FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Software Disclosure Act of 2008''. SEC. 2. PROHIBITING USE OF UNCERTIFIED ELECTION-DEDICATED VOTING SYSTEM TECHNOLOGIES; DISCLOSURE REQUIREMENTS. (a) In General.--Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by adding at the end the following new paragraph: ``(7) Prohibiting use of uncertified election-dedicated voting system technologies; disclosure requirements.-- ``(A) In general.--A voting system used in an election for Federal office in a State may not at any time during the election contain or use any election- dedicated voting system technology-- ``(i) which has not been certified by the State for use in the election; and ``(ii) which has not been deposited with the appropriate State and local election officials to be held in escrow and disclosed in accordance with this paragraph. ``(B) Requirement for and restrictions on disclosure.--A State or local election official with whom an election-dedicated voting system technology has been deposited shall-- ``(i) hold the technology in escrow; and ``(ii) disclose technology and information regarding the technology to another person if-- ``(I) the person is a qualified person described in subparagraph (C) who has entered into a nondisclosure agreement with respect to the technology which meets the requirements of subparagraph (D); or ``(II) the official is required to disclose the technology to the person under State law, in accordance with the terms and conditions applicable under such law. ``(C) Qualified persons described.--With respect to the disclosure of election-dedicated voting system technology by an election official under subparagraph (B)(ii)(I), a `qualified person' is any of the following: ``(i) A governmental entity with responsibility for the administration of voting and election-related matters for purposes of reviewing, analyzing, or reporting on the technology. ``(ii) A party to pre- or post-election litigation challenging the result of an election or the administration or use of the technology used in an election, including but not limited to election contests or challenges to the certification of the technology, or an expert for a party to such litigation, for purposes of reviewing or analyzing the technology to support or oppose the litigation, and all parties to the litigation shall have access to the technology for such purposes. ``(iii) A person not described in clause (i) or (ii) who reviews, analyzes, or reports on the technology solely for an academic, scientific, technological, or other investigation or inquiry concerning the accuracy or integrity of the technology. ``(D) Requirements for nondisclosure agreements.--A nondisclosure agreement entered into with respect to an election-dedicated voting system technology meets the requirements of this subparagraph if the agreement-- ``(i) is limited in scope to coverage of the technology disclosed under subparagraph (B) and any trade secrets and intellectual property rights related thereto; ``(ii) does not prohibit a signatory from entering into other nondisclosure agreements to review other technologies under this paragraph; ``(iii) exempts from coverage any information the signatory lawfully obtained from another source or any information in the public domain; ``(iv) remains in effect for not longer than the life of any trade secret or other intellectual property right related thereto; ``(v) prohibits the use of injunctions barring a signatory from carrying out any activity authorized under subparagraph (C), including injunctions limited to the period prior to a trial involving the technology; ``(vi) is silent as to damages awarded for breach of the agreement, other than a reference to damages available under applicable law; ``(vii) allows disclosure of evidence of crime, including in response to a subpoena or warrant; ``(viii) allows the signatory to perform analyses on the technology (including by executing the technology), disclose reports and analyses that describe operational issues pertaining to the technology (including vulnerabilities to tampering, errors, risks associated with use, failures as a result of use, and other problems), and describe or explain why or how a voting system failed or otherwise did not perform as intended; and ``(ix) provides that the agreement shall be governed by the trade secret laws of the applicable State. ``(E) Election-dedicated voting system technology defined.--For purposes of this paragraph: ``(i) In general.--The term `election- dedicated voting system technology' means the following: ``(I) The source code used for the trusted build and its file signatures. ``(II) A complete disk image of the pre-build, build environment, and any file signatures to validate that it is unmodified. ``(III) A complete disk image of the post-build, build environment, and any file signatures to validate that it is unmodified. ``(IV) All executable code produced by the trusted build and any file signatures to validate that it is unmodified. ``(V) Installation devices and software file signatures. ``(ii) Exclusion.--Such term does not include `commercial-off-the-shelf' software and hardware defined under under the 2005 voluntary voting system guidelines adopted by the Commission under section 222.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to each election for Federal office held after the date of the enactment of this Act.

Election Software Disclosure Act of 2008 - Amends the Help America Vote Act of 2002 to prohibit a voting system used in a state in a federal election from containing or using any election-dedicated voting system technology: (1) which has not been certified by the state for such use; and (2) which has not been deposited with the appropriate state and local election officials to be held in escrow and disclosed in accordance with this Act. Requires a state or local election official with whom an election-dedicated voting system technology has been deposited to: (1) hold it in escrow; and (2) disclose information regarding it to a qualified person who has entered into a nondisclosure agreement meeting certain requirements with respect to the technology, or if state law requires such disclosure.

To amend the Help America Vote Act of 2002 to prohibit the use in any election for Federal office of any election-dedicated voting system technology which has not been certified for use in the election by the State which will administer the election and to establish the standards under which such technology and information regarding the technology may be disclosed, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Understanding the True Cost of College Act of 2015''. SEC. 2. INSTITUTION FINANCIAL AID OFFER FORM. (a) Institution Financial Aid Offer Form.--Section 484 of the Higher Education Opportunity Act (20 U.S.C. 1092 note) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Standard Format.--The Secretary of Education, in consultation with the heads of relevant Federal agencies, shall develop a standard format for financial aid offer forms based on recommendations from representatives of students, students' families, institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups.''; (2) by striking subsection (b) and inserting the following: ``(b) Key Required Contents for Offer Form.--The standard format developed under subsection (a) shall include, in a consumer-friendly manner that is simple and understandable, the following items clearly separated from each other and listed on the first page of the financial aid offer form in either electronic or written format: ``(1) Information on the student's cost of attendance, which denotes figures that are estimates with a disclaimer that actual costs may depend on decisions made by the student, based on the most current costs for the academic period covered by the financial aid offer form, including the following: ``(A) Tuition and fees, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(B) Room and board costs, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(C) Books and supplies, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(D) Transportation, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(E) Miscellaneous personal expenses, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(2) The amount of financial aid that the student does not have to repay, such as scholarships, grant aid offered under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), or grant aid offered by the institution, a State, or an outside source to the student for such academic period, including a disclosure that the financial aid does not have to be repaid and whether the student can expect to receive similar amounts of such financial aid for each academic period the student is enrolled at the institution. ``(3) The net price that the student, or the student's family on behalf of the student, is estimated to have to pay for the student to attend the institution for such academic period, with a disclaimer that actual costs for some items may depend on decisions by the student, equal to-- ``(A) the cost of attendance as described in paragraph (1) for the student for such academic period, minus ``(B) the amount of financial aid described in paragraph (2) that is included in the financial aid offer form. ``(4) Work study assistance, including a disclosure that the aid must be earned by the student and a disclosure that the assistance offered is subject to the availability of employment opportunities. ``(5) The types and amounts of loans under part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq., 1087aa et seq.) that the institution recommends for the student for such academic period, a disclosure that such loans have to be repaid, a disclosure that the student can borrow a lesser amount than the recommended loan amount, a clear use of the word `loan' to describe the recommended loan amounts, the interest rates, fees, the expected monthly repayment amounts (assuming a 10-year repayment plan), the total amount the student will pay over the life of the loans (assuming a 10-year repayment plan), and a disclosure that the student may be eligible for longer repayment terms, such as extended or income-based plans, and that longer repayment terms may result in the student paying more money over the life of the loans. ``(6) Where a student or the student's family can seek additional information regarding the financial aid offered, including contact information for the institution's financial aid office and the Department of Education's website on financial aid. ``(7) A disclosure that Federal student loans offer generally more favorable terms and beneficial repayment options than private education loans so students should examine available Federal student loan options before applying for private education loans, and an explanation to be written by the Secretary of Education, in consultation with the heads of relevant Federal agencies, of the benefits unique to Federal student loans, including various repayment plans, loan forgiveness, and loan deferment, and the terms to examine carefully if considering a private education loan. ``(8) The deadline and summary of the process, if any, for accepting the financial aid offered in the financial aid offer form. ``(9) The academic period covered by the financial aid offer form and a clear indication whether the aid offered is based on full-time or part-time enrollment. ``(10) With respect to institutions where more than 30 percent of enrolled students borrow loans to pay for their education, the institution's most recent cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), compared to the national average cohort default rate. ``(11) Any other information the Secretary of Education, in consultation with the heads of relevant Federal agencies, determines necessary so that students and parents can make informed loan borrowing decisions, including quality metrics such as percentage of students at the institution who take out student loans and average debt at graduation for students at the institution.''; and (3) by adding at the end the following: ``(c) Other Required Contents for the Offer Form.--The standard format developed under subsection (a) shall also include the following information to be included on the financial aid offer form in a concise format determined by the Secretary of Education, in consultation with the heads of relevant Federal agencies: ``(1) A concise summary of the terms and conditions of financial aid recommended under paragraphs (2), (4), and (5) of subsection (b), and a method to provide students with additional information about such terms and conditions, such as links to the supplementary information. ``(2) At the institution's discretion, additional options for paying for the net amount listed in subsection (b)(3), such as the amount recommended to be paid by the student or student's family, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e), or private education loans. If the institution recommends private education loans, as defined in section 140 of the Truth in Lending Act (15 U.S.C. 1650), the financial aid offer form shall contain the additional following disclosures on the offer form: ``(A) The availability of, and the student's potential eligibility for, Federal financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(B) The impact of a proposed private education loan on the student's potential eligibility for other financial assistance, including Federal financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(C) The student's ability to select a private educational lender of the student's choice. ``(D) The student's right to accept or reject a private education loan within the 30-day period following a private educational lender's approval of a student's application and a student's 3-day right-to- cancel period. ``(E) With respect to dependent students, any reference to private education loans shall be accompanied by information about the recommended family contribution and the availability of, and terms and conditions associated with, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) for the student's parents regardless of family income, and of the student's increased eligibility for Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) if the student's parents are not able to borrow under the Federal Direct PLUS Loan program. ``(3) The following disclosures: ``(A) That the financial aid offer form only contains information for 1 academic period and the financial aid offered in following academic periods may change, unless the institution is offering aid that covers multiple academic periods. ``(B) How non-institutional scholarships awarded to the student affect the financial aid package offered to the student. ``(C) A concise summary of any Federal or institutional conditions required to receive and renew financial aid and a method to provide students with additional information about these conditions, such as links to the supplementary information. ``(d) Additional Requirements for Financial Aid Offer Form.--In addition to the requirements listed under subsections (b) and (c), the financial aid offer form shall meet the following requirements: ``(1) Clearly distinguish between the aid offered in paragraphs (2), (4), and (5) of subsection (b), by including a subtotal for the aid offered in each of such paragraphs and by refraining from commingling the different types of aid described in such paragraphs. ``(2) Use standard definitions and names for the terms described in subsection (b) that are developed by the Secretary of Education in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors, not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2015. ``(3) If an institution's recommended Federal student loan aid offered in subsection (b)(5) is less than the Federal maximum available to the student, the institution shall provide additional information on Federal student loans, including the types and amounts for which the student is eligible in an attached document or webpage. ``(4) Use standard formatting and design that the Secretary of Education, in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors determine is appropriate to produce multiple draft financial aid offer designs for consumer testing not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2015 to ensure-- ``(A) that figures described in paragraphs (1) through (5) of subsection (b) are in the same font, appear in the same order, and are displayed prominently on the first page of the financial aid offer form whether produced in written or electronic format; and ``(B) that the other information required in (b) and (c) appears in a standard format and design on the financial aid offer form. ``(5) Include an attestation that the student has accessed and read the financial aid offer form, if provided to the student in electronic format. ``(6) Include language developed by the Secretary of Education, in consultation with the heads of relevant Federal agencies, notifying eligible students that they may be eligible for education benefits, and where they can locate more information about such benefits, described in the following provisions: ``(A) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. ``(B) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. ``(C) Section 1784a, 2005, or 2007 of title 10, United States Code. ``(e) Additional Information.--Nothing in this section shall preclude an institution from supplementing the financial aid offer form with additional information so long as such additional information supplements the financial aid offer form and is not located on the financial aid offer form. ``(f) Consumer Testing.-- ``(1) In general.--Not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2015, the Secretary of Education, in consultation with the heads of relevant Federal agencies, shall establish a process to submit the financial aid offer form developed under this section for consumer testing among representatives of students (including low-income students, first generation college students, adult students, and prospective students), students' families (including low-income families, families with first generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. ``(2) Length of consumer testing.--The Secretary of Education shall ensure that the consumer testing lasts no longer than 6 months after the process for consumer testing is developed under paragraph (1). ``(3) Use of results.--The results of consumer testing under paragraph (1) shall be used in the final development of the financial aid offer form. ``(4) Reporting requirement.--Not later than 3 months after the date the consumer testing under paragraph (1) concludes, the Secretary of Education shall submit to Congress the final standard financial aid offer form and a report detailing the results of such testing, including whether the Secretary added any additional items to the standard financial aid offer form pursuant to subsection (b)(10). ``(5) Authority to modify.--The Secretary of Education may modify the definitions, terms, formatting, and design of the financial aid offer form based on the results of consumer testing required under this subsection and before finalizing the form.''. (b) Mandatory Form.--Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: ``SEC. 124. USE OF MANDATORY FINANCIAL AID OFFER FORM. ``(a) In General.--Notwithstanding any other provision of law, each institution of higher education that receives Federal financial assistance under this Act shall use the financial aid offer form developed under section 484 of the Higher Education Opportunity Act (20 U.S.C. 1092 note) in providing written or electronic financial aid offers to students enrolled in, or accepted for enrollment in, the institution. ``(b) Effective Date.--The requirement under subsection (a) shall take effect 8 months after the Secretary of Education finalizes the offer form developed under section 484(a) of the Higher Education Opportunity Act (20 U.S.C. 1092 note).''.

Understanding the True Cost of College Act of 2015 This bill amends the Higher Education Opportunity Act and the Higher Education Act of 1965 to require institutions of higher education to use a standardized financial aid offer form that meets specified requirements. The Department of Education (ED) must develop a standard format for financial aid offer forms based on recommendations from representatives of students, students' families, institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. The form must include specified details and disclosures regarding: the cost of attendance; aid that does not need to be repaid; the net price that a student or family is estimated to pay; work study assistance; types and amounts of loans, including monthly repayment amounts; sources for additional information; deadlines and the process for accepting financial aid; the academic period covered by the aid; default rates; private loans; scholarships; and the terms and conditions of federal financial aid. ED must: (1) test the form with representatives of students, students' families, institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups; and (2) use the results to develop the final form. Each institution of higher education that receives federal financial assistance under the Higher Education Act of 1965 must use the standard form when offering financial aid to students.

Understanding the True Cost of College Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Exascale Computing for Science, Competitiveness, Advanced Manufacturing, Leadership, and the Economy Act of 2015'' or the ``ExaSCALE Computing Leadership Act of 2015''. SEC. 2. RENAMING OF ACT. (a) In General.--Section 1 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5501 note; Public Law 108-423) is amended by striking ``Department of Energy High-End Computing Revitalization Act of 2004'' and inserting ``Exascale Computing for Science, Competitiveness, Advanced Manufacturing, Leadership, and the Economy Act of 2015''. (b) Conforming Amendment.--Section 976(a)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16316(1)) is amended by striking ``Department of Energy High-End Computing Revitalization Act of 2004'' and inserting ``Exascale Computing for Science, Competitiveness, Advanced Manufacturing, Leadership, and the Economy Act of 2015''. SEC. 3. DEFINITIONS. Section 2 of the Exascale Computing for Science, Competitiveness, Advanced Manufacturing, Leadership, and the Economy Act of 2015 (15 U.S.C. 5541) is amended-- (1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (2) by striking paragraph (1) and inserting the following: ``(1) Department.--The term `Department' means the Department of Energy. ``(2) Exascale computing.--The term `exascale computing' means computing through the use of a computing machine that performs near or above 10 to the 18th power floating point operations per second.''; and (3) in paragraph (6) (as redesignated by paragraph (1)), by striking ``, acting through the Director of the Office of Science of the Department of Energy''. SEC. 4. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND DEVELOPMENT PROGRAM. Section 3 of the Exascale Computing for Science, Competitiveness, Advanced Manufacturing, Leadership, and the Economy Act of 2015 (15 U.S.C. 5542) is amended-- (1) in subsection (a)(1), by striking ``program'' and inserting ``coordinated program across the Department''; (2) in subsection (b)(2), by striking ``, which may'' and all that follows through ``architectures''; and (3) by striking subsection (d) and inserting the following: ``(d) Exascale Computing Program.-- ``(1) In general.--The Secretary shall conduct a research program (referred to in this subsection as the `Program') to develop 2 or more exascale computing machine architectures to promote the missions of the Department. ``(2) Implementation.-- ``(A) In general.--In carrying out the Program, the Secretary shall-- ``(i) establish 2 or more National Laboratory partnerships with industry partners and institutions of higher education for the research and development of 2 or more exascale computing systems across all applicable organizations of the Department; and ``(ii) provide, as appropriate, on a competitive, merit-reviewed basis, access for researchers in industries in the United States, institutions of higher education, National Laboratories, and other Federal agencies to the exascale computing systems developed pursuant to clause (i). ``(B) Selection of partners.--The Secretary shall select members for the partnerships under subparagraph (A) through a competitive, peer-review process. ``(3) Codesign and application development.-- ``(A) In general.--The Secretary shall carry out the Program through an integration of application, computer science, and computer hardware architecture using the partnerships established pursuant to paragraph (2) to ensure that, to the maximum extent practicable, 2 or more exascale computing machine architectures are capable of solving Department target applications and broader scientific problems. ``(B) Report.--The Secretary shall submit to Congress a report on how the integration under subparagraph (A) is furthering application science data and computational workloads across application interests, including national security, material science, physical science, cyber security, biological science, the Materials Genome and BRAIN Initiatives of the President, advanced manufacturing, and the national electric grid. ``(4) Project review.-- ``(A) In general.--The exascale architectures systems developed pursuant to partnerships established pursuant to paragraph (2) shall be reviewed through a project review process. ``(B) Report.--Not later than 90 days after the date of enactment of this subsection, the Secretary shall submit to Congress a report on-- ``(i) the results of the review conducted under subparagraph (A); and ``(ii) the coordination and management of the Program to ensure an integrated research program across the Department. ``(5) Annual reports.--At the time of the budget submission of the Department for each fiscal year, the Secretary, in consultation with the members of the partnerships established pursuant to paragraph (2), shall submit to Congress a report that describes funding for the Program as a whole by functional element of the Department and critical milestones.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 4 of the Exascale Computing for Science, Competitiveness, Advanced Manufacturing, Leadership, and the Economy Act of 2015 (15 U.S.C. 5543) is amended-- (1) by striking ``this Act'' and inserting ``section 3(d)''; and (2) by striking paragraphs (1) through (3) and inserting the following: ``(1) $272,000,000 for fiscal year 2016; ``(2) $340,000,000 for fiscal year 2017; and ``(3) $360,000,000 for fiscal year 2018.''.

Exascale Computing for Science, Competitiveness, Advanced Manufacturing, Leadership, and the Economy Act of 2015 or the ExaSCALE Computing Leadership Act of 2015 Renames the Department of Energy High-End Computing Revitalization Act of 2004 as the Exascale Computing for Science, Competitiveness, Advanced Manufacturing, Leadership, and the Economy Act of 2015. Defines "exascale computing" as computing through the use of a computing machine that performs near or above 10 to the 18th power floating point operations per second. Directs the Secretary of Energy (DOE) to: conduct a research program to develop exascale computing machine architectures to promote DOE missions; establish national laboratory partnerships with industry partners and institutions of higher education (IHEs) for the research and development of exascale computing systems across all applicable DOE organizations; provide, on a competitive, merit-reviewed basis, access for researchers in U.S. industries, IHEs, National Laboratories, and other federal agencies to the exascale computing systems developed under this Act; select members for such partnerships through a competitive, peer-review process; and execute the program through an integration of application, computer science, and computer hardware architecture using those partnerships to ensure that exascale computing machine architectures are capable of solving DOE target applications and broader scientific problems.

ExaSCALE Computing Leadership Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyberterrorism Preparedness Act of 2002''. SEC. 2. GRANT FOR PROGRAM FOR PROTECTION OF INFORMATION INFRASTRUCTURE AGAINST DISRUPTION. (a) In General.--The National Institute of Standards and Technology shall, using amounts authorized to be appropriated by section 5, award a grant to a qualifying nongovernmental entity for purposes of a program to support the development of appropriate cybersecurity best practices, support long-term cybersecurity research and development, and perform functions relating to such activities. The purpose of the program shall be to provide protection for the information infrastructure of the United States against terrorist or other disruption or attack or other unwarranted intrusion. (b) Qualifying Nongovernmental Entity.--For purposes of this section, a qualifying nongovernmental entity is any entity that-- (1) is a nonprofit, nongovernmental consortium composed of at least three academic centers of expertise in cybersecurity and at least three private sector centers of expertise in cybersecurity; (2) has a board of directors of at least 12 members who include senior administrators of academic centers of expertise in cybersecurity and senior managers of private sector centers of expertise in cybersecurity and of whom not more than one third are affiliated with the centers comprising the consortium; (3) is operated by individuals from academia, the private sector, or both who have-- (A) a demonstrated expertise in cybersecurity; and (B) the capacity to carry out the program required under subsection (g); (4) has in place a set of rules to ensure that conflicts of interest involving officers, employees, and members of the board of directors of the entity do not undermine the activities of the entity; (5) has developed a detailed plan for the program required under subsection (g); and (6) meets any other requirements established by the National Institute of Standards and Technology for purposes of this Act. (c) Application.--Any entity seeking a grant under this section shall submit to the National Institute of Standards and Technology an application therefor, in such form and containing such information as the National Institute for Standards and Technology shall require. (d) Selection of Grantee.--The entity awarded a grant under this section shall be selected after full and open competition among qualifying nongovernmental entities. (e) Dispersal of Grant Amount.--Amounts available for the grant under this section pursuant to the authorization of appropriations in section 5 shall be dispersed on a fiscal year basis over the five fiscal years beginning with fiscal year 2003. (f) Consultation.--In carrying out activities under this section, including selecting an entity for the award of a grant, dispersing grant amounts, and overseeing activities of the entity receiving the grant, the National Institute of Standards and Technology-- (1) shall consult with an existing interagency entity, or new interagency entity, consisting of the elements of the Federal Government having a substantial interest and expertise in cybersecurity and designated by the President for purposes of this Act; and (2) may consult separately with any such element of the Federal Government. (g) Program Using Grant Amount.-- (1) In general.--The entity awarded a grant under this section shall carry out a national program for the purpose of protecting the information infrastructure of the United States against disruption. The program shall consist of-- (A) multi-disciplinary research and development to identify appropriate cybersecurity best practices, to measure the effectiveness of cybersecurity best practices that are put into use, and to identify sound means to achieve widespread use of appropriate cybersecurity best practices that have proven effective; (B) multi-disciplinary, long-term, or high-risk research and development (including associated human resource development) to improve cybersecurity; and (C) the activities required under paragraphs (3) and (4). (2) Conduct of research and development.-- (A) In general.--Except as provided in subparagraph (B), research and development under subparagraphs (A) and (B) of paragraph (1) shall be carried out using funds and other support provided by the grantee to entities selected by the grantee after full and open competition among entities determined by the grantee to be qualified to carry out such research and development. (B) Conduct by grantee.--The grantee may carry out research and development referred to in subparagraph (A) in any fiscal year using not more than 15 percent of the amount dispersed to the grantee under this Act in such fiscal year by the National Institute of Standards and Technology. (3) Recommendations on cybersecurity best practices.-- (A) Recommendations.--Not later than 18 months after the selection of the grantee under this section, the grantee shall prepare a report containing recommendations for appropriate cybersecurity best practices. (B) Updates.--The grantee shall update the recommendations made under subparagraph (A) not less often than once every six months, and may update any portion of such recommendations more frequently if the grantee determines that circumstances so require. (C) Considerations.--In making recommendations under subparagraph (A), and any update of such recommendations under subparagraph (B), the grantee shall-- (i) review the most current cybersecurity best practices identified by the National Institute of Standards and Technology under section 3(a); and (ii) consult with-- (I) the entities carrying out research and development under paragraph (1)(A); (II) entities employing cybersecurity best practices; and (III) a wide range of academic, private sector, and public entities. (D) Dissemination.--The grantee shall submit the report under subparagraph (A), and any update of the report under paragraph (B), to the bodies and officials specified in paragraph (5), and shall widely disseminate the report, and any such update, among government (including State and local government), private, and academic entities. (4) Activities relating to widespread use of cybersecurity best practices.-- (A) In general.--Not later than two years after the selection of the grantee under this section, the grantee shall submit to the bodies and officials specified in paragraph (5) a report containing-- (i) an assessment of the advisability of requiring the contractors and grantees of the Federal Government to use appropriate cybersecurity best practices; and (ii) recommendations for sound means to achieve widespread use of appropriate cybersecurity best practices that have proven effective. (B) Report elements.--The report under subparagraph (A) shall set forth-- (i) whether or not the requirement described in subparagraph (A)(i) is advisable, including whether the requirement would impose undue or inappropriate burdens, or other inefficiencies, on contractors and grantees of the Federal Government; (ii) if the requirement is determined advisable-- (I) whether, and to what extent, the requirement should be subject to exceptions or limitations for particular contractors or grantees, including the types of contractors or grantees and the nature of the exceptions or limitations; and (II) which cybersecurity best practices should be covered by the requirement and with what, if any, exceptions or limitations; and (iii) any other matters that the grantee considers appropriate. (5) Specified bodies and officials.--The bodies and officials specified in this paragraph are as follows: (A) The appropriate committees of Congress. (B) The President. (C) The Director of the Office of Management and Budget. (D) The National Institute of Standards and Technology. (E) The interagency entity designated by the President under subsection (f)(1). (h) Grant Administration.-- (1) Use of grant competition and management systems.--The National Institute of Standards and Technology may permit the entity awarded the grant under this section to utilize the grants competition system and grants management system of the National Institute of Standards and Technology for purposes of the efficient administration of activities by the entity under subsection (g). (2) Rules.--The National Institute of Standards and Technology shall establish any rules and procedures that the National Institute of Standards and Technology considers appropriate to further the purposes of this section. Such rules may include provisions relating to the ownership of any intellectual property created by the entity awarded the grant under this section or funded by the entity under subsection (g). (i) Supplement Not Supplant.--The National Institute of Standards and Technology shall take appropriate actions to ensure that activities under this section supplement, rather than supplant, other current governmental and nongovernmental efforts to protect the information infrastructure of the United States. SEC. 3. APPROPRIATE CYBERSECURITY BEST PRACTICES FOR THE FEDERAL GOVERNMENT. (a) NIST Recommendations.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the National Institute of Standards and Technology shall submit to the bodies and officials specified in subsection (e) a report that-- (A) identifies appropriate cybersecurity best practices that could reasonably be adopted by the departments and agencies of the Federal Government over the 24-month period beginning on the date of the report; and (B) sets forth proposed demonstration projects for the adoption of such best practices by various departments and agencies of the Federal Government beginning 90 days after the date of the report. (2) Updates.--The National Institute of Standards and Technology may submit to the bodies and officials specified in subsection (e) any updates of the report under paragraph (1) that the National Institute of Standards and Technology consider appropriate due to changes in circumstances. (3) Consultation.--In preparing the report under paragraph (1), and any updates of the report under paragraph (2), the National Institute of Standards and Technology shall consult with departments and agencies of the Federal Government having an interest in the report and such updates, and with academic centers of expertise in cybersecurity and private sector centers of expertise in cybersecurity. (b) Demonstration Projects for Implementation of Recommendations.-- (1) In general.--Commencing not later than 90 days after receipt of the report under subsection (a), the President shall carry out the demonstration projects set forth in the report, including any modification of any such demonstration project that the President considers appropriate. (2) Updates.--If the National Institute of Standards and Technology updates under subsection (a)(2) any recommendation under subsection (a)(1)(A) that is relevant to a demonstration project under paragraph (1), the President shall modify the demonstration project to take into account such update. (3) Report.--Not later than nine months after commencement of the demonstration projects under this subsection, the President shall submit to the appropriate committees of Congress a report on the demonstration projects. The report shall set forth the following: (A) An assessment of the extent to which the adoption of appropriate cybersecurity best practices by departments and agencies of the Federal Government under the demonstration projects has improved cybersecurity at such departments and agencies. (B) An assessment whether or not the adoption of appropriate cybersecurity best practices by departments and agencies of the Federal Government under the demonstration projects has affected the capability of such departments and agencies to carry out their missions. (C) A description of the cost of the adoption of appropriate cybersecurity best practices by departments and agencies of the Federal Government under the demonstration projects. (D) A description of a security-enhancing, missions-compatible, cost-effective program, to the extent such program is feasible, for the adoption of appropriate cybersecurity best practices government- wide. (E) Any other matters that the President considers appropriate. (c) Adoption of Cybersecurity Best Practices Government-Wide.--The President shall implement a program for the adoption of appropriate cybersecurity best practices government-wide commencing not later than six months after the date of the report. (d) Incorporation of Recommendations.--If during the development or implementation of the program under subsection (c) the President receives any recommendations under paragraph (3) or (4) of section 3(g), the President shall modify the program in order to take into account such recommendations. (e) Specified Bodies and Officials.--The bodies and officials specified in this subsection are as follows: (1) The appropriate committees of Congress. (2) The President. (3) The Director of the Office of Management and Budget. (4) The interagency entity designated by the President under section 3(f)(1). SEC. 4. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science of the House of Representatives. (2) Cybersecurity.--The term ``cybersecurity'' means information assurance, including information security, information technology disaster recovery, and information privacy. (3) Cybersecurity best practice.--The term ``cybersecurity best practice'' means a computer hardware or software configuration, information system design, operational procedure, or measure, structure, or method that most effectively protects computer hardware, software, networks, or network elements against an attack that would cause harm through the installation of unauthorized computer software, saturation of network traffic, alteration of data, disclosure of confidential information, or other means. (4) Appropriate cybersecurity best practice.--The term ``appropriate cybersecurity best practice'' means a cybersecurity best practice that-- (A) permits, as needed, customization or expansion for the computer hardware, software, network, or network element to which the best practice applies; (B) takes into account the need for security protection that balances-- (i) the risk and magnitude of harm threatened by potential attack; and (ii) the cost of imposing security protection; and (C) takes into account the rapidly changing nature of computer technology. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated for the National Institute of Standards and Technology for purposes of activities under this Act, amounts as follows: (1) For fiscal year 2003, $70,000,000. (2) For each of the fiscal years 2004 through 2007, such sums as may be necessary.

Cyberterrorism Preparedness Act of 2002 - Directs the National Institute of Standards and Technology (NIST) to award a grant to a qualifying nongovernmental entity to conduct a program to support the development of appropriate cybersecurity best practices, long-term cybersecurity research and development, and related activities. Funds such grants for five fiscal years beginning with 2003. Requires the entity awarded a grant to: (1) carry out a national program to protect the U.S. information infrastructure against disruption; and (2) make recommendations for appropriate cybersecurity best practices and to update such recommendations every six months.Requires: (1) NIST to recommend to specified bodies and officials appropriate cybersecurity best practices for the Government; and (2) the President to carry out demonstration projects for the adoption of such practices.

A bill to protect against cyberterrorism and cybercrime, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Made in America Deduction Enhancement (MADE) Act''. SEC. 2. ENHANCED DEDUCTION FOR CERTAIN DOMESTIC PRODUCTION. (a) In General.--Section 199 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Enhanced Manufacturing Deduction.-- ``(1) In general.--If an eligible taxpayer has qualified core manufacturing income for any taxable year, the amount otherwise allowable as a deduction under subsection (a) shall be increased by the applicable percentage of the least of-- ``(A) the qualified core manufacturing income of the taxpayer for the taxable year, ``(B) the qualified production activities income of the taxpayer for the taxable year, or ``(C) taxable income (determined without regard to this section). ``(2) Eligible taxpayer.--For purposes of this subsection, the term `eligible taxpayer' means, with respect to any taxable year, any taxpayer if the domestic input percentage for such taxable year is more than 75 percent. ``(3) Domestic input percentage.--For purposes of this subsection-- ``(A) In general.--The term `domestic input percentage' means the ratio (expressed as a percentage) of-- ``(i) domestically produced input costs, to ``(ii) the total costs of direct material inputs included in the cost of goods sold which are allocable to gross receipts derived from qualified property. ``(B) Domestically produced input costs.--For purposes of subparagraph (A)-- ``(i) In general.--The term `domestically produced input costs' means the costs described in subparagraph (A)(ii) for materials-- ``(I) which become an integral part of property produced by the eligible taxpayer, or ``(II) which can be identified or associated with particular units or groups of units of property produced by the eligible taxpayer, if all or virtually all of such material is produced in the United States. ``(ii) Determination.--For purposes of this subparagraph-- ``(I) the determination of whether all or virtually all of a material is produced in the United States shall be made based on rules similar to the guidelines of the Federal Trade Commission with respect to goods advertised as Made in USA, and ``(II) all or virtually all of a material shall not be treated as produced in the United States unless the taxpayer has a reasonable basis to support such claim. ``(iii) United states.--For purposes of this subparagraph, the United States includes any possession of the United States. ``(4) Qualified core manufacturing income; qualified property.--For purposes of this subsection-- ``(A) In general.--The term `qualified core manufacturing income' means for any taxable year the qualified production activities income which is attributable to the manufacture of qualified property during such taxable year. ``(B) Qualified property.--The term `qualified property' means tangible personal property other than-- ``(i) a film, ``(ii) computer software, ``(iii) property described in section 168(f)(4), ``(iv) a natural resource extracted by the taxpayer, or ``(v) property produced in a farming business (within the meaning of section 263A(e)(4)). ``(5) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is the percentage which bears the same ratio to 9 percent as-- ``(A) so much the domestic input percentage as exceeds 75 percent, bears to ``(B) 25 percent.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Made in America Deduction Enhancement (MADE) Act This bill amends the Internal Revenue Code, with respect to the deduction for income attributable to domestic production activities, to allow an increased deduction for manufacturers that use materials produced in the United States during their production process. The bill allows the increased deduction for taxpayers with a domestic input percentage that exceeds 75%. A "domestic input percentage" is the ratio of: (1) domestically produced input costs, to (2) the total costs of direct material inputs included in the cost of goods sold which are allocable to gross receipts derived from qualified property (tangible personal property other than a film, computer software, sound recordings, a natural resource extracted by the taxpayer, or property produced in a farming business). "Domestically produced input costs" are costs for materials which: (1) become an integral part of property produced by the eligible taxpayer; or (2) can be identified or associated with particular units or groups of units of property produced by the eligible taxpayer, if all or virtually all of the material is produced in the United States.

Made in America Deduction Enhancement (MADE) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``PACE Provider Act of 1995''. SEC. 2. WAIVER AUTHORITY AND PROVIDER ELIGIBILITY FOR PACE PROJECTS. (a) Trial Periods.-- (1) In general.--The Secretary of Health and Human Services (hereafter for purposes of this Act referred to as the `Secretary') shall grant waivers of certain requirements of titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq., 42 U.S.C. 1396 et seq.), or of any other applicable title of such Act, to public or nonprofit community-based organizations for a trial period to enable such organizations to demonstrate their capacity to provide comprehensive health care services of proper quality on a cost-effective capitated basis to frail elderly patients at risk of institutionalization. An organization shall be eligible to be a provider under such titles if the organization successfully completes the trial period described in the preceding sentence. (2) Approval of applications.--An appropriately completed application for a waiver under this Act is deemed approved unless the Secretary specifically disapproves it in writing-- (A) not later than 90 days after the date the completed application is filed in proper form; or (B) not later than 90 days after the date additional information is provided to the Secretary if the Secretary requests reasonable and substantial additional information during the 90-day period described in subparagraph (A). (3) Sole authority.--The Secretary shall have sole authority to approve or disapprove the eligibility of an organization for a waiver under this Act and shall make such determinations in a timely manner. (4) Consideration of existing sites.--In reviewing an application for a waiver under this Act, the Secretary shall-- (A) consider whether any existing organization already operates under a waiver granted under this Act in the proposed service area identified in the application; and (B) if the Secretary determines that such an organization exists, assure that the potential population of eligible individuals to be served under the proposed waiver is reasonably sufficient to sustain an additional organization without jeopardizing the economic or service viability of any other organization operating in that service area. (b) Terms and Conditions for Waivers.-- (1) In general.--Except as otherwise provided by law or regulation, the terms and conditions of a waiver granted pursuant to this Act shall be substantially equivalent to-- (A) the terms and conditions of the On Lok waiver (referred to in section 603(c) of the Social Security Amendments of 1983 and extended by section 9220 of the Consolidated Omnibus Budget Reconciliation Act of 1985), including permitting the organization to assume the full financial risk progressively over the initial 3-year period of the waiver; and (B) the terms and conditions provided under the Protocol for the Program of All-inclusive Care for the Elderly (PACE), as published by On Lok, Inc. as of April 14, 1995, and made generally available. (2) Not conditioned on information.-- (A) In general.--The Secretary's approval of a waiver for a trial period shall not be conditioned upon an organization collecting information for purposes other than operational purposes, including monitoring of cost and quality of care provided. (B) Research.--The Secretary may require information from an organization operating under a waiver under this Act for purposes of general research or general evaluation, but only if an organization agrees to participate in such research or evaluation and is appropriately compensated for any expenses incurred, or where such research is undertaken entirely at the expense of the Secretary. (3) 3-year waiver limit.-- (A) In general.--Except as provided in subparagraph (B), a waiver granted under this Act shall be for a trial period not to exceed 3 years. (B) Exception.--The Secretary may extend a waiver granted under this Act beyond the 3-year period during the consideration of an application from an organization under subsection (c). (4) Number of organizations authorized.-- (A) Prior to july 1, 1998.-- (i) In general.--The Secretary shall grant waivers under this Act to not more than-- (I) 30 organizations before July 1, 1996; (II) 40 organizations before July 1, 1997, and after July 1, 1996; or (III) 50 organizations before July 1, 1998, and after July 1, 1997. (ii) Section 9412(b) and on lok waivers included.--For purposes of clause (i), the number of organizations specified in such clause shall include any organization established and operating under a waiver granted under section 603(c) of the Social Security Amendments of 1983 or any organization established and operating under a waiver granted under section 9412(b) of the Omnibus Budget Reconciliation Act of 1986 (as such sections were in effect on the day before the date of the enactment of this Act). (B) On and after july 1, 1998.--On and after July 1, 1998, the number of organizations operating under a waiver under this Act shall no longer be limited. (c) Eligibility To Be a Provider.-- (1) In general.--Upon successful completion of the trial period established under this Act, an organization which continues to meet the requirements of this Act shall be eligible to be a provider under any applicable title of the Social Security Act, including under titles XVIII and XIX of such Act (42 U.S.C. 1395 et seq.; 42 U.S.C. 1396 et seq.), and may apply to be recognized as such in accordance with regulations promulgated by the Secretary. (2) Requirements.--No organization may be eligible to be a provider under any applicable title of the Social Security Act if-- (A) the Secretary specifically and formally finds that projected reimbursement for such organization would not, without any reimbursement modifications specified in the Secretary's finding, result in payments below the projected costs for a comparable population under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and the medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.), or under any other applicable title of such Act, or that the care provided by such organization is significantly deficient; and (B) such projected reimbursement costs or significant deficiencies in quality of care are not appropriately adjusted or corrected on a timely basis (as determined by the Secretary) in accordance with the specific recommendations for reimbursement adjustments or corrections in the quality of service included in the Secretary's formal finding under subparagraph (A). (3) Not conditioned on information.--The provisions of subsection (b)(2) shall apply to an organization eligible to be a provider under any applicable title of the Social Security Act after successfully completing a trial period under this Act. (d) Reimbursement.-- (1) In general.--Notwithstanding any other provision of law, and except as provided in paragraph (2), an organization that is granted a waiver under this Act, or that is eligible to be a provider under any applicable title of the Social Security Act as a result of this Act, shall ordinarily be reimbursed on a capitation basis. Any such organization may provide additional services as deemed appropriate by the organization for qualified participants without regard to whether such services are specifically reimbursable through capitation payments. To the extent such services, in terms of type or frequency, are not reimbursable, no payments for such services may be required of participants. (2) Exception.--In the case of an organization receiving an initial waiver under this Act on or after October 1, 1995, the Secretary (at the request of the organization) shall not require the organization to provide services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) on a capitated or other risk basis during the first or second year of the waiver, in order to allow such an organization to progressively assume the financial risk and to acquire experience with such a payment method. (e) Application to On Lok Waivers.--The provisions of this Act also shall apply to an organization operating under the On Lok waiver described in subsection (b)(1)(A). (f) Application of Income and Resources Standards for Certain Institutionalized Spouses.--Section 1924 of the Social Security Act (42 U.S.C. 1396r-5) (relating to the treatment of income and resources for certain institutionalized spouses) shall apply to any individual receiving services from an organization operating-- (1) under a waiver under this Act; or (2) as a provider under title XIX of such Act, after a determination that the organization has successfully completed a trial period under this Act. (g) Promotion of Additional Applications.--The Secretary shall institute an ongoing effort to promote the development of organizations to acquire eligibility, through participation in a trial period under this Act, to become providers under any applicable title of the Social Security Act. (h) Provision of Services to Additional Populations.--Nothing in this Act shall prevent any participating organization from independently developing distinct programs to provide appropriate services to frail populations other than the elderly under any provision of law other than this Act, except where the Secretary finds that the provision of such services impairs the ability of the organization to provide services required for the elderly. (i) Definition of Provider.--The term ``provider'' means a provider of services which-- (1) has filed an agreement with the Secretary under section 1866 of the Social Security Act (42 U.S.C. 1395cc); (2) is eligible to participate in a State plan approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); or (3) is eligible to receive payment for such services under any other applicable title of the Social Security Act. SEC. 3. APPLICATION OF SPOUSAL IMPOVERISHMENT RULES. Section 1924(a)(5) of the Social Security Act (42 U.S.C. 1396r- 5(a)(5)) is amended to read as follows: ``(5) Application to individuals receiving services from certain organizations.--This section applies to individuals receiving institutional or noninstitutional services from any organization-- ``(A) operating under a waiver under-- ``(i) section 603(c) of the Social Security Amendments of 1983 (as in effect on the day before the date of the enactment of the PACE Provider Act of 1995); ``(ii) section 9412(b) of the Omnibus Budget Reconciliation Act of 1986 (as so in effect); or ``(iii) the PACE Provider Act of 1995; or ``(B) which has become a provider under this title after a determination that the organization has successfully completed a trial period under the PACE Provider Act of 1995.''. SEC. 4. REPEALS; EFFECTIVE DATE AND APPLICATION TO EXISTING WAIVERS. (a) Repeals.--Section 603(c) of the Social Security Amendments of 1983, section 9220 of the Consolidated Omnibus Budget Reconciliation Act of 1985, and section 9412(b) of the Omnibus Budget Reconciliation Act of 1986 are repealed. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the provisions of subsection (a) shall be effective on the date of the enactment of this Act. (2) Application to existing waivers.-- (A) In general.--To the extent that any organization is operating on the date of the enactment of this Act under the On Lok waiver (referred to in section 603(c) of the Social Security Amendments of 1983 and extended by section 9220 of the Consolidated Omnibus Budget Reconciliation Act of 1985), or a waiver granted under section 9412(b) of the Omnibus Budget Reconciliation Act of 1986, the provisions of such sections (as in effect before the date of the enactment of this Act) shall continue to apply with respect to such waiver until-- (i) the organization is eligible to be a provider under this Act; (ii) the Secretary issues and implements the regulations referred to in section 2(c)(1); and (iii) the organization has had a reasonable opportunity to apply to be recognized as a provider, such application has been formally considered by the Secretary, and a final determination on the application has been made. (B) Continuation of waiver until effective date.-- The waiver authority of any organization applying for recognition under subparagraph (A) shall continue until-- (i) the date that the Secretary determines that such organization is eligible to be and can actually serve as a provider under this Act; or (ii) if the Secretary determines that the organization is not eligible to be a provider under this Act, the expiration of the waiver. (C) Consideration of periods of operation prior to this act.--In determining whether an organization is eligible to be a provider under subparagraph (A), the Secretary-- (i) in determining whether the organization has successfully completed a trial period under this Act, shall consider any period before the date of the enactment of this Act during which an organization was operating under a waiver described in subparagraph (A); and (ii) shall treat the organization as eligible to be a provider under this Act for periods after the date of the enactment of this Act and before such determination if the organization meets the requirements of the regulations issued under section 2(c)(1) during such periods.

PACE Provider Act of 1995 - Directs the Secretary of Health and Human Services to grant waivers of certain requirements of titles XVIII (Medicare), XIX (Medicaid), or any other applicable title of the Social Security Act to approved community-based organizations meeting specified eligibility requirements with demonstrated capacity, following a special trial period, to provide quality, cost-effective, and comprehensive health care services to at-risk frail elderly patients. Requires the terms and conditions of such a waiver to be substantially equivalent to those: (1) of the On Lok waiver under the Social Security Amendments of 1983, as extended by the Consolidated Omnibus Budget Reconciliation Act of 1985; and (2) under the Protocol for the Program of All-Inclusive Care for the Elderly (PACE), as published by On Lok, Inc. as of April 14, 1995. Applies Medicaid spousal impoverishment rules to individuals receiving services from such organizations under this Act.

PACE Provider Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair and Equitable Postal Service Access Act''. SEC. 2. AMENDMENTS TO POST OFFICE CLOSURE OR CONSOLIDATION PROCEDURES. (a) In General.--Section 404(d) of title 39, United States Code, is amended-- (1) in paragraph (2)(A)(i), by inserting before the semicolon the following: ``, including whether such closing or consolidation will decrease access to postal or nonpostal service offered at such post office in such community with respect to elderly individuals, economically disadvantaged individuals, individuals with limited mobility, or individuals without reliable and affordable access to the Internet''; (2) in paragraph (2)(A)(v), by inserting before the semicolon the following: ``, including, during the previous 5 years: the number of, and revenue derived from, money-order transactions processed by such post office; the volume of international mail processed by such post office; and the number of customers served at such post office''; (3) by striking paragraph (3) and inserting the following: ``(3)(A) Any determination of the Postal Service to close or consolidate a post office shall be in writing and shall include the findings of the Postal Service with respect to the considerations required to be made under paragraph (2). Such determination and findings shall be made available to individuals served by such post office. ``(B) With respect to the closing or consolidation of a post office located in a community where individuals listed in paragraph (2)(A)(i) reside, the analysis required under paragraph (2) shall include an assessment of the effect such closing or consolidation will have on such individuals.''; and (4) by adding at the end the following: ``(7) The Postal Service shall not close or consolidate a post office if such closing or consolidation would result in a disproportionate, unreasonable, or undue burden on a class of individuals listed in paragraph (2)(A)(i). ``(8) For purposes of this subsection-- ``(A) an individual is `economically disadvantaged' if, with respect to the community in which such individual lives, at least 60 percent of the households have children who are eligible for free or reduced price lunches under the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ``(B) the term `elderly', used with respect to an individual, means age 65 or older; ``(C) the term `post office' includes a branch post office and a post office station; ``(D) whether an individual has limited mobility shall be determined by, with respect to the community in which such individual lives-- ``(i) how accessible public transportation is, as measured by the availability of public transportation options in the community; the frequency of service on such options; and the time and distance required to access such options as a pedestrian; and ``(ii) the rate of highway motor vehicle ownership, as measured by, in the most recent American Community Survey published by the Bureau of the Census, the difference between the number of individuals in such community that own or lease a highway motor vehicle and the statewide average of individuals who own or lease such a vehicle; ``(E) in order to determine whether an individual has reliable and affordable access to the Internet, the Postal Service shall use the Internet Use Supplement in the most recent Current Population Survey published by the Bureau of the Census; and ``(F) in order to determine the statistical data required under this subsection with respect to a class of individuals listed in paragraph (2)(A)(i), the Postal Service may use any available data from local or State governments or the Federal Government.''. (b) Effective Date.--The amendments made by this section shall apply with respect to any post office-- (1) that has been determined to be necessary for closing or consolidation under section 404(d) of title 39, United States Code; or (2) that is included in a proposal-- (A) to change the nature of postal services on a nationwide or substantially nationwide basis; and (B) for which the Postal Service has requested an advisory opinion from the Postal Regulatory Commission pursuant to section 3661(b) of such title.

Fair and Equitable Postal Service Access Act - Expands the criteria that the U.S. Postal Service (USPS) must consider in determining whether to close or consolidate a post office to include: (1) whether such closing or consolidation will decrease access to postal or nonpostal services by individuals who are elderly, economically disadvantaged, limited in mobility, or without reliable and affordable Internet access; and (2) during the previous five years, the number of, and revenue derived from, money-order transactions, the volume of processed international mail, and the number of customers served at such post office. Prohibits the USPS from closing or consolidating a post office if it would result in a disproportionate, unreasonable, or undue burden on a class of individuals who are elderly, economically disadvantaged, limited in mobility, or without reliable and affordable Internet access. Applies this Act to any post office: (1) determined necessary for closing or consolidation under existing criteria, or (2) included in a proposal to change the nature of postal services on a nationwide or substantially nationwide basis and for which the USPS has requested a related advisory opinion from the Postal Regulatory Commission.

To amend title 39, United States Code, to provide for additional criteria for the United States Postal Service to consider with respect to closing or consolidating a post office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compassionate Access, Research Expansion, and Respect States Act of 2017'' or the ``CARERS Act of 2017''. SEC. 2. FEDERALISM IN DRUG POLICY. Section 708 of the Controlled Substances Act (21 U.S.C. 903) is amended-- (1) by striking ``No provision'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), no provision''; and (2) by adding at the end the following: ``(b) Compliance With State Law.--Notwithstanding any other provision of law, the provisions of this title relating to marihuana shall not apply to any person acting in compliance with State law, as determined by the State, relating to the production, possession, distribution, dispensation, administration, laboratory testing, recommending use, or delivery of medical marihuana.''. SEC. 3. EXCLUSION OF CANNABIDIOL FROM DEFINITION OF MARIHUANA. Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (16)-- (A) by striking ``or cake, or the sterilized'' and inserting ``cake, the sterilized''; and (B) by adding ``, or cannabidiol'' before the period at the end; and (2) by adding at the end the following: ``(57) The term `cannabidiol' means the substance cannabidiol, as derived from marihuana or the synthetic formulation, that contains not greater than 0.3 percent delta- 9-tetrahydrocannabinol on a dry weight basis.''. SEC. 4. CANNABIDIOL DETERMINATION BY STATES. Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: ``(k) Cannabidiol Determination.--If a person grows or processes marihuana for purposes of making cannabidiol in accordance with State law, the marihuana shall be deemed to meet the concentration limitation under section 102(57), unless the Attorney General determines that the State law is not reasonably calculated to comply with section 102(57).''. SEC. 5. RESEARCH. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall terminate the Public Health Service interdisciplinary review process described in the guidance entitled ``Guidance on Procedures for the Provision of Marijuana for Medical Research'' (issued on May 21, 1999). (b) Licenses for Marijuana Research.--Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Drug Enforcement Administration, shall issue not less than 3 licenses under section 303 of the Controlled Substances Act (21 U.S.C. 823) to manufacture and distribute marijuana and marijuana-derivatives for research approved by the Food and Drug Administration. (c) Marijuana Research.-- (1) In general.--Section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) is amended-- (A) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (B) by striking ``(f) The Attorney General'' and inserting ``(f)(1) The Attorney General''; (C) by striking ``Registration applications'' and inserting the following: ``(2) Registration applications''; (D) in paragraph (2), as so designated, by striking ``schedule I'' each place that term appears and inserting ``schedule I, except marijuana,''; (E) by striking ``Article 7'' and inserting the following: ``(4) Article 7''; and (F) by inserting before paragraph (4), as so designated, the following: ``(3)(A) Not later than 180 days after the date of enactment of this paragraph, the Secretary shall promulgate regulations that require the Secretary to register a practitioner to conduct research on marihuana if-- ``(i) the applicant is authorized to dispense, or conduct research with respect to, controlled substances in schedules II, III, IV, and V under the laws of the State in which the applicant practices; and ``(ii) the applicant's research protocol-- ``(I) has been reviewed and allowed by-- ``(aa) the Secretary under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)); or ``(bb) the National Institutes of Health or another Federal agency that funds scientific research; or ``(II) in the case of nonhuman research that is not federally funded, has been voluntarily submitted by the applicant to, and approved by, the National Institutes of Health. ``(B) The Secretary shall grant an application for registration under this paragraph unless the Secretary determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the Secretary shall consider the following factors: ``(i) The applicant's experience in dispensing, or conducting research with respect to, controlled substances. ``(ii) Compliance with applicable Federal or State laws relating to controlled substances. ``(iii) Conduct by the applicant that may threaten the public health and safety.''. (2) Conforming amendment.--Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended by inserting ``or `marijuana''' after ``The term `marihuana'''. SEC. 6. PROVISION BY DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PROVIDERS OF RECOMMENDATIONS AND OPINIONS REGARDING VETERAN PARTICIPATION IN STATE MARIJUANA PROGRAMS. Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall authorize physicians and other health care providers employed by the Department of Veterans Affairs to-- (1) provide recommendations and opinions to veterans who are residents of States with State marijuana programs regarding the participation of veterans in such State marijuana programs; and (2) complete forms reflecting such recommendations and opinions.

Compassionate Access, Research Expansion, and Respect States Act of 2017 or the CARERS Act of 2017 This bill amends the Controlled Substances Act to provide that the Act's regulatory controls and administrative, civil, and criminal penalties do not apply to a person who produces, possesses, distributes, dispenses, administers, tests, recommends, or delivers medical marijuana in compliance with state law. The bill also: excludes "cannabidiol" (CBD) from the definition of "marijuana"; limits the concentration of delta-9-tetrahydrocannabinol (THC) in CBD to 0.3 percent on a dry weight basis; and deems marijuana grown or processed to make CBD, in accordance with state law, to comply with the THC concentration limit unless the Drug Enforcement Administration (DEA) determines state law to be unreasonable. The bill directs the Department of Health and Human Services (HHS) to terminate the Public Health Service's interdisciplinary review process that is used to evaluate applications for medical marijuana research. The DEA must license manufacturers and distributors of marijuana for medical research; HHS must register practitioners to conduct research; and the Department of Veterans Affairs (VA) must authorize VA health care providers to provide recommendations and opinions to veterans regarding participation in their states' marijuana programs.

Compassionate Access, Research Expansion, and Respect States Act of 2017

That this Act may be referred to as the ``Insular Areas Policy Act''. Sec. 2. Definitions.--For the purposes of this Act: (1) The term ``Secretary'' means the Secretary of the Interior; (2) The term ``insular area'' means the territories of Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands (Palau) until such time as the Trust Territory of the Pacific Islands is terminated; and (3) The term ``Council'' means the Insular Areas Policy Council as established under section 3 of this Act. Sec. 3. Insular Areas Policy Council.--(a) In order to coordinate the actions of the Federal Government with respect to the insular areas under the jurisdiction of the Secretary, there is hereby established an Insular Areas Policy Council. (b) The Council shall be composed of the following Federal officials or their designees: the Secretaries of State, Defense, Commerce, Treasury, Labor, Health and Human Services, Agriculture, Housing and Urban Development, Education, Veterans Affairs, the Administrator of the Small Business Administration, the Administrator of the Environmental Protection Agency, the Director of the Federal Emergency Management Agency, the Attorney General, and the Secretary of the Interior who shall serve as Chairman of the Council. The Chairman may request the participation of any other Federal agency in the work of the Council. (c) The Council shall meet at such time as the Chairman may request, but not less often than twice a year to: (1) Review the activities of the Department of the Interior and other Federal agencies with respect to the insular areas; (2) Identify Federal funding priorities with respect to the insular areas; (3) Review and approve, with any modifications decided upon by the Council, the ``State of the Islands'' report pursuant to section 4 of this bill; (4) Determine the appropriate role of the insular areas in the foreign and domestic policy of the United States and the effects of such policy on those areas; (5) Make such recommendations to the President and the Congress regarding the insular areas as they determine to be appropriate; and (6) Consider any other appropriate matters which Council members may suggest. Sec. 4. Report.--(a) The President shall prepare and transmit a ``State of the Islands'' report (hereinafter in this section referred to as the ``Report'') to the appropriate committees of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate not later than March 1 of each year. (b) Each Federal agency with programs operating in the insular areas under the jurisdiction of the Secretary of the Interior shall report to the Secretary on such activities no later than November 15 of each year. The Secretary of the Interior shall prepare a draft of the Report and submit such draft to the head of government of each of the insular areas for comment. The Secretary shall then submit the Report, with such changes as he deems appropriate, to the Insular Areas Policy Council along with the comments which he has received from the insular area governments for review no later than January 15 of each year. After consideration by the Council, the Report shall be submitted to the President, with any modifications decided upon by the Council, for transmittal to the Congress. (c) For each of the insular areas the Report shall include data summarizing social, economic, and political conditions and trends through the preceding fiscal years; a statement of current policy issues, foreseeable future developments, and recommended short-term and long-term policy objectives. The report shall include, but not be limited to, information for each insular area on: population; immigration and emigration; public health; crime and law enforcement; public infrastructure including utilities, transportation and communications; housing; income; private sector activities and development potential; employment; education and training; the fiscal position of the local government; amounts and uses of Federal direct and indirect assistance including, but not limited to, tax and trade policies; the efficiency of local government; international obligations or undertakings regarding the area; compliance with legislative mandates; a summary of any relevant Federal agency reports or audits; the applicability or inapplicability of Federal statutory and administrative actions and their effect; the effectiveness and delivery of Federal programs; significant differences in the treatment of the area or its residents under any Federal policy or program relative to the treatment of the States or their citizens, including the statutory basis for such treatment, the purposes therefor, and the effects thereof; and such information as is relevant to his responsibilities in the Republic of the Marshall Islands and the Federated States of Micronesia under Public Law 99-239, and the Republic of Palau after termination of the Trust Territory of the Pacific Islands. The Report shall clearly state the policy objectives of the President with regard to each of the insular areas, together with the specific proposals needed to accomplish such policy objectives. Sec. 5. Duties of the Secretary.--The Secretary shall: (a) Provide Federal agencies with such information and advice as may be necessary to structure Federal programs, laws, or regulations affecting any insular area to the political, social, cultural, and economic conditions in such insular area to further the objective of such program, law, or regulation and to prevent or reduce any adverse effect upon such insular area; (b) Inform the local government of any insular area of any Federal action which would significantly affect such insular area; solicit the comments and recommendations of such local government and provide those comments and recommendations together with the Secretary's analysis and advice to the head of the Department or Agency proposing such action; and (c) In consultation with the governments of the insular areas, assist in the development of the priorities for, and the levels of, Federal assistance for the next fiscal year, including recommendations with respect to the allocation of funds among the various agencies with responsibilities in any of the insular areas and on the appropriate level of activity by each such agency in order to achieve Federal policy objectives. Sec. 6. Use of Federal Agencies.--To the maximum extent practicable, the Secretary is authorized to use the personnel and services of other Federal agencies in carrying out his responsibilities with respect to the insular areas. The head of each Federal agency is directed to cooperate with the Secretary and to make such personnel and services available as the Secretary may request. The Secretary shall reimburse other Federal agencies for the cost of the use of personnel and services except for the cost of salary and base benefits, unless such costs are authorized to be provided on a non-reimbursable basis. Sec. 7. Authorization.--There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.

Insular Areas Policy Act - Establishes an Insular Areas Policy Council to coordinate the actions of the Federal Government with respect to the insular areas. Directs the Council to: (1) review the activities of Federal agencies with respect to the insular areas; (2) identify Federal funding priorities with respect to such areas; (3) review the "State of the Islands" report; and (4) determine the appropriate role of such areas in U.S. domestic and foreign policy and the effects of such policies on those areas. Requires the President to transmit a "State of the Islands" report to specified congressional committees that shall include data summarizing social, economic, and political conditions, a statement of current policy issues, foreseeable future developments, and recommended policy objectives for each of the insular areas. Directs the Secretary of the Interior to: (1) provide Federal agencies with assistance necessary to structure Federal programs or laws affecting insular areas to further the objectives of such programs or laws and prevent adverse impacts; (2) inform local governments of such areas of any Federal action which would affect such areas and solicit their comments and recommendations regarding such actions; and (3) assist in the development of priorities for, and levels of, Federal assistance for such areas. Authorizes appropriations.

Insular Areas Policy Act

SECTION 1. FINDINGS. The Congress finds the following: (1) Stewart Lee Udall was born to former Arizona Supreme Court Justice Levi Stewart Udall and Louise Lee Udall on January 31, 1920, in Saint Johns, Arizona. (2) Stewart Lee Udall began serving his country in 1942 when he joined the United States Army Air Corps (predecessor of the United States Air Force) during World War II, serving as an enlisted B-24 waist gunner in Italy. He flew more than 50 missions over Western Europe over 4 years, receiving the Air Medal with 3 Oak Leaf Clusters. (3) After coming home from war, Stewart Lee Udall returned to the University of Arizona where he received a bachelors and law degree and was admitted to the Arizona State Bar. After graduating from law school, he began his own private practice and eventually established the law firm of Udall and Udall with his brother Morris K. Udall. (4) Stewart Lee Udall's first elected office was as a member of the Amphitheater School Board (1951), where he participated in desegregating the Amphitheater School District before the United States Supreme Court ruling in Brown v. Board of Education. (5) Beginning in 1954, Stewart Lee Udall was elected to serve 4 terms as United States Representative from Arizona's second district. (6) Upon the 1960 Presidential election, President Kennedy appointed Stewart Lee Udall as Secretary of the Interior. He maintained this position for 8 years, where his accomplishments under Presidents Kennedy and Johnson made him a hero for the environmental and conservation communities. (7) Among the legislative accomplishments during his cabinet career, Stewart Lee Udall helped guide numerous landmark environmental measures through Congress, including the Wilderness Act of 1964, the Land and Water Conservation Fund Act of 1965, the Endangered Species Preservation Act of 1966, the National Trail System Act of 1968, the Solid Waste Disposal Act of 1965, the Wild and Scenic Rivers Act of 1968, the Clear Air Act, the Water Quality Act of 1965, and the Clean Water Restoration Act of 1966. (8) Stewart Lee Udall was a coauthor of the Economic Opportunity Act of 1964. This legislation created several new social programs that helped promote the health, education, and general welfare of the impoverished. Some of the programs remaining today include Head Start and the Job Corps. (9) As Secretary of the Interior during the Kennedy and Johnson administrations, Stewart Lee Udall expanded the National Park Service by presiding over the acquisition of 3.85 million acres of new holdings, including 4 national parks (Canyonlands in Utah, Redwood in California, North Cascades in Washington State, and Guadalupe Mountains in Texas), 6 national monuments, 9 national recreation areas, 20 historic sites, 50 wildlife refuges, and 8 national seashores. (10) Stewart Lee Udall established the Bureau of Outdoor Recreation to coordinate all Federal outdoor programs. (11) In September 1966, as Secretary of the Interior, Stewart Lee Udall announced the creation of Project EROS, which led the United States to state of the art science and technology that includes Landsat, the longest running enterprise for acquisition of satellite imagery. Project EROS began as a revolutionary program that utilized Earth-orbiting satellites that map the planet to gather data about the Earth's natural resources along with changes in weather and climate. (12) During his tenure as Secretary of the Interior, Stewart Lee Udall also became a champion of the arts, convincing President Kennedy to invite the renowned poet Robert Frost to speak at his inauguration and setting in motion initiatives that led to the creation of the Kennedy Center, Wolf Trap Farm Park, the National Endowments for the Arts and the Humanities, and the revived Ford's Theatre. (13) While Stewart Lee Udall was Secretary of the Interior, he continued to fight against segregation when he threatened to refuse the all-White Washington Redskins access to the new stadium located in Washington, DC, of which he was the Federal landlord. (14) After he left Federal Government service, Stewart Lee Udall continued helping the American people by becoming a crusader for victims of radiation exposure (particularly Native Americans) resulting from the Federal Government's Cold War nuclear programs. He helped to pass the Radiation Exposure Compensation Act in 1990, which was signed by President George Bush. (15) Stewart Lee Udall was a prolific writer, penning countless articles, essays, and op-eds. He also co-authored 9 books, and wrote 9 of his own, including the seminal title in the conservation movement, ``The Quiet Crisis''. (16) Among his many honors, Stewart Lee Udall was a recipient of the Ansel Adams Award, the Wilderness Society's highest conservation award, the Common Cause Public Service Achievement Award for his lifelong protection of the environment and the defense of American citizens who were victims of nuclear weapons testing, and the United Nations Gold Medal for Lifetime Achievement. (17) Until his passing in 2010, Stewart Lee Udall continued his devotion to public service as an author, historian, scholar, lecturer, environmental activist, lawyer, and citizen of the outdoors. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to honor Stewart Lee Udall in recognition of his contributions to the Nation as hero for the environment, a champion for conservation, a civil right activist, a Native American crusader, and an advocate for the arts. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.

Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to honor Stewart Lee Udall, in recognition of his contributions to the nation as hero for the environment, a champion for conservation, a civil rights activist, a Native American crusader, and an advocate for the arts.

To award posthumously a Congressional Gold Medal to Stewart Lee Udall in recognition of his contributions to the Nation as hero for the environment, a champion for conservation, a civil right activist, a Native American crusader, and an advocate for the arts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Child Care for Working Families Act of 2012''. SEC. 2. CHILD CARE FUNDING. (a) In General.--Section 418 of the Social Security Act (42 U.S.C. 618) is amended to read as follows: ``SEC. 418. FUNDING FOR CHILD CARE. ``(a) General Child Care Entitlement.-- ``(1) General entitlement.--Each State shall, for the purpose of providing child care assistance, be entitled to payments under a grant under this subsection for a fiscal year in an amount equal to the greater of-- ``(A) the total amount required to be paid to the State under section 403 for fiscal year 1994 or 1995 (whichever is greater) with respect to expenditures for child care under subsections 402(g) and (i) of section 402 (as in effect before October 1, 1995); or ``(B) the average of the total amounts required to be paid to the State for fiscal years 1992 through 1994 under the subsections referred to in subparagraph (A). ``(2) Remainder.-- ``(A) Grants.--The Secretary shall use any amounts appropriated for a fiscal year under paragraph (3) of this subsection, and remaining after grants are awarded under paragraph (1) of this subsection, to make grants to States (and Indian tribes and tribal organizations with applications approved under section 658O(c) of the Child Care and Development Block Grant Act of 1990) in the amounts necessary to provide guaranteed child care assistance to the populations described in subsection (b)(2) of this section. ``(B) Federal matching of state expenditures exceeding historical expenditures.--The Secretary shall pay to each eligible State for a fiscal year an amount equal to the Federal medical assistance percentage for the State for fiscal year (as defined in section 1905(b), as such section was in effect on September 30, 1995) of so much of the State's expenditures for child care in that fiscal year as exceed the total amount of expenditures by the State (including expenditures from amounts made available from Federal funds) in fiscal year 1994 or 1995 (whichever is greater) for the programs described in paragraph (1)(A) of this subsection. ``(3) Appropriation.--For grants under this section, there are appropriated to the Secretary such sums as are necessary to carry out this section for each fiscal year. ``(4) Data used to determine state and federal shares of expenditures.--In making the determinations concerning expenditures required under paragraphs (1) and (2)(B), the Secretary shall use information that was reported by the State on ACF Form 231 and available as of the applicable dates specified in clauses (i)(I), (ii), and (iii)(III) of section 403(a)(1)(D). ``(b) Use of Funds.-- ``(1) In general.--Amounts received by a State, Indian tribe, or tribal organization under this section shall be-- ``(A) used only to provide child care assistance; and ``(B) available for use without fiscal year limitation. ``(2) Child care to be guaranteed for certain populations.--As a condition of receiving funds under this section, a State (or Indian tribe or tribal organization with an application approved under section 658O(c) of the Child Care and Development Block Grant Act of 1990) shall guarantee child care assistance for a family with a dependent child requiring such care, if-- ``(A) the total income of the family does not exceed 200 percent of the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved); and ``(B) the child care assistance will enable an individual in the family (including an individual receiving assistance under the State program funded under this part) to accept employment, remain employed, or participate in an education or training activity. ``(c) Application of Child Care and Development Block Grant Act of 1990.--Notwithstanding any other provision of law, amounts provided to a State under this section shall be transferred to the lead agency under the Child Care and Development Block Grant Act of 1990, integrated by the State into the programs established by the State under such Act, and be subject to the requirements and limitations of such Act. ``(d) Regulations.--The Secretary shall promulgate regulations to implement this section.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the 1st day of the 1st fiscal year that begins after the 12-month period that begins with the date of the enactment of this Act.

Ensuring Child Care for Working Families Act of 2012 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to revise funding requirements for child care assistance to: (1) guarantee child care assistance for a family with a dependent child requiring such care, if the total income of the family does not exceed 200% of the poverty line and the child care assistance will enable an individual in the family to accept employment, remain employed, or participate in an education or training activity; and (2) include Indian tribes and tribal organizations as entities eligible for state grants in amounts equal to those granted to states.

To provide guaranteed child care assistance for low-income families.

SECTION 1. PHASE-IN OF FULL ESTATE TAX DEDUCTION FOR FAMILY-OWNED BUSINESS INTERESTS. (a) Phase-In.-- (1) In general.--Paragraph (2) of section 2057(a) of the Internal Revenue Code of 1986 (relating to family-owned business interests) is amended to read as follows: ``(2) Maximum deduction.-- ``(A) In general.--The deduction allowed by this section shall not exceed the sum of-- ``(i) the applicable deduction amount, plus ``(ii) in the case of a decedent described in subparagraph (C), the applicable unused spousal deduction amount. ``(B) Applicable deduction amount.--For purposes of subparagraph (A)(i), the applicable deduction amount is determined in accordance with the following table: ``In the case of estates of The applicable deduction amount decedents dying after-- is-- December 31, 2000............................. $2,375,000 December 31, 2001............................. $4,375,000 December 31, 2002............................. $6,375,000 December 31, 2003............................. $8,375,000 December 31, 2004............................. $9,375,000. ``(C) Applicable unused spousal deduction amount.-- With respect to a decedent whose immediately predeceased spouse died after December 31, 2000, and the estate of such immediately predeceased spouse met the requirements of subsection (b)(1), the applicable unused spousal deduction amount for such decedent is equal to the excess of-- ``(i) the applicable deduction amount allowable under this section to the estate of such immediately predeceased spouse, over ``(ii) the sum of-- ``(I) the applicable deduction amount allowed under this section to the estate of such immediately predeceased spouse, plus ``(II) the amount of any increase in such estate's unified credit under paragraph (3)(B) which was allowed to such estate.''. (2) Conforming amendments.--Section 2057(a)(3)(B) of such Code (relating to coordination with unified credit) is amended-- (A) by striking ``$675,000'' both places it appears and inserting ``the applicable deduction amount'', and (B) by striking ``$675,000'' in the heading and inserting ``applicable deduction amount''. (3) Effective date.--The amendments made by this subsection shall apply to estates of decedents dying after December 31, 2000. (b) Removal of Dollar Limitation.-- (1) In general.--Section 2057(a) of the Internal Revenue Code of 1986 (relating to deduction for family-owned business interests), as amended by subsection (a), is amended-- (A) by striking paragraphs (2), (3), and (4), and (B) by striking ``General Rule.--'' and all that follows through ``For purposes'' and inserting ``Allowance of Deduction.--For purposes''. (2) Effective date.--The amendments made by this subsection shall apply to estates of decedents dying after December 31, 2005. SEC. 2. INCREASE IN AMOUNT OF UNIFIED CREDIT AGAINST ESTATE AND GIFT TAXES. (a) In General.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended to read as follows: ``(c) Applicable Credit Amount.--For purposes of this section-- ``(1) In general.--The applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were equal to the sum of-- ``(A) the applicable exclusion amount, plus ``(B) in the case of a decedent described in paragraph (3), the applicable unused spousal exclusion amount. ``(2) Applicable exclusion amount.--For purposes of paragraph (1)(A), the applicable exclusion amount is determined in accordance with the following table: ``In the case of estates of decedents The applicable dying, and gifts made, during: exclusion amount is: 2001 and 2002...................... $1,000,000 2003 and 2004...................... $1,125,000 2005............................... $1,500,000 2006 or thereafter................. $2,000,000. ``(3) Applicable unused spousal exclusion amount.--With respect to a decedent whose immediately predeceased spouse died after December 31, 2000, the applicable unused spousal exclusion amount for such decedent is equal to the excess of-- ``(A) the applicable exclusion amount allowable under this section to the estate of such immediately predeceased spouse, over ``(B) the applicable exclusion amount allowed under this section to the estate of such immediately predeceased spouse.''. (b) Effective Date.--The amendment made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 2000.

Amends the Internal Revenue Code to phase-in an increase in the maximum deduction allowed for purposes of the family-owned business estate rule to $9.375 million beginning January 1, 2005. Phases-in an increase in the unified credit against estate and gift taxes to $2 million by 2006.

A bill to amend the Internal Revenue Code of 1986 to phase in a full estate tax deduction for family-owned business interests and to increase the unified credit exemption.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biofuels Security Tax Act of 2006''. SEC. 2. TAX CREDIT FOR FLEXIBLE FUEL VEHICLES. (a) In General.--Section 30B(e) of the Internal Revenue Code of 1986 (relating to new qualified alternative fuel motor vehicle credit) is amended by adding at the end the following new paragraph: ``(6) Credit for flexible fuel vehicles.-- ``(A) In general.--In the case of a flexible fuel vehicle placed in service by the taxpayer during the taxable year, the credit determined under this subsection is an amount equal to the credit which would have been allowed under this subsection if such vehicle was a qualified alternative fuel motor vehicle. ``(B) Flexible fuel vehicle.--For purposes of this subsection, the term `flexible fuel vehicle' means any motor vehicle-- ``(i) which is capable of operating on both gasoline and a blend of 85 percent ethanol fuel (E-85) and 15 percent gasoline, ``(ii) which is certified by the manufacturer as having a fuel economy rating when running on E-85 that is substantially the same or better than a fuel economy rating when running on gasoline only, ``(iii) the original use of which commences with the taxpayer, ``(iv) which is acquired by the taxpayer for use or lease, but not for resale, and ``(v) which is made by a manufacturer.''. (b) Period of Credit.--Paragraph (4) of section 30B(j) of the Internal Revenue Code of 1986 (relating to termination) is amended to read as follows: ``(4) in the case of a new qualified alternative fuel vehicle-- ``(A) as described in paragraph (4) or (5) of subsection (e), December 31, 2010, and ``(B) as described in paragraph (6) of subsection (e), December 31, 2016.''. (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. SEC. 3. MODIFICATION OF ALTERNATIVE FUEL REFUELING PROPERTY CREDIT. (a) Extension.--Section 30C(g) of the Internal Revenue Code of 1986 is amended by striking ``2009'' and inserting ``2016''. (b) Expansion.-- (1) Rate.--Section 30C(a) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``30 percent'' and inserting ``50 percent'', and (B) by adding at the end the following new sentence: ``In the case of any taxpayer which places in service not more than 5 qualified alternative fuel vehicle refueling properties determined by taking into account any such property placed in service in all preceding taxable years, the preceding sentence shall be applied with respect to any such property placed in service in the taxable year by substituting `75 percent' for `50 percent'.'' (2) Dollar limit for small retailers.--Section 30C(b) of such Code is amended by adding at the end the following new flush sentence: ``In the case of any taxpayer which places in service not more than 5 qualified alternative fuel vehicle refueling properties determined by taking into account any such property placed in service in all preceding taxable years, paragraph (1) shall be applied with respect to any such property placed in service in the taxable year by substituting `$45,000' for `$30,000'.''. (c) Elimination of Credit for Major Oil Companies.--Section 30C(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Nonapplication of credit to major oil companies.-- ``(A) In general.--This section shall not apply to any property placed in service by a major oil company. ``(B) Major oil company.--The term `major oil company' means any person that, individually or together with any other person with respect to which the person has an affiliate relationship or significant ownership interest, has not less than 4,500 retail station outlets according to the publication of the Petroleum News Annual Factbook in effect on such date of placement.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Biofuels Security Tax Act of 2006 - Amends the Internal Revenue Code to allow until 2017 a tax credit for flexible fuel vehicles. Defines "flexible fuel vehicle" as a motor vehicle which can operate on both gasoline and a blend of 85% ethanol and which is certified as having the same or better fuel economy rating when operating on 85% ethanol or on gasoline only. Extends until 2017 the tax credit for alternative fuel vehicle refueling property (service stations for dispensing alternative motor fuels to retail consumers). Increases the rate of such credit to 50% for all taxpayers and to 75% for taxpayers who place in service not more than five such refueling properties. Denies such credit to major oil companies (companies having at least 4,500 retail service stations).

A bill to amend the Internal Revenue Code of 1986 to provide an income tax credit for the manufacture of flexible fuel motor vehicles and to extend and increase the income tax credit for alternative fuel refueling property, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``First-Time Homebuyer Tax Credit Act of 1997''. SEC. 2. CREDIT FOR FIRST-TIME HOMEBUYERS. (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 inserting after section 23 the following new section: ``SEC. 24. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.--If an individual who is a first-time homebuyer purchases a principal residence (within the meaning of section 1034), there shall be allowed to such individual as a credit against the tax imposed by this chapter an amount equal to 10 percent of the purchase price of the principal residence. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed $5,000. ``(2) Limitation to one residence.--The credit under this section shall be allowed with respect to only one residence of the taxpayer. ``(3) Married individuals filing jointly.--In the case of a husband and wife who file a joint return, the credit under this section is allowable only if both the husband and wife are first-time homebuyers, and the amount specified under paragraph (1) shall apply to the joint return. ``(4) Other taxpayers.--In the case of individuals to whom paragraph (3) does not apply who together purchase the same new principal residence for use as their principal residence, the credit under this section is allowable only if each of the individuals is a first-time homebuyer, and the sum of the amount of credit allowed to such individuals shall not exceed the lesser of $5,000 or 10 percent of the total purchase price of the residence. The amount of any credit allowable under this section shall be apportioned among such individuals under regulations to be prescribed by the Secretary. ``(5) Carryforward of unused credits.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and section 23), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the residence is purchased. For purposes of the preceding sentence, credits shall be treated as used on a first-in first- out basis. ``(6) Year for which credit allowed.--Fifty percent of the credit allowed by subsection (a) shall be allowed in the taxable year in which the residence is purchased and the remaining fifty percent of the credit shall be allowed in the succeeding taxable year. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date of the acquisition thereof. ``(2) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' means any individual if such individual has not had a present ownership interest in any residence (including an interest in a housing cooperative) at any time within the 36-month period ending on the date of acquisition of the residence on which the credit allowed under subsection (a) is to be claimed. An interest in a partnership, S corporation, or trust that owns an interest in a residence is not considered an interest in a residence for purposes of this paragraph except as may be provided in regulations. ``(B) Certain individuals.--Notwithstanding subparagraph (A), an individual is not a first-time homebuyer on the date of purchase of a residence if on that date the running of any period of time specified in section 1034 is suspended under subsection (h) or (k) of section 1034 with respect to that individual. ``(3) Special rules for certain acquisitions.--No credit is allowable under this section if-- ``(A) the residence is acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b), or ``(B) the basis of the residence in the hands of the person acquiring it is determined-- ``(i) in whole or in part by reference to the adjusted basis of such residence in the hands of the person from whom it is acquired, or ``(ii) under section 1014(a) (relating to property acquired from a decedent). ``(d) Recapture for Certain Dispositions.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), if the taxpayer disposes of property with respect to the purchase of which a credit was allowed under subsection (a) at any time within 36 months after the date the taxpayer acquired the property as his principal residence, then the tax imposed under this chapter for the taxable year in which the disposition occurs is increased by an amount equal to the amount allowed as a credit for the purchase of such property. ``(2) Acquisition of new residence.--If, in connection with a disposition described in paragraph (1) and within the applicable period prescribed in section 1034, the taxpayer purchases a new principal residence, then the provisions of paragraph (1) shall not apply and the tax imposed by this chapter for the taxable year in which the new principal residence is purchased is increased to the extent the amount of the credit that could be claimed under this section on the purchase of the new residence (determined without regard to subsection (e)) is less than the amount of credit claimed by the taxpayer under this section. ``(3) Death of owner; casualty loss; involuntary conversion; etc.--The provisions of paragraph (1) do not apply to-- ``(A) a disposition of a residence made on account of the death of any individual having a legal or equitable interest therein occurring during the 36- month period to which reference is made under paragraph (1), ``(B) a disposition of the old residence if it is substantially or completely destroyed by a casualty described in section 165(c)(3) or compulsorily or involuntarily converted (within the meaning of section 1033(a)), or ``(C) a disposition pursuant to a settlement in a divorce or legal separation proceeding where the residence is sold or the other spouse retains the residence as a principal residence. ``(e) Property to Which Section Applies.-- ``(1) In general.--The provisions of this section apply to a principal residence if-- ``(A) the taxpayer acquires the residence on or after January 1, 1997, and before January 1, 1998, or ``(B) the taxpayer enters into, on or after January 1, 1997, and before January 1, 1998, a binding contract to acquire the residence, and acquires and occupies the residence before July 1, 1998.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Purchase of principal residence by first-time homebuyer.'' (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1997.

First-Time Homebuyer Tax Credit Act of 1997 - Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $5,000. Requires married individuals filing jointly to both be first-time homebuyers. Allows the use of 50 percent of the credit in the first taxable year in which the residence is purchased and the remaining 50 percent in the succeeding taxable year. Makes this credit applicable to residences acquired after January 1, 1997, and before January 1, 1998, or for which a binding contract is entered into during such period.

First-Time Homebuyer Tax Credit Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Historic Preservation Act Amendments of 2006''. SEC. 2. HISTORIC PRESERVATION OFFICER RESPONSIBILITIES. Section 101(b) of the National Historic Preservation Act (16 U.S.C. 470a(b)) is amended by adding at the end the following: ``(7) The State Historic Preservation Officer shall have no authority to require an applicant for Federal assistance, permit, or license to identify historic properties outside the undertaking's area of potential effects as determined by the Federal agency in accordance with the regulations implementing section 106. ``(8) If the State Historic Preservation Officer, Tribal representative, or Tribal Historic Preservation Officer fails to respond within 30 days after an adequately documented finding of `no historic properties affected' or `no adverse effect' as provided in the regulations implementing section 106, the Federal agency may assume that the State Historic Preservation Officer or Tribal Historic Preservation Officer has no objection to the finding.''. SEC. 3. ADDITIONAL CRITERIA FOR CERTIFICATION OF LOCAL GOVERNMENTS TO CARRY OUT NATIONAL HISTORIC PRESERVATION ACT. Section 101(c)(1) of the National Historic Preservation Act (16 U.S.C. 470a(c)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by redesignating subparagraph (E) as subparagraph (F); (3) by inserting after subparagraph (D) the following new subparagraph: ``(E) agrees that it shall not use any eligibility determination regarding the inclusion of any property or District on the National Register to initiate local regulatory requirements unless the entity provides full due process protection to the owner or owners of the property or District through a hearing process; and''; and (4) in the matter below the subparagraphs, by striking ``through (E)'' and inserting ``through (F)''. SEC. 4. HISTORIC PRESERVATION FUND. Section 108 of the National Historic Preservation Act (16 U.S.C. 470h) is amended by striking ``2005'' and inserting ``2015''. SEC. 5. ADVISORY COUNCIL ON HISTORIC PRESERVATION. (a) Membership.--Section 201 of the national historic preservation act (16 U.S.C. 470i) is amended-- (1) in subsection (a)(4), by striking ``four'' and inserting ``seven''; (2) in subsection (b), by striking ``(5) and (6)'' and inserting ``paragraph (6)''; and (3) in subsection (f), by striking ``Nine'' and inserting ``Eleven''. (b) Financial and Administrative Services.--Section 205(f) of such Act (16 U.S.C. 470m(f)) is amended to read as follows: ``(f) Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel and procurement) shall be provided the Council by the Department of the Interior or, at the discretion of the Council, such other agency or private entity that reaches an agreement with the Council, for which payments shall be made in advance or by reimbursement from funds of the Council in such amounts as may be agreed upon by the Chairman of the Council and the head of the agency or, in the case of a private entity, the authorized representative of the private entity that will provide the services. When a Federal agency affords such services, the regulations of that agency for the collection of indebtedness of personnel resulting from erroneous payments, prescribed under section 5514(b) of title 5, United States Code, shall apply to the collection of erroneous payments made to or on behalf of a Council employee, and regulations of that agency for the administrative control of funds under sections 1513(d) and 1514 of title 31, United States Code, shall apply to appropriations of the Council. The Council shall not be required to prescribe such regulations.''. (c) Authorization of Appropriations.--Section 212(a) of the Act (16 U.S.C. 470t(a)) is amended by striking ``for purposes of this title not to exceed $4,000,000 for each fiscal year 1997 through 2005'' and inserting ``such amounts as may be necessary to carry out this title''. SEC. 6. EFFECTIVENESS OF FEDERAL GRANT AND ASSISTANCE PROGRAMS IN MEETING PURPOSES AND POLICIES OF THE NATIONAL HISTORIC PRESERVATION ACT. The National Historic Preservation Act is amended by inserting after section 215 (16 U.S.C. 470v-1) the following new section: ``SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND ASSISTANCE PROGRAMS. ``(a) Cooperative Agreements.--The Council may enter into a cooperative agreement with any Federal agency that administers a grant or assistance program for the purpose of improving the effectiveness of the administration of such program in meeting the purposes and policies of this Act. Such cooperative agreements may include provisions that modify the selection criteria for a grant or assistance program to further the purposes of this Act or that allow the Council to participate in the selection of recipients, if such provisions are not inconsistent with the statutory authorization and purpose of the grant or assistance program. ``(b) Review of Grant and Assistance Programs.--The council may-- ``(1) review the operation of any Federal grant or assistance program to evaluate the effectiveness of such program in meeting the purposes and policies of this Act; ``(2) make recommendations to the head of the Federal agency that administers such program to further the consistency of the program with the purposes and policies of this Act and to improve its effectiveness in carrying out those purposes and policies; and ``(3) make recommendations to the President and the Congress regarding the effectiveness of Federal grant and assistance programs in meeting the purposes and policies of this Act, including recommendations with regard to appropriate funding levels.''. Passed the House of Representatives September 25, 2006. Attest: KAREN L. HAAS, Clerk.

National Historic Preservation Act Amendments of 2006 - Amends the National Historic Preservation Act (NHPA) to prohibit a State Historic Preservation Officer from having any authority to require an applicant for federal assistance, permit, or license to identify historic properties outside the undertaking's area of potential effects. Declares that, if the State Historic Preservation Officer, Tribal representative, or Tribal Historic Preservation Officer fails to respond within 30 days after an adequately documented finding of either "no historic properties affected" or "no adverse effect," the federal agency may assume that the State Historic Preservation Officer or Tribal Historic Preservation Officer has no objection to the finding. Specifies additional criteria for certification of local governments to implement the NHPA. Extends through FY2015 the period of funding for the Historic Preservation Fund. Expands: (1) from five to eight the number of federal agencies on the Advisory Council on Historic Preservation (Council); and (2) from nine to eleven the number of Council members constituting a quorum. Permits the Governor serving on the Council to designate a substitute to serve in such Governor's capacity on the Council. Grants the Council discretion to reach an agreement with any federal agency other than the Department of the Interior, or with a private entity, to provide the Council with financial and administrative services. Authorizes the Council to enter into cooperative agreements with any federal agency that administers a grant or assistance program for the purpose of improving the effectiveness of program administration. Permits such cooperative agreements to: (1) modify the selection criteria for a grant or assistance program to further NHPA purposes; or (2) allow the Council to participate in the selection of recipients. Authorizes the Council to: (1) review the operation of any federal grant or assistance program to evaluate its effectiveness in meeting NHPA purposes and policies; (2) make recommendations to the head of the federal agency that administers such program to further the consistency of the program with NHPA purposes and policies and to improve its effectiveness in carrying out such purposes and policies; and (3) make recommendations to the President and Congress regarding the effectiveness of federal grant and assistance programs in meeting those purposes and policies, including recommendations with regard to appropriate funding levels.

To amend the National Historic Preservation Act, and for other purposes.

SECTION 1. FORMULA FOR DETERMINING OFFICIAL MAIL ALLOWANCE. Section 311(e)(2)(B)(i) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is amended by striking ``3'' and inserting ``1.5''. SEC. 2. TRANSFER OF CERTAIN FUNDS PROHIBITED. Section 101(c)(2) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(c)(2)) is amended by striking `` ``official mail costs'',''. SEC. 3. EXPANSION OF RULE. Paragraph (6) of section 3210(a) of title 39, United States Code, is amended to read as follows: ``(6)(A) It is the intent of Congress-- ``(i) that a Member of, or Member-elect to, Congress may not send any unsolicited franked mail postmarked fewer than 60 days immediately before the date of any primary election or general election (whether regular, special, or runoff) in which the Member is a candidate for reelection; and ``(ii) that a Member of, or Member-elect to, the House of Representatives who is a candidate for any other public office may not send-- ``(I) any unsolicited franked mail for delivery within any portion of the jurisdiction of or the area covered by the public office which is outside the area constituting the congressional district from which the Member or Member-elect was elected; or ``(II) any unsolicited franked mail postmarked fewer than 60 days immediately before the date of any primary election or general election (whether regular, special, or runoff) in which the Member or Member-elect is a candidate for such office. ``(B) No Senator may send any unsolicited franked mail postmarked fewer than 60 days immediately before the date of any primary election or general election (whether regular, special, or runoff) for any national, State or local office in which such Senator is a candidate for election. ``(C) For purposes of subparagraphs (A) and (B), if mail matter is of a type which is not customarily postmarked, the date on which such matter would have been postmarked if it were of a type customarily postmarked shall apply. ``(D) The Select Committee on Ethics of the Senate and the House Commission on Congressional Mailing Standards shall prescribe for their respective Houses rules and regulations, and shall take such other action as the Committee or the Commission considers necessary and proper for Members of, and Members-elect to, Congress to comply with the provisions of this paragraph. The rules and regulations shall include provisions prescribing the time within which mailings shall be mailed at or delivered to any postal facility and the time when the mailings shall be deemed to have been mailed or delivered to comply with the provisions of this paragraph. ``(E) As used in this section, the term `mass mailing' means, with respect to a session of Congress, any mailing of newsletters or other pieces of mail with substantially identical content (whether such mail is deposited singly or in bulk, or at the same time or different times), totaling more than 500 pieces in that session, except that such term does not include any mailing-- ``(i) of matter in direct response to a communication from a person to whom the matter is mailed; ``(ii) from a Member of Congress to other Members of Congress, or to Federal, State, or local government officials; or ``(iii) of a news release to the communications media. ``(F) Subparagraphs (A) through (D) shall not apply with respect to any mailing which would satisfy clause (i), (ii), or (iii) of subparagraph (E) (determined without consideration as to the number of pieces in such mailing), except that for purposes of this subparagraph, subparagraph (E)(i) shall not be considered satisfied if the mailing is postmarked later than 60 days after the communication (or latest communication) to which it responds.''. SEC. 4. VOTER REGISTRATION INFORMATION. Subparagraph (H) of section 3210(a)(3) of title 39, United States Code, is repealed. SEC. 5. RETURN OF EXCESS AMOUNTS FROM OFFICIAL ALLOWANCES OF MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE TREASURY FOR DEFICIT REDUCTION. (a) In General.--Notwithstanding any other law, or any rule or other authority, any amount remaining in an official allowance of a Member of the House of Representatives at the end of the session of Congress or other period for which the allowance is made available shall be returned to the Treasury, to be used for deficit reduction. (b) Definitions.--As used in this section-- (1) the term ``Member of the House of Representatives'' means a Representative in, or a Delegate or Resident Commissioner to, the Congress; and (2) the term ``official allowance'' means, with respect to a Member of the House of Representatives, the Official Mail Allowance. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect as of the beginning of the first Congress beginning after the date of the enactment of this Act.

Amends the Legislative Branch Appropriations Act, 1991 to revise the formula for the official mail allowance (thus, reducing the amount allowed) for Members of the House of Representatives. Prohibits the transfer of funds appropriated for official mail costs of the House. Prohibits any: (1) Member of Congress from sending any unsolicited franked mail (currently, franked mass mailings) postmarked fewer than 60 days immediately before any primary or general election in which such Member is a candidate; and (2) Representative who is a candidate for any other public office from sending unsolicited franked mail outside his or her congressional district. Repeals Federal law that makes frankable mail matter which consists of voter registration, election information, or assistance prepared and mailed in a nonpartisan manner. Requires any amount remaining in an official allowance of a Member of the House of Representatives at the end of the session of the Congress or other period for which the allowance is made available to be returned to the Treasury for deficit reduction.

To amend the formula for determining the Official Mail Allowance for Members of the House of Representatives; to amend the provisions of title 39, United States Code, relating to the franking privilege for Members of Congress and provide that the provisions of law preventing Members from sending mass mailings within the 60-day period immediately before an election be expanded so as to prevent Members from mailing any unsolicited franked mail within that period, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrants to New Americans Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1997, there were an estimated 25,800,000 foreign- born individuals residing in the United States. That number is the largest number of such foreign-born individuals in United States history and represents a 6,000,000, or 30 percent, increase over the 1990 census figure of 19,800,000 of such foreign-born individuals. The Bureau of the Census estimates that the recently arrived immigrant population (including the refugee population) currently residing in the Nation will account for 75 percent of the population growth in the United States over the next 50 years. (2) For millions of immigrants settling into the Nation's hamlets, towns, and cities, the dream of ``life, liberty, and the pursuit of happiness'' has become a reality. The wave of immigrants, of various nationalities, who have chosen the United States as their home, has positively influenced the Nation's image and relationship with other nations. The diverse cultural heritage of the Nation's immigrants has helped define the Nation's culture, customs, economy, and communities. By better understanding the people who have immigrated to the Nation, individuals in the United States better understand what it means to be an American. (3) There is a critical shortage of teachers with the skills needed to educate immigrant students and their families in nonconcentrated, nontraditional, immigrant communities as well as communities with large immigrant populations. The large influx of immigrant families over the last decade presents a national dilemma: The number of such families with school-age children requiring assistance to successfully participate in elementary schools, secondary schools, and communities in the United States, is increasing without a corresponding increase in the number of teachers with skills to accommodate their needs. (4) Immigrants arriving in communities across the Nation generally settle into high-poverty areas, where funding for programs to provide immigrant students and their families with the services the students and families need to successfully participate in elementary schools, secondary schools, and communities in the United States is inadequate. (5) The influx of immigrant families settling into many United States communities is often the result of concerted efforts by local employers who value immigrant labor. Those employers realize that helping immigrants to become productive, prosperous members of a community is beneficial for the local businesses involved, the immigrants, and the community. Further, local businesses benefit from the presence of the immigrant families because the families present businesses with a committed and effective workforce and help open up new market opportunities. However, many of the communities into which the immigrants have settled need assistance in order to give immigrant students and their families the services the students and families need to successfully participate in elementary schools, secondary schools, and communities in the United States. SEC. 3. PURPOSE. The purpose of this Act is to establish a grant program, within the Department of Education, that provides funding to partnerships of local educational agencies and community-based organizations for the development of model programs to provide immigrant students and their families with the services the students and families need to successfully participate in elementary schools, secondary schools, and communities in the United States. SEC. 4. DEFINITIONS. (1) Immigrant.--In this Act, the term ``immigrant'' has the meaning given the term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Other terms.--Other terms used in this Act have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 5. PROGRAM AUTHORIZED. (a) In General.--The Secretary of Education may award not more than 10 grants in a fiscal year to eligible partnerships for the design and implementation of model programs to-- (1) assist immigrant students achieve in elementary schools and secondary schools in the United States by offering such educational services as English as a second language classes, literacy programs, programs for introduction to the education system, and civics education; and (2) assist parents of immigrant students by offering such services as parent education and literacy development services and by coordinating activities with other entities to provide comprehensive community social services such as health care, job training, child care, and transportation services. (b) Eligible Partnerships.--To be eligible to receive a grant under this Act, a partnership-- (1) shall include-- (A) at least 1 local educational agency; and (B) at least 1 community-based organization; and (2) may include another entity such as-- (A) an institution of higher education; (B) a local or State government agency; (C) a private sector entity; or (D) another entity with expertise in working with immigrants. (c) Duration.--Each grant awarded under this Act shall be awarded for a period of not more than 5 years. A partnership may use funds made available through the grant for not more than 1 year for planning and program design. SEC. 6. APPLICATIONS FOR GRANTS. (a) In General.--Each eligible partnership desiring a grant under this Act shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (b) Required Documentation.--Each application submitted by a partnership under this section for a proposed program shall include documentation that-- (1) the partnership has the qualified personnel required to develop, administer, and implement the proposed program; and (2) the leadership of each participating school has been involved in the development and planning of the program in the school. (c) Other Application Contents.--Each application submitted by a partnership under this section for a proposed program shall include-- (1) a list of the organizations entering into the partnership; (2) a description of the need for the proposed program, including data on the number of immigrant students, and the number of such students with limited English proficiency in the schools or school districts to be served through the program and the characteristics of the students described in this paragraph, including-- (A) the native languages of the students to be served; (B) the proficiency of the students in English and the students' native languages; (C) achievement data for the students in-- (i) reading or language arts (in English and in the students' native languages, if applicable); and (ii) mathematics; and (D) the previous schooling experiences of the students; (3) a description of the goals of the program; (4) a description of how the funds made available through the grant will be used to supplement the basic services provided to the immigrant students to be served; (5) a description of activities that will be pursued by the partnership through the program, including a description of-- (A) how parents, students, and other members of the community, including members of private organizations and nonprofit organizations, will be involved in the design and implementation of the program; (B) how the activities will further the academic achievement of immigrant students served through the program; (C) methods of teacher training and parent education that will be used or developed through the program, including the dissemination of information to immigrant parents, that is easily understandable in the language of the parents, about educational programs and the rights of the parents to participate in educational decisions involving their children; and (D) methods of coordinating comprehensive community social services to assist immigrant families; (6) a description of how the partnership will evaluate the progress of the partnership in achieving the goals of the program; (7) a description of how the local educational agency will disseminate information on model programs, materials, and other information developed under this Act that the local educational agency determines to be appropriate for use by other local educational agencies in establishing similar programs to facilitate the educational achievement of immigrant students; (8) an assurance that the partnership will annually provide to the Secretary such information as may be required to determine the effectiveness of the program; and (9) any other information that the Secretary may require. SEC. 7. SELECTION OF GRANTEES. (a) Criteria.--The Secretary, through a peer review process, shall select partnerships to receive grants under this Act on the basis of the quality of the programs proposed in the applications submitted under section 6, taking into consideration such factors as-- (1) the extent to which the program proposed in such an application effectively addresses differences in language, culture, and customs; (2) the quality of the activities proposed by a partnership; (3) the extent of parental, student, and community involvement; (4) the extent to which the partnership will ensure the coordination of comprehensive community social services with the program; (5) the quality of the plan for measuring and assessing success; and (6) the likelihood that the goals of the program will be achieved. (b) Geographic Distribution of Programs.--The Secretary shall approve applications under this Act in a manner that ensures, to the extent practicable, that programs assisted under this Act serve different areas of the Nation, including urban, suburban, and rural areas, with special attention to areas that are experiencing an influx of immigrant groups (including refugee groups), and that have limited prior experience in serving the immigrant community. SEC. 8. EVALUATION AND PROGRAM DEVELOPMENT. (a) Requirement.--Each partnership receiving a grant under this Act shall-- (1) conduct a comprehensive evaluation of the program assisted under this Act, including an evaluation of the impact of the program on students, teachers, administrators, parents, and others; and (2) prepare and submit to the Secretary a report containing the results of the evaluation. (b) Evaluation Report Components.--Each evaluation report submitted under this section for a program shall include-- (1) data on the partnership's progress in achieving the goals of the program; (2) data showing the extent to which all students served by the program are meeting the State's student performance standards, including-- (A) data comparing the students served under this Act with other students, with regard to grade retention and academic achievement in reading and language arts, in English and in the native languages of the students if the program develops native language proficiency, and in mathematics; and (B) a description of how the activities carried out through the program are coordinated and integrated with the overall school program of the school in which the program described in this Act is carried out, and with other Federal, State, or local programs serving limited English proficient students; (3) data showing the extent to which families served by the program have been afforded access to comprehensive community social services; and (4) such other information as the Secretary may require. SEC. 9. ADMINISTRATIVE FUNDS. A partnership that receives a grant under this Act may use not more than 5 percent of the grant funds received under this Act for administrative purposes. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $10,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 4 succeeding fiscal years.

Immigrants to New Americans Act - Authorizes the Secretary of Education to award up to ten grants per fiscal year to local education agency and community organization based partnerships to implement model educational programs to assist immigrant students and their parents.

A bill to ensure that immigrant students and their families receive the services the students and families need to successfully participate in elementary schools, secondary schools, and communities in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Free Internet Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) A single, open, global Internet is a vital tool for facilitating the free and secure flow of information and products without regard to distances or national boundaries. (2) The goal of a single, open, global Internet is best supported by policies that-- (A) encourage utilization on a global basis of technology standards set by international standards- setting organizations, including industry-led and other voluntary bodies, and selected by the market; (B) respect the security of information and privacy of Internet users; (C) promote investment in Internet-related innovation; (D) refrain from compelling Internet service providers and other intermediaries to restrict the free flow of information on the Internet; and (E) allow trade in Internet-related goods, services, information, and content. (3) Certain governments and international bodies are adopting or considering policies contrary to the goal of a free, open Internet, including-- (A) mandating unique technology standards favoring domestic producers as a condition of market access or pursuing related policies regarding standard-setting that are discriminatory and subvert the open, global nature of the Internet; (B) sponsoring or tolerating the use of Internet- related tools to gain unauthorized access to public- sector and private-sector networks in the United States to disrupt their operation; (C) blocking, filtering, or otherwise restricting Internet communications in a manner that discriminates against Internet-based services and content originating in other countries; (D) monitoring Internet use and communications in a manner that restricts individual privacy and freedom; and (E) imposing market access requirements or liabilities that discriminate against or otherwise impede Internet-related goods, services and content from other countries. (4) Such actions threaten the interests of the United States by-- (A) facilitating attempts by foreign governments to restrict or disrupt the free flow of information on the Internet; (B) promoting ``national Internets'' in conflict with the underlying rationale and architecture of the Internet as originally envisioned and constructed, thereby compromising the Internet's full functionality and promise; (C) harming United States workers and businesses, undermining a strong United States industrial base, and putting foreign competitors at an advantage; and (D) putting at risk the utility of the Internet as a tool of open communication, assembly, and commerce, and the individuals who seek to use it for such purposes. SEC. 3. TASK FORCE ON THE GLOBAL INTERNET. (a) Establishment.-- (1) In general.--There is established within the executive branch a Task Force on the Global Internet (in this Act referred to as the ``Task Force''), hosted by the Department of Commerce. (2) Chairperson.--The President shall select from among the members of the Task Force under subsection (b) an individual to serve as Chairperson. (b) Composition.--The Task Force shall consist of the following: (1) Four United States persons with substantial expertise in Internet policy and civil liberties who are not employees or officers of Federal, State, local, or tribal governments and who-- (A) are nominated by the public through a process that solicits public recommendations through the Internet and are appointed by the President, acting through the President's Council of Advisors on Science and Technology; and (B) shall serve on the Task Force for renewable terms not to exceed 3 years. (2) The leader of the majority party in the Senate and the leader of the minority party in the Senate shall each appoint one United States person with substantial expertise in Internet policy and civil liberties to serve on the Task Force for renewable terms not to exceed 3 years. (3) The Speaker of the House of Representatives and the leader of the minority party in the House of Representatives shall each appoint one United States person with substantial expertise in Internet policy and civil liberties to serve on the Task Force for renewable terms not to exceed 3 years. (4) The United States Trade Representative, the Secretary of Homeland Security, the Assistant Secretary for Communications and Information of the National Telecommunications and Information Administration, the Chair of the Privacy and Civil Liberties Oversight Board, the head of the Internet Corporation for Assigned Names and Numbers, and the heads of other Federal departments and agencies as determined to be appropriate by the President, acting through their respective designees. (c) Staff of Federal Agencies.--Upon request of the Task Force, the head of any Federal department or agency or other Federal official described in subsection (b)(4) may detail, with or without reimbursement, any of the personnel or services of the relevant Federal department or agency to the Task Force to assist it in carrying out its functions. (d) Functions.--In addition to such other responsibilities the President may assign, the Task Force shall-- (1) develop and implement strategies in response to foreign and domestic government policies that-- (A) unjustifiably or unreasonably burden or restrict international trade in Internet-related goods, services, and content; (B) mandate or otherwise preference Internet- related technology standards and related measures; (C) impede the free flow of information on the Internet; or (D) otherwise threaten the open, global nature of the Internet, the interests of Internet users and the United States in Internet-related international trade and discourse; (2) consult and share timely information with civil society groups with expertise in Internet policy and civil liberties; (3) coordinate the activity of all Federal departments and agencies as necessary to implement the strategies developed in accordance with paragraph (1); (4) prepare a report and action plan in accordance with section 4; (5) hold public hearings and solicit public comment through the Federal Register and the website for the Task Force as appropriate; and (6) appoint a civilian Task Force member, responsible for leading the Task Force and serving as a point of contact for correspondence and inquiries related to the activities of the Task Force. SEC. 4. REPORT AND ACTION PLAN TO THE PRESIDENT AND CONGRESS. (a) In General.--Not later than 9 months after the date of the enactment of this Act, and annually thereafter, the Task Force shall transmit to the President, the Committee on Ways and Means of the House of Representatives, the Committee on the Judiciary of the House of Representatives, the Committee on Finance of the Senate, and the Committee on the Judiciary of the Senate a report and action plan that-- (1) identifies acts, policies, or practices of the United States, foreign governments, or international bodies, and related measures that-- (A) deny fair and equitable market access to or otherwise unjustifiably or unreasonably burden or restrict discourse or trade in Internet-related goods, services, and content; (B) mandate, give preference to, or promote Internet-related technology standards that diverge from widely adopted international standards, or otherwise lead to the adoption of discriminatory or trade- restrictive technology standards or conformity assessment procedures; or (C) otherwise threaten the interests of the United States in the technical operation, security, and free flow of global Internet communications; (2) estimates the trade-distorting impact or extent of suppression of free expression of measures identified under paragraph (1) on United States commerce, the interests of Internet users, and the functioning of the Internet; (3) designates which measures identified under paragraph (1) are priority concerns; (4) sets forth a strategy and actions to be taken by Federal departments and agencies in response to measures identified under paragraph (1); and (5) provides information with respect to any action taken (or the reasons if no action is taken) in response to any such measures identified in prior years' reports, including such actions as are required under section 5. (b) Form of Reports.--The reports and action plans required under subsection (a) may contain a classified annex if the Task Force determines that such is appropriate. (c) Coordination and Notice.--In preparing each annual report and action plan required under subsection (a), the Task Force shall-- (1) seek public participation by-- (A) publishing a notice in the Federal Register that includes instructions on how the public may submit comments on the report and plan; (B) holding at least one public hearing; and (C) establishing a website for the Task Force that publishes timely information regarding the Task Force's activities and provides an opportunity for the public to submit comments to the Task Force; (2) consult and coordinate with all relevant executive branch departments and agencies; (3) consult and share timely information with civil society groups with expertise in Internet policy and civil liberties; and (4) take into account information from such sources as may be available to the United States Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)) and petitions submitted under section 302 of such Act (19 U.S.C. 2412). (d) Publication.--The Task Force shall publish in the Federal Register the report and action plan transmitted to Congress under subsection (a), but shall omit information transmitted to Congress under subsection (b). SEC. 5. SECTION 301 INVESTIGATION AND POTENTIAL SANCTIONS. Not later than 30 days after the transmission of each annual report and action plan required under section 4, the United States Trade Representative shall, in accordance with the requirements of sections 301 through 304 of the Trade Act of 1974 (19 U.S.C. 2411 through 2414), initiate an investigation, make any determinations required, and take any actions specified under such sections with respect to any acts, policies, or practices of a foreign government or international body that are identified in each such annual report and action plan as priority concerns, including restrictions on sale in the United States of products developed and manufactured in countries implementing such acts, policies, or practices. SEC. 6. REVIEW AND INVESTIGATION BY FEDERAL TRADE COMMISSION AND DEPARTMENT OF JUSTICE. (a) Review and Investigation.--The Federal Trade Commission and the Attorney General shall-- (1) review each act, policy, or practice described in paragraph (1) of section 4(a) that is contained in a report or an action plan transmitted under such section to Congress; and (2) investigate whether such act, policy, or practice (or any related action by a nongovernmental entity) violates the antitrust laws of the United States. (b) Definition.--For purposes of this section, the term ``antitrust laws'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition. SEC. 7. REPORT TO CONGRESS ON INTERNATIONAL TRADE AGREEMENTS. (a) Report.--Not later than 2 years after the date of the enactment of this Act, the Task Force shall submit to Congress and the President a report that-- (1) assesses the sufficiency of existing multilateral and bilateral trade agreements in-- (A) promoting international trade in Internet- related goods, services, and content; (B) encouraging the utilization on a global basis of technology standards set by international standard- setting organizations; (C) protecting the security and functioning of the Internet; (D) facilitating the free flow of information on the Internet; and (E) protecting the interests of Internet users; and (2) recommends, as appropriate, modifications of existing agreements or the negotiation of new agreements to advance the objectives identified in paragraph (1). (b) Sense of Congress.--It is the sense of Congress that the negotiating objectives of the United States for future bilateral and multilateral trade agreements should include the goals specified in subsection (a)(1). (c) Form of Reports.--The report required under subsection (a) may contain a classified annex if the Task Force determines that such is appropriate. (d) Coordination and Notice.--In preparing each report required under subsection (a), the Task Force shall-- (1) seek public participation by-- (A) publishing a notice in the Federal Register that includes instructions on how the public may submit comments on the report and plan; (B) holding at least one public hearing; and (C) establishing a website for the Task Force that publishes timely information regarding the Task Force's activities and provides an opportunity for the public to submit comments to the Task Force; (2) consult and coordinate with all relevant Federal departments and agencies; (3) consult and share timely information with civil society groups with expertise in Internet policy and civil liberties; and (4) take into account information from such sources as may be available to the United States Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)) and petitions submitted under section 302 of such Act (19 U.S.C. 2412). (e) Publication.--The Task Force shall publish in the Federal Register the report and action plan transmitted to Congress under subsection (a), but shall omit information transmitted to Congress under subsection (b). SEC. 8. STANDARDS-RELATED TRAINING. The Task Force shall coordinate with intergovernmental, national government, and private sector entities, including the National Institute of Standards and Technology, the Patent and Trademark Office, the Trade and Development Agency, the United States Telecommunications Training Institute, the Department of Justice, the Federal Trade Commission, and any other appropriate entities, for the purpose of organizing training of foreign and domestic government officials and national standard-setting and conformity assessment bodies with respect to best practices, including coordination with nongovernmental international and domestic standards bodies, in accordance with the annual report and action plan required under section 4. SEC. 9. OUTSIDE CONSULTATION. The Task Force shall establish a regularized process to receive and respond to timely input from businesses, organizations, experts, and other interested parties regarding the fulfillment of its functions.

Global Free Internet Act of 2012 - Establishes a Task Force on the Global Internet to be hosted by the Department of Commerce. Requires the Task Force to develop and implement strategies in response to foreign and domestic government policies that: (1) unjustifiably or unreasonably burden or restrict international trade in Internet-related goods, services, and content; (2) mandate or otherwise preference Internet-related technology standards and related measures; (3) impede the free flow of information on the Internet; or (4) otherwise threaten the open, global nature of the Internet, the interests of Internet users, and the United States in Internet-related international trade and discourse. Directs the Task Force to coordinate the activity of federal agencies to implement such strategies and to consult and share timely information with civil liberty and Internet policy groups. Requires the Task Force to transmit to the President and Congress specified annual reports and action plans and to hold public hearings and solicit public comment through the Federal Register and the Task Force website. Instructs the U.S. Trade Representative (USTR) to initiate an investigation of any acts, policies, or practices of a foreign government or international body that are identified in such reports and plans as priority concerns in accordance with the Trade Act of 1974. Directs the Federal Trade Commission (FTC) and the Attorney General (DOJ) to investigate whether each act, policy, or practice identified in such a report or plan (or any related action by a nongovernmental entity) violates U.S. antitrust laws. Requires the Task Force to report to Congress and the President on the sufficiency of existing multilateral and bilateral trade agreements in advancing specified objectives that support the goal of a single open, global Internet. Instructs the Task Force to organize training of foreign and domestic government officials and national standard-setting and conformity assessment bodies, including coordination with nongovernmental international and domestic standards bodies.

To combat trade barriers that threaten the maintenance of an open Internet, that mandate unique technology standards as a condition of market access and related measures, and to promote online free expression and the free flow of information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Respond, Innovate, Succeed, and Empower Act of 2016'' or the ``RISE Act of 2016''. SEC. 2. PERFECTING AMENDMENT TO THE DEFINITION OF DISABILITY. Section 103(6) of the Higher Education Act of 1965 (20 U.S.C. 1003(6)) is amended by striking ``section 3(2)'' and inserting ``section 3''. SEC. 3. SUPPORTING STUDENTS WITH DISABILITIES TO SUCCEED ONCE ENROLLED IN COLLEGE. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will carry out the following: ``(A) Adopt policies that, at a minimum, make the following documentation submitted by an individual sufficient to establish that such individual is an individual with a disability: ``(i) Documentation that the individual has had an individualized education program (IEP) in accordance with section 614(d) of the Individuals with Disabilities Education Act, including an IEP that may not be current or up- to-date on the date of the determination. The institution may ask for additional documentation from an individual who had an IEP who was found ineligible for services or exited from eligibility under such Act during elementary school. ``(ii) Documentation that the individual has had a plan prepared under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). ``(iii) A plan or record of service for the individual from a private school, a local educational agency, a State educational agency, or an institution of higher education provided in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(iv) A record or evaluation from a relevant licensed professional finding that the individual has a disability. ``(v) A plan or record of disability from another institution of higher education. ``(vi) Documentation of a disability due to service in the uniformed services, as defined in section 484C(a). ``(B) Adopt policies that are transparent and explicit regarding information about the process by which the institution determines eligibility for accommodations. ``(C) Disseminate such information to students, parents, and faculty in an accessible format, including during any student orientation and making such information readily available on a public website of the institution.''. SEC. 4. AUTHORIZATION OF FUNDS FOR THE NATIONAL CENTER FOR INFORMATION AND TECHNICAL SUPPORT FOR POSTSECONDARY STUDENTS WITH DISABILITIES. Section 777(a) of the Higher Education Act of 1965 (20 U.S.C. 1140q(a)) is amended-- (1) in paragraph (1), by striking ``From amounts appropriated under section 778,'' and inserting ``From amounts appropriated under paragraph (5),''; and (2) by adding at the end the following: ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $10,000,000.''. SEC. 5. INCLUSION OF INFORMATION ON STUDENTS WITH DISABILITIES. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as amended by section 3, is further amended by adding at the end the following: ``(31) The institution will submit, for inclusion in the Integrated Postsecondary Education Data System (IPEDS) or any other Federal postsecondary institution data collection effort, key data related to undergraduate students enrolled at the institution who are formally registered as students with disabilities with the institution's office of disability services (or the equivalent office), including graduation rates for students with disabilities and the number and percentage of students with disabilities accessing or receiving accommodations at the institution. An institution shall not be required to submit the information described in the preceding sentence if the number of such students is equal to or less than 10, so as not to reveal personally identifiable information about an individual student.''. SEC. 6. RULE OF CONSTRUCTION. None of the amendments made by this Act shall be construed to affect the meaning of the terms ``reasonable accommodation'' or ``record of impairment'' under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or the rights or remedies provided under such Act.

Respond, Innovate, Succeed, and Empower Act of 2016 or the RISE Act of 2016 This bill amends the Higher Education Act of 1965 to set forth requirements about data collection related to students with disabilities. Specifically, the bill requires institutions of higher learning to outline which documents disabled students need to submit in order to ensure they are eligible for student disability support services. Institutions must submit key data related to their undergraduate students with disabilities for inclusion in federal postsecondary institution data collection efforts.

RISE Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tackling Excessive Standardized Testing Act of 2014'' or the ``TEST Act of 2014''. SEC. 2. ESEA AMENDMENTS. (a) Academic Assessments.--Section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended-- (1) in clause (v)(I), by striking ``clause vii'' and inserting ``clause (vii) and as otherwise provided under clause (xvi)''; (2) in clause (vii), by inserting ``except as otherwise provided under clause (xvi),'' before ``beginning''; (3) by striking ``and'' at the end of clause (xiv); (4) by striking the period at the end of clause (xv); and (5) by adding at the end the following new clause: ``(xvi) beginning with the first full school year after the date of enactment of the TEST Act of 2014, in lieu of the requirements of clause (vii)-- ``(I) authorize any public elementary school or public secondary school to administer the academic assessments in mathematics required under clause (vii) in each of grades 4, 6, and 8; ``(II) authorize any public elementary school or public secondary school to administer the academic assessments in reading or language arts required under clause (vii) in each of grades 3, 5, and 7; ``(III) authorize a public elementary schools or public secondary school at the 15th percentile or above for mathematics in the State (based on the achievement of students for the preceding school year in each of grades 4, 6, and 8 on the academics assessments in mathematics required under clause (vii)), to, for the school year following the administration of such assessments, administer the academic assessments in mathematics required under clause (vii) in each of grades 4 and 8; ``(IV) authorize a public elementary school or public secondary school at the 15th percentile or above for reading or language arts in the State (based on the achievement of students for the preceding school year in each of grades 3, 5, and 7 on the academics assessments in reading or language arts required under clause (vii)), to, for the school year following the administration of such assessments, administer the academic assessments in reading or language arts required under clause (vii) in each of grades 3 and 7; ``(V) authorize a public elementary school or public secondary school whose students do not meet the academic achievement requirements of subclause (III) of this clause, but which has demonstrated such level of progress with respect to the achievement of students on academic assessments in mathematics required under clause (vii), as determined appropriate by the Secretary to be authorized to administer assessments in mathematics in accordance with subclause (III) of this clause, to administer such assessments in mathematics in accordance with such subclause (III); and ``(VI) authorize a public elementary school or public secondary school whose students do not meet the academic achievement requirements of subclause (IV) of this clause, but which has demonstrated such level of progress with respect to the achievement of students on academic assessments in reading or language arts required under clause (vii), as determined appropriate by the Secretary to be authorized to administer assessments in reading or language arts in accordance with subclause (IV) of this clause, to administer such assessments in reading or language arts in accordance with such subclause (IV).''. (b) Limited English Proficient Students.--Section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)) is amended in the matter following item (dd), by inserting before the semicolon the following: ``and that the achievement of a student with limited English proficiency shall not be considered for purposes of such definition for the first 12 months that the student is enrolled in a public elementary school or public secondary school''. (c) Application to Waivers.--Section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861) is amended-- (1) in subsection (c)-- (A) by striking ``or'' at the end of paragraph (9)(C); (B) by striking the period at the end of paragraph (10) and inserting ``; or''; and (C) by adding at the end the following: ``(11) the requirement under section 1111(b)(2)(C)(v) that a student with limited English proficiency be excluded from the definition of adequate yearly progress for the first 12 months that the student is enrolled in a public elementary school or public secondary school.''; and (2) by adding at the end the following new subsection: ``(h) Options for Certain Academic Assessments.--A waiver awarded under this section shall not prohibit a State educational agency from administering academic assessments in accordance with clause (xvi) of section 1111(b)(3)(C) in lieu of the requirements of clause (vii) of section 1111(b)(3)(C).''.

Tackling Excessive Standardized Testing Act of 2014 or the TEST Act of 2014 - Amends the Elementary and Secondary Education Act of 1965 to alter the frequency with which students must take the tests used in determining whether they are making adequate yearly progress (AYP) toward state academic achievement standards in mathematics and reading or language arts. (Currently, students must take those tests in each of grades 3 through 8.) Authorizes a public school to administer the academic assessments in mathematics: (1) in each of grades 4, 6, and 8; or (2) in each of grades 4 and 8 if the school is at the 15th percentile or above for mathematics in the state or its students are making appropriate progress, as determined by the Secretary of Education, toward state mathematics achievement standards. Authorizes a public school to administer the academic assessments in reading or language arts: (1) in each of grades 3, 5, and 7; or (2) in each of grades 3 and 7 if the school is at the 15th percentile or above for reading or language arts or its students are making appropriate progress toward state reading or language arts achievement standards. Excludes limited English proficient students who are in their first 12 months of enrollment in a public school from the determination as to whether students are making AYP toward state academic achievement standards. Prohibits the Secretary from waiving the application of any of this Act's provisions.

TEST Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recruitment and Diversity in Nursing Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The United States is experiencing a nursing shortage due to declining enrollment rates in education and nursing programs. The Federal Government has a substantial interest in addressing the nursing shortage, because the shortage affects the overall health and safety of patients receiving health care. (2) The average age of nurses in the United States is 43.3. Unless the Congress takes affirmative measures, the shortage will only continue to worsen as nurses retire and leave the profession. (3) Increasing access to nursing education for nontraditional students will result in more people entering the profession and thus combat the current nursing shortage and help to reduce the average age of nurses. (4) Increasing the awareness of elementary and secondary school students about careers in nursing, through the use of nonprofit organizations, will assist in recruitment of nontraditional nursing students and thus combat the current nursing shortage and help to reduce the average age of nurses. SEC. 3. SCHOLARSHIP PROGRAM FOR NONTRADITIONAL NURSING STUDENTS. (a) Establishment.--Section 846 of the Public Health Service Act (42 U.S.C. 297n) is amended-- (1) by redesignating subsections (e), (f), (g), (h), and (i) as subsections (f), (g), (h), (i), and (j), respectively; and (2) by inserting after subsection (d) the following: ``(e) Scholarship Program.-- ``(1) In general.--The Secretary shall (for fiscal years 2003 and 2004) and may (for fiscal years thereafter) carry out a program of entering into contracts with nontraditional nursing students under which such students agree to serve as nurses for a period of not less than 2 years at a health care facility with a critical shortage of nurses, in consideration of the Federal Government agreeing to provide to the students scholarships for attendance at accredited schools of nursing. ``(2) Nontraditional nursing student.--In this subsection, the term `nontraditional nursing student' means an individual who-- ``(A) belongs to a group that is underrepresented among registered nurses, including socially disadvantaged individuals and males; and ``(B) is enrolled or accepted for enrollment as a full-time or part-time student in an accredited school of nursing. ``(3) Advanced degree programs.--The Secretary shall ensure that not more than 25 percent of the contracts entered into under this subsection are for scholarships for training in advanced degree programs (as that term is used in section 811). ``(4) Service requirement.-- ``(A) In general.--The Secretary may not enter into a contract with a nontraditional nursing student under this subsection unless the student agrees to serve as a nurse at a health care facility with a critical shortage of nurses for a period of full-time service of not less than 2 years, or for a period of part-time service in accordance with subparagraph (B). ``(B) Part-time service.--A nontraditional nursing student may complete the period of service described in subparagraph (A) on a part-time basis if the student has a written agreement that-- ``(i) is entered into by the facility and the student and is approved by the Secretary; and ``(ii) provides that the period of obligated service will be extended so that the aggregate amount of service performed will equal the amount of service that would be performed through a period of full-time service of not less than 2 years. ``(5) Applicability of certain provisions.--The provisions of subpart III of part D of title III shall, except as inconsistent with this section, apply to the program established in paragraph (1) in the same manner and to the same extent as such provisions apply to the National Health Service Corps Scholarship Program established in such subpart.''. (b) Preference Based on Financial Need.--Section 846(f) of the Public Health Service Act (42 U.S.C. 297n) (as redesignated by subsection (a)(1)) is amended by striking ``under subsection (a) or (d)'' and inserting ``under subsections (a), (d), and (e)''. (c) Authorization of Appropriations.--Subsection (j) of section 846 of the Public Health Service Act (42 U.S.C. 297n) (as redesignated by subsection (a)(1)) is amended-- (1) in paragraph (1)-- (A) by striking ``For the purpose of'' and inserting the following: ``(A) For the purpose of''; and (B) by adding at the end the following: ``(B) For the purpose of carrying out subsection (e), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2003 through 2007, except that funds may be appropriated for such purpose for a fiscal year only if the amount of such funds will be sufficient for the Secretary to enter into agreements that year under subsection (e) with not less than 250 nontraditional nursing students.''; and (2) in paragraph (2), by striking ``amounts appropriated under paragraph (1)'' and inserting ``amounts appropriated under paragraph (1)(A)''. SEC. 4. PROMOTING AND RECRUITING NURSES THROUGH ELEMENTARY AND SECONDARY SCHOOL INITIATIVES. Part H of title VIII of the Public Health Service Act (42 U.S.C. 297w et seq.) is amended-- (1) by amending the part heading to read as follows: ``PART H--PUBLIC SERVICE ANNOUNCEMENTS AND RECRUITING''; and (2) by adding at the end the following: ``SEC. 853. PROMOTING AND RECRUITING NURSES THROUGH ELEMENTARY AND SECONDARY SCHOOL INITIATIVES. ``(a) In General.--The Secretary shall (for fiscal years 2003 and 2004) and may (for fiscal years thereafter) make grants to eligible entities to carry out nursing awareness and recruitment programs in elementary schools and secondary schools. ``(b) Use of Funds.--The Secretary may not make a grant to an applicant under this subsection unless the applicant agrees-- ``(1) to use the grant to promote careers in nursing by carrying out nursing awareness and recruitment programs in elementary and secondary schools, of which at least 50 percent must have a high percentage of nontraditional students; and ``(2) in carrying out such programs, to encourage increasing the diversity of the nursing profession by presenting a diverse image of nursing inclusive of nontraditional students. ``(c) Duration of Grant.--The Secretary may not make a grant under this section for a period of more than 3 years. ``(d) Report.--Not later than 18 months after the date of enactment of this section and annually thereafter, the Secretary shall submit to the Congress a report describing the programs carried out with grants under this section, including the following: ``(1) The number of grant recipients. ``(2) The number of schools visited. ``(3) The total amount in grants awarded. ``(4) The educational institutions that received visits. ``(5) To the extent that it can be determined, the number of students who have an increased interest in nursing. ``(6) The educational methods used by grant recipients to encourage a diverse image of nursing. ``(7) The demographics of the schools and students participating in the nursing awareness programs. ``(8) Not later than 10 years after the date of enactment of this section, the percentage and number of individuals from the visited schools entering nursing careers in comparison to such percentage and number before the visits. ``(9) An evaluation of the overall costs and benefits of the programs. ``(e) Definitions.--For purposes of this section: ``(1) The terms `elementary school' and `secondary school' have the meaning given to those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(2) The term `eligible entity' means any public or private nonprofit organization involved in nursing issues, any other public or private nonprofit organization approved by the Secretary, any school of nursing, any nursing center, any academic health center, and any State or local government.''. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2003 through 2007.''.

Recruitment and Diversity in Nursing Act of 2002 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a program in which nontraditional nursing students shall contract to serve at least two years at a health care facility with a critical shortage of nurses after attending an accredited school of nursing on a Federal scholarship. Requires the program to run from FY 2003 to 2004, and permits the Secretary to extend the program thereafter.Sets a maximum figure of 25 percent of the number of scholarships that may be used for training in advanced degree programs. Allows a recipient to complete a period of service on a part-time basis under certain conditions.Applies certain provisions applicable to the National Health Service Corps Program to the nursing scholarship program. Directs the Secretary to give preference in entering into contracts in such program to individuals in financial need.Requires the Secretary to make grants to eligible entities to carry out nursing awareness and recruitment programs in elementary schools and secondary schools. States that the program shall run from FY 2003 to 2004, and permits the Secretary to extend the program thereafter. Requires that of the schools in which a beneficiary conducts awareness and recruitment programs, at least half must have a high percentage of nontraditional students. Prohibits any grant for nursing awareness and recruitment programs from lasting for a period of more than three years.

To amend the Public Health Service Act to promote careers in nursing and diversity in the nursing workforce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Fuel Supply and Distribution Improvement Act''. SEC. 2. IMPROVING MOTOR FUEL SUPPLY AND DISTRIBUTION. (a) Limiting Number of Boutique Fuels.--Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended by striking the second clause (v) (as added by section 1541(b) of Public Law 109-58) and inserting the following: ``(vi)(I) The Administrator shall have no authority, when considering a State implementation plan or a State implementation plan revision, to approve under this paragraph any fuel included in such plan or revision if the effect of such approval would be to increase the total number of fuels approved under this paragraph as of January 1, 2009 in all State implementation plans. ``(II) The Administrator, in consultation with the Secretary of Energy, shall determine the total number of fuels approved under this paragraph as of January 1, 2009, in all State implementation plans and shall publish a list of such fuels, including the States and Petroleum Administration for Defense District in which they are used, in the Federal Register no later than 90 days after enactment. ``(III) The Administrator shall remove a fuel from the list published under subclause (II) if a fuel ceases to be included in a State implementation plan or if a fuel in a State implementation plan is identical to a Federal fuel formulation implemented by the Administrator, but the Administrator shall not reduce the total number of fuels authorized under the list published under subclause (II). ``(IV) Subclause (I) shall not apply to approval by the Administrator of a control or prohibition respecting any new fuel under this paragraph in a State's implementation plan or a revision to that State's implementation plan after the date of enactment of this Act if the fuel, as of the date of consideration by the Administrator-- ``(aa) would replace completely a fuel on the list published under subclause (II); ``(bb) has been approved in at least one State implementation plan in the applicable Petroleum Administration for Defense District; or ``(cc) is a fuel that differs from the Federal conventional gasoline specifications under subsection (k)(8) only with respect to the requirement of a summertime Reid Vapor Pressure of 7.0 or 7.8 pounds per square inch. ``(V) Nothing in this clause shall be construed to have any effect regarding any available authority of States to require the use of any fuel additive registered in accordance with subsection (b), including any fuel additive registered in accordance with subsection (b) after the enactment of this subclause. ``(VI) In this clause: ``(aa) The term `control or prohibition respecting a new fuel' means a control or prohibition on the formulation, composition, or emissions characteristics of a fuel that would require the increase or decrease of a constituent in gasoline or diesel fuel. ``(bb) The term `fuel' means gasoline, diesel fuel, and any other liquid petroleum product commercially known as gasoline and diesel fuel for use in highway and non-road motor vehicles.''. (b) Temporary Waivers During Supply Emergencies.--Section 211(c)(4) of the Clean Air Act (42 U.S.C. 7545(c)(4)) is amended by adding at the end the following: ``(D) Temporary Waivers During Supply Emergencies.--The Administrator may temporarily waive a control or prohibition with respect to the use of a fuel or fuel additive required or regulated by the Administrator under subsection (c), (h), (i), (k), or (m), or prescribed in an applicable implementation plan under section 110 that is approved by the Administrator under subparagraph (c)(4)(C)(i), if, after consultation with and concurrence by the Secretary of Energy, the Administrator determines that-- ``(i) an extreme and unusual fuel or fuel additive supply circumstance exists in a State or region that prevents the distribution of an adequate supply of the fuel or fuel additive to consumers; ``(ii) the extreme and unusual fuel or fuel additive supply circumstance is the result of a natural disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not reasonably have been foreseen or prevented and not a lack of prudent planning on the part of the suppliers of the fuel or fuel additive to the State or region; and ``(iii) it is in the public interest to grant the waiver. ``(E) Requirements for Waiver.-- ``(i) Definition of motor fuel distribution system.--In this subparagraph, the term `motor fuel distribution system' has the meaning given the term by the Administrator, by regulation. ``(ii) Requirements.--A waiver under subparagraph (D) shall be permitted only if-- ``(I) the waiver applies to the smallest geographic area necessary to address the extreme and unusual fuel or fuel additive supply circumstance; ``(II) the waiver is effective for a period of 15 calendar days or, if the Administrator determines that a shorter or longer waiver period is adequate, for the shortest practicable time period necessary to permit the correction of the extreme and unusual fuel or fuel additive supply circumstances and to mitigate impact on air quality; ``(III) the waiver permits a transitional period, the duration of which shall be determined by the Administrator, after the termination of the temporary waiver to permit wholesalers and retailers to blend down wholesale and retail inventory; ``(IV) the waiver applies to all persons in the motor fuel distribution system; and ``(V) the Administrator has given public notice regarding consideration by the Administrator of, and, if applicable, the granting of, a waiver to all parties in the motor fuel distribution system, State and local regulators, public interest groups, and consumers in the State or region to be covered by the waiver. ``(F) Affect on Waiver Authority.--Nothing in subparagraph (D)-- ``(i) limits or otherwise affects the application of any other waiver authority of the Administrator under this section or a regulation promulgated pursuant to this section; or ``(ii) subjects any State or person to an enforcement action, penalties, or liability solely arising from actions taken pursuant to the issuance of a waiver under subparagraph (D).''.

Motor Fuel Supply and Distribution Improvement Act - Amends the Clean Air Act to: (1) update provisions limiting the number of gasoline or diesel fuels allowed in a state implementation plan; and (2) allow a limited, temporary waiver of a control or prohibition of a fuel or fuel additive in circumstances that prevent the distribution of an adequate supply of such fuel or fuel additive to consumers.

A bill to amend the Clean Air Act to improve motor fuel supply and distribution.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Buy Back Partnership Grant Act of 1998''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds that-- (1) 36,000 Americans are killed each year by the use of a gun; (2) 16 children are killed each day by the use of a gun; (3) guns are present in almost 35 percent of all American households; and (4) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were feloniously killed in the line of duty, and more than 92 percent of such law enforcement officers were killed by the use of a gun. (b) Purpose.--The purpose of this Act is to reduce the number of guns on the streets by helping State and local law enforcement departments conduct community gun buy back programs. SEC. 3. PROGRAM AUTHORIZED. (a) Grants.--The Director of the Bureau of Justice Assistance may make grants to States or units of local government to conduct community gun buy back programs. (b) Distribution and Use of Funds.--The Director of the Bureau of Justice Assistance shall distribute each grant made under subsection (a) directly to the State or unit of local government involved, which shall use the grant only to conduct a community gun buy back program. (c) Minimum Amount.--Unless all applications submitted by any State or unit of local government pursuant to this Act have been funded, each qualifying State or unit of local government shall be allocated in each fiscal year pursuant to subsection (a) not less than 0.50 percent of the total amount appropriated for the fiscal year pursuant to this Act. (d) Maximum Amount.--During a fiscal year, the Director of the Bureau of Justice Assistance shall not, under this Act, provide a qualifying State or unit of local government with more than 5 percent of the total amount appropriated for the fiscal year pursuant to this Act. (e) Matching Funds.--A grant made under this Act shall not be used to cover more than 50 percent of the cost of conducting a community gun buy back program, except to the extent that the Director of the Bureau of Justice Assistance waives such requirement, in whole or in part, after determining the existence of a fiscal hardship on the part of the grant recipient. (f) Preferential Consideration.--In awarding grants under this Act, the Director of the Bureau of Justice Assistance shall give preferential consideration to an application from a jurisdiction which will conduct a community gun buy back program that will destroy all guns received by the program. For purposes of the preceding sentence a community gun buy back program which will donate to a State or local museum for display any inoperable gun that is a curio or relic or that has historic significance shall be treated in the same manner as a community gun buy back program that will destroy all guns received by the program. SEC. 4. APPLICATIONS. (a) State Applications.--To request a grant under this Act, the chief executive of a State shall submit an application to the Director of the Bureau of Justice Assistance, signed by the Attorney General of the State requesting the grant, in such form and containing such information as the Director may reasonably require. (b) Local Applications.--To request a grant under this Act, the chief executive of a unit of local government shall submit an application to the Director of the Bureau of Justice Assistance, signed by the chief law enforcement officer of the unit of local government requesting the grant, in such form and containing such information as the Director may reasonably require. (c) Renewal.--A State or unit of local government shall be eligible to receive a grant under this Act annually. (d) Regulations.--Not later than 90 days after the date of enactment of this Act, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this Act, which shall specify the information that must be included and the requirements that the States and units of local government must meet in submitting the applications for grants under this Act. SEC. 5. DEFINITIONS. In this Act: (1) Community gun buy back program.--The term ``community gun buy back program'' means a program conducted by State or local law enforcement authorities under which such authorities purchase or accept donations of guns from persons desiring to dispose of them. (2) Gun.--The term ``gun'' means a firearm (as defined in section 921(a)(3) of title 18, United States Code). (3) Qualifying state or unit of local government.--The term ``qualifying State or unit of local government'' means a State or unit of local government whose application for a grant under this Act meets the applicable requirements prescribed by or under this Act. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, American Samoa, and the Northern Mariana Islands. SEC. 6. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS. For grants under this Act, there are authorized to be appropriated to the Director of the Bureau of Justice Assistance not more than $15,000,000 for each fiscal year.

Gun Buy Back Partnership Grant Act of 1998 - Authorizes the Director of the Bureau of Justice Assistance to make grants to States or local governments to conduct community gun buy back programs. Sets forth provisions regarding the distribution and use of funds, minimum and maximum amounts to be provided to qualifying jurisdictions, matching funds, and application requirements. Requires the Director, in awarding grants, to give preferential consideration to applications from jurisdictions that will conduct a community gun buy back program that will destroy all guns received by the program, or that will donate to a State or local museum for display any inoperable gun that is a curio or relic or that has historic significance. Authorizes appropriations.

Gun Buy Back Partnership Grant Act of 1998

SECTION 1. PROHIBITION ON SALE OF NAVAL VESSELS AND MARITIME ADMINISTRATION VESSELS FOR DISMANTLING, BREAKING UP, OR SCRAPPING ABROAD. (a) Prohibition.--Notwithstanding any other provision of law and except as provided in subsection (b), the Secretary of the Navy, in the case of vessels under the jurisdiction of such Secretary, and the Secretary of Transportation, in the case of vessels under the jurisdiction of the Maritime Administration, may not sell or otherwise dispose of any such vessel otherwise available for sale or disposal for purposes of dismantling, breaking up, or scrapping the vessel outside the United States. (b) Exception.--A vessel described in subsection (a) may be sold or otherwise disposed of for purposes of dismantling, breaking up, or scrapping abroad if-- (1) the Administrator of the Environmental Protection Agency certifies to Congress and the Secretaries referred to in subsection (a) that the environmental standards imposed by law and enforced in the country in which the vessel is to be dismantled, broken up, or scrapped, as the case may be, are similar to the environmental standards imposed under United States law; and (2) the Secretary of Labor certifies to Congress and such Secretaries that such country recognizes internationally recognized worker rights (as that term is defined in section 507(4) of the Trade Act of 1974 (19 U.S.C. 2467(4)). SEC. 2. DEMONSTRATION PROGRAM FOR BREAKING UP NAVAL VESSELS AND MARITIME ADMINISTRATION VESSELS IN UNITED STATES SHIPYARDS. (a) In General.--The Secretary of the Navy shall carry out a demonstration program in order to assess the feasibility and advisability of breaking up naval vessels and Maritime Administration vessels in United States shipyards. The Secretary shall carry out the demonstration program in accordance with this section. (b) Contract for Breaking Up.--(1) The Secretary shall carry out the demonstration program by competitively awarding a cost contract to each of two qualified United States shipyards to break up a group of vessels consisting of vessels that have been stricken from the Naval Vessel Register and vessels under the jurisdiction of the Maritime Administration. (2) Each contract under paragraph (1) shall be for a term of three years. (3) The aggregate tonnage of the vessels broken up each year under each contract under paragraph (1) shall exceed 80,000 tons. The Secretary shall identify the vessels to be covered by each contract before awarding the contract. (4) The Secretary shall award contracts under paragraph (1) not later than 6 months after the date of enactment of this Act. (5) For purposes of this subsection, the term ``qualified United States shipyard'' means a United States shipyard that-- (A) is qualified to construct or repair naval vessels or vessels under the jurisdiction of the Maritime Administration; (B) is covered by a current Navy Master Ship Repair Agreement; (C) is in compliance with all applicable Federal, State, and local license and other requirements relating to the construction or repair of vessels referred to in subparagraph (A); (D) has the capacity to provide the facilities and manpower to perform all the activities required of a shipyard under a contract under this section, including the removal of hazardous and controlled substances (including polychlorinated biphenyls, asbestos, and lead paint) in accordance with all applicable Federal, State, and local laws; and (E) has the capacity to perform not less than 75 percent of the man-hours of labor required for such activities within the shipyard using employees of the shipyard. (c) Shipyard Activities.--Each shipyard awarded a contract under subsection (b) shall-- (1) break up and domestically process all scrap associated with each vessel covered by the contract in accordance with the terms of the contract; (2) sell or otherwise dispose of such vessel (and its equipment or other contents) for scrap upon its breaking up under paragraph (1); and (3) pay to the United States an amount equal to 50 percent of the amount, if any, by which the proceeds received by the shipyard for the sale or disposal of such vessel under paragraph (2) exceeds the cost incurred by the shipyard in carrying out activities with respect to such vessel under paragraphs (1) and (2). (d) Performance of Activities.--Each shipyard awarded a contract under subsection (a) shall perform not less than 75 percent of the man- hours of labor required for the activities specified under subsection (c) within the shipyard using employees of the shipyard. (e) Report.--Not later than ____ after the date of enactment of this Act, the Secretary shall submit to Congress a report on the demonstration program. The report shall-- (1) describe the activities under the demonstration program; (2) assess the feasibility and advisability of breaking up naval vessels and Maritime Administration vessels in United States shipyards in light of such activities; and (3) include such other findings and recommendations as the Secretary considers appropriate.

Prohibits the Secretaries of the Navy and of Transportation from selling or otherwise disposing of any naval vessel or Maritime Administration vessel, respectively, for purposes of dismantling, breaking up, or scrapping such vessels outside the United States, unless: (1) the Administrator of the Environmental Protection Agency certifies to the Congress and the Secretaries that environmental standards imposed by law and enforced in the country in which the vessel is to be dismantled, broken up, or scrapped are similar to the environmental standards imposed under U.S. law; and (2) the Secretary of Labor certifies to the Congress and such Secretaries that such country recognizes internationally recognized worker rights. Directs the Secretary of the Navy, after assessing the feasibility and advisability of breaking up naval vessels and Maritime Administration vessels in U.S. shipyards, to carry out a demonstration program by competitively awarding a cost contract to each of two qualified U.S. shipyards to break up a group of vessels consisting of any stricken from the Naval Vessel Register and any under the jurisdiction of the Maritime Administration.

A bill to prohibit the sale of naval vessels and Maritime Administration vessels for purposes of scrapping abroad, to establish a demonstration program relating to the breaking up of such vessels in United States shipyards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Pump Fair Payment Act of 2008''. SEC. 2. LIMIT IMPOSED. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting after section 127A the following new section: ``Sec. 127B. Limit on certain interchange fees. ``(a) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Charge card.--The term charge card has the same meaning as in section 127(c)(4)(E). ``(2) Debit card.--The term `debit card' means any card or other device issued by a financial institution (as defined in section 903(8)) to a consumer for use in initiating electronic fund transfers (as defined in section 903(6)) from the account of the consumer at such financial institution for the purpose of transferring money between accounts or obtaining money, property, labor, or services. ``(3) Electronic payment system network.--The term `electronic payment system network' means a network that provides, through licensed members, processors, or agents-- ``(A) for the issuance of payment cards (by credit card issuers in the case of a credit card, charge card issuers in the case of a charge card, or financial institutions (as defined in section 903(8)) in the case of debit cards) bearing any logo of the network; ``(B) the proprietary services and infrastructure that route information and data to facilitate transaction authorization, clearance, and settlement that merchants must access in order to accept payment cards bearing any logo of the network as payment for goods and services; and ``(C) for the screening and acceptance of merchants into the network in order to allow such merchants to accept payment cards bearing any logo of the network as payment for goods and services. ``(4) Licensed member.--The term `licenced member', in connection with any electronic payment system network, includes-- ``(A) any creditor or charge card issuer that is authorized to issue credit cards or charge cards bearing any logo of the network; ``(B) any financial institution (as defined in section 903(8)) that is authorized to issue debit cards to consumers who maintain accounts at such institution; and ``(C) any person, including any financial institution, on occasion referred to as an `acquirer' that is authorized-- ``(i) to screen and accept merchants into any program under which any payment card bearing any logo of such network may be accepted by the merchant for payment for goods or services; ``(ii) to process transactions on behalf of any such merchant for payment; and ``(iii) to complete financial settlement of any such transaction on behalf of such merchant. ``(5) Merchant.--The term `merchant' means any person in the business of selling or providing any good or service for consideration. ``(6) Payment card.--The term `payment card' means a credit card , a charge card, or a debit card. ``(b) Excess Charges Prohibited in Sales of Motor Vehicle Fuel.--An electronic payment system network may not, directly or through any agent, processor, or licensed member of the network, require or permit any merchant to pay any interchange, processing, or other fee in connection with any payment card transaction involving the purchase by a consumer of any motor vehicle fuel in any amount in excess of the amount that is equal to 1 percent of the cost of each gallon of such fuel. ``(c) Enforcement.--Subsections (a), (b), and (h) of section 130 shall be applied for purposes of this section by substituting the term `an electronic payment system network, or any agent, processor, or licensed member of any such network' for `creditor' each place such term appears in such subsections. ``(d) Sunset.--This section shall not apply to the sale of any motor vehicle fuel after the end of the 6-month period beginning on the date of the enactment of the Gas Pump Fair Payment Act of 2008.''. (b) Clerical Amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 127A the following new item: ``127B. Limit on certain interchange fees.''.

Gas Pump Fair Payment Act of 2008 - Amends the Truth in Lending Act to prohibit an electronic payment system network, for a specified six-month period, from requiring or permitting a merchant to pay an interchange, processing, or other fee in connection with any credit, charge, or debit card transaction involving a consumer purchase of motor vehicle fuel in excess of 1% of the cost of each gallon of such fuel.

To amend the Truth in Lending Act to limit the amount of the interchange fee imposed on the sale of motor vehicle fuel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Silver Alert Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Missing senior.--The term ``missing senior'' refers to any individual who-- (A) is reported to, or identified by, a law enforcement agency as a missing person; and (B) meets the requirements to be designated as a missing senior, as determined by the State in which the individual is reported or identified as a missing person. (2) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 3. SILVER ALERT COMMUNICATIONS NETWORK. (a) In General.--The Attorney General shall, subject to the availability of appropriations, establish a national Silver Alert communications network within the Department of Justice to provide assistance to regional and local search efforts for missing seniors through the initiation, facilitation, and promotion of local elements of the network (known as Silver Alert plans) in coordination with States, units of local government, law enforcement agencies, and other concerned entities with expertise in providing services to seniors. (b) Coordination With AMBER Alert Network.--In establishing the Silver Alert Network under subsection (a), the Attorney General shall ensure that, when feasible, the Silver Alert Network is able to operate in coordination with the AMBER Alert communications network, established under subtitle A of title III of the PROTECT Act (42 U.S.C. 5791 et seq.), to maximize the efficiency of both networks. SEC. 4. SILVER ALERT COORDINATOR. (a) National Coordinator Within Department of Justice.--The Attorney General shall designate an individual of the Department of Justice to act as the national coordinator of the Silver Alert communications network. The individual so designated shall be known as the Silver Alert Coordinator of the Department of Justice (referred to in this Act as the ``Coordinator''). (b) Duties of the Coordinator.--In acting as the national coordinator of the Silver Alert communications network, the Coordinator shall-- (1) work with States to encourage the development of additional Silver Alert plans in the network; (2) establish voluntary guidelines for States to use in developing Silver Alert plans that will promote compatible and integrated Silver Alert plans throughout the United States, including-- (A) a list of the resources necessary to establish a Silver Alert plan; (B) criteria for evaluating whether a situation warrants issuing a Silver Alert, taking into consideration the need for the use of such Alerts to be limited in scope because the effectiveness of the Silver Alert communications network may be affected by overuse, including criteria to determine-- (i) whether the mental capacity of a senior who is missing, and the circumstances of his or her disappearance, warrant the issuance of a Silver Alert; and (ii) whether the individual who reports that a senior is missing is an appropriate and credible source on which to base the issuance of a Silver Alert; (C) a description of the appropriate uses of the Silver Alert name to readily identify the nature of search efforts for missing seniors; and (D) recommendations on how to protect the privacy, dignity, independence, and autonomy of any missing senior who may be the subject of a Silver Alert; (3) develop proposed protocols for efforts to recover missing seniors and to reduce the number of seniors who are reported missing, including protocols for procedures that are needed from the time of initial notification of a law enforcement agency that the senior is missing through the time of the return of the senior to family, guardian, or domicile, as appropriate, including-- (A) public safety communications protocol; (B) case management protocol; (C) command center operations; (D) reunification protocol; and (E) incident review, evaluation, debriefing, and public information procedures; (4) work with States to ensure appropriate regional coordination of various elements of the network; (5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the Silver Alert communications network with initiating, facilitating, and promoting Silver Alert plans, which shall include-- (A) to the maximum extent practicable, representation from the various geographic regions of the United States; and (B) members who are-- (i) representatives of senior citizen advocacy groups, law enforcement agencies, and public safety communications; (ii) broadcasters, first responders, dispatchers, and radio station personnel; and (iii) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the Silver Alert communications network; and (6) act as the nationwide point of contact for-- (A) the development of the network; and (B) regional coordination of alerts for missing seniors through the network. (c) Coordination.-- (1) Coordination with other agencies.--The Coordinator shall coordinate and consult with the Secretary of Transportation, the Federal Communications Commission, the Assistant Secretary for Aging of the Department of Health and Human Services, the head of the Missing Alzheimer's Disease Patient Alert Program, and other appropriate offices of the Department of Justice in carrying out activities under this Act. (2) State and local coordination.--The Coordinator shall consult with local broadcasters and State and local law enforcement agencies in establishing minimum standards under section 5 and in carrying out other activities under this Act, as appropriate. (d) Annual Reports.--Not later than one year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Silver Alert plans of each State that has established or is in the process of establishing such a plan. Each such report shall include-- (1) a list of States that have established Silver Alert plans; (2) a list of States that are in the process of establishing Silver Alert plans; (3) for each State that has established such a plan, to the extent the data is available-- (A) the number of Silver Alerts issued; (B) the number of individuals located successfully; (C) the average period of time between the issuance of a Silver Alert and the location of the individual for whom such Alert was issued; (D) the State agency or authority issuing Silver Alerts, and the process by which Silver Alerts are disseminated; (E) the cost of establishing and operating such a plan; (F) the criteria used by the State to determine whether to issue a Silver Alert; and (G) the extent to which missing individuals for whom Silver Alerts were issued crossed State lines; (4) actions States have taken to protect the privacy and dignity of the individuals for whom Silver Alerts are issued; (5) ways that States have facilitated and improved communication about missing individuals between families, caregivers, law enforcement officials, and other authorities; and (6) any other information the Coordinator determines to be appropriate. SEC. 5. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS THROUGH SILVER ALERT COMMUNICATIONS NETWORK. (a) Establishment of Minimum Standards.--Subject to subsection (b), the Coordinator shall establish minimum standards for-- (1) the issuance of alerts through the Silver Alert communications network; and (2) the extent of the dissemination of alerts issued through the network. (b) Limitations.-- (1) Voluntary participation.--The minimum standards established under subsection (a) of this section, and any other guidelines and programs established under section 4, shall be adoptable on a voluntary basis only. (2) Dissemination of information.--The minimum standards shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies), provide that appropriate information relating to the special needs of a missing senior (including health care needs) are disseminated to the appropriate law enforcement, public health, and other public officials. (3) Geographic areas.--The minimum standards shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies), provide that the dissemination of an alert through the Silver Alert communications network be limited to the geographic areas which the missing senior could reasonably reach, considering the missing senior's circumstances and physical and mental condition, the modes of transportation available to the missing senior, and the circumstances of the disappearance. (4) Age requirements.--The minimum standards shall not include any specific age requirement for an individual to be classified as a missing senior for purposes of the Silver Alert communication network. Age requirements for determinations of whether an individual is a missing senior shall be determined by each State, and may vary from State to State. (5) Privacy and civil liberties protections.--The minimum standards shall-- (A) ensure that alerts issued through the Silver Alert communications network comply with all applicable Federal, State, and local privacy laws and regulations; and (B) include standards that specifically provide for the protection of the civil liberties and sensitive medical information of missing seniors. (6) State and local voluntary coordination.--In carrying out the activities under subsection (a), the Coordinator may not interfere with the current system of voluntary coordination between local broadcasters and State and local law enforcement agencies for purposes of the Silver Alert communications network. SEC. 6. TRAINING AND OTHER RESOURCES. (a) Training and Educational Programs.--The Coordinator shall make available to States, units of local government, law enforcement agencies, and other concerned entities that are involved in initiating, facilitating, or promoting Silver Alert plans, including broadcasters, first responders, dispatchers, public safety communications personnel, and radio station personnel-- (1) training and educational programs related to the Silver Alert communication network and the capabilities, limitations, and anticipated behaviors of missing seniors, which shall be updated regularly to encourage the use of new tools, technologies, and resources in Silver Alert plans; and (2) informational materials, including brochures, videos, posters, and web sites to support and supplement such training and educational programs. (b) Coordination.--The Coordinator shall coordinate-- (1) with the Assistant Secretary for Aging of the Department of Health and Human Services in developing the training and educational programs and materials under subsection (a); and (2) with the head of the Missing Alzheimer's Disease Patient Alert Program within the Department of Justice, to determine if any existing material with respect to training programs or educational materials developed or used as part of such Patient Alert Program are appropriate and may be used for the programs under subsection (a). SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR THE SILVER ALERT COMMUNICATIONS NETWORK. There are authorized to be appropriated to the Department of Justice $500,000 to carry out the Silver Alert communications network as authorized under this Act.

National Silver Alert Act of 2011 - Directs the Attorney General to: (1) establish a national Silver Alert communications network within the Department of Justice (DOJ) to assist regional and local search efforts for missing seniors; (2) ensure that, when feasible, the network is able to operate in coordination with the AMBER Alert communications network; and (3) designate an individual of DOJ to serve as the Silver Alert Coordinator to coordinate the network with states. Defines "missing senior" as any individual who is reported as missing to or by a law enforcement agency and who meets state requirements for designation as a missing senior. Directs the Coordinator to: (1) establish minimum standards for the issuance and dissemination of alerts issued through the network; and (2) make available to states, local governments, law enforcement agencies, and other concerned entities network training and information.

A bill to encourage, enhance, and integrate Silver Alert plans throughout the United States and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fraudulent Prescription Prevention Act of 2011''. SEC. 2. FRAUDULENT PRESCRIPTION PREVENTION. (a) In General.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(i) Fraudulent Prescription Prevention.-- ``(1) Registration requirement.--The Attorney General may not register a practitioner to dispense, or conduct research with, a controlled substance in schedule II or III unless the practitioner agrees to comply with the requirements of this subsection. ``(2) Reporting applicable to prescribing.-- ``(A) In general.--At the time of prescribing a controlled substance in schedule II or III, a practitioner shall, by means of the web portal under paragraph (4), submit the following information to the Attorney General: ``(i) The name, date of birth, and address of the patient. ``(ii) The date and time of the prescription. ``(iii) The name and amount of the substance prescribed. ``(iv) The practitioner's Drug Enforcement Administration registration number. ``(v) The practitioner's contact information. ``(vi) If applicable, the prescription pad number. ``(B) Exceptions.-- ``(i) Medical emergency situation.-- Subparagraph (A) does not apply if the practitioner is prescribing a controlled substance in a medical emergency situation. ``(ii) Inconvenience.--If a practitioner does not have access to the web portal under paragraph (4) at the time of prescribing a controlled substance, the practitioner may make the submissions required by subparagraph (A) up to 7 days after the time of such prescribing. ``(3) Reporting applicable to dispensing.-- ``(A) In general.--Before dispensing a controlled substance in schedule II or III, a practitioner shall, by means of the web portal under paragraph (4), submit the following information to the Attorney General: ``(i) Each item of information required to be reported under paragraph (2) in connection with prescribing the substance. ``(ii) The name, date of birth, and address of the purchaser of the substance. ``(iii) The date and time of the dispensing of the substance. ``(iv) The name and amount of the substance being dispensed. ``(v) Whether the dispensing constitutes a refill of a prescription. ``(vi) The practitioner's Drug Enforcement Administration registration number. ``(vii) The practitioner's contact information. ``(B) Declining to dispense.--At the time of declining to dispense a controlled substance in schedule II or III, a practitioner shall, by means of the web portal under paragraph (4), submit the following information to the Attorney General: ``(i) To the extent feasible, each item of information that would have been required to be reported under subparagraph (A) if the substance had been dispensed. ``(ii) Any reason to suspect that the individual attempting to purchase the substance was acting pursuant to fraud. ``(4) Web portal.--The Attorney General shall establish and maintain a web portal that-- ``(A) allows a practitioner to submit information to the Attorney General in accordance with paragraph (2) or (3), as applicable; and ``(B) at the time of such submission, communicates an alert to the practitioner if-- ``(i) the patient or purchaser has repeatedly refilled the same prescription or prescriptions for the same controlled substance; ``(ii) the patient or purchaser has attempted to obtain or fill the same prescription or multiple prescriptions for the same controlled substance within the preceding 30 days; ``(iii) the patient or purchaser has a history of purchasing controlled substances in schedule II or III at multiple pharmacies; ``(iv) the patient or purchaser has a history of purchasing such controlled substances in multiple States; ``(v) the purchaser is attempting to purchase a controlled substance using a prescription pad number that has been reported as missing or stolen; or ``(vi) any other circumstance exists that, as determined by the Attorney General, indicates an increased possibility that the patient or purchaser is attempting to unlawfully divert or misuse a controlled substance. ``(5) Database.--The Attorney General shall establish and maintain a database containing the information reported under paragraphs (2) and (3). ``(6) Disclosure of information.--The Attorney General may disclose the information reported under paragraphs (2) and (3) only as follows: ``(A) The Attorney General may make such disclosures as may be necessary in order to communicate alerts to practitioners under paragraph (4)(B). ``(B) The Attorney General may disclose information reported under paragraph (2) or (3) to any local, State, or Federal law enforcement, narcotics control, licensure, disciplinary, or program authority who certifies that the information is related to an individual investigation or proceeding involving the unlawful diversion or misuse of a controlled substance in schedule II or III, and such information will further the purpose of the investigation or assist in the proceeding. ``(C) The Attorney General may, on request, disclose information reported under paragraph (2) or (3), or any summary or analysis thereof, to any person or agency if-- ``(i) the information, summary, or analysis is not individually identifiable; and ``(ii) the person or agency requesting the information, summary, or analysis provides satisfactory assurances that it will be used for research. ``(7) Funding.--The only amounts authorized to be appropriated to carry out this subsection are amounts in the Diversion Control Fee Account established by section 111(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law 102- 395).''. (b) Applicability Date.--Paragraphs (1), (2), and (3) of section 303(i) of the Controlled Substances Act, as added by subsection (a), apply beginning on the date on which the Attorney General publishes in the Federal Register a determination that the web portal and database required by paragraphs (4) and (5) of such section are fully operational.

Fraudulent Prescription Prevention Act of 2011 - Amends the Controlled Substances Act to prohibit the Attorney General from registering a practitioner to dispense or conduct research with a schedule II or III controlled substance unless the practitioner agrees to comply with this Act's requirements. Requires a practitioner, at the time of prescribing such substances to submit to the Attorney General by means of a web portal: (1) the patient's name, date of birth, and address; (2) the date and time of the prescription; (3) the name and amount of the substance prescribed; (4) the practitioner's Drug Enforcement Administration (DEA) registration number and contact information; and (5) the prescription pad number. Makes exceptions if the practitioner is prescribing a controlled substance in a medical emergency situation or does not have access to the web portal (in which case the practitioner may make the required submissions within seven days). Requires a practitioner to submit the same information before dispensing such a controlled substance, as well as whether the dispensing constitutes a refill of a prescription. Requires a practitioner who declines to dispense such a controlled substance to submit information that would have been required to be reported if the substance had been dispensed and any reason to suspect that the individual attempting to purchase the substance was acting pursuant to fraud. Directs the Attorney General to establish and maintain a web portal and database that allows a practitioner to submit such information and that communicates an alert to the practitioner if circumstances exist that indicate the patient or purchaser is attempting to unlawfully divert or misuse a controlled substance. Limits disclosure of database information.

To amend the Controlled Substances Act to improve detection of the fraudulent abuse of prescriptions to obtain controlled substances in schedule II or III, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Legal Assistance Attorney Loan Repayment Act''. SEC. 2. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS. Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting after section 428K the following: ``SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS. ``(a) Purpose.--The purpose of this section is to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys. ``(b) Definitions.--In this section: ``(1) Civil legal assistance attorney.--The term `civil legal assistance attorney' means an attorney who-- ``(A) is a full-time employee of a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee; ``(B) as such employee, provides civil legal assistance as described in subparagraph (A) on a full- time basis; and ``(C) is continually licensed to practice law. ``(2) Student loan.--The term `student loan' means-- ``(A) subject to subparagraph (B), a loan made, insured, or guaranteed under part B, D, or E of this title; and ``(B) a loan made under section 428C or 455(g), to the extent that such loan was used to repay-- ``(i) a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan; ``(ii) a loan made under section 428, 428B, or 428H; or ``(iii) a loan made under part E. ``(c) Program Authorized.--The Secretary shall carry out a program of assuming the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who-- ``(1) is employed as a civil legal assistance attorney; and ``(2) is not in default on a loan for which the borrower seeks repayment. ``(d) Terms of Agreement.-- ``(1) In general.--To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement with the Secretary that specifies that-- ``(A) the borrower will remain employed as a civil legal assistance attorney for a required period of service of not less than 3 years, unless involuntarily separated from that employment; ``(B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Secretary the amount of any benefits received by such employee under this agreement; ``(C) if the borrower is required to repay an amount to the Secretary under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee by such methods as are provided by law for the recovery of amounts owed to the Federal Government; ``(D) the Secretary may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest; and ``(E) the Secretary shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations. ``(2) Repayments.-- ``(A) In general.--Any amount repaid by, or recovered from, an individual under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. ``(B) Merger.--Any amount credited under subparagraph (A) shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations, if any, as the sums with which the amount was merged. ``(3) Limitations.-- ``(A) Student loan payment amount.--Student loan repayments made by the Secretary under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Secretary in an agreement under paragraph (1), except that the amount paid by the Secretary under this section shall not exceed-- ``(i) $6,000 for any borrower in any calendar year; or ``(ii) an aggregate total of $40,000 in the case of any borrower. ``(B) Beginning of payments.--Nothing in this section shall authorize the Secretary to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Secretary entered into an agreement with the borrower under this subsection. ``(e) Additional Agreements.-- ``(1) In general.--On completion of the required period of service under an agreement under subsection (d), the borrower and the Secretary may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d). ``(2) Term.--An agreement entered into under paragraph (1) may require the borrower to remain employed as a civil legal assistance attorney for less than 3 years. ``(f) Award Basis; Priority.-- ``(1) Award basis.--Subject to paragraph (2), the Secretary shall provide repayment benefits under this section on a first- come, first-served basis, and subject to the availability of appropriations. ``(2) Priority.--The Secretary shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who-- ``(A) has practiced law for 5 years or less and, for at least 90 percent of the time in such practice, has served as a civil legal assistance attorney; ``(B) received repayment benefits under this section during the preceding fiscal year; and ``(C) has completed less than 3 years of the first required period of service specified for the borrower in an agreement entered into under subsection (d). ``(g) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2008 and such sums as may be necessary for each succeeding fiscal year.''.

Civil Legal Assistance Attorney Loan Repayment Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make payments to holders of student loans under the Federal Family Education Loan, Direct Loan, and Perkins Loan programs on behalf of civil legal assistance attorneys for the duration of agreements between the Secretary and such attorneys that require their continued employment in such capacity for at least three years. Authorizes the Secretary to enter into additional agreements with civil legal assistance attorneys who have completed their service obligation.

A bill to amend the Higher Education Act of 1965 in order to provide funding for student loan repayment for civil legal assistance attorneys.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rank and File Stock Option Act of 2002''. SEC. 2. DENIAL OF DEDUCTION FOR STOCK OPTION PLANS DISCRIMINATING IN FAVOR OF HIGHLY COMPENSATED EMPLOYEES. (a) In General.--Section 162 of the Internal Revenue Code of 1986 (relating to deduction for trade and business expenses) is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Deductibility of Stock Options Not Widely Available to All Employees.-- ``(1) In general.--If-- ``(A) an applicable taxpayer grants stock options during any taxable year, and ``(B) the taxpayer fails to meet the overall concentration test of paragraph (2) or the individual concentration tests of paragraph (3) for such taxable year with respect to the granting of such options, then the deduction allowable to such taxpayer for any taxable year in which any such option is exercised shall be limited as provided in this subsection. ``(2) Overall concentration test.--If the total number of shares which may be acquired pursuant to options granted to applicable highly compensated employees by an applicable taxpayer during a taxable year exceeds 50 percent of the aggregate share amount, then the deduction allowable under this chapter with respect to the exercise of any option granted by the applicable taxpayer during such taxable year to any employee shall be reduced by the product of-- ``(A) the amount of such deduction computed without regard to this subsection, and ``(B) a percentage equal to the number of percentage points (including any fraction thereof) by which such total number exceeds 50 percent. ``(3) Individual concentration tests.-- ``(A) Options granted to single employee.--If the total number of shares which may be acquired pursuant to options granted to any applicable highly compensated employee by an applicable taxpayer during a taxable year exceeds 5 percent of the aggregate share amount, then no deduction shall be allowable under this chapter with respect to the exercise of any options granted by the applicable taxpayer to such employee during such taxable year. ``(B) Options granted to top employees.-- ``(i) In general.--If the total number of shares which may be acquired pursuant to options granted to employees who are members of the top group by an applicable taxpayer during a taxable year exceeds 15 percent of the aggregate share amount, then no deduction shall be allowable under this chapter with respect to the exercise of any options granted by the applicable taxpayer to such employees during such taxable year. ``(ii) Top group.--For purposes of this subparagraph, an employee shall be treated as a member of the top group if the employee is a covered employee (within the meaning of section 162(m)(3)). ``(C) Exception.--Subparagraphs (A) and (B) shall not apply to any taxable year if the applicable taxpayer granted an equal number of identical options to each employee without regard to whether the employee was highly compensated or not. ``(4) Rules relating to tests.--For purposes of this subsection-- ``(A) Aggregate share amount.-- ``(i) In general.--The aggregate share amount for any taxable year is the total number of shares which may be acquired pursuant to options granted to all employees by an applicable taxpayer during the taxable year. ``(ii) Certain options disregarded.--Except as provided in regulations, if the terms of any option granted to an employee other than a highly compensated employee during any taxable year are not substantially the same as, or more favorable than, the terms of any option granted to any highly compensated employee, then such option shall not be taken into account in determining the aggregate share amount. ``(B) Options granted on different classes of stock.--Except as provided in regulations, this subsection shall be applied separately with respect to each class of stock for which options are granted. ``(5) Definitions and special rules.--For purposes of this subsection-- ``(A) Applicable taxpayer.--The term `applicable taxpayer' means any taxpayer which is an issuer (as defined in section 3 of the Securities Exchange Act of 1934; 15 U.S.C. 78c)-- ``(i) the securities of which are registered under section 12 of that Act (15 U.S.C. 78l), or ``(ii) which-- ``(I) is required to file reports pursuant to section 15(d) of that Act (15 U.S.C. 78o(d)), or ``(II) will be required to file such reports at the end of a fiscal year of the issuer in which a registration statement filed by such issuer has become effective pursuant to the Securities Act of 1933 (15 U.S.C. 77a et seq.), unless its securities are registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78c) on or before the end of such fiscal year. ``(B) Applicable highly compensated employee.--The term `applicable highly compensated employee' means-- ``(i) any highly compensated employee who is described in subparagraph (B) of section 414(q)(1), and ``(ii) any director of the applicable taxpayer. ``(C) Incentive stock options not taken into account.--An incentive stock option (as defined in section 422(b)) shall not be taken into account for purposes of applying this section. ``(D) Aggregation.--All corporations which are members of an affiliated group of corporations filing a consolidated return shall be treated as 1 taxpayer. ``(6) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including regulations to prevent the avoidance of this subsection through the use of phantom stock, restricted stock, or similar instruments.'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 3. SHAREHOLDER APPROVAL. (a) Rules Required.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall finalize rules pursuant to the Securities Exchange Act of 1934 to ensure that-- (1) shareholder approval is required for stock option plans and grants, stock purchase plans, and other arrangements by public companies by which any person may acquire an equity interest in the company in exchange for consideration that is less than the fair market value of the equity interest at the time of the exchange; and (2) prior to submission of such plans to shareholders for approval, such shareholders are given detailed information about the stock option plans and grants, including-- (A) the economic rationale and interest of shareholders in the plan or grant; (B) a detailed description of the anticipated distribution of the plan or grant among directors, officers, and employees and the rationale of such distribution; (C) the total number of options reserved or intended for grants to each director and officer, and to different classes of employees; (D) the maximum potential future earnings per share dilution of investors' shareholdings, assuming the exercise of all in-the-money options with no adjustment for the use of the Treasury stock method, as stock price varies; (E) the terms under which stock option grants may be canceled or reissued; and (F) the number, weighted average exercise prices, and vesting schedule of all options previously approved or outstanding. (b) Reliability and Accuracy.--The Commission shall ensure that all disclosures required by this section shall increase the reliability and accuracy of information provided to shareholders and investors. (c) Exemption Authority.--Shareholder approval rules issued in accordance with this section-- (1) may exempt stock option grants to individual employees under terms and conditions specified by the Commission, except that such exemptions shall be available only in cases in which the grant-- (A) is made to an individual who is not a director or officer of the company at the time the grant is approved; (B) is necessary, based on business judgment; (C) represents a de minimus potential dilution of future earnings per share of investors' shareholdings; and (D) is made on terms disclosed to shareholders in the next filing with the Commission; and (2) may exempt stock option plans and grants of any registrant that qualifies as a small business issuer under applicable securities laws and regulations, or to such additional small issuers as the Commission determines would be unduly burdened by such requirements as compared to the benefit to shareholders, except that such exemption may be phased in, both as to applicability and to its effective date, so that the Commission may determine the size of issuer to which such exemptions will apply and the extent to which the rule should apply to plans that exclude officers and directors. SEC. 4. HOLDING PERIOD FOR EXECUTIVES. Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall conduct an analysis of, and make regulatory and legislative recommendations on, the need for new stock holding period requirements for senior executives, including-- (1) recommendations to set minimum holding periods after the exercise of options to purchase stock and to set a maximum percentage of stock purchased through options that may be sold; and (2) an analysis of sales to company, sales on public markets, and derivative sales.

Rank and File Stock Option Act of 2002 - Amends the Internal Revenue Code to reduce the deduction allowed for granting stock options if the total number of shares in a firm which may be acquired by highly compensated employees pursuant to options exceeds 50 percent of the aggregate share amount. Negates the deduction if: (1) the total number of shares which may be acquired by one highly compensated employee pursuant to options exceeds five percent of the aggregate share amount; or (2) the total number of shares available to covered employees pursuant to options exceeds 15 percent of the aggregate share amount. Allows an exception to the negation provisions if a taxpayer grants an equal number of identical options to every employee. Counts all members of an affiliated group of corporations as one taxpayer.Directs the Securities and Exchange Commission to finalize rules pursuant to the Securities Exchange Act of 1934 to ensure that: (1) shareholder approval is required for stock option plans and grants and other equity interests; and (2) prior to submission of such plans to shareholders for approval, detailed information about the plans is given.Authorizes shareholder approval rules to exempt from the shareholder approval provisions of this Act: (1) certain stock option grants to individual employees; and (2) stock option plans and grants issued by small businesses or by additional small issuers as approved by the Commission.Directs the Commission to conduct an analysis of, and make regulatory and legislative recommendations on, the need for new stock holding period requirements for senior executives.

A bill to amend the Internal Revenue Code of 1986 to ensure that stock options of public companies are granted to rank and file employees as wall as officers and directors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our National Parks Transportation Act''. SEC. 2. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS PROGRAM. (a) In General.--Chapter 2 of title 23, United States Code, is amended by inserting after section 206 the following: ``Sec. 207. Nationally significant Federal lands and tribal projects program ``(a) Purpose.--The Secretary of Transportation shall establish a nationally significant Federal lands and tribal projects program to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal lands and tribal transportation projects. ``(b) Eligibility.-- ``(1) In general.--Except as specified in paragraph (2), an entity eligible to receive funds under sections 201, 202, 203 and 204 of this title is eligible to receive funds under this section. ``(2) Special rule.--A State, county or local government is eligible to receive funds under this section if such government is sponsored by an eligible Federal land management agency or Indian tribe. ``(c) Application.--To be eligible to receive funds under this section, an entity shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary may establish. ``(d) Project Requirements.--An eligible project under this section shall be a single continuous project-- ``(1) on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility, except that such facility is not required to be included on an inventory as described under section 202 or 203; ``(2) for which completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), has been demonstrated through a record of decision with respect to the project, a finding that the project has no significant impact, or a determination that the project is categorically excluded; and ``(3) having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $25,000,000, with priority consideration given to projects with an estimated cost equal to or exceeding $50,000,000. ``(e) Use of Funds.--An applicant receiving funds under this section may only use such funds for construction, reconstruction, and rehabilitation activities, except that activities related to project design are not eligible. ``(f) Selection Criteria.--In selecting a project to receive funds under this section the Secretary shall consider the extent to which the project-- ``(1) furthers goals of the Department of Transportation, including state of good repair, environmental sustainability, economic competitiveness, quality of life, and safety; ``(2) improves the condition of critical multimodal transportation facilities; ``(3) needs construction, reconstruction, or rehabilitation; ``(4) is included in or eligible for inclusion in the National Register of Historic Places; ``(5) enhances environmental ecosystems; ``(6) uses new technologies and innovations that enhance the efficiency of the project; ``(7) is supported by funds other than those received under this title to construct, maintain, and operate the facility; ``(8) spans 2 or more States; and ``(9) serves lands owned by multiple Federal agencies or Indian tribes.''. (b) Conforming Amendments.-- (1) Availability of funds.--Section 201(b) of such title is amended-- (A) in paragraph (1) by inserting ``nationally significant Federal lands and tribal projects program,'' after ``Federal lands transportation program,''; (B) in paragraph (4)(A) by inserting ``nationally significant Federal lands and tribal projects program,'' after ``Federal lands transportation program,''; and (C) in paragraph (7) by adding at the end the following-- ``(C) Nationally significant federal lands and tribal projects program.--The Federal share of the cost of a project carried out under the nationally significant Federal lands and tribal projects program may be up to 100 percent.''. (2) Planning.--Section 201(c)(3) of such title is amended by inserting ``nationally significant Federal lands and tribal projects program'' after ``Federal lands transportation program,'' the first time it appears. (3) Analysis.--The analysis for chapter 2 of such title is amended by inserting after the item related to 206 the following: ``207. Nationally significant Federal lands and tribal projects program.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Nationally significant federal lands and tribal projects program.--For the Nationally significant Federal lands and tribal projects program under section 207 of title 23, United States Code, $150,000,000 for each of fiscal years 2016 through 2021. (2) Federal lands transportation program.--For the Federal lands transportation program under section 203 of title 23, United States Code, $520,000,000 for each of fiscal years 2016 through 2021, of which $460,000,000 of the amount made available for each fiscal year shall be the amount for the National Park Service and $30,000,000 of the amount made available for each fiscal year shall be the amount for the United States Fish and Wildlife Service. (b) Availability.--Funds authorized by this section shall be available on October 1 of the fiscal year for which the funds are authorized and subject to any obligation limitation on Federal-aid highways and highway safety construction programs.

Save Our National Parks Transportation Act Directs the Secretary of Transportation to establish a nationally significant federal lands and tribal projects program to fund construction, reconstruction, or rehabilitation of nationally significant federal lands and tribal transportation projects. The federal share of project costs may be up to 100%.

Save Our National Parks Transportation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Energy Race to the Top Initiative Act of 2013''. SEC. 2. PURPOSE. The purpose of this Act is to assist energy policy innovation in the States to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. SEC. 3. DEFINITIONS. In this Act: (1) Covered entity.--The term ``covered entity'' means-- (A) a public power utility; (B) an electric cooperative; and (C) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)). (2) State.--The term ``State'' has the meaning given the term in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202). SEC. 4. PHASE 1: INITIAL ALLOCATION OF GRANTS TO STATES. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall issue an invitation to States to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section. (b) Grants.-- (1) In general.--Subject to section 7, the Secretary shall use funds made available under section 8(b)(1) to provide an initial allocation of grants to not more than 25 States. (2) Amount.--The amount of a grant provided to a State under this section shall be not less than $1,000,000 nor more than $3,500,000. (c) Submission of Plans.--To receive a grant under this section, not later than 90 days after the date of issuance of the invitation under subsection (a), a State shall submit to the Secretary an application to receive the grant by submitting a revised State energy conservation plan under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322). (d) Decision by Secretary.-- (1) In general.--Not later than 90 days after the submission of revised State energy conservation plans under subsection (c), the Secretary shall make a final decision on the allocation of grants under this section. (2) Basis.--The Secretary shall base the decision of the Secretary under paragraph (1) on-- (A) plans for improvement in electric and thermal energy productivity consistent with this Act; and (B) other factors determined appropriate by the Secretary, including geographic diversity. (3) Ranking.--The Secretary shall-- (A) rank revised plans submitted under this section in order of the greatest to least likely contribution to improving energy productivity in a State; and (B) provide grants under this section in accordance with the ranking and the scale and scope of a plan. (e) Plan Requirements.--A revised State energy conservation plan submitted under subsection (c) shall provide-- (1) a description of the manner in which-- (A) energy savings will be monitored and verified; (B) a statewide baseline of energy use and potential resources for calendar year 2010 will be established to measure improvements; (C) the plan will promote achievement of energy savings and demand reduction goals; (D) public and private sector investments in energy efficiency will be leveraged, including through banks, credit unions, and institutional investors; and (E) the plan will not cause cost-shifting among utility customer classes or negatively impact low- income populations; and (2) an assurance that-- (A) the State energy office required to submit the plan and the State public service commission are cooperating and coordinating programs and activities under this Act; (B) the State is cooperating with local units of government to expand programs as appropriate; and (C) grants provided under this Act will be used to supplement and not supplant Federal, State, or ratepayer-funded programs or activities in existence on the date of enactment of this Act. (f) Uses.--A State may use grants provided under this section to promote-- (1) the expansion of industrial energy efficiency, combined heat and power, and waste heat-to-power utilization; (2) the expansion of policies and programs that will advance energy efficiency retrofits for public and private commercial buildings, schools, hospitals, and residential buildings (including multifamily buildings) through expanded energy service performance contracts, zero net-energy buildings, or improved building energy efficiency codes; (3) the establishment or expansion of incentives in the electric utility sector to enhance demand response and energy efficiency, including consideration of additional incentives to promote the purposes of section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)), such as appropriate, cost-effective heat and power and waste heat-to- power incentives, financing of energy efficiency programs, data use incentives, district heating, and regular energy audits; and (4) leadership by example, in which State activities involving both facilities and vehicle fleets can be a model for other action to promote energy efficiency and can be expanded with Federal grants provided under this Act. SEC. 5. PHASE 2: SUBSEQUENT ALLOCATION OF GRANTS TO STATES. (a) Reports.--Not later than 18 months after the receipt of grants under section 4, each State that received grants under section 4 may submit to the Secretary a report that describes-- (1) the performance of the programs and activities carried out with the grants; and (2) the manner in which additional funds would be used to carry out programs and activities to promote the purposes of this Act. (b) Grants.-- (1) In general.--Not later than 180 days after the date of the receipt of the reports required under subsection (a), subject to section 7, the Secretary shall use amounts made available under section 8(b)(2) to provide grants to not more than 6 States to carry out the programs and activities described in subsection (a)(2). (2) Amount.--The amount of a grant provided to a State under this section shall be not more than $30,000,000. (3) Basis.--The Secretary shall base the decision of the Secretary to provide grants under this section on-- (A) the performance of the State in the programs and activities carried out with grants provided under section 4; (B) the potential of the programs and activities descried in subsection (a)(2) to achieve the purposes of this Act; (C) the desirability of maintaining a total project portfolio that is geographically and functionally diverse; and (D) the amount of non-Federal funds that are leveraged as a result of the grants to ensure that Federal dollars are leveraged effectively. SEC. 6. ALLOCATION OF GRANTS TO COVERED ENTITIES. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall invite covered entities to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section. (b) Submission of Plans.--To receive a grant under this section, not later than 90 days after the date of issuance of the invitation under subsection (a), a covered entity shall submit to the Secretary a plan to increase electric and thermal energy productivity by the covered entity. (c) Decision by Secretary.-- (1) In general.--Not later than 90 days after the submission of plans under subsection (b), the Secretary shall make a final decision on the allocation of grants under this section. (2) Basis.--The Secretary shall base the decision of the Secretary under paragraph (1) on-- (A) plans for improvement in electric and thermal energy productivity consistent with this Act; (B) plans for continuation of the improvements after the receipt of grants under this Act; and (C) other factors determined appropriate by the Secretary, including-- (i) geographic diversity; (ii) size differences among covered entities; and (iii) equitable treatment of each sector under this section. SEC. 7. ADMINISTRATION. (a) Independent Evaluation.--To evaluate program performance and effectiveness under this Act, the Secretary shall consult with the National Research Council regarding requirements for data and evaluation for recipients of grants under this Act. (b) Coordination With State Energy Conservation Programs.-- (1) In general.--Grants to States under this Act shall be provided through additional funding to carry out State energy conservation programs under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). (2) Relationship to state energy conservation programs.-- (A) In general.--A grant provided to a State under this Act shall be used to supplement (and not supplant) funds provided to the State under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). (B) Minimum funding.--A grant provided to a State shall not be provided to a State for a fiscal year under this Act if the amount of the grant provided to the State for the fiscal year under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is less than $50,000,000. (c) Voluntary Participation.--The participation of a State or covered entity in a challenge established under this Act shall be voluntary. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $200,000,000 for fiscal years 2014 through 2017. (b) Allocation.--Of the total amount of funds made available under subsection(a)-- (1) 30 percent shall be used to provide an initial allocation of grants to States under section 4; (2) 52\1/2\ percent shall be used to provide a subsequent allocation of grants to States under section 5; (3) 12\1/2\ percent shall be used to make grants to public power utilities, electric cooperatives, and Indian tribes under section 6; and (4) 5 percent shall be available to the Secretary for the cost of administration and technical support to carry out this Act. SEC. 9. OFFSET. Section 422(f) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082(f)) (as otherwise amended by this Act) is amended-- (1) in paragraph (4), by adding ``and'' after the semicolon at the end; and (2) by striking paragraph (5) through the period at the end of the subsection and inserting: ``(5) $0 for each of fiscal years 2014 through 2017.''.

State Energy Race to the Top Initiative Act of 2013 - Requires the Secretary of Energy (DOE) to establish a voluntary electric and thermal energy productivity challenge grant program to provide support to no more than 25 states for: (1) expanding industrial energy efficiency, combined heat and power, and waste heat-to-power utilization; (2) expanding policies and programs that will advance energy efficiency retrofits for commercial buildings, schools, hospitals, and residential buildings through expanded energy service performance contracts, zero net-energy buildings, or improved building energy efficiency codes; (3) establishing or expanding incentives in the electric utility sector to enhance demand response and energy efficiency; and (4) supporting state activities involving both facilities and vehicle fleets than can be a model for other action to promote energy efficiency. Requires a state to submit to the Secretary a revised state energy conservation plan under the Energy Policy and Conservation Act in order to receive a grant. Authorizes the Secretary to provide grants to no more than six states to provide additional funds for activities to assist energy policy innovation in the states and to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. Authorizes grants to be given to public power utilities, electric cooperatives, and Indian tribes. Amends the Energy Independence and Security Act of 2007 to revoke the authorization of appropriations for FY2014-FY2017 for the Zero Net Energy Commercial Buildings Initiative.

State Energy Race to the Top Initiative Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Economic Sanctions Act of 2016''. SEC. 2. ESTABLISHMENT OF AN ECONOMIC SANCTIONS STRATEGY, COORDINATION, AND PLANNING GROUP. (a) In General.--Subchapter I of chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 316. Economic Sanctions Strategy, Coordination, and Planning Group ``(a) Establishment.--There is established within the Department of the Treasury an Economic Sanctions Strategy, Coordination, and Planning Group (in this section referred to as the `Group'), which shall-- ``(1) be within the Office of Terrorism and Financial Intelligence; and ``(2) report directly to the Secretary of the Treasury. ``(b) Membership.--The members of the Group shall include-- ``(1) the Undersecretary of the Treasury for Terrorism and Financial Crimes, who shall serve as chairperson of the Group; and ``(2) a senior level representative (selected by the Undersecretary for Terrorism and Financial Crimes) from each of the following offices and bureau of the Department of the Treasury: ``(A) The Office of International Affairs. ``(B) The Office of Economic Policy. ``(C) The Office of Legislative Affairs. ``(D) The Office of Foreign Assets Control. ``(E) The Office of Intelligence and Analysis. ``(F) The Office of Terrorist Financing. ``(G) The Financial Crimes Enforcement Network. ``(c) Functions.-- ``(1) Contingency planning.-- ``(A) In general.--The Group shall conduct contingency planning to enable the Office of Foreign Assets Control to rapidly impose, monitor, and enforce an economic sanctions program against a foreign country or entity pursuant to the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other provision of law. ``(B) Considerations.--The contingency planning required under subparagraph (A) shall be based on and guided by the following considerations: ``(i) The estimated vulnerability of the foreign country or entity to economic sanctions. ``(ii) Whether certain types of economic sanctions will be more effective against the economy of the foreign country or entity. ``(iii) Whether economic sanctions can be imposed against the foreign country or entity with limited costs to the economy of the United States. ``(iv) Whether economic sanctions will be more effective if imposed unilaterally by the United States or in conjunction with other foreign countries and international entities. ``(v) The manner in which economic sanctions will be lifted. ``(2) Strategy to improve united states economic sanctions policy.--The Group shall-- ``(A) review each economic sanctions program administered by the Office of Foreign Assets Control to identify-- ``(i) specific problems with each economic sanctions program; and ``(ii) general problems with United States economic sanctions policy; and ``(B) create a strategy to improve each economic sanctions program administered by the Office of Foreign Assets Control and United States economic sanctions policy. ``(3) Interagency coordination.--The Undersecretary for Terrorism and Financial Crimes shall-- ``(A) coordinate the development of United States economic sanctions policy with the Department of State, Department of Defense, Department of Justice, Department of Commerce, National Security Council, Office of the Director of National Intelligence, and any other executive agency as the President may designate; and ``(B) ensure that information related to United States economic sanctions policy is shared equally between the departments and entities described in subparagraph (A). ``(d) Meetings.--The Group may not meet less than once per month. ``(e) Support Staff.--The Undersecretary for Terrorism and Financial Crimes or the Secretary of the Treasury may assign on a non- reimbursable basis any personnel of the Department of the Treasury to the Group to assist the Group in carrying out the functions under subsection (c). ``(f) Consultations.--In carrying out the functions under subsection (c), the Group may consult with policy experts from academia, research organizations, the private sector, and other relevant organizations and institutions. ``(g) Annual Reports to Congress.-- ``(1) In general.--Not later than July 1, 2017, and annually thereafter, the Group shall submit to the Committees on Foreign Affairs and Ways and Means of the House of Representatives, the Committees on Foreign Relations and Banking, Housing, and Urban Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report which-- ``(A) shall include-- ``(i) an overview of the contingency planning described in subsection (c)(1); ``(ii) an annex of the problems identified pursuant to subsection (c)(2)(A); ``(iii) the strategy created under subsection (c)(2)(B); ``(iv) an overview of the interagency coordination described in subsection (c)(3); ``(v) an annex of the policy experts with whom the Group consulted under subsection (f); and ``(vi) a comprehensive sanctions impact assessment; and ``(B) may include a classified index and closed briefings for the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. ``(2) Components of comprehensive sanctions impact assessment.--The comprehensive sanctions impact assessment required under paragraph (1)(A)(vi)-- ``(A) may be completed using a variety of social scientific research methods, including quantitative research methods, qualitative research methods, econometrics, and formal modeling; and ``(B) shall include-- ``(i) an assessment of each economic sanctions program administered by the Office of Foreign Assets Control, including the impact of the sanctions on the economy of the foreign country or entity, the impact of the sanctions on the economy of the United States, and, if applicable, the behavioral changes of the foreign country or entity in response to the sanctions; and ``(ii) an annex of the social scientific research methods that were used to complete each assessment under clause (i). ``(3) Public availability.--Each report submitted under this subsection, excluding classified information, shall be made publicly available on the website of the Department of the Treasury and may be amended as an economic sanctions program is lifted or modified. ``(h) Definitions.--In this section: ``(1) Executive agency.--The term `executive agency' has the meaning given the term in section 105 of title 5, United States Code. ``(2) United states economic sanctions policy.--The term `United States economic sanctions policy' means the measures by which the Department of the Treasury develops, implements, monitors, enforces, and lifts sanctions against a foreign country or entity pursuant to the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other provision of law.''. (b) Conforming Amendment.--Section 312(a)(6) of such title is amended by adding at the end the following new subparagraph: ``(G) The Economic Sanctions Strategy, Coordination, and Planning Group, which shall report directly to the Secretary of the Treasury.''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 3 of such title is amended by inserting after the item relating to section 315 the following new item: ``316. Economic Sanctions Strategy, Coordination, and Planning Group.''.

Improving Economic Sanctions Act of 2016 This bill establishes within the Office of Terrorism and Financial Intelligence of the Department of the Treasury an Economic Sanctions Strategy, Coordination, and Planning Group. The group shall conduct contingency planning to enable the Office of Foreign Assets Control (OFAC) to impose, monitor, and enforce a program of economic sanctions against a foreign country or entity pursuant to the International Emergency Economic Powers Act. The group shall: (1) review OFAC economic sanctions programs to identify specific problems with such programs and general problems with U.S. economic sanctions policy, and (2) create a strategy to improve such programs and policy. The Office of Terrorism and Financial Crimes shall coordinate the development of U.S. economic sanctions policy with the Departments of State, Defense, Justice, and Commerce; the National Security Council; and the Office of the Director of National Intelligence.

Improving Economic Sanctions Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Nuclear Proliferation Prevention Act of 1998''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Iran remains the world's leading sponsor of international terrorism and is on the Department of State's list of countries that provide support for acts of international terrorism. (2) Iran has repeatedly called for the destruction of Israel and Iran supports organizations, such as Hizballah, Hamas, and the Palestine Islamic Jihad, which are responsible for terrorist attacks against Israel. (3) Iranian officials have stated their intent to complete at least three nuclear power plants by 2015 and are currently working to complete the Bushehr nuclear power plant located on the Persian Gulf coast. (4) The United States has publicly opposed the completion of reactors at the Bushehr nuclear power plant because the transfer of civilian nuclear technology and training could help to advance Iran's nuclear weapons program. (5) In an April 1997 hearing before the Subcommittee on Near Eastern and South Asian Affairs of the Committee on Foreign Relations of the Senate, the former Director of the Central Intelligence Agency, James Woolsey, stated that through the operation of the nuclear power reactor at the Bushehr nuclear power plant, Iran will develop substantial expertise relevant to the development of nuclear weapons. (6) Construction of the Bushehr nuclear power plant was halted following the 1979 revolution in Iran because the former West Germany refused to assist in the completion the plant due to concerns that completion of the plant could provide Iran with expertise and technology which could advance Iran's nuclear weapons program. (7) Iran is building up its offensive military capacity in other areas as evidenced by its recent testing of engines for ballistic missiles capable of carrying 2,200 pound warheads more than 800 miles, within range of strategic targets in Israel. (8) In January 1995 Iran signed a $780,000,000 contract with the Russian Federation for Atomic Energy (MINATOM) to complete a VVER-1000 pressurized-light water reactor at the Bushehr nuclear power plant. (9) In March of 1998, Russia confirmed its intention to complete work on the two reactors at the Bushehr nuclear power plant and agreed in principle to the construction of two more reactors at the Bushehr site. (10) At least one reactor could be operational within a few years and it would subsequently provide Iran with substantial expertise to advance its nuclear weapons program. (11) Iran ranks tenth among the 105 nations receiving assistance from the technical cooperation program of the International Atomic Energy Agency. (12) Between 1995 and 1999, the International Atomic Energy Agency has provided and is expected to provide a total of $1,550,000 through its Technical Assistance and Cooperation Fund for the Iranian nuclear power program, including reactors at the Bushehr nuclear power plant. (13) The United States provides annual contributions to the International Atomic Energy Agency which total more than 25 percent of the annual assessed budget of the Agency and the United States also provides annual voluntary contributions to the Technical Assistance and Cooperation Fund of the Agency which total approximately 32 percent ($16,000,000 in 1996) of the annual budget of the program. (14) The United States should not voluntarily provide funding for the completion of nuclear power reactors which could provide Iran with substantial expertise to advance its nuclear weapons program and potentially pose a threat to the United States or its allies. (15) Iran has no need for nuclear energy because of its immense oil and natural gas reserves which are equivalent to 9.3 percent of the world's reserves and Iran has 73,000,000,000 cubic feet of natural gas, an amount second only to the natural gas reserves of Russia. SEC. 3. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL ATOMIC ENERGY AGENCY FOR PROGRAMS AND PROJECTS IN IRAN. Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) is amended by adding at the end the following: ``(d) Notwithstanding subsection (c), the limitations of subsection (a) shall apply to programs and projects of the International Atomic Energy Agency in Iran, unless the Secretary of State makes a determination in writing to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate pursuant to section 4(a)(1) of the Iran Nuclear Proliferation Prevention Act of 1998, that such programs and projects are consistent with United States nuclear nonproliferation and safety goals and will not provide Iran with training or expertise relevant to the development of nuclear weapons.''. SEC. 4. ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS AND PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY AGENCY; UNITED STATES OPPOSITION TO PROGRAMS AND PROJECTS OF THE AGENCY IN IRAN. (a) Annual Review.-- (1) In general.--The Secretary of State shall undertake a comprehensive annual review of all programs and projects of the International Atomic Energy Agency in the countries described in section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)) and shall determine if such programs and projects are consistent with United States nuclear nonproliferation and safety goals. (2) Report.--Not later than 1 year after the date of the enactment of this Act and on an annual basis thereafter for 5 years, the Secretary shall prepare and submit to the Congress a report containing the results of the review under paragraph (1). (b) Opposition to Certain Programs and Projects of International Atomic Energy Agency.--The Secretary of State shall direct the United States representative to the International Atomic Energy Agency to oppose programs of the Agency that are determined by the Secretary under the review conducted under subsection (a)(1) to be inconsistent with nuclear nonproliferation and safety goals of the United States. SEC. 5. REPORTING REQUIREMENTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act and on an annual basis thereafter for 5 years, the Secretary of State, in consultation with the United States representative to the International Atomic Energy Agency, shall prepare and submit to the Congress a report that-- (1) describes the total amount of annual assistance to Iran from the International Atomic Energy Agency, a list of Iranian officials in leadership positions at the Agency, the expected timeframe for the completion of the nuclear power reactors at the Bushehr nuclear power plant, and a summary of the nuclear materials and technology transferred to Iran from the Agency in the preceding year which could assist in the development of Iran's nuclear weapons program; and (2) contains a description of all programs and projects of the International Atomic Energy Agency in each country described in section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)) and any inconsistencies between the technical cooperation and assistance programs and projects of the Agency and United States nuclear nonproliferation and safety goals in these countries. (b) Additional Requirement.--The report required to be submitted under subsection (a) shall be submitted in an unclassified form, to the extent appropriate, but may include a classified annex. SEC. 7. SENSE OF THE CONGRESS. It is the sense of the Congress that the United States Government should pursue internal reforms at the International Atomic Energy Agency that will ensure that all programs and projects funded under the Technical Cooperation and Assistance Fund of the Agency are compatible with United States nuclear nonproliferation policy and international nuclear nonproliferation norms. Passed the House of Representatives October 20, 1998. Attest: Clerk.

Iran Nuclear Proliferation Prevention Act of 1998 - Amends the Foreign Assistance Act of 1961 to withhold U.S. voluntary contributions from programs and projects of the International Atomic Energy Agency in Iran unless the Secretary of State makes a determination in writing to certain congressional committees that such programs and projects are consistent with U.S. nuclear nonproliferation and safety goals and will not provide Iran with training or expertise relevant to nuclear programs' development. Instructs the Secretary to review and report to the Congress annually for five years on all Agency programs and projects in specified countries to determine if they are consistent with U.S. nuclear nonproliferation and safety goals. Requires the Secretary to direct the U.S. representative to the Agency to oppose Agency programs determined inconsistent with U.S. nuclear nonproliferation and safety goals. Directs the Secretary to report annually to the Congress for five years on specified aspects of annual Agency assistance to Iran, including nuclear materials technology transfer, and inconsistencies between Agency technical assistance programs and U.S. nuclear nonproliferation and safety goals. Expresses the sense of the Congress that the United States should pursue internal Agency reforms that will ensure that all programs funded under the Technical Cooperation and Assistance Fund are compatible with U.S. nuclear nonproliferation policy and international nuclear nonproliferation norms.

Iran Nuclear Proliferation Prevention Act of 1998

SECTION 1. POLICY TOWARD THE FORMER SOVIET UNION. (a) Findings.--The Congress finds that-- (1) if the transformation of the totalitarian Soviet Union to independent states does not result in the creation of free market economies and functioning democracies, there is a real threat of economic and social collapse, the reemergence of threatening totalitarian states, and the continued rapid production of conventional weapons and weapons of mass destruction; (2) the national security interests of the United States are best served by stable, democratic societies and free markets in Russia and the other former Soviet republics; (3) the economic interests of the United States are best served by the full integration of Russia and the other former Soviet republics into world markets; and (4) the transformation into working democracies with open market economies is primarily the responsibility of the former republics themselves, but the rest of the world can make significant contributions to this effort, linking such contributions to well-planned reform programs. (b) Policy.--It is the sense of the Congress that-- (1) it should be the goal of United States policy toward the former Soviet Union to help Russia and the other former Soviet republics, and the Baltic states, achieve economic and political stability through the establishment of democratic states with free market economies that are integrated into the international market economy and political community; (2) the President should immediately begin consultations with the Congress with respect to, and promptly prepare and transmit to the Congress, a comprehensive plan to assist Russia, and those former Soviet republics with democratically elected governments which are moving toward free market economies; and (3) this plan should include expeditious action-- (A) to provide prompt humanitarian assistance when necessary to prevent life-threatening shortages of food and urgently needed medical supplies; (B) to combat the proliferation of nuclear weapons and components and nuclear weapons technology; (C) to provide technical and economic assistance to facilitate the emergence of free market economies and democratic institutions; and (D) to help the former Soviet republics draft laws, establish political and legal structures, and build institutions that facilitate open, democratic, free market societies that protect individual rights. SEC. 2. REPAYMENT ARRANGEMENTS FOR UNITED STATES ASSISTANCE. (a) Reimbursement Arrangements.--Assistance provided to Russia and other former Soviet republics, or any successor entity, shall be conditioned, to the extent that the President determines to be appropriate after consultation with the recipient government, upon the agreement of the recipient government to reimburse the United States Government within seven years for the cost of such assistance from natural resources or other materials available to the recipient government. (b) Reports to the Congress.--At the end of each fiscal year in which assistance is provided to Russia and the other former Soviet republics, the President shall provide a report to the Committee on Foreign Affairs in the House, the Committee on Foreign Relations in the Senate, the Committee on Armed Service of the House of Representatives and Senate, and the Committee on Appropriations of the House of Representatives and Senate, which shall at a minimum, set forth-- (1) determinations made by the President pertaining to natural resource compensation in each case in which assistance is provided to Russia or the other former republics; (2) the status of any ongoing discussions regarding natural resource compensation with governments who the President is considering the provision of assistance; (3) the amount, type and intended date of delivery of any natural resource compensation agreed upon by recipient governments; (4) the amount, type, value and storage location of any natural resource compensation received by the United States Government for assistance to Russia or other former Soviet republics. (c) Use of Natural Resources as Repayment.--The President shall encourage the reimbursement required under subsection (a) to be made through the provision of natural resources, such as oil and petroleum products, and those strategic and critical materials stockpiled under the authority of section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c). SEC. 3. CONDITIONS UNDER WHICH ASSISTANCE IS PROHIBITED. Notwithstanding any other provision of law, no assistance may be provided by the United States to any government of a former Soviet republic which-- (1) has not been freely and democratically chosen, or which is not moving toward a free society, a free market economy, and the privatization of most sectors of the economy; (2) takes action to restrict the emigration of Jews or Christians or otherwise discriminates against Jews or Christians on the basis of their religion; or (3) is providing military or economic assistance to Cuba, North Korea, Vietnam, Angola, or any organization in any country which seeks the violent overthrow of a democratically elected government.

Competitive Consumer Electronics Availability Act of 1995 - Requires the Federal Communications Commission to adopt regulations to assure competitive availability, to consumers of telecommunication services, of converter boxes, interactive communications devices, and other customer premises equipment from manufacturers, retailers, and other vendors not affiliated with any telecommunications system operator. Provides that such regulations shall not prohibit any telecommunications system operator from also offering devices and customer premises equipment to consumers if the system operator's charges to consumers for such devices and equipment are separately stated and not bundled with or subsidized by charges for any telecommunications service. Authorizes the Commission to waive a regulation adopted pursuant to this Act for a limited time upon an appropriate showing by a telecommunications system operator that such waiver is necessary to the introduction of a new telecommunications service.

To provide the President with the authority to negotiate agreements with the Government of Russia, and other former Soviet republics, providing economic assistance in return for reimbursement from natural resources, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northwest Salmon Recovery Act of 1998''. SEC. 2. FINDINGS. The Congress finds that: (1) In order to deal with significant changes in the Nation's electric utility industry, and to continue to enjoy the considerable benefits the Pacific Northwest receives from the Federal Columbia River Power System through the Bonneville Power Administration, new tools are needed to ensure that the electric power customers of the Administration repay all the costs associated with the system, including the public obligations to restore fish and wildlife, meet treaty and trust obligations, and pay the United States Treasury and the Washington Public Power Supply System bondholders. (2) In addition, new tools are needed to ensure salmon recovery and promote conservation and renewable resources in the Pacific Northwest region. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Administration'' means the Bonneville Power Administration. (2) The term ``Administrator'' means the Administrator of the Bonneville Power Administration. (3) The term ``Council'' means the Pacific Northwest Electric Power and Conservation Planning Council established by the Pacific Northwest Electric Power Planning and Conservation Act. (4) The term ``Commission'' means the Federal Energy Regulatory Commission. (5) The terms ``region'' and ``Pacific Northwest'' have the meaning provided for such terms by section 3(11) of the Pacific Northwest Electric Power Planning and Conservation Act. (6) The term ``Secretary'' means the Secretary of the Interior. (7) The term ``States'' means the States of Oregon, Washington, Idaho, Montana, and Alaska. (8) The term ``tribes'' means the following federally recognized Indian tribes: Confederated Salish and Kootenai Tribes, Shoshone-Bannock Tribe, Nez Perce Tribe, Kootenai Tribe of Idaho, Coeur d'Alene Tribe, Shoshone-Paiute Tribes, Burns- Paiute Tribe, Confederated Tribes of Warm Springs, Confederated Tribes of Umatilla, and Confederated Tribes of Yakama, Spokane Tribe, Colville Tribe, and Kalispel Tribe. (9) The term ``unified plan'' means the unified plan developed under section 4 of this Act. (10) The term ``WPPSS'' means the Washington Public Power Supply System. SEC. 4. GOVERNANCE. The Secretary of the Interior shall, in consultation with the Federal, State, and tribal governments in the Pacific Northwest, develop a unified plan for salmon recovery in the region by December 31, 1999. The goal of this plan shall be to restore sustainable, naturally reproducing salmon populations to support tribal and nontribal harvest and cultural and economic practices. The plan shall address treaty, trust, and Endangered Species Act responsibilities, the fish mitigation and enhancement requirements of the Pacific Northwest Electric Power Planning and Conservation Act, the water quality standards under the Clean Water Act, and the United States-Canada Pacific Salmon Treaty commitments. Implementation of the unified plan and the Northwest Power Planning Council's fish and wildlife program shall be overseen by the Secretary of the Interior. The Secretary shall promulgate a rule, in accordance with the applicable requirements of title 5 of the United States Code, applicable environmental requirements, and other applicable requirements of law, containing the plan developed under this section. SEC. 5. FISCAL ACCOUNTABILITY. (a) Accounting System.-- (1) Requirements.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Energy and the Secretary of the Treasury, in consultation with the Office of Management and Budget and the General Accounting Office, shall establish an accounting system for the Administration that meets each of the following requirements: (A) Repayment of costs to the united states treasury.--The accounting system shall ensure that all costs repayable to the United States Treasury are paid in a timely manner. The accounting system shall provide for independent, outside reviews of Administration repayment studies and include the views of the Federal Energy Regulatory Commission. Such reviews shall assess assumptions and methodologies, application of appropriate interest rates, and whether all power- related costs are included for repayment. (B) Fish and wildlife costs.--The accounting system shall properly and accurately identify costs allocable to compliance with the restoration of fish and wildlife in the region, including treaty, trust, and Endangered Species Act responsibilities of the Administrator, the fish mitigation and enhancement requirements of the Pacific Northwest Electric Power Planning and Conservation Act, and the water quality standards under the Clean Water Act. The Administration is prohibited from allocating to fishery restoration accounts the costs of spills or releases of water that result in power loss or which are required for purposes of flood control, irrigation, navigation, or other authorized activities. (2) Accounting principles and requirements.--The accounting system shall provide procedures to ensure regular consultation with Federal, State, and tribal governments in the region, tracking of the costs associated with each of the Administrator's significant responsibilities, including those referred to in paragraph (1). (3) Public availability.--The system shall contain procedures to ensure that the books and records of the Administration, including all accounting records regarding the costs allocated to fishery restoration, public purposes, and the WPPSS debt, are available to the public. (4) Compliance.--The system shall contain procedures for the filing of complaints with the Secretary of Energy by interested persons seeking to ensure compliance with this section. (b) Fish and Wildlife Budget Management and Accountability.--The Secretaries of the Interior, Energy, Commerce, and the Army shall implement (until the unified plan takes effect) the Memorandum of Agreement and Annex on Budget Management and Accountability adopted in September 1996, including procedures for effective regional involvement and accountability in the expenditure of moneys from the Administration's fund pursuant to section 4(h)(10) of the Pacific Northwest Electric Power Planning and Conservation Act. The following procedures shall apply to administration of the Memorandum of Agreement and the unified plan: (1) Open and accurate methods for tracking the funding, implementation, and performance of activities. (2) Independent scientific review of activities funded pursuant to this Act. Such independent scientific review shall be undertaken by an independent scientific advisory board appointed by the Secretary of the Interior, in consultation with the region's State and tribal governments. Appointments to the Board will take into account recommendations from the chair of the National Research Council. (3) Coordinated and integrated project prioritization processes for selection of activities (under both the unified plan and the Council's fish and wildlife program) to be funded pursuant to this Act to be implemented by State and tribal governments and the Secretaries of the Interior, Energy, Commerce, and the Army for all fish and wildlife expenditures pursuant to this Act, using consistent criteria that allow for choices among direct, reimbursable and capital, and other expenditure categories. (4) Effective procedures for resolution of disputes regarding budget management and accountability. (c) Repeal.--Section 4(h)(10)(D) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839b(h)(10)(D)) is hereby repealed. SEC. 6. PAYMENTS TOWARD THE NATURAL RESOURCES RECOVERY FUND AND THE WPPSS DEBT. (a) Natural Resources Recovery Fund.-- (1) Establishment.--The Secretary of the Interior shall establish a Natural Resources Recovery Fund. The Fund shall be managed by the Secretary. (2) Uses of fund.--The Secretary of the Interior shall expend amounts in the Fund in a manner consistent with the Memorandum of Agreement referred to in section 5 until the unified plan takes effect. When the unified plan takes effect, the Fund shall be administered in a manner consistent with such unified plan. If no unified plan exists, the Secretary of the Interior shall allocate funds in consultation with States, tribes, and Federal agencies. Amounts in the Fund shall be used for the restoration of fish and wildlife in the region, including meeting treaty, trust, and Endangered Species Act responsibilities, the fish mitigation and enhancement requirements of the Pacific Northwest Electric Power Planning and Conservation Act, and implementation of measures necessary to meet the water quality standards under the Clean Water Act. Moneys in the Fund may also be used to promote conservation and renewable energy projects. (3) Source of monies.--All fees collected under paragraph (4) shall be deposited in the Fund, and such fees shall be available without further appropriation for the purposes set forth in paragraph (2). (4) Distribution fee.--Each public and investor-owned utility that purchases electric power from the Administrator and makes retail sales of electric power in the region shall collect and deposit in the Fund a fee in the amount of 3 mills per kilowatt hour on all retail electric power sales made by such utility in the region during the 15 calendar years following the date of the enactment of this Act. During such 15-year period, the Administrator shall collect from each direct service industrial customer of the Administrator (as defined in section 3(8) of the Pacific Northwest Electric Power Planning and Conservation Act) a fee in the amount of 3 mills per kilowatt hour. (b) Payments of WPPSS Debt.--In order to ensure that the costs of repayment of Washington Public Power Supply System debt is repaid and fairly allocated to all Administration customers, the Administrator shall establish, collect, and use for repayment of the WPPSS debt each of the following fees and charges: (1) Fee or surcharge for certain new contracts.--The Administrator shall require each direct service industrial customer (as defined in section 3(8) of the Pacific Northwest Electric Power Planning and Conservation Act) that enters into a new contract with the Administrator for the delivery of electric energy by the Administrator during the period beginning after the date of the enactment of this Act and ending in the year 2006 to pay either a fee established by the Administrator or an additional percentage surcharge over the otherwise applicable rates. (2) Exit charge.--The Administrator shall require each wholesale power purchaser receiving electric energy as of the year 2006 that does not enter into a contract with the Administration for the delivery of power after the year 2006 to pay an exit charge in such amount as may be established by the Administrator. (3) Amount of fee, surcharge, or exit charge.--Fees, surcharges, and exit charges received by the Administrator under this subsection shall be established at such level as the Administrator deems necessary to insure that the direct service industrial customers referred to in paragraph (1) and the wholesale power purchasers referred to in paragraph (2) pay an equitable portion of the Washington Public Power Supply System debt based upon each purchaser's historic purchases. (c) Relationship to Rates.--The fees, surcharges, and exit charges imposed as provided in this section shall be in addition to the rates established as provided in sections 7 and 8. SEC. 7. RATES FOR POWER SALES BY BONNEVILLE POWER ADMINISTRATION. (a) Rates, Terms, and Conditions.-- (1) In general.--All rates and charges made, demanded, or received by the Administrator for the sale of electric energy by the Administration to its electric energy customers (other than the fees, surcharges, and charges referred to in section 6) shall recover from such customers, over a reasonable period of years, in accordance with sound business principles, all costs incurred by the United States for the generation and marketing of electric energy sold by the Administration, including meeting treaty, trust, and Endangered Species Act responsibilities, the fish mitigation and enhancement requirements of the Northwest Power Act, and the water quality standards under the Clean Water Act. (2) Commission approval.--Rates established under this section shall become effective only upon a determination by the Commission that such rates meet the requirements of paragraph (1). The Commission may modify proposed rates submitted by the Administrator and establish terms and conditions to meet the requirements of paragraph (1). (b) Existing Rates.--All rates, terms, and conditions for the sale of electric energy at wholesale by the Administration placed into effect on a final basis pursuant to any authority prior to the date of enactment of this Act shall remain in full force and effect unless the Commission determines, after a hearing held upon its own motion or upon complaint, that the rates, terms, and conditions are inconsistent with subsection (a) of this section and establishes new rates, terms, and conditions. Such new rates, terms, and conditions shall not result in rates for such sales that are in excess of the comparable market rate for electricity in the Western System Coordinating Council. SEC. 8. FEDERAL ENERGY REGULATORY COMMISSION REGULATION OF BONNEVILLE POWER ADMINISTRATION TRANSMISSION RATES. (a) In General.--The transmission of electric energy by the Administration shall be subject to the provisions of parts II and III of the Federal Power Act (except sections 204, 207, 209, 214, and 305), and the Commission shall have jurisdiction under such parts II and III over the rates, terms, and conditions of such transmission. Such provisions of the Federal Power Act and the rules, regulations, and policies of the Commission thereunder shall apply to such transmission by the Administration to the same extent and in the same manner as such provisions apply to the transmission of electric energy by a public utility otherwise subject to the jurisdiction of the Commission under part II of such Act, except that rates charged by the Administration for the transmission of electric energy shall be sufficient to recover all costs for compliance with treaty, trust, and Endangered Species Act responsibilities, the fish mitigation and enhancement requirements of the Pacific Northwest Electric Power Planning and Conservation Act, and the water quality standards under the Clean Water Act. (b) Separation.--(1) The financial and accounting system established for the Administration under section 5 shall assure the separation of all costs, revenues, and other fiscal matters associated with transmission from the costs, revenues, and other fiscal matters associated with power sales. The Commission shall review and approve or disapprove such administrative separation and assure that only costs properly allocable to transmission rates are recovered through transmission rates. Nothing in this paragraph shall be construed to limit or affect the authority of the Administrator to impose a transmission fee as part of cost recovery measures under subsection (c)(1)(B)(ii). (2) Except for purposes of assuring such transmission access as is necessary for purposes of meeting treaty, trust, and Endangered Species Act responsibilities, the fish mitigation and enhancement requirements of the Northwest Power Act, and the water quality standards under the Clean Water Act, the Commission shall take such steps as may be necessary to assure that no preference is accorded to the Administration for the transmission of power sold by the Administration. (c) Cost Recovery Adjustment.--(1) Whenever, during the period beginning October 1, 2001, and ending September 30, 2016, the Administrator, in accordance with account procedures established under section 5, determines that either-- (A) the Administration's reserves have fallen below $800,000,000, or (B) a 10-year forecast indicates that in any 1 future year, the Administration has less than a 95 percent probability of meeting a payment to the United States Treasury, the Administrator shall submit to the Commission a transmission rate increase under this subsection and implement the following cost recovery measures designed to correct, within 5 years, such reserve deficiency or reduced payment ability forecast: (i) the Administrator shall adjust wholesale power rates (up to the market rate for electricity in the Western System Coordinating Council) to meet the revenue requirement set forth in subparagraph (A) or (B), as the case may be; and (ii) if increasing wholesale rates up to the market rate of electricity in the Western System Coordinating Council is not sufficient to meet such requirement, the Administrator shall implement a transmission fee to generate revenues sufficient to meet such requirement but not in excess of $100,000,000 a year. (2) The Commission shall approve, disapprove, or modify any transmission rate increase submitted under this subsection within 30 days after the date of submission. The Commission shall approve such increase if the Commission determines that such rate increase meets the requirements of this subsection and that the Administrator has taken reasonable steps to avoid such increase by using its authority under section 4(h)(10)(C) of the Pacific Northwest Electric Power, Planning and Conservation Act (16 U.S.C. 838b(h)(10)(D)).

Northwest Salmon Recovery Act of 1998 - Instructs the Secretary of the Interior to develop a unified plan for salmon recovery in the Pacific Northwest region whose goal is to restore sustainable naturally reproducing salmon populations to support tribal and nontribal harvest, cultural, and economic practices. (Sec. 4) Requires such plan to address: (1) treaty, trust, and Endangered Species Act responsibilities; (2) specified statutory requirements governing fish mitigation and enhancement; (3) water quality standards under the Clean Water Act; and (4) the United States-Canada Pacific Salmon Treaty commitments. (Sec. 5) Directs the Secretaries of Energy and of the Treasury to establish an accounting system for the Bonneville Power Administration that meets prescribed criteria. Directs the Secretaries of the Interior, Energy, Commerce, and the Army to implement a specified Memorandum of Agreement and Annex adopted in 1996, including procedures for effective regional involvement and accountability in the expenditure of moneys from the Administration's fund. Prescribes administrative procedures applicable to such Memorandum of Agreement and to the unified plan. Repeals the mandate to the Northwest Planning Council to appoint an Independent Scientific Review Panel. (Sec. 6) Directs the Secretary of the Interior to establish a Natural Resources Recovery Fund for fish and wildlife restoration in the Pacific Northwest region, and for conservation and renewable energy projects. Directs the Administrator to assess specified fees and charges to ensure that the repayment costs of Washington Public Power Supply System debt is repaid and allocated to all Administration customers. Provides that such fees and charges shall be in addition to: (1) rates for power sales by the Administration; and (2) Administration transmission rates. (Sec. 7) Requires that all rates and charges received for the sale of electric energy by the Administration to its electric energy customers recover all federally incurred costs for electric energy generation and marketing, including meeting certain statutory responsibilities. (Sec. 8) Places the transmission of electric energy by the Administration within the purview of the Federal Power Act, and grants the Federal Energy Regulatory Commission jurisdiction over transmission rates, terms, and conditions. Requires rates charged by the Administration for electric energy transmission to be sufficient to recover all costs for compliance with specified statutory responsibilities. Prescribes procedures for cost recovery adjustments by the Administration.

Northwest Salmon Recovery Act of 1998

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Common Sense Middle Class Tax Relief Act of 1996''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.-- Part VII of subchapter B of chapter 1 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. HIGHER EDUCATION TUITION AND FEES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction the amount of qualified higher education expenses paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.-- ``(A) In general.--The amount allowed as a deduction under subsection (a) for any taxable year shall not exceed $10,000. ``(B) Phase-in.--In the case of taxable years beginning in 1996, subparagraph (A) shall be applied by substituting `$5,000' for `$10,000'. ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount allowed as a deduction under subsection (a) (after application of paragraph (1)) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the deduction (determined without regard to this paragraph) as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $60,000 ($80,000 in the case of a joint return), bears to ``(ii) $20,000. ``(C) Modified adjusted gross income.--The term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(i) without regard to this section and sections 911, 931, and 933, and ``(ii) after the application of sections 86, 135, 219 and 469. For purposes of sections 86, 135, 219, and 469, adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(D) Inflation adjustments.-- ``(i) In general.--In the case of a taxable year beginning after 1998, the $60,000 and $80,000 amounts described in subparagraph (B) shall each be increased by an amount equal to-- ``(I) such dollar amounts, 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 1997' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000. ``(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 charged by an educational institution and 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, as an eligible student at an institution of higher education. ``(B) Exception for education involving sports, etc.--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 degree program, or ``(ii) are deductible under this chapter without regard to this section. ``(C) 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. ``(D) Eligible student.--For purposes of subparagraph (A), the term `eligible student' means a student who-- ``(i) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(ii)(I) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education, or ``(II) is enrolled in a course which enables the student to improve the student's job skills or to acquire new job skills. ``(E) Identification requirement.--No deduction shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes the name, age, and taxpayer identification number of such eligible student on the return of tax for the taxable year. ``(2) Institution of higher education.--The term `institution of higher education' means an institution which-- ``(A) is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and ``(B) is eligible to participate in programs under title IV of such Act. ``(d) Special Rules.-- ``(1) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for qualified higher education expenses with respect to which a deduction is allowable to the taxpayer under any other provision of this chapter unless the taxpayer irrevocably waives his right to the deduction of such expenses under such other provision. ``(B) Dependents.--No deduction shall be allowed under subsection (a) to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(C) Savings bond exclusion.--A deduction shall be allowed under subsection (a) for qualified higher education expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 for the taxable year. ``(2) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a) for any taxable year only to the extent the qualified higher education expenses are in connection with enrollment at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified higher education expenses paid during a taxable year if such expenses are in connection with an academic term beginning during such taxable year or during the first 3 months of the next taxable year. ``(3) Adjustment for certain scholarships and veterans' benefits.--The amount of qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to enrollment at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(5) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(6) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.'' (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) is amended by inserting after paragraph (15) the following new paragraph: ``(16) Higher education tuition and fees.--The deduction allowed by section 220.'' (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 is amended by striking the item relating to section 220 and inserting: ``Sec. 220. Higher education tuition and fees. ``Sec. 221. Cross reference.'' (d) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 1995. SEC. 3. EXCLUSION FOR EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE MADE PERMANENT. (a) In General.--Section 127 (relating to exclusion for employer- provided educational assistance programs) is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994.

Common Sense Middle Class Tax Relief Act of 1996 - Amends the Internal Revenue Code to allow an individual a deduction for the amount of qualified higher education expenses paid by the individual. Limits the amount allowed to $10,000. Provides for a limitation based on modified adjusted gross income and other limitations. Makes permanent the exclusion for employer-provided educational assistance programs.

Common Sense Middle Class Tax Relief Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemember and Veteran Protection Act of 2015''. SEC. 2. DEFERRAL OF STUDENTS LOANS FOR CERTAIN PERIOD IN CONNECTION WITH RECEIPT OF ORDERS FOR MOBILIZATION FOR WAR OR NATIONAL EMERGENCY. (a) Federal Family Education Loans.--Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended-- (1) in the matter preceding clause (i), by striking ``, during any period''; (2) in clause (i), by striking ``during which'' and inserting ``during any period during which''; (3) in clause (ii), by striking ``during which'' and inserting ``during any period during which''; (4) in clause (iii)-- (A) by striking ``during which'' and inserting ``during any period during which''; and (B) in the matter following subclause (II), by striking ``or'' after the semicolon; (5) by redesignating clause (iv) as clause (vi); (6) by inserting after clause (iii) the following: ``(iv) in the case of any borrower who has received a call or order to duty described in subclause (I) or (II) of clause (iii), during the shorter of-- ``(I) the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in subclause (I) or (II) of clause (iii); and ``(II) the 180-day period preceding the first day of such service; ``(v) notwithstanding clause (iv)-- ``(I) in the case of any borrower described in such clause whose call or order to duty is cancelled before the first day of the service described in subclause (I) or (II) of clause (iii) because of a personal injury in connection with training to prepare for such service, during the period described in clause (iv) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and ``(II) in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in subclause (I), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled; and''; and (7) in clause (vi) (as redesignated by paragraph (5)), by striking ``not in excess'' and inserting ``during any period not in excess''. (b) Direct Loans.--Section 455(f)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``during any period''; (2) in subparagraph (A), by striking ``during which'' and inserting ``during any period during which''; (3) in subparagraph (B), by striking ``not in excess'' and inserting ``during any period not in excess''; (4) in subparagraph (C)-- (A) by striking ``during which'' and inserting ``during any period during which''; and (B) in the matter following clause (ii), by striking ``or'' after the semicolon; (5) by redesignating subparagraph (D) as subparagraph (F); (6) by inserting after subparagraph (C) the following: ``(D) in the case of any borrower who has received a call or order to duty described in clause (i) or (ii) of subparagraph (C), during the shorter of-- ``(i) the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in clause (i) or (ii) of subparagraph (C); and ``(ii) the 180-day period preceding the first day of such service; ``(E) notwithstanding subparagraph (D)-- ``(i) in the case of any borrower described in such subparagraph whose call or order to duty is cancelled before the first day of the service described in clause (i) or (ii) of subparagraph (C) because of a personal injury in connection with training to prepare for such service, during the period described in subparagraph (D) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and ``(ii) in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in clause (i), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled; and''; and (7) in subparagraph (F) (as redesignated by paragraph (5)), by striking ``not in excess'' and inserting ``during any period not in excess''. (c) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended-- (1) in the matter preceding clause (i), by striking ``during any period''; (2) in clause (i), by striking ``during which'' and inserting ``during any period during which''; (3) in clause (ii), by striking ``not in excess'' and inserting ``during any period not in excess''; (4) in clause (iii), by striking ``during which'' and inserting ``during any period during which''; (5) by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; (6) by inserting after clause (iii) the following: ``(iv) in the case of any borrower who has received a call or order to duty described in subclause (I) or (II) of clause (iii), during the shorter of-- ``(I) the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in subclause (I) or (II) of clause (iii); and ``(II) the 180-day period preceding the first day of such service; ``(v) notwithstanding clause (iv)-- ``(I) in the case of any borrower described in such clause whose call or order to duty is cancelled before the first day of the service described in subclause (I) or (II) of clause (iii) because of a personal injury in connection with training to prepare for such service, during the period described in clause (iv) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and ``(II) in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in subclause (I), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled;''; (7) in clause (vi) (as redesignated by paragraph (5)), by striking ``not in excess'' and inserting ``during any period not in excess''; and (8) in clause (vii) (as redesignated by paragraph (5)), by striking ``during which'' and inserting ``during any period during which''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to authorize any refunding of any repayment of a loan. (e) Applicability.--The amendments made by this section shall apply with respect to all loans made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (f) Conforming Amendments.--Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is further amended-- (1) in section 428B(d)(1)(A)(ii) (20 U.S.C. 1078- 2(d)(1)(A)(ii)), by striking ``428(b)(1)(M)(i)(I)'' and inserting ``or clause (i)(I), (iv), or (v) of section 428(b)(1)(M)''; and (2) in section 493D(a) (20 U.S.C. 1098f(a)), by striking ``section 428(b)(1)(M)(iii), 455(f)(2)(C), or 464(c)(2)(A)(iii)'' and inserting ``clause (iii) or (iv) of section 428(b)(1)(M), subparagraph (C) or (D) of section 455(f)(2), or clause (iii) or (iv) of section 464(c)(2)(A)''. SEC. 3. MODIFICATION OF BASIS FOR ANNUAL ADJUSTMENTS IN AMOUNTS OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE. (a) In General.--Section 16131(b)(2) of title 10, United States Code, is amended by striking ``equal to'' and all that follows and inserting the following: ``not less than the percentage by which-- ``(A) the average cost of undergraduate tuition in the United States, as determined by the National Center for Education Statistics, for the last academic year preceding the beginning of the fiscal year for which the increase is made, exceeds ``(B) the average cost of undergraduate tuition in the United States, as so determined, for the academic year preceding the academic year described in subparagraph (A).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2015, and shall apply to adjustments in amounts of educational assistance for members of the Selected Reserve that are made for fiscal years beginning on or after that date. SEC. 4. CREDIT PROTECTIONS FOR SERVICEMEMBERS. (a) Active Duty Freeze Alerts.--Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) is amended-- (1) in the heading for such section, by striking ``and active duty alerts'' and inserting ``, active duty alerts, and active duty freeze alerts''; (2) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (3) by inserting after subsection (c) the following: ``(d) Active Duty Freeze Alerts.--Upon the direct request of an active duty military consumer, or an individual acting on behalf of or as a personal representative of an active duty military consumer, a consumer reporting agency described in section 603(p) that maintains a file on the active duty military consumer and has received appropriate proof of the identity of the requester shall-- ``(1) include an active duty freeze alert in the file of that active duty military consumer, and also provide that alert along with any credit score generated in using that file, during a period of not less than 12 months, or such longer period as the Bureau shall determine, by regulation, beginning on the date of the request, unless the active duty military consumer or such representative requests that such freeze alert be removed before the end of such period, and the agency has received appropriate proof of the identity of the requester for such purpose; ``(2) during the 2-year period beginning on the date of such request, exclude the active duty military consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, unless the consumer requests that such exclusion be rescinded before the end of such period; and ``(3) refer the information regarding the active duty freeze alert to each of the other consumer reporting agencies described in section 603(p), in accordance with procedures developed under section 621(f).''; (4) in subsection (e), as so redesignated-- (A) by striking ``extended, and active duty alerts'' and inserting ``extended, active duty, and active duty freeze alerts''; and (B) by striking ``extended, or active duty alerts'' and inserting ``extended, active duty, or active duty freeze alerts''; (5) in subsection (f), as so redesignated-- (A) in the matter preceding paragraph (1), by striking ``or active duty alert'' and inserting ``active duty alert, or active duty freeze alert''; (B) in paragraph (2), by striking ``; and'' and inserting a semicolon; (C) in paragraph (3), by striking the period and inserting ``; and''; and (D) by adding at the end the following: ``(4) paragraphs (1) and (2) of subsection (d), in the case of a referral under subsection (d)(3).''; (6) in subsection (g), as so redesignated, by striking ``or active duty alert'' and inserting ``active duty alert, or active duty freeze alert''; and (7) in subsection (i), as so redesignated, by adding at the end the following: ``(3) Requirements for active duty freeze alerts.-- ``(A) Notification.--Each active duty freeze alert under this section shall include information that notifies all prospective users of a consumer report on the consumer to which the freeze alert relates that the consumer does not authorize the establishment of any new credit plan or extension of credit, including any credit under an open-end credit plan (as defined in section 103(i)), in the name of the consumer, or issuance of an additional card on an existing credit account requested by a consumer, or any increase in credit limit on an existing credit account requested by a consumer. ``(B) Prohibition on users.--No prospective user of a consumer report that includes an active duty freeze alert in accordance with this section may establish a new credit plan or extension of credit, including any credit under an open-end credit plan (as defined in section 103(i)), in the name of the consumer, or issue an additional card on an existing credit account requested by a consumer, or grant any increase in credit limit on an existing credit account requested by a consumer.''. (b) Rulemaking.--The Bureau of Consumer Financial Protection shall prescribe regulations to define what constitutes appropriate proof of identity for purposes of section 605A(d) of the Fair Credit Reporting Act, as amended by this Act. (c) Technical Amendment.--Section 603(q)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)(2)) is amended-- (1) in the heading for such paragraph, by striking ``active duty alert'' and inserting ``active duty alert; active duty freeze alert''; and (2) by inserting ``and `active duty freeze alert''' before ``mean''. SEC. 5. REPORT ON EFFECT ON PRIVACY OF VETERANS BY USE OF SOCIAL SECURITY NUMBERS TO UNIQUELY IDENTIFY VETERANS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the effect on the privacy of veterans of the use of social security numbers to uniquely identify veterans. (b) Contents.--The report required by subsection (a) shall include the following: (1) A description of such actions as the Secretary may have taken to transition the Department of Veterans Affairs from the use of social security numbers to uniquely identify veterans to the use of alternative and safer unique identifiers. (2) A description of such actions as the Secretary may have taken to integrate the use by the Department of Veterans Affairs of such alternative and safer unique identifiers with the usage of unique identifiers by the Department of Defense. (3) In a case in which the Secretary has not taken any actions described in paragraph (1) or (2), an explanation as to why such actions have not been taken and a description of the actions the Secretary will take to protect the privacy of veterans.

Servicemember and Veteran Protection Act of 2015 Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow members of the Armed Forces and National Guard to defer payments of principal on their Federal Family Education Loans, William D. Ford Federal Direct Loans, and Federal Perkins Loans for the period (up to 180 days) beginning on the date they receive a call or order to duty in connection with a war, military operation, or national emergency and ending on their first day of service. (Currently, the payment of principal on those loans is also deferred during their period of service and for the 180-day period after their demobilization date.) Allows individuals whose call to duty is cancelled before their first day of service: (1) due to a service training injury, to defer payments of principal on those loans through what would have been their period of service; and (2) for a reason other than a service training injury, to defer payments of principal on those loans for 14 days after that cancellation. Directs the Secretary of Defense, each fiscal year, to provide an increase in the rates of educational assistance payable to certain members of the Selected Reserve, which shall be not less than the percentage by which the average cost of undergraduate tuition in the United States for the last academic year exceeds the average cost of such tuition for the year before that academic year. (Currently, such percentage increase is based on increases in the Consumer Price Index over such period.) Amends the Fair Credit Reporting Act to require a consumer reporting agency, upon the request of an active duty military consumer or an individual acting on that consumer's behalf, to: include an active duty freeze alert in the file of that consumer and also provide that alert along with any credit score generated in using that file for at least 12 months, exclude the consumer for 2 years from any list of consumers prepared by the agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, and refer the active duty freeze alert information to each of the other consumer reporting agencies that compile and maintain files on consumers on a nationwide basis. Requires each active duty freeze alert to notify prospective users of the consumer's credit report that the consumer does not authorize: (1) the establishment of any new credit plan or extension of credit in the consumer's name, (2) the issuance of an additional card on an existing credit account requested by a consumer, or (3) any increase in the credit limit on an existing credit account requested by a consumer. Prohibits prospective users of the credit report from taking such actions. Directs the Secretary of Veterans Affairs to report to Congress on the effect on the privacy of veterans of the use of social security numbers to uniquely identify veterans.

Servicemember and Veteran Protection Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Donald Payne Sr. Colorectal Cancer Detection Act of 2016''. SEC. 2. MEDICARE COVERAGE FOR FDA-APPROVED QUALIFYING COLORECTAL CANCER SCREENING BLOOD-BASED TESTS. (a) In General.--Section 1861(pp) of the Social Security Act (42 U.S.C. 1395x(pp)) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraph (D) as subparagraph (E); and (B) by inserting after subparagraph (C) the following new subparagraph: ``(D) Qualifying colorectal cancer screening blood-based test.''; and (2) by adding at the end the following new paragraph: ``(3) The term `qualifying colorectal cancer screening blood-based test' means, with respect to a year, a screening blood-based test for the early detection of colorectal cancer furnished in the year that was marketed or used, as applicable, in accordance with the relevant provisions of section 353 of the Public Health Service Act or the Federal Food, Drug, and Cosmetic Act more than 6 months before the beginning of the year.''. (b) Frequency Limits for Colorectal Cancer Screening Tests and Payment Amount for Qualifying Colorectal Cancer Screening Blood-Based Tests.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended-- (1) by amending clause (ii) of paragraph (1)(B) to read as follows: ``(ii) if the test is performed within-- ``(I) the 11 months after a previous screening fecal-occult blood test or a previous qualifying colorectal cancer screening blood-based test; ``(II) the 35 months after a previous screening flexible sigmoidoscopy or a previous screening colonoscopy with adenoma findings; ``(III) the 59 months after a previous screening colonoscopy with small polyp findings; or ``(IV) the 119 months after a previous screening colonoscopy without adenoma findings or small polyp findings.''; (2) in paragraph (2)(E)(ii), by inserting ``or within the 35 months after a previous screening fecal-occult blood test or previous qualifying colorectal cancer screening blood-based test'' after ``sigmoidoscopy''; (3) by amending subparagraph (E) of paragraph (3) to read as follows: ``(E) Frequency limit.--No payment may be made under this part for a colorectal cancer screening test consisting of a screening colonoscopy-- ``(i) if the procedure is performed within the 119 months after a previous screening fecal-occult blood test or previous qualifying colorectal cancer screening blood-based test; ``(ii) for individuals at high risk for colorectal cancer if the procedure is performed within the 23 months after a previous screening colonoscopy; or ``(iii) for individuals not at high risk for colorectal cancer if the procedure is performed within the 119 months after a previous screening colonoscopy or within the 47 months after a previous screening flexible sigmoidoscopy.''; and (4) by adding at the end the following new paragraph: ``(4) Qualifying colorectal cancer screening blood-based tests.-- ``(A) Payment amount.--The payment amount for colorectal cancer screening tests consisting of qualifying colorectal cancer screening blood-based tests shall be established by the Secretary based on a crosswalk to payment amounts for tests for the diagnosis of inherited colorectal cancer by methylation methods. ``(B) Frequency limit.--Paragraph (1)(B) shall apply to colorectal cancer screening tests consisting of qualifying colorectal cancer screening blood-based tests in the same manner as such paragraph applies to colorectal cancer screening tests consisting of fecal- occult blood tests.''. (c) Effective Date.--The amendments made by this section shall apply to colorectal cancer screening tests furnished in a year beginning more than 6 months after the date of the enactment of this Act.

Donald Payne Sr. Colorectal Cancer Detention Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage and payment, subject to specified frequency limits, of certain colorectal cancer screening blood-based tests.

Donald Payne Sr. Colorectal Cancer Detection Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Courts Jurisdiction Clarification Act of 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Resident alien exception. Sec. 3. Citizenship of corporations and insurance companies with foreign contacts. Sec. 4. Removal and remand procedures. Sec. 5. Indexing the amount in controversy. Sec. 6. Facilitating use of declarations to specify damages. Sec. 7. Effective date. SEC. 2. RESIDENT ALIEN EXCEPTION. Section 1332(a) of title 28, United States Code, is amended-- (1) by striking the last sentence; and (2) in paragraph (2), by inserting after ``foreign state'' the following: ``, except that the district courts shall not have original jurisdiction of an action between a citizen of a State and a citizen or subject of a foreign state admitted to the United States for permanent residence and domiciled in the same State''. SEC. 3. CITIZENSHIP OF CORPORATIONS AND INSURANCE COMPANIES WITH FOREIGN CONTACTS. Section 1332(c)(1) of title 28, United States Code, is amended-- (1) by striking ``a corporation'' and all that follows through ``, except'' and inserting ``a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business, except''; and (2) by striking all that follows ``party-defendant,'' and inserting ``such insurer shall be deemed a citizen of-- ``(A) every State and foreign state of which the insured is a citizen; ``(B) every State or foreign state by which the insurer has been incorporated; and ``(C) the State or foreign state where the insurer has its principal place of business; and''. SEC. 4. REMOVAL AND REMAND PROCEDURES. (a) Actions Removable Generally.--Section 1441(c) of title 28, United States Code, is amended to read as follows: ``(c)(1) If a civil action includes-- ``(A) a claim arising under the Constitution, laws, or treaties of the United States (within the meaning of section 1331), and ``(B) a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute, the entire action may be removed if the action would be removable without the inclusion of the claim described in subparagraph (B). ``(2) Upon removal of an action described in paragraph (1), the district court shall sever from the action all claims described in paragraph (1)(B) and shall remand the severed claims to the State court from which the action was removed. Only defendants against whom a claim described in paragraph (1)(A) has been asserted are required to join in or consent to the removal under paragraph (1).''. (b) Procedure for Removal of Civil Actions.--Section 1446 of title 28, United States Code, is amended as follows: (1) The section heading is amended to read as follows: ``Sec. 1446. Procedure for removal of civil actions''. (2) Subsection (a) is amended-- (A) by striking ``or criminal prosecution''; and (B) by striking ``removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing'' and inserting ``removal. The notice of removal shall be signed in the same manner and with the same effect as a pleading, written motion, or other paper in a civil action in a district court of the United States, and shall contain''. (3) Subsection (b) is amended-- (A) by inserting ``(1)'' after ``(b)''; (B) by designating the second paragraph as paragraph (3); (C) by inserting after paragraph (1) (as designated by subparagraph (A) of this paragraph) the following: ``(2) When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action. A defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in subsection (b)(1) to file the notice of removal. During the 30-day period before a defendant files a notice of removal-- ``(A) any other defendant served before the beginning of that 30-day period may consent to the removal by the later- served defendant even though that earlier-served defendant did not previously initiate or consent to removal; and ``(B) any defendant not yet served may join in or consent to the removal.''; (D) in paragraph (3) (as designated by subparagraph (B) of this paragraph), by striking ``action.'' and inserting ``action, unless equitable considerations warrant removal. Such equitable considerations include whether the plaintiff has engaged in manipulative behavior, whether the defendant has acted diligently in seeking to remove the action, and whether the case has progressed in State court to a point where removal would be disruptive.''; and (E) by adding at the end the following: ``(4) If removal of a civil action is sought on the basis of the jurisdiction conferred by section 1332(a), the sum demanded in good faith in the initial pleading shall be deemed to be the amount in controversy, except that-- ``(A) the notice of removal may assert the amount in controversy if the initial pleading seeks-- ``(i) non-monetary relief; or ``(ii) a money judgment, but the State practice either does not permit demand for a specific sum or permits recovery of damages in excess of the amount demanded; and ``(B) removal of the action is proper on the basis of an amount in controversy asserted under subparagraph (A) if the district court finds, by the preponderance of the evidence, that the amount in controversy exceeds the amount specified in section 1332(a). ``(5)(A) In a case to which paragraph (3) applies that is not removable solely because the amount in controversy does not exceed the amount specified in section 1332(a), information relating to the amount in controversy in the record of the State proceeding, or in responses to discovery, shall be treated as an `other paper' under paragraph (3). If the defendant first receives such a paper, through service or otherwise, within 1 year after the commencement of the action and during the trial or within 30 days before the date set for trial, removal may be had only upon a finding that the plaintiff deliberately failed to disclose the actual amount in controversy in order to prevent removal. ``(B) If a finding is made under subparagraph (A) that the plaintiff deliberately failed to disclose the actual amount in controversy in order to prevent removal, and the notice of removal is filed more than 1 year after commencement of the action, that finding shall be deemed to be `equitable considerations' under paragraph (3) that warrant removal.''. (4) Section 1446 is further amended-- (A) by striking subsections (c) and (e); and (B) by redesignating subsections (d) and (f) as subsections (c) and (d), respectively. (c) Procedure for Removal of Criminal Actions.--Chapter 89 of title 28, United States Code, is amended by inserting after section 1446 the following new section: ``Sec. 1446a. Procedure for removal of criminal actions ``(a) Notice of Removal.--A defendant or defendants desiring to remove any criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such prosecution is pending a notice of removal. The notice of removal shall be signed in the same manner and to the same effect as a pleading, written motion, or other paper in a criminal prosecution in a district court of the United States and contain a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. ``(b) Requirements.--(1) A notice of removal of a criminal prosecution shall be filed not later than thirty days after the arraignment in the State court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order granting the defendant or defendants leave to file the notice at a later time. ``(2) A notice of removal of a criminal prosecution shall include all grounds for such removal. A failure to state grounds which exist at the time of the filing of the notice shall constitute a waiver of such grounds, and a second notice may be filed only on grounds not existing at the time of the original notice. For good cause shown, the United States district court may grant relief from the limitations of this paragraph. ``(3) The filing of a notice of removal of a criminal prosecution shall not prevent the State court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the prosecution is first remanded. ``(4) The United States district court in which such notice is filed shall examine the notice promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand. ``(5) If the United States district court does not order the summary remand of such prosecution, it shall order an evidentiary hearing to be held promptly and after such hearing shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the State court in which prosecution is pending, which shall proceed no further. ``(c) Writ of Habeas Corpus.--If the defendant or defendants are in actual custody on process issued by the State court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into custody and deliver a copy of the writ to the clerk of such State court.''. (d) Conforming Amendments.--The table of sections for chapter 89 of title 28, United States Code, is amended-- (1) in the item relating to section 1446, by inserting ``of civil actions'' after ``removal''; and (2) by inserting after the item relating to section 1446 the following new item: ``1446a. Procedure for removal of criminal actions.''. SEC. 5. INDEXING THE AMOUNT IN CONTROVERSY. (a) In General.--Section 1332 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) Effective on January 1, 2011, and January 1 of each fifth year thereafter, the dollar amount then in effect as the minimum amount in controversy applicable under subsection (a) shall be adjusted by an amount, rounded to the nearest $5,000 (or, if midway between multiples of $5,000, to the next higher multiple of $5,000), equal to the percentage of the dollar amount which corresponds to the change in the Consumer Price Index for the month of September of the appropriate year, over the Consumer Price Index for the month of September of the fifth year preceding the appropriate year. ``(2) The Director of the Administrative Office of the United States Courts shall determine the amount of each adjustment under paragraph (1) and, not later than November 15 of the appropriate year, shall submit for publication in the Federal Register the amount (and the percentage change in the Consumer Price Index that is the basis for that amount), and the new minimum amount in controversy to take effect on January 1 of the succeeding calendar year. ``(3) As used in this subsection-- ``(A) the `appropriate year' is the year preceding the year in which the adjustment under paragraph (1) is to take effect; and ``(B) the term `Consumer Price Index' means the Consumer Price Index for All Urban Consumers published by the Department of Labor.''. (b) Conforming Amendment.--Section 1332(a) of title 28, United States Code, is amended by inserting ``as adjusted under subsection (f),'' after ``$75,000,''. SEC. 6. FACILITATING USE OF DECLARATIONS TO SPECIFY DAMAGES. (a) Removal Generally.--Section 1441(a) of title 28, United States Code, is amended by adding at the end the following new sentence: ``If the plaintiff has filed a declaration in State court, as part of or in addition to the initial pleading, providing that the plaintiff will neither seek nor accept an award of damages or entry of other relief exceeding the amount specified in section 1332(a), the case may not be removed on the basis of the jurisdiction under section 1332(a) as long as the plaintiff abides by the declaration and the declaration is binding under the laws and practice of the State. If the plaintiff has filed such a declaration in State court but thereafter fails to abide by that declaration, the defendant or defendants may file a notice of removal within 30 days after receiving, through service or otherwise, a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the plaintiff seeks or is willing to accept an award of damages or other relief exceeding the amount specified in section 1332(a).''. (b) Procedure After Removal.--Section 1447 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(f) Within 30 days after the filing of a notice of removal of a civil action in which the district court's removal jurisdiction rests solely on original jurisdiction under section 1332(a), the plaintiff may file a declaration with the district court providing that the plaintiff will neither seek nor accept an award of damages or entry of other relief exceeding the amount specified in section 1332(a) of this title. Upon the filing of such a declaration, the district court shall remand the action to State court unless equitable circumstances warrant retaining the case.''. SEC. 7. EFFECTIVE DATE. (a) In General.--Subject to subsections (b) and (c), the amendments made by this Act take effect on the date of enactment of this Act, and apply to any action or prosecution commenced on or after such date of enactment. (b) Applicability of Change in Jurisdictional Amount.--Any change in the amount in controversy under section 1332(a) of title 28, United States Code, that is made pursuant to the amendments made by section 5 shall apply to any action or prosecution commenced on or after the date such change becomes effective. (c) Treatment of Cases Removed to Federal Court.--For purposes of subsections (a) and (b ), an action or prosecution commenced in State court and removed to Federal court shall be deemed to commence on the date the action or prosecution was commenced in State court.

Federal Courts Jurisdiction Clarification Act of 2006 - Amends the federal judicial code with respect to jurisdictional rules and the amount in controversy in civil litigation concerning: (1) denial of district court original jurisdiction of an action between a citizen of a state and a resident alien domiciled in the same state; (2) citizenship rules for corporations and insurance companies with foreign contacts; (4) removal procedures for civil and criminal actions and summary remand; (5) indexing of the amount in controversy; and (6) the use of declarations to specify damages.

To amend title 28, United States Code, to clarify the jurisdiction of the Federal courts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Currency Optimization, Innovation, and National Savings Act''. SEC. 2. IMPROVING CIRCULATION AND REMOVING BARRIERS TO CIRCULATION OF $1 COINS. (a) Duties of the Board of Governors of the Federal Reserve System.-- (1) Coin sequestration.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall sequester all $1 coins bearing the design common to those $1 coins minted and issued from 1979-1981 and again in 1999. (B) Treatment of coins.--Coins sequestered pursuant to subparagraph (A) shall not be returned to ordinary circulation or otherwise released form storage controlled by the Federal Reserve System or an agent of the Federal Reserve System. (C) Exception for certain uses.--Notwithstanding subparagraph (B), coins sequestered pursuant to subparagraph (A) may be released, at face value and in bulk quantities-- (i) to dealers in collectible coins; and (ii) to countries that have adopted the United States dollar as their base unit of exchange. (D) Obsolete coins.--At the end of the 1-year period beginning on the date of enactment of this Act, the Secretary of the Treasury shall declare all coins described under subparagraph (A) to be obsolete, and such coins-- (i) shall be treated in the same manner as all other obsolete United States coins; and (ii) to the extent that such coins remain in general circulation, shall remain legal tender. (2) Quarterly report on $1 coins.--The Board of Governors of the Federal Reserve System shall issue quarterly reports to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on-- (A) the number of coins sequestered pursuant to paragraph (1)(A); (B) the number of coins described in paragraph (1)(A) that remain in general circulation; and (C) efforts that have been made to reduce the number of coins described in subparagraphs (A) and (B) to zero. (3) Improvement of circulation.--The Board of Governors of the Federal Reserve System shall-- (A) undertake efforts to improve the circulation and remove barriers to the circulation of the $1 coin, other than those coins described under paragraph (1)(A); (B) issue a quarterly report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on-- (i) what efforts have been made to improve the circulation of $1 coins and what efforts are being planned to improve the circulation of $1 coins; (ii) the success of such efforts, including an analysis of such coins held in storage owned or controlled by the Federal Reserve System and the number such coins in circulation; (iii) barriers to the circulation of such coins, including the availability of such coins in quantities unmixed with the $1 coins described in paragraph (1)(A); and (iv) the extent to which the Federal Reserve System and any agents of the Federal Reserve System are unable to meet end-user requests for delivery of unmixed quantities of such coins in whatever form such end user requires, including rolls, disposable tubes, or volume bags of such coins. (4) Outreach and education.--The Board of Governors of the Federal Reserve System shall, within existing programs, continuously conduct outreach and education programs aimed at helping each business using or accepting cash to choose the best mix of $1 coins and banknotes to facilitate transactions and reduce costs of transactions and of ``cashing out'' at the end of a transaction period. (5) Use of $1 coins by foreign countries.--The Board of Governors of the Federal Reserve System shall work with the Departments of State and Treasury to ensure that countries that have adopted the dollar as a base unit of exchange and which place orders with the Federal Reserve System, or through any United States financial institution, for supplies of $1 monetary units, are fully briefed before placing each such order on the durability and longevity of $1 coins in high- circulation economies when used for transactions of a low dollar value. (b) Publicity Requirement.--Section 5112(p)(2) of title 31, United States Code, is amended by inserting after ``Mint'' the following: ``and the Board of Governors of the Federal Reserve System''. (c) Report on Implementation.--Not later than the end of the 1-year period beginning on the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States and the Inspectors General of the Federal Reserve System and the Bureau of Consumer Financial Protection shall each issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on steps being taken by the Board of Governors of the Federal Reserve System to carry out this Act. (d) Clarification With Respect to Seigniorage.--The ninth proviso of section 5136 of title 31, United States Code, is amended by inserting after ``miscellaneous receipts'' the following: ``, and such amount shall be included as an estimated receipt of the Government and a receipt of the Government under paragraphs (6) and (7), respectively, of section 1105(a) in any budget submitted under such section''. SEC. 3. SAVING TAXPAYERS FUNDS BY TRANSITIONING TO THE USE OF $1 COINS. (a) In General.--It is the policy of the United States that after $1 coins achieve sufficient market penetration such that consumers and retailers are comfortable using $1 coins and are able to obtain adequate supplies of $1 coins, $1 coins should replace $1 Federal Reserve notes as the only $1 monetary unit issued and circulated by the Federal Reserve System. (b) Deadline for Placing $1 Federal Reserve Notes Into Circulation.--Federal Reserve banks may continue to place into circulation $1 Federal Reserve notes until the earlier of-- (1) the date on which the number of $1 coins placed into circulation after the date of the enactment of this Act exceeds 600,000,000 annually; and (2) the date that is 4 years after the date of the enactment of this Act. (c) Transition Period.--After the date referred to in subsection (b), a Federal Reserve bank may not order additional $1 Federal Reserve notes but may, for a period of one year, continue to place into circulation $1 Federal Reserve notes on hand or those deposited with it, except for notes described in subsection (d). (d) Removal of Unfit Currency.--After the date referred to in subparagraph (b), a Federal Reserve bank shall continue to remove unfit currency from circulation, and shall continue to destroy such currency. (e) Exception.--Notwithstanding subsections (b) and (c), the Board of Governors of the Federal Reserve System shall produce such Federal Reserve notes of $1 denomination as the Board of Governors determines from time to time are appropriate solely to meet the needs of collectors of that denomination. Such notes shall be issued by 1 or more Federal Reserve banks in accordance with section 16 of the Federal Reserve Act and sold by the Board of Governors, in whole or in part, under procedures prescribed by the Board of Governors. (f) No Effect on Legal Tender.--Notwithstanding any other subsection of this section, $1 Federal Reserve notes are legal tender in the United States for all debts, public and private, public charges, taxes, and duties, regardless of the date of printing or issue.

Currency Optimization, Innovation, and National Savings Act - Requires the Board of Governors of the Federal Reserve System (Federal Reserve Board) to sequester all $1 coins bearing the design common to those $1 coins minted and issued from 1979-1981 and again in 1999. Allows the release of such sequestered coins to collectible coin dealers and countries that have adopted the U.S. dollar as their base unit of exchange. Directs the Federal Reserve Board to: (1) undertake efforts to improve, and remove barriers to, the circulation of all other $1 coins; and (2) work with the U.S. Mint, consumer groups, media outlets, and schools to publicize the Presidential $1 Coin Program. Declares it is U.S. policy that after consumers and retailers are comfortable using and able to obtain adequate supplies of $1 coins, such $1 coins should replace $1 Federal Reserve notes as the only $1 monetary unit issued and circulated by the Federal Reserve System.

A bill to improve the circulation of $1 coins, to remove barrier to the circulation of such coins, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service Critical Authorities Act of 2012''. SEC. 2. DISTRICT OF COLUMBIA SNOW REMOVAL. The Act of September 16, 1922 (42 Stat. 845, chapter 318) is amended by striking section 3 and inserting the following: ``SEC. 3. DUTIES OF FEDERAL AGENCIES. ``(a) In General.--It shall be the duty of a Federal agency to remove, or cause to be removed, snow, sleet, or ice from any paved sidewalk or crosswalk within the fire limits of the District of Columbia that is-- ``(1) in front of or adjacent to any building that is-- ``(A) owned by the United States; and ``(B) under the jurisdiction of the Federal agency; or ``(2) a public thoroughfare in front of, around, or through any public square, reservation, or open space that is-- ``(A) owned by the United States; and ``(B) under the jurisdiction of the Federal agency. ``(b) Timing.--The removal of snow, sleet, or ice under subsection (a) shall occur within a reasonable period after the snow or sleet ceases to fall or the ice has accumulated, as applicable. ``(c) Application of Sand, Ashes, and Salt.--If snow, sleet, or ice has hardened and cannot be removed from a sidewalk or crosswalk described in subsection (a), the Federal agency shall-- ``(1) make the sidewalk or crosswalk reasonably safe for travel by applying sand, ashes, salt, or other acceptable materials to the affected sidewalk or crosswalk; and ``(2) as soon as practicable, thoroughly remove the snow, sleet, or ice from the affected sidewalk or crosswalk. ``(d) Authority To Delegate.--A Federal agency may delegate the duty of the Federal agency under subsections (a) and (c) to another governmental entity or a nongovernmental entity under a lease, contract, or other comparable arrangement. ``(e) Agreement.--If 2 or more Federal agencies have overlapping responsibility for a sidewalk or crosswalk, the Federal agencies may enter into an agreement assigning responsibility for the removal of snow, sleet, or ice from the sidewalk or crosswalk.''. SEC. 3. GEORGE WASHINGTON MEMORIAL PARKWAY. (a) Purpose.--The purpose of this section is to authorize, direct, facilitate, and expedite the transfer of administrative jurisdiction over certain Department of Transportation land and Department of the Interior land in accordance with the terms and conditions of this section. (b) Definitions.--In this section: (1) Agreement.--The term ``Agreement'' means the agreement entered into by the Federal Highway Administration and the National Park Service on September 11, 2002, with respect to the Federal land described in this section. (2) DOI land.--The term ``DOI land'' means the approximately 0.342 acres of Department of the Interior land that is-- (A) located within the boundary of the George Washington Memorial Parkway; and (B) generally depicted as ``B'' on the Map. (3) DOT land.--The term ``DOT land'' means the approximately 0.479 acres of Department of Transportation land within the boundary of the Research Center that is-- (A) adjacent to the boundary of the George Washington Memorial Parkway; and (B) generally depicted as ``A'' on the Map. (4) Map.--The term ``Map'' means the map entitled ``GWMP- Claude Moore Farm Proposed Boundary Adjustment'', numbered 850/ 82003, and dated April 2004. (5) Research center.--The term ``Research Center'' means the Turner-Fairbank Highway Research Center of the Federal Highway Administration. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Administrative Jurisdiction.-- (1) In general.--The Secretary may transfer to the Secretary of Transportation administrative jurisdiction over the DOI land in exchange for the transfer by the Secretary of Transportation to the Secretary of administration jurisdiction over the DOT land. (2) Use restriction.-- (A) In general.--The Secretary shall restrict the use of the land described in subparagraph (B) by prohibiting the storage, construction, or installation of any item that may obstruct the view from the Research Center to the George Washington Memorial Parkway. (B) Description of restricted land.--The land referred to in subparagraph (A) is the approximately 0.139 acres of land within the boundary of the George Washington Memorial Parkway immediately adjacent to the north perimeter fence of the Research Center, generally depicted as ``C'' on the Map. (3) No reimbursement or consideration.--No reimbursement or consideration shall be required for the transfer of administrative jurisdiction under this subsection. (4) Compliance with agreement.-- (A) In general.--The National Park Service and the Federal Highway Administration shall comply with all terms and conditions of the Agreement regarding the transfer of administrative jurisdiction, management, and maintenance of the land described in the Agreement. (B) Access to restricted land.-- (i) In general.--Subject to clauses (ii) and (iii), the Secretary shall allow the Research Center to access the land described in paragraph (2)(B) for purposes of maintenance in accordance with National Park Service standards, including grass mowing, weed control, tree maintenance, fence maintenance, and maintenance of the visual appearance of the land. (ii) Pruning and removal of trees.--No tree on the land described in paragraph (2)(B) that is 6 inches or more in diameter shall be pruned or removed without the advance written permission of the Secretary. (iii) Pesticides.--The use of pesticides on the land described in paragraph (2)(B) shall be approved in writing by the Secretary prior to application of the pesticides. (5) Availability of map.--The Map shall be available for public inspection in the appropriate offices of the National Park Service. (d) Management of Transferred Land.-- (1) DOT land.--The DOT land transferred to the Secretary under subsection (c)(1) shall be-- (A) included in the boundaries of the George Washington Memorial Parkway; and (B) administered as part of the George Washington Memorial Parkway, subject to applicable laws (including regulations). (2) DOI land.--The DOI land transferred to the Secretary of Transportation under subsection (c)(1) shall be-- (A) included in the boundary of the Research Center; and (B) removed from the boundary of the parkway. (3) Restricted-use land.--The land described in subsection (c)(2)(B) shall be maintained by the Research Center. SEC. 4. UNIFORM PENALTIES FOR VIOLATIONS ON PARK SERVICE LAND. (a) In General.--The first section of the Act of March 2, 1933 (47 Stat. 1420, chapter 180), is amended by striking ``imprisonment.'' and inserting the following: ``imprisonment, unless the violation occurs at a park, site, monument, or memorial that is part of the National Park System, in which case the violation shall be subject to the appropriate penalty under section 3 of the National Park Service Organic Act (16 U.S.C. 3) and subchapter C of chapter 227 of part II of title 18, United States Code.''. (b) Administration by Secretary of the Interior.--Section 2(k) of the Act of August 21, 1935 (16 U.S.C. 462(k)), is amended by striking ``proceedings.'' and inserting the following: ``proceedings, unless the violation occurs at an area that is part of the National Park System, in which case the violation shall be subject to the appropriate penalty under section 3 of the National Park Service Organic Act (16 U.S.C. 3) and subchapter C of chapter 227 of part II of title 18, United States Code.''.

National Park Service Critical Authorities Act of 2012 - Revises provisions regarding the removal of snow and ice around federal buildings in the District of Columbia. Permits the Federal Highway Administration (FHA) and the National Park Service (NPS) to exchange lands in Virginia along the George Washington Memorial Parkway affecting access to the Claude Moore Historical Farm and security at the FHA's Turner-Fairbank Highway Research Center and the Central Intelligence Agency (CIA) complex adjacent to the farm. Revises specified current penalty provisions applicable to the National Park System to provide for the uniform application throughout the System of specified penalty provisions of the National Park Service Organic Act and the federal criminal code.

To provide for several critical National Park Service authorities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian-American Trust and Cooperation Act of 2000''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The Government of the Russian Federation maintains an agreement with the Government of Cuba which allows Russia to operate an intelligence facility at Lourdes, Cuba. (2) The Secretary of Defense has formally expressed concerns to the Congress regarding the espionage complex at Lourdes, Cuba, and its use as a base for intelligence activities directed against the United States. (3) The Secretary of Defense, referring to a 1998 Defense Intelligence Agency assessment, has reported that the Russian Federation leases the Lourdes facility for an estimated $100,000,000 to $300,000,000 a year. (4) It has been reported that the Lourdes facility is the largest such complex operated by the Russian Federation and its intelligence service outside the region of the former Soviet Union. (5) The Lourdes facility is reported to cover a 28 square- mile area with over 1,500 Russian engineers, technicians, and military personnel working at the base. (6) Experts familiar with the Lourdes facility have reportedly confirmed that the base has multiple groups of tracking dishes and its own satellite system, with some groups used to intercept telephone calls, faxes, and computer communications, in general, and with other groups used to cover targeted telephones and devices. (7) News sources have reported that the predecessor regime to the Government of the Russian Federation had obtained sensitive information about United States military operations during Operation Desert Storm through the Lourdes facility. (8) Academic studies assessing the threat the Lourdes espionage station poses to the United States cite official United States sources affirming that the Lourdes facility is being used to collect personal information about United States citizens in the private and government sectors, and offers the means to engage in cyberwarfare against the United States. (9) It has been reported that the operational significance of the Lourdes facility has grown dramatically since February 7, 1996, when then Russian President, Boris Yeltsin, issued an order demanding that the Russian intelligence community increase its gathering of United States and other Western economic and trade secrets. (10) It has been reported that the Government of the Russian Federation is estimated to have spent in excess of $3,000,000,000 in the operation and modernization of the Lourdes facility. (11) Former United States Government officials have been quoted confirming reports about the Russian Federation's expansion and upgrade of the Lourdes facility. (12) It was reported in December 1999 that a high-ranking Russian military delegation headed by Deputy Chief of the General Staff Colonel-General Valentin Korabelnikov visited Cuba to discuss the continuing Russian operation of the Lourdes facility. SEC. 3. PROHIBITION ON BILATERAL DEBT RESCHEDULING AND FORGIVENESS FOR THE RUSSIAN FEDERATION. (a) Prohibition.--Notwithstanding any other provision of law, the President-- (1) shall not reschedule or forgive any outstanding bilateral debt owed to the United States by the Government of the Russian Federation, and (2) shall instruct the United States representative to the Paris Club of official creditors to use the voice and vote of the United States to oppose rescheduling or forgiveness of any outstanding bilateral debt owed by the Government of the Russian Federation, until the President certifies to the Congress that the Government of the Russian Federation has ceased all its operations at, removed all personnel from, and permanently closed the intelligence facility at Lourdes, Cuba. (b) Waiver.-- (1) In general.--The President may waive the application of subsection (a)(1) if, not less than 10 days before the waiver is to take effect, the President determines and certifies in writing to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that such waiver is necessary to the national interests of the United States. (2) Additional requirement.--If the President waives the application of subsection (a)(1) pursuant to paragraph (1), the President shall include in the written certification under paragraph (1) a detailed description of the facts that support the determination to waive the application of subsection (a)(1). (3) Submission in classified form.--If the President considers it appropriate, the written certification under paragraph (1), or appropriate parts thereof, may be submitted in classified form. (c) Periodic Reports.--The President shall, every 180 days after the transmission of the written certification under subsection (b)(1), prepare and transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains a description of the extent to which the requirements of subparagraphs (A) and (B) of subsection (b)(1) are being met. SEC. 4. REPORT ON THE CLOSING OF THE INTELLIGENCE FACILITY AT LOURDES, CUBA. Not later than 30 days after the date of the enactment of this Act, and every 120 days thereafter until the President makes a certification under section 3, the President shall submit to the Committee on International Relations and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate a report (with a classified annex) detailing-- (1) the actions taken by the Government of the Russian Federation to terminate its presence and activities at the intelligence facility at Lourdes, Cuba; and (2) the efforts by each appropriate Federal department or agency to verify the actions described in paragraph (1).

Requires the President to report periodically to specified congressional committees with respect to actions taken by the Government of the Russian Federation to terminate its presence and activities at the facility at Lourdes, Cuba., as well as any verification actions by Federal agencies.

Russian American Trust and Cooperation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Coverage Determination Clarification Act of 2018''. SEC. 2. IMPROVEMENTS IN THE MEDICARE LOCAL COVERAGE DETERMINATION (LCD) PROCESS FOR SPECIFIED LCDS. (a) Development Process for Specified LCDs.--Section 1862(l)(5)(D) of the Social Security Act (42 U.S.C. 1395y(l)(5)(D)) is amended to read as follows: ``(D) Process for issuing specified local coverage determinations.-- ``(i) In general.--In the case of a specified local coverage determination (as defined in clause (iii)) within an area by a medicare administrative contractor, such medicare administrative contractor must take the following actions with respect to such determination before such determination may take effect: ``(I) Publish on the public Internet website of the intermediary or carrier a proposed version of the specified local coverage determination (in this subparagraph referred to as a `draft determination'), a written rationale for the draft determination, and a description of all evidence relied upon and considered by the intermediary or carrier in the development of the draft determination. ``(II) Not later than 60 days after the date on which the intermediary or carrier publishes the draft determination in accordance with subclause (I), convene one or more open, public meetings to review the draft determination, receive comments with respect to the draft determination, and secure the advice of an expert panel (such as a carrier advisory committee described in chapter 13 of the Medicare Program Integrity Manual in effect on August 31, 2015) with respect to the draft determination. The intermediary or carrier shall make available means for the public to attend such meetings remotely, such as via teleconference. ``(III) With respect to each meeting convened pursuant to subclause (II), post on the public Internet website of the intermediary or carrier, not later than 14 days after such meeting is convened, a record of the minutes for such meeting, which may be a recording of the meeting. ``(IV) Provide a period for submission of written public comment on such draft determination that begins on the date on which all records required to be posted with respect to such draft determination under subclause (III) are so posted and that is not fewer than 30 days in duration. ``(ii) Finalizing a specified local coverage determination.--A fiscal intermediary or carrier that has entered into a contract with the Secretary under section 1874A shall, with respect to a specified local coverage determination, post on the public Internet website of the fiscal intermediary or carrier the following information before the specified local coverage determination (in this subparagraph referred to as the `final determination') takes effect-- ``(I) a response to the relevant issues raised at meetings convened pursuant to clause (i)(II) with respect to the draft determination; ``(II) the rationale for the final determination; ``(III) in the case that the intermediary or carrier considered qualifying evidence (as defined in clause (v)) that was not described in the written notice provided pursuant to clause (i)(I), a description of such qualifying evidence; and ``(IV) an effective date for the final determination that is not less than 30 days after the date on which such determination is so posted. ``(iii) Specified local coverage determination defined.--For purposes of this subparagraph, the term `specified local coverage determination' means, with respect to the relevant geographic area-- ``(I) a new local coverage determination; ``(II) a revised local coverage determination for such geographic area that restricts one or more existing terms of coverage for such area (such as by adding requirement to an existing local coverage determination that results in decreased coverage or by deleting previously covered ICD-9 or ICD-10 codes (for reasons other than routine coding changes)); ``(III) a revised local coverage determination that makes a substantive revision to one or more existing local coverage determinations; or ``(IV) any other local coverage determination specified by the Secretary pursuant to regulations. ``(iv) Qualifying evidence defined.--For purposes of this subparagraph, the term `qualifying evidence' means publicly available evidence of general acceptance by the medical community, such as published original research in peer-reviewed medical journals, systematic reviews and meta-analyses, evidence-based consensus statements, and clinical guidelines.''. (b) LCD Reconsideration Process.--Section 1869(f) of the Social Security Act (42 U.S.C. 1395ff(f)) is amended-- (1) in paragraph (2)(A), by inserting ``(including the reconsiderations described in paragraphs (8) and (9))'' after ``local coverage determination''; (2) in paragraph (5), by inserting ``(except for a reconsideration described in paragraphs (8) and (9))'' after ``the coverage determination''; (3) by redesignating paragraph (8) as paragraph (13); and (4) by inserting after paragraph (7) the following new paragraphs: ``(8) Carrier or fiscal intermediary reconsideration process for specified local coverage determinations.--Upon the filing of a request by an interested party (as defined in paragraph (11)(B))with respect to a specified local coverage determination by a fiscal intermediary or carrier that has entered into a contract with the Secretary under section 1874A, the intermediary or carrier shall reconsider such determination in accordance with the following process: ``(A) Not later than 30 days after such a request is filed with the fiscal intermediary or carrier by the interested party with respect to such determination, the intermediary or carrier shall-- ``(i) determine whether the request is an applicable request; and ``(ii) in the case that the request is not an applicable request, inform the interested party of the reasons why such request is not an applicable request. ``(B) In the case that the intermediary or carrier determines under subparagraph (A) that the request described in such subparagraph is an applicable request, the intermediary or carrier shall, not later than 90 days after the date on which the request was filed with the intermediary or carrier, take the actions described in subparagraphs (C), (D), and (E) with respect to the determination. ``(C) The action described in this subparagraph is the action of specifying whether any of the following statements is applicable to the determination: ``(i) The determination did not reasonably consider qualifying evidence relevant to such determination. ``(ii) The determination used language that exceeded the scope of the intended purpose of the determination. ``(iii) The determination was incorrect in its determination of whether such item or service is reasonable and necessary for the diagnosis or treatment of illness or injury under section 1862(a)(1)(A). ``(iv) The determination failed to describe, with respect to such an item or service, the clinical conditions to be used for purposes of determining whether such item or service is reasonable and necessary for the diagnosis or treatment of illness or injury under section 1862(a)(1)(A). ``(v) The determination does not apply with respect to items or services to which it was intended to apply. ``(vi) The determination is erroneous for another reason that the intermediary or carrier identifies. ``(D) The action described in this subparagraph, with respect to the determination, is the action of taking, based on the specification under subparagraph (C) of whether any of the statements in such subparagraph applied to such determination, one or more of the following actions: ``(i) Making no change in the determination. ``(ii) Rescinding all or a part of the determination. ``(iii) Modifying the determination to restrict the coverage provided under this title for an item or service that is subject to the determination. ``(iv) Modifying the determination to expand the coverage provided under this title for an item or service that is subject to the determination. ``(E) The action described in this subparagraph is the action of making publicly available a written description of the action taken under subparagraph (D) with respect to the determination, including the evidence considered by the medicare administrative contractor. ``(9) Agency review of reconsideration decision.--The Secretary shall establish a process to review a medicare administrative contractor's technical compliance with the requirements, including ensuring that the medicare administrative contractor independently reviewed the evidence involved, of the reconsideration under paragraph (8). ``(10) Rule of construction.--Nothing in paragraph (8) may be construed as affecting the right of an aggrieved party to file a complaint under paragraph (2)(A) and receive a determination in accordance with the provisions of such paragraph. An aggrieved party is not required to file a request under paragraph (8) or (9) prior to filing a complaint under paragraph (2). ``(11) Definitions applicable to paragraphs (8) and (9).-- For purposes of paragraphs (8) and (9): ``(A) The term `applicable request' means a request that is submitted in fiscal year 2019 or a subsequent fiscal year, that is solely with respect to a specified local coverage determination, and that includes a description of the rationale for such request and any information or evidence supporting such request. For purposes of the preceding sentence, the Secretary may not require, as a condition of treating a request with respect to such a determination as an applicable request, that the request contain qualifying evidence that was not considered in the development of such determination. ``(B) The term `interested party' means, with respect to a specified local coverage determination within an area by a fiscal intermediary or carrier that has entered into a contract with the Secretary under section 1874A, a beneficiary or stakeholder (including a medical professional society or physician). ``(C) The term `qualifying evidence' has the meaning given such term by clause (iv) of section 1862(l)(5)(D). ``(D) The term `specified local coverage determination' has the meaning given such term by clause (iii) of such section. ``(12) Report.--Not later than December 31 of each year (beginning with 2019), the Secretary shall submit to Congress a report containing the following: ``(A) The number of requests filed with fiscal intermediaries and carriers under paragraph (8), and the number of appeals filed with the Secretary under paragraph (9), during the 1-year period ending on such date. ``(B) With respect to such requests filed with such intermediaries and carriers under paragraph (8) during such period, the number of times that intermediaries and carriers took, with respect to the actions described in subparagraphs (C) through (E) of such paragraph, each such action. ``(C) With respect to such appeals filed with the Secretary under paragraph (9) during such period, the number of times that the Secretary took, with respect to the actions described in subparagraph (D) of paragraph (8), each such action. ``(D) Recommendations on ways to improve-- ``(i) the efficacy and the efficiency of the process described in paragraph (8); and ``(ii) communication with individuals entitled to benefits under part A or enrolled under part B, providers of services, and suppliers regarding such process.''. SEC. 3. PROMULGATION OF REGULATIONS; APPLICATION DATE. The Secretary of Health and Human Services shall promulgate regulations to carry out paragraph (5)(D) of section 1862(l) of the Social Security Act (42 U.S.C. 1395y(l)), as amended by subsection (a), and paragraphs (8) and (9) of section 1869(f) of such Act (42 U.S.C. 1395ff(f)), as inserted by subsection (b), in such a manner as to ensure that the processes described in such paragraphs are fully implemented by January 1, 2020. Passed the House of Representatives September 12, 2018. Attest: KAREN L. HAAS, Clerk.

Local Coverage Determination Clarification Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to revise the process by which Medicare administrative contractors (MACs) issue and reconsider local coverage determinations (LCDs) that: (1) are new, (2) restrict or substantively revise existing LCDs, or (3) are otherwise specified in regulation. (MACs are private insurers that process Medicare claims within specified geographic areas.) Before such an LCD may take effect, the MAC issuing the determination must, with respect to each geographic area to which the determination applies: publish online a proposed version of the determination and other specified, related information; convene one or more public meetings to review the draft determination, receive comments, and secure the advice of an expert panel; post online a record of the minutes from each such meeting; provide a period for submission of written public comments; and post online specified information related to the rationale for the final determination. Upon the filing of an applicable request by an interested party with regard to the reconsideration of a specified LCD, the MAC that issued the determination shall: provide specified information related to whether the determination failed to correctly apply qualifying relevant evidence, exceeds the scope of its intended purpose, fails to apply as intended, or is otherwise erroneous; preserve the determination, modify the determination, or rescind the determination in part; and make publicly available a written description of such action. An interested party may appeal a reconsideration decision to the Centers for Medicare & Medicaid Services (CMS). The CMS shall appoint a Medicare Reviews and Appeals Ombudsman to carry out specified duties with regard to LCDs.

Local Coverage Determination Clarification Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Leave Sharing Act of 1993''. SEC. 2. EXTENSION OF PROGRAMS. Section 2(d)(1) of the Federal Employees Leave Sharing Act of 1988 (5 U.S.C. 6331 note) is amended by striking ``5 years'' each place it appears and inserting ``10 years''. SEC. 3. AUTHORITY TO TRANSFER SICK LEAVE. (a) Direct Transfers of Leave.-- (1) In general.--Subchapter III of chapter 63 of title 5, United States Code, is amended by inserting after section 6338 the following: ``Sec. 6338a. Sick leave ``(a) The Office of Personnel Management shall by regulation modify the program established under the preceding provisions of this subchapter so as to permit, in addition to annual leave, the transfer and use of sick leave. ``(b) To the extent feasible, the terms and conditions governing the transfer and use of sick leave under the regulations shall be the same as those governing the transfer and use of annual leave under the preceding provisions of this subchapter, subject to the following: ``(1) Sick leave may not be transferred or used in connection with any purpose for which accrued sick leave could not be used by the leave recipient under subchapter I. ``(2) Sick leave received under this subchapter-- ``(A) may not be used before the exhaustion requirement under section 6333(b) has been met; and ``(B) shall not (for restoration purposes, if applicable) be considered to have been used before all transferred annual leave has been exhausted. ``(3) Nothing in this section shall affect the maximum amount of sick leave or annual leave which may be accrued by a leave recipient while using any leave received under this subchapter in connection with a particular medical emergency.''. (2) Technical and conforming amendments.-- (A) Prohibition of coercion.--Section 6338(a) of title 5, United States Code, is amended by striking ``annual leave'' and inserting ``annual or sick leave''. (B) Excepted agencies.--Section 6339(c)(1) of title 5, United States Code, is amended-- (i) by striking ``annual leave accrued'' and inserting ``annual or sick leave accrued''; and (ii) by striking ``annual leave account'' and inserting ``annual or sick leave account (as applicable)''. (b) Leave Bank Program.-- (1) In general.--Subchapter IV of chapter 63 of title 5, United States Code, is amended by inserting after section 6371 the following: ``Sec. 6371a. Sick leave ``(a) The Office of Personnel Management shall by regulation modify the program established under the preceding provisions of this subchapter so as to permit, in addition to annual leave, the contribution and use of sick leave. ``(b) To the extent feasible, the terms and conditions governing the contribution and use of sick leave under the regulations shall be the same as those governing the contribution and use of annual leave under the preceding provisions of this subchapter, subject to the following: ``(1) Sick leave may not be used in connection with any purpose for which accrued sick leave could not be used by the leave recipient under subchapter I. ``(2) Sick leave may be contributed instead of annual leave in order to satisfy, in whole or in part, the requirements of section 6366(a)(2)(A). ``(3) Sick leave received under this subchapter may not be used before the exhaustion requirement under section 6367(c) has been met. ``(4) Nothing in this section shall affect the maximum amount of sick leave or annual leave which may be accrued by a leave recipient while using leave received under this subchapter in connection with a particular medical emergency.''. (2) Technical and conforming amendments.-- (A) Prohibition of coercion.--Section 6370(a) of title 5, United States Code, is amended by striking ``annual leave'' and inserting ``annual or sick leave''. (B) Excepted agencies.--Section 6372(c)(1) of title 5, United States Code, is amended by striking ``annual leave accrued'' and inserting ``annual or sick leave accrued''. (c) Table of Contents.--The table of sections for chapter 63 of title 5, United States Code, is amended-- (1) by inserting after the item relating to section 6338 the following: ``6338a. Sick leave.''; and (2) by inserting after the item relating to section 6371 the following: ``6371a. Sick leave.''. (d) Effective Date.--Regulations required to be prescribed by the Office of Personnel Management under the amendments made by this section shall become effective not later than January 31, 1994.

Federal Employees Leave Sharing Act of 1993 - Amends the Federal Employees Leave Sharing Act of 1988 to extend leave-transfer programs and allow them to permit transfers of sick leave in addition to annual leave.

Federal Employees Leave Sharing Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Aural Rehabiliation and Hearing Aid Coverage Act of 2001''. SEC. 2. COVERAGE OF HEARING REHABILITATION. (a) Coverage of Aural Rehabilitation Services.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V) by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) aural rehabiliation services (as described in subsection (ww)(2));''. (b) Coverage of Hearing Aids as Durable Medical Equipment.--Section 1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended by inserting ``and hearing aids (as defined in subsection (ww)(3))'' before the period. (c) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by sections 102(b) and 105(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is amended by adding at the end the following new subsection: ``Hearing Rehabiliation ``(ww)(1) The term `hearing rehabilitation' means-- ``(A) aural rehabilitation services (described in paragraph (2)) which meet such requirements as the Secretary prescribes and which are furnished by a physician or qualified audiologist, who is legally authorized to furnish such services under the State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished, and ``(B) hearing aids (as defined in paragraph (3)). ``(2) The services described in this subparagraph include-- ``(A) aural rehabilitation services; ``(B) in the case of an individual who has a hearing loss (as defined by the Secretary), a comprehensive audiologic assessment to determine if a hearing aid is appropriate and to determine the need for other diagnostic medical or audiologic testing; and ``(C) a threshold test to determine audio acuity. ``(3)(A) The term `hearing aid' means a hearing aid described in subparagraph (B), including the services described in subparagraph (C) furnished by a physician or qualified audiologist, who is legally authorized to supply such hearing aid under the State law (or State regulatory mechanism provided by State law) of the State in which the hearing aid is supplied, to an individual described in subparagraph (D). ``(B) A hearing aid described in this subparagraph is any wearable instrument or device for, offered for the purpose of, or represented as aiding individuals with, or compensating for, hearing loss that meets requirements of the Food and Drug Administration for marketing. ``(C) The services described in this subparagraph include-- ``(i) audiology services (as defined in subsection (ll)(2)); ``(ii) a hearing aid assessment to determine the appropriate hearing aid for the individual; ``(iii) procurement of an appropriate hearing aid; ``(iv) initial fitting and adjustment of the hearing aid; ``(v) appropriate instruction on the use of the hearing aid; ``(vi) periodic refittings and adjustments; and ``(vii) rehabilitation, including counseling on hearing loss, speech reading, and auditory training. ``(D) The individuals described in this subparagraph-- ``(i) have been determined (as a result of a comprehensive audiologic assessment) to have a hearing loss which can be appropriately treated with a hearing aid; ``(ii) have not been supplied with one monaural hearing aid or two binaural hearing aids during the preceding 3 years; and ``(iii) have had a comprehensive audiologic assessment which indicates that the hearing of such individual has deteriorated since such individual was last supplied with a hearing aid such that a hearing aid of a different type is appropriate for such individual.''. (d) Inclusion of Audiology Rehabilitation Services.--Section 1861(ll)(2) of the Social Security Act (42 U.S.C. 1395x(ll)(2)) is amended by inserting ``and rehabilitation'' after ``balance assessment''. (e) Exception to Exclusions from Coverage.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended-- (1) in paragraph (1) by adding at the end the following new subparagraph: ``(J) in the case of hearing rehabilitation, which is furnished or supplied more frequently than is provided under section 1861(ww);''; and (2) in paragraph (7) by striking ``hearing aids or examinations therefor''. (f) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to items and services furnished on or after the date the Secretary publishes a final regulation to carry out the provisions of this Act, but in no case later than January 1, 2003.

Medicare Aural Rehabilitation and Hearing Aid Coverage Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for coverage of hearing aids as durable medical equipment and aural rehabilitation and other related hearing services.

To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program of hearing aids and related hearing services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Access To Education Act of 2007''. SEC. 2. EXPANSION OF EDUCATIONAL EXPENSES ALLOWED AS PART OF HOPE SCHOLARSHIP CREDIT. (a) Qualified Tuition and Related Expenses Expanded To Include Room and Board, Books, Supplies, and Equipment.--Paragraph (1) of section 25A(f) of the Internal Revenue Code of 1986 (defining qualified tuition and related expenses) is amended by adding at the end the following new subparagraph: ``(D) Additional expenses allowed for hope scholarship credit.--For purposes of the Hope Scholarship Credit, such term shall, with respect to any academic period, include-- ``(i) reasonable costs for such period incurred by the eligible student for room and board while attending the eligible educational institution, and ``(ii) fees, books, supplies, and equipment required for such period for courses of instruction at the eligible educational institution.''. (b) Hope Scholarship Credit Not Reduced by Federal Pell Grants and Supplemental Educational Opportunity Grants.--Subsection (g) of section 25A of such Code (relating to special rules) is amended by adding at the end the following new paragraph: ``(8) Pell and seog grants.--For purposes of the Hope Scholarship Credit, paragraph (2) shall not apply to amounts paid for an individual as a Federal Pell Grant or a Federal supplemental educational opportunity grant under subparts 1 and 3, respectively, of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a and 1070b et seq., respectively).''. (c) Expanded Hope Expenses Not Subject to Information Reporting Requirements.--Subsection (e) of section 6050S of such Code (relating to definitions) is amended by striking ``subsection (g)(2)'' and inserting ``subsections (f)(1)(D) and (g)(2)''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2006 (in tax years ending after such date), for education furnished in academic periods beginning after such date. SEC. 3. HOPE AND LIFETIME LEARNING CREDITS TO BE REFUNDABLE. (a) Credit To Be Refundable.--Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning credits), as amended by section 2, is hereby moved to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits) and inserted after section 35. (b) Technical Amendments.-- (1) Section 36 of the Internal Revenue Code of 1986 is redesignated as section 37. (2) Section 25A of such Code (as moved by subsection (a)) is redesignated as section 36. (3) Paragraph (1) of section 36(a) of such Code (as redesignated by paragraph (2)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (4) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 36(g)(2)''. (5) Subparagraph (A) of section 135(d)(2) of such Code is amended by striking ``section 25A'' and inserting ``section 36''. (6) Section 221(d) of such Code is amended-- (A) by striking ``section 25A(g)(2)'' in paragraph (2)(B) and inserting ``section 36(g)(2)'', (B) by striking ``section 25A(f)(2)'' in the matter following paragraph (2)(B) and inserting ``section 36(f)(2)'', and (C) by striking ``section 25A(b)(3)'' in paragraph (3) and inserting ``section 36(b)(3)''. (7) Section 222 of such Code is amended-- (A) by striking ``section 25A'' in subparagraph (A) of subsection (c)(2) and inserting ``section 36'', (B) by striking ``section 25A(f)'' in subsection (d)(1) and inserting ``section 36(f)'', and (C) by striking ``section 25A(g)(2)'' in subsection (d)(1) and inserting ``section 36(g)(2)''. (8) Section 529 of such Code is amended-- (A) by striking ``section 25A(g)(2)'' in subclause (I) of subsection (c)(3)(B)(v) and inserting ``section 36(g)(2)'', (B) by striking ``section 25A'' in subclause (II) of subsection (c)(3)(B)(v) and inserting ``section 36'', and (C) by striking ``section 25A(b)(3)'' in clause (i) of subsection (e)(3)(B) and inserting ``section 36(b)(3)''. (9) Section 530 of such Code is amended-- (A) by striking ``section 25A(g)(2)'' in subclause (I) of subsection (d)(2)(C)(i) and inserting ``section 36(g)(2)'', (B) by striking ``section 25A'' in subclause (II) of subsection (d)(2)(C)(i) and inserting ``section 36'', and (C) by striking ``section 25A(g)(2)'' in clause (iii) of subsection (d)(4)(B) and inserting ``section 36(g)(2)''. (10) Subsection (e) of section 6050S of such Code is amended by striking ``section 25A'' and inserting ``section 36''. (11) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking ``section 25A(g)(1)'' and inserting ``section 36(g)(1)''. (12) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``or from section 36 of such Code''. (13) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following: ``Sec. 36. Hope and Lifetime Learning credits. ``Sec. 37. Overpayments of tax.''. (14) The table of sections for subpart A of such part IV is amended by striking the item relating to section 25A. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Greater Access to Education Act of 2007 - Amends Internal Revenue Code provisions relating to the Hope Scholarship tax credit to: (1) include room, board, fees, books, supplies, and equipment as expenses eligible for such credit; (2) exclude Pell and Supplemental Educational Opportunity Grants from types of scholarship assistance which reduce the allowable amount of such credit; and (3) exempt certain expenses eligible for such credit from tax information reporting requirements. Makes the Hope Scholarship and Lifetime Learning tax credits refundable.

A bill to amend the Internal Revenue Code of 1986 to expand expenses which qualify for the Hope Scholarship Credit and to make the Hope Scholarship Credit and the Lifetime Learning Credit refundable.

SECTION 1. MANDATORY SEPARATION AGE. (a) Civil Service Retirement System.--Section 8335(b) of title 5, United States Code, is amended-- (1) by striking ``(b)'' and inserting ``(b)(1)''; and (2) by adding at the end the following: ``(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting `65 years of age' for `60 years of age'. The authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2009.''. (b) Federal Employees' Retirement System.--Section 8425(b) of title 5, United States Code, is amended-- (1) by striking ``(b)'' and inserting ``(b)(1)''; and (2) by adding at the end the following: ``(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting `65 years of age' for `60 years of age'. The authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2009.''. SEC. 2. RETENTION AND RELOCATION BONUSES. (a) In General.--Subchapter IV of chapter 57 of title 5, United States Code is amended by adding at the end the following: ``Sec. 5759. Retention and relocation bonuses for the Federal Bureau of Investigation ``(a) Authority.--The Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if-- ``(1)(A) the unusually high or unique qualifications of the employee or a special need of the Bureau for the employee's services makes it essential to retain the employee; and ``(B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave-- ``(i) the Federal service; or ``(ii) for a different position in the Federal service; or ``(2) the individual is transferred to a different geographic area with a higher cost of living (as determined by the Director of the Federal Bureau of Investigation). ``(b) Service Agreement.--Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement shall include-- ``(1) the period of service the individual shall be required to complete in return for the bonus; and ``(2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. ``(c) Limitation on Authority.--A bonus paid under this section may not exceed 50 percent of the employee's basic pay. ``(d) Impact on Basic Pay.--A retention bonus is not part of the basic pay of an employee for any purpose. ``(e) Termination of Authority.--The authority to grant bonuses under this section shall cease to be available after December 31, 2009.''. (b) Clerical Amendment.--The analysis for chapter 57 of title 5, United States Code, is amended by adding at the end the following: ``5759. Retention and relocation bonuses for the Federal Bureau of Investigation.''. SEC. 3. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE. (a) In General.--Chapter 35 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION ``Sec. 3598. Federal Bureau of Investigation Reserve Service ``(a) Establishment.--The Director of the Federal Bureau of Investigation may provide for the establishment and training of a Federal Bureau of Investigation Reserve Service (hereinafter in this section referred to as the `FBI Reserve Service') for temporary reemployment of employees in the Bureau during periods of emergency, as determined by the Director. ``(b) Membership.--Membership in the FBI Reserve Service shall be limited to individuals who previously served as full-time employees of the Bureau. ``(c) Annuitants.--If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. ``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Bureau. ``(e) Expenses.--The Director may provide members of the FBI Reserve Service transportation and per diem in lieu of subsistence, in accordance with applicable provisions of this title, for the purpose of participating in any training that relates to service as a member of the FBI Reserve Service. ``(f) Limitation on Membership.--Membership of the FBI Reserve Service is not to exceed 500 members at any given time.''. (b) Clerical Amendment.--The analysis for chapter 35 of title 5, United States Code, is amended by adding at the end the following: ``subchapter vii--retention of retired specialized employees at the federal bureau of investigation ``3598. Federal Bureau of Investigation reserve service.''. SEC. 4. CRITICAL POSITIONS IN THE FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE DIRECTORATE. Section 5377(a)(2) of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by inserting after subparagraph (F) the following: ``(G) a position at the Federal Bureau of Investigation, the primary duties and responsibilities of which relate to intelligence functions (as determined by the Director of the Federal Bureau of Investigation).''.

Amend Federal retirement provisions relating to the Civil Service Retirement System and the Federal Employees' Retirement System to raise, from 60 to 65, the mandatory separation age for employees of the Federal Bureau of Investigation (FBI) who have been exempted, because it is in the public interest to do so, by the head of the agency from being retired at the earlier automatic separation age limit of 57. Sets forth provisions for payment of retention and relocation bonuses for the FBI. Authorizes the Director of the FBI to provide for the establishment and training of a Federal Bureau of Investigation Reserve Service (FBI Reserve Service) for temporary reemployment in the FBI of previously full-time employees of the FBI during emergencies. Limits the membership of the FBI Reserve Service to 500 members at any given time. Amends Federal law relating to Government organization and employees, to include, with regard to pay authority for critical positions, positions at the FBI, the primary duties and responsibilities of which relate to intelligence functions.

To amend title 5, United States Code, to provide for reform relating to employment at the Federal Bureau of Investigation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Emergency Housing Act of 2005''. SEC. 2. WAIVERS FOR SECTION 8 VOUCHER PROGRAM. (a) In General.--The Secretary of Housing and Urban Development (in this section referred to as the ``Secretary'') may, for all or any part of the period specified under subsection (c), waive any of the requirements described in subsection (b) in the connection with the provision of assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) on behalf of an individual or family if-- (1) the individual or family-- (A) resides or resided, on August 25, 2005, in any area that is subject to a declaration by the President of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in connection with Hurricane Katrina; or (B) resides or resided, on September 24, 2005, in any area that is subject to a declaration by the President of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in connection with Hurricane Rita; (2) the residence of the individual or family became uninhabitable or inaccessible as result of such major disaster or emergency; and (3) as of the date referred to in paragraph (1), as applicable, rental assistance under such section 8(o) was provided on behalf of such individual or family. (b) Waiver of Eligibility Requirements.--The requirements described in this subsection are the requirements under-- (1) paragraph (2) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(2)), relating to tenant contributions towards rent, except that any such waiver shall expire on an individual's return to work; (2) paragraph (4) of such section 8(o), relating to the eligibility of individuals to receive assistance; (3) subsection (k) of such section 8 and paragraph (5) of such section 8(o), relating to verification of income; (4) paragraph (7)(A) of such section 8(o), relating to the requirement that leases shall be for a term of 1 year; (5) paragraph (8) of such section 8(o), relating to initial inspection of housing units by a public housing agency; (6) subsection (r)(1)(B) of such section 8, relating to restrictions on portability; (7) any regulation, notice, or order requiring prior approval by the Secretary with respect to any addendum to the model lease that permits lease terminations in the event that a tenant-- (A) was not eligible for assistance at the time of lease approval; (B) would not have been eligible for assistance if a criminal background check had been completed prior to lease approval; or (C) would not have met that landlord's screening criteria with respect to rent or credit history if a full a screening had been completed prior to lease approval; and (8) any regulation or Executive Order providing for access to Federally funded programs by eligible persons having limited English proficiency. (c) Termination of Authority.--The period specified under this subsection is the 12-month period beginning on the date of the enactment of this Act., unless before the expiration of the 6-month period beginning on such date of enactment the Secretary makes a determination that waivers under this section are no longer needed, in which case the period specified under this subsection is the 6-month period beginning on such date of enactment. SEC. 3. AUTHORITY OF THE SECRETARY TO DIRECTLY ADMINISTER VOUCHERS WHEN PHAS ARE UNABLE TO DO SO. If the Secretary of Housing and Urban Development determines that a public housing agency is unable to implement the provisions of subsection (o) of section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) or section 2 of this Act due to the effects of Hurricane Katrina or Hurricane Rita, the Secretary may-- (1) directly administer any voucher program described in such subsection or in section 2 of this Act; and (2) perform the functions assigned to a public housing agency by such subsection or section 2 of this Act. SEC. 4. WAIVERS FOR PROJECT-BASED SECTION 8 TO FACILITATE HOUSING OF AFFECTED FAMILIES. (a) In General.--For all or part of the period specified under subsection (c), the Secretary of Housing and Urban Development (in this section referred to as the ``Secretary'') may waive the applicability of any of the requirements described subsection (b) with respect to any housing provided project-based assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for any individual or family that meets the requirements of paragraphs (1) and (2) of section 2(a) of this Act. (b) Provisions Waived.--The requirements described in this subsection are-- (1) section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)), relating to tenant contributions towards rent, except that any such waiver shall expire on an individual's return to work; (2) section 8(k) of such Act, relating to verification of income; (3) section 8(d)(1)(B)(i) of such Act, relating to the requirement that leases shall be for a term of 1 year; (4) any requirement relating to initial inspection of housing units by a public housing agency; (5) any regulation, notice, or order requiring prior approval by the Secretary with respect to any addendum to the model lease that permits lease terminations in the event that a tenant-- (A) was not eligible for assistance at the time of lease approval; (B) would not have been eligible for assistance if a criminal background check had been completed prior to lease approval; or (C) would not have met that landlord's screening criteria with respect to rent or credit history if a full a screening had been completed prior to lease approval; and (6) any regulation or Executive Order providing for access to Federally funded programs by eligible persons having limited English proficiency. (c) Termination.--The period specified under this subsection is the 12-month period beginning on the date of the enactment of this Act., unless before the expiration of the 6-month period beginning on such date of enactment the Secretary makes a determination that waivers under this section are no longer needed, in which case the period specified under this subsection is the 6-month period beginning on such date of enactment. SEC. 5. PRESERVATION OF PROJECT-BASED SECTION 8 HOUSING ASSISTANCE PAYMENTS CONTRACTS FOR DAMAGED OR DESTROYED HOUSING UNITS. Notwithstanding any other provision of law, a project-based housing assistance payments contract entered into pursuant to section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) covering a project damaged or destroyed by Hurricane Katrina or Hurricane Rita shall not expire or be terminated because of the damage or destruction of dwelling units in the project. The expiration date of the contract shall be deemed to be the later of the date specified in the contract or a date ending three months after the units are first made habitable. SEC. 6. REPORT ON INVENTORY OF AVAILABILITY OF FACILITIES AND PROPERTIES FOR HOUSING USE. (a) Compiling of Inventory.--Not later than 20 days after the date of the enactment of this Act-- (1) the Secretary of Housing and Urban Development, the Secretary of Defense, the Administrator of the General Services Administration, the Secretary of Agriculture, the Secretary of Veterans Affairs, and such other agency heads as the Secretary of Housing and Urban Development determines appropriate, and the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, shall compile an inventory of Federal civilian and defense facilities (or, in the case of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, properties held by such entities) that-- (A) identifies such facilities and properties that can be used-- (i) to provide emergency housing; (ii) as locations for the construction or deployment of temporary housing units; or (iii) to provide permanent housing; and (B) for each such facility and property included, identifies the appropriate use or uses under clauses (i) through (iii) of subparagraph (A); and (2) each such agency head and entity shall submit the inventory compiled pursuant to paragraph (1) to the Secretary of Housing and Urban Development. (b) Report to Congress.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall compile and submit to the Congress an aggregate inventory comprised of the inventory compiled by the Secretary pursuant to subsection (a) and all the inventories submitted to the Secretary pursuant to such subsection. SEC. 7. GAO REPORT ON STATE EMERGENCY HOUSING PLANS. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Congress-- (1) identifying any States that have developed emergency housing contingency plans for use in the event of a disaster; (2) describing such plans; and (3) assessing the effectiveness of such plans. Passed the House of Representatives October 6, 2005. Attest: JEFF TRANDAHL, Clerk.

Hurricane Katrina Emergency Housing Act of 2005 - (Sec. 2) Authorizes the Secretary of Housing and Urban Development (HUD) to waive specified requirements under the section 8 (United States Housing Act of 1937) housing voucher and project-based assistance programs for an individual or family: (1) who resides or resided on August 25, 2005, in any area subject to a presidential disaster or emergency declaration in connection with Hurricane Katrina, or who resides or resided on September 24, 2005, in any area subject to a presidential disaster or emergency declaration in connection with Hurricane Rita; (2) whose residence became uninhabitable or inaccessible as a result of such disasters or emergencies; and (3) who was receiving such rental benefits as of such applicable date. Specifies voucher requirements that may be waived as: (1) tenant rent contributions; (2) assistance eligibility; (3) income verification; (4) one-year lease requirement; (5) public housing agency (PHA) initial housing inspection; (6) portability restrictions; (7) certain lease addenda permitting termination of tenancy; and (8) access to federally funded programs by persons having limited English proficiency. Terminates waiver authority 12 months after the date of the enactment of this Act, unless the Secretary determines that such waivers are no longer needed, in which case the period specified is the six-month period beginning on such date of enactment. (Sec. 3) Authorizes the Secretary to directly administer section 8 vouchers if the appropriate PHA is unable to do so because of Hurricane Katrina or Hurricane Rita. (Sec. 4) Specifies project-based requirements that may be waived as: (1) tenant rent contributions; (2) income verification; (3) one-year lease requirement; (4) public housing agency (PHA) initial housing inspection; (5) certain lease addenda permitting termination of tenancy; and (6) access to federally funded programs by persons having limited English proficiency. Terminates waiver authority 12 months after the date of the enactment of this Act, unless the Secretary determines that such waivers are no longer needed, in which case the period specified is the six-month period beginning on such date of enactment. (Sec. 5) States that: (1) a project-based housing assistance contract covering a project damaged or destroyed by Hurricane Katrina or Hurricane Rita shall not expire because of the damage or destruction of dwelling units in the project; and (2) the contract's expiration date shall be the later of the contract date or three months after the units are first made habitable. (Sec. 6) Directs the Secretary, the Secretary of Defense, the Administrator of the General Services Administration, the Secretary of Agriculture, the Secretary of Veterans Affairs, other appropriate agency heads, the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage Corporation (FHLMC) to compile an inventory of federal civilian and defense facilities and other properties that can be used: (1) for emergency housing; (2) as construction sites for temporary housing; or (3) to provide permanent housing. Directs the Secretary to provide Congress with an aggregate inventory report. (Sec. 7) Directs the Government Accountability Office (GAO) to report on state emergency housing planning.

To provide for waivers under certain housing assistance programs of the Department of Housing and Urban Development to assist victims of Hurricane Katrina and Hurricane Rita in obtaining housing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Agriculture Production Act of 2015''. SEC. 2. METHYL BROMIDE. Section 419 of the Plant Protection Act (7 U.S.C. 7719) is amended to read as follows: ``SEC. 419. METHYL BROMIDE. ``(a) Authorization.-- ``(1) In general.--Subject to paragraphs (2) and (3), a State, local, or tribal authority may authorize the use of methyl bromide for a qualified use if the authority determines the use is required to respond to an emergency event. The Secretary may authorize such a use if the Secretary determines such a use is required to respond to an emergency event. ``(2) Notification.--Not later than 5 days after the date on which a State, local, or tribal authority makes the determination described in paragraph (1), the State, local, or tribal authority intending to authorize the use of methyl bromide for a qualified use shall submit to the Secretary a notification that contains the information described in subsection (b). ``(3) Objection.--A State, local, or tribal authority may not authorize the use of methyl bromide under paragraph (1) if the Secretary objects to such use under subsection (c) within the 5-day period specified in such subsection. ``(b) Notification Contents.--A notification submitted under subsection (a)(2) by a State, local, or tribal authority shall contain-- ``(1) a certification that the State, local, or tribal authority requires the use of methyl bromide to respond to an emergency event; ``(2) a description of the emergency event and the economic loss that would result from such emergency event; ``(3) the identity and contact information for the responsible individual of the authority; and ``(4) with respect to the qualified use of methyl bromide that is the subject of the notification-- ``(A) the specific location in which the methyl bromide is to be used and the total acreage of such location; ``(B) the identity of the pest or pests to be controlled by such use; ``(C) the total volume of methyl bromide to be used; and ``(D) the anticipated date of such use. ``(c) Objection.-- ``(1) In general.--The Secretary, not later than 5 days after the receipt of a notification submitted under paragraph (2) of subsection (a), may object to the authorization of the use of methyl bromide under such subsection by a State, local, or tribal authority by sending the State, local, or tribal authority a notification in writing of such objection that-- ``(A) states the reasons for such objection; and ``(B) specifies any additional information that the Secretary would require to withdraw the objection. ``(2) Reasons for objection.--The Secretary may object to an authorization described in paragraph (1) if the Secretary determines that-- ``(A) the notification submitted under subsection (a)(2) does not-- ``(i) contain all of the information specified in paragraphs (1) through (4) of subsection (b); or ``(ii) demonstrate the existence of an emergency event; or ``(B) the qualified use specified in the notification does not comply with the limitations specified in subsection (e). ``(3) Withdrawal of objection.--The Secretary shall withdraw an objection under this subsection if-- ``(A) not later than 14 days after the date on which the Secretary sends the notification under paragraph (1) to the State, local, or tribal authority involved, the State, local, or tribal authority submits to the Secretary the additional information specified in such notification; and ``(B) such additional information is submitted to the satisfaction of the Secretary. ``(4) Effect of withdrawal.--Upon the issuance of a withdrawal under paragraph (3), the State, local, or tribal authority involved may authorize the use of methyl bromide for the qualified use specified in the notification submitted under subsection (a)(2). ``(d) Use for Emergency Events Consistent With FIFRA.--The production, distribution, sale, shipment, application, or use of a pesticide product containing methyl bromide in accordance with an authorization for a use under subsection (a) shall be deemed an authorized production, distribution, sale, shipment, application, or use of such product under the Federal Insecticide, Fungicide, and Rodenticide Act, regardless of whether the intended use is registered and included in the label approved for the product by the Administrator of the Environmental Protection Agency under such Act. ``(e) Limitations on Use.-- ``(1) Limitations on use per emergency event.--The amount of methyl bromide that may be used per emergency event at a specific location shall not exceed 20 metric tons. ``(2) Limits on aggregate amount.--The aggregate amount of methyl bromide allowed pursuant to this section for use in the United States in a calendar year shall not exceed the total amount authorized by the Parties to the Montreal Protocol pursuant to the Montreal Protocol process for critical uses in the United States in calendar year 2011. ``(f) Ensuring Adequate Supply of Methyl Bromide.--Notwithstanding any other provision of law, it shall not be unlawful for any person or entity to produce or import methyl bromide, or otherwise supply methyl bromide from inventories (produced or imported pursuant to the Clean Air Act for other purposes) in response to an emergency event in accordance with subsection (a). ``(g) Exclusive Authority of the Secretary.--The Secretary shall have the exclusive Federal authority with respect to determining which species are considered quarantine pests (as defined in section 319.37-1 of title 7, Code of Federal Regulations, as in effect on the date of the enactment of the Safe Agriculture Production Act of 2015). ``(h) Definitions.-- ``(1) Emergency event.--The term `emergency event' means a situation-- ``(A) that occurs at a location on which a plant or commodity is grown or produced or a facility providing for the storage of, or other services with respect to, a plant or commodity; ``(B) for which the lack of availability of methyl bromide for a particular use would result in significant economic loss to the owner, lessee, or operator of such a location or facility or the owner, grower, or purchaser of such a plant or commodity; and ``(C) that, in light of the specific agricultural, meteorological, or other conditions presented, requires the use of methyl bromide to control a pest or disease in such location or facility because there are no technically or economically feasible alternatives to methyl bromide easily accessible by an entity referred to in subparagraph (B) at the time and location of the event that-- ``(i) are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) for the intended use or pest to be so controlled; and ``(ii) would adequately control the pest or disease presented at such location or facility. ``(2) Pest.--The term `pest' has the meaning given such term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). ``(3) Qualified use.--The term `qualified use' means, with respect to methyl bromide, a methyl bromide treatment or application in an amount not to exceed the limitations specified in subsection (e) in response to an emergency event.''.

Safe Agriculture Production Act of 2015 This bill amends the Plant Protection Act to allow state, local, or tribal governments to use methyl bromide as a fumigant if: (1) the use is required to respond to an emergency concerning a significant economic loss of crops to pests or diseases, and (2) the Department of Agriculture (USDA) does not object to that use within a specified time period. The bill allows this use of methyl bromide during an emergency event regardless of whether the use is registered and included in the label approved for the product by the Environmental Protection Agency under Federal Insecticide, Fungicide, and Rodenticide Act. The bill limits the amount of methyl bromide that may be used per emergency event at a specific location to not more than 20 metric tons. The aggregate amount of methyl bromide used in the United States each year may not exceed the total amount authorized under the Montreal Protocol on Substances that Deplete the Ozone Layer. The bill gives USDA exclusive authority for determining which species are considered quarantine pests.

Safe Agriculture Production Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance Improvements Act of 1999''. SEC. 2. AUTHORIZATION OF CONSOLIDATED TRADE ADJUSTMENT ASSISTANCE. (a) Authorization of Appropriations.-- (1) In general.--Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended to read as follows: ``SEC. 245. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Department of Labor for each of the fiscal years 1999 through 2001 such sums as may be necessary to carry out the purposes of this chapter.''. (2) Temporary extension of nafta assistance.--Section 250(d)(2) of such Act (19 U.S.C. 2331(d)(2)) is amended by striking ``June 30, 1999, shall not exceed $15,000,000'' and inserting ``September 30, 1999, shall not exceed $30,000,000''. (b) Repeal of NAFTA Transitional Adjustment Assistance Program.-- (1) In general.--Subchapter D of chapter 2 of title II of such Act (19 U.S.C. 2331) is hereby repealed. (2) Conforming amendments.--(A) Section 249A of such Act (19 U.S.C. 2322) is hereby repealed. (B) The table of contents of such Act is amended-- (i) by striking the item relating to section 249A; and (ii) by striking the items relating to subchapter D of chapter 2 of title II. (c) Termination.--Section 285 of such Act (19 U.S.C. 2271 note) is amended-- (1) by amending subsection (c)(1) to read as follows: ``(c)(1) Except as provided in paragraph (2), no assistance, vouchers, allowances, or other payments may be provided under chapter 2, and no technical assistance may be provided under chapter 3, after September 30, 2001.''; and (2) in subsection (c)(2), by striking ``June 30, 1999,'' and inserting ``September 30, 1999,''. (d) Effective Date.-- (1) Subsections (a) and (c).--The amendments made by subsections (a) and (c) take effect on-- (A) July 1, 1999; or (B) the date of enactment of this Act, whichever is earlier. (2) Subsection (b).--The amendments made by subsection (b) take effect on-- (A) October 1, 1999; or (B) 90 days after the date of enactment of this Act, whichever is later. SEC. 3. FILING OF PETITIONS AND PROVISION OF RAPID RESPONSE ASSISTANCE; EXPEDITED REVIEW OF PETITIONS BY SECRETARY OF LABOR. (a) Filing of Petitions and Provision of Rapid Response Assistance.--Section 221(a) of the Trade Act of 1974 (19 U.S.C. 2271(a)) is amended to read as follows: ``(a)(1) A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this chapter may be filed with the Governor of the State in which such workers' firm or subdivision is located by any of the following: ``(A) The group of workers (including workers in an agricultural firm or subdivision of any agricultural firm). ``(B) The certified or recognized union or other duly authorized representative of such workers. ``(C) Employers of such workers, one-stop operators or one- stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), or State employment agencies, on behalf of such workers. ``(2) Upon receipt of a petition filed under paragraph (1), the Governor shall-- ``(A) immediately transmit the petition to the Secretary of Labor (hereinafter in this chapter referred to as the `Secretary'); ``(B) ensure that rapid response assistance and basic readjustment services authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and ``(C) assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request. ``(3) Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.''. (b) Expedited Review of Petitions by Secretary of Labor.--Section 223(a) of such Act (19 U.S.C. 2273(a)) is amended in the first sentence by striking ``60 days'' and inserting ``40 days''. SEC. 4. ADDITION OF SHIFT IN PRODUCTION AS BASIS FOR ELIGIBILITY FOR TRADE ADJUSTMENT ASSISTANCE. Section 222(a) of the Trade Act of 1974 (19 U.S.C. 2272(a)) is amended to read as follows: ``(a) A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for adjustment assistance under this chapter pursuant to a petition filed under section 221 if the Secretary determines that-- ``(1) a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; and ``(2)(A)(i) the sales or production, or both, of such firm or subdivision have decreased absolutely; ``(ii) imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and ``(iii) the increase in imports described in clause (ii) contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or ``(B) there has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision.''. SEC. 5. INFORMATION ON CERTAIN CERTIFICATIONS. Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by adding at the end the following subsection: ``(e) The Secretary shall collect and maintain information-- ``(1) identifying the countries to which firms have shifted production resulting in certifications under section 222(a)(2)(B), including the number of such certifications relating to each country; and ``(2) to the extent feasible, identifying the countries from which imports of articles have resulted in certifications under section 222(a)(2)(A), including the number of such certifications relating to each country.''. SEC. 6. ENROLLMENT IN TRAINING REQUIREMENT. Section 231(a)(5)(A) of the Trade Act of 1974 (19 U.S.C. 2291(a)(5)(A)) is amended-- (1) by inserting ``(i)'' after ``(A)''; (2) by adding ``and'' after the comma at the end; and (3) by adding at the end the following: ``(ii) the enrollment required under clause (i) occurs no later than the latest of-- ``(I) the last day of the 16th week after the worker's most recent total separation from adversely affected employment which meets the requirements of paragraphs (1) and (2); ``(II) the last day of the 8th week after the week in which the Secretary issues a certification covering the worker; or ``(III) 45 days after the later of the dates specified in subclause (I) or (II), if the Secretary determines there are extenuating circumstances that justify an extension in the enrollment period;''. SEC. 7. WAIVERS OF TRAINING REQUIREMENTS. (a) In General.--Section 231(c) of the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended to read as follows: ``(c)(1) The Secretary may issue a written statement to a worker waiving the enrollment in the training requirement described in subsection (a)(5)(A) if the Secretary determines that such training requirement is not feasible or appropriate for the worker, as indicated by 1 or more of the following: ``(A) The worker has been notified that the worker will be recalled by the firm from which the qualifying separation occurred. ``(B) The worker has marketable skills as determined pursuant to an assessment of the worker, which may include the profiling system under section 303(j) of the Social Security Act (42 U.S.C. 503(j)), carried out in accordance with guidelines issued by the Secretary. ``(C) The worker is within 2 years of meeting all requirements for entitlement to old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) (except for application therefor). ``(D) The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws. ``(E) The first available enrollment date for the approved training of the worker is within 45 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary. ``(F) There are insufficient funds available for training under this chapter, taking into account the limitation under section 236(a)(2)(A). ``(G) The duration of training appropriate for the individual to obtain suitable employment exceeds the individual's maximum entitlement to basic and additional trade readjustment allowances and, in addition, financial support available through other Federal or State programs, including title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.) or chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, that would enable the individual to complete a suitable training program cannot be assured. ``(2) The Secretary shall specify the duration of the waiver under paragraph (1) and shall periodically review the waiver to determine whether the basis for issuing the waiver remains applicable. If at any time the Secretary determines such basis is no longer applicable to the worker, the Secretary shall revoke the waiver. ``(3) Pursuant to the agreement under section 239, the Secretary may authorize the State or State agency to carry out activities described in paragraph (1) (except for the determination under subparagraphs (F) and (G) of paragraph (1)). Such agreement shall include a requirement that the State or State agency submit to the Secretary the written statements provided pursuant to paragraph (1) and a statement of the reasons for the waiver. ``(4) The Secretary shall submit an annual report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives identifying the number of workers who received waivers and the average duration of such waivers issued under this subsection during the preceding year.''. (b) Conforming Amendment.--Section 231(a)(5)(C) of such Act (19 U.S.C. 2291(a)(5)(C)) is amended by striking ``certified''. SEC. 8. PROVISION OF TRADE READJUSTMENT ALLOWANCES DURING BREAKS IN TRAINING. Section 233(f) of the Trade Act of 1974 (19 U.S.C. 2293(f)) is amended in the matter preceding paragraph (1) by striking ``14 days'' and inserting ``30 days''. SEC. 9. INCREASE IN ANNUAL TOTAL AMOUNT OF PAYMENTS FOR TRAINING. Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended by striking ``$80,000,000'' and all that follows through $70,000,000 and inserting ``$150,000,000''. SEC. 10. ELIMINATION OF QUARTERLY REPORT. (a) In General.--Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) is amended by striking the last sentence. (b) Effective Date.--The amendment made by this section takes effect on October 1, 1999. SEC. 11. COORDINATION WITH ONE-STOP DELIVERY SYSTEMS, THE JOB TRAINING PARTNERSHIP ACT, AND THE WORKFORCE INVESTMENT ACT OF 1998. (a) Coordination With One-Stop Delivery Systems.--Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended by inserting ``, including the services provided through one-stop delivery systems described in section 134(c) of the Workforce Investment Act of 1998 (19 U.S.C. 2864(c))'' before the period at the end of the first sentence. (b) Coordination With Job Training Partnership Act and Workforce Investment Act of 1998.--Section 239(e) such Act (19 U.S.C. 2311(e)) is amended-- (1) in the first sentence, by striking ``or title I of the Workforce Investment Act of 1998'' and inserting ``or under the provisions relating to dislocated worker employment and training activities set forth in chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.), as the case may be,''; and (2) by inserting after the first sentence the following: ``Such coordination shall include use of common reporting systems and elements, including common elements relating to participant data and performance outcomes (including employment, retention of employment, and wages).''. SEC. 12. SUPPORTIVE SERVICES. (a) In General.--Part II of subchapter B of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is amended by adding at the end the following: ``SEC. 238A. SUPPORTIVE SERVICES. ``(a) Application.--Any adversely affected worker covered by a certification under subchapter A of this chapter may file an application with the Secretary for the provision of supportive services, including transportation, child and dependent care, and other similar services. ``(b) Conditions.--The Secretary may approve an application filed under subsection (a) and provide supportive services to an adversely affected worker only if the Secretary determines that-- ``(1) the provision of such services is necessary to enable the worker to participate in or complete training; and ``(2) the provision of such services is consistent with the provision of supportive services to participants under the program of employment and training assistance for dislocated workers carried out under title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.), as in effect on the date of enactment of the Trade Adjustment Assistance Reform Act of 1999, or under the provisions relating to dislocated worker employment and training activities set forth in chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.), as the case may be.''. (b) Conforming Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 238 the following: ``Sec. 238A. Supportive services.''. SEC. 13. ADDITIONAL CONFORMING AMENDMENTS. (a) Section 225.--Section 225(b) of the Trade Act of 1974 (19 U.S.C. 2275(b)) is amended in each of paragraphs (1) and (2) by striking ``or subchapter D''. (b) Section 240.--Section 240(a) of such Act (19 U.S.C. 2312(a)) is amended by striking ``subchapter B of''. SEC. 14. AVAILABILITY OF CONTINGENCY FUNDS. (a) In General.--Section 245 of the Trade Act of 1974 (19 U.S.C. 2317), as amended by section 2, is amended-- (1) by striking ``There are authorized'' and inserting ``(a) In General.--There are authorized''; and (2) by adding at the end the following: ``(b) Contingency Funds.--Subject to the limitation contained in section 236(a)(2), if in any fiscal year the funds available to carry out the programs under this chapter are exhausted, there shall be made available from funds in the Treasury not otherwise appropriated amounts sufficient to carry out such programs for the remainder of the fiscal year.''. (b) Effective Date.--The amendments made by this section take effect on-- (1) July 1, 1999; or (2) the date of enactment of this Act, whichever is earlier. SEC. 15. REAUTHORIZATION OF ADJUSTMENT ASSISTANCE FOR FIRMS. (a) In General.--Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ``for the period beginning October 1, 1998, and ending June 30, 1999'' and inserting ``for each of fiscal years 1999 through 2001''. (b) Effective Date.--The amendment made by this section takes effect on-- (1) July 1, 1999; or (2) the date of enactment of this Act, whichever is earlier. SEC. 16. EFFECTIVE DATE; TRANSITION PROVISION. (a) Effective Date.--Except as otherwise provided in this Act, this Act and the amendments made by this Act take effect on-- (1) October 1, 1999; or (2) 90 days after the date of enactment of this Act, whichever is later. (b) Transition.--The Secretary of Labor may promulgate such rules as the Secretary determines to be necessary to provide for the implementation of the amendments made by this Act.

Trade Adjustment Assistance Reform Act of 1999 - Amends the Trade Act of 1974 to authorize appropriations to the Department of Labor for FY 1999 through 2001 for trade adjustment assistance (TAA) for workers. (Sec. 2) Extends, temporarily, through September 30, 1999, the North American Free Trade (NAFTA) Transitional Adjustment Assistance Program. Repeals the NAFTA Transitional Adjustment Assistance Program (effectively eliminating TAA for workers under such program). (Sec. 3) Revises requirements for the filing of petitions for TAA for a group of workers adversely affected by imports. Authorizes employers of such workers, one-stop operators or one-stop partners, or State employment agencies to file on their behalf with the Governor of the State (currently, with the Secretary of Labor) a petition for certification of eligibility for such assistance. Requires the Governor to: (1) transmit the petition to the Secretary immediately; (2) ensure that rapid response assistance and basic readjustment services are made available to the workers; and (3) assist the Secretary in the review of the petition. Requires the Secretary to review such petitions for certification of eligibility within 40 days (currently, 60 days) of its filing. (Sec. 4) Adds as a factor in the Secretary's determination of the eligibility of a group of workers for TAA any shift in production by such workers' firm to a foreign country of articles like or directly competitive with articles produced by such firm. (Sec. 5) Directs the Secretary to collect and maintain certain information with respect to certifications of TAA. (Sec. 6) Revises enrollment in training requirements with respect to the payment of TAA to adversely affected workers to set forth certain time periods during which such enrollment must occur. Authorizes the Secretary to issue a statement to a worker waiving the enrollment in training requirements if it is determined that such training requirement is not feasible or appropriate for the worker, based on specified factors. (Sec. 8) Increases from 14 to 30 the number of days an adversely affected worker may have a scheduled break in a training program and still be treated as participating in the program for purposes of TAA eligibility. (Sec. 9) Increases the total annual amount of payments for worker training from $80 million to $150 million for any fiscal year. (Sec. 11) Authorizes the Secretary to secure for adversely affected workers certain employment services, including services provided through one-stop delivery systems. Provides for the coordination of employment services for adversely affected workers under the Job Training Partnership Act and the Workforce Investment Act of 1998. (Sec. 12) Authorizes an adversely affected worker to file an application with the Secretary for the provision of supportive services, including transportation, child and dependent care, and other similar services. Sets forth specified conditions with respect to such services. (Sec. 14) Makes unappropriated Treasury funds available in any fiscal year that TAA funds become exhausted. (Sec. 15) Authorizes appropriations to the Department of Labor for FY 1999 through 2001 for TAA for firms.

Trade Adjustment Assistance Improvements Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Research Advisory Board Improvement Act''. SEC. 2. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND ECONOMICS ADVISORY BOARD. Section 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``25'' and inserting ``15''; and (B) by amending paragraph (3) to read as follows: ``(3) Membership categories.--The Advisory Board shall consist of members from each of the following categories: ``(A) Three members representing national farm or producer organizations, which may include members-- ``(i) representing farm cooperatives; ``(ii) who are producers actively engaged in the production of a food animal commodity and who are recommended by a coalition of national livestock organizations; ``(iii) who are producers actively engaged in the production of a plant commodity and who are recommended by a coalition of national crop organizations; or ``(iv) who are producers actively engaged in aquaculture and who are recommended by a coalition of national aquacultural organizations. ``(B) Two members representing academic or research societies, which may include members representing-- ``(i) a national food animal science society; ``(ii) a national crop, soil, agronomy, horticulture, plant pathology, or weed science society; ``(iii) a national food science organization; ``(iv) a national human health association; or ``(v) a national nutritional science society. ``(C) Five members representing agricultural research, extension, and education, which shall include each of the following: ``(i) One member representing the land- grant colleges and universities eligible to receive funds under the Act of July 2, 1862 (7 U.S.C. 301 et seq.). ``(ii) One member representing the land- grant colleges and universities eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University. ``(iii) One member representing the 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)). ``(iv) One member representing NLGCA Institutions or Hispanic-serving institutions. ``(v) One member representing the American Colleges of Veterinary Medicine. ``(D) Five members representing industry, consumer, or rural interests, including members representing-- ``(i) transportation of food and agricultural products to domestic and foreign markets; ``(ii) food retailing and marketing interests; ``(iii) food and fiber processors; ``(iv) rural economic development; ``(v) a national consumer interest group; ``(vi) a national forestry group; ``(vii) a national conservation or natural resource group; or ``(viii) private sector organizations involved in international development.''; (2) in subsection (c)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``review and'' and inserting ``make recommendations, review, and''; (ii) by striking subparagraph (A) and inserting the following new subparagraph: ``(A) long-term and short-term national policies and priorities consistent with the-- ``(i) purposes specified in section 1402 for agricultural research, extension, education, and economics; and ``(ii) priority areas of the Agriculture and Food Research Initiative specified in subsection (b)(2) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(b)(2));''; and (B) in subparagraph (B), by striking clause (i) and inserting the following new clause: ``(i) are in accordance with the-- ``(I) purposes specified in a provision of a covered law (as defined in subsection (d) of section 1492) under which competitive grants (described in subsection (c) of such section) are awarded; and ``(II) priority areas of the Agriculture and Food Research Initiative specified in subsection (b)(2) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(b)(2)); and''; (C) in paragraph (2), by inserting ``and make recommendations to the Secretary based on such evaluation'' after ``priorities''; and (D) in paragraph (4), by inserting ``and make recommendations on'' after ``review''; and (3) in subsection (h), by striking ``2018'' and inserting ``2023''.

Agricultural Research Advisory Board Improvement Act This bill amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to extend and modify the National Agricultural Research, Extension, and Education, and Economics Advisory Board. The bill reduces the membership of the board from 25 to 15 members and modifies the membership categories. It also specifies that the duties of the board include making recommendations to the Secretary of Agriculture regarding agricultural research, extension, education, and economics programs.

Agricultural Research Advisory Board Improvement Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Hunger-Free Communities Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I--NATIONAL COMMITMENT TO END HUNGER Sec. 101. Hunger reports. TITLE II--STRENGTHENING COMMUNITY EFFORTS Sec. 121. Hunger-free communities collaborative grants. Sec. 122. Hunger-free communities infrastructure grants. Sec. 123. Hunger-free communities training and technical assistance grants. Sec. 124. Report. Sec. 125. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds that-- (1)(A) at the 1996 World Food Summit, the United States, along with 185 other countries, pledged to reduce the number of undernourished people by half by 2015; and (B) as a result of that pledge, the Department of Health and Human Services adopted the Healthy People 2010 goal to cut food insecurity in half by 2010, and in doing so reduce hunger; (2) national nutrition programs are among the fastest, most direct ways to efficiently and effectively prevent hunger, reduce food insecurity, and improve nutrition among the populations targeted by a program; (3) in 2001, food banks, food pantries, soup kitchens, and emergency shelters helped to feed more than 23,000,000 low- income people; and (4) community-based organizations and charities can help-- (A) play an important role in preventing and reducing hunger; (B) measure community food security; (C) develop and implement plans for improving food security; (D) educate community leaders about the problems of and solutions to hunger; (E) ensure that local nutrition programs are implemented effectively; and (F) improve the connection of food insecure people to anti-hunger programs. SEC. 3. DEFINITIONS. In this Act: (1) Domestic hunger goal.--The term ``domestic hunger goal'' means-- (A) the goal of reducing hunger in the United States to at or below 2 percent by 2010; or (B) the goal of reducing food insecurity in the United States to at or below 6 percent by 2010. (2) Emergency feeding organization.--The term ``emergency feeding organization'' has the meaning given the term in section 201A of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501). (3) Food security.--The term ``food security'' means the state in which an individual has access to enough food for an active, healthy life. (4) Hunger-free communities goal.--The term ``hunger-free communities goal'' means any of the 14 goals described in the H. Con. Res. 302 (102nd Congress). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. TITLE I--NATIONAL COMMITMENT TO END HUNGER SEC. 101. HUNGER REPORTS. (a) Study.-- (1) Timeline.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a study of major matters relating to the problem of hunger in the United States, as determined by the Secretary. (B) Update.--Not later than 5 years after the date on which the study under subparagraph (A) is conducted, the Secretary shall update the study. (2) Matters to be assessed.--The matters to be assessed by the Secretary in the study and update under this section shall include-- (A) data on hunger and food insecurity in the United States; (B) measures carried out during the previous year by Federal, State, and local governments to achieve domestic hunger goals and hunger-free communities goals; (C) measures that could be carried out by Federal, State, and local governments to achieve domestic hunger goals and hunger-free communities goals; and (D) the impact of hunger and household food insecurity on obesity, in the context of poverty and food assistance programs. (b) Recommendations.--The Secretary shall develop recommendations on-- (1) removing obstacles to achieving domestic hunger goals and hunger-free communities goals; and (2) otherwise reducing domestic hunger. (c) Report.--The Secretary shall submit to the President and Congress-- (1) not later than 1 year after the date of enactment of this Act, a report that contains-- (A) a detailed statement of the results of the study, or the most recent update to the study, conducted under subsection (a)(1); and (B) the most recent recommendations of the Secretary under subsection (b); and (2) not later than 5 years after the date of submission of the report under paragraph (1), an update of the report. TITLE II--STRENGTHENING COMMUNITY EFFORTS SEC. 121. HUNGER-FREE COMMUNITIES COLLABORATIVE GRANTS. (a) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means a public food program service provider or a nonprofit organization, including but not limited to an emergency feeding organization, that demonstrates the organization has collaborated, or will collaborate, with 1 or more local partner organizations to achieve at least 1 hunger-free communities goal. (b) Program Authorized.-- (1) In general.--The Secretary shall use not more than 50 percent of any funds made available under section 125 to make grants to eligible entities to pay the Federal share of the costs of an activity described in subsection (d). (2) Federal share.--The Federal share of the cost of carrying out an activity under this section shall not exceed 80 percent. (3) Non-federal share.-- (A) Calculation.--The non-Federal share of the cost of an activity under this section may be provided in cash or in kind, fairly evaluated, including facilities, equipment, or services. (B) Sources.--Any entity may provide the non- Federal share of the cost of an activity under this section through a State government, a local government, or a private source. (c) Application.-- (1) In general.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary at the time and in the manner and accompanied by any information the Secretary may require. (2) Contents.--Each application submitted under paragraph (1) shall-- (A) identify any activity described in subsection (d) that the grant will be used to fund; (B) describe the means by which an activity identified under subparagraph (A) will reduce hunger in the community of the eligible entity; (C) list any partner organizations of the eligible entity that will participate in an activity funded by the grant; (D) describe any agreement between a partner organization and the eligible entity necessary to carry out an activity funded by the grant; and (E) if an assessment described in subsection (d)(1) has been performed, include-- (i) a summary of that assessment; and (ii) information regarding the means by which the grant will help reduce hunger in the community of the eligible entity. (3) Priority.--In making grants under this section, the Secretary shall give priority to eligible entities that-- (A) demonstrate in the application of the eligible entity that the eligible entity makes collaborative efforts to reduce hunger in the community of the eligible entity; and (B)(i) serve a predominantly rural and geographically underserved area; (ii) serve communities in which the rates of food insecurity, hunger, poverty, or unemployment are demonstrably higher than national average rates; (iii) provide evidence of long-term efforts to reduce hunger in the community; (iv) provide evidence of public support for the efforts of the eligible entity; or (v) demonstrate in the application of the eligible entity a commitment to achieving more than 1 hunger- free communities goal. (d) Use of Funds.-- (1) Assessment of hunger in the community.-- (A) In general.--An eligible entity in a community that has not performed an assessment described in subparagraph (B) may use a grant received under this section to perform the assessment for the community. (B) Assessment.--The assessment referred to in subparagraph (A) shall include-- (i) an analysis of the problem of hunger in the community served by the eligible entity; (ii) an evaluation of any facility and any equipment used to achieve a hunger-free communities goal in the community; (iii) an analysis of the effectiveness and extent of service of existing nutrition programs and emergency feeding organizations; and (iv) a plan to achieve any other hunger- free communities goal in the community. (2) Activities.--An eligible entity in a community that has submitted an assessment to the Secretary shall use a grant received under this section for any fiscal year for activities of the eligible entity, including-- (A) meeting the immediate needs of people in the community served by the eligible entity who experience hunger by-- (i) distributing food; (ii) providing community outreach; or (iii) improving access to food as part of a comprehensive service; (B) developing new resources and strategies to help reduce hunger in the community; (C) establishing a program to achieve a hunger-free communities goal in the community, including-- (i) a program to prevent, monitor, and treat children in the community experiencing hunger or poor nutrition; or (ii) a program to provide information to people in the community on hunger, domestic hunger goals, and hunger-free communities goals; and (D) establishing a program to provide food and nutrition services as part of a coordinated community- based comprehensive service. SEC. 122. HUNGER-FREE COMMUNITIES INFRASTRUCTURE GRANTS. (a) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means an emergency feeding organization (as defined in section 201A(4) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501(4))). (b) Program Authorized.-- (1) In general.--The Secretary shall use not more than 40 percent of any funds made available under section 125 to make grants to eligible entities to pay the Federal share of the costs of an activity described in subsection (d). (2) Federal share.--The Federal share of the cost of carrying out an activity under this section shall not exceed 80 percent. (c) Application.-- (1) In general.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary at the time and in the manner and accompanied by any information the Secretary may require. (2) Contents.--Each application submitted under paragraph (1) shall-- (A) identify any activity described in subsection (d) that the grant will be used to fund; and (B) describe the means by which an activity identified under subparagraph (A) will reduce hunger in the community of the eligible entity. (3) Priority.--In making grants under this section, the Secretary shall give priority to eligible entities the applications of which demonstrate 2 or more of the following: (A) The eligible entity serves a predominantly rural and geographically underserved area. (B) The eligible entity serves a community in which the rates of food insecurity, hunger, poverty, or unemployment are demonstrably higher than national average rates. (C) The eligible entity serves a community that has carried out long-term efforts to reduce hunger in the community. (D) The eligible entity serves a community that provides public support for the efforts of the eligible entity. (E) The eligible entity is committed to achieving more than 1 hunger-free communities goal. (d) Use of Funds.--An eligible entity shall use a grant received under this section for any fiscal year to carry out activities of the eligible entity, including-- (1) constructing, expanding, or repairing a facility or equipment to support hunger relief agencies in the community; (2) assisting an emergency feeding organization in the community in obtaining locally-produced produce and protein products; and (3) assisting an emergency feeding organization in the community to process and serve wild game. SEC. 123. HUNGER-FREE COMMUNITIES TRAINING AND TECHNICAL ASSISTANCE GRANTS. (a) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means a national or regional nonprofit organization that carries out an activity described in subsection (d). (b) Program Authorized.-- (1) In general.--The Secretary shall use not more than 10 percent of any funds made available under section 125 to make grants to eligible entities to pay the Federal share of the costs of an activity described in subsection (d). (2) Federal share.--The Federal share of the cost of carrying out an activity under this section shall not exceed 80 percent. (c) Application.-- (1) In general.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary at the time and in the manner and accompanied by any information the Secretary may require. (2) Contents.--Each application submitted under paragraph (1) shall-- (A) demonstrate that the eligible entity does not operate for profit; (B) describe any national or regional training program carried out by the eligible entity, including a description of each region served by the eligible entity; (C) describe any national or regional technical assistance provided by the eligible entity, including a description of each region served by the eligible entity; and (D) describe the means by which each organization served by the eligible entity-- (i) works to achieve a domestic hunger goal; (ii) works to achieve a hunger-free communities goal; or (iii) used a grant received by the organization under section 121 or 122. (3) Priority.--In making grants under this section, the Secretary shall give priority to eligible entities the applications of which demonstrate 2 or more of the following: (A) The eligible entity serves a predominantly rural and geographically underserved area. (B) The eligible entity serves a region in which the rates of food insecurity, hunger, poverty, or unemployment are demonstrably higher than national average rates. (C) The eligible entity serves a region that has carried out long-term efforts to reduce hunger in the region. (D) The eligible entity serves a region that provides public support for the efforts of the eligible entity. (E) The eligible entity is committed to achieving more than 1 hunger-free communities goal. (d) Use of Funds.--An eligible entity shall use a grant received under this section for any fiscal year to carry out national or regional training and technical assistance for organizations that-- (1) work to achieve a domestic hunger goal; (2) work to achieve a hunger-free communities goal; or (3) receive a grant under section 121 or 122. SEC. 124. REPORT. Not later than September 30, 2013, the Secretary shall submit to Congress a report describing-- (1) each grant made under this title, including-- (A) a description of any activity funded by such a grant; and (B) the degree of success of each activity funded by such a grant in achieving hunger-free communities goals; and (2) the degree of success of all activities funded by grants under this title in achieving domestic hunger goals. SEC. 125. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $50,000,000 for each of fiscal years 2008 through 2013.

Hunger-Free Communities Act of 2007 - Directs the Secretary of Agriculture conduct a study of hunger in the United States and develop recommendations on reducing domestic hunger. Directs the Secretary to make: (1) hunger-free communities collaborative grants to eligible public food program service providers or nonprofit organizations; (2) hunger-free communities infrastructure grants to eligible emergency feeding organizations; and (3) hunger-free communities training and technical assistance grants to eligible national or regional nonprofit organizations. (States that such grants' federal share shall not exceed 80%.) Sets forth grant priorities.

A bill to reduce hunger in the United States.

SECTION 1. EDUCATION FOR ELIGIBLE ADULTS. The Adult Education Act is amended by adding at the end the following: ``PART E--EDUCATION FOR ELIGIBLE ADULTS ``SEC. 391. SHORT TITLE. ``This part may be cited as the `American Citizenship and Comprehensive Educational Support Services Act of 1994'. ``SEC. 392. FINDINGS AND PURPOSE. ``(a) Findings.--The Congress finds that-- ``(1) there has been and will continue to be immigration into the United States; ``(2) there is an increasing fiscal burden on States and localities to implement Federal immigration policies that provide for education and naturalization classes for eligible adults; ``(3) previously there was a Federal funding commitment to educate and naturalize eligible adults under the Immigration Reform and Control Act of 1986 through the State Legalization Impact Assistance Grant program; ``(4) the State Legalization Impact Assistance Grant program has demonstrated that there is a keen interest on the part of eligible adults in obtaining additional basic and vocational education, as well as language and civics instruction to qualify for naturalization; and ``(5) it is in the best interest of the United States to have an educated population who can contribute to the work force. ``(b) Purpose.--The purpose of this part is to provide financial assistance to States and localities to aid in the educational and naturalization transition of eligible adults to the United States. ``SEC. 393. PROGRAM AUTHORIZED. ``(a) Program.--The Secretary is authorized, in accordance with this part, to make grants to or enter into contracts with eligible service providers for the establishment, operation, and improvement of programs that provide eligible services for eligible adults. ``(b) Uses of Funds.--(1) Activities assisted under this part shall include-- ``(A) public education; ``(B) public outreach; ``(C) assistance with initiating or completing naturalization procedures; ``(D) educational, instructional, or testing services to eligible adults to assist such adults in obtaining citizenship; and ``(E) an annual evaluation component to assess program quality and effectiveness. ``(2) Of the funds allocated under this part for a fiscal year, not less than 15 percent shall be used to train personnel engaged or preparing to engage in providing direct services to eligible adults under this part. ``(3) Of the funds allocated under this part for a fiscal year, not more than 5 percent shall be used for administrative costs. ``(c) Priority.--In awarding grants or making contracts under this part, the Secretary shall-- ``(1) give first preference to eligible service providers in States with not less than 100,000 eligible adults; and ``(2) give further preference to eligible service providers that demonstrate the following: ``(A) A commitment to locate and operate programs in localities with high concentrations of eligible adults. ``(B) Experience serving eligible adults under section 204 of the Immigration Reform and Control Act of 1986 and limited English proficient adults under section 372 of this Act. ``(C) A plan to locate and operate programs in neighborhoods where there is a high incidence of poverty. ``SEC. 394. APPLICATIONS. ``(a) Submission.--To be eligible to receive a grant or contract under this part, an eligible service provider shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. ``(b) Content of Application.--Applications for grants or contracts under this part shall include-- ``(1) a description of the past experience of the applicant in operating a comparable program or in conducting a grant program in support of other comparable service programs; ``(2) a public education plan to the community; ``(3) an outreach plan to the targeted population; ``(4) a description of the range of services to be provided and the anticipated outcomes; ``(5) a plan to train personnel; ``(6) assurances that the program will use qualified personnel; ``(7) assurances that the applicant has the administrative capacity to operate a program; ``(8) an estimation of the number of eligible adults to be served annually; ``(9) a plan to coordinate services available to eligible adults with other Federal, State, and local agencies; ``(10) a description of the evaluation indicators to assess program quality and effectiveness; and ``(11) such other information as the Secretary considers appropriate. ``SEC. 395. REPORT. ``The Secretary shall report to Congress every 2 years, beginning with the 2d year after the date of the enactment of this part regarding the effectiveness of programs for eligible adults served under this part. ``SEC. 396. PROGRAM STANDARDS. ``Not later than 1 year after the date of the enactment of this part the Secretary, in consultation with appropriate experts, educators, and administrators, shall develop indicators of program quality to be used by eligible service providers that receive assistance under this part as models by which to judge the quality and effectiveness of such programs, including the effectiveness of recruiting students, retention of material by students, and improvement of education, language, and literacy skills of students served by such programs. Such indicators shall take into account different operating conditions and shall be modified as necessary. ``SEC. 397. DEFINITIONS. ``For purposes of this part-- ``(1) the term `eligible adult' means an adult who-- ``(A) is an alien lawfully admitted to the United States for permanent residence; ``(B) is an alien lawfully admitted to the United States as a refugee; or ``(C) is otherwise permanently residing in the United States under color of law; ``(2) the term `eligible services' means-- ``(A) English language instruction; ``(B) citizenship or civics instruction; ``(C) adult education and vocational education; ``(D) literacy services; and ``(E) college preparatory classes; and ``(3) the term `eligible service providers' means-- ``(A) State educational agencies; ``(B) local educational agencies; ``(C) public and private institutions of higher learning (excluding for-profit trade schools); and ``(D) public and private nonprofit organizations, including community-based organizations. ``SEC. 398. AUTHORIZATION AND APPROPRIATION. ``There are authorized to be appropriated $100,000,000 for fiscal year 1995 and such sums as may be necessary for each of the fiscal years 1996 through 1999 to carry out this part.''.

American Citizenship and Comprehensive Educational Support Services Act of 1994 - Amends the Adult Education Act to establish a program of financial assistance to States and localities to aid in the educational and naturalization transition of eligible adults to the United States. Authorizes the Secretary of Education to make grants to or contracts with eligible service providers for programs providing English language instruction, citizenship or civics instruction, adult education and vocational education, literacy services, and college preparatory classes for eligible adults. Requires assisted activities to include public education, public outreach, assistance with naturalization procedures, educational services to assist eligible adults in obtaining citizenship, and a program evaluation component. Authorizes appropriations.

American Citizenship and Comprehensive Educational Support Services Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice in Federally Assisted Housing Act''. SEC. 2. STUDY OF PROXIMITY OF FEDERALLY ASSISTED HOUSING TO HAZARDOUS WASTE SITES. (a) In General.--The advisory commission established pursuant to section 3 shall conduct a study of federally assisted housing to determine-- (1) which such housing has a hazardous waste site located within the covered area (as such term is defined in section 4) for the housing; (2) which such housing has located within the covered area for the housing any hazardous waste site having any history of failure to contain the hazardous substances on site and the circumstances regarding such failure; (3) the extent to which federally assisted housing that has a hazardous waste site located within the covered area for the housing is occupied by persons who are members of racial and ethnic minorities and the extent to which this proportion differs from the proportion of residents of all federally assisted housing that are members of racial and ethnic minorities; (4) what types of hazardous substances and health risks are or could be associated with the hazardous waste sites that are located within the covered areas for federally assisted housing; and (5) whether there is any history of disease, illness, or other health problems among the populations residing within the covered areas for hazardous waste sites (including residents of federally assisted housing) that have been determined to be associated, or could be associated, with such sites. (b) Reports.--The advisory commission shall submit to the Secretary of Housing and Urban Development and the Congress the following reports: (1) Interim.--Not later than 1 year after the date of the enactment of this Act, an interim report describing the method by which the study under subsection (a) is being conducted and setting forth the results of the study available at such time. (2) Final.--Not later than 2 years after the date of the enactment of this Act, a final report containing the final results and conclusions of the study under subsection (a). SEC. 3. ADVISORY COMMISSION. (a) Establishment.--There is established an Advisory Commission on the Proximity of Hazardous Waste Sites to Federally Assisted Housing (in this section referred to as the ``advisory commission''). (b) Duties.--The duties of the advisory commission shall be-- (1) to conduct the study and issue the reports required under section 2; (2) to advise the Secretary on issues relating to the proximity of hazardous waste sites to federally assisted housing and respond to any requests from the Secretary regarding such issues; (3) to make recommendations regarding the programs for federally assisted housing to address health and safety issues arising from the proximity of hazardous waste sites to federally assisted housing; (4) to survey Federal, State, and local agencies, programs, and activities relating to health and safety risks arising from hazardous waste sites, and to advise the Secretary on means to obtain, compile, publish, and use credible data related to the location, frequency, and severity of such risks; and (5) to recommend to the Secretary research regarding the health and safety risks associated with the proximity of hazardous waste sites to federally assisted housing which should be conducted to ensure decent, safe, and sanitary federally assisted housing. (c) Membership.-- (1) Number and appointment.--The advisory commission shall be composed of 7 members, appointed not later than 180 days after the date of the enactment of this Act, as follows: (A) 1 member appointed by the President. (B) 1 member appointed by the Speaker of the House of Representatives. (C) 1 member appointed by the Minority Leader of the House of Representatives. (D) 1 member appointed by the Majority Leader of the Senate. (E) 1 member appointed by the Minority Leader of the Senate. (F) 1 member appointed by the Secretary. (G) 1 member appointed by the Administrator of the Environmental Protection Agency. (2) Qualifications.--Appointees shall have proven expertise in the field of environmental law, public housing, or public health. (d) Term of Office.-- (1) In general.--Each member of the advisory commission shall be appointed for a term of office of 3 years, except as provided in paragraphs (2) and (3). (2) Terms of initial appointees.--As designated at the time of appointment, of the members first appointed-- (A) the members appointed under subparagraphs (B) and (E) of subsection (c)(1) shall each be appointed for a term of 1 year; and (B) the members appointed under subparagraphs (A), (C), and (D) of subsection (c)(1) shall each be appointed for terms of 2 years. (3) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Chairperson.--The members of the advisory commission shall select a chairperson from among the members. (f) Meetings.--The Commission shall first meet within 60 days after all members of the advisory commission are appointed, and thereafter shall meet not less often than 3 times per year and at the call of the chairperson. A majority of the members of the advisory commission shall constitute a quorum but a lesser number may hold hearings. (g) Compensation.--Members of the advisory commission who are officers or employees of the Federal Government shall serve as members of the advisory commission without compensation in addition to that received in their regular public employment. Members of the advisory commission who are not officers or employees of the Federal Government shall be compensated at a rate not to exceed the daily equivalent of the rate in effect for grade GS-18 of the General Schedule for each day (including traveltime) they are engaged in the performance of their duties as members of the advisory commission. Each member of the advisory commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) Staff.--The Secretary shall provide the advisory commission with such meeting space, professional and clerical staff, such information, the services of such consultants, and such other resources as may be necessary to assist the advisory commission in effectively carrying out its duties under this section. (i) Termination.--The advisory commission shall terminate at the end of December 31, 2008. SEC. 4. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Advisory commission.--The term ``advisory commission'' means the advisory commission established pursuant to section 3. (2) Covered area.--The term ``covered area'' means, with respect to a federally assisted housing project or a hazardous waste site, as applicable, the square-shaped area that is 2 miles on each side, is aligned on a north-south axis, and has the federally assisted housing project or hazardous waste site, as applicable, as its geographical center. (3) Federally assisted housing.--The term ``federally assisted housing'' has the meaning given such term in section 683 of the Housing and Community Development Act of 1992 (42 U.S.C. 13641). (4) Hazardous waste site.--The term ``hazardous waste site'' means any site or facility-- (A) listed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; or (B) for which the Environmental Protection Agency has conducted a remedial preliminary assessment or a remedial site inspection and has determined that the site or facility has obtained a preliminary score sufficient for possible listing on such National Priorities List. Such term includes sites and facilities that meet the criteria under subparagraphs (A) and (B) after the date of the enactment of this Act. (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.

Environmental Justice in Federally Assisted Housing Act - Establishes the Advisory Commission on the Proximity of Hazardous Waste Sites to Federally Assisted Housing which shall conduct a study and report regarding: (1) the extent and proximity of federally assisted housing to hazardous waste sites; and (2) related health risks and illness histories.

To provide for a study regarding the proximity of federally assisted housing to hazardous waste sites.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strong Visa Integrity Secures America Act''. SEC. 2. VISA SECURITY. (a) Visa Security Units at High Risk Posts.--Paragraph (1) of section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(A) Authorization.--The Secretary''; and (2) by adding at the end the following new subparagraph: ``(B) Risk-based assignments.-- ``(i) In general.--The Secretary shall assign, in a risk-based manner, and based on the criteria described in clause (ii), employees of the Department to not fewer than 30 diplomatic and consular posts at which visas are issued. ``(ii) Criteria described.--The criteria referred to in clause (i) are the following: ``(I) The number of nationals of a country in which any of the diplomatic and consular posts referred to in clause (i) are located who were identified in United States Government databases related to the identities of known or suspected terrorists during the previous year. ``(II) The level of cooperation of such country with the counterterrorism efforts of the United States. ``(III) Information analyzing the presence, activity, or movement of terrorist organizations (as such term is defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) within or through such country. ``(IV) The number of derogatory Security Advisory Opinions issued by the Visa Security Advisory Opinion Unit pursuant to paragraph (10) regarding nationals of a country in which any of the diplomatic and consular posts referred to in clause (i) are located. ``(V) The adequacy of the border and immigration control of such country. ``(VI) Any other criteria the Secretary determines appropriate. ``(iii) Rule of construction.--The assignment of employees of the Department pursuant to this subparagraph is solely the authority of the Secretary and may not be altered or rejected by the Secretary of State.''. (b) Counterterror Vetting and Screening.--Paragraph (2) of section 428(e) of the Homeland Security Act of 2002 is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Screen any such applications against the appropriate criminal, national security, and terrorism databases maintained by the Federal Government.''. (c) Training and Hiring.--Subparagraph (A) of section 428(e)(6) of the Homeland Security Act of 2002 is amended by-- (1) striking ``The Secretary shall ensure, to the extent possible, that any employees'' and inserting ``The Secretary, acting through the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement, shall provide training to any employees''; and (2) striking ``shall be provided the necessary training''. (d) Pre-Adjudicated Visa Security Assistance and Visa Security Advisory Opinion Unit.--Subsection (e) of section 428 of the Homeland Security Act of 2002 is amended by adding at the end the following new paragraphs: ``(9) Remote pre-adjudicated visa security assistance.--At the visa-issuing posts at which employees of the Department are not assigned pursuant to paragraph (1), the Secretary shall, to the greatest extent possible, in a risk-based manner, and in consultation, where appropriate, with the Secretary of State, assign employees of the Department to remotely perform the functions required under paragraph (2) for such posts. ``(10) Visa security advisory opinion unit.--The Secretary shall establish within U.S. Immigration and Customs Enforcement a Visa Security Advisory Opinion Unit to respond to requests from the Secretary of State to conduct a visa security review using information maintained by the Department on visa applicants, including terrorism association, criminal history, and other relevant factors, as determined by the Secretary.''. SEC. 3. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following new sections: ``SEC. 434. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING. ``(a) In General.--Not later than one year after the date of the enactment of this section, the Commissioner of U.S. Customs and Border Protection shall-- ``(1) screen electronic passports at airports of entry by reading each such passport's embedded chip; and ``(2) to the greatest extent practicable, utilize facial recognition technology or other biometric technology, as determined by the Commissioner, to screen travelers at United States airports of entry. ``(b) Applicability.-- ``(1) Electronic passport screening.--Paragraph (1) of subsection (a) shall apply to passports belonging to individuals who are United States citizens, individuals who are nationals of a program country pursuant to section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), and individuals who are nationals of any other foreign country that issues electronic passports. ``(2) Facial recognition matching.--Paragraph (2) of subsection (a) shall apply to individuals who are nationals of a program country pursuant to section 217 of the Immigration and Nationality Act. ``SEC. 435. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER PROTECTION. ``The Commissioner of U.S. Customs and Border Protection shall, in a risk based manner, continuously screen individuals issued any visa, and individuals who are nationals of a program country pursuant to section 217 of the Immigration and Nationality Act, who are present, or will soon be arriving, in the United States, against the appropriate criminal, national security, and terrorism databases maintained by the Federal Government.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 433 the following new items: ``Sec. 434. Electronic passport screening and biometric matching. ``Sec. 435. Continuous screening by U.S. Customs and Border Protection.''. SEC. 4. REPORTING OF VISA OVERSTAYS. Section 2 of Public Law 105-173 (8 U.S.C. 1376) is amended-- (1) in subsection (a)-- (A) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (B) by inserting before the period at the end the following: ``, and any additional information that the Secretary determines necessary for purposes of the report under subsection (b)''; and (2) by amending subsection (b) to read as follows: ``(b) Annual Report.--Not later than June 30, 2017, and not later than June 30 of each year thereafter, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate providing, for the preceding fiscal year, numerical estimates of-- ``(1) for each country, the number of aliens from the country who are described in subsection (a), including-- ``(A) the total number of such aliens within all classes of nonimmigrant aliens described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and ``(B) the number of such aliens within each of the classes of nonimmigrant aliens, as well as the number of such aliens within each of the subclasses of such classes of nonimmigrant aliens, as applicable; ``(2) for each country, the percentage of the total number of aliens from the country who were present in the United States and were admitted to the United States as nonimmigrants who are described in subsection (a); ``(3) the number of aliens described in subsection (a) who arrived by land at a port of entry into the United States; and ``(4) the number of aliens described in subsection (a) who entered the United States using a border crossing identification card (as such term is defined in section 101(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(6))).''. SEC. 5. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM VERIFICATION. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure that the information collected under the program established under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is available to officers of U.S. Customs and Border Protection conducting primary inspections of aliens seeking admission to the United States at each port of entry of the United States.

Strong Visa Integrity Secures America Act This bill amends the Homeland Security Act of 2002 to require the Department of State to assign, in a risk-based manner, State Department employees to at least 50 visa-issuing diplomatic and consular posts based upon the following criteria: the number of nationals of a country in which such posts are located who were identified in U.S. terrorist databases, such a country's counterterrorism cooperation with the United States, the adequacy of border and immigration control of such country, terrorist organization activity in such country, and the number of negative security advisory opinions regarding nationals of such country. Such employees shall, in addition to other duties, screen admissions applications against federal criminal, national security, and terrorism databases. The Department of Homeland Security (DHS) shall: establish within U.S. Immigration and Customs Enforcement a visa security advisory opinion unit to respond to State Department requests for visa security reviews; and provide, in a risk-based manner, for remote pre-adjudicated visa security assistance at at least 50 posts that are not assigned such employees. U.S. Customs and Border Protection (CBP) shall, within one year after enactment of this bill: screen electronic passports at U.S. entry airports by reading each passport's embedded chip, and utilize facial recognition or other biometric technology to screen travelers at such airports. Electronic passport screening shall apply to U.S. citizens, nationals of a visa waiver program country, and nationals of any other foreign country that issues electronic passports. Facial recognition or other biometric technology screening shall apply to nationals of a visa waiver program country. The CBP shall, in a risk-based manner, continuously screen individuals issued any visa and individuals who are visa waiver program nationals against criminal, national security, and terrorism databases. The annual visa overstay report is revised. DHS shall: (1) ensure that certain foreign student information is available at each U.S. port of entry to CBP officers who conduct primary inspections of aliens seeking U.S. admission; (2) review the social media accounts of visa applicants who are citizens of, or who reside in, high-risk countries; and (3) review open source information of visa applicants.

Strong Visa Integrity Secures America Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Community Cancer Care Preservation Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Application of average sales price payment methodology. Sec. 3. Increase in Medicare part B reimbursement for certain chemotherapy administration. Sec. 4. Provisions for the appropriate reporting and billing of physicians' services associated with pharmacy facilities management and medical oncology treatment planning. SEC. 2. APPLICATION OF AVERAGE SALES PRICE PAYMENT METHODOLOGY. (a) Requiring Monthly and Not Quarterly Determinations.-- (1) In general.--Section 1847A(c) of the Social Security Act (42 U.S.C. 1395w-3a(c)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A) and in subparagraph (A), by striking ``calendar quarter'' and inserting ``month'' each place it appears; and (ii) in subparagraph (B), by striking ``quarter'' and inserting ``month''; (B) in paragraph (4)-- (i) in the heading, by striking ``quarter'' and inserting ``month''; and (ii) by striking ``calendar quarter'' and inserting ``month''; and (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``quarterly'' and inserting ``monthly'' each place it appears; and (ii) by amending subparagraph (B) to read as follows: ``(B) Updates in payment amounts.--The payment amounts under subsection (b) shall be updated and applied by the Secretary based upon the manufacturer's average sales price for a drug or biological calculated for the most recent month for which data are available. This update shall be made no later than two months following publication of such data by the manufacturer.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to payment amounts for months beginning on or after January 1, 2008. (b) Adjustment to Average Sales Price Calculation.-- (1) In general.--Section 1847A(c) of such Act (42 U.S.C. 1395w-3(a)(c)) is further amended in paragraph (3)-- (A) in the first sentence, by striking ``prompt pay discounts,''; and (B) in the second sentence, by inserting ``(other than prompt pay discounts),'' after ``other price concessions,''. (2) Effective date.--The amendments made by paragraph (1) shall apply to payment amounts for months beginning on or after January 1, 2008. SEC. 3. INCREASE IN MEDICARE PART B REIMBURSEMENT FOR CERTAIN CHEMOTHERAPY ADMINISTRATION. (a) In General.--Section 1848(a) of the Social Security Act (42 U.S.C. 1395w-4(a)) is amended by adding at the end the following new paragraph: ``(5) Special rule for certain chemotherapy administration.-- ``(A) In general.--In the case of Medicare chemotherapy administration services furnished on or after January 1, 2008, the fee schedule amount to be applied shall be equal to the following: ``(i) First hour of chemotherapy infusions.--For such services described in clause (i), (ii), or (iii) of subparagraph (B), an amount equal to 132 percent of the fee schedule amount otherwise applicable under this section (without regard to this paragraph) for such respective services. ``(ii) Subsequent hours of chemotherapy infusions.--For such services described in clause (iv) or (v) of subparagraph (B), an amount equal to 70 percent of the amount determined under clause (i) for services described in clause (i) or (iii), respectively, of such subparagraph. ``(B) Medicare chemotherapy administration services defined.--For purposes of this paragraph, the term `Medicare chemotherapy administration services' means physicians' services identified, as of January 1, 2007, by any of the following codes (or any successor to such a code as identified by the Secretary) for which payments are made under subsection (b): ``(i) CPT code 96413 (relating to intravenous infusions of initial drug up to one hour). ``(ii) CPT code 96417 (relating to additional, sequential intravenous infusions of different drugs up to one hour). ``(iii) CPT code 96422 (relating to inter- arterial infusions for up to one hour). ``(iv) CPT code 96415 (relating to intravenous infusions for subsequent hours). ``(v) CPT code 96423 (relating to inter- arterial infusions for subsequent hours).''. SEC. 4. PROVISIONS FOR THE APPROPRIATE REPORTING AND BILLING OF PHYSICIANS' SERVICES ASSOCIATED WITH PHARMACY FACILITIES MANAGEMENT AND MEDICAL ONCOLOGY TREATMENT PLANNING. (a) In General.--Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w-4(c)(2)) is amended-- (1) in subparagraph (B)(iv)-- (A) in subclause (II), by striking ``and''; (B) in subclause (III), by striking the period; and (C) by adding at the end the following new subclauses: ``(IV) subparagraph (K) insofar as it relates to a physician fee schedule for 2008 and each subsequent year shall not be taken into account in applying clause (ii)(II) for drug administration services under the fee schedule for such year; and ``(V) subparagraph (L) insofar as it relates to a physician fee schedule for 2008 and each subsequent year shall not be taken into account in applying clause (ii)(II) for medical oncology treatment planning services under the fee schedule for such year.''; and (2) by adding at the end the following new subparagraphs: ``(K) Adjustment in payment rates for pharmacy facilities management costs.--In establishing the physician fee schedule under subsection (b) with respect to payments for drug administration services furnished on or after January 1, 2008, and in order to take into account pharmacy facilities management costs, the Secretary shall provide for an additional payment for such services in an amount equal to 2 percent of the amount determined under section 1847A for the drug administered. ``(L) Provisions for the appropriate reporting and billing of physicians' services associated with pharmacy facilities management and medical oncology treatment planning.-- ``(i) Creation of new cpt codes.-- ``(I) Pharmacy facilities management.--Not later than one year after the date of the enactment of this subparagraph, in carrying out subparagraph (K), the Secretary shall issue appropriate CPT codes for the reporting and billing of pharmacy facilities management services that would correspond to the additional payment provided under subparagraph (K). ``(II) Medical oncology treatment planning.--Not later than one year after the date of the enactment of this subparagraph, the Secretary shall issue two new CPT codes, one moderate and one complex, for the reporting and billing of medical oncology treatment planning services furnished by physicians and other professional staff in the specialties of hematology, hematology- oncology, and medical oncology. ``(ii) Use of existing processes.--In carrying out clause (i), the Secretary shall use existing processes for the implementation of such coding changes, as appropriate. ``(iii) Consultation.--In carrying out clause (i), the Secretary shall consult with representatives of physicians in the specialties of hematology, hematology-oncology, and medical oncology affected by the adoption of such coding changes.''.

Community Cancer Care Preservation Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to require determination and calculation of the manufacturer's average sales price for a drug or biological on a monthly instead of a quarterly basis. Requires the payment amounts to be updated and applied by the Secretary of Health and Human Services based on the manufacturer's average sales price for the drug or biological calculated for the most recent month for which data are available. Removes prompt pay discounts from the calculation of such price. Provides for an increase in the Medicare part B (Supplementary Medical Insurance) payment for chemotherapy administration services. Directs the Secretary to make an additional 2% for any drug administration services payment to physicians, taking into account pharmacy facilities management costs. Directs the Secretary to develop new CPT codes for reporting and billing of physician's services associated with pharmacy facilities management and with medical oncology treatment planning.

A bill to amend title XVIII of the Social Security Act to preserve access to community cancer care by Medicare beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Aviation and Flight Enhancement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The events of September 11, 2001, demonstrated that the United States needs to do more to ensure the survivability and quick retrieval of critical flight data and cockpit voice recording units aboard commercial aircraft. (2) Increased national security threats to commercial airliners demand that the United States do everything possible to better secure the safety of our passengers by ensuring the quick and complete recovery of critical flight data from commercial air disasters for immediate analysis of potential terrorism and to avoid unnecessary grounding of our commercial air fleet. (3) In light of new commercial aviation advances, including increased polar flights, increased air traffic over-water, and the onset of free flight, there is increased potential for more difficult location and recovery of fixed flight recorder and cockpit voice recorder units. (4) Hundreds of millions of dollars are unnecessarily - expended to locate and recover ``black boxes'', especially in underwater investigations, despite existing deployable recorder technology currently used by the United States Armed Forces, which would allow us to avoid such unnecessary and wasteful costs.- (5) It is in the public's best interest to accomplish these -improvements by implementing the March, 9, 1999, recommendations A-99-16 through A-99-18 of the National Transportation Safety Board, in addition to incorporating a combined cockpit voice recorder and digital flight data recorder system designed to eject from the rear of the aircraft at the moment of an accident, so that the system will avoid the direct impact forces of the crash, avoid -becoming ensnarled in the wreckage or fire intensity of the crash site, and float indefinitely on water. (6) The Navy's successful experience since 1993 with deployable technology indicates that transfer of this technology into the commercial sector provides an obvious way to help us meet our goals to increase the survivability and retrieval of recorders while reducing the time and cost of a mishap, investigation, search, rescue, and recovery. (7) Valuable time is lost searching for fixed flight data recorders in the wreckage of a crash site, especially at the bottom of the ocean, and critical data is unnecessarily lost in incidents in which the aircraft's electrical supply is prematurely interrupted or the black boxes do not survive the crash circumstances, as is evident in reviewing some of our most recent and devastating air incidents, the including the following: (A) Neither flight data or cockpit voice recorder was recovered from American Airlines Flight 11 and United Airlines Flight 175 that were used in the World Trade Center attacks on September 11, 2001. (B) It took 3 days to recover the flight data and cockpit voice recorders from American Airlines Flight 77 that was used in the Pentagon attack on September 11, 2001. In addition, the cockpit voice recorder was damaged beyond repair, rendering no information. (C) It took 13 days to locate the cockpit voice recorder and 9 days to recover the flight data recorder from the air disaster involving Egypt Air Flight 990 in the vicinity of Nantucket, Massachusetts, air disaster on October 31, 1999. (D) With respect to Swiss Air Flight 111 International in Halifax, Canada, on September 2, 1998, the cockpit voice recorder stopped nearly 6 minutes before the airplane hit the water, and it took search teams 9 days to locate the cockpit voice recorder and 4 days to recover the flight data recorder. (E) The cockpit voice recorder and flight data recorder stopped about 40 to 50 seconds before the Valuejet Flight 592 crashed on its way back to the Miami, Florida, airport on May 11, 1996. It took 15 days to recover the cockpit voice recorder, and 2 days to recover the flight data recorder from such flight because the underwater locator beacon failed. (F) With respect to TWA Flight 800 which exploded and crashed in the vicinity of Moriches, New York, on July 17, 1996, the cockpit voice recorder and flight data recorder stopped at the time of the explosion, even though the airplane did not hit the water for another 40 to 50 seconds, and it took 7 days to recover such recorders. SEC. 3. REGULATIONS REQUIRING DEPLOYABLE RECORDERS AND OTHER PURPOSES. (a) In General.--Chapter 447 of title 49, United States Code is amended by adding at the end the following: ``Sec. 44727. Installation of additional flight recorders ``(a) Regulations.-- ``(1) In general.--Not later than 90 days after the date of enactment of this section, the Secretary of Transportation shall issue regulations that require in accordance with this section all commercial aircraft that must carry both a cockpit voice recorder and digital flight data recorder to be equipped with 2 combination cockpit voice and digital flight data recording systems. One system shall be located as close to the cockpit as practicable, and the other shall be mounted as far rear on the airframe as practicable and shall be a deployable recorder system. ``(2) Minimum capabilities.--Both recording systems shall be capable of recording all mandatory data parameters covering the previous 25 hours of operation and all cockpit audio, including controller-pilot data link messages for the previous 2 hours of operation. ``(3) Cockpit system.--The system located near the cockpit shall be powered by the electrical bus to provide the second highest reliability for operation without jeopardizing service to essential or emergency loads. In addition, such system shall be provided with an independent power source that is located with the combination recorder and that automatically engages and provides 10 minutes of operation whenever normal aircraft power ceases. ``(4) Rear system.--The rear system shall be powered by the electrical bus to provide the maximum reliability for operation without jeopardizing service to essential or emergency loads. In addition, such system shall be provided with an independent power source that is located with the combination recorder and that automatically engages and provides 10 minutes of operation whenever normal aircraft power ceases. ``(b) Schedule for Installation of Dual Combined Systems.--The regulations shall require the installation of front combination fixed recorder systems and rear combination, deployable recorder system required under this section on commercial aircraft that are ordered by an air carrier on or after January 1, 2005. ``(c) Definitions.--In this section, the following definitions apply: ``(1) Commercial aircraft.--The term `commercial aircraft' means-- ``(A) a jet aircraft with 10 or more seats or greater than 12,500 pound maximum takeoff weight; and ``(B) a propeller driven aircraft with greater than 19 seats or greater than 19,000 pound maximum takeoff weight. ``(2) Deployable recorder system.--The term `deployable recorder system' means a digital flight data recorder, cockpit voice recorder and emergency locator transmitter housed as one unit within an assembly that is -designed to be mounted conformal to the surface of the airframe, eject from the aircraft upon accident and fly away from the crash site, and float indefinitely on water.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``44727. Installation of additional flight recorders.''. SEC. 4. PURCHASE OF FIXED AND DEPLOYABLE RECORDER SYSTEMS. The Secretary of Transportation shall purchase and make available, at no cost, to an air carrier (as defined in section 40102 of title 49, United States Code) such fixed recorder systems and deployable recorder systems as may be necessary for the air carrier to comply with the regulations issued under section 44727 of such title. SEC. 5. REIMBURSEMENT OF AIRCRAFT MANUFACTURERS. The Secretary of Transportation shall reimburse aircraft manufacturers owned or controlled by a citizen of the United States (as defined in section 40102 of title 49, United States Code) for engineering, certification, and installation costs they incur in developing and installing fixed recorder systems and deployable recorder systems to comply with the regulations issued under section 44727 of such title.

Safe Aviation and Flight Enhancement Act - Amends Federal aviation law to direct the Secretary of Transportation to issue regulations requiring all commercial aircraft to carry both a cockpit voice recorder and digital flight data recorder equipped with two combination cockpit voice and digital flight data recording systems. Mandates that one system be located as close to the cockpit as practicable, and that the other be a deployable recorder system mounted as far rear on the airframe as practicable. Sets forth minimum recorder capabilities. Directs the Secretary to: (1) purchase and make available, at no cost, to an air carrier such fixed recorder systems and deployable recorder systems as may be necessary for the air carrier to comply with regulations; and (2) reimburse aircraft manufacturers owned or controlled by a U.S. citizen for engineering, certification, and installation costs incurred in developing and installing fixed recorder and deployable recorder systems in compliance with regulations.

To direct the Secretary of Transportation to issue a regulation requiring the installation of 2 combination cockpit voice recorder and digital flight data recorder systems in each commercial passenger aircraft, currently required to carry each of those recorders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Saver's Credit Act of 2007''. SEC. 2. COLLEGE SAVER'S CREDIT. (a) Allowance of Refundable Credit.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. COLLEGE SAVER'S CREDIT. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 50 percent of so much of the qualified college savings contributions made during the taxable year as do not exceed $2,000. ``(b) Limitations.-- ``(1) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for the taxable year, over ``(II) the applicable amount, bears to ``(ii) the phaseout amount. ``(C) Applicable amount; phaseout amount.--For purposes of subparagraph (B), the applicable amount and the phaseout amount shall be determined as follows: The The applicable phaseout amount is: amount is: ------------------------------------------------------------------------ In the case of a joint return................. $60,000 $10,000 In the case of a head of household............ $45,000 $7,500 In any other case............................. $30,000 $5,000 ------------------------------------------------------------------------ ``(D) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(E) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2008, each of the applicable amounts in the second column of the table in subparagraph (C) 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 2007' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $500. ``(2) Earned income limitation.--The amount of the credit allowable under subsection (a) to any taxpayer for any taxable year shall not exceed the earned income (as defined by section 32(c)(2)) of such taxpayer for such taxable year. ``(c) Eligible Individual.--For purposes of this section-- ``(1) In general.--The term `eligible individual' means any individual if such individual has attained the age of 18 as of the close of the taxable year. ``(2) Dependents not eligible.--The term `eligible individual' shall not include any individual with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Qualified College Savings Contributions.--The term `qualified college savings contributions' means, with respect to any taxable year, the aggregate contributions made by the taxpayer to any account which-- ``(1) is described in section 529(b)(1)(A)(ii), ``(2) is part of a qualified tuition program, and ``(3) is established for the benefit of-- ``(A) the taxpayer, ``(B) the taxpayer's spouse, or ``(C) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151. ``(e) Treatment of Contributions by Dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(1) no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and ``(2) any qualified college savings contributions made by such individual during such taxable year shall be treated for purposes of this section as made by such other taxpayer.''. (b) Refundable Amount Credited to Qualified Tuition Plan.-- (1) Transfer of refund to qualified tuition plans.--Section 6402 of the Internal Revenue Code of 1986 (relating to authority to make credits or refunds) is amended by adding at the end the following new subsection: ``(l) Special Rule for Overpayments Attributable to College Saver's Credit.-- ``(1) In general.--In the case of any overpayment attributable to the credit allowed under section 36, the Secretary shall transfer such amount to the qualified tuition program to which the taxpayer made a qualified college savings contribution. ``(2) Transfers to more than 1 qualified tuition program.-- If the taxpayer made qualified college savings contributions to more than 1 qualified tuition program, the Secretary shall transfer the overpayment described in paragraph (1) to each such qualified tuition program in an amount that bears the same ratio to the amount of such overpayment as-- ``(A) the amount of qualified college savings contributions made by such taxpayer to such qualified tuition program, bears to ``(B) the amount of qualified college savings contribution made by such taxpayer to all qualified tuition programs. ``(3) Qualified college savings contribution.--For purposes of this subsection, the term `qualified college savings contribution' has the meaning given such term by section 36(d).''. (2) Separate accounting for refundable amounts.--Section 529 of such Code is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Special Rules for Contributions Attributable to College Saver's Credit.-- ``(1) In general.--A program shall not be treated as a qualified tuition program unless it provides separate accounting for contributions transferred by the Secretary under section 6402(l) to an account in the program. ``(2) Special rules for distribution.--In the case of a distribution under a qualified tuition program which includes any amount transferred by the Secretary under section 6402(l) (including any earnings attributable to such amount) and which is includible in gross income, the tax imposed by this chapter on the person receiving such distribution shall be increased by 100 percent of the amount so includible. ``(3) Ordering rules.--For purposes of applying this subsection to any distribution from a qualified tuition program-- ``(A) In general.--Except as provided in subparagraph (B), such distribution shall be treated as made-- ``(i) first from amounts contributed under the program, and ``(ii) second from amounts transferred by the Secretary under section 6402(l). ``(B) Exception for distributions for qualified higher education expenses.--In the case of a distribution described in subsection (c)(3), such distribution shall be treated as made-- ``(i) first from amounts transferred by the Secretary under section 6402(l), and ``(ii) second from other amounts contributed under the program.''. (c) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period at the end ``, or enacted by the College Saver's Credit Act of 2007''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following: ``Sec. 36. College saver's credit. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. DISTRIBUTION OF FINANCIAL EDUCATION MATERIALS TO INDIVIDUALS INVESTING IN QUALIFIED TUITION PROGRAMS. (a) In General.--Subsection (b) of section 529 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Financial education materials.--A program shall not be treated as a qualified tuition program unless it requires that financial education materials are distributed to individuals participating in the program.''. (b) Guidance.--Subsection (g) of section 529 of such Code, as redesignated by this Act, is amended by inserting ``and regulations providing guidance on the types of financial education material required to be provided under subsection (b)(7)'' before the period at the end. (c) Effective Date.--The amendments made by this section shall take effect 1 year after the date of the enactment of this Act. SEC. 4. STUDY ON PARTICIPATION IN QUALIFIED TUITION PROGRAMS. (a) In General.--The Secretary of the Treasury shall conduct a study on the participation of individuals in qualified tuition programs under section 529 of the Internal Revenue Code of 1986. (b) Matter Studied.--The study conducted under subsection (a) shall consider-- (1) the income and age of individuals participating in qualified tuition programs, and (2) the amount of fees charged under each qualified tuition program established or maintained by a State (or agency or instrumentality thereof). (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall submit to Congress a report on the study conducted under subsection (a).

College Saver's Credit Act of 2007 - Amends the Internal Revenue Code to: (1) allow certain middle-income individual taxpayers age 18 or older a refundable tax credit for 50% of their contributions to a qualified tuition program (tax-exempt college savings plan), up to an annual limit of $2,000; and (2) require the distribution of financial education materials to participants in a qualified tuition program. Requires the Secretary of the Treasury to study and report to Congress on the participation of individuals in qualified tuition programs.

A bill to amend the Internal Revenue Code of 1986 to provide a refundable credit for contributions to qualified tuition programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary Counseling Improvement Act of 2001''. SEC. 2. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS. Section 10102 of title X of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``SEC. 10102. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS. ``(a) Findings.--Congress finds as follows: ``(1) The Surgeon General reported in January 2001 that 1 in 10 children suffer from mental illnesses severe enough to impair development and fewer than 1 in 5 children get treatment for mental illnesses. ``(2) The Surgeon General reported that the burden of suffering by children with mental health needs and their families has created a health crisis in this country. Growing numbers of children are suffering needlessly because their emotional, behavioral, and developmental needs are not being met by the very institutions and systems that were created to take care of them. ``(3) As a result of the concern about the failure of the healthcare system to reach children and adolescents with mental illnesses, there is currently great interest in developing new models for the delivery of mental health and counseling services that can reach underserved groups efficiently. ``(4) Schools are a sensible point of intervention because of their central position in many children's lives and development, especially when families are unable to assume a leading role. ``(5) School-based mental health and counseling services allow for the identification of children in need of treatment much earlier in their development. ``(6) Establishing mental health and counseling services in schools provides access to underserved youth with or at risk of emotional or behavioral problems. ``(7) The Surgeon General's 2000 report on youth violence concludes that effective treatment can divert a significant proportion of delinquent and violent youths from future violence and crime. ``(8) Mental health and counseling services can play an important role in violence prevention on all levels, including preventing problem behaviors from developing; identifying and serving specific, at-risk populations; and reducing the deleterious effects of violence on victims and witnesses. ``(9) An evaluation of the model program for the elementary school counseling demonstration program established pursuant to this section prior to the date of enactment of the Elementary and Secondary Counseling Improvement Act of 2001 found that the number of referrals to the principal's office decreased by nearly half, the use of force, weapons, and threatening of others also decreased, school suspensions were reduced, and students felt safer. ``(10) The report produced by the Institute of Medicine, `Schools and Health: Our Nation's Investment', recommended a student-to-school counselor ratio of 250:1, student-to-school psychologist ratio of 1000:1, and a student-to-school social worker ratio of 800:1. The United States average student-to- counselor ratio is 551:1. Ratios for school psychologists and school social workers also exceed the recommended levels. ``(b) Grants Authorized.-- ``(1) In general.--The Secretary may use funds provided under this section to award grants to local educational agencies to enable such agencies to establish or expand elementary and secondary school counseling programs which meet the requirements of subsection (c). ``(2) Priority.--In awarding grants under this section, the Secretary shall give special consideration to applications describing programs which-- ``(A) demonstrate the greatest need for new or additional counseling services among children in the schools served by the applicant, in part, by providing information on current ratios of students to school counselors, students to school social workers, and students to school psychologists; ``(B) propose the most promising and innovative approaches for initiating or expanding school counseling; and ``(C) show the greatest potential for replication and dissemination. ``(3) Equitable distribution.--In awarding grants under this section, the Secretary shall ensure an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural local educational agencies. ``(4) Duration.--A grant under this section shall be awarded for a period not to exceed 3 years. ``(5) Maximum grant.--A grant awarded under this program shall not exceed $400,000 for any fiscal year. ``(6) Supplement.--Assistance made available under this section shall be used to supplement, and may not supplant, other Federal, State, or local funds used for providing school- based counseling and mental health services to students. ``(c) Requirements for Counseling Programs.--Each program funded under this section shall-- ``(1) be comprehensive in addressing the counseling and educational needs of all students; ``(2) use a developmental, preventive approach to counseling; ``(3) increase the range, availability, quantity, and quality of counseling services in the elementary and secondary schools of the local educational agency; ``(4) expand counseling services through qualified school counselors, school psychologists, school social workers, and child and adolescent psychiatrists; ``(5) use innovative approaches to increase children's understanding of peer and family relationships, work and self, decisionmaking, or academic and career planning, or to improve peer interaction; ``(6) provide counseling services in settings that meet the range of needs of students; ``(7) include inservice training, including training for teachers in appropriate identification and intervention techniques for disciplining and teaching students at risk of violent behavior, by school counselors, school psychologists, school social workers, and child and adolescent psychiatrists; ``(8) involve parents of participating students in the design, implementation, and evaluation of a counseling program; ``(9) involve community groups, social service agencies, or other public or private entities in collaborative efforts to enhance the program; ``(10) evaluate annually the effectiveness and outcomes of the counseling services and activities assisted under this section; ``(11) ensure a team approach to school counseling in the elementary and secondary schools of the local educational agency by working toward ratios recommended by the American School Health Association of one school counselor to 250 students, one school social worker to 800 students, and one school psychologist to 1,000 students; and ``(12) ensure that school counselors, school psychologists, school social workers, or child and adolescent psychiatrists paid from funds made available under this section spend a majority of their time at the school in activities directly related to the counseling process. ``(d) Limit on Administration.--Not more than 3 percent of the amounts made available under this section in any fiscal year may be used for administrative costs to carry out this section. ``(e) Definitions.--For purposes of this section-- ``(1) the term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; ``(2) the term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting; ``(B) possesses State licensure or certification in the State in which the individual works; or ``(C) in the absence of such State licensure or certification, possesses national certification by the National School Psychology Certification Board; ``(3) the term `school social worker' means an individual who-- ``(A) holds a master's degree in social work from a program accredited by the Council on Social Work Education; and ``(B) is licensed or certified by the State in which services are provided; or ``(C) in the absence of such State licensure or certification, possesses a national credential or certification as a `school social work specialist' granted by an independent professional organization; and ``(4) the term `child and adolescent psychiatrist' means an individual who-- ``(A) possesses State medical licensure; and ``(B) has completed residency training programs in general and child and adolescent psychiatry. ``(f) Report.--Not later than 1 year after assistance is made available under this section, the Secretary shall make publicly available the information from applicants regarding the ratios of students to school counselors, students to school social workers, and students to school psychologists. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 4 succeeding fiscal years.

Elementary and Secondary Counseling Improvement Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to local educational agencies to establish or expand elementary and secondary school counseling programs.

To amend title X of the Elementary and Secondary Education Act of 1965 to provide for elementary and secondary school counseling programs.

SECTION 1. REQUIRED NOTICES TO CHARITABLE BENEFICIARIES OF CHARITABLE REMAINDER TRUSTS. (a) General Rule.-- (1) Section 6036 is amended-- (A) by striking ``Every receiver'' and inserting ``(a) General Rule.--Every receiver'', and (B) by adding at the end thereof the following new subsection: ``(b) Special Rule for Transfers of Remainder Interests Described in Section 2055(e)(2)(A).--In the case of an estate claiming a charitable contribution deduction for the value of a transfer of a remainder interest in property described in section 2055(e)(2)(A), the executor or other fiduciary shall provide a written notice to each organization described in section 2055(a) which has such an interest in the time and manner set forth in the following paragraph: ``(1) Tax return filing notice.--On or before the due date for the filing of a Federal estate tax return on which a charitable deduction is claimed, the charitable beneficiary shall be notified of such filing and such notice shall include-- ``(A) the name, address, and date of death of the decedent; ``(B) the name, address, and identification number of each fiduciary of the estate; ``(C) the name and address of each charitable beneficiary; ``(D) a copy of the governing instrument relating to the transfer in trust; and ``(E) a description of the interest to which such charitable organization may be entitled, and any preliminary statements (if required by law) on the financial condition of the estate.'' (2) Section 6034A is amended by adding at the end thereof the following new subsection: ``(c) Annual Notice to Charitable Remainder Beneficiary.-- ``(1) In general.--The fiduciary of any charitable remainder trust required to file any return under chapter 61 for any taxable year shall on or before the date on which such return is required to be filed, furnish each charitable beneficiary-- ``(A) a copy of such return (including all schedules), and ``(B) such other information (or deletions) for purposes of carrying out the internal revenue laws as the Secretary may require. If a fiduciary furnishes the information required under the preceding sentence to any charitable beneficiary with respect to any trust taxable year, such fiduciary shall not be required to furnish information under the preceding sentence to such beneficiary with respect to any subsequent trust taxable year unless such beneficiary agrees to reimburse such fiduciary for the reasonable costs of furnishing such information. ``(2) Penalties.-- ``For provisions relating to the failure to furnish on a timely or complete basis the information required under paragraph (1), see section 6652(c).'' (b) Penalties.-- (1) Paragraph (2) of section 6652(c) is amended to read as follows: ``(2) Returns under section 6034 or 6043(b) and notices under section 6034a(c) or 6036(b).-- ``(A) Penalty on organization, trust, or fiduciary.--In the case of-- ``(i) a failure to file a return required under section 6034 (relating to returns by certain trusts) or section 6043(b) relating to terminations, etc., of exempt organizations), ``(ii) a failure to furnish any notice required under section 6034A(c) (relating to annual notice to charitable remainder beneficiary), or ``(iii) a failure to furnish any notice required under section 6036(b) (relating to tax return filing notice), on the date and in the manner prescribed therefore (determined with regard to any extension of time for filing), there shall be paid by the organization, trust, or fiduciary failing to file such return (or furnish such notice) $10 for each day during which such failure continues, but the total amount imposed under this subparagraph on any organization, trust, or fiduciary for failure to file any 1 return or furnish any 1 notice) shall not exceed $5,000. ``(B) Managers.--The Secretary may make written demand on an organization, trust, or fiduciary failing to file any return (or furnish any notice) under subparagraph (A) specifying therein a reasonable future date by which such filing (or furnishing) shall be made for purposes of this subparagraph. If such filing (or furnishing) is not made on or before such date, there shall be paid by the person responsible for failing to so file (or furnish) $10 for each day after the expiration of the time specified in the written demand during which such failure continues, but the total amount imposed under this subparagraph on all persons for failure to file any 1 return or furnish any 1 notice) shall not exceed $5,000.'' (c) Effective Date.-- ``(c) Effective Date.--The amendment made to section 6034A shall take effect with respect to returns for taxable years beginning after December 31, 1994. The amendment made to section 6036 shall take effect for decedents dying after January 6, 1995; Provided, however, That the fiduciary or executor of any estate of a decedent dying after December 31, 1989, which claimed or is claiming a charitable deduction for the value of transfer of a remainder interest in property described in section 2055(e)(2)(A) shall provide a qualification notice to the charitable remainder beneficiary not later than December 31, 1996.''

Amends the Internal Revenue Code to establish requirements for notifying charitable beneficiaries of charitable remainder trusts of their interests in such trusts. Establishes penalties if such notices are not filed.

To amend the Internal Revenue Code of 1986 to ensure that charitable beneficiaries of charitable remainder trusts are aware of their interests in such trusts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Backcountry Landing Strip Access Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Aircraft landing strips serve an essential safety role as emergency landing areas. (2) Aircraft landing strips provide access to people who would otherwise be physically unable to enjoy national parks, national forests, and other Federal lands. (3) Aircraft landing strips serve an essential purpose in search and rescue, forest and ecological management, research, and aerial mapping. (4) Aircraft landing strips serve an essential role in firefighting and disaster relief. (5) The Secretary of the Interior and the Secretary of Agriculture should adopt a nationwide policy for governing backcountry aviation issues related to the management of Federal land under the jurisdiction of those Secretaries and should require regional managers to adhere to that policy. SEC. 3. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING AIRCRAFT LANDING STRIPS. (a) In General.--Neither the Secretary of the Interior nor the Secretary of Agriculture shall take any action which would permanently close or render or declare as unserviceable any aircraft landing strip located on Federal land under the administrative jurisdiction of either Secretary unless-- (1) the head of the aviation department of each State in which the aircraft landing strip is located has approved the action; (2) notice of the proposed action and the fact that the action would permanently close or render or declare as unserviceable the aircraft landing strip has been published in the Federal Register; (3) a 90-day public comment period on the action has been provided after the publication under paragraph (2); and (4) any comments received during the comment period provided under paragraph (3) have been taken into consideration by the Secretary of the Interior or the Secretary of Agriculture, as the case may be, and the head of the aviation department of each State in which the affected aircraft landing strip is located. (b) National Policy.--Not later than 2 years after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall-- (1) adopt a nationwide policy that is in accordance with this Act for governing backcountry aviation issues related to the management of Federal land under the jurisdiction of those Secretaries; and (2) require regional managers to adhere to that policy. (c) Requirements for Policies.--A policy affecting air access to an aircraft landing strip located on Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, including the policy required by subsection (b), shall not take effect unless the policy-- (1) states that the Federal Aviation Administration has the sole authority to control aviation and airspace over the United States; and (2) seeks and considers comments from State governments and the public. (d) Maintenance of Airstrips.-- (1) In general.--The Secretary of the Interior and the Secretary of Agriculture shall consult with-- (A) the head of the aviation department of each State in which an aircraft landing strip on Federal land under the jurisdiction of that Secretary is located; and (B) other interested parties, to ensure that such aircraft landing strips are maintained in a manner that is consistent with the resource values of the adjacent area. (2) Cooperative agreements.--The Secretary of the Interior and the Secretary of Agriculture may enter into cooperative agreements with interested parties for the maintenance of aircraft landing strips located on Federal land. (e) Exchanges or Acquisitions.--Closure or purposeful neglect of any aircraft landing strip, or any other action which would render any aircraft landing strip unserviceable, shall not be a condition of any Federal acquisition of or exchange involving private property upon which the aircraft landing strip is located. (f) New Aircraft Landing Strips Not Created.--Nothing in this Act shall be construed to create or authorize additional aircraft landing strips. (g) Permanently Close.--For the purposes of this Act, the term ``permanently close'' means any closure the duration of which is more than 180 days in any calendar year. (h) Applicability.-- (1) Aircraft landing strips.--This Act shall apply only to established aircraft landing strips on Federal lands administered by the Secretary of the Interior or the Secretary of Agriculture that are commonly known and have been or are consistently used for aircraft landing and departure activities. (2) Actions, policies, exchanges, and acquisitions.-- Subsections (a), (c), and (e) shall apply to any action, policy, exchange, or acquisition, respectively, that is not final on the date of the enactment of this Act. (i) FAA Authority Not Affected.--Nothing in this Act shall be construed to affect the authority of the Federal Aviation Administration over aviation or airspace.

Backcountry Landing Strip Access Act - Prohibits either the Secretary of the Interior or the Secretary of Agriculture from taking any action which would permanently close or render or declare as unserviceable any aircraft landing strip located on Federal land under the respective jurisdiction, unless: (1) the head of the aviation department of each State in which the aircraft landing strip is located has approved such action; (2) notice of the proposed action has been published in the Federal Register; (3) a 90-day public comment period on the action has been provided; and (4) any comments received during the comment period have been taken into consideration by the Secretaries, as the case may be, and the appropriate State aviation department heads.Directs the Secretaries to: (1) adopt a nationwide policy for governing backcountry aviation issues related to the management of Federal land under their jurisdiction; and (2) require regional managers to adhere to it. Declares that a policy affecting air access to an aircraft landing strip located on Federal land (including any national policy required under this Act) shall not take effect unless certain conditions are met, including its statement that the FAA has the sole authority to control aviation and airspace over the United States.

A bill to help ensure general aviation aircraft access to Federal land and to the airspace over that land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Classrooms Act for Private Technology Investment''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) The General Accounting Office reported in 1995 that ``America's schools are not designed or equipped for the 21st Century''; (2) an excellent education that provides American children with a fighting chance at the American Dream includes rigorous academic basic instruction, plus technological literacy and proficiency in working with computers; (3) by the year 2000, 60 percent of American jobs will require technology skills; thus, without early training in technological literacy, many of our future leaders will start their adult lives at a severe economic disadvantage; (4) while America's classrooms are supported by dedicated teachers, involved families, and bright young children, many of our Nation's classrooms lack the important technological resources that they need to prepare both teachers and students for a technologically advanced present and future; (5) advanced technology has improved America's economic competitiveness, transformed commerce and communications, and improved the quality of life of millions of Americans, but it has not yet made as transforming an impact on the way schools educate children; (6) the Internet and the World Wide Web are revolutionizing the way individuals and organizations share and find information, yet only 14 percent of our classrooms have a telephone jack, and about 1 in 50 are connected to the Internet; furthermore, the most common computer in our Nation's schools is the Apple 2c, introduced over a decade ago and now on display at the Smithsonian Institution; and while 50 percent of schools have local area computer networks (LANs), less than 10 percent of those networks connect with computers in classrooms; (7) therefore, bringing America's classrooms into the 21st Century requires a major national investment in technology, including computers, software, and interactive interconnectivity; (8) the sums required to bring our classrooms into the 21st Century extend into the tens of billions of dollars; (9) Congress has authorized and funded several programs which invest in education technology; however, because of the immense scale of the need, and because primary and secondary education are primarily a local and State responsibility, bringing our classrooms into the 21st Century is best done in a manner that does not increase Federal Government expenditures or bureaucracy and keeps control as close as possible to the children and teachers who will benefit; and (10) many businesses invest their time and resources into classrooms; but the tremendous need for additional computer equipment and software in our classrooms, plus the wave of computer upgrades taking place among businesses in the United States, argue persuasively for an additional financial incentive to encourage businesses to invest their equipment into 21st Century classrooms. (b) Purpose.--The purpose of this Act is to direct the innovation and energy of private enterprise to the education of our young people, expand technological literacy, and bring the education of our young people into the 21st Century. SEC. 3. CONTRIBUTIONS FOR COMPUTER TECHNOLOGY AND EQUIPMENT FOR ELEMENTARY OR SECONDARY SCHOOL PURPOSES. (a) Contributions of Computer Technology and Equipment for Elementary or Secondary School Purposes.--Subsection (e) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Special rule for contributions of computer technology and equipment for elementary or secondary school purposes.-- ``(A) Limit on reduction.--In the case of a qualified elementary or secondary educational contribution, the reduction under paragraph (1)(A) shall be no greater than the amount determined under paragraph (3)(B). ``(B) Qualified elementary or secondary educational contribution.--For purposes of this paragraph, the term `qualified elementary or secondary educational contribution' means a charitable contribution by a corporation of any computer technology or equipment, but only if-- ``(i) the contribution is to-- ``(I) an educational organization described in subsection (b)(1)(A)(ii), or ``(II) an entity described in section 501(c)(3) and exempt from tax under section 501(a) (other than an entity described in subclause (I)) that is organized primarily for purposes of supporting elementary and secondary education, ``(ii) the contribution is made not later than 2 years after the date the taxpayer acquired the property (or in the case of property constructed by the taxpayer, the date the construction of the property is substantially completed), ``(iii) substantially all of the use of the property by the donee is for use within the United States for educational purposes in any of the grades K-12 that are related to the purpose or function of the organization or entity, ``(iv) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, ``(v) the property will fit productively into the entity's education plan, and ``(vi) the entity's use and disposition of the property will be in accordance with the provisions of clauses (iii) and (iv). ``(C) Contribution to private foundation.--A contribution by a corporation of any computer technology or equipment to a private foundation (as defined in section 509) shall be treated as a qualified elementary or secondary educational contribution for purposes of this paragraph if-- ``(i) the contribution to the private foundation satisfies the requirements of clauses (ii) and (iv) of subparagraph (B), and ``(ii) within 30 days after such contribution, the private foundation-- ``(I) contributes the property to an entity described in clause (i) of subparagraph (B) that satisfies the requirements of clauses (iii) through (vi) of subparagraph (B), and ``(II) notifies the donor of such contribution. ``(D) Special rule relating to construction of property.--For the purposes of this paragraph, paragraph (4)(C) shall apply. ``(E) Definitions.--For the purposes of this paragraph-- ``(i) Computer technology or equipment.-- The term `computer technology or equipment' means computer software (as defined by section 197(e)(3)(B)), computer or peripheral equipment (as defined by section 168(i)(2)(B)), and fiber optic cable related to computer use. ``(ii) Corporation.--The term `corporation' has the meaning given to such term by paragraph (4)(D).'' (b) Contributions of Cash for Computer Technology and Equipment for Elementary or Secondary School Purposes.--Subsection (a) of section 170 of such Code is amended by adding at the end the following new paragraph: ``(4) In the case of a corporation, the amount of each charitable contribution of cash to an organization or entity described in subsection (e)(6)(B)(i) to be used by such organization or entity for the purpose of acquiring computer technology or equipment (as defined in subsection (e)(6)(E)(i)) shall be treated for purposes of this section as being equal to 110 percent of the amount of such contribution which (but for this sentence) would otherwise be taken into account under this section.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the calendar year in which this Act is enacted.

21st Century Classrooms Act for Private Technology Investment - Amends the Internal Revenue Code to provide businesses with a deduction for: (1) the donation of computer technology and equipment (within two years of production or acquisition) to elementary or secondary schools, tax-exempt entities supporting education, or private foundations that contribute such property to these entities; and (2) cash contributions used for such purposes.

21st Century Classrooms Act for Private Technology Investment

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ammunition Safety Act of 1995''. SEC. 2. DEALERS OF AMMUNITION. (a) Definition.--Section 921(a)(11)(A) of title 18, United States Code, is amended by inserting ``or ammunition'' after ``firearms''. (b) Licensing.--Section 923(a) of title 18, United States Code, is amended-- (1) in the matter preceding paragraph (1) by striking ``or importing or manufacturing ammunition'' and inserting ``or importing, manufacturing, or dealing in ammunition''; and (2) in paragraph (3)-- (A) in subparagraph (A), by striking ``or'' the last place it appears; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) by inserting the following new subparagraph: ``(C) in ammunition other than ammunition for destructive devices, $10 per year.''. (c) Unlawful Acts.--Section 922(a)(1)(A) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by inserting ``or ammunition'' after ``firearms''; and (ii) by inserting ``or ammunition'' after ``firearm''; and (B) in subparagraph (B), by striking ``or licensed manufacturer'' and inserting ``licensed manufacturer, or licensed dealer''; (2) in paragraph (2), in the matter preceding subparagraph (A), by inserting ``or ammunition'' after ``firearm''; (3) in paragraph (3), by inserting ``or ammunition'' after ``firearm'' the first place it appears; (4) in paragraph (5), by inserting ``or ammunition'' after ``firearm'' the first place it appears; and (5) in paragraph (9), by inserting ``or ammunition'' after ``firearms''. (d) Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in paragraph (5)-- (A) in subparagraph (A)(i), by striking ``1 year'' and inserting ``2 years''; and (B) in subparagraph (B)-- (i) in clause (i), by striking ``1 year'' and inserting ``2 years''; and (ii) in clause (ii), by striking ``10 years'' and inserting ``20 years''; and (2) by adding at the end the following new subsection: ``(o) Except to the extent a greater minimum sentence is otherwise provided, any person at least 18 years of age who violates section 922(g) shall be subject to-- ``(1) twice the maximum punishment authorized by this subsection; and ``(2) at least twice any term of supervised release.''. (e) Application of Brady Handgun Violence Prevention Act To Transfer of Ammunition.--Section 922(t) of title 18, United States Code, is amended by inserting ``or ammunition'' after ``firearm'' each place it appears. SEC. 3. REGULATION OF ARMOR PIERCING AND NEW TYPES OF DESTRUCTIVE AMMUNITION. (a) Testing of Ammunition.--Section 921(a)(17) of title 18, United States Code, is amended-- (1) by redesignating subparagraph (D), as added by section 2(e)(2), as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph: ``(D)(i) Notwithstanding subchapter II of chapter 5 of title 5, United States Code, not later than 1 year after the date of enactment of this subparagraph, the Secretary shall-- ``(I) establish uniform standards for testing and rating the destructive capacity of projectiles capable of being used in handguns; ``(II) utilizing the standards established pursuant to subclause (I), establish performance-based standards to define the rating of `armor piercing ammunition' based on the rating at which the projectiles pierce armor; and ``(III) at the expense of the ammunition manufacturer seeking to sell a particular type of ammunition, test and rate the destructive capacity of the ammunition utilizing the testing, rating, and performance-based standards established under subclauses (I) and (II). ``(ii) The term `armor piercing ammunition' shall include any projectile determined to have a destructive capacity rating higher than the rating threshold established under subclause (II), in addition to the composition-based determination of subparagraph (B). ``(iii) The Congress may exempt specific ammunition designed for sporting purposes from the definition of `armor piercing ammunition'.''. (b) Prohibition.--Section 922(a) of title 18, United States Code, is amended-- (1) in paragraph (7)-- (A) by striking ``or import'' and inserting ``, import, possess, or use''; (B) in subparagraph (B), by striking ``and''; (C) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(D) the manufacture, importation, or use of any projectile that has been proven, by testing performed at the expense of the manufacturer of the projectile, to have a lower rating threshold than armor piercing ammunition.''; and (2) in paragraph (8)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) the manufacture, importation, or use of any projectile that has been proven, by testing performed at the expense of the manufacturer of the projectile, to have a lower rating threshold than armor piercing ammunition.''.

Ammunition Safety Act of 1995 - Amends the Federal criminal code to include persons selling ammunition within the definition of "dealer" for purposes of Federal firearms laws. Subjects dealers in ammunition to licensing requirements applicable to firearms dealers. Sets a $10 per year license fee for dealers in ammunition other than ammunition for destructive devices. Applies to ammunition specified prohibitions currently applicable to importing, manufacturing, dealing in, transporting, or receiving firearms without a license. Increases penalties for specified violations of Federal firearms provisions. Subjects any person at least 18 years of age who violates provisions regarding shipping, transporting, possessing, or receiving a firearm or ammunition by specified categories of persons (such as fugitives and illegal aliens) to twice the maximum punishment authorized and at least twice any term of supervised release, except to the extent a greater minimum sentence is otherwise provided. Makes specified provisions of the Brady Handgun Violence Prevention Act applicable to the transfer of ammunition. Requires the Secretary of the Treasury: (1) to establish uniform standards for testing and rating the destructive capacity of projectiles capable of being used in handguns; (2) utilizing such standards, to establish performance-based standards to define the rating of "armor piercing ammunition" based on the rating at which the projectiles pierce armor; and (3) at the expense of the ammunition manufacturer seeking to sell a particular type of ammunition, to test and rate the destructive capacity of the ammunition utilizing such standards. Defines "armor piercing ammunition" to include any projectile determined to have a destructive capacity rating higher than the threshold established, in addition to the composition-based determination. Authorizes the Congress to exempt specific ammunition designed for sporting purposes from such definition. Prohibits the possession or use of armor piercing ammunition, with exceptions. Permits the manufacture, importation, or use of any projectile that has been proven, by testing performed at the expense of the manufacturer, to have a lower rating threshold than armor piercing ammunition.

Ammunition Safety Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Energy Bank Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) energy conservation is a cornerstone of national energy security policy; (2) the Federal Government is the largest consumer of energy in the economy of the United States; (3) many opportunities exist for significant energy cost savings within the Federal Government; and (4) to achieve the energy savings required by Executive Order, the Federal Government must make significant investments in energy savings systems and products, including energy management control systems. (b) Purpose.--The purpose of this Act is to promote energy conservation investments in Federal facilities. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means-- (A) an Executive agency (as defined in section 105 of title 5, United States Code, except that the term also includes the United States Postal Service); (B) Congress and any other entity in the legislative branch; and (C) a court and any other entity in the judicial branch. (2) Bank.--The term ``Bank'' means the Federal Energy Bank established by section 4. (3) Energy efficiency project.--The term ``energy efficiency project'' means a project that assists an agency in meeting or exceeding the energy efficiency requirements of-- (A) part 3 of title V of the National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.); (B) subtitle F of title I of the Energy Policy Act of 1992 and the amendments made by that subtitle (106 Stat. 2843); and (C) applicable Executive orders, including Executive Order Nos. 12759 and 12902. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (5) Total utility payments.--The term ``total utility payments'' means payments made to supply electricity, natural gas, and any other form of energy to provide the heating, ventilation, air conditioning, lighting, and other energy needs of an agency facility. SEC. 4. ESTABLISHMENT OF BANK. (a) In General.--There is established in the Treasury of the United States a trust fund to be known as the ``Federal Energy Bank'', consisting of-- (1) such amounts as are appropriated to the Bank under section 8; (2) such amounts as are transferred to the Bank under subsection (b); (3) such amounts as are repaid to the Bank under section 5(b)(4); and (4) any interest earned on investment of amounts in the Bank under subsection (c). (b) Transfers to Bank.-- (1) In general.--At the beginning of each of fiscal years 2002, 2003, and 2004, each agency shall transfer to the Secretary of the Treasury, for deposit in the Bank, an amount equal to 5 percent of the total utility payments paid by the agency in the preceding fiscal year. (2) Utilities paid for as part of rental payments.--The Secretary shall by regulation establish a formula by which the appropriate portion of a rental payment that covers the cost of utilities shall be considered to be a utility payment for the purposes of paragraph (1). (c) Investment of Funds.--The Secretary of the Treasury shall invest such portion of funds in the Bank as is not, in the Secretary's judgment, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. SEC. 5. LOANS FROM THE BANK. (a) In General.--The Secretary of the Treasury shall transfer from the Bank to the Secretary such amounts as are appropriated to carry out the loan program under subsection (b). (b) Loan Program.-- (1) In general.--In accordance with section 6, the Secretary shall establish a program to loan amounts from the Bank to any agency that submits an application satisfactory to the Secretary in order to finance an energy efficiency project. (2) Performance contracting funding.--To the extent practicable, an agency shall not submit a project for which performance contracting funding is available. (3) Purposes of loan.-- (A) In general.--A loan under this section may be made to pay the costs of-- (i) an energy efficiency project; or (ii) development and administration of a performance contract. (B) Limitation.--An agency may use not more than 15 percent of the amount of a loan under subparagraph (A)(i) to pay the costs of administration and proposal development (including data collection and energy surveys). (4) Repayments.-- (A) In general.--An agency shall repay to the Bank the principal amount of the energy efficiency project loan plus interest at a rate determined by the President, in consultation with the Secretary and the Secretary of the Treasury. (B) Waiver.--The Secretary may waive the requirement of subparagraph (A) if the Secretary determines that payment of interest by an agency is not required to sustain the needs of the Bank in making energy efficiency project loans. (5) Agency energy budgets.--Until a loan is repaid, an agency budget submitted to Congress for a fiscal year shall not be reduced by the value of energy savings accrued as a result of the energy conservation measure implemented with funds from the Bank. (6) Availability of funds.--An agency shall not rescind or reprogram funds made available by this Act. Funds loaned to an agency shall be retained by the agency until expended, without regard to fiscal year limitation. SEC. 6. SELECTION CRITERIA. (a) In General.--The Secretary shall establish criteria for the selection of energy efficiency projects to be awarded loans in accordance with subsection (b). (b) Selection Criteria.--The Secretary may make loans only for energy efficiency projects that-- (1) are technically feasible; (2) are determined to be cost-effective using life cycle cost methods established by the Secretary by regulation; (3) include a measurement and management component to-- (A) commission energy savings for new Federal facilities; and (B) monitor and improve energy efficiency management at existing Federal facilities; and (4) have a project payback period of 3 years or less. SEC. 7. REPORTS AND AUDITS. (a) Reports to the Secretary.--Not later than 1 year after the installation of an energy efficiency project that has a total cost of more than $1,000,000, and each year thereafter, an agency shall submit to the Secretary a report that-- (1) states whether the project meets or fails to meet the energy savings projections for the project; and (2) for each project that fails to meet the savings projections, states the reasons for the failure and describes proposed remedies. (b) Audits.--The Secretary may audit any energy efficiency project financed with funding from the Bank to assess the project's performance. (c) Reports to Congress.--At the end of each fiscal year, the Secretary shall submit to Congress a report on the operations of the Bank, including a statement of the total receipts into the Bank, and the total expenditures from the Bank to each agency. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Federal Energy Bank Act - Establishes the Federal Energy Bank (trust fund) in the Treasury to finance energy efficiency projects at Federal agencies. Prescribes requirements for the loan program and project selection criteria.

A bill to promote energy conservation investments in Federal facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Relief Tax Check-Off for Our Armed Forces Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) A significant number of America's military service men and women and their immediate families have suffered severe economic hardships as a result of injuries sustained in the course of their service. (2) The various military relief societies have provided essential support for military members facing economic hardship. (3) The numbers and needs of United States service members and their families far exceed the resources available to these military relief societies. (4) The American people strongly support the creation of a tax check-off on their annual Federal tax return devoted to emergency relief for members of the Armed Forces and their families. (b) Purpose.--It is the purpose of this Act to bring greater awareness of the personal and financial hardships of members of the Armed Forces of the United States, military retirees, and veterans, as well as their family members, as they serve our Nation and to provide a mechanism which will enable taxpayers to contribute in an effort to alleviate such hardships. SEC. 3. TAX CHECK-OFF FOR CERTAIN CONTRIBUTIONS TO ARMED FORCES RELIEF TRUST. (a) Tax Check-Off.-- (b) In General.--In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such individual may designate that a contribution has been made for such taxable year to the Armed Forces Relief Trust. (c) Manner and Time of Designation.--A designation under paragraph (1) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made on the first page of the return in the area below the designation for income tax payments to the Presidential Election Campaign Fund. (d) Explanation of Tax Treatment of Contributions to Armed Forces Relief Trust.--The Secretary shall provide taxpayers with an explanation that an above-the-line deduction under section 62(a)(22) of the Internal Revenue Code of 1986 is allowed for any taxable year with respect to any contribution designated under paragraph (1) for such taxable year in an amount not to exceed $1,000, that any amount of such contribution in excess of $1,000 may be taken as an additional deduction for such taxable year by any taxpayer who itemizes deductions, and that such above-the-line deduction is not includible in the determination of the alternative minimum tax under section 55 of such Code. SEC. 4. ABOVE-THE-LINE DEDUCTION. Section 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by redesignating paragraph (20) (as added by section 703(a) of the American Jobs Creation Act of 2004) as paragraph (21) and by inserting after paragraph (21) (as so redesignated) the following new paragraph: ``(v) Certain Contributions to Armed Forces Relief Trust.--The deduction allowed by section 170 which is attributable to contributions to the Armed Forces Relief Trust not in excess of $1,000.''. SEC. 5. TREATMENT OF CHARITABLE CONTRIBUTIONS TO ARMED FORCES RELIEF TRUST. (a) In General.--Notwithstanding any other provision of law, any contribution made by any of the societies associated with the Armed Forces Relief Trust shall not be commingled with any charitable contribution made to the Trust Fund for which a deduction under section 170 of the Internal Revenue Code of 1986 is allowable. (b) Administration of Charitable Contributions.--The administration and distribution of any charitable contributions described in paragraph (1) shall be made by the Armed Forces Relief Trust subject to the advice of a board of directors the establishment and operation of which is determined under section 6. SEC. 6. ADVISORY BOARD OF DIRECTORS. (a) Appointment.-- (1) In general.--Within the Armed Forces Relief Trust there is established an advisory board of directors the members of which are appointed as follows: (A) One individual appointed by the Chairman of the Committee on Finance of the Senate. (B) One individual appointed by the Chairman of the Committee on Armed Services of the Senate. (C) One individual appointed by the Chairman of the Committee on Veterans' Affairs of the Senate. (D) One individual appointed by the Chairman of the Committee on Appropriations of the Senate. (E) One individual appointed by the Chairman of the Joint Committee on Taxation. (F) One individual appointed by the Chairman of the Committee on Armed Services of the House of Representatives. (G) One individual appointed by the Chairman of the Committee on Veterans' Affairs of the House of Representatives. (H) One individual appointed by the Chairman of the Committee on Appropriations of the House of Representatives. (I) One individual appointed by the President from each of the following: the Army Emergency Relief Society, the Navy Marine Corps Relief Society, the Air Force Aid Society, and the Coast Guard Mutual Assistance Relief Society. (J) Two individuals appointed by the President from 2 veterans service organizations. (2) Term.--The term of each member of the advisory board shall be 3 years, except that any member whose term of office has expired shall continue to serve until such member's successor is appointed. No member shall serve more than two 3- year terms. (3) Appointment of successors.--The appointment of any successor member shall be made in the same manner as the original appointment. If a member dies or resigns before the expiration of the member's term, a successor shall be appointed for the unexpired portion of the term in the same manner as the original appointment. (4) Prohibition.--No member of the advisory board may be an employee of the Federal Government. (b) Chairman; Vice Chairman.-- (1) Designation.--The President shall designate a chairman for the advisory board. The advisory board shall not later than its second meeting, by majority vote, designate a vice chairman, who shall perform the duties of the chairman in the absence of the chairman. (2) Duties of chairman.--The chairman shall call the meetings of the advisory board, propose meeting agendas, chair the meetings, and establish, with the approval of a majority of the members, the rules and procedures for such meetings. (c) Operations of the Board.--The advisory board shall meet semi- annually, for the purpose of providing ongoing advice to the Armed Forces Relief Trust regarding the distribution of contributed funds, policies governing said distribution, and the administrative costs and operations of the Armed Forces Relief Trust. A majority of the members shall constitute a quorum. Advisory board members shall serve without compensation. While performing duties as a member of the advisory board, each member shall be reimbursed under Federal Government travel regulations for travel expenses. Such reimbursements and any other reasonable expenses of the advisory board shall be provided by the budget of the Executive Office of the President. (d) Audit.--The General Accountability Office shall audit the distribution and management of funds of the Armed Forces Relief Trust on an annual basis to ensure compliance with statutory and administrative directives. The Comptroller General of the United States shall report to the advisory board and Congress on the results of such audit. (e) Reports.--Within 60 days after its semi-annual meeting, the advisory board shall submit a written report to the President of its action, and of its views and recommendations. Any report other than the semi-annual report, shall, if approved by a majority of the members of the advisory board, be submitted to the President within 60 days after such approval. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 2004.

Emergency Relief Tax Check-Off for Our Armed Forces Act of 2005 - Provides for a tax check-off on individual income tax returns to designate a contribution to the Armed Forces Relief Trust. Amends the Internal Revenue Code to allow a tax deduction from gross income (available for taxpayers who do not itemize deductions) for charitable contributions of up to $1,000 to the Trust. Establishes an advisory board of directors to advise the Trust on the distribution of contributed funds and the management of the Trust.

A bill to amend the Internal Revenue Code of 1986 to provide taxpayers a tax check-off to designate certain annual contributions to the Armed Forces Relief Trust for an above-the-line deduction not to exceed $1,000, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clarifications to the Fair Debt Collection Practices Act''. SEC. 2. ELIMINATING REQUIREMENT FOR THE ``VALIDATION NOTICE'' IN FORMAL PLEADINGS. Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 1692g) is amended by adding at the end the following new subsection: ``(d) Formal Pleadings Excluded.--Communications which are formal pleadings in a civil action shall not be considered communications for purposes of this title.'' SEC. 3. CODIFICATION OF THE CONSUMER VALIDATION NOTICE. Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 1692g) is amended-- (1) in the portion of subsection (a) that precedes paragraph (1), by inserting ``a written notice described in subsection (e) or'' before ``a written notice''; and (2) by inserting after subsection (d) (as added by section 2 of this Act) the following new subsection: ``(e) Alternative Version of Notice.--A notice is described in this subsection for purposes of subsection (a) if the notice contains-- ``(1) the amount of the debt; ``(2) the name of the creditor to whom the debt is owed; and ``(3) a statement containing the following: `Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and provide you with a copy of such judgment or verification. If you request of this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor, if different from the current creditor.'''. SEC. 4. CLARIFYING RIGHT TO COLLECT WITHIN THE FIRST 30 DAYS. Section 809(b) of the Fair Debt Collection Practices Act (15 U.S.C. 1692g(b)) is amended by striking ``If the consumer'' and inserting ``Collection activities and communications may continue during the thirty-day period. However, if the consumer''. SEC. 5. CLARIFYING THE REFERENCE TO ``ATTORNEY'' AND ``REASONABLE TIME''. The Fair Debt Collection Practices Act is amended-- (1) in section 804(6) (15 U.S.C. 1692b(6))-- (A) by striking ``an attorney'' and inserting ``an attorney at law''; and (B) by striking ``a reasonable period of time'' and inserting ``30 days''; and (2) in section 805(a)(2) (15 U.S.C. 1692c(a)(2))-- (A) by striking ``an attorney'' and inserting ``an attorney at law''; and (B) by striking ``a reasonable period of time'' and inserting ``30 days''. SEC. 6. CEASING COMMUNICATIONS. Subsection (c) of section 805 of the Fair Debt Collection Practices Act (15 U.S.C. 1692c(c)) is amended to read as follows: ``(c) Ceasing Communication.-- ``(1) In general.--If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except for one additional communication which may be made by the debt collector for any of the following purposes (however many may apply): ``(A) To advise the consumer that the debt collector's further efforts are being terminated. ``(B) To notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor. ``(C) Where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. ``(2) Effective date of notice.--If a notice referred to in paragraph (1) from a consumer is made by mail, notification shall be complete upon receipt.''. SEC. 7. THE ``BRADY AMENDMENT''. Section 807(8) of the Fair Debt Collection Practices Act (15 U.S.C. Section 1692e(8)) is amended by striking ``disputed debt'' and inserting ``debt which has been disputed by the consumer in writing''. SEC. 8. VALIDATION OF DEBTS. Section 809(a)(3) of the Fair Debt Collection Practices Act (15 U.S.C. 1692g(a)(3)) is amended by inserting ``in writing,'' after ``any portion thereof,''.

Clarifications to the Fair Debt Collection Practices Act - Amends the Fair Debt Collection Practices Act to state that formal pleadings in a civil action shall not be considered the kind of communication (initial or otherwise) required for a validation of debt notice. Prescribes an alternative version of the initial communication debt collectors are required to give consumers, incorporating the three statements currently specified. States that collection activities and communications may continue during the 30 days following a debt collector's initial notice to the debtor. States that, if the consumer's attorney at law fails to respond to a communication from a debt collector within 30 days (currently, a reasonable period of time) after receiving a communication from the collector, such collector may communicate directly with the consumer. Limits to one the number of additional communications a debt collector may make to a consumer after the consumer has notified the collector in writing that the consumer refuses to pay the debt or wishes the collector to cease further communication. Limits the content of any such additional communication to one of the three purposes already specified by the Act. Revises notice of debt guidelines to require one of the debt collector's mandatory statements to specify that a consumer's dispute of the validity of a debt be submitted in writing in order to preclude an assumption by the collector that the debt is valid.

To amend the Fair Debt Collection Practices Act to make certain technical corrections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Uniformity for Food Act of 2004''. SEC. 2. NATIONAL UNIFORMITY FOR FOOD. (a) National Uniformity.--Section 403A(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)) is amended-- (1) in paragraph (4), by striking ``or'' at the end; (2) in paragraph (5), by striking the period and inserting ``, or''; (3) by inserting after paragraph (5) the following: ``(6) any requirement for a food described in section 402(a)(1), 402(a)(2), 402(a)(6), 402(a)(7), 402(c), 404, 406, 409, 512, or 721(a), that is not identical to the requirement of such section.''; and (4) by adding at the end the following: ``For purposes of paragraph (6) and section 403B, the term `identical' means that the language under the laws of a State or a political subdivision of a State is substantially the same language as the comparable provision under this Act and that any differences in language do not result in the imposition of materially different requirements. For purposes of paragraph (6), the term `any requirement for a food' does not refer to provisions of this Act that relate to procedures for Federal action under this Act.''. (b) Uniformity in Food Safety Warning Notification Requirements.-- Chapter IV of such Act (21 U.S.C. 341 et seq.) is amended-- (1) by redesignating sections 403B and 403C as sections 403C and 403D, respectively; and (2) by inserting after section 403A the following new section: ``SEC. 403B. UNIFORMITY IN FOOD SAFETY WARNING NOTIFICATION REQUIREMENTS. ``(a) Uniformity Requirement.-- ``(1) In general.--Except as provided in subsections (c) and (d), no State or political subdivision of a State may, directly or indirectly, establish or continue in effect under any authority any notification requirement for a food that provides for a warning concerning the safety of the food, or any component or package of the food, unless such a notification requirement has been prescribed under the authority of this Act and the State or political subdivision notification requirement is identical to the notification requirement prescribed under the authority of this Act. ``(2) Definitions.--For purposes of paragraph (1)-- ``(A) the term `notification requirement' includes any mandatory disclosure requirement relating to the dissemination of information about a food by a manufacturer or distributor of a food in any manner, such as through a label, labeling, poster, public notice, advertising, or any other means of communication, except as provided in paragraph (3); ``(B) the term `warning', used with respect to a food, means any statement, vignette, or other representation that indicates, directly or by implication, that the food presents or may present a hazard to health or safety; and ``(C) a reference to a notification requirement that provides for a warning shall not be construed to refer to any requirement or prohibition relating to food safety that does not involve a notification requirement. ``(3) Construction.--Nothing in this section shall be construed to prohibit a State from conducting the State's notification, disclosure, or other dissemination of information, or to prohibit any action taken relating to a mandatory recall, civil administrative order, embargo, detention order, or court proceeding involving food adulteration under a State statutory requirement identical to a food adulteration requirement under this Act. ``(b) Review of Existing State Requirements.-- ``(1) Existing state requirements; deferral.--Any requirement that-- ``(A)(i) is a State notification requirement that expressly applies to a specified food or food component and that provides for a warning described in subsection (a) that does not meet the uniformity requirement specified in subsection (a); or ``(ii) is a State food safety requirement described in section 403A(6) that does not meet the uniformity requirement specified in that paragraph; and ``(B) is in effect on the date of enactment of the National Uniformity for Food Act of 2004, shall remain in effect for 180 days after that date of enactment. ``(2) State petitions.--With respect to a State notification or food safety requirement that is described in paragraph (1), the State may petition the Secretary for an exemption or a national standard under subsection (c). If a State submits such a petition within 180 days after the date of enactment of the National Uniformity for Food Act of 2004, the notification or food safety requirement shall remain in effect in accordance with subparagraph (C) of paragraph (3), and the time periods and provisions specified in subparagraphs (A) and (B) of such paragraph shall apply in lieu of the time periods and provisions specified in subsection (c)(3) (but not the time periods and provisions specified in subsection (d)(2)). ``(3) Action on petitions.-- ``(A) Publication.--Not later than 270 days after the date of enactment of the National Uniformity for Food Act of 2004, the Secretary shall publish a notice in the Federal Register concerning any petition submitted under paragraph (2) and shall provide 180 days for public comment on the petition. ``(B) Time periods.--Not later than 360 days after the end of the period for public comment, the Secretary shall take final agency action on the petition. ``(C) Action.-- ``(i) In general.--With respect to a State that submits to the Secretary a petition in accordance with paragraph (2), the notification or food safety requirement involved shall remain in effect during the period beginning on the date of enactment of the National Uniformity for Food Act of 2004 and ending on the applicable date under subclause (I) or (II), as follows: ``(I) If the petition is denied by the Secretary, the date of such denial. ``(II) If the petition is approved by the Secretary, the effective date of the final rule that is promulgated under subsection (c) to provide an exemption or national standard pursuant to the petition, except that there is no applicable ending date under this subparagraph for a provision of State law that is part of such State requirement in any case in which the final rule does not establish any condition regarding such provision of law. ``(ii) Noncompliance of secretary regarding timeframes.-- ``(I) Judicial review.--The failure of the Secretary to comply with any requirement of subparagraph (A) or (B) shall constitute final agency action for purposes of judicial review. If the court conducting the review determines that the Secretary has failed to comply with the requirement, the court shall order the Secretary to comply within a period determined to be appropriate by the court. ``(II) Status of state requirement.--With respect to a State that submits to the Secretary a petition in accordance with paragraph (2), if the Secretary fails to take final agency action on the petition within the period that applies under subparagraph (B), the notification or food safety requirement involved remains in effect in accordance with clause (i). ``(c) Exemptions and National Standards.-- ``(1) Exemptions.--Any State may petition the Secretary to provide by regulation an exemption from section 403A(a)(6) or subsection (a), for a requirement of the State or a political subdivision of the State. The Secretary may provide such an exemption, under such conditions as the Secretary may impose, for such a requirement that-- ``(A) protects an important public interest that would otherwise be unprotected, in the absence of the exemption; ``(B) would not cause any food to be in violation of any applicable requirement or prohibition under Federal law; and ``(C) would not unduly burden interstate commerce, balancing the importance of the public interest of the State or political subdivision against the impact on interstate commerce. ``(2) National standards.--Any State may petition the Secretary to establish by regulation a national standard respecting any requirement under this Act or the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.) relating to the regulation of a food. ``(3) Action on petitions.-- ``(A) Publication.--Not later than 30 days after receipt of any petition under paragraph (1) or (2), the Secretary shall publish such petition in the Federal Register for public comment during a period specified by the Secretary. ``(B) Time periods for action.--Not later than 60 days after the end of the period for public comment, the Secretary shall take final agency action on the petition or shall inform the petitioner, in writing, the reasons that taking the final agency action is not possible, the date by which the final agency action will be taken, and the final agency action that will be taken or is likely to be taken. In every case, the Secretary shall take final agency action on the petition not later than 120 days after the end of the period for public comment. ``(4) Judicial review.--The failure of the Secretary to comply with any requirement of this subsection shall constitute final agency action for purposes of judicial review. If the court conducting the review determines that the Secretary has failed to comply with the requirement, the court shall order the Secretary to comply within a period determined to be appropriate by the court. ``(d) Imminent Hazard Authority.-- ``(1) In general.--A State may establish a requirement that would otherwise violate section 403A(a)(6) or subsection (a), if-- ``(A) the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences or death; ``(B) the State has notified the Secretary about the matter involved and the Secretary has not initiated enforcement action with respect to the matter; ``(C) a petition is submitted by the State under subsection (c) for an exemption or national standard relating to the requirement not later than 30 days after the date that the State establishes the requirement under this subsection; and ``(D) the State institutes enforcement action with respect to the matter in compliance with State law within 30 days after the date that the State establishes the requirement under this subsection. ``(2) Action on petition.-- ``(A) In general.--The Secretary shall take final agency action on any petition submitted under paragraph (1)(C) not later than 7 days after the petition is received, and the provisions of subsection (c) shall not apply to the petition. ``(B) Judicial review.--The failure of the Secretary to comply with the requirement described in subparagraph (A) shall constitute final agency action for purposes of judicial review. If the court conducting the review determines that the Secretary has failed to comply with the requirement, the court shall order the Secretary to comply within a period determined to be appropriate by the court. ``(3) Duration.--If a State establishes a requirement in accordance with paragraph (1), the requirement may remain in effect until the Secretary takes final agency action on a petition submitted under paragraph (1)(C). ``(e) No Effect on Product Liability Law.--Nothing in this section shall be construed to modify or otherwise affect the product liability law of any State. ``(f) No Effect on Identical Law.--Nothing in this section relating to a food shall be construed to prevent a State or political subdivision of a State from establishing, enforcing, or continuing in effect a requirement that is identical to a requirement of this Act, whether or not the Secretary has promulgated a regulation or issued a policy statement relating to the requirement. ``(g) No Effect on Certain State Law.--Nothing in this section or section 403A relating to a food shall be construed to prevent a State or political subdivision of a State from establishing, enforcing, or continuing in effect a requirement relating to-- ``(1) freshness dating, open date labeling, grade labeling, a State inspection stamp, religious dietary labeling, organic or natural designation, returnable bottle labeling, unit pricing, or a statement of geographic origin; or ``(2) a consumer advisory relating to food sanitation that is imposed on a food establishment, or that is recommended by the Secretary, under part 3-6 of the Food Code issued by the Food and Drug Administration and referred to in the notice published at 64 Fed. Reg. 8576 (1999) (or any corresponding similar provision of such a Code). ``(h) Definitions.--In section 403A and this section: ``(1) The term `requirement', used with respect to a Federal action or prohibition, means a mandatory action or prohibition established under this Act or the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.), as appropriate, or by a regulation issued under or by a court order relating to, this Act or the Fair Packaging and Labeling Act, as appropriate. ``(2) The term `petition' means a petition submitted in accordance with the provisions of section 10.30 of title 21, Code of Federal Regulations, containing all data and information relied upon by the petitioner to support an exemption or a national standard.''. (c) Conforming Amendment.--Section 403A(b) of such Act (21 U.S.C. 343-1(b)) is amended by adding after and below paragraph (3) the following: ``The requirements of paragraphs (3) and (4) of section 403B(c) shall apply to any such petition, in the same manner and to the same extent as the requirements apply to a petition described in section 403B(c).''.

National Uniformity for Food Act of 2004 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect for any food in interstate commerce: (1) any requirement that is not identical to specified FDCA provisions (that would result in materially different requirements), including those related to adulterated foods, unsafe food additives, and new animal drugs; or (2) any notification requirement that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows current State notification or food safety requirements to continue for 180 days, during which such State may petition for an exemption or a new national standard. Allows a State to petition for an exemption or to establish a national standard regarding any requirement under FDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows the Secretary of Health and Human Service to provide such an exemption if the requirement: (1) protects an important public interest that would otherwise be unprotected; (2) would not cause any food to be in violation of any Federal law; and (3) would not unduly burden interstate commerce. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this Act if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met. Declares that this Act does not preempt State and local laws relating to freshness dating, open date labeling, grade labeling, a State inspection stamp, religious dietary labeling, organic or natural designation, returnable bottle labeling, unit pricing, a statement of geographic origin, or a consumer advisory relating to food sanitation imposed on a food establishment or recommended by the Secretary.

To amend the Federal Food, Drug, and Cosmetic Act to provide for uniform food safety warning notification requirements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Class Action Fairness Act of 1998''. SEC. 2. NOTIFICATION REQUIREMENT OF CLASS ACTION CERTIFICATION OR SETTLEMENT. (a) In General.--Part V of title 28, United States Code, is amended by inserting after chapter 113 the following new chapter: ``CHAPTER 114--CLASS ACTIONS ``Sec. ``1711. Definitions. ``1712. Application. ``1713. Notification of class action certifications and settlements. ``1714. Limitation on attorney's fees in class actions. ``Sec. 1711. Definitions ``In this chapter the term-- ``(1) `class' means a group of persons that comprise parties to a civil action brought by 1 or more representative persons; ``(2) `class action' means a civil action filed pursuant to rule 23 of the Federal Rules of Civil Procedure or similar State rules of procedure authorizing an action to be brought by 1 or more representative persons on behalf of a class; ``(3) `class certification order' means an order issued by a court approving the treatment of a civil action as a class action; ``(4) `class member' means a person that falls within the definition of the class; ``(5) `class counsel' means the attorneys representing the class in a class action; ``(6) `plaintiff class action' means a class action in which class members are plaintiffs; and ``(7) `proposed settlement' means a settlement agreement between or among the parties in a class action that is subject to court approval before the settlement becomes binding on the parties. ``Sec. 1712. Application ``This chapter shall apply to-- ``(1) all plaintiff class actions filed in Federal court; and ``(2) all plaintiff class actions filed in State court in which-- ``(A) any class member resides outside the State in which the action is filed; and ``(B) the transaction or occurrence that gave rise to the class action occurred in more than 1 State. ``Sec. 1713. Notification of class action certifications and settlements ``(a) No later than 10 days after a proposed settlement in a class action is filed in court, class counsel shall serve the State attorney general of each State in which a class member resides and the Department of Justice as if such attorneys general and the Department were parties in the class action with-- ``(1) a copy of the complaint and any materials filed with the complaint and any amended complaints; ``(2) notice of any scheduled judicial hearing in the class action; ``(3) any proposed or final notification to class members of-- ``(A) the members' rights to request exclusion from the class action; and ``(B) a proposed settlement of a class action; ``(4) any proposed or final class action settlement; ``(5) any settlement or other agreement contemporaneously made between class counsel and counsel for the defendants; ``(6) any final judgment or notice of dismissal; ``(7)(A) if feasible the names of class members who reside in each State attorney general's respective State and the estimated proportionate claim of such members to the entire settlement; or ``(B) if the provision of information under subparagraph (A) is not feasible, a reasonable estimate of the number of class members residing in each attorney general's State and the estimated proportionate claim of such members to the entire settlement; and ``(8) any written judicial opinion relating to the materials described under paragraphs (3) through (6). ``(b) A hearing to consider final approval of a proposed settlement may not be held earlier than 120 days after the date on which the State attorneys general and the Department of Justice are served notice under subsection (a). ``(c) Any court with jurisdiction over a plaintiff class action shall require that-- ``(1) any written notice provided to the class through the mail or publication in printed media contain a short summary written in plain, easily understood language, describing-- ``(A) the subject matter of the class action; ``(B) the legal consequences of joining the class action; ``(C) the ability of a class member to seek removal of the class action to Federal court if-- ``(i) the action is filed in a State court; and ``(ii) Federal jurisdiction would apply to such action under section 1332(d); ``(D) if the notice is informing class members of a proposed settlement agreement-- ``(i) the benefits that will accrue to the class due to the settlement; ``(ii) the rights that class members will lose or waive through the settlement; ``(iii) obligations that will be imposed on the defendants by the settlement; ``(iv) a good faith estimate of the dollar amount of any attorney's fee if possible; and ``(v) an explanation of how any attorney's fee will be calculated and funded; and ``(E) any other material matter; and ``(2) any notice provided through television or radio to inform the class members of the right of each member to be excluded from a class action or a proposed settlement shall, in plain, easily understood language-- ``(A) describe the persons who may potentially become class members in the class action; and ``(B) explain that the failure of a person falling within the definition of the class to exercise such person's right to be excluded from a class action will result in the person's inclusion in the class action. ``(d) Compliance with this section shall not provide immunity to any party from any legal action under Federal or State law, including actions for malpractice or fraud. ``(e)(1) A class member may refuse to comply with and may choose not to be bound by a settlement agreement or consent decree in a class action if the class member resides in a State where the State attorney general has not been provided notice and materials under subsection (a). ``(2) The rights created by this subsection shall apply only to class members or any person acting on a class member's behalf, and shall not be construed to limit any other rights affecting a class member's participation in the settlement. ``(f) Nothing in this section shall be construed to impose any obligations, duties, or responsibilities upon State attorneys general or the Attorney General of the United States. ``Sec. 1714. Limitation on attorney's fees in class actions ``In any class action, the total attorneys' fees and expenses awarded by the court to counsel for the plaintiff class may not exceed a reasonable percentage of the amount of-- ``(1) any damages and prejudgment interest actually paid to the class; and ``(2) costs actually incurred by all defendants in complying with the terms of an injunctive order or settlement agreement.''. (b) Technical and Conforming Amendment.--The table of chapters for part V of title 28, United States Code, is amended by inserting after the item relating to chapter 113 the following: ``114. Class Actions........................................... 1711''. SEC. 3. DIVERSITY JURISDICTION FOR CLASS ACTIONS. Section 1332 of title 28, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d)(1) In this subsection, the terms `class', `class action', and `class certification order' have the meanings given such terms under section 1711. ``(2) The district courts shall have original jurisdiction of any civil action where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is a class action in which-- ``(A) any member of a class of plaintiffs is a citizen of a State different from any defendant; ``(B) any member of a class of plaintiffs is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or ``(C) any member of a class of plaintiffs is a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state. ``(3) In any class action, the claims of the individual members of any class shall be aggregated to determine whether the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs. ``(4) This subsection shall apply to any class action before or after the entry of a class certification order by the court. ``(5) A district court shall dismiss any civil action if-- ``(A) the action is subject to the jurisdiction of the court solely under this subsection; and ``(B) the court determines the action may not proceed as a class action under rule 23 of the Federal Rules of Civil Procedure.''. SEC. 4. REMOVAL OF CLASS ACTIONS TO FEDERAL COURT. (a) In General.--Chapter 89 of title 28, United States Code, is amended by adding after section 1452 the following: ``Sec. 1453. Removal of class actions ``(a) In this section, the terms `class', `class action', and `class member' have the meanings given such terms under section 1711. ``(b) A class action may be removed to a district court of the United States in accordance with this chapter, except that such action may be removed-- ``(1) by any defendant without the consent of all defendants; or ``(2) by any plaintiff class member who is not a named or representative class member without the consent of all members of such class. ``(c) This section shall apply to any class action before or after the entry of any order certifying a class. ``(d) The provisions of section 1446 relating to a defendant removing a case shall apply to a plaintiff removing a case under this section, except that in the application of subsection (b) of such section the requirement relating to the 30-day filing period shall be met if a plaintiff class member files notice of removal within 30 days after receipt by such class member, through service or otherwise, of the initial written notice of the class action.''. (b) Removal Limitation.--Section 1446(b) of title 28, United States Code, is amended in the second sentence by inserting ``(a)'' after ``section 1332''. (c) Technical and Conforming Amendments.--The table of sections for chapter 89 of title 28, United States Code, is amended by adding after the item relating to section 1452 the following: ``1453. Removal of class actions.''. SEC. 5. REPRESENTATIONS AND SANCTIONS UNDER RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE. Rule 11(c) of the Federal Rules of Civil Procedure is amended-- (1) in the first sentence by striking ``may, subject to the conditions stated below,'' and inserting ``shall''; (2) in paragraph (2) by striking the first and second sentences and inserting ``A sanction imposed for violation of this rule may consist of reasonable attorneys' fees and other expenses incurred as a result of the violation, directives of a nonmonetary nature, or an order to pay penalty into court or to a party.''; and (3) in paragraph (2)(A) by inserting before the period ``, although such sanctions may be awarded against a party's attorneys''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall-- (1) take effect 1 year after the date of enactment of this Act; and (2) apply to any civil action-- (A) pending on such effective date; or (B) filed on or after such effective date.

Class Action Fairness Act of 1998 - Amends the Federal judicial code to require that, no later than ten days after a proposed settlement in a class action is filed in court, the attorneys representing the class in a class action serve the attorney general of each State (State AGs) in which a class member resides and the Department of Justice (DOJ) with specified information, including notice of a proposed settlement. Prohibits the holding of a hearing to consider final approval of a proposed settlement earlier than 120 days after the date on which the State AGs and DOJ are served notice. Requires any court with jurisdiction over a plaintiff class action to require that: (1) any written notice provided to the class through the mail or publication in printed media contain a short summary written in plain, easily understood language describing the subject matter of the class action, the legal consequences of joining such action, the ability of a class member to seek removal of the action to Federal court if the action is filed in a State court and Federal jurisdiction would apply, and, if the notice is informing class members of a proposed settlement agreement, specified information; and (2) any notice provided through television or radio to inform class members of their rights to be excluded from a class action or a proposed settlement describe, in plain, easily understood language, the persons who may potentially become class members and explain that the failure of persons falling within the definition of the class to exercise their right to be excluded from a class action will result in such persons' inclusion in such action. Authorizes a class member to refuse to comply with, and choose not to be bound by, a settlement agreement or consent decree in a class action if the class member resides in a State where the State AG has not been provided notice and materials under this Act. Limits attorney's fees and expenses awarded to counsel for plaintiffs in class actions to a reasonable percentage of: (1) any damages and prejudgment interest actually paid to the class; and (2) costs actually incurred by all defendants in complying with injunctive orders or settlement agreements. (Sec. 3) Grants district courts original jurisdiction in class actions involving diversity jurisdiction where the matter in controversy exceeds $75,000 (based on aggregated individual claims of class members), exclusive of interest and costs. (Sec. 4) Authorizes removal of class actions to a district court by any: (1) defendant without the consent of all defendants; or (2) plaintiff class member who is not a named or representative member without the consent of all members. (Sec. 5) Amends the Federal Rules of Civil Procedure to require (currently, authorizes) the imposition of sanctions for the filing of frivolous lawsuits and the making of other specified misrepresentations to the court.

Class Action Fairness Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security Culture and Language Training Act''. SEC. 2. OFFICE OF IRREGULAR WARFARE, CULTURAL TRAINING, AND SOCIAL SCIENCE INITIATIVES. (a) Establishing the Assistant Secretary of Defense for Irregular Warfare, Cultural Training, and Social Science Initiatives.--Section 138 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``ten'' and inserting ``eleven''; and (2) in subsection (b), by adding at the end the following new paragraph: ``(6) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Irregular Warfare, Cultural Training, and Social Science Initiatives. He shall have as his principal duty the overall supervision of the Office of Irregular Warfare, Cultural Training, and Social Science Initiatives.''. (b) Establishment of the Office of Irregular Warfare, Cultural Training, and Social Science Initiatives.--Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2016. Office of Irregular Warfare, Cultural Training, and Social Science Initiatives ``(a) Establishment.--There is in the Office of the Secretary of Defense an Office of Irregular Warfare, Cultural Training, and Social Science Initiatives (hereinafter in this section referred to as the `Office'). The Office shall be under the Assistant Secretary of Defense for Irregular Warfare, Cultural Training, and Social Science Initiatives. ``(b) Duties.--The Office shall-- ``(1) devise and implement a training doctrine that includes the development of cultural, sociological, and psychological knowledge and skills for members of the armed forces; ``(2) use existing cultural training programs and structures in the armed forces to expand training efforts for all military personnel; ``(3) devise measurable, empirical criteria for determining the value and efficacy of each initiative and program of the Office; ``(4) develop and maintain partnerships between the Department of Defense and academic institutions, social science professionals, and human science professionals to further the mission of the Office; ``(5) serve as the clearinghouse within the Department of Defense for knowledge in the human and social sciences; ``(6) develop products and studies on cultural awareness training and education, educational training and science, language science, and opinion shaping; and ``(7) disseminate human and social science knowledge to members of the armed forces in the field in a useable, standardized form. ``(c) Report.--Not later than one year after the date of the enactment of this section, and every year thereafter, the Assistant Secretary of Defense for Irregular Warfare, Cultural Training, and Social Science Initiatives shall submit a report to Congress on the implementation of this section.''. SEC. 3. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY BONUS AUTHORITIES TO ENCOURAGE TRAINING IN CRITICAL FOREIGN LANGUAGES AND FOREIGN CULTURAL STUDIES. (a) Eligibility for Skill Proficiency Bonus.--Subsection (b) of section 353 of title 37, United States Code, is amended to read as follows: ``(b) Skill Proficiency Bonus.-- ``(1) Availability; eligible persons.--The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who-- ``(A) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title or is enrolled in an officer training program; and ``(B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned. ``(2) Inclusion of certain senior rotc members.--A proficiency bonus may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers' Training Corps program even though the student is in the first year of the four-year course under the program. During the period covered by the proficiency bonus, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives incentive pay under subsection (g)(2) for the same period, the student may receive only a single monthly subsistence allowance under section 209(c) of this title.''. (b) Availability of Incentive Pay for Participation in Foreign Language Education or Training Programs.--Such section is further amended-- (1) by redesignating subsections (g), (h), and (i) as subsections (h), (i), and (j), respectively; and (2) by inserting after subsection (f) the following new subsection (g): ``(g) Foreign Language Studies in Officer Training Programs.-- ``(1) Availability of incentive pay.--The Secretary concerned may pay incentive pay to a person enrolled in an officer training program to also participate in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned. ``(2) Inclusion of certain senior rotc members.--Incentive pay may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers' Training Corps program even though the student is in the first year of the four-year course under the program. While the student receives the incentive pay, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives a proficiency bonus under subsection (b)(2) covering the same month, the student may receive only a single monthly subsistence allowance under section 209(c) of this title. ``(3) Critical foreign language defined.--In this section, the term `critical foreign language' includes Arabic, Korean, Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, Russian, Portuguese, or other language designated as critical by the Secretary concerned.''. (c) Pilot Program for Foreign Language Proficiency Training for Reserve Members.-- (1) Pilot program required.--The Secretary of Defense shall conduct a pilot program to provide a skill proficiency bonus under section 353(b) of title 37, United States Code, to a member of a reserve component of the Armed Forces who is entitled to compensation under section 206 of such title while the member participates in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical under such section 353. (2) Duration of pilot program.--The Secretary shall conduct the pilot program during the period beginning on October 1, 2008, and ending on December 31, 2013. Incentive pay may not be provided under the pilot program after December 31, 2013. (3) Reporting requirement.--Not later than March 31, 2012, the Secretary shall submit to Congress a report containing the results of the pilot program and the recommendations of the Secretary regarding whether to continue or expand the pilot program. (d) Expedited Implementation.--Notwithstanding section 662 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a military department may immediately implement the amendments made by subsections (a) and (b) in order to ensure the prompt availability of proficiency bonuses and incentive pay under section 553 of title 37, United States Code, as amended by such subsections, for persons enrolled in officer training programs.

National Security Culture and Language Training Act - Establishes an: (1) Assistant Secretary of Defense for Irregular Warfare, Cultural Training, and Social Sciences Initiatives; and (2) Office of Irregular Warfare, Cultural Training, and Social Sciences Initiatives. Requires the Office to, among other things: (1) devise and implement a training doctrine that includes the development of cultural, sociological, and psychological knowledge and skills for members of the Armed Forces; and (2) use existing military cultural training programs to expand training efforts for all military personnel. Authorizes the Secretary of the military department concerned (Secretary concerned) to pay: (1) a skill proficiency bonus to a regular or reserve member in training to acquire proficiency in a foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned; and (2) incentive pay to a person enrolled in an officer training program to also participate in an education or training program to acquire such proficiency. Directs the Secretary of Defense to conduct a pilot program to provide a skill proficiency bonus to a member of the reserves receiving compensation for inactive-duty training while participating in an education or training program to acquire such proficiency.

To amend titles 10 and 37, United States Code, to create the position of Assistant Secretary of Defense for Irregular Warfare, Cultural Training, and Social Science Initiatives and to authorize a new skill incentive pay and proficiency bonus to encourage members of the Armed Forces to train in critical foreign languages and foreign cultural studies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowner Assistance and Taxpayer Protection Act''. TITLE I--ASSISTING HOMEOWNERS SEC. 101. RESTRUCTURING LOANS OWNED BY THE GOVERNMENT. (a) Mortgages Acquired by the Secretary.--Section 109(a) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by striking ``encourage'' and inserting ``require''. (b) Mortgages Held by Federal Property Managers.--Section 110(b)(1) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by striking ``encourage'' and inserting ``require''. (c) Obligations Secured by Mortgages Held by Federal Property Managers.--Section 110(c)(1) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by striking ``encourage'' and inserting ``require''. SEC. 102. REQUIRING LENDERS TO PARTICIPATE IN HOPE FOR HOMEOWNERS PROGRAM WHEN HOMEOWNERS ELECT TO PARTICIPATE. Section 257(b)(1) of the National Housing Act (12 U.S.C. 1715z- 23(b)(1)) is amended by striking ``and existing loan holders'' and inserting ``, but required on the part of existing loan holders when homeowners apply,''. SEC. 103. HELPING FAMILIES SAVE THEIR HOMES IN BANKRUPTCY. (a) Special Rules for Modification of Loans Secured by Residences.-- (1) In general.--Section 1322(b) of title 11, United States Code, is amended-- (A) in paragraph (10), by striking ``and'' at the end; (B) by redesignating paragraph (11) as paragraph (12); and (C) by inserting after paragraph (10) the following: ``(11) notwithstanding paragraph (2) and otherwise applicable nonbankruptcy law-- ``(A) modify an allowed secured claim secured by the debtor's principal residence, as described in subparagraph (B), if, after deduction from the debtor's current monthly income of the expenses permitted for debtors described in section 1325(b)(3) of this title (other than amounts contractually due to creditors holding such allowed secured claims and additional payments necessary to maintain possession of that residence), the debtor has insufficient remaining income to retain possession of the residence by curing a default and maintaining payments while the case is pending, as provided under paragraph (5); and ``(B) provide for payment of such claim-- ``(i) in an amount equal to the amount of the allowed secured claim; ``(ii) for a period that is not longer than 40 years; and ``(iii) at a rate of interest accruing after such date calculated at a fixed annual percentage rate, in an amount equal to the most recently published annual yield on conventional mortgages published by the Board of Governors of the Federal Reserve System, as of the applicable time set forth in the rules of the Board, plus a reasonable premium for risk; and''. (2) Conforming amendment.--Section 1325(a)(5) of title 11, United States Code, is amended by inserting before ``with respect'' the following: ``except as otherwise provided in section 1322(b)(11) of this title,''. (b) Waiver of Counseling Requirement When Homes Are in Foreclosure.--Section 109(h) of title 11, United States Code, is amended by adding at the end the following: ``(5) The requirements of paragraph (1) shall not apply with respect to a debtor who files with the court a certification that a foreclosure sale of the debtor's principal residence has been scheduled.''. (c) Combating Excessive Fees.--Section 1322(c) of title 11, the United States Code, is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(3) the plan need not provide for the payment of, and the debtor, the debtor's property, and property of the estate shall not be liable for, any fee, cost, or charge, notwithstanding section 506(b), that arises in connection with a claim secured by the debtor's principal residence if the event that gives rise to such fee, cost, or charge occurs while the case is pending but before the discharge order, except to the extent that-- ``(A) notice of such fees, costs, or charges is filed with the court, and served on the debtor and the trustee, before the expiration of the earlier of-- ``(i) 1 year after the event that gives rise to such fee, cost, or charge occurs; or ``(ii) 60 days before the closing of the case; and ``(B) such fees, costs, or charges are lawful, reasonable, and provided for in the agreement under which such claim or security interest arose; ``(4) the failure of a party to give notice described in paragraph (3) shall be deemed a waiver of any claim for fees, costs, or charges described in paragraph (3) for all purposes, and any attempt to collect such fees, costs, or charges shall constitute a violation of section 524(a)(2) of this title or, if the violation occurs before the date of discharge, of section 362(a) of this title; and ``(5) a plan may provide for the waiver of any prepayment penalty on a claim secured by the principal residence of the debtor.''. (d) Prohibiting Claims Arising From Violations of Consumer Protection Laws.--Section 502(b) of title 11, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(10) such claim includes a request for damages or rescission based on a failure to comply with the Truth in Lending Act (15 U.S.C. 1601 et seq.), or any other provision of applicable State or Federal consumer protection law in force when the failure to comply occurred, notwithstanding a prior entry of a foreclosure judgment.''. (e) Application of Amendments.--The amendments made to title 11, United States Code, by this section shall apply with respect to cases commenced under that title 11 on or after the date of enactment of this Act, or pending on the date of enactment of this Act. TITLE II--PROTECTING TAXPAYERS SEC. 201. BARRING DIVIDEND INCREASES. Section 113(d) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by adding at the end the following: ``(4) Dividends.--If the Secretary purchases troubled assets under the authority of this Act, the financial institutions from which such assets are purchased may not pay dividends in a cumulative amount that is higher in the current or a future fiscal year than the cumulative dividends paid in the fiscal year immediately preceding the sale of the troubled assets until such time as the troubled assets are no longer owned by the Secretary.''. SEC. 202. REDUCING DIVIDENDS TO PAY FOR EXCESSIVE EXECUTIVE COMPENSATION. Section 111(b)(2) of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) a reduction in dividends paid by the institution in its next fiscal year equal to the executive compensation paid to senior executive officers in excess of $500,000 per officer in the current fiscal year.''.

Homeowner Assistance and Taxpayer Protection Act - Amends the Emergency Economic Stabilization Act of 2008 (EESA), with respect to mortgages acquired by the Secretary of the Treasury, to direct the Secretary to use authority to require (currently, encourage) the servicers of the underlying mortgages to take advantage of the HOPE for Homeowners Program under the National Housing Act or other available programs to minimize foreclosures. Requires federal property managers holding, owning, or controlling mortgages, mortgage backed securities, and other assets secured by residential real estate to do likewise. Directs a federal property manager to require (currently, encourage) loan servicers to implement specified loan modifications in any case in which the property manager does not own a residential mortgage loan, but holds an interest in obligations or pools of obligations secured by residential mortgage loans. Requires lenders to participate in HOPE for Homeowners Program when homeowners elect to participate. Amends Chapter 13 (Adjustment of Debts of an Individual with Regular Income) of the federal bankruptcy code to allow a debtor's plan to modify an allowed secured claim secured by the debtor's principal residence (mortgage), if, after deduction of permitted expenses, the debtor has insufficient remaining current monthly income to retain possession of the residence by curing a default and maintaining payments while the case is pending. Waives the credit counseling requirement for a debtor whose home is in foreclosure. Waives the liaibility of the debtor and the debtor's estate for certain fees arising in connection with a claim secured by the debtor's principal residence. Amends EESA to prohibit financial institutions from which troubled assets are purchased by the Secretary from paying increased dividends until such time as the troubled assets are no longer owned by the Secretary. Requires that dividends be reduced to pay for excessive executive compensation in the case of any such financial institution.

A bill to help struggling families stay in their homes and to ensure that taxpayers are protected when the Secretary of the Treasury purchases equity shares in financial situations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Security Enhancement Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) The safety and security of the civil air transportation system is critical to the security and national defense of the United States. (2) A large percentage of the Nation's airports will have checked baggage explosive detection systems in place by the statutory deadline of December 31, 2002, but the remaining airports will be required to implement expensive interim systems requiring full replacement or relocation (or both) within a short period of time. (3) Implementation and replacement of the interim systems will cost millions of taxpayer dollars, will present serious problems in ensuring that a sufficient number of operators are hired and trained within the allotted time, and will require unprecedented demands on lobby space in airports. (4) The statutory deadline of December 31, 2002, which was originally believed to be adequate in providing a reasonable time frame for implementing an effective baggage screening system, may be insufficient and inefficient to accomplish the mission envisioned by Congress in approving the Aviation and Transportation Security Act. (5) In order to meet that critical mission, significant flexibility was included in that Act to allow the Under Secretary of Transportation for Security to continue using current screening practices until explosive detection systems can be installed. A high level of security can be maintained in the interim using current practices while the longer-term systems are installed. (6) A measured approach to installations will provide the Transportation Security Administration with appropriate leeway to incrementally address individual airport requirements and potentially allow that agency to accommodate technology improvements and lessons learned. (7) Such installations should be accomplished without undue delays after the planning phase has been completed. (8) By providing optimal solutions, air passengers will be better protected. SEC. 3. EXPLOSIVE DETECTION SYSTEMS. (a) Installation of Systems.--Section 44901(d) of title 49, United States Code, is amended by adding at the end the following: ``(2) Modification of airport terminal buildings to accommodate explosive detection systems.-- ``(A) Notification of airports.--Not later than October 1, 2002, the Under Secretary shall notify the owner or operator of each United States airport described in section 44903(c) of the number and type of explosive detection systems that will be required to be deployed at the airport in order to screen all checked baggage by explosive detection systems without imposing unreasonable delays on the passengers using the airport. ``(B) Assessments of airport terminal buildings.-- If the owner or operator of a United States airport described in section 44903(c) determines that the airport will not be able to make the modifications to the airport's terminal buildings that are necessary to accommodate the explosive detection systems required under subparagraph (A) in a cost-effective manner on or before December 31, 2002, the owner or operator shall provide notice of that determination to the Under Secretary not later than November 1, 2002. ``(C) Plans for making modifications to airport terminal buildings.-- ``(i) In general.--If the owner or operator of an airport provides notice to the Under Secretary under subparagraph (B), the Under Secretary, in consultation with the owner or operator, shall develop, not later than December 1, 2002, a plan for making necessary modifications to the airport's terminal buildings so as to deploy and fully utilize explosive detection systems to screen all checked baggage. ``(ii) Deadline.--A plan developed under this subparagraph shall include a date for completing the plan. All such plans shall be completed as expeditiously as practicable. ``(iii) Transmission of plans to congress.--On the date of completion of a plan under this subparagraph, the Under Secretary shall transmit a copy of the plan to Congress. For security purposes, information contained in the plan shall not be disclosed to the public. ``(D) Requirements for plans.--A plan developed and published under subparagraph (C), shall provide for, to the maximum extent practicable-- ``(i) the deployment of explosive detection systems in the baggage sorting area or other non-public area rather than the lobby of an airport terminal building; and ``(ii) the deployment of state of the art explosive detection systems that have high throughput, low false alarm rates, and high reliability without reducing detection rates. ``(E) Use of screening methods other than eds.-- Notwithstanding the deadline in paragraph (1)(A), after December 31, 2002, if explosive detection systems are not screening all checked baggage at a United States airport described in section 44903(c), such baggage shall be screened by the methods described in subsection (e) until such time as all checked baggage is screened by explosive detection systems at the airport. ``(3) Purchase of explosive detection systems.--Any explosive detection system required to be purchased under paragraph (2)(A) shall be purchased by the Under Secretary. ``(4) Explosive detection system defined.--In this subsection, the term `explosive detection system' means a device, or combination of devices, that can detect different types of explosives.''. (b) Alternative Explosive Detection Systems.-- (1) Demonstration projects.--The Under Secretary of Transportation for Security shall carry out demonstration projects for the installation and testing of alternative explosive detection systems at not less than 5 United States airports described in section 44903(c) of title 49, United States Code. (2) Applications.-- (A) Submission.--Not later than December 1, 2002, the owner or operator of an airport seeking to participate in the demonstration projects shall submit to the Under Secretary an application in the form and containing the information that the Under Secretary requires. (B) Selection of airports.--Not later than March 31, 2003, the Under Secretary shall select the airports at which the demonstration projects will be conducted from among the applications received. (3) Demonstration criteria.--In carrying out the demonstration projects, the Under Secretary shall evaluate alternative explosive detection systems based on the following criteria: (A) Probability of detection. (B) Probability of false alarm. (C) Reliability. (D) Detection of explosives, hazardous materials, and chemical weapons. (E) Through put speed. (F) Manpower needed to operate the systems and clear baggage for travel. (4) Airport modifications.--An airport participating in the demonstration projects shall not be required to make any modification to the airport's terminal facilities to accommodate the deployment of explosive detection systems under 44901(d)(1)(A). (5) Continuation of approved inspections.--The Under Secretary shall require an airport participating in the demonstration projects to continue to deploy the inspection systems deployed at the airport as of January 19, 2002, but may not require the airport to deploy additional explosive detection equipment at the airport before December 31, 2003. (6) Purchase of alternative explosive detection systems.-- Any alternative explosive detection system purchased as part of a demonstration project under this subsection shall be purchased by the Under Secretary. (7) Report to congress.--Not later than December 31, 2003, the Under Secretary shall transmit to Congress a report describing the results of the demonstration projects, including an evaluation of the alternative explosive detection systems using the criteria specified in paragraph (3). (c) Correction of Reference.--Section 44901(e) of title 49, United States Code, is amended by striking ``(b)(1)(A)'' and inserting ``(d)(1)(A)''.

Aviation Security Enhancement Act of 2002 - Amends Federal aviation law to direct the Under Secretary of Transportation for Security of the Transportation Security Administration to notify the owner or operator of each U.S. airport of the number and type of explosive detection systems that will be required to be deployed at the airport in order to screen all checked baggage without imposing unreasonable delays on the passengers. Requires each owner or operator to: (1) notify the Under Secretary by a specified date if they are not able to make modifications to the airport's terminal buildings that are necessary to accommodate the explosive detection systems; and (2) develop a plan, if notice is given, by a specified date for making necessary modifications to the terminal buildings so as to deploy and fully utilize explosive detection systems to screen all checked baggage. Requires the Under Secretary to carry out demonstration projects for the installation and testing of alternative explosive detection systems at not less than five U.S. airports. Sets forth certain plan and demonstration requirements.

To amend title 49, United States Code, to provide for the modification of airport terminal buildings to accommodate explosive detection systems for screening checked baggage, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Rental Housing Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) There is a pressing and increasing need for rental housing for rural families and senior citizens, as evidenced by the fact that-- (A) two-thirds of extremely low-income and very low-income rural households do not have access to affordable rental housing units; (B) more than 900,000 rural rental households (10.4 percent) live in either severely or moderately inadequate housing; and (C) substandard housing is a problem for 547,000 rural renters, and approximately 165,000 rural rental units are overcrowded. (2) Many rural United States households live with serious housing problems, including a lack of basic water and wastewater services, structural insufficiencies, and overcrowding, as shown by the fact that-- (A) 28 percent, or 10,400,000, rural households in the United States live with some kind of serious housing problem; (B) approximately 1,000,000 rural renters have multiple housing problems; and (C) an estimated 2,600,000 rural households live in substandard housing with severe structural damage or without indoor plumbing, heat, or electricity. (3) In rural America-- (A) one-third of all renters pay more than 30 percent of their income for housing; (B) 20 percent of rural renters pay more than 50 percent of their income for housing; and (C) 92 percent of all rural renters with significant housing problems pay more than 50 percent of their income for housing costs, and 60 percent pay more than 70 percent of their income for housing. (4) Rural economies are often less diverse, and therefore, jobs and economic opportunity are limited because-- (A) factors that exist in rural environments, such as remoteness and low population density, lead to limited access to many forces driving the economy, such as technology, lending, and investment; and (B) local expertise is often limited in rural areas where the economies are focused on farming or natural resource-based industries. (5) Rural areas have less access to credit than metropolitan areas since-- (A) banks and other investors that look for larger projects with lower risk seek metropolitan areas for loans and investment; (B) credit that is available is often insufficient, leading to the need for interim or bridge financing; and (C) credit in rural areas is often more expensive and available at less favorable terms than in metropolitan areas. (6) The Federal Government investment in rural rental housing has dropped during the last 10 years, as evidenced by the fact that-- (A) Federal spending for rural rental housing has been cut by 73 percent since 1994; and (B) rural rental housing unit production financed by the Federal Government has been reduced by 88 percent since 1990. (7) To address the scarcity of rural rental housing, the Federal Government must work in partnership with State and local governments, private financial institutions, private philanthropic institutions, and the private sector, including nonprofit organizations. SEC. 3. DEFINITIONS. In this Act: (1) Eligible project.--The term ``eligible project'' means a project for the acquisition, rehabilitation, or construction of rental housing and related facilities in an eligible rural area for occupancy by low-income families. (2) Eligible rural area.--The term ``eligible rural area'' means a rural area with a population of not more than 25,000, as determined by the most recent decennial census of the United States, and that is located outside an urbanized area. (3) Eligible sponsor.--The term ``eligible sponsor'' means a public agency, an Indian tribe, a for-profit corporation, or a private nonprofit corporation-- (A) a purpose of which is planning, developing, or managing housing or community development projects in rural areas; and (B) that has a record of accomplishment in housing or community development and meets other criteria established by the Secretary by regulation. (4) Low-income families.--The term ``low-income families'' has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (5) Qualified intermediary.--The term ``qualified intermediary'' means a State, a State agency designated by the Governor of the State, a public instrumentality of the State, a private nonprofit community development corporation, a nonprofit housing corporation, a community development loan fund, or a community development credit union, that-- (A) has a record of providing technical and financial assistance for housing and community development activities in rural areas; and (B) has a demonstrated technical and financial capacity to administer assistance made available under this Act. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) State.--The term ``State'' means each of the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, and any other possession of the United States. SEC. 4. RURAL RENTAL HOUSING ASSISTANCE. (a) In General.--The Secretary may, directly or through 1 or more qualified intermediaries in accordance with section 5, make assistance available to eligible sponsors in the form of loans, grants, interest subsidies, annuities, and other forms of financing assistance, to finance the eligible projects. (b) Applications.-- (1) In general.--To be eligible to receive assistance under this section, an eligible sponsor shall submit to the Secretary, or a qualified intermediary, an application in such form and containing such information as the Secretary shall require by regulation. (2) Affordability restriction.--Each application under this subsection shall include a certification by the applicant that the housing to be acquired, rehabilitated, or constructed with assistance under this section will remain affordable for low- income families for not less than 30 years. (c) Priority for Assistance.--In selecting among applicants for assistance under this section, the Secretary, or a qualified intermediary, shall give priority to providing assistance to eligible projects-- (1) for very low-income families (as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (2) in low-income communities or in communities with a severe lack of affordable rental housing, in eligible rural areas, as determined by the Secretary; or (3) if the applications are submitted by public agencies, Indian tribes, private nonprofit corporations or limited dividend corporations in which the general partner is a non- profit entity whose principal purposes include planning, developing and managing low-income housing and community development projects. (d) Allocation of Assistance.-- (1) In general.--In carrying out this section, the Secretary shall allocate assistance among the States, taking into account the incidence of rural substandard housing and rural poverty in each State and the share of that State of the national total of such incidence. (2) Small state minimum.--In making an allocation under paragraph (1), the Secretary shall provide each state an amount not less than $2,000,000. (e) Limitations on Amount of Assistance.-- (1) In general.--Except as provided in paragraph (2), assistance made available under this Act may not exceed 50 percent of the total cost of the eligible project. (2) Exception.--Assistance authorized under this Act shall not exceed 75 percent of the total cost of the eligible project, if the project is for the acquisition, rehabilitation, or construction of not more than 20 rental housing units for use by very low-income families. SEC. 5. DELEGATION OF AUTHORITY. (a) In General.--The Secretary may delegate authority for distribution of assistance-- (1) to one or more qualified intermediaries in the State; and (2) for a period of not more than 3 years, at which time that delegation of authority shall be subject to renewal, in the discretion of the Secretary, for 1 or more additional periods of not more than 3 years. (b) Solicitation.-- (1) In general.--The Secretary may, in the discretion of the Secretary, solicit applications from qualified intermediaries for a delegation of authority under this section. (2) Contents of application.--Each application under this subsection shall include-- (A) a certification that the applicant will-- (i) provide matching funds from sources other than this Act in an amount that is not less than the amount of assistance provided to the applicant under this section; and (ii) distribute assistance to eligible sponsors in the State in accordance with section 4; and (B) a description of-- (i) the State or the area within a State to be served; (ii) the incidence of poverty and substandard housing in the State or area to be served; (iii) the technical and financial qualifications of the applicant; and (iv) the assistance sought and a proposed plan for the distribution of such assistance in accordance with section 4. (3) Multistate applications.--The Secretary may, in the discretion of the Secretary, seek application by qualified intermediaries for more than 1 State. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $250,000,000 for each of fiscal years 2002 through 2006.

Rural Rental Housing Act of 2001 - Authorizes the Secretary of Agriculture, directly or through specified intermediaries, to provide rural rental housing assistance. Gives priority to very low-income families, low-income communities, communities lacking affordable rental housing, or certain other applicants.

A bill to promote the development of affordable, quality rental housing in rural areas for low-income households.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assisted Suicide Funding Restriction Act of 1997''. SEC. 2. GENERAL PROHIBITION ON USE OF FEDERAL ASSISTANCE. Notwithstanding any other provision of law, no funds appropriated by the Congress shall be used to provide, procure, furnish, fund, or support, or to compel any individual, institution, or government entity to provide, procure, furnish, fund, or support, any item, good, benefit, program, or service, the purpose of which is to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act, or in an amendment made by this Act, shall be construed to create any limitation relating to-- (1) the withholding or withdrawing of medical treatment or medical care; (2) the withholding or withdrawing of nutrition or hydration; (3) abortion; or (4) the use of an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason. SEC. 4. PROHIBITION OF FEDERAL FINANCIAL PARTICIPATION UNDER MEDICAID FOR ASSISTED SUICIDE OR RELATED SERVICES. (a) In General.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (1) by striking ``or'' at the end of paragraph (14); (2) by striking the period at the end of paragraph (15) and inserting ``; or''; and (3) by inserting after paragraph (15) the following: ``(16) with respect to any amount expended for any item or service furnished for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.''. (b) Treatment of Advance Directives.--Section 1902(w) of the Social Security Act (42 U.S.C. 1396a(w)) is amended by adding at the end the following: ``(5) Nothing in this subsection shall be construed to create any requirement with respect to a portion of an advance directive that directs the purposeful causing, or the purposeful assisting in causing, of the death of any individual, such as by assisted suicide, euthanasia, or mercy killing. ``(6) Nothing in this subsection shall be construed to require any provider or organization, or any employee of such a provider or organization, to inform or counsel any individual regarding any right to obtain an item or service furnished for the purpose of causing, or the purpose of assisting in causing, the death of the individual, such as by assisted suicide, euthanasia, or mercy killing.''. SEC. 5. RESTRICTING TREATMENT UNDER MEDICARE OF ASSISTED SUICIDE OR RELATED SERVICES. (a) Prohibition of Expenditures.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (1) by striking ``or'' at the end of paragraph (14); (2) by striking the period at the end of paragraph (15) and inserting ``; or''; and (3) by inserting after paragraph (15) the following: ``(16) where such expenses are for any item or service furnished for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.''. (b) Treatment of Advance Directives.--Section 1866(f) of the Social Security Act (42 U.S.C. 1395cc(f)) is amended by adding at the end the following: ``(4) Nothing in this subsection shall be construed to create any requirement with respect to a portion of an advance directive that directs the purposeful causing, or the purposeful assisting in causing, of the death of any individual, such as by assisted suicide, euthanasia, or mercy killing. ``(5) Nothing in this subsection shall be construed to require any provider of services or prepaid or eligible organization, or any employee of such a provider or organization, to inform or counsel any individual regarding any right to obtain an item or service, furnished for the purpose of causing, or the purpose of assisting in causing, the death of the individual, such as by assisted suicide, euthanasia, or mercy killing.''. SEC. 6. PROHIBITION AGAINST USE OF BLOCK GRANTS TO STATES FOR SOCIAL SERVICES TO PROVIDE ITEMS OR SERVICES FOR THE PURPOSE OF INTENTIONALLY CAUSING DEATH. Section 2005(a) of the Social Security Act (42 U.S.C. 1397d(a)) is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; or''; and (3) by adding at the end the following: ``(10) for the provision of any item or service furnished for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.''. SEC. 7. INDIAN HEALTH CARE. Section 201(b) of the Indian Health Care Improvement Act (25 U.S.C. 1621(b)) is amended by adding at the end the following: ``(3) Funds appropriated under the authority of this section may not be used for the provision of any item or service (including treatment or care) furnished for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.''. SEC. 8. MILITARY HEALTH CARE SYSTEM. (a) Members and Former Members.--Section 1074 of title 10, United States Code, is amended by adding at the end the following: ``(d) Under joint regulations prescribed by the administering Secretaries, a person may not furnish any item or service under this chapter (including any form of medical care) for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.''. (b) Prohibited Health Care for Dependents.--Section 1077(b) of title 10, United States Code, is amended by adding at the end the following: ``(4) Items or services (including any form of medical care) furnished for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.''. (c) Prohibited Health Care Under CHAMPUS.-- (1) Spouses and children of members.--Section 1079(a) of title 10, United States Code, is amended by adding at the end the following: ``(18) No contract for the provision of health-related services entered into by the Secretary may include coverage for any item or service (including any form of medical care) furnished for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.''. (2) Other covered beneficiaries.--Section 1086(a) of title 10, United States Code, is amended-- (A) by inserting ``(1)'' after ``(a)'' the first place it appears; and (B) by adding at the end the following: ``(2) No contract for the provision of health-related services entered into by the Secretary may include coverage for any item or service (including any form of medical care) furnished for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.''. SEC. 9. FEDERAL EMPLOYEES HEALTH BENEFIT PLANS. Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(o) A contract may not be made or a plan approved which includes coverage for any benefit, item or service that is furnished for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.''. SEC. 10. HEALTH CARE PROVIDED FOR PEACE CORPS VOLUNTEERS. Section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e)) is amended-- (1) by inserting ``(1)(A)'' after ``(e)''; (2) by striking ``Subject to such'' and inserting the following: ``(2) Subject to such''; and (3) by adding at the end of paragraph (1) (as so designated by paragraph (1)), the following: ``(B) Health care provided under this subsection to volunteers during their service to the Peace Corps shall not include any item or service furnished for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.''. SEC. 11. MEDICAL SERVICES FOR FEDERAL PRISONERS. Section 4005(a) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following: ``(2) Services provided under this subsection shall not include any item or service furnished for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.''. SEC. 12. PROHIBITING USE OF ANNUAL FEDERAL PAYMENT TO DISTRICT OF COLUMBIA FOR ASSISTED SUICIDE OR RELATED SERVICES. (a) In General.--Title V of the District of Columbia Self- Government and Governmental Reorganization Act is amended by adding at the end the following: ``ban on use of funds for assisted suicide and related services ``Sec. 504. None of the funds appropriated to the District of Columbia pursuant to an authorization of appropriations under this title may be used to furnish any item or service for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.''. (b) Clerical Amendment.--The table of sections of the District of Columbia Self-Government and Governmental Reorganization Act is amended by adding at the end of the items relating to title V the following: ``Sec. 504. Ban on use of funds for assisted suicide and related services.''. (c) Effective Date.--The amendments made by this section shall apply to payments to the District of Columbia for fiscal years beginning with fiscal year 1998.

Assisted Suicide Funding Restriction Act of 1997 - Prohibits the use of appropriated funds to provide, procure, furnish, fund, or support, or to compel any individual, institution, or government entity to provide, procure, furnish, fund, or support, any item, good, benefit, program, or service, the purpose of which is to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual. Amends titles XVIII (Medicare), XIX (Medicaid), and XX (Block Grants to States for Social Services) of the Social Security Act to prohibit payment (or use of block grant funds) for any item or service furnished to cause the death of any individual. Provides for the treatment of advance directives. Amends the Indian Health Care Improvement Act to prohibit the use of appropriated funds to cause the death of any individual. Amends Federal law relating to members and certain former members of the uniformed services and to dependents of members to prohibit furnishing (or including coverage under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for) any item or service to cause the death of any individual. Amends Federal law relating to contracting for government employees' health benefit plans to prohibit including coverage for any item or service to cause the death of any individual. Amends Federal law relating to health care for Peace Corps volunteers to prohibit providing any item or service to cause the death of any individual. Amends Federal criminal code provisions relating to medical and other services to the Federal penal and correctional institutions to prohibit furnishing any item or service to cause the death of any individual. Amends the District of Columbia Self-Government and Governmental Reorganization Act to prohibit the use of funds appropriated under specified provisions of that Act for any item or service to cause the death of any individual.

Assisted Suicide Funding Restriction Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Right to Know Before You Go Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Every year, millions of people in the United States will make the choice of whether to invest in higher education or job retraining programs, but outcomes vary widely based on the program of study selected, the institution selected, and the maximum level of education attained. (2) A person who obtains an associate degree earns, on average, $1,500,000 over a lifetime, while individuals with the maximum accreditation of a high school diploma can expect to earn $1,300,000 over a lifetime. By comparison, individuals with a baccalaureate degree earn, on average, $2,300,000 in their lifetime. However, 28.2 percent of individuals with associate degrees earn more than the median salary of baccalaureate degree-holders. It is not just maximum level of education attained, but also the earnings and employment prospects associated with specific programs of study, that determines the amount of an individual's earnings. Furthermore, the employment and earnings projections of distinct degree and certificate programs and the cost of obtaining these credentials are not equal across institutions. (3) On average, workers with a baccalaureate degree earn more than 84 percent over their lifetime compared with those who do not have a degree, and workers with an associate degree earn, on average, $6,600 per year more than those with a high school diploma as their highest credential. (4) According to the National Center for Public Policy and Higher Education report in 2008, the cost of college increased 439 percent from 1982 to 2007. In 2010, graduates who took out loans left college with an average of more than $25,000 of debt, more than double what it was 15 years ago. In 2011, student debt in the United States outweighed credit card debt at nearly $1,000,000,000,000. (5) As of 2008, 84 percent of undergraduates had at least 1 credit card, up from 76 percent in 2004. With the rising cost of college tuition and expenses, students are increasingly turning to private credit to supplement traditional student aid; on average, students charge $2,200 towards direct education expenses, with only 17 percent regularly paying off their balances each month. The average student leaves college with an average credit card debt of more than $4,100, up from about $2,900 in 2004. (6) Recent research shows that more than \1/2\ of student loan borrowers are in deferment, forbearance, delinquency, or default on their Federal student loans within 5 years of leaving school. (7) Greater access and transparency regarding the costs and benefits of higher education are critical to better prepare students, parents, and the public for the realities of college and the workforce. (8) Even though enrollment in colleges is on the rise, corresponding graduation and completion rates have not risen. At 2-year institutions of higher education, about 27 percent of first-time, full-time students who enrolled in the fall of 2005 completed a certificate or associate's degree within 150 percent of the normal time required to complete such a degree. (9) As unemployment among young adults remains elevated, the economic value and employment potential of certain degrees has become an increasingly important factor in selecting a major. Not all academic fields have the same employment and earnings potential. Labor and employment statistics show that certain majors have a higher employment potential after college and a higher median starting salary. Furthermore, the employment and earnings outcomes for the same or similar accreditation vary widely across institutions of higher education. (10) To enhance the public's knowledge and access to improved information concerning the cost of college, financial aid, prospective earnings, and post-graduation employment rates, States, institutions of higher education, and other stakeholders must collaborate to make these data points available to prospective students, parents, and all taxpayers in a new, comprehensive, and easily accessible manner. (11) Such collaboration will allow for a more comprehensive statistical overview of the current landscape in American higher education and increase accountability and efficiency. (12) Research shows that certain courses of study correlate to improved earnings and employment; however, existing reporting requirements make it impossible for researchers to accurately analyze data at the institutional level. A State- based reporting system would ensure that students, parents, taxpayers, and policymakers can make informed decisions, maximizing their return on investment and bringing greater transparency to higher education in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Administering entity.--The term ``administering entity'' means-- (A) a State, including a State coordinating or governing board, State system office, or other State agency; (B) a multi-State compact; or (C) a data system operated by the Department of Education. (2) Educational institution.--The term ``educational institution'' means-- (A) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); (B) a school or institution that offers a program of postsecondary education and that is an eligible provider of training services under section 122 of the Workforce Investment Act of 1998 (42 U.S.C. 2842); and (C) any entity that provides postsecondary training programs that are approved by the Secretary of Labor under section 236 of the Trade Act of 1974 (19 U.S.C. 2296) for workers who receive benefits under the trade adjustment assistance program under chapter 2 of title II of that Act (19 U.S.C. 2271 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. PARTICIPATION IN STATEWIDE INDIVIDUAL-LEVEL INTEGRATED POSTSECONDARY EDUCATION DATA SYSTEMS. (a) Amendment.--Section 487(a)(17) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(17)) is amended-- (1) by striking ``(17) The'' and inserting ``(17)(A) The''; and (2) by adding at the end the following: ``(B) To meet the requirements of subparagraph (A), the institution will fully participate in, and provide all data required for-- ``(i) the individual-level integrated postsecondary education data system certified by the Secretary under section 5(a) of the Student Right to Know Before You Go Act that is administered by a State entity of the State in which the institution is located; or ``(ii) if no such system exists in the State, an individual-level integrated postsecondary education data system that is operated by another administering entity and that is certified by the Secretary under such section 5(a).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. SEC. 5. STATEWIDE INDIVIDUAL-LEVEL INTEGRATED POSTSECONDARY EDUCATION DATA SYSTEMS. (a) Statewide Employment and Learning Exchanges.-- (1) Certification of integrated postsecondary education data systems.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall, upon request by an administering entity-- (i) review the administering entity's individual-level postsecondary education data system or other data system; and (ii) upon determining that the system meets the requirements of this subsection, certify the system for purposes of section 487(a)(17)(B) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(17)(B)). (B) Consultation for certification of systems including data for other programs.--Before certifying under subparagraph (A) an individual-level integrated postsecondary education data system that includes data from a Federal education and training program in accordance with paragraph (2)(B)(ii)(I), the Secretary shall consult with the head of the Federal agency responsible for administering such Federal education and training program. (2) Requirements.--An individual-level integrated postsecondary education data system certified under this subsection shall meet the following requirements: (A) Compatiblity with ipeds.--The system shall have the ability to submit data, in a manner that does not disclose any personally identifiable information, to the Integrated Postsecondary Data System (IPEDS) or any other Federal postsecondary data collection as designated by the Secretary, in a timely manner to the satisfaction of the Secretary. (B) Scope of system.--The system shall include-- (i) Data from educational institutions described in section 3(2)(A); or (ii) if the administering entity chooses, data from such educational institutions and data from-- (I) other Federal education and training programs, such as the Job Corps program carried out under subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.), educational assistance and training programs under the laws administered by the Secretary of Veterans Affairs, programs carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), and training, education, and educational assistance programs of the Department of Defense; or (II) beginning on or after the date that is 5 years after the date of enactment of this Act, educational institutions described in subparagraphs (B) and (C) of section 3(2). (C) Unique identifier.--The system shall use a unique individual identifier system that-- (i) does not permit an individual to be individually identified by users of the data system; and (ii) is created through a process that creates a one-way secure identifier that can be used in data systems in other States and cannot be reverse-engineered. (D) Data included.--The system shall include the following data and information: (i) Data sufficient to complete all student components of reporting required for the Integrated Postsecondary Education Data System of the National Center for Education Statistics. The system shall employ, where applicable, the most recent version available of the Common Education Data Standards developed by the National Center for Education Statistics. (ii) Rates of remedial enrollment, credit accumulation, and postsecondary completion by high school completion status. (iii) Other information determined necessary by the Secretary to address alignment and adequate preparation for success in postsecondary education. (E) Data audit and data governance systems.--The system shall include a data audit system assessing data quality, validity, and reliability and a data governance system, operated at the State or regional level (as the case may be) with the participation of representative educational institutions, to ensure compliance with Federal and State standards of data quality and individual privacy. (F) Individual privacy and access to data.--The administering entity shall provide an assurance-- (i) that the system does not disclose any personally identifiable information and complies with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the ``Family Educational Rights and Privacy Act'') and other applicable Federal and State privacy laws; and (ii) that there is a policy on the use of data in the system by other entities, including by nongovernmental entities. (3) Additional requirements.--In order for an individual- level integrated postsecondary education data system of an administering entity to be certified under this subsection, the entity shall demonstrate to the Secretary that the entity is coordinating with an agency or entity that oversees administrative wage and earnings data to match data from the postsecondary education data system to administrative wage and earnings data, in order to create an interoperable employment and learning exchange that-- (A) continues the use of a unique individual identifier system that does not permit an individual to be identified by users of the data system; and (B) provides data on average individual annual earnings, disaggregated by educational program, degree received, educational institution, employment sector, and State. (b) Technical Assistance Grants.-- (1) In general.--The Secretary is authorized to award grants-- (A) to educational institutions to assist with the costs necessary to comply with the requirements of this section or section 487(a)(17) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(17)), as added by section 4; and (B) to administering entities described in subparagraph (A) or (B) of section 3(1) that have an integrated postsecondary education data system certified by the Secretary under subsection (a) or that are developing such a system, to assist with the costs associated with such systems or with developing or implementing such systems. (2) Application.--An educational institution or administering entity that desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. SEC. 6. TRANSITION PLAN. (a) Transition Requirements.--In transitioning to the requirements of this Act and the amendments made by this Act, the Secretary shall-- (1) ensure that no educational institution will be required to report duplicative information to the Secretary; (2) allow States and educational institutions to consolidate the reporting requirements under section 487(a)(17) of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with any other overlapping reporting requirements, and inform State and institutions of this ability; and (3) establish safeguards to ensure that States and educational institutions are not required to report duplicative information through the individual-level integrated postsecondary education data systems certified under section 5(a). (b) Transition Plan.--Not later than 3 months after the date of enactment of this Act, the Secretary shall make available to States, educational institutions, and the public, a transition plan (including guidance) that-- (1) describes the new options for complying with the reporting requirements of section 487(a)(17) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(17)), as amended by section 4; (2) describes the transition requirements under subsection (a) and how the Secretary will fulfill such requirements; and (3) provides a timeline, including dates, for the Secretary's implementation of the requirements of this Act and the amendments made by this Act.

Student Right to Know Before You Go Act - Amends the Higher Education Act of 1965 to require institutions of higher education (IHEs) participating in title IV (Student Assistance) programs to participate in, and provide all the data required for, an individual-level integrated postsecondary education data system administered by a state, a multi-state compact, or the Secretary of Education. Allows system administrators to include, in addition to data from IHEs, data from certain other postsecondary education and training programs. Requires the systems to be certified by the Secretary as meeting certain data inclusion, quality, governance, and privacy requirements. Requires the systems to include: (1) all student components of reporting required for the Integrated Postsecondary Data System (IPEDS), and submit such data to IPEDS; (2) rates of remedial enrollment, credit accumulation, and postsecondary completion by high school completion status; and (3) earnings data, disaggregated by educational program, institution, degree, employment sector, and state to create an interoperable employment and learning exchange. Authorizes the Secretary to award grants to educational institutions and system administrators to assist them in complying with, developing, and implementing individual-level integrated postsecondary education data systems.

To support statewide individual-level integrated postsecondary education data systems, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Environmental Audit Protection Act''. SEC. 2. VOLUNTARY SELF-EVALUATION PROTECTION. (a) In General.--Part VI of title 28, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 179--VOLUNTARY SELF-EVALUATION PROTECTION ``Sec. ``3801. Admissibility of environmental audit reports. ``3802. Testimony. ``3803. Disclosure to a Federal agency. ``3804. Definitions. ``Sec. 3801. Admissibility of environmental audit reports ``(a) General Rule.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), an environmental audit report prepared in good faith by a person or government entity related to, and essentially constituting a part of, an environmental audit shall not be subject to discovery and shall not be admitted into evidence in any civil or criminal action or administrative proceeding before a Federal court or agency or under Federal law. ``(2) Exclusions.--Paragraph (1) shall not apply to-- ``(A) any document, communication, data, report, or other information required to be collected, developed, maintained, or reported to a regulatory agency pursuant to a covered Federal law; ``(B) information obtained by observation, sampling, or monitoring by any regulatory agency; or ``(C) information obtained from a source independent of the environmental audit. ``(3) Inapplicability.--Paragraph (1) shall not apply to an environmental audit report, if-- ``(A) the owner or operator of the facility that initiated the environmental audit expressly waives the right of the person or government entity to exclude from the evidence or proceeding material subject to this section; ``(B) after an in camera hearing, the appropriate Federal court determines that-- ``(i) the environmental audit report provides evidence of noncompliance with a covered Federal law; and ``(ii) appropriate efforts to achieve compliance were not promptly initiated and pursued with reasonable diligence; or ``(C) the person or government entity is asserting the applicability of the exclusion under this subsection for a fraudulent purpose. ``(b) Determination of Applicability.--The appropriate Federal court shall conduct an in camera review of the report or portion of the report to determine the applicability of subsection (a) to an environmental audit report or portion of a report. ``(c) Burdens of Proof.-- ``(1) In general.--Except as provided in paragraph (2), a party invoking the protection of subsection (a)(1) shall have the burden of proving the applicability of such subsection including, if there is evidence of noncompliance with an applicable environmental law, the burden of proving a prima facie case that appropriate efforts to achieve compliance were promptly initiated and pursued with reasonable diligence. ``(2) Waiver and fraud.--A party seeking discovery under subparagraph (A) or (C) of subsection (b)(3) shall have the burden of proving the existence of a waiver, or that subsection (a)(1) has been invoked for a fraudulent purpose. ``(d) Effect on Other Rules.--Nothing in this Act shall limit, waive, or abrogate the scope or nature of any statutory or common law rule regarding discovery or admissibility of evidence, including the attorney-client privilege and the work product doctrine. ``Sec. 3802. Testimony ``Notwithstanding any other provision of law, a person or government entity, including any officer or employee of the person or government entity, that performs an environmental audit may not be required to give testimony in a Federal court or an administrative proceeding of a Federal agency without the consent of the person or government entity concerning the environmental audit, including the environmental audit report with respect to which section 3801(a) applies. ``Sec. 3803. Disclosure to a Federal agency ``(a) In General.--The disclosure of information relating to a covered Federal law to the appropriate official of a Federal agency or State agency responsible for administering a covered Federal law shall be considered to be a voluntary disclosure subject to the protections provided under section 3801, section 3802, and this section if-- ``(1) the disclosure of the information arises out of an environmental audit; ``(2) the disclosure is made promptly after the person or government entity that initiates the audit receives knowledge of the information referred to in paragraph (1); ``(3) the person or government entity that initiates the audit initiates an action to address the issues identified in the disclosure-- ``(A) within a reasonable period of time after receiving knowledge of the information; and ``(B) within a period of time that is adequate to achieve compliance with the requirements of the covered Federal law that is the subject of the action (including submitting an application for an applicable permit); and ``(4) the person or government entity that makes the disclosure provides any further relevant information requested, as a result of the disclosure, by the appropriate official of the Federal agency responsible for administering the covered Federal law. ``(b) Involuntary Disclosures.--For the purposes of this chapter, a disclosure of information to an appropriate official of a Federal agency shall not be considered to be a voluntary disclosure described in subsection (a) if the person or government entity making the disclosure has been found by a Federal or State court to have committed repeated violations of Federal or State laws, or orders on consent, related to environmental quality, due to separate and distinct events giving rise to the violations, during the 3-year period prior to the date of the disclosure. ``(c) Presumption of Applicability.--If a person or government entity makes a disclosure, other than a disclosure referred to in subsection (b), of a violation of a covered Federal law to an appropriate official of a Federal agency responsible for administering the covered Federal law-- ``(1) there shall be a presumption that the disclosure is a voluntary disclosure described in subsection (a), if the person or government entity provides information supporting a claim that the information is such a voluntary disclosure at the time the person or government entity makes the disclosure; and ``(2) unless the presumption is rebutted, the person or government entity shall be immune from any administrative, civil, or criminal penalty for the violation. ``(d) Rebuttal of Presumption.-- ``(1) In general.--The head of a Federal agency described in subsection (c) shall have the burden of rebutting a presumption established under such subsection. If the head of the Federal agency fails to rebut the presumption-- ``(A) the head of the Federal agency may not assess an administrative penalty against a person or government entity described in subsection (c) with respect to the violation of the person or government entity and may not issue a cease and desist order for the violation; and ``(B) a Federal court may not assess a civil or criminal fine against the person or government entity for the violation. ``(2) Final agency action.--A decision made by the head of the Federal agency under this subsection shall constitute a final agency action. ``(e) Statutory Construction.--Except as expressly provided in this section, nothing in this section is intended to affect the authority of a Federal agency responsible for administering a covered Federal law to carry out any requirement of the law associated with information disclosed in a voluntary disclosure described in subsection (a). ``Sec. 3804. Definitions ``As used in this chapter: ``(1) Covered federal law.--The term `covered Federal law'-- ``(A) means-- ``(i) the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); ``(ii) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); ``(iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(iv) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.); ``(v) title XIV of the Public Health Service Act (commonly known as the `Safe Drinking Water Act') (42 U.S.C. 300f et seq.); ``(vi) the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.); ``(vii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); ``(viii) the Clean Air Act (42 U.S.C. 7401 et seq.); ``(ix) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); ``(x) the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.); and ``(xi) the Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.); ``(B) includes any regulation issued under a law listed in subparagraph (A); and ``(C) includes the terms and conditions of any permit issued under a law listed in subparagraph (A). ``(2) Environmental audit.--The term `environmental audit' means a voluntary and internal assessment, evaluation, investigation or review of a facility that is-- ``(A) initiated by a person or government entity; ``(B) carried out by the employees of the person or government entity, or a consultant employed by the person or government entity, for the express purpose of carrying out the assessment, evaluation, investigation, or review; and ``(C) carried out to determine whether the person or government entity is in compliance with a covered Federal law. ``(3) Environmental audit report.--The term `environmental audit report' means any reports, findings, opinions, field notes, records of observations, suggestions, conclusions, drafts, memoranda, drawings, computer generated or electronically recorded information, maps, charts, graphs, surveys, or other communications associated with an environmental audit. ``(4) Federal agency.--The term `Federal agency' has the meaning provided the term `agency' under section 551 of title 5. ``(5) Government entity.--The term `government entity' means a unit of State or local government.''. (b) Technical Amendment.--The analysis for part VI of title 28, United States Code, is amended by adding at the end the following: ``179. Voluntary Self-Evaluation Protection................. 3801''. SEC. 3. APPLICABILITY. This Act and the amendment made by this Act shall apply to each Federal civil or criminal action or administrative proceeding that is commenced after the date of enactment of this Act.

Voluntary Environmental Audit Protection Act - Provides that an environmental audit report constituting part of an environmental audit shall not be subject to discovery and admitted into evidence in civil or criminal actions or administrative proceedings before a Federal court or agency or under Federal law. Makes such exclusion inapplicable to information: (1) required to be collected or reported to a regulatory agency pursuant to specified Federal environmental laws (covered laws); (2) obtained by observation, sampling, or monitoring by a regulatory agency; or (3) obtained from a source independent of the audit. Makes such exclusion inapplicable if: (1) the owner or operator of the facility that initiated the audit expressly waives the right of the person or government entity that prepared the report to exclude such material from the evidence or proceeding; (2) after an in camera hearing, the appropriate Federal court determines that the environmental audit report provides evidence of noncompliance with a covered environmental law and efforts to achieve compliance were not pursued with diligence; or (3) the person or government entity is asserting the exclusion for a fraudulent purpose. Places the burden of proof regarding the applicability of the exclusion on the person invoking its protection. States that a person or entity that performs an audit may not be required to give testimony in a Federal court or an administrative proceeding of a Federal agency without his or her consent. Sets forth conditions under which disclosures of information relating to a covered Federal law to an appropriate Federal or State agency are considered voluntary. Considers such disclosures involuntary if the person or government entity making the disclosure has committed repeated violations of Federal or State laws relating to environmental quality due to separate events giving rise to the violations during the three-year period prior to disclosure. Presumes disclosures to be voluntary if the person or entity provides information supporting a claim that the information is a voluntary disclosure and makes such persons or entities immune from administrative, civil, or criminal penalties for violations unless such presumption is rebutted. Places the burden of rebuttal on Federal agencies.

Voluntary Environmental Audit Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Startup Capital Modernization Act of 2014''. SEC. 2. INCREASE IN SMALL ISSUES EXEMPTIVE AUTHORITY. Section 3(b)(1) of the Securities Act of 1933 (15 U.S.C. 77c(b)(1)) is amended by striking ``$5,000,000'' and inserting ``$10,000,000''. SEC. 3. PREEMPTION OF STATE LAWS. (a) In General.--The first subparagraph (D) of section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) (relating to a rule or regulation adopted pursuant to section 3(b)(2)) is amended by inserting ``section 3(b)(1) or'' before ``section 3(b)(2)''. (b) Clarification of the Preservation of State Enforcement Authority.-- (1) In general.--The amendment made by subsection (a) relates solely to State registration, documentation, and offering requirements, as described under section 18(a) of the Securities Act of 1933 (15 U.S.C. 77r(a)), and shall have no impact or limitation on other State authority to take enforcement action with regard to an issuer, intermediary, or any other person or entity using the exemption from registration provided by section 3(b)(1) of such Act. (2) Clarification of state jurisdiction over unlawful conduct of intermediaries, issuers, and custodians.--Section 18(c)(1) of the Securities Act of 1933 is amended-- (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) with respect to a transaction described under section 3(b), unlawful conduct by an issuer or custodian.''. SEC. 4. EXCLUSION FROM SHAREHOLDER CAP. (a) In General.--Section 12(g) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(g)) is amended by adding at the end the following: ``(7) Exclusion for securities issued under regulation a pursuant to section 3(b) of the securities act of 1933.--All securities issued under Regulation A (17 C.F.R. 230.251 et seq.) pursuant to section 3(b) of the Securities Act of 1933 shall be exempt from the provisions of this subsection if the issuer has filed audited financial statements with the Commission and the issuer is in compliance with all periodic disclosures required by the Commission pursuant to section 3(b)(4) of the Securities Act of 1933.''. (b) Rulemaking.--The Securities and Exchange Commission shall issue a rule to carry out section 12(g)(7) of the Securities Exchange Act of 1934 (15 U.S.C. 78c), as added by this section, not later than 180 days after the date of enactment of this section. (c) Rule of Applicability.--The exclusion provided under section 12(g)(7) of the Securities Exchange Act of 1934 (15 U.S.C. 78c), as added by this section, shall apply to securities issued before, on, or after the date of the enactment of this Act. SEC. 5. EXEMPTED TRANSACTIONS. (a) Exempted Transactions.--Section 4 of the Securities Act of 1933 (15 U.S.C. 77d) is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(7) transactions meeting the requirements of subsection (d).''; (2) by redesignating the second subsection (b) (relating to securities offered and sold in compliance with Rule 506 of Regulation D) as subsection (c); and (3) by adding at the end the following: ``(d)(1) The transactions referred to in subsection (a)(7) are transactions where-- ``(A) each purchaser is an accredited investor, as that term is defined in section 230.501(a) of title 17, Code of Federal Regulations (or any successor thereto); and ``(B) if any securities sold in reliance on subsection (a)(7) are offered by means of any general solicitation or general advertising, the seller takes reasonable steps to verify, in the manner set forth in section 230.506(c)(ii) of title 17, Code of Federal Regulations (or any successor regulation), that each purchaser is an accredited investor. ``(2) Securities sold in reliance on subsection (a)(7) shall be deemed to have been acquired in a transaction not involving any public offering. ``(3) The exemption provided by this subsection shall not be available for a transaction where the seller is-- ``(A) an issuer, its subsidiaries or parent; ``(B) an underwriter acting on behalf of the issuer, its subsidiaries or parent, which receives compensation from the issuer with respect to such sale; or ``(C) a dealer. ``(4) A transaction meeting the requirements of this subsection shall be deemed not to be a distribution for purposes of section 2(a)(11).''. (b) Exemption in Connection With Certain Exempt Offerings.--Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended-- (1) by redesignating the second subparagraph (D) and subparagraph (E) as subparagraphs (E) and (F), respectively; (2) in subparagraph (E), as so redesignated, by striking ``; or'' and inserting a semicolon; (3) in subparagraph (F), as so redesignated, by striking the period and inserting ``; or''; and (4) by adding at the end the following new subparagraph: ``(G) section 4(a)(7).''.

Startup Capital Modernization Act of 2014 - Amends the Securities Act of 1933 (Act) to increase from $5 million to $10 million the maximum aggregate amount of securities exempt from its purview due to either the small amount involved, or the limited character of the public offering. Preempts state requirements governing securities registration, documentation, and offerings in connection with small issues related to small company capital formation. Declares that this Act shall have no impact on state enforcement authority over the unlawful conduct of issuers, intermediaries, or custodians who are exempt from federal registration requirements under the Act. Amends the Securities Exchange Act of 1934 to exempt certain small issues from its securities registration requirements if the issuer: (1) has filed audited financial statements with the Securities and Exchange Commission (SEC), and (2) is in compliance with all periodic disclosures required by the SEC. Exempts from prohibitions relating to interstate commerce and the mails any transaction where: (1) each purchaser is an accredited investor; and (2) if the securities are offered by means of any general solicitation or general advertising, the seller verifies that the purchaser is an accredited investor. Denies such an exemption to transactions where the seller is: (1) either an issuer, its subsidiaries or parent; (2) a dealer; or (3) an underwriter acting on behalf of the issuer, its subsidiaries, or parent, which receives compensation from the issuer with respect to such sale.

Startup Capital Modernization Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Jobs Act of 2010''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) One-third of minority youth are unemployed. (2) The labor force participation rate for persons without a high school diploma is 20 percentage points lower than the labor force participation rate for high school graduates. (3) Nationally, approximately 70 percent of all students graduate from high school, but African-American and Hispanic students have a 55 percent or less chance of graduating from high school. (4) High school dropouts from the class of 2004 will cost the Nation more than $325 billion in lost wages, taxes, and productivity over their lifetimes. (5) Only 52 percent of students in the 50 largest cities in the United States graduate from high school. That rate is below the national high school graduation rate of 70 percent, and also falls short of the 60 percent average for urban districts across the Nation. (6) Over his or her lifetime, a high school dropout earns, on average, about $260,000 less than a high school graduate, and about $1 million less than a college graduate. (7) Approximately 75 percent of State prison inmates and 59 percent of Federal prison inmates have not completed high school. Increasing the high school completion rate by 1 percent for all men ages 20 to 60 would save the United States $1.4 billion annually in reduced costs associated with crime. (8) According to a recent study, a 10 percent increase in the male high school graduation rate would reduce arrest rates for murder and assault by about 20 percent, motor vehicle theft by 13 percent, and arson by 8 percent. (9) The National Urban League is a historic civil rights organization dedicated to economic empowerment in order to elevate the standard of living in historically underserved urban communities. Founded in 1910 and headquartered in New York City, the National Urban League spearheads the efforts of its local affiliates through the development of programs, public policy research, and advocacy. (10) There are more than 100 local affiliates of the National Urban League located in 36 States and the District of Columbia, providing direct services that impact and improve the lives of more than 2 million people nationwide. Local National Urban League affiliates operate programs that focus on education, job training and placement, housing, business development, and many other important initiatives. (11) The National Urban League has a history of success in implementing national programs through its local affiliate network. From 2007 to 2010, 27 local National Urban League affiliates served at-risk young adults by providing job skills training, community service opportunities, and employment for over 3,500 young adults ages 18 to 24. (b) Purpose.--It is the purpose of this Act to provide adequate resources for the National Urban League (acting through local National Urban League affiliates) to reduce the disproportionate incarceration of minority youth and to prepare eligible young adults for entry into the world of work by providing a comprehensive set of services that includes job training, education, and support services. SEC. 3. URBAN JOBS PROGRAM. (a) In General.--Subtitle D of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2911 et seq.) is amended-- (1) by redesignating section 174 as section 175; (2) in section 173, by striking ``174'' each place it appears and inserting ``175''; and (3) by inserting after section 173A the following: ``SEC. 174. URBAN JOBS PROGRAM. ``(a) Program Authorized.-- ``(1) In general.--The Secretary of Labor may make grants to the National Urban League for the purpose of operating an Urban Jobs Program through local National Urban League affiliates. ``(2) Use of funds.--Funds from a grant made under paragraph (1) shall be used by the National Urban League to provide a comprehensive set of services and activities for eligible young adults, to be implemented by local National Urban League affiliates. Services and activities eligible for assistance include the following: ``(A) Case management services to help program participants effectively use the activities and services offered under the program. ``(B) Educational offerings, including skill assessment, reading and math remediation, educational enrichment, General Education Development credential preparation, and post-secondary education. ``(C) Employment and job readiness activities, including mentoring, placement in community service opportunities, internships, on-the-job training, occupational skills training, job placement in unsubsidized jobs, and personal development. ``(D) Support services, including health and nutrition referral, housing assistance, training in interpersonal and basic living skills, transportation, child care, clothing, and other assistance as needed. ``(3) Report.-- ``(A) In general.--Not later than May 1 of each fiscal year for which amounts are made available to carry out this section, the Secretary shall submit to Congress a report regarding-- ``(i) the progress made under this section by the National Urban League and local National Urban League affiliates in implementing the program; and ``(ii) the effectiveness of the program in improving General Educational Development credential attainment and job placement in unsubsidized jobs for program participants. ``(B) Inapplicability of section 172.--The program shall not be subject to evaluations required under section 172. ``(b) National Jobs Council Advisory Committee.-- ``(1) Establishment.--The Secretary shall establish a committee to be known as the National Jobs Council Advisory Committee. ``(2) Duties.--The committee shall advise the Secretary concerning-- ``(A) the design and operation of the program; ``(B) long-term strategic priorities for the program; and ``(C) the formulation and application of guidelines related to activities carried out under the program. ``(3) Membership.--The committee shall be comprised of 11 members, to be appointed by the Secretary as follows: ``(A) 3 individuals from the private sector who are senior human resources or diversity executives with national or regional responsibilities and experience in oversight that includes hiring, employee training, or employee relations. ``(B) 5 representatives of employers in high- impact, high-growth industries, as defined by the Secretary. ``(C) 1 National Urban League Workforce Development staff member. ``(D) 2 representatives from the Department of Labor. ``(c) Sense of Congress Regarding Local Advisory Committees.--It is the sense of Congress that a local National Urban League affiliate receiving funding under this section should establish a local jobs council advisory committee, the membership of which should include representatives from not fewer than 5 employers from high-growth industries in the locality, to aid in establishing support from the local community for and guiding the local implementation of the program. ``(d) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to carry out this section-- ``(A) $20,000,000 for fiscal year 2011; ``(B) $30,000,000 for fiscal year 2012; ``(C) $40,000,000 for fiscal year 2013; ``(D) $50,000,000 for fiscal year 2014; and ``(E) $60,000,000 for fiscal year 2015. ``(2) Limitation.--Not more than 2 percent of funds appropriated for any fiscal year under paragraph (1) may be used for expenses associated with carrying out the requirements of subsection (b). ``(e) Definitions.--In this section: ``(1) Eligible young adults.--The term `eligible young adults' means individuals ages 18 to 24 who-- ``(A) are not enrolled in secondary or post- secondary school; or ``(B) are or have been subject to any stage of the criminal justice process. ``(2) Program.--The term `program' means the Urban Jobs Program established under subsection (a). ``(3) Unsubsidized job.--The term `unsubsidized job' means employment for which the wages are provided by an employer that does not receive public funds for the creation and maintenance of the employment position.''. (b) Conforming Amendment.--The table of contents contained in section 1(b) of such Act is amended-- (1) by inserting a period at the end of the item relating to section 173A; and (2) by striking the item relating to section 174 and inserting the following: ``Sec. 174. Urban jobs program. ``Sec. 175. Authorization of appropriations.''.

Urban Jobs Act of 2010 - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to make grants to the National Urban League to operate, through local affiliates, an Urban Jobs Program to provide job training, education, and support services and activities for eligible young adults to prepare them for entry into the workforce. Defines "eligible young adults" as individuals ages 18 to 24 who: (1) are not enrolled in secondary or post-secondary school; or (2) are or have been subject to the criminal justice process. Directs the Secretary to establish a National Jobs Council Advisory Committee. Expresses the sense of Congress that National Urban League affiliates should establish local jobs council advisory committees to aid in establishing local community support for local implementation of the program.

To amend the Workforce Investment Act of 1998 to authorize the Secretary of Labor to provide grants to the National Urban League for an Urban Jobs Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Flood Insurance Act of 2015''. SEC. 2. APPEALS OF PROJECTED SPECIAL FLOOD HAZARD AREAS. (a) Burden of Proof.-- (1) Appeals to fema.--Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended by adding at the end the following new subsection: ``(h) Burden of Proof.--In any appeal to the Administrator, or any judicial review of a final administrative determination, regarding the designation of flood elevation determinations or the identification of special flood hazard areas, the Administrator shall have the burden of proving, by clear and convincing evidence, that the elevations proposed by the Administrator or the designation of an identified special flood hazard area, as the case may be, is scientifically and technically correct.''. (2) Determinations by scientific resolution panel.-- Subsection (c) of section 1363A of the National Flood Insurance Act of 1968 (42 U.S.C. 4104-1(c)) is amended-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following new paragraph: ``(3) Burden of proof.--The Scientific Resolution Panel may not resolve a dispute submitted under this section in favor of the Administrator unless the Panel determines, by clear and convincing evidence, that the data and determinations of the Administrator involved in the dispute are scientifically and technically correct.''. (b) Deadline for Appeals.-- (1) In general.--Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended-- (A) in subsection (b), by striking ``ninety-day'' and inserting ``6-month''; and (B) in subsections (c) and (d), by striking ``ninety days'' each place such term appears and inserting ``6 months''. (2) Applicability.--The amendment made by paragraph (1) shall apply with respect to second newspaper publications of notifications of the Administrator of the Federal Emergency Management Agency referred to in section 1363(b) of the National Flood Insurance Act of 1968 that occur after the date of the enactment of this Act. (c) Reimbursement for Costs of Appeal.-- (1) Applicability; implementation.--Subsection (f) of section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104(f)) is amended-- (A) by striking the first sentence and inserting the following: ``When, incident to any appeal that is successful, in whole or part, regarding the designation of any aspect of a flood map, including elevation or designation of a special flood hazard area, the community, owner, or lessee of real property, as the case may be, incurs expense in connection with the appeal, including for legal services and services provided by surveyors, engineers, and scientific experts, the Administrator shall reimburse such individual or community for reasonable expenses to an extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal. Any successful appeal shall be entitled to such reimbursement and reimbursement shall not be contingent upon filing within the 6-month periods referred to in subsections (c) and (d).'' ; and (B) by striking the last sentence and inserting the following: ``The Administrator shall issue guidance to implement this subsection, which shall not be subject to the notice and comment requirements under section 553 of title 5, United States Code.''. (2) Deadline.--The Administrator of the Federal Emergency Management Agency shall issue the guidance referred to in the last sentence of section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104(f)), as amended by paragraph (1)(B) of this subsection, not later than the expiration of the 6- month period beginning on the date of the enactment of this Act. SEC. 3. REVISIONS OF EXISTING FLOOD INSURANCE MAPS; APPEALS. (a) Updating of Maps.--Subsection (f) of section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)) is amended to read as follows: ``(f) Updating of Flood Maps.-- ``(1) Upon necessity or request.--The Administrator shall revise and update any floodplain areas and flood-risk zones-- ``(A) upon the determination of the Administrator, according to the assessment under subsection (e) of this section, that revision and updating are necessary for the areas and zones; ``(B) upon the request from any State or local government stating that specific floodplain areas or flood-risk zones in the State or locality need revision or updating, if sufficient technical data justifying the request is submitted; or ``(C) upon the request from any owner or lessee of real property located in a floodplain area or flood- risk zone if sufficient technical data justifying the request is submitted. ``(2) Request by state or local government.--When the Administrator revises and updates any floodplain area or flood- risk zone pursuant to a request from any State or local government, the Administrator shall provide to that State or local government a Letter of Map Revision, Letter of Map Revision Based on Fill, or physical map revision, as appropriate, that includes a description of any revisions or modifications to such floodplain area or flood-risk zone. ``(3) Request by owner or lessee.--When the Administrator revises and updates any floodplain area or flood-risk zone pursuant to a request from any owner or lessee of real property, the Administrator shall provide to that owner of lessee a Letter of Map Amendment, Letter of Map Amendment Based on Fill, Letter of Map Revision, or Letter of Map Revision Based on Fill, as appropriate, that includes a description of any revisions or modifications to such floodplain area or flood-risk zone. ``(4) Revision of flood maps.--Any updates of flood maps, notifications of flood map changes, and compendia of flood map changes required by this section shall reflect any changes made pursuant to paragraphs (2) and (3) occurring since the most recent such update, notification, or compendia, respectively.''. SEC. 4. APPEALS REGARDING EXISTING FLOOD MAPS. (a) In General.--Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following new subsection: ``(k) Appeals of Existing Maps.-- ``(1) Right to appeal.--A State or local government, or the owner or lessee of real property, who has made a formal request to the Administrator to update a flood map that the Administrator has denied may at any time appeal such a denial as provided in this subsection. ``(2) Basis for appeal.--The basis for appeal under this subsection shall be the possession of knowledge or information that-- ``(A) the base flood elevation level or designation of any aspect of a flood map is scientifically or technically inaccurate; or ``(B) factors exist that mitigate the risk of flooding, including ditches, banks, walls, vegetation, levees, lakes, dams, reservoirs, basin, retention ponds, and other natural or manmade topographical features. ``(3) Appeals process.-- ``(A) Administrative adjudication.--An appeal under this subsection shall be determined by a final adjudication on the record, and after opportunity for an administrative hearing. ``(B) Rights upon adverse decision.--If an appeal pursuant to subparagraph (A) does not result in a decision in favor of the State, local government, owner, or lessee, such party may appeal the adverse decision to-- ``(i) the Scientific Resolution Panel provided for in section 1363A, which shall recommend a non-binding decision to the Administrator; or ``(ii) the Federal district court of appropriate jurisdiction. An appeal by a State or local government, or the owner or lessee of real property, pursuant to clause (i) shall not preclude such party from further appealing pursuant to clause (ii). ``(C) Burden of proof.--In any appeal under this subsection, the Administrator shall bear the burden of proving, by clear and convincing evidence, that the elevations proposed by the Administrator or the designation of any aspect of the special flood hazard area, as the case may be, is scientifically and technically correct. ``(4) Relief.-- ``(A) Wholly successful appeals.--In the case of a successful appeal resulting in a policyholder's property being removed from a special flood hazard area, such policyholder may cancel the policy at any time within the current policy year, and the Administrator shall provide such policyholder a refund in the amount of any premiums paid for such policy year, plus any premiums paid for flood insurance coverage that the policyholder was required to purchase or maintain during the 2-year period preceding such policy year. ``(B) Partially successful appeals.--In the case of any appeal in which mitigating factors were determined to have reduced, but not eliminated, the risk of flooding, the Administrator shall reduce the amount of flood insurance coverage required to be maintained for the property concerned by the ratio of the successful portion of the appeal as compared to the entire appeal. The Administrator shall refund to the policyholder any payments made in excess of the amount necessary for such new coverage amount, effective from the time when the mitigating factor was created or the beginning of the second policy year preceding the determination of the appeal, whichever occurred later. ``(C) Additional relief.--The Administrator may provide additional refunds in excess of the amounts specified in subparagraphs (A) and (B) if the Administrator determines that such additional amounts are warranted. ``(5) Recovery of costs.-- When, incident to any appeal which is successful in whole or part regarding the designation of the base flood elevation or any aspect of the flood map, including elevation or designation of a special flood hazard area, the community, or the owner or lessee of real property, as the case may be, incurs expense in connection with the appeal, including legal services and services provided by surveyors, engineers, and scientific experts, the Administrator shall reimburse such individual or community for reasonable expenses to an extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal. The Administrator may use such amounts from the National Flood Insurance Fund established under section 1310 as may be necessary to carry out this paragraph. ``(6) Guidance.--The Administrator shall issue guidance to implement this subsection, which shall not be subject to the notice and comment requirements under section 553 of title 5, United States Code.''. (b) Deadline.--The Administrator of the Federal Emergency Management Agency shall issue the guidance referred to section 1361(k)(6) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(k)(6)), as added by the amendment made by subsection (a) of this section, not later than the expiration of the 6-month period beginning on the date of the enactment of this Act. SEC. 5. CONSIDERATION OF FLOOD MITIGATION FACTORS IN ESTABLISHING FLOOD HAZARD AREAS. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: ``(l) Consideration of Flood Mitigation Factors.--In identifying, designating, and establishing any areas having special flood hazards, including in reviewing, revising, or updating of such areas, the Administrator and the Technical Mapping Advisory Council established under section 100215 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101a) shall take into consideration any factors that mitigate against flood risk, including ditches, banks, walls, vegetation, levees, lakes, dams, reservoirs, basin, and retention ponds, and the extent to which such factors mitigate against flood risk.''. SEC. 6. CONSIDERATION OF COASTAL AND INLAND LOCATIONS IN PREMIUM RATES. (a) Estimates of Premium Rates.--Clause (i) of section 1307(a)(1)(A) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)(A)(i)) is amended by inserting ``, taking into consideration differences between properties located in coastal areas and properties located inland,'' after ``the risk involved''. (b) Establishment of Chargeable Premium Rates.--Paragraph (1) of section 1308(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(b)(1)) is amended by inserting ``due to differences between properties located in coastal areas and properties located inland and'' after ``differences in risks''. (c) Rate Tables.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency shall revise and expand the rate tables for premiums under the National Flood Insurance Program to implement the amendments made by this section and reflect differences between properties located in coastal areas and properties located inland. SEC. 7. STREAMLINING OF FLOOD MAP PROCESSES. The Administrator of the Federal Emergency Management Agency shall consult with the Technical Mapping Advisory Council established under section 100215 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101a) regarding methods of or actions to-- (1) make the flood map processes of the Council more efficient; (2) minimize any cost, data, and paperwork requirements of the Council; and (3) assist communities, and in particular smaller communities, in locating the resources required to successfully appeal flood elevations and flood hazard area designations. Not later than the expiration of the 1-year period beginning on the date of the enactment of this Act, the Administrator shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate setting forth any recommendations for methods or actions developed pursuant to the consultation required under this section. SEC. 8. SUFFICIENT STAFFING FOR OFFICE OF FLOOD INSURANCE ADVOCATE. (a) In General.--Section 24 of the Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C. 4033) is amended by adding at the end the following new subsection: ``(c) Staff.--The Administrator shall ensure that the Flood Insurance Advocate has sufficient staff to carry out all of the duties and responsibilities of the Advocate under this section, which shall include providing direction as necessary, including by direct conversations with insurance agents.''. (b) Timing.--The Administrator of the Federal Emergency Management Agency shall take such actions as may be necessary to provide for full compliance with section 24(c) of the Homeowner Flood Insurance Affordability Act of 2014, as added by the amendment made by subsection (a) of this section, not later than the expiration of the 180-day period beginning on the date of the enactment of this Act. SEC. 9. GAO STUDY ON ADEQUACY OF FLOOD MAPS. The Comptroller General of the United States shall conduct a study to determine the scientific and technical adequacy of the flood maps proposed and established pursuant to chapter III of the National Flood Insurance Act of 1968 (42 U.S.C. 4101 et seq.) by the Administrator of the Federal Emergency Management Agency. Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report setting forth the results and conclusions of the study conducted pursuant to this section. SEC. 10. GAO STUDY OF EFFECTS OF CHANGING BASE FLOOD. The Comptroller General of the United States shall conduct a study regarding the effects on the National Flood Insurance Program and otherwise of changing the standard for designation of areas as special flood hazard areas from having a 1 percent or greater chance of experiencing flooding in any given year to having a 10 percent or greater chance of experiencing flooding in any given year. Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Comptroller General shall submit to the Congress a report setting forth the findings and conclusions of the study conducted pursuant to this section.

Fairness in Flood Insurance Act of 2015 This bill amends the National Flood Insurance Act of 1968 to declare that, in any appeal to the Federal Emergency Management Agency (FEMA), or any judicial review of a final administrative determination, regarding the designation of flood elevation determinations or the identification of special flood hazard areas, FEMA shall have the burden of proving, by clear and convincing evidence, that the elevations proposed or the designation of an identified special flood hazard area is scientifically and technically correct. FEMA shall: reimburse the reasonable legal and related expenses of any individual or community that succeeds on such an appeal; and revise and update any floodplain areas and flood-risk zones upon the request from any owner or lessee of real property located in a floodplain area or flood-risk zone (currently, only upon the request of FEMA or of a state or local government), if sufficient technical data justifying the request is submitted. A state or local government, or the owner or lessee of real property, who has formally requested FEMA to update a flood map that FEMA has denied may at any time appeal the denial according to a specified procedure. The basis for appeal shall be possession of knowledge or information that: the base flood elevation level or designation of any aspect of a flood map is scientifically or technically inaccurate; or specified factors exist, including natural or manmade topographical features, that mitigate the risk of flooding. These flood mitigation factors shall also be considered in the establishment and updating of areas with special flood hazards. When estimating risk premium rates for flood insurance, and prescribing chargeable premium rates, FEMA shall take into consideration the differences between properties located in coastal areas and properties located inland. FEMA shall consult with the Technical Mapping Advisory Council about methods of making or actions to make the Council's flood map processes more efficient and achieve other specified goals. The Homeowner Flood Insurance Affordability Act of 2014 is amended to require FEMA to ensure that the Flood Insurance Advocate has sufficient staff to carry out all of the Advocate's duties and responsibilities, which shall include providing direction as necessary, including by direct conversations with insurance agents. The Government Accountability Office shall study: the scientific and technical adequacy of the flood maps FEMA proposes and establishes, and the effects on the National Flood Insurance Program and otherwise of changing the standard for designating special flood hazard areas from having a 1% or greater to having a 10% or greater chance of experiencing flooding in any given year.

Fairness in Flood Insurance Act of 2015

SECTION 1. SHORT TITLE. This section may be cited as the ``American's Math and Science Excellence Act''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965. (3) Institution of higher education.--The term ``institution of higher education'' has the same meaning given it in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1201(a)). (4) Charter school.--The term ``charter school'' has the same meaning given it in section 10310(g) of the Higher Education Act of 1965 (20 U.S.C. 8060(g)). (5) Internship.--The term ``internship'' means a program of personal service by an individual, other than an employee, for a specified period of time under which the service is primarily for the educational experience of the individual. SEC. 3. INFORMATION TECHNOLOGY TEACHER TRAINING GRANTS. (a) Grants Authorized.--The Director, in consultation with the Secretary of Education, is authorized to award grants, on a competitive basis, to support professional development in the use of information technology as it pertains to enhanced student learning for teachers who teach in elementary schools, secondary schools, or charter schools. (b) Duration.--Grants awarded under this section-- (1) to individuals shall be awarded for a period of not more than 1 year; and (2) to educational institutions shall be awarded for a period of not more than 3 years. (c) Applications.-- (1) In general.--To receive a grant under this section, an individual, secondary school, or other educational institution shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (2) Requirements.--In awarding grants under this section, the Director shall not require applications for the grants to be submitted by computer or Internet-based routes, although such applications may be submitted by such routes. (3) Uses of funds.--Grant funds awarded under this section may be used for-- (A) substitute teacher pay or teacher salary; (B) fees for attendance at workshops, seminars, conferences, classes, or training sessions; (C) developing a compensation system based on merit that supports teachers who become increasingly expert in subject areas underpinning information technology, and demonstrate high levels of teaching performance, resulting from the use of information technology tools, measured against professional teaching standards; or (D) other reasonable expenses related to professional development in information technology for elementary school, secondary school, or charter school teachers. (4) Recipients.--Grants under this subsection may be awarded to individual elementary school, secondary school, or charter school teachers, to elementary schools, secondary schools, or charter schools, or to organizations supporting professional development in information technology areas for elementary school, secondary school, or charter school teachers. (5) Factors.--Among the factors the Director shall consider in awarding grants under this subsection, are the following: (A) Whether the grant will benefit elementary schools, secondary schools, and charter schools that are at or below the 25th percentile for academic performance of schools in the respective State. (B) Whether matching funds are available for the private sector. (d) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation to carry out this section $25,000,000 for fiscal year 2001, $30,000,000 for fiscal year 2002, $35,000,000 for fiscal year 2003, and $35,000,000 for fiscal year 2004. SEC. 4. TWENTY-FIRST CENTURY WORKFORCE INTERNSHIP GRANTS. (a) Grants Authorized.--The Director, in consultation with the Secretary of Education, is authorized to award grants to secondary schools and institutions of higher education to establish student information technology internships. (b) Applications.-- (1) In general.--To receive a grant under this section, an individual, secondary school, or institution of higher education shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (2) Form.--In awarding grants under this section, the Director shall not require applications for the grants to be submitted by computer or Internet-based routes, although such applications may be submitted by such routes. (c) Uses of Funds.--Grants awarded under this section may be used for-- (1) internships designed to strengthen the science, mathematics, and engineering preparation of technicians for the high-performance workforce; and (2) internships to offer students hands-on opportunities in the private sector to apply their education to information technology, manufacturing, or information security. (d) Duration.--Grants awarded under this section shall be awarded for a period of not more than 3 years. (e) Other Requirements.--The Director shall ensure that-- (1) any internship assisted by a grant made under this section is conducted at a private sector entity; and (2) matching funds from the private sector are available in an amount equal to the amount of grant funds provided under this subsection. (e) Authorization of Appropriations.--There are authorized to the National Science Foundation to be appropriated to carry out this section $15,000,000 for fiscal year 2001, $20,000,000 for fiscal year 2002, $25,000,000 for fiscal year 2003, and $25,000,000 for fiscal year 2004. SEC. 5. INFORMATION TECHNOLOGY STATE SCHOLARSHIP PROGRAM. (a) In General.--The Director of the National Science Foundation, in consultation with the Secretary of Education, shall make grants to States to provide supplementary scholarships to students for study leading to a graduate degree in science, math, engineering, or a related field. The scholarships shall be awarded by the State higher education system, the State scholarship commission, or an equivalent State entity. (b) Eligibility.-- (1) In general.--A scholarship awarded under subsection (a) may be applied to any technology-related degree program offered at an accredited institution of higher learning, including a college, university, community college, or vocational-training institution. (2) Maximum amount.--A scholarship awarded under subsection (a) may not, when combined with other sources of financial assistance, exceed the cost of tuition and related expenses of the qualified degree program of the recipient. (c) Matching.--The Director may not make a grant to a State under subsection (a) unless the State provides not less than one-half of the cost of the program for which the grant is provided from State funds. (d) Distribution.--The Director may not make a grant to a State under subsection (a) unless the State provides assurances that at least two-thirds of the scholarships awarded using grant funds will be awarded to students who are members of families with a family income that is not more than 200 percent of the poverty line. (e) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation a total of $50,000,000 for grants under this section for fiscal years 2001 through 2004. SEC. 6. TWENTY-FIRST CENTURY TEACHER ENHANCEMENT PROGRAM. (a) In General.--Section 19A of the National Institute of Standards and Technology Act (15 U.S.C. 278g-2a) is amended to read as follows: ``SEC. 19A. TEACHER SCIENCE AND TECHNOLOGY ENHANCEMENT PROGRAM. ``(a) In General.--The Director shall establish within the Institute a Twenty-First Century Teacher Enhancement Program. ``(b) Purpose and Goals.--The purpose of the program established under this section is to provide for professional development of mathematics and science teachers for elementary, middle, and secondary schools. The goals of the program are to provide-- ``(1) math and science teaching strategies; ``(2) self-confidence in math and science; and ``(3) the understanding of math and science and their impact on commerce and the economy. ``(c) Focus.--In carrying out the program under this section, the Director shall focus on the areas of-- ``(1) scientific measurements; ``(2) tests and standards development; ``(3) industrial competitiveness and quality; ``(4) manufacturing; ``(5) technology transfer; and ``(6) any other area of expertise of the Institute that the Director determines to be appropriate. ``(d) Selection Procedures and Criteria.--The Director shall develop and issue procedures and selection criteria for participants in the program. Each such participant shall be a teacher described in subsection (b). ``(e) Summer Program.--The program established under this section shall be conducted on an annual basis during the summer months, during the period of time when a majority of elementary, middle, and secondary schools have not commenced a school year. ``(f) Strategies.--The program shall provide for teachers' participation in activities at the Institute laboratory facilities or shall utilize other means of accomplishing the goals of the program, which may include use of the Internet, video conferencing and recording, workshops, and conferences.''. ``(b) Availability of Funds.--The following amounts of funds appropriated to the National Institute of Standards and Technology shall be used to carry out the Twenty-First Century Teacher Enhancement Program under section 19A of the National Institute of Standards and Technology Act added by subsection (a) of this section: (1) $5,000,000 for fiscal year 2001. (2) $5,500,000 for fiscal year 2002. (3) $6,000,000 for fiscal year 2003. (4) $6,500,000 for fiscal year 2004.

(Sec. 4) Authorizes the NSF Director to award grants to secondary schools and institutions of higher education to establish student information technology internships. Limits the duration of such grants to three years. Requires the Director to ensure that: (1) any internship assisted by such a grant is conducted at a private sector entity; and (2) matching funds from the private sector are available in an amount equal to that of such grant funds. Authorizes appropriations. (Sec. 5) Requires the NSF Director to make grants to States to provide supplementary scholarships to students for study leading to a graduate degree in science, math, engineering, or a related field. Requires such scholarships to be awarded by the State higher education system, the State scholarship commission, or an equivalent State entity. Requires States to provide: (1) at least one-half of the scholarship program cost; and (2) assurances that at least two-thirds of the scholarships will be awarded to students who are members of families with a family income that is not more than 200 percent of the poverty line. Authorizes appropriations. (Sec. 6) Amends the National Institute of Standards and Technology Act to require the Director of the National Institute of Standards and Technology (NIST) to establish a Twenty-First Century Teacher Enhancement Program within NIST to provide for professional development of mathematics and science teachers for elementary, middle, and secondary schools. Requires such program to: (1) provide math and science teaching strategies, self-confidence in math and science, and understanding of math and science and their impact on commerce and the economy; (2) focus on specified and other appropriate areas of NIST expertise; (3) be conducted annually during the summer months; and (4) provide for teachers' participation in activities at NIST laboratory facilities or use other means of accomplishing program goals. Authorizes appropriations.

America's Math and Science Excellence Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Blue Ridge National Heritage Area Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Blue Ridge Mountains and the extensive cultural and natural resources of the Blue Ridge Mountains have played a significant role in the history of the United States and the State of North Carolina; (2) archaeological evidence indicates that the Blue Ridge Mountains have been inhabited by humans since the last retreat of the glaciers, with the Native Americans living in the area at the time of European discovery being primarily of Cherokee descent; (3) the Blue Ridge Mountains of western North Carolina, including the Great Smoky Mountains, played a unique and significant role in the establishment and development of the culture of the United States through several distinct legacies, including-- (A) the craft heritage that-- (i) was first influenced by the Cherokee Indians; (ii) was the origin of-- (I) the traditional craft movement starting in 1900; and (II) the contemporary craft movement starting in the 1940's; and (iii) is carried out by over 4,000 craftspeople in the Blue Ridge Mountains of western North Carolina, the third largest concentration of such people in the United States; (B) a musical heritage comprised of distinctive instrumental and vocal traditions that-- (i) includes stringband music, bluegrass, ballad singing, blues, and sacred music; (ii) has received national recognition; and (iii) has made the region 1 of the richest repositories of traditional music and folklife in the United States; (C) the Cherokee heritage-- (i) dating back thousands of years; and (ii) offering-- (I) nationally significant cultural traditions practiced by the Eastern Band of Cherokee Indians; (II) authentic tradition bearers; (III) historic sites; and (IV) historically important collections of Cherokee artifacts; and (D) the agricultural heritage established by the Cherokee Indians, including medicinal and ceremonial food crops, combined with the historic European patterns of raising livestock, culminating in the largest number of specialty crop farms in North Carolina; (4) the artifacts and structures associated with those legacies are unusually well-preserved; (5) the Blue Ridge Mountains are recognized as having 1 of the richest collections of historical resources in North America; (6) the history and cultural heritage of the Blue Ridge Mountains are shared with the States of Virginia, Tennessee, and Georgia; (7) there are significant cultural, economic, and educational benefits in celebrating and promoting this mutual heritage; (8) according to the 2002 reports entitled ``The Blue Ridge Heritage and Cultural Partnership'' and ``Western North Carolina National Heritage Area Feasibility Study and Plan'', the Blue Ridge Mountains contain numerous resources that are of outstanding importance to the history of the United States; and (9) it is in the interest of the United States to preserve and interpret the cultural and historical resources of the Blue Ridge Mountains for the education and benefit of present and future generations. (b) Purpose.--The purpose of this Act is to foster a close working relationship with, and to assist, all levels of government, the private sector, and local communities in the State in managing, preserving, protecting, and interpreting the cultural, historical, and natural resources of the Heritage Area while continuing to develop economic opportunities. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Blue Ridge National Heritage Area established by section 4(a). (2) Management entity.--The term ``management entity'' means the management entity for the Heritage Area designated by section 4(c). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area approved under section 5. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of North Carolina. SEC. 4. BLUE RIDGE NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Blue Ridge National Heritage Area in the State. (b) Boundaries.--The Heritage Area shall consist of the counties of Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey in the State. (c) Management Entity.-- (1) In general.--As a condition of the receipt of funds made available under section 9(a), the Blue Ridge National Heritage Area Partnership shall be the management entity for the Heritage Area. (2) Board of directors.--The management entity shall be governed by a board of directors composed of 9 members, of whom-- (A) 2 members shall be appointed by AdvantageWest; (B) 2 members shall be appointed by HandMade In America, Inc.; (C) 1 member shall be appointed by the Education and Research Consortium of Western North Carolina; (D) 1 member shall be appointed by the Eastern Band of the Cherokee Indians; and (E) 3 members shall-- (i) be appointed by the Governor of the State; (ii) reside in geographically diverse regions of the Heritage Area; (iii) be a representative of State or local governments or the private sector; and (iv) have knowledge of tourism, economic and community development, regional planning, historic preservation, cultural or natural resources development, regional planning, conservation, recreational services, education, or museum services. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a management plan for the Heritage Area. (b) Consideration of Other Plans and Actions.--In developing the management plan, the management entity shall-- (1) for the purpose of presenting a unified preservation and interpretation plan, take into consideration Federal, State, and local plans; and (2) provide for the participation of residents, public agencies, and private organizations in the Heritage Area. (c) Contents.--The management plan shall-- (1) present comprehensive recommendations and strategies for the conservation, funding, management, and development of the Heritage Area; (2) identify existing and potential sources of Federal and non-Federal funding for the conservation, management, and development of the Heritage Area; and (3) include-- (A) an inventory of the cultural, historical, natural, and recreational resources of the Heritage Area, including a list of property that-- (i) relates to the purposes of the Heritage Area; and (ii) should be conserved, restored, managed, developed, or maintained because of the significance of the property; (B) a program of strategies and actions for the implementation of the management plan that identifies the roles of agencies and organizations that are involved in the implementation of the management plan; (C) an interpretive and educational plan for the Heritage Area; (D) a recommendation of policies for resource management and protection that develop intergovernmental cooperative agreements to manage and protect the cultural, historical, natural, and recreational resources of the Heritage Area; and (E) an analysis of ways in which Federal, State, and local programs may best be coordinated to promote the purposes of this Act. (d) Effect of Failure To Submit.--If a management plan is not submitted to the Secretary by the date described in subsection (a), the Secretary shall not provide any additional funding under this Act until a management plan is submitted to the Secretary. (e) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 90 days after receiving the management plan submitted under subsection (a), the Secretary shall approve or disapprove the management plan. (2) Criteria.--In determining whether to approve the management plan, the Secretary shall consider whether the management plan-- (A) has strong local support from landowners, business interests, nonprofit organizations, and governments in the Heritage Area; and (B) has a high potential for effective partnership mechanisms. (3) Action following disapproval.--If the Secretary disapproves a management plan under subsection (e)(1), the Secretary shall-- (A) advise the management entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) allow the management entity to submit to the Secretary revisions to the management plan. (4) Deadline for approval of revision.--Not later than 60 days after the date on which a revision is submitted under paragraph (3)(C), the Secretary shall approve or disapprove the proposed revision. (f) Amendment of Approved Management Plan.-- (1) In general.--After approval by the Secretary of a management plan, the management entity shall periodically-- (A) review the management plan; and (B) submit to the Secretary, for review and approval, the recommendation of the management entity for any amendments to the management plan. (2) Use of funds.--No funds made available under section 9(a) shall be used to implement any amendment proposed by the management entity under paragraph (1)(B) until the Secretary approves the amendment. SEC. 6. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY. (a) Authorities.--For the purposes of developing and implementing the management plan, the management entity may use funds made available under section 9(a) to-- (1) make loans and grants to, and enter into cooperative agreements with, the State (including a political subdivision), nonprofit organizations, or persons; (2) hire and compensate staff; and (3) enter into contracts for goods and services. (b) Duties.--In addition to developing the management plan, the management entity shall-- (1) develop and implement the management plan while considering the interests of diverse units of government, businesses, private property owners, and nonprofit groups in the Heritage Area; (2) conduct public meetings in the Heritage Area at least semiannually on the development and implementation of the management plan; (3) give priority to the implementation of actions, goals, and strategies in the management plan, including providing assistance to units of government, nonprofit organizations, and persons in-- (A) carrying out the programs that protect resources in the Heritage Area; (B) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (C) establishing and maintaining interpretive exhibits in the Heritage Area; (D) developing recreational and educational opportunities in the Heritage Area; and (E) increasing public awareness of and appreciation for the cultural, historical, and natural resources of the Heritage Area; and (4) for any fiscal year for which Federal funds are received under section 9(a)-- (A) submit to the Secretary a report that describes, for the fiscal year-- (i) the accomplishments of the management entity; (ii) the expenses and income of the management entity; and (iii) each entity to which a grant was made; (B) make available for audit by Congress, the Secretary, and appropriate units of government, all records relating to the expenditure of funds and any matching funds; and (C) require, for all agreements authorizing expenditure of Federal funds by any entity, that the receiving entity make available for audit all records relating to the expenditure of funds. (c) Prohibition on the Acquisition of Real Property.--The management entity shall not use Federal funds received under section 9(a) to acquire real property or an interest in real property. SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE. (a) In General.--The Secretary may provide to the management entity technical assistance and, subject to the availability of appropriations, financial assistance, for use in developing and implementing the management plan. (b) Priority for Assistance.--In providing assistance under subsection (a), the Secretary shall give priority to actions that facilitate-- (1) the preservation of the significant cultural, historical, natural, and recreational resources of the Heritage Area; and (2) the provision of educational, interpretive, and recreational opportunities that are consistent with the resources of the Heritage Area. SEC. 8. LAND USE REGULATION. (a) In General.--Nothing in this Act-- (1) grants any power of zoning or land use to the management entity; or (2) modifies, enlarges, or diminishes any authority of the Federal Government or any State or local government to regulate any use of land under any law (including regulations). (b) Private Property.--Nothing in this Act-- (1) abridges the rights of any person with respect to private property; (2) affects the authority of the State or local government with respect to private property; or (3) imposes any additional burden on any property owner. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 shall be made available for any fiscal year. (b) Non-Federal Share.--The non-Federal share of the cost of any activities carried out using Federal funds made available under subsection (a) shall be not less than 50 percent. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Blue Ridge National Heritage Area Act of 2003 - Establishes the Blue Ridge National Heritage Area in North Carolina and designates the Blue Ridge National Heritage Area Partnership as its management entity.Directs the Partnership to submit for approval by the Secretary of the Interior a management plan, which shall contain recommendations and strategies for the conservation, funding, management, and development of the Area.Prohibits the Partnership from using Federal funds to acquire real property.Authorizes the Secretary to provide technical assistance and financial assistance to the Partnership for developing and implementing the management plan.

To establish the Blue Ridge National Heritage Area in the State of North Carolina, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National September 11 Memorial and Museum Act of 2011''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) on September 11, 2001, the United States was attacked and our world was changed forever when terrorists murdered nearly 3,000 innocent people at the World Trade Center, at the Pentagon, and in a field in Shanksville, Pennsylvania, in the largest terrorist attack ever committed in the United States; (2) millions of people from every State and every country have visited Ground Zero to pay their respects; (3) established in 2003, the National September 11 Memorial and Museum at the World Trade Center Foundation, Inc., a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986, has been dedicated to raising funds for and overseeing the design, construction, and operation of the Memorial and Museum at the World Trade Center site; (4) the Memorial will ensure that future generations never forget the thousands of people who were killed by the terrorist attack on September 11th, 2001, in New York, Pennsylvania, and Virginia, as well as those who died in the terrorist bombing at the World Trade Center on February 26, 1993; (5) the Memorial-- (A) will further recognize the thousands who survived the terrorist attacks and all who demonstrated extraordinary compassion in the aftermath; (B) will ensure, through educational programs, that the history of September 11, 2011, and the implications of that day, continue to be told, especially to the youth of the United States; and (C) will be a resource to the more than 600 September 11 Memorials being established throughout the United States; (6) the Memorial is scheduled to open on the 10th anniversary of the terrorist attacks, while the Museum is scheduled to open in 2012; (7) it is projected that the Memorial will be one of the most visited venues in the United States, with millions of visitors each year, reflecting the enormous impact the terrorist attacks had on the United States and the world; (8) throughout the history of the United States, Congress has stepped forward to authorize operating funds, in public and private partnership with private donors, for memorials and museums of national significance; (9) the Memorial is a true public and private partnership, recognized as a public charity under the Internal Revenue Code of 1986; and (10) of the funds raised for the Memorial and Museum-- (A) nearly 60 percent have come from over 300,000 private donations; and (B) 40 percent have come from public sources. (b) Purpose.--The purpose of this Act is to promote the purposes of the Memorial, including-- (1) remembering and honoring the thousands of innocent men, women, and children murdered by terrorists in the horrific attacks of February 26, 1993, and September 11, 2001; (2) respecting the site made sacred through tragic loss; (3) recognizing-- (A) the endurance of the individuals who survived the terrorist attacks; (B) the courage of the individuals who risked their lives to save others; and (C) the compassion of the individuals who supported the people of the United States in our darkest hours; (4) ensuring, through educational programs, that the history of September 11, 2001, and the implications of that day continue to be told, especially to the youth of the United States; and (5) ensuring that the Memorial will be a resource to the more than 600 September 11 Memorials being established throughout the United States. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Directors of the National September 11 Memorial and Museum at the World Trade Center Foundation, Inc. (2) Memorial.--The term ``Memorial'' means The National September 11 Memorial and Museum at the World Trade Center in New York City, New York. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. DONATION OF MEMORIAL. (a) In General.--The Secretary may accept from the Board the donation of title to the Memorial, subject to-- (1) any terms and conditions that the Secretary and the Board may mutually agree to; (2) the approval of the donation by the Governor of the State of New York, the Governor of the State of New Jersey, and the Mayor of the City of New York; and (3) the requirement that title to the Memorial be in a form satisfactory to the Secretary. (b) Technical and Financial Assistance.-- (1) In general.--The Secretary may provide technical and financial assistance to the Board relating to the operation of the Memorial. (2) Consultation.--The Secretary may consult with, and seek technical assistance from, the Secretary of Defense, Secretary of Education, Secretary of Homeland Security, Secretary of Housing and Urban Development, and Administrator of General Services in providing assistance to the Board under paragraph (1). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act not more than $20,000,000 for fiscal year 2013 and each fiscal year thereafter, subject to the requirement that any funds appropriated to carry out this Act shall be matched with funds from non-Federal sources.

National September 11 Memorial and Museum Act of 2011- Authorizes the Secretary of the Interior to accept from the Board of Directors of the National September 11 Memorial and Museum at the World Trade Center Foundation, Inc., the donation of title to the National September 11 Memorial and Museum at the World Trade Center in New York City, New York. Requires approval of the donation by the governor of New York, the governor of New Jersey, and the mayor of New York City. Authorizes the Secretary to: (1) provide technical and financial assistance to the Board that is related to the operation of the Memorial; and (2) consult with and seek technical assistance from the Secretaries of Defense (DOD), Education, Homeland Security (DHS), Housing and Urban Development (HUD), and the Administrator of General Services (GSA) in providing such technical and financial assistance to the Board.

To authorize the Secretary of the Interior to accept from the Board of Directors of the National September 11 Memorial and Museum at the World Trade Center Foundation, Inc., the donation of title to The National September 11 Memorial and Museum at the World Trade Center, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Refinancing and Recalculation Act''. SEC. 2. REFINANCING PROGRAMS. (a) Program Authority.--Section 451(a) of the Higher Education Act of 1965 (20 U.S.C. 1087a(a)) is amended-- (1) by striking ``and (2)'' and inserting ``(2)''; and (2) by inserting ``; and (3) to make loans under section 460A'' after ``section 459A''. (b) Refinancing Program.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following: ``SEC. 460A. REFINANCING FFEL AND FEDERAL DIRECT LOANS. ``(a) In General.--Beginning not later than 180 days after the date of enactment of the Student Loan Refinancing and Recalculation Act, the Secretary shall establish a program under which the Secretary, upon the receipt of an application from a qualified borrower, reissues the borrower's original loan under this part or part B as a loan under this part, in accordance with the provisions of this section, in order to permit the borrower to obtain the interest rate provided under subsection (c). ``(b) Reissuing Loans.-- ``(1) Federal direct loans.--Upon application of a qualified borrower, the Secretary shall reissue a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan of the qualified borrower, for which the first disbursement was made, or the application for the reissuance of a loan under this section was received before July 1, 2017, in an amount equal to the sum of-- ``(A) the unpaid principal, accrued unpaid interest, and late charges of the original loan; and ``(B) the administrative fee under subsection (d)(3). ``(2) Discharging and reissuing ffel program loans as refinanced federal direct loans.--Upon application of a qualified borrower for any loan that was made, insured, or guaranteed under part B and for which the first disbursement was made before July 1, 2010, the Secretary shall reissue such loan as a loan under this part, in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan and the administrative fee under subsection (d)(3), to the borrower in accordance with the following: ``(A) The Secretary shall pay the proceeds of such reissued loan to the eligible lender of the loan made, insured, or guaranteed under part B, in order to discharge the borrower from any remaining obligation to the lender with respect to the original loan. ``(B) The Secretary shall reissue-- ``(i) a loan originally made, insured, or guaranteed under section 428 as a Federal Direct Stafford Loan; ``(ii) a loan originally made, insured, or guaranteed under section 428B as a Federal Direct PLUS Loan; ``(iii) a loan originally made, insured, or guaranteed under section 428H as a Federal Direct Unsubsidized Stafford Loan; and ``(iv) a loan originally made, insured, or guaranteed under section 428C as a Federal Direct Consolidation Loan. ``(C) The interest rate for each loan reissued under this paragraph shall be the rate provided under subsection (c). ``(c) Interest Rate.-- ``(1) In general.--The interest rate for the reissued Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, Federal Direct PLUS Loans, and Federal Direct Consolidation Loans, shall be a rate equal to-- ``(A) the high yield of the 10-year Treasury note auctioned at the final auction held prior to the first day of the month in which the application for reissuance under this section is received, plus ``(B) 1.0 percent. ``(2) Fixed rate.--The applicable rate of interest determined under paragraph (1) for a reissued loan under this section shall be fixed for the period of the loan. ``(d) Terms and Conditions of Loans.-- ``(1) In general.--A loan that is reissued under this section shall have the same terms and conditions as the original loan, except as otherwise provided in this section. ``(2) No automatic extension of repayment period.-- Reissuing a loan under this section shall not result in the extension of the duration of the repayment period of the loan, and the borrower shall retain the same repayment term that was in effect on the original loan. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3). ``(3) Administrative fee.--The Secretary shall charge the borrower of a loan reissued under this section an administrative fee of not more than 0.5 percent of the sum of the unpaid principal, accrued unpaid interest, and late charges, of the original loan. ``(e) Definition of Qualified Borrower.-- ``(1) In general.--The term `qualified borrower' means a borrower-- ``(A) of a loan under this part or part B for which the first disbursement was made, or the application for reissuance under this section was received, before July 1, 2017; and ``(B) who meets the eligibility requirements based on income or debt-to-income ratio established by the Secretary. ``(2) Income requirements.--Not later than 180 days after the date of enactment of the Student Loan Refinancing and Recalculation Act, the Secretary shall establish eligibility requirements based on income or debt-to-income ratio that take into consideration providing access to refinancing under this section for borrowers with the greatest financial need. ``(f) Expiration of Authority.--The Secretary's authority to reissue loans under this section shall expire on the date that is determined in accordance with section 4 of the Fairness in Student Loan Lending Act.''. (c) Amendments to Public Service Repayment Plan Provisions.-- Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (2) by inserting after paragraph (2) the following: ``(3) Special rules for section 460a loans.-- ``(A) Refinanced federal direct loans.-- Notwithstanding paragraph (1), in determining the number of monthly payments that meet the requirements of such paragraph for an eligible Federal Direct Loan reissued under section 460A that was originally a loan under this part, the Secretary shall include all monthly payments made on the original loan that meet the requirements of such paragraph. ``(B) Refinanced ffel loans.--In the case of an eligible Federal Direct Loan reissued under section 460A that was originally a loan under part B, only monthly payments made after the date on which the loan was reissued may be included for purposes of paragraph (1).''; and (3) in paragraph (4)(A) (as redesignated by paragraph (1) of this subsection), by inserting ``(including any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan reissued under section 460A)'' before the period at the end. (d) Income-Based Repayment.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following: ``(a) Refinanced Federal Direct and FFEL Loans.--In calculating the period of time during which a borrower of a loan that is reissued under section 460A has made monthly payments for purposes of subsection (b)(7), the Secretary shall deem the period to include all monthly payments made for the original loan, and all monthly payments made for the reissued loan, that otherwise meet the requirements of this section.''. SEC. 3. INTEREST RATES. (a) Interest Rates.--Section 455(b) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)) is amended-- (1) by redesignating paragraph (9) as paragraph (10); and (2) by inserting after paragraph (8) the following: ``(9) Interest rate provisions for new loans on or after july 1, 2017.-- ``(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, 2017, 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-- ``(I) the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1, plus ``(II) 1 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, 2017, 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-- ``(I) the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1, plus ``(II) 1 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, 2017, 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-- ``(I) the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1, plus ``(II) 1 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, 2017, 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) In School Deferment.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) in paragraph (1), in the matter preceding subparagraph (A), by striking ``A borrower'' and inserting ``Except as provided in paragraph (5), a borrower''; and (2) by adding at the end the following new paragraph: ``(5) Special rule for in school deferment.-- Notwithstanding any other provision of this Act, a borrower described in paragraph (2)(A) shall be eligible for a deferment, during which periodic installments of principal need not be paid, and interest-- ``(A) shall not accrue, in the case of a borrower with an expected family contribution of not more than $10,000 (computed in accordance with part F of this title); and ``(B) shall accrue at the rate equal to the high yield of the 10-year Treasury note applicable to such loan under subsection (b)(9), in the case of a borrower of an unsubsidized loan with an expected family contribution of more than $10,000 (computed in accordance with part F of this title).''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect as if enacted on July 1, 2017. SEC. 4. ELIMINATION OF ORIGINATION FEES FOR FEDERAL DIRECT LOANS. (a) Sense of Congress.--It is the sense of Congress that no origination fees should be charged on any future Federal Direct Loans. (b) Repeal of Origination Fees.--Subsection (c) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e(c)) is repealed. (c) Effective Date.--The amendment made by subsection (b) shall apply with respect to loans made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) for which the first disbursement of principal is made, or, in the case of a Federal Direct Consolidation Loan, the application is received, on the first July 1 after the date of enactment of this Act.

Student Loan Refinancing and Recalculation Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Department of Education to establish a program to refinance the outstanding principal, interest, and late charges on Federal Direct Loans (DLs) and Federal Family Education Loans (FFELs). A refinanced loan has a fixed interest rate equal to the 10-year Treasury note rate plus 1 percentage point. Additionally, the bill modifies the formula to calculate interest rates on new Direct Subsidized, Unsubsidized, and PLUS Loans disbursed on or after July 1, 2017. Finally, it eliminates the origination fee on Direct Subsidized, Unsubsidized, and PLUS Loans disbursed (and on Consolidation Loans applied for) after enactment of this bill.

Student Loan Refinancing and Recalculation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retired Americans Right of Employment Act I'' or ``RARE Act I''. SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED EARLY RETIREMENT AGE. (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c)(1), by striking ``the age of seventy'' and inserting ``early retirement age (as defined in section 216(l))''; (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' each place it appears and inserting ``early retirement age (as defined in section 216(l))''; (3) in subsection (f)(1)(B), by striking ``was age seventy or over'' and inserting ``was at or above early retirement age (as defined in section 216(l))''; (4) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``any other individual,'' and inserting ``50 percent of such individual's earnings for such year in excess of the product of the exempt amount as determined under paragraph (8),''; and (B) by striking ``age 70'' and inserting ``early retirement age (as defined in section 216(l))''; (5) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``early retirement age (as defined in section 216(l))''; and (6) in subsection (j)-- (A) in the heading, by striking ``Age Seventy'' and inserting ``Early Retirement Age''; and (B) by striking ``seventy years of age'' and inserting ``having attained early retirement age (as defined in section 216(l))''. (b) Conforming Amendments Eliminating the Special Exempt Amount for Individuals Who Have Attained Age 62.-- (1) Uniform exempt amount.--Section 203(f)(8)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``a new exempt amount which shall be applicable''. (2) Conforming amendments.--Section 203(f)(8)(B) of the Social Security Act (42 U.S.C. 403(f)(8)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``Except'' and all that follows through ``whichever'' and inserting ``The exempt amount which is applicable for each month of a particular taxable year shall be whichever''; (B) in clauses (i) and (ii), by striking ``corresponding'' each place it appears; and (C) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''. (3) Repeal of basis for computation of special exempt amount.--Section 203(f)(8)(D) of the Social Security Act (42 U.S.C. 403(f)(8)(D)) is repealed. (c) Additional Conforming Amendments.-- (1) Elimination of redundant references to retirement age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (A) in subsection (c), in the last sentence, by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; and (B) in subsection (f)(1), by striking clause (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60,''. (2) Conforming amendment to provisions for determining amount of increase on account of delayed retirement.--Section 202(w)(2)(B)(ii) of the Social Security Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. (d) Effective Date.--The amendments and repeals made by subsections (a), (b), and (c) shall apply with respect to taxable years ending after December 31, 2002. SEC. 3. USE OF ALL YEARS IN COMPUTATION. (a) Use of All Years of Earnings in Benefit Computation.--Section 215(b)(2)(B) of the Social Security Act (42 U.S.C. 415(b)(2)(B)) is amended by striking clauses (i) and (ii) and inserting the following: ``(i)(I) for calendar years before 2010, the term `benefit computation years' means those computation base years equal in number to the number determined under subparagraph (A) plus the applicable number of years determined under subclause (III), for which the total of such individual's wages and self- employment income, after adjustment under paragraph (3), is the largest; ``(II) for calendar years after 2009, the term `benefit computation years' means all of the computation base years; and ``(III) for purposes of subclause (I), the applicable number of years is the number of years specified in connection with the year in which such individual reaches early retirement age (as defined in section 216(l)(2)), or, if earlier, the calendar year in which such individual dies, as set forth in the following table: ``If such calendar year is: The applicable number of years is: Before 2001............................................ 0 2001................................................... 1 2002................................................... 2 2003................................................... 3 2004................................................... 4 2005................................................... 5 2006................................................... 6 2007................................................... 7 2008................................................... 8 2009................................................... 9; ``(ii) the term `computation base years' means the calendar years after 1950, except that such term excludes any calendar year entirely included in a period of disability; and''. (b) Conforming Amendment.--Section 215(b)(1)(B) of the Social Security Act (42 U.S.C. 415(b)(1)(B)) is amended by striking ``in those years'' and inserting ``in an individual's benefit computation years determined under paragraph (2)(A)''. (c) Effective Date.--The amendments made by this section shall apply to benefit computation years beginning after December 31, 2000. SEC. 4. ACTUARIAL ADJUSTMENT FOR RETIREMENT. (a) Early Retirement.-- (1) In general.--Section 202(q) of the Social Security Act (42 U.S.C. 402(q)) is amended-- (A) in paragraph (1)(A), by striking ``\5/9\'' and inserting ``the applicable fraction (determined under paragraph (12))''; and (B) by adding at the end the following: ``(12) For purposes of paragraph (1)(A), the `applicable fraction' for an individual who attains the age of 62 in-- ``(A) any year before 2001, is \5/9\; ``(B) 2001, is \7/12\; ``(C) 2002, is \11/18\; ``(D) 2003, is \23/36\; ``(E) 2004, is \2/3\; and ``(F) 2005 or any succeeding year, is \25/36\.''. (2) Months beyond first 36 months.--Section 202(q) of such Act (42 U.S.C. 402(q)(9)) (as amended by paragraph (1)) is amended-- (A) in paragraph (9)(A), by striking ``five- twelfths'' and inserting ``the applicable fraction (determined under paragraph (13))''; and (B) by adding at the end the following: ``(13) For purposes of paragraph (9)(A), the `applicable fraction' for an individual who attains the age of 62 in-- ``(A) any year before 2001, is \5/12\; ``(B) 2001, is \16/36\; ``(C) 2002, is \16/36\; ``(D) 2003, is \17/36\; ``(E) 2004, is \17/36\; and ``(F) 2005 or any succeeding year, is \1/2\.''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall apply to individuals who attain the age of 62 in years after 1999. (b) Delayed Retirement.--Section 202(w)(6) of the Social Security Act (42 U.S.C. 402(w)(6)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking ``2004.'' and inserting ``2004 and before 2007;''; and (3) by adding at the end the following: ``(E) \17/24\ of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2006 and before 2009; ``(F) \3/4\ of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2008 and before 2011; ``(G) \19/24\ of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2010 and before 2013; and ``(H) \5/6\ of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2012.''. SEC. 5. TEN PERCENT FICA TAX CUT FOR WORKERS WHO HAVE REACHED RETIREMENT AGE. (a) In General.-- (1) Old-age, survivors, and disability insurance.--Section 3101(a) of the Internal Revenue Code of 1986 (relating to old- age, survivors, and disability insurance) is amended to read as follows: ``(a) Old-Age, Survivors, and Disability Insurance.-- ``(1) General employee rate.--In addition to other taxes, there is hereby imposed on the income of every individual who has not attained the retirement age (as defined in section 216(l) of the Social Security Act) a tax equal to 6.2 percent of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b)). ``(2) Retirement employee rate.--In addition to other taxes, there is hereby imposed on the income of every individual who has attained the retirement age (as defined in section 216(l) of the Social Security Act) a tax equal to 5.58 percent of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b)).''. (2) Hospital insurance.--Section 3101(b) of the Internal Revenue Code of 1986 (relating to hospital insurance) is amended to read as follows: ``(b) Hospital Insurance.-- ``(1) General employee rate.--In addition to the tax imposed by the preceding subsection, there is hereby imposed on the income of every individual who has not attained the retirement age (as defined in section 216(l) of the Social Security Act) a tax equal to 1.45 percent of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b)). ``(2) Post retirement employee rate.--In addition to the tax imposed by the preceding subsection, there is hereby imposed on the income of every individual who has attained the retirement age (as defined in section 216(l) of the Social Security Act) a tax equal to 1.305 percent of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b)).''. (b) Self-Employed Individuals.-- (1) Old-age, survivors, and disability insurance.--Section 1401(a) of the Internal Revenue Code of 1986 (relating to old- age, survivors, and disability insurance) is amended to read as follows: ``(a) Old-Age, Survivors, and Disability Insurance.-- ``(1) General employee rate.--In addition to other taxes, there shall be imposed for each taxable year, on the self- employment income of every individual who has not attained the retirement age (as defined in section 216(l) of the Social Security Act), a tax equal to 12.40 percent of the amount of the self-employment income for such taxable year. ``(2) Retirement employee rate.--In addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual who has not attained the retirement age (as defined in section 216(l) of the Social Security Act), a tax equal to 11.78 percent of the amount of the self-employment income for such taxable year.''. (2) Hospital insurance.--Section 1401(b) of the Internal Revenue Code of 1986 (relating to hospital insurance) is amended to read as follows: ``(b) Hospital Insurance.-- ``(1) General employee rate.--In addition to the tax imposed by the preceding subsection, there shall be imposed for each taxable year, on the self-employment income of every individual who has not attained the retirement age (as defined in section 216(l) of the Social Security Act), a tax equal to 2.9 percent of the amount of the self-employment income for such taxable year. ``(2) Post retirement employee rate.--In addition to the tax imposed by the preceding subsection, there shall be imposed for each taxable year, on the self-employment income of every individual who has not attained the retirement age (as defined in section 216(l) of the Social Security Act), a tax equal to 2.755 percent of the amount of the self-employment income for such taxable year.''. (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years ending after December 31, 2000.

Amends the Internal Revenue Code to reduce by ten percent the Federal Insurance Contributions Act (FICA) tax rate on the income of every individual who has attained early retirement age.

RARE Act I

SECTION 1. SHORT TITLE. This Act may be cited as the ``Municipal Finance Improvements Act of 2010''. SEC. 2. CERTIFICATION OF COST OF FINANCING OF MUNICIPAL OBLIGATIONS. (a) In General.--Section 149 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Certification of Cost of Financing.-- ``(1) In general.--Section 103(a) shall not apply to any State or local bond issuance, including any private activity bond issuance, unless, with respect to the issue of which such bond is a part, the requirements of paragraph (2) are met. ``(2) Optimal bond financing certification requirement.-- The requirements of this paragraph are met with respect to an issue if the issuer of such bonds has received an optimal bond financing certification not later than the date such issue is originally issued. ``(3) Optimal bond financing certification.--For purposes of this subsection-- ``(A) In general.--The term `optimal bond financing certification' means a written statement by an independent qualified financial adviser which-- ``(i) certifies that, in the opinion of an independent qualified financial adviser, the fees associated with the issuance and the aggregate interest cost to such issuer with respect to such bonds are reasonable compared with fees and interest rate cost available in the financial marketplace in which such bonds may be sold, without materially increasing the risks to the issuer or bond obligors, and ``(ii) details the reasons supporting the certification described in subparagraph (A) (including the effect the selected legal structure has on the aggregate interest cost). ``(B) Qualified independent financial advisor.-- ``(i) In general.--The term `qualified independent financial advisor' means an individual who-- ``(I) has the professional qualifications required to advise the issuer of such bond as to the financial cost of such issue and the appropriate legal structures and financing alternatives for optimization of the cost of such issue, and ``(II) has a legal fiduciary duty to the issuer (whether under common law, or otherwise), which includes the duty to advise without regard to the financial or other interest of the individual. ``(ii) Related or interested parties excluded.--For purposes of this subparagraph, an individual shall not be treated as an independent qualified financial adviser if-- ``(I) such adviser is, is employed by, or is employed by any person who is owned (directly or indirectly) by, the underwriter of such bond, ``(II) such adviser is providing any other financial advice with respect to the issuance of such bond for which such advisor is receiving remuneration (or is employed by, or is employed by any person who is owned (directly or indirectly) by, such a person), or ``(III) the remuneration of such adviser is contingent, directly or indirectly, on the issuance of such issue. ``(iii) Special rule for employees of state or local government.--An individual shall not fail to be treated as qualified independent financial advisor solely by reason of being an employee of the State or local government with respect to which the bond is being issued. ``(4) Optimal bond financing certification.--The issuer of any State or local bond issuance shall make publicly available the optimal bond financing certification with respect to such issuance. ``(5) Callable bonds.-- ``(A) In general.--A callable State or local bond issue shall not be treated as continuing to meet the requirements of paragraph (2) unless the issuer of such bonds has reasonably determined as of the first date on which outstanding bonds may be called, and annually thereafter, that exercising such right to call such bonds and refunding such bonds will not result in a substantial economic savings to the issuer, or private activity user, of such bonds in the marketplace in which such bonds would be called and refunded. ``(B) Callable state or local bond.--For purposes of this paragraph, the term `callable State or local bond issue' means a bond issue which provides for a presently exercisable optional right to the issuer, or private activity user of the proceeds, of such bonds to retire all or part of such bonds at a stated date, but only if the remaining term to original maturity of such bonds is more than 23 months after the date that such optional right is first exercisable, with or without the payment of any premium to the holders of such bonds. ``(6) Tax credit bonds.--For purposes of this subsection, the term `State or local bond' shall include any tax credit bond (as defined in section 853A(e)(1)(A)).''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. (2) Callable bonds.--In the case of callable obligations originally issued or refunded before the date of the enactment of this Act, the amendments made by this section shall apply to any such obligation that may be called, in whole or in part, before, on, or after the date of the enactment of this Act. SEC. 3. SMALL ISSUER CREDIT. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. SMALL ISSUER CREDIT. ``(a) In General.--In the case of bond issued by a small issuer, such issuer shall be allowed as a credit with respect to such bond an amount equal to 0.05 percent of the principle amount of such bond which shall be payable by the Secretary as provided in subsection (b). ``(b) Payment of Credit.--The Secretary shall pay to such issuer the amount of the credit determined under subsection (a) on such date as the Secretary can reasonably determine such issuer is a small issuer for the calendar year. ``(c) Small Issuer.--For purposes of this section-- ``(1) In general.--The term `small issuer' means, with respect to any calendar year, any issuer if the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by such issuer during such calendar year does not exceed $50,000,000. ``(2) Certain refunding bonds not taken into account in determining small issuer status.--There shall not be taken into account under paragraph (1) any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceed the outstanding amount of the refunded bond.''. (b) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6433. Small issuer credit.''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

Municipal Finance Improvements Act of 2010 - Amends the Internal Revenue Code to require the issuer of a tax-exempt state or local bond to obtain an optimal bond financing certification. Defines "optimal bond financing certification" as a written statement by an independent qualified financial advisor that the issuance fees and aggregate interest cost to the bond issuer are reasonable without materially increasing the risks to the issuer or bond obligors. Allows a tax credit for small issuers of tax-exempt bonds. Defines a "small issuer" as any issuer of tax-exempt bonds with an aggregate face value not exceeding $50 million in a calendar year.

To amend the Internal Revenue Code of 1986 to require that the issuer of a tax-exempt State or local obligation obtain a certification that the interest rate with respect to such obligation is reasonable without materially increasing the risks associated with the obligation.

SECTION 1. MATCHING WILLING UNITED STATES WORKERS WITH EMPLOYERS. (a) In General.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (1) by redesignating the subsection (t) added by section 1(b)(2) of Public Law 108-449 (118 Stat. 3470) as subsection (u); and (2) by adding at the end the following: ``(v)(1) No alien may be admitted or provided status as a nonimmigrant under section 101(a)(15)(H)(ii)(b) unless the employer, in addition to meeting all other requirements specified in this Act, has filed with the Secretary of Homeland Security and the Secretary of Labor the following: ``(A) A signed attestation stating that the employer, prior to filing the attestation, advertised each position for which the employer seeks such a nonimmigrant on the Internet-based job database provided jointly by the Department of Labor and State employment security agencies and known as `America's Job Bank' for at least 14 consecutive days. ``(B) Documentation from the employer's account on such database showing the number of jobs posted by the employer and the number of resumes the employer received in response to each job posting. ``(2)(A) The Secretary of Labor, in consultation with the Secretary of Homeland Security, shall establish procedures to verify the accuracy and veracity of the documentation required under paragraph (1)(B). ``(B) An employer found to have submitted false or inaccurate documentation shall be ineligible to file a petition under section 214(c)(1) with respect to any nonimmigrant under section 101(a)(15)(H)(ii)(b)-- ``(i) for a period of 3 years in the case of a first violation; and ``(ii) for a period of 10 years in the case of a second or subsequent violation.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. SEC. 2. MATCHING NONIMMIGRANT WORKERS WITH EMPLOYERS. (a) In General.--Section 214(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(B)) is amended to read as follows: ``(B) under section 101(a)(15)(H)(ii)(b) may not exceed 131,000, of which not more than 65,500 aliens shall be issued visas or otherwise provided nonimmigrant status during the first 6 months of such fiscal year.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act. SEC. 3. ENSURING THAT H-2B WORKERS RETURN HOME. (a) Discouraging Community Ties.--Section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended, in the matter following clause (iii), by striking ``this paragraph if accompanying'' and inserting ``this subparagraph, except any alien described in section 101(a)(15)(H)(ii)(b), if accompanying''. (b) Establishing Realistic Expectations.--Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended-- (1) by striking ``(b)'' and inserting ``(b)(1)''; and (2) by adding at the end the following: ``(2) In order to overcome the presumption described in paragraph (1), an alien seeking the nonimmigrant status described in section 101(a)(15)(H)(ii)(b), at the time of application for a nonimmigrant visa, shall be required to execute as a contract an affidavit-- ``(A) stating that the alien understands the terms of such nonimmigrant status, including the prohibition on accompanying family members and the requirement that the alien depart the United States before the alien's period of authorized stay expires; ``(B) stating that the alien agrees-- ``(i) to depart the United States in full compliance with the requirements of the entry and exit data system (as defined in section 7208(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(b))), once such requirements are implemented at the port of departure from which the alien intends to departs; and ``(ii) to appear in person before an immigration inspector immediately prior to departure from the United States so that the inspector can record the alien's departure until such time as such requirements are implemented; and ``(C) affirming that the alien understands that the alien will be permanently ineligible for any immigrant or nonimmigrant visa should the alien fail to depart the United States in the manner described in subparagraph (B). ``(3) At each port of departure where the exit procedures of the system referred to in paragraph (2)(B)(i) have not been implemented or are not functional at all times the port is open, the Secretary of Homeland Security shall designate at least one inspector during each shift to record the departure of nonimmigrants described in section 101(a)(15)(H)(ii)(b).''. SEC. 4. MANDATORY PARTICIPATION IN BASIC PILOT PROGRAM. Section 402(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: ``(3) Employers of h-2b nonimmigrants.--Beginning January 1, 2006, any employer who employs one or more aliens described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) shall participate in, and comply with the terms of, the basic pilot program described in section 403(a) with respect to all hiring, recruitment, or referral conducted by the employer. In addition to the consequences described in paragraph (4), failure to comply with the preceding sentence shall result in permanent revocation by the Secretary of Homeland Security of the authority of the employer to employ aliens described in such section 101(a)(15)(H)(ii)(b).''. SEC. 5. OFFSETS FOR THE INCREASE IN H-2B CAP. (a) Elimination of Diversity Immigrant Program.-- (1) Worldwide level of diversity immigrants.--Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended-- (A) in subsection (a)-- (i) by inserting ``and'' at the end of paragraph (1); (ii) by striking ``; and'' at the end of paragraph (2) and inserting a period; and (iii) by striking paragraph (3); and (B) by striking subsection (e). (2) Allocation of diversity immigrant visas.--Section 203 of such Act (8 U.S.C. 1153) is amended-- (A) by striking subsection (c); (B) in subsection (d), by striking ``(a), (b), or (c),'' and inserting ``(a) or (b),''; (C) in subsection (e), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (D) in subsection (f), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''; and (E) in subsection (g), by striking ``(a), (b), and (c)'' and inserting ``(a) and (b)''. (3) Procedure for granting immigrant status.--Section 204 of such Act (8 U.S.C. 1154) is amended-- (A) by striking subsection (a)(1)(I); and (B) in subsection (e), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''. (b) Elimination of ``Other Workers'' Classification.-- (1) Worldwide level of employment-based immigrants.-- Section 201(d)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1151(d)(1) (A)) is amended by striking ``140,000,'' and inserting ``130,000,''. (2) Preference allocation for employment-based immigrants.--Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended-- (A) in paragraph (1), by striking ``28.6'' and inserting ``30.8''; (B) in paragraph (2), by striking ``28.6'' and inserting ``30.8''; (C) in paragraph (3)-- (i) in subparagraph (A)-- (I) by striking ``28.6'' and inserting ``23.1''; and (II) by striking clause (iii); (ii) by striking subparagraph (B); and (iii) by redesignating subparagraph (C) as subparagraph (B); (D) in paragraph (4), by striking ``7.1'' and inserting ``7.65''; and (E) in paragraph (5), by striking ``7.1'' and inserting ``7.65''. (c) Modifications to ``NACARA'' Temporary Reductions.--Section 203 of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1101 note) is amended-- (1) by amending the subsection heading of subsection (d) to read as follows: ``Temporary Reduction in Visas for Brothers and Sisters of Citizens.--''; (2) in paragraph (1) of subsection (d), by striking ``section 201(e)'' and all that follows through the period and inserting ``section 203(a)(4) of the Immigration and Nationality Act shall be reduced by 10,000 from the number of visas otherwise available under such section for such fiscal year.''; (3) by striking subsection (e); and (4) by redesignating subsection (f) as subsection (e). (d) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act.

Amends the Immigration and Nationality Act to prohibit the admission of aliens as H-2B (temporary nonagricultural worker) nonimmigrants unless the employer has filed with the Secretaries of Homeland Security and Labor: (1) an attestation stating that the employer advertised each such position on America's Job Bank for at least 14 consecutive days; and (2) documentation showing the number of jobs posted by the employer and the number of resumes received in response. Makes employers who submit false or inaccurate documentation ineligible to petition for H-2B nonimmigrants for specified periods. Increases to 131,000 the number of aliens who may be granted H-2B status in any fiscal year (currently, 66,000). Requires not more than half of such number to be granted in the first six months of the fiscal year. Precludes derivative status for the spouses and minor children of aliens granted H-3 (trainee) nonimmigrant status who themselves hold H-2B status. Requires aliens seeking H-2B nonimmigrant status to execute a contract: (1) stating that they understand the terms of such status; (2) agreeing to depart in full compliance with the entry-exit system (when implemented) and to appear before an immigration inspector; and (3) affirming their understanding that failing to so depart will result in permanent ineligibility for an immigrant or nonimmigrant visa. Requires all employers of H-2B nonimmigrants to participate in the basic pilot (employment eligibility verification) program. Eliminates the diversity immigrant program. Reduces the worldwide level of employment-based immigrants. Eliminates the category of "other workers" from the preference allocation for employment-based immigrants. Amends the Nicaraguan Adjustment and Central American Relief Act to reflect elimination of the above-referenced programs. Inserts a provision temporarily reducing visas for the adult brothers and sisters of U.S. citizens.

To match willing United States workers with employers, to increase and fairly apportion H-2B visas, and to ensure that H-2B visas serve their intended purpose.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Housing Fair Compensation Act of 1993''. SEC. 2. AUTHORITY AND AMOUNT. Section 6(d) of the United States Housing Act of 1937 (42 U.S.C. 1437d(d)) is amended to read as follows: ``(d) Payments in Lieu of State and Local Taxes.-- ``(1) In general.--Each contract for contributions with respect to a low-income housing project shall provide that contributions by the Secretary may not be made available for the project unless the project (exclusive of any portion of the project that is not assisted by contributions under this Act) is exempt from all real and personal property taxes levied or imposed by the State, city, county, or other political subdivision. Each such contract shall require the public housing agency to make payments in lieu of taxes, from amounts provided to the agency pursuant to paragraph (5), in the amount determined under paragraphs (2) and (3). If any low-income housing project is not exempt from all real and personal property taxes levied or imposed by the State, city, county, or other political subdivision, such contract shall provide, in lieu of the requirement for tax exemption and payment in lieu of taxes, that contributions by the Secretary may not be made available for the project unless and until the State, city, county, or other political subdivision in which the project is situated shall contribute, in the form of cash or tax remission, the amount by which the taxes paid with respect to the project exceed the amount determined under paragraph (2)(A) for the project. ``(2) Determination of amount.--Subject to the limitations under paragraph (4), the amount in lieu of taxes to be paid under paragraph (1) by a public housing agency for a year for any low-income housing project shall be-- ``(A) the sum of the amounts determined, for units of each size, by multiplying (i) the number of dwelling units in the project of such size, by (ii) the applicable adjusted per unit payment amount determined under paragraph (3) for units of such size; or ``(B) such lesser amount that is-- ``(i) prescribed by State law; ``(ii) agreed to by the local governing body in its agreement for local cooperation with the public housing agency required under section 5(e)(2); or ``(iii) due to the failure of a local public body or bodies other than the public housing agency to perform any obligation under such agreement. ``(3) Adjusted per unit payment amounts.-- ``(A) In general.--For purposes of this subsection, the Secretary shall determine the adjusted per unit payment amounts for each fiscal year for dwelling units of various sizes in low-income housing projects, as determined by the Secretary. The per unit payment amount for a dwelling unit for any fiscal year shall be the pro rata share of the total amount available for the fiscal year for all payments under this subsection for all dwelling units, taking into consideration the size of the dwelling unit (subject to subparagraph (B)) and the cost of housing in the area in which the project containing the dwelling unit is located (based on the median family income and fair market rentals as established under section 8(c), for such area). ``(B) Dwelling size.--The Secretary shall provide that (not taking into consideration any adjustment due to area housing costs) the adjusted per unit payment amount under this paragraph for single-room dwelling units (not containing bathroom or kitchen facilities) and units of 2 or more bedrooms is greater than such amount for units of 1 bedroom that contain bathrooms and kitchen facilities. ``(4) Limitations on amount.--Notwithstanding any other provision of this subsection, the amount in lieu of taxes to be paid under this subsection by a public housing agency in any year may not exceed-- ``(A) for any single dwelling unit, $1,400; and ``(B) for any project, the amount equal to the sum of all real and personal property taxes that would be levied or imposed with respect to the project by the State, city, county, and other political subdivisions were the project not exempt from all real and personal property taxes. ``(5) Authorization of appropriations.--There are authorized to be appropriated for providing amounts to public housing agencies for making payments in lieu of taxes under this subsection the following amounts for the following fiscal years: ``(A) $500,000,000 for fiscal year 1994. ``(B) $1,000,000,000 for fiscal year 1995. ``(C) $2,000,000,000 for fiscal year 1996. ``(D) $2,000,000,000 for fiscal year 1997. ``(E) $2,000,000,000 for fiscal year 1998.''. SEC. 3. APPLICABILITY. The amendment made by section 2 shall apply only with respect to fiscal year 1994 and fiscal years thereafter, and the provisions of section 6(d) of the United States Housing Act of 1937, as in effect immediately before the enactment of this section, shall apply with respect to fiscal years preceding fiscal year 1994.

Public Housing Fair Compensation Act of 1993 - Amends the United States Housing Act of 1937 to revise the method of calculating the amounts paid by public housing agencies in lieu of State and local real and personal property taxes. Authorizes appropriations for such payments.

Public Housing Fair Compensation Act of 1993

SECTION 1. FINDINGS. The Congress finds the following: (1) The current public/private partnership has succeeded in fulfilling the mission set for it by Congress--delivering loans to students reliably and in a timely fashion--and as such should be preserved. (2) The current Federal Family Education Loan (FFEL) program is, however, in need of reform. Many important positive changes were made during the reauthorization of the Higher Education Act in the 102d Congress, but further changes are needed to make the FFEL program more efficient. (3) It would be preferable to improve on a public/private partnership that is known to work rather than dismantle it in favor of an unproved direct Government lending program, which would increase the Federal debt, further enlarge the Federal bureaucracy, add major new financial oversight activities to the already overburdened Department of Education, and force the Congress to depend on estimated savings which may prove illusory. (4) The large Direct Lending Demonstration Program that was begun by the Higher Education Amendments of 1992 is only now getting started. It would be better to allow this Demonstration Program to proceed and show some results before expanding it to cover the entire federally insured student lending system. (5) Reforming the FFEL system with the immediate savings and efficiencies that are contained in this bill will in no way prevent the passage and implementation of legislation that would begin a National Service Program, as proposed by the President. (6) Reforming the current FFEL system will produce immediate savings without increasing the size and debt of the Federal Government. It will also assure students and their parents that they will continue to receive the funds they need for higher education when they need them. SEC. 2. INTEREST RATES. Section 427A of the Act (20 U.S.C. 1077a) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: ``(h) In-School and Grace Period Interest Rates.-- ``(1) Applicable rate.--Notwithstanding any other provision of this section, with respect to any loan for which the first disbursement is made on or after October 1, 1993, the applicable rate of interest for interest which accrues-- ``(A) prior to the beginning of the repayment period of the loan, or ``(B) during the period in which principal need not be paid (whether or not such principal is in fact paid) by reason of a provision described in section 428(b)(1)(M) or 427(a)(2)(C), shall not exceed the rate determined under paragraph (2). ``(2) Method of calculation.--For purposes of paragraph (1) the rate determined under this paragraph shall, 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-- ``(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction prior to such June 1; plus ``(B) 2.6 percent.''. SEC. 3. LOAN TRANSFER FEES. Section 428(b)(2) of the Act (20 U.S.C. 1078(b)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by adding at the end thereof the following new subparagraph: ``(G) provide that, if a lender or holder, on or after October 1, 1993, sells, transfers, or assigns a loan under this part, then the transferee shall pay to the Secretary a transfer fee in an amount equal to 0.25 percent the principal and accrued unpaid interest of the loan.''. SEC. 4. RISK SHARING. (a) Guaranty Agency Reinsurance Percentage.--Section 428(c)(1) of the Act (20 U.S.C. 1078(c)(1)) is amended-- (1) in subparagraph (A), by striking ``100 percent'' and inserting ``96 percent''; (2) in subparagraph (B)(i), by striking ``90 percent'' and inserting ``86 percent''; and (3) in subparagraph (B), by striking ``80 percent'' and inserting ``76 percent''. (b) Risk Sharing by the Student Loan Marketing Association.-- (1) GSL program.--Section 428(b)(1)(G) of the Act is amended by inserting before the semicolon at the end thereof the following: ``, except that for loans held by the Student Loan Marketing Association (other than loans made pursuant to section 439(q)) such percentage shall be 90 percent''. (2) FISL program.--Section 425(b)(1) of the Act is amended by inserting after ``interest'' in the matter preceding clause (i) the following: ``, except that for loans held by the Student Loan Marketing Association (other than loans made pursuant to section 439(q)) such liability shall be 90 percent of such unpaid balance, and''. (c) Effective Date.--The amendments made by this section shall apply to any loan on which a default (as defined in section 435 of the Act) occurs on or after the date of enactment of this Act. SEC. 5. SHARES OF POST-DEFAULT COLLECTIONS. Section 428(c)(6) of the Act (20 U.S.C. 1078(c)(6)(A) is amended by adding at the end the following new subparagraph: ``(D) Subparagraph (A)(ii) shall be applied with respect to determinations of the Secretary's equitable share of payments made by borrowers-- ``(i) during fiscal years 1994 and 1995, by substituting `27 percent' for `30 percent'; and ``(ii) during fiscal year 1996 and succeeding fiscal years, by substituting `26 percent' for `30 percent'.''. SEC. 6. FEDERAL ADMINISTRATIVE EXPENSES. (a) Administrative Cost Allowances.--Section 428(f)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1078(f)(1)(B)) is amended by striking ``1 percent'' and inserting ``0.50 percent''. (b) Reinsurance Fees.--Section 428(c) of the Act is amended-- (1) by striking paragraph (9); and (2) by redesignating paragraph (10) as paragraph (9). (c) Effective Date.--The amendments made by this section shall apply to loans made on or after October 1, 1993. SEC. 7. PLUS LOAN AMOUNTS AND DISBURSEMENTS. (a) Loan Amounts.--Section 428B(b) of the Act (20 U.S.C. 1078-2(b)) is amended to read as follows: ``(b) Limitations on Amounts of Loans.-- ``(1) Annual limit.--Subject to paragraph (2), the maximum amount parents may borrow for one student in any academic year or its equivalent (as defined by regulation of the Secretary) is $10,000. ``(2) Limitation based on need.--Any loan under this section may be counted as part of the expected family contribution in the determination of need under this title, but no loan may be made to any parent under this section for any academic year in excess of (A) the student's estimated cost of attendance, minus (B) other financial aid as certified by the eligible institution under section 428(a)(2)(A). The annual insurable limit on account of any student shall not be deemed to be exceeded by a line of credit under which actual payments to the borrower will not be made in any year in excess of the annual limit.''. (b) Multiple Disbursement Required.-- (1) Amendment.--Section 428B(c) of the Act is amended by inserting after ``under this section'' the following: ``shall be disbursed in accordance with the requirements of section 428G and''. (2) Conforming amendments.--Section 428G(e) of the Act (20 U.S.C. 1078-7(e) is amended-- (A) by striking ``PLUS, Consolidation,'' and inserting ``Consolidation''; and (B) by striking ``section 428B or 428C'' and inserting ``section 428C''. (3) FISL amendment.--Section 427(b)(2) of the Act (20 U.S.C. 1077(b)(2)) is amended by striking ``section 428B or 428C'' and inserting ``section 428B''. SEC. 8. CONSOLIDATION LOAN SAVINGS. (a) Interest Rates.-- (1) Reduction of rates.--Section 428C(c)(1)(B) of the Act (20 U.S.C. 1078-3(c)(1)(B)) is amended to read as follows: ``(B) Except as provided in subparagraph (C), a consolidation loan shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the lesser of-- ``(i) the weighted average of the interest rates on the loans consolidated, rounded to the nearest whole percent; or ``(ii) for any 12-month period beginning on July 1 and ending on June 30, determined on the preceding June 1 that is a rate equal to-- ``(I) the bond equivalent rate of 52-week Treasury bills auctioned at the final auction before such June 1; plus ``(II) 3.10 percent.''. (2) 9 percent ceiling.--Section 428C(c)(1)(C) of the Act is amended by striking out ``not less'' and inserting ``not more''. (b) Limitation of Interest Subsidy During Deferment.--Section 428C(c)(4)(C) of the Act is amended to read as follows: ``(C)(i) provides that periodic installments of principal need not be paid, but interest shall accrue and be paid in accordance with clause (ii), during any period for which the borrower would be eligible for a deferral under section 428(b)(1)(M), and that any such period shall not be included in determining the repayment period pursuant to subsection (c)(2) of this section; and ``(ii) provides that interest shall accrue and be paid-- ``(I) by the Secretary, in the case of a consolidation loan that consolidated only Federal Stafford Loans for which the student borrower received an interest subsidy under section 428; or ``(II) by the borrower, or capitalized, in the case of a consolidation loan other than one described in subclause (I);''. (c) Lender Fees.--Section 428C(c) of the Act is amended by adding at the end the following new paragraph: ``(6) Insurance fee from lenders.--Each lender shall pay to the Secretary, by quarterly installments, an annual amount equal to 0.5 percent of the average principal amount outstanding on loans under this section held by the lender, as determined in accordance with such regulations as the Secretary shall prescribe.''. (d) Effective Date.--The amendments made by this section shall apply to loans for which the first disbursement is made on or after October 1, 1993. SEC. 9. DATE OF DEFAULT DETERMINATIONS. (a) Amendments.--Section 435(l) of the Act (20 U.S.C. 1085(l)) is amended-- (1) by striking ``180 days'' and inserting ``270 days''; and (2) by striking ``240 days'' and inserting ``330 days''. (b) Conforming Amendment.--Section 428(c)(1)(A) of the Act (20 U.S.C. 1078(c)(1)(A)) is amended by striking the last sentence and inserting the following: ``A guaranty agency shall file a claim for reimbursement under this subsection within 45 days after the agency's discharge of its insurance obligation, except that when a guaranty agency discharges its insurance obligation prior to 360 days after a loan becomes delinquent with respect to any installment thereon, the guaranty agency shall file a claim under this subsection within 45 days after the loan becomes 360 days delinquent with respect to any such installment.''. (c) Effective Date.--The amendments made by this section shall apply on and after October 1, 1993. SEC. 10. SPECIAL ALLOWANCES ON TAX EXEMPT FUNDS. (a) Special Allowance Amendment.--Section 438(b)(2)(B) of the Act (20 U.S.C. 1087-1(b)(2)(B)) is amended-- (1) by striking the first sentence of division (i) and inserting the following: ``The quarterly rate of the special allowance for holders of loans which were made or purchased with funds obtained by the holder from the issuance of obligations, the income from which is exempt from taxation under the Internal Revenue Code of 1986, shall be 85 percent of the quarterly rate of the special allowance established under subparagraph (A).''; (2) by striking division (ii); and (3) by redesignating division (iii) as division (ii). (b) Purchase Premiums.--Section 438(d)(2) of the Act is amended-- (1) by striking subparagraph (C); and (2) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E), respectively. (c) Effective Date.--The amendment made by this section shall apply to loans made on and after October 1, 1993. SEC. 11. LENDER ORIGINATION FEES. Section 438 of the Act (20 U.S.C. 1087-1) is amended-- (1) in the heading of subsection (c) by inserting ``From Students'' after ``Origination Fees''; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following new subsection: ``(d) Origination Fees From Lenders.-- ``(1) Deduction from interest and special allowance subsidies.--Notwithstanding subsection (b), the total amount of interest and special allowance payable under section 428(a)(3)(A) and subsection (b) of this section, respectively, to any holder shall be reduced by the Secretary by an origination fee in an amount determined in accordance with paragraph (2) of this subsection. If the total amount of interest and special allowance payable under section 428(a)(3)(A) and subsection (b) of this section, respectively, is less than the amount of such origination fee, the Secretary shall deduct such excess amount from subsequent quarters' payments until the total amount has been deducted. ``(2) Amount of origination fees.--Subject to paragraph (3) of this subsection, with respect to any loan (other than loans made under sections 428A, 428B, 428C, and 428H) for which a completed note or other written evidence of the loan was sent or delivered to the borrower for signing on or after July 1, 1993, the amount of the origination fee which shall be deducted under paragraph (1) shall be equal to 1 percent of the principal amount of the loan. ``(3) SLS, plus, consolidation, and undsubsidized loans.-- With respect to any loans made under section 428A, 428B, 428C, and 428H and disbursed on or after October 1, 1993, each eligible lender under this part shall pay to the Secretary an origination fee of 1 percent of the principal amount of the loan. ``(4) Distribution of origination fees.--All origination fees collected pursuant to this section on loans authorized under section 428A, 428B, 428C, or 428H shall be paid to the Secretary by the lender and deposited in the fund authorized under section 431 of this part.''. SEC. 12. LENDER-OF-LAST-RESORT REQUIREMENT. Section 439(q)(1)(A) of the Act (20 U.S.C. 1087-2) is amended by ``may begin'' and inserting ``shall begin''. SEC. 13. STUDENT LOAN MARKETING ASSOCIATION STUDY. Section 439 of the Act is further amended by adding at the end thereof the following new subsection: ``(s) Transition Study and Activities.--(1) The Secretaries of Education and the Treasury, in consultation with the Association, shall prepare a study, to be completed within 6 months of the enactment of this provision, which shall examine alternatives concerning the status, operations, and purposes of the Association. Such alternatives shall include providing for an orderly transition of the Association from a Government-Sponsored Enterprise to a private corporation. Such study shall-- ``(A) consider how best to meet the needs of students and taxpayers for financing for postsecondary education; ``(B) reflect the need for the Association to maintain liquidity and perform other functions for the Federal Education Loan program; ``(C) consider any appropriate changes to part D of title VII, relating to the College Construction Loan Insurance Association; and ``(D) be considered by the Secretaries of Education and the Treasury in developing any legislative proposals concerning any changes to the status of the Association as a Government- Sponsored Enterprise or its duties under the Federal Family Education Loan program. ``(2) The Secretaries of Education and the Treasury are directed to work with the Association to ensure that any changes in the Association's status, operations, or purposes are carried out efficiently and effectively.''. SEC. 14. REPAYMENT OPTIONS. (a) Regulations Required.--The Secretary of Education shall, not later than 60 days after the date of enactment of this Act-- (1) prescribe the regulations required for the implementation of the income sensitive repayment options pursuant to section 428(b)(1)(E)(i) and 428(m) of the Act; (2) take such steps as may be necessary-- (A) to inform borrowers under part B of title IV of the Act of the availability of standard, graduated, and income sensitive repayment options for student loans; and (B) to ensure that lenders under such part permit borrowers to fully exercise such options. (b) Conforming Amendments.--Section 428(b)(1) of the Act (20 U.S.C. 1078(b)(1)) is amended-- (1) in subparagraph (D)(ii), by inserting ``except as permitted pursuant to subparagraph (E),''; (2) in subparagraph (E)-- (A) by striking ``subparagraphs (D) and (L)'' and inserting ``subparagraph (L)''; (B) by inserting ``or 428H'' after ``section 428A''; (C) by inserting ``under subsection (m)'' after ``regulations of the Secretary''; and (D) by striking ``nor more than 10 years''. HR 2219 IH----2

Amends the Higher Education Act of 1965 to revise or add to the guaranteed student loan program (also known as the Stafford Loan or the Federal Family Education Loan Program) with respect to: (1) in-school and grace period interest rate limits; (2) loan transfer fees; (3) decrease of guaranty agency reinsurance percentage; (4) required risk sharing by the Student Loan Marketing Association; (5) shares of post-default collections; (6) decrease of administrative cost allowances; (7) reinsurance fees; (8) parent loan (PLUS) amount limits and multiple disbursement requirements; (8) reduction and limitation of consolidation loan interest rates; (9) limitation of interest subsidy during deferment; (10) insurance fees from lenders; (11) longer periods for default determinations; (12) special allowances on tax exempt funds and purchase premiums; (13) origination fees from lenders; (14) the lender-of-last-resort requirement; (15) Student Loan Marketing Association alternative status study; and (16) repayment options (including income sensitive) availability and information.

To amend the Higher Education Act of 1965 to achieve savings in the operation of the student loan programs under part B of title IV of that Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Protection Program Act''. SEC. 2. VOLUNTARY PROTECTION PROGRAM. (a) Cooperative Agreements.--The Secretary of Labor shall establish a program of entering into cooperative agreements with employers to encourage the establishment of comprehensive safety and health management systems that include-- (1) requirements for systematic assessment of hazards; (2) comprehensive hazard prevention, mitigation, and control programs; (3) active and meaningful management and employee participation in the voluntary program described in subsection (b); and (4) employee safety and health training. (b) Voluntary Protection Program.-- (1) In general.--The Secretary of Labor shall establish and carry out a voluntary protection program (consistent with subsection (a)) to encourage excellence and recognize the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (2) Program requirements.--The voluntary protection program shall include the following: (A) Application.--Employers who volunteer under the program shall be required to submit an application to the Secretary of Labor demonstrating that the worksite with respect to which the application is made meets such requirements as the Secretary of Labor may require for participation in the program. (B) Onsite evaluations.--There shall be onsite evaluations by representatives of the Secretary of Labor to ensure a high level of protection of employees. The onsite visits shall not result in enforcement of citations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (C) Information.--Employers who are approved by the Secretary of Labor for participation in the program shall assure the Secretary of Labor that information about the safety and health program shall be made readily available to the Secretary of Labor to share with employees. (D) Reevaluations.--Periodic reevaluations by the Secretary of Labor of the employers shall be required for continued participation in the program. (3) Monitoring.--To ensure proper controls and measurement of program performance for the voluntary protection program under this section, the Secretary of Labor shall direct the Assistant Secretary of Labor for Occupational Safety and Health to take the following actions: (A) Develop a documentation policy regarding information on follow-up actions taken by the regional offices of the Occupational Safety and Health Administration in response to fatalities and serious injuries at worksites participating in the voluntary protection program. (B) Establish internal controls that ensure consistent compliance by the regional offices of the Occupational Safety and Health Administration with the voluntary protection program policies of the Occupational Safety and Health Administration for conducting onsite reviews and monitoring injury and illness rates, to ensure that only qualified worksites participate in the program. (C) Establish a system for monitoring the performance of the voluntary protection program by developing specific performance goals and measures for the program. (4) Exemptions.--A site with respect to which a voluntary protection program has been approved shall, during participation in the program, be exempt from inspections or investigations and certain paperwork requirements to be determined by the Secretary of Labor, except that this paragraph shall not apply to inspections or investigations arising from employee complaints, fatalities, catastrophes, or significant toxic releases. (5) No payments required.--The Secretary of Labor shall not require any form of payment for an employer to qualify or participate in the voluntary protection program. (c) Transition.--The Secretary of Labor shall take such steps as may be necessary for the orderly transition from the cooperative agreements and voluntary protection programs carried out by the Occupational Safety and Health Administration as of the day before the date of enactment of this Act, to the cooperative agreements and voluntary protection program authorized under this section. In making such transition, the Secretary shall ensure that-- (1) the voluntary protection program authorized under this section is based upon and consistent with the voluntary protection programs carried out on the day before the date of enactment of this Act; and (2) each employer that, as of the day before the date of enactment of this Act, had an active cooperative agreement under the voluntary protection programs carried out by the Occupational Safety and Health Administration and was in good standing with respect to the duties and responsibilities under such agreement, shall have the option to continue participating in the voluntary protection program authorized under this section. SEC. 3. EXPANDED ACCESS TO VOLUNTARY PROTECTION PROGRAM FOR SMALL BUSINESSES. The Secretary of Labor shall establish and implement, by regulation, a program to increase participation by small businesses (as the term is defined by the Administrator of the Small Business Administration) in the voluntary protection program established under section 2 through outreach and assistance initiatives and the development of program requirements that address the needs of small businesses. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2011 and each succeeding fiscal year.

Voluntary Protection Program Act - Directs the Secretary of Labor to enter into cooperative agreements with employers to: (1) encourage establishment of comprehensive safety and health management systems to protect employees from occupational hazards; and (2) establish a voluntary protection program to encourage excellence and recognize its achievement in both the technical and managerial protection of employees from occupational hazards. Requires the Secretary to take necessary steps for the orderly transition from Occupational Safety and Health Administration (OSHA) cooperative agreements and voluntary protection programs existing before enactment of this Act to agreements and programs authorized under this Act. Directs the Secretary to establish a program to increase small business participation in the voluntary protection program.

To authorize the Department of Labor's voluntary protection program and to expand the program to include more small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Clinical Trials Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Advances in medicine depend on clinical trial research conducted at public and private research institutions across the United States. (2) The challenges associated with enrolling participants in clinical research studies are especially difficult for studies that evaluate treatments for rare diseases and conditions (defined by the Orphan Drug Act as a disease or condition affecting fewer than 200,000 Americans), where the available number of willing and able research participants may be very small. (3) In accordance with ethical standards established by the National Institutes of Health, sponsors of clinical research may provide payments to trial participants for out-of-pocket costs associated with trial enrollment and for the time and commitment demanded by those who participate in a study. When offering compensation, clinical trial sponsors are required to provide such payments to all participants. (4) The offer of payment for research participation may pose a barrier to trial enrollment when such payments threaten the eligibility of clinical trial participants for Supplemental Security Income and Medicaid benefits. (5) With a small number of potential trial participants and the possible loss of Supplemental Security Income and Medicaid benefits for many who wish to participate, clinical trial research for rare diseases and conditions becomes exceptionally difficult and may hinder research on new treatments and potential cures for these rare diseases and conditions. SEC. 3. EXCLUSION FOR COMPENSATION FOR PARTICIPATION IN CLINICAL TRIALS FOR RARE DISEASES OR CONDITIONS. (a) Exclusion From Income.--Section 1612(b) of the Social Security Act (42 U.S.C. 1382a(b)) is amended-- (1) by striking ``and'' at the end of paragraph (24); (2) by striking the period at the end of paragraph (25) and inserting ``; and''; and (3) by adding at the end the following: ``(26) the first $2,000 received during a calendar year by such individual (or such spouse) as compensation for participation in a clinical trial involving research and testing of treatments for a rare disease or condition (as defined in section 5(b)(2) of the Orphan Drug Act), but only if the clinical trial-- ``(A) has been reviewed and approved by an institutional review board that is established-- ``(i) to protect the rights and welfare of human subjects participating in scientific research; and ``(ii) in accord with the requirements under part 46 of title 45, Code of Federal Regulations; and ``(B) meets the standards for protection of human subjects as provided under part 46 of title 45, Code of Federal Regulations.''. (b) Exclusion From Resources.--Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)) is amended-- (1) by striking ``and'' at the end of paragraph (15); (2) by striking the period at the end of paragraph (16) and inserting ``; and''; and (3) by inserting after paragraph (16) the following: ``(17) any amount received by such individual (or such spouse) which is excluded from income under section 1612(b)(26) (relating to compensation for participation in a clinical trial involving research and testing of treatments for a rare disease or condition).''. (c) Medicaid Exclusion.-- (1) In general.--Section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)), is amended by adding at the end the following: ``(14) Exclusion of compensation for participation in a clinical trial for testing of treatments for a rare disease or condition.--The first $2,000 received by an individual (who has attained 19 years of age) as compensation for participation in a clinical trial meeting the requirements of section 1612(b)(26) shall be disregarded for purposes of determining the income eligibility of such individual for medical assistance under the State plan or any waiver of such plan.''. (2) Conforming amendment.--Section 1902(a)(17) of such Act (42 U.S.C. 1396a(a)(17)) is amended by inserting ``(e)(14),'' before ``(l)(3)''. (d) Effective Date.--The amendments made by this section shall take effect on the date that is the earlier of-- (1) the effective date of final regulations promulgated by the Commissioner of Social Security to carry out this section and such amendments; or (2) 180 days after the date of enactment of this Act. (e) Sunset Provision.--This Act and the amendments made by this Act are repealed on the date that is 5 years after the date of the enactment of this Act. SEC. 4. STUDY AND REPORT. (a) Study.--Not later than 36 months after the effective date of this Act, the Comptroller General of the United States shall conduct a study to evaluate the impact of this Act on enrollment of individuals who receive Supplemental Security Income benefits under title XVI of the Social Security Act (referred to in this section as ``SSI beneficiaries'') in clinical trials for rare diseases or conditions. Such study shall include an analysis of the following: (1) The percentage of enrollees in clinical trials for rare diseases or conditions who were SSI beneficiaries during the 3-year period prior to the effective date of this Act as compared to such percentage during the 3-year period after the effective date of this Act. (2) The range and average amount of compensation provided to SSI beneficiaries who participated in clinical trials for rare diseases or conditions. (3) The overall ability of SSI beneficiaries to participate in clinical trials. (4) Any additional related matters that the Comptroller General determines appropriate. (b) Report.--Not later than 12 months after completion of the study conducted under subsection (a), the Comptroller General shall submit to Congress a report containing the results of such study, together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Improving Access to Clinical Trials Act of 2009 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to exclude from income for SSI eligibility purposes any compensation in the amount of the first $2,000 per year received by an individual for participation in clinical trials involving research and testing of treatments for rare diseases or conditions. Amends SSA title XIX (Medicaid) to make a similar exclusion from income of such compensation for the purposes of eligibility under the Medicaid program. Directs the Comptroller General to study and report to Congress on the impact of this Act on enrollment of individuals who receive SSI benefits in clinical trials for rare diseases or conditions.

A bill to provide for an exclusion under the Supplemental Security Income program and the Medicaid program for compensation provided to individuals who participate in clinical trials for rare diseases or conditions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Deeming Authority Clarification Act of 2017''. SEC. 2. DATE FOR APPLICATION OF FEDERAL FOOD, DRUG, AND COSMETIC ACT TO DEEMED TOBACCO PRODUCTS. Section 901(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387a(b)) is amended-- (1) by striking ``This chapter shall apply'' and inserting the following: ``(1) In general.--This chapter shall apply''; and (2) by adding at the end the following new paragraph: ``(2) Deemed tobacco products.--For each tobacco product deemed subject to the requirements of this chapter pursuant to paragraph (1), each reference in sections 905(j) and 910(a)-- ``(A) to `February 15, 2007', shall be considered to be a reference to `the effective date of the regulation under which a tobacco product is deemed subject to the requirements of this chapter pursuant to section 901(b)'; and ``(B) to `21 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act', shall be considered to be a reference to the later of-- ``(i) `21 months after the date of enactment of the FDA Deeming Authority Clarification Act of 2017'; and ``(ii) `21 months after the effective date of such deeming regulation'.''. SEC. 3. PRODUCT STANDARDS FOR VAPOR PRODUCT BATTERIES. (a) Applicability of Standards.--Section 907 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387g) and any related provisions of such Act shall apply with respect to a vapor product battery to the same extent and in the same manner as such section 907 and related provisions apply with respect to a component of a tobacco product. (b) Promulgation of Standards.-- (1) Proposed standards.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue a notice of proposed rulemaking to establish product standards for vapor product batteries pursuant to section 907 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387g). (2) Final standards.--Not later than 24 months after the date of enactment of this Act, the Secretary shall promulgate the vapor product battery standards required by this section. (c) Compliance With Final Standards.--For any vapor product (including those products in test markets) that has a battery and is commercially marketed in the United States as of the date by which final standards are required to be promulgated under subsection (b)(2), the Secretary of Health and Human Services, based on any change to the battery for the purpose of conforming to such final standards, shall not-- (1) require the submission of a report under section 905(j) of such Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387e(j)); or (2) treat such vapor product as a new tobacco product for which an order is required under section 910(c)(1)(A)(i) of such Act (21 U.S.C. 387j(c)(1)(A)(i)). (d) Definition.--In this section, the term ``vapor product'' has the meaning given to such term in section 921(f) of the Federal Food, Drug, and Cosmetic Act, as added by section 4 of this Act. SEC. 4. REGULATION OF VAPOR PRODUCTS. (a) In General.--Chapter IX of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 920 of such Act (21 U.S.C. 387t) the following: ``SEC. 921. VAPOR PRODUCTS. ``(a) Relation to Other Provisions.--The authorities vested in the Secretary by this section to regulate vapor products are in addition to, not in lieu of, the authorities vested in the Secretary by other sections of this Act to regulate vapor products as tobacco products. ``(b) Advertising in Print Publications.-- ``(1) In general.--The manufacturer, distributor, or retailer of a vapor product shall not disseminate or cause to be disseminated advertising or labeling of the vapor product in a newspaper, magazine, periodical or other publication (whether periodic or limited distribution), other than an adult publication. ``(2) Definition.--In this subsection, the term `adult publication' means a newspaper, magazine, periodical, or other publication-- ``(A) whose readers younger than 18 years of age constitute 15 percent or less of the total readership as measured by competent and reliable survey evidence; and ``(B) that is read by fewer than 2 million persons younger than 18 years of age as measured by competent and reliable survey evidence. ``(c) Prohibit Self-Service Displays of Vapor Products.-- ``(1) In general.--A retailer may sell vapor products only in a direct face-to-face exchange. ``(2) Exception.--Paragraph (1) does not apply-- ``(A) to mail order sales; or ``(B) to sales by means of a vending machine or self-service display that is located in a facility where the retailer ensures that no person under 18 years of age is present or permitted to enter at any time. ``(3) Civil penalty.--A violation of this subsection shall be subject to a civil penalty under section 303(f)(9) to the same extent and in the same manner as a violation of any requirement of this Act which relates to a tobacco product. ``(d) Labeling.-- ``(1) In general.--Not later than 12 months after the date of enactment of the FDA Deeming Authority Clarification Act of 2017, the Secretary shall promulgate final regulations to require packages of vapor products to bear a label containing-- ``(A) the phrase `Keep Out of Reach of Children'; ``(B) the phrase `Underage Sale Prohibited'; and ``(C) if the vapor product includes nicotine in a solution or other form at the time of sale, an accurate statement of the nicotine content. ``(2) Misbranding.--A vapor product whose label is in violation of paragraph (1) is deemed to be a misbranded tobacco product under section 903. ``(e) Annual Registration Requirements for Vapor Product Retailers.-- ``(1) Registration by retailers.--Every person who owns or operates an establishment in any State engaged in the retail sale of a vapor product shall register that establishment with the Secretary by the later of-- ``(A) 60 days after the date of the enactment of the FDA Deeming Authority Clarification Act of 2017; and ``(B) 30 days after first engaging in such retail sale. ``(2) Exclusion.--The requirements of this subsection do not apply with respect to any establishment subject to an active registration or retail license under-- ``(A) any State law relating to tobacco products; or ``(B) section 905. ``(3) Public access to registration information.--The Secretary shall make available for inspection, to any person so requesting, any registration filed under this subsection. ``(f) Vapor Product Defined.--In this section: ``(1) In general.--The term `vapor product'-- ``(A) means any noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from nicotine in a solution or other form; and ``(B) includes-- ``(i) any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device that is intended to produce vapor from nicotine in a solution of other form; and ``(ii) nicotine in a solution or other form, whether in a cartridge or container or otherwise dispensed, that is intended to be used with or in a product described in clause (i). ``(2) Exclusion.--The term `vapor product' does not include any product regulated as a drug or device under chapter V.''. (b) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(eee) The disseminating or causing to be disseminated, by a manufacturer, distributor, or retailer of a vapor product, advertising or labeling of the vapor product in violation of section 921(b). ``(fff) The failure of a person who owns or operates an establishment in any State engaged in the retail sale of a vapor product to register as required by section 921(e).''.

FDA Deeming Authority Clarification Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to: (1) revise premarket review and reporting requirements for products newly deemed by the Food and Drug Administration (FDA) to be tobacco products; and (2) grant the FDA the authority to regulate vapor products, which include products that produce vapor with nicotine (e.g., e-cigarettes) and nicotine intended to be used with such a product (e.g., nicotine cartridges). A product is not subject to premarket review by the FDA if it is marketed before it is deemed a tobacco product. The bill delays deadlines for reports to the FDA on products similar to a marketed product that are introduced to market less than 21 months after that type of product is deemed a tobacco product. The bill grants the FDA regulatory authority over vapor products that is in addition to the FDA's existing authority to regulate vapor products as tobacco products. Provisions of the FFDCA applicable to tobacco product components also apply to vapor product batteries. The FDA must establish standards for vapor product batteries. Vapor products first marketed not later than 24 months after enactment of this bill are not subject to premarket review or reporting requirements based on changes to the product's battery to conform to standards. Vapor products may not be advertised in publications, except publications with adult readership. Vapor products may be sold only face-to-face, through vending machines in facilities where only adults are permitted, or by mail order. Vapor products must be labeled with their nicotine content and specified phrases. Retailers of vapor products must register with the FDA.

FDA Deeming Authority Clarification Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Program Assessment and Results Act''. SEC. 2. FINDINGS. Congress finds that-- (1) inefficiency and ineffectiveness in Federal programs undermines the confidence of the American people in the Government and reduces the Federal Government's ability to adequately address vital public needs; (2) insufficient information on program performance seriously disadvantages Federal managers in their efforts to improve program efficiency and effectiveness; (3) congressional policy making, spending decisions, and program oversight are handicapped by insufficient attention to program performance and results; (4) programs performing similar or duplicative functions that exist within a single agency or across multiple agencies should be identified and their performance and results shared among all such programs to improve their performance and results; (5) advocates of good government continue to seek ways to improve accountability, focus on results, and integrate the performance of programs with decisions about budgets; (6) with the passage of the Government Performance and Results Act of 1993, the Congress directed the executive branch to seek improvements in the effectiveness, efficiency, and accountability of Federal programs by having agencies focus on program results; and (7) the Government Performance and Results Act of 1993 provided a strong framework for the executive branch to monitor the long-term goals and annual performance of its departments and agencies. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to improve the Government Performance and Results Act of 1993 by implementing a program assessment and evaluation process that attempts to determine the strengths and weaknesses of Federal programs with a particular focus on the results produced by individual programs; (2) to use the information gathered in the assessment and evaluation process to build on the groundwork laid in the Government Performance and Results Act of 1993 to help the executive branch make informed management decisions and evidence-based funding requests aimed at achieving positive results; and (3) to provide congressional policy makers the information needed to conduct more effective oversight, to make better- informed authorization decisions, and to make more evidence- based spending decisions that achieve positive results for the American people. SEC. 4. PROGRAM ASSESSMENT. (a) Requirement for Program Assessments.--Chapter 11 of title 31, United States Code, as amended by the Government Performance and Results Act of 1993, is amended by adding at the end the following new section: ``Sec. 1120. Program assessment ``(a) Assessment.--The Director of the Office of Management and Budget to the maximum extent practicable shall conduct, jointly with agencies of the Federal Government, an assessment of each program at least once every 5 fiscal years. ``(b) Assessment Requirements.--In conducting an assessment of a program under subsection (a), the Director of the Office of Management and Budget and the head of the relevant agency shall-- ``(1) coordinate to determine the programs to be assessed; and ``(2) evaluate the purpose, design, strategic plan, management, and results of the program, and such other matters as the Director considers appropriate. ``(c) Criteria for Identifying Programs to Assess.--The Director of the Office of Management and Budget shall develop criteria for identifying programs to be assessed each fiscal year. In developing the criteria, the Director shall take into account the advantages of assessing during the same fiscal year any programs that are performing similar functions, have similar purposes, or share common goals, such as those contained in strategic plans under section 306 of title 5. To the maximum extent possible, the Director shall assess a representative sample of Federal spending each fiscal year. ``(d) Criteria for More Frequent Assessments.--The Director of the Office of Management and Budget shall make every effort to assess programs more frequently than required under subsection (a) in cases in which programs are determined to be of higher priority, special circumstances exist, improvements have been made, or the head of the relevant agency and the Director determine that more frequent assessment is warranted. ``(e) Publication.--At least 90 days before completing the assessments under this section to be conducted during a fiscal year, the Director of the Office of Management and Budget shall-- ``(1) make available in electronic form through the Office of Management and Budget website or any successor website, and provide to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate-- ``(A) a list of the programs to be assessed during that fiscal year; and ``(B) the criteria that will be used to assess the programs; and ``(2) provide a mechanism for interested persons to comment on the programs being assessed and the criteria that will be used to assess the programs. ``(f) Report.--(1) The results of the assessments conducted during a fiscal year shall be submitted in a report to Congress at the same time that the President submits the next budget under section 1105 of this title after the end of that fiscal year. ``(2) The report shall-- ``(A) include the performance goals for each program assessment; ``(B) specify the criteria used for each assessment; ``(C) describe the results of each assessment, including any significant limitation in the assessments; ``(D) describe significant modifications to the Federal Government performance plan required under section 1105(a)(28) of this title made as a result of the assessments; and ``(E) be available in electronic form through the Office of Management and Budget website or any successor website. ``(3) Nothing in this section requires the publication of classified information or the inclusion of classified information in a report under this subsection. ``(g) Termination.--This section shall not be in effect after September 30, 2013.''. (b) Guidance.--Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe guidance to implement the requirements of section 1120 of title 31, United States Code, as added by subsection (a), including guidance on a definition of the term ``program''. (c) Conforming and Clerical Amendments.-- (1) Section 1115(g) of title 31, United States Code, is amended by striking ``1119'' and inserting ``1120''. (2) The table of sections at the beginning of chapter 11 of title 31, United States Code, is amended by adding at the end the following: ``1120. Program assessment.''. SEC. 5. STRATEGIC PLANNING AMENDMENTS. (a) Change in Deadline for Strategic Plan.--Subsection (a) of section 306 of title 5, United States Code, is amended by striking ``No later than September 30, 1997,'' and inserting ``Not later than September 30 of each year following a year in which an election for President occurs, beginning with September 30, 2005,''. (b) Change in Period of Coverage of Strategic Plan.--Subsection (b) of section 306 of title 5, United States Code, is amended to read as follows: ``(b) Each strategic plan shall cover the 4-year period beginning on October 1 of the year following a year in which an election for President occurs.''.

(NOTE: This summary reflects language of the bill text as set forth in House Report 108-768, which differs from the language of the official bill text.) Program Assessment and Results Act - (Sec. 3) States as the purposes of this Act: (1) improving the Government Performance and Results Act of 1993 by implementing a process to determine the strengths and weaknesses of Federal programs, with a particular focus on results produced by individual programs; (2) using information to help the executive branch make informed management decisions and evidence-based funding requests; (3) providing Congress with the information necessary to conduct more effective oversight and make better-informed authorization and spending decisions. (Sec. 4) Requires the Director of the Office of Management and Budget (OMB) to the maximum extent practicable to conduct, jointly with agencies of the Federal Government, an assessment of each Federal program at least once every five fiscal years (program assessments). Requires the Director to: (1) coordinate with Federal agency heads to determine the programs to be assessed and to evaluate the purpose, design, strategic plan, management, and results of such programs; (2) develop criteria for identifying programs to be assessed each fiscal year; (3) assess certain higher priority programs more frequently than once every five years; (4) publish in electronic format and provide to Congress a list of programs to be assessed during a fiscal year and the criteria to be used to assess the programs, and allow interested person to comment on such programs; and (5) provide guidance to Federal agency heads for implementing the requirements of this Act. Requires the Director to report to Congress the results of program assessments conducted during a fiscal year at the same time the President submits the next budget after the end of such fiscal year. Provides for the submission of program assessments containing classified information. Requires that program assessment activities be performed only by Federal employees as inherently Governmental functions. Terminates program assessments after September 30, 2013. (Sec. 5) Changes: (1) the date by which the heads of each Federal agency are required to submit strategic plans for program activities to September 30 of each year following a presidential election, beginning with September 30, 2005; and (2) the period of coverage for strategic plans from five to four years.

To require the review of Government programs at least once every 5 years for purposes of evaluating their performance.

SECTION 1. SOLICITATION OF PROPOSALS. (a) In General.-- (1) Northeast corridor.--Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall issue a request for proposals for projects for the financing, design, construction, and operation of an initial high-speed rail system operating between Washington, DC, and New York City. Such proposals shall be submitted to the Secretary not later than 150 days after the publication of such request for proposals. (2) Other projects.--After a report is transmitted under section 5 with respect to projects described in paragraph (1), the Secretary of Transportation may issue a request for proposals for additional projects for the financing, design, construction, and operation of a high-speed rail system operating on any other corridor in the United States. Such proposals shall be submitted to the Secretary not later than 150 days after the publication of such request for proposals. (b) Contents.--A proposal submitted under subsection (a) shall include-- (1) the names and qualifications of the persons submitting the proposal; (2) a detailed description of the proposed route and its engineering characteristics; (3) the peak and average operating speeds to be attained; (4) the type of equipment to be used, including any technologies for-- (A) maintaining an operating speed the Secretary determines appropriate; or (B) in the case of a proposal submitted under subsection (a)(1), achieving less than 2-hour express service between Washington, DC, and New York City; (5) the locations of proposed stations; (6) a detailed description of any proposed legislation needed to facilitate the project; (7) a financing plan identifying-- (A) sources of revenue; (B) the amount of any proposed public contribution toward capital costs or operations; (C) ridership projections; and (D) the amount of private investment; (8) a description of how the project would contribute to the development of a national high-speed rail system, and an intermodal plan describing how the system will connect with other transportation links; (9) labor protections for existing railroad employees; (10) provisions to ensure that the proposal will be designed to operate in harmony with existing and projected future commuter and freight service; and (11) provisions for full fair market compensation for any asset or service acquired from a private person or entity, except as otherwise agreed to by the private person or entity. (c) Documents.--Documents submitted or developed pursuant to this section shall not be subject to section 552 of title 5, United States Code. SEC. 2. DETERMINATION OF FEASIBILITY AND ESTABLISHMENT OF COMMISSIONS. Not later than 60 days after receipt of a proposal under section 1, the Secretary of Transportation shall-- (1) make a determination as to whether the proposal is feasible; and (2) for each corridor for which one or more feasible proposals are received, establish a commission under section 3. SEC. 3. COMMISSIONS. A commission referred to in section 2(2) shall consist of not more than 19 members, including-- (1) the governor of the affected State or States, or their respective designees; (2) a rail labor representative, and a representative from a rail freight carrier using the relevant corridor, appointed by the Secretary of Transportation, in consultation with the chairman and ranking minority member of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; (3) the Secretary of Transportation or his designee; (4) the president of Amtrak or his designee; (5) the mayors of the three largest municipalities serviced by the proposed high-speed rail corridor; and (6) any other person the Secretary of Transportation considers appropriate. SEC. 4. COMMISSION CONSIDERATION. (a) In General.--Each commission established under section 2(2) shall be responsible for reviewing the proposal or proposals with respect to which the commission was established, and not later than 90 days after the establishment of the commission, shall transmit to the Secretary, and to the chairman and ranking minority member of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report which includes-- (1) a summary of each proposal received; (2) a ranking of the order of the proposals according to feasibility, and cost and benefit to the public; (3) an indication of which proposal or proposals are recommended by the commission; and (4) an identification of any proposed legislative provisions which would facilitate implementation of the recommended project. (b) Verbal Presentation.--Proposers shall be given an opportunity to make a verbal presentation to the commission to explain their proposals. SEC. 5. SELECTION BY SECRETARY. Not later than 60 days after receiving a report from a commission under section 4(a), the Secretary of Transportation shall transmit to the Congress a report that ranks all of the recommended proposals according to feasibility, and cost and benefit to the public. SEC. 6. NORTHEAST CORRIDOR ECONOMIC DEVELOPMENT STUDY. Not later than 9 months after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Congress the results of an economic development study of Amtrak's Northeast Corridor service between Washington, DC, and New York City. Such study shall examine how to achieve maximum utilization of the Northeast Corridor, including-- (1) maximizing the assets of the Northeast Corridor for potential economic development purposes; (2) real estate improvement and financial return; (3) improved commuter and freight services; (4) optimum utility utilization in conjunction with potential separated high-speed rail passenger services; and (5) any other means of maximizing the economic potential of the Northeast Corridor.

Directs the Secretary of Transportation to solicit proposals for projects for the financing, design, construction, and operation of an initial high-speed rail system between Washington, DC, and New York City, New York (Northeast Corridor). Requires the Secretary to: (1) determine whether a proposal is feasible; and (2) establish a commission for each corridor for which one or more feasible proposals are submitted. Directs the Secretary to report to Congress on the results of an economic development study of Amtrak's Northeast Corridor service.

To provide for competitive development and operation of high-speed rail corridor projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marsh-Billings-Rockefeller National Historical Park Establishment Amendments Act of 2010''. SEC. 2. BOUNDARY EXPANSION. Section 3 of the Marsh-Billings-Rockefeller National Historical Park Establishment Act (16 U.S.C. 410vv-1) is amended by striking subsection (b) and inserting the following: ``(b) Boundaries; Map.-- ``(1) In general.--The park shall consist of the following: ``(A) A historic zone, including the Marsh- Billings-Rockefeller Mansion, surrounding buildings, and a portion of the area known as `Mt. Tom', comprising approximately 555 acres, as depicted on the map entitled `Marsh-Billings-Rockefeller National Historical Park Boundary Map' and dated November 19, 1991. ``(B) A protection zone, including the areas occupied by the Billings Farm and Museum, comprising approximately 88 acres, as depicted on the map entitled `Marsh-Billings-Rockefeller National Historical Park Boundary Map' and dated November 19, 1991. ``(C) The King Farm, located in Woodstock, Vermont, comprising approximately 159 acres. ``(2) Revised map.--As soon as practicable after the date of enactment of the Marsh-Billings-Rockefeller National Historical Park Establishment Amendments Act of 2010, the Secretary shall prepare a revised map of the park that reflects the inclusion of the land described in paragraph (1)(C). ``(3) Availability of maps.--The maps described in paragraph (1) and prepared under paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service.''. SEC. 3. ACQUISITION OF LAND. Section 4 of the Marsh-Billings-Rockefeller National Historical Park Establishment Act (16 U.S.C. 410vv-2) is amended-- (1) in subsection (b)-- (A) by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the Secretary may acquire land or an interest in land within the boundary of the park by donation, purchase with donated or appropriated funds, condemnation, transfer from any Federal agency, or exchange. ``(2) Exception.--Any land or interest in land owned by the State of Vermont or a political subdivision of the State may be acquired only by donation.''; and (B) in the first sentence of paragraph (3), by striking ``(3) The Secretary may'' and inserting the following: ``(3) Commercial operations.--The Secretary may''; and (2) by adding at the end the following: ``(e) King Farm.--On acquisition by the Secretary of the land described in section 3(b)(1)(C)-- ``(1) the acquired land shall be added to and administered as part of the park; ``(2) the acquired land shall be used for-- ``(A) agricultural and forestry purposes, including the growing and harvesting of crops and trees, animal husbandry, and other agricultural operations customary in the State of Vermont; ``(B) conservation purposes in a manner that preserves the acquired land in the condition in which the acquired land is in on the date of enactment of this subsection, with an emphasis on preserving existing open fields; and ``(C) educational purposes relating to agriculture, forestry, and conservation activities, including the study of natural history; ``(3) the Secretary may-- ``(A) enter into leases for the use of the acquired land and any buildings on the acquired land if the Secretary determines that the use-- ``(i) is consistent with the purposes of this Act; and ``(ii) would contribute to the management and programs of the park, including accommodating public use and education programs; ``(B) repair, replace, or improve any buildings and structures on the acquired land; and ``(C) construct new buildings or structures on the acquired land if the Secretary determines that the construction-- ``(i) is necessary for the purposes described in paragraph (2); and ``(ii) would be consistent with agricultural buildings in existence on the date of enactment of this subsection.''. SEC. 4. COOPERATIVE AGREEMENTS. Section 6 of the Marsh-Billings-Rockefeller National Historical Park Establishment Act (16 U.S.C. 410vv-4) is amended by striking subsection (a) and inserting the following: ``(a) In General.--Notwithstanding any other provision of law, the Secretary may enter into cooperative agreements with any person or entity that the Secretary determines to be appropriate for the public benefit and purpose of the park and Institute programs and activities, including facility and landscape rehabilitation and preservation, recreation, planning, research, evaluation, interpretation, education, and management.''. SEC. 5. ENDOWMENT; DONATIONS; CONSERVATION STUDY INSTITUTE. Section 7 of the Marsh-Billings-Rockefeller National Historical Park Establishment Act (16 U.S.C. 410vv-5) is amended to read as follows: ``SEC. 7. ENDOWMENT; DONATIONS; CONSERVATION STUDY INSTITUTE. ``(a) Endowment.-- ``(1) In general.--In accordance with paragraph (2), the Secretary may receive and expend funds from-- ``(A) an endowment to be established with the Woodstock Foundation (including successors and assigns of the Foundation) (referred to in this Act as the `Foundation'); and ``(B) an endowment to be established for the King Farm with the Vermont Land Trust (including successors and assigns of the Trust) (referred to in this Act as the `Trust'). ``(2) Conditions.-- ``(A) Authorized uses.--Amounts from the endowments referred to in paragraph (1) shall be expended exclusively as the Foundation or Trust, as applicable, in consultation with the Secretary, may designate for-- ``(i) with respect to the Foundation, the preservation and maintenance of the Marsh- Billings-Rockefeller Mansion and any property adjacent to the Mansion; and ``(ii) with respect to the Trust, the preservation and maintenance of King Farm and associated agriculture, forestry, and conservation education programs. ``(B) Limitation on use of funds.--No expenditure shall be made under this subsection unless the Secretary determines that the expenditure is consistent with the purposes of this Act. ``(b) Donations.--The Secretary may accept donations of funds, property, or services to carry out this Act. ``(c) Conservation Study Institute.-- ``(1) In general.--The Secretary, in collaboration with the University of Vermont, may establish at the park a National Park Service Conservation Study Institute (referred to in this Act as the `Institute'). ``(2) Purpose.--The purposes of the Institute are-- ``(A) to create opportunities within the National Park Service to identify and share innovation through research, evaluation, and dialogue; and ``(B) to identify and exchange best practices and enhance leadership capacity in the field of conservation.''. SEC. 6. MANAGEMENT PLAN. Section 9 of the Marsh-Billings-Rockefeller National Historical Park Establishment Act (16 U.S.C. 410vv-7) is amended-- (1) by striking ``Not later than'' and inserting the following: ``(a) In General.--Not later than''; and (2) by adding at the end the following: ``(b) Revisions.--Not later than 3 complete fiscal years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a revised general management plan for the park.''.

Marsh-Billings-Rockefeller National Historical Park Establishment Amendments Act of 2010 - Amends the Marsh-Billings-Rockefeller National Historical Park Establishment Act to expand the boundary of the Marsh-Billings-Rockefeller National Historical Park in Vermont to include the King Farm in Woodstock, Vermont. Requires King Farm to be added to, and administered as part of, the Park and to be used for agricultural, forestry, conservation, and educational purposes.

A bill to amend the Marsh-Billings-Rockefeller National Historical Park Establishment Act to expand the boundary of the Marsh-Billings-Rockefeller National Historical Park in the State of Vermont, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cuba Normalization Accountability Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Confiscated; confiscation.--The terms ``confiscated'' and ``confiscation'', with respect to property, have the meanings given those terms in section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6091). (2) Cuban assets control regulations.--The term ``Cuban Assets Control Regulations'' means part 515 of title 31, Code of Federal Regulations. (3) Economic embargo of cuba.--The term ``economic embargo of Cuba''-- (A) has the meaning given that term in section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023); and (B) includes restrictions on travel and trade imposed with respect to Cuba under the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.). (4) Export administration regulations.--The term ``Export Administration Regulations'' means subchapter C of chapter VII of title 15, Code of Federal Regulations. (5) United states national.--The term ``United States national'' has the meaning given that term in section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023). SEC. 3. SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) On December 17, 2014, President Barack Obama announced his plan to revise United States policy with respect to Cuba by promising engagement and to ``normalize relations''. (2) The President, through the Department of the Treasury and the Department of Commerce, has issued revisions to the Cuban Assets Control Regulations and the Export Administration Regulations relating to easing restrictions on travel to and trade with Cuba. (3) Those revisions have been implemented pursuant to the discretion of the President to modify licensing authorities under the Cuban Assets Control Regulations and the Export Administration Regulations. (4) The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 prohibits the full removal of the economic embargo of Cuba and establishes requirements for discretionary licensing authority including through the following provisions: (A) Section 205(b)(2)(D) of that Act (22 U.S.C. 6065(b)(2)(D)), which requires the President to take into account the extent to which the Government of Cuba is ``taking appropriate steps to return to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government from such citizens and entities on or after January 1, 1959, or to provide equitable compensation to such citizens and entities for such property''. (B) Section 206 of that Act (22 U.S.C. 6066), which sets forth requirements for determining whether a democratically elected government has been established in Cuba and defines such a government as one that ``has made demonstrable progress in returning to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government from such citizens and entities on or after January 1, 1959, or providing full compensation for such property in accordance with international law standards and practice''. (C) Section 103 of that Act of (22 U.S.C. 6033), which prohibits a United States national or a United States agency from knowingly providing financing for transactions involving any property owned by a United States national that was confiscated by the Government of Cuba. (b) Sense of Congress.--It is the sense of Congress that the United States should not further pursue efforts to ease restrictions on travel to or trade with Cuba or to otherwise further normalize relations with Cuba until-- (1) the President submits to Congress the plan described in section 3(b); (2) all property taken by the Cuban Government from United States nationals on or after January 1, 1959, has been returned to such nationals or full compensation for such property has been property has been provided to such nationals; and (3) the Government of Cuba provides secure protection for the internationally recognized human rights of the people of Cuba. SEC. 4. PLAN FOR RESOLVING OUTSTANDING CLAIMS RELATING TO PROPERTY CONFISCATED BY THE GOVERNMENT OF CUBA. (a) In General.--Notwithstanding any other provision of law, the President may not take any action to ease restrictions on travel to or trade with Cuba under the Cuban Assets Control Regulations, the Export Administration Regulations, or any other regulations relating to the economic embargo of Cuba before the date on which the President submits to Congress the plan described in subsection (b). (b) Plan Described.-- (1) In general.--The plan described in this subsection is a plan of the President for resolving outstanding claims relating to confiscated property to ensure that-- (A) all property taken by the Government of Cuba from United States nationals on or after January 1, 1959, has been returned to such nationals; or (B) full compensation for such property has been provided to such nationals. (2) Assessment relating to certain claims.--The President shall include in the plan described in paragraph (1) an assessment of the effect of planned actions to ease the restrictions described in subsection (a) on claims relating to confiscated property considered by the Foreign Claims Settlement Commission of the United States before the date of the enactment of this Act.

Cuba Normalization Accountability Act of 2015 This bill expresses the sense of Congress that the United States should not pursue efforts to ease restrictions on travel to or trade with Cuba, or otherwise normalize relations with Cuba further, until: (1) the President submits to Congress the plan for resolving confiscated property claims, (2) all property taken by the Cuban government from U.S. nationals on or after January 1, 1959, has been returned or full compensation for that property has been provided to them, and (3) the government of Cuba provides secure protection for the internationally recognized human rights of the people of Cuba. The President may not take any action to ease restrictions on travel to or trade with Cuba under the Cuban Assets Control Regulations, the Export Administration Regulations, or any other regulations relating to the economic embargo of Cuba before submitting to Congress the plan for resolving outstanding claims for confiscated property to ensure that: all property taken by the government of Cuba from U.S. nationals on or after January 1, 1959, has been returned to them; or full compensation for such property has been provided to them. The President shall include in the plan an assessment of the effect of planned actions to ease the restrictions on claims relating to confiscated property considered by the Foreign Claims Settlement Commission of the United States before the date of the enactment of this Act.

Cuba Normalization Accountability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Entrepreneur Access to Capital Act''. SEC. 2. CROWDFUNDING EXEMPTION. (a) Securities Act of 1933.--Section 4 of the Securities Act of 1933 (15 U.S.C. 77d) is amended by adding at the end the following: ``(6) transactions involving the offer or sale of securities by an issuer, provided that-- ``(A) the aggregate amount sold within the previous 12-month period in reliance upon this exemption is-- ``(i) $1,000,000, as such amount is adjusted by the Commission to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, or less; or ``(ii) if the issuer provides potential investors with audited financial statements, $2,000,000, as such amount is adjusted by the Commission to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, or less; ``(B) the aggregate amount sold to any investor in reliance on this exemption within the previous 12-month period does not exceed the lesser of-- ``(i) $10,000, as such amount is adjusted by the Commission to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics; and ``(ii) 10 percent of such investor's annual income; ``(C) in the case of a transaction involving an intermediary between the issuer and the investor, such intermediary complies with the requirements under section 4A(a); and ``(D) in the case of a transaction not involving an intermediary between the issuer and the investor, the issuer complies with the requirements under section 4A(b).''. (b) Requirements to Qualify for Crowdfunding Exemption.--The Securities Act of 1933 is amended by inserting after section 4 the following: ``SEC. 4A. REQUIREMENTS WITH RESPECT TO CERTAIN SMALL TRANSACTIONS. ``(a) Requirements on Intermediaries.--For purposes of section 4(6), a person acting as an intermediary in a transaction involving the offer or sale of securities shall comply with the requirements of this subsection if the intermediary-- ``(1) warns investors, including on the intermediary's website used for the offer and sale of such securities, of the speculative nature generally applicable to investments in startups, emerging businesses, and small issuers, including risks in the secondary market related to illiquidity; ``(2) warns investors that they are subject to the restriction on sales requirement described under subsection (e); ``(3) takes reasonable measures to reduce the risk of fraud with respect to such transaction; ``(4) provides the Commission with the intermediary's physical address, website address, and the names of the intermediary and employees of the intermediary, and keep such information up-to-date; ``(5) provides the Commission with continuous investor- level access to the intermediary's website; ``(6) requires each potential investor to answer questions demonstrating-- ``(A) an understanding of the level of risk generally applicable to investments in startups, emerging businesses, and small issuers; ``(B) an understanding of the risk of illiquidity; and ``(C) such other areas as the Commission may determine appropriate by rule or regulation; ``(7) requires the issuer to state a target offering amount and a deadline to reach the target offering amount and ensure the third party custodian described under paragraph (10) withholds offering proceeds until aggregate capital raised from investors other than the issuer is no less than 60 percent of the target offering amount; ``(8) carries out a background check on the issuer's principals; ``(9) provides the Commission and potential investors with notice of the offering, not later than the first day securities are offered to potential investors, including-- ``(A) the issuer's name, legal status, physical address, and website address; ``(B) the names of the issuer's principals; ``(C) the stated purpose and intended use of the proceeds of the offering sought by the issuer; and ``(D) the target offering amount and the deadline to reach the target offering amount; ``(10) outsources cash-management functions to a qualified third party custodian, such as a broker or dealer registered under section 15(b)(1) of the Securities Exchange Act of 1934 or an insured depository institution; ``(11) maintains such books and records as the Commission determines appropriate; ``(12) makes available on the intermediary's website a method of communication that permits the issuer and investors to communicate with one another; ``(13) provides the Commission with a notice upon completion of the offering, which shall include the aggregate offering amount and the number of purchasers; and ``(14) does not offer investment advice. ``(b) Requirements on Issuers if No Intermediary.--For purposes of section 4(6), an issuer who offers or sells securities without an intermediary shall comply with the requirements of this subsection if the issuer-- ``(1) warns investors, including on the issuer's website, of the speculative nature generally applicable to investments in startups, emerging businesses, and small issuers, including risks in the secondary market related to illiquidity; ``(2) warns investors that they are subject to the restriction on sales requirement described under subsection (e); ``(3) takes reasonable measures to reduce the risk of fraud with respect to such transaction; ``(4) provides the Commission with the issuer's physical address, website address, and the names of the principals and employees of the issuers, and keeps such information up-to- date; ``(5) provides the Commission with continuous investor- level access to the issuer's website; ``(6) requires each potential investor to answer questions demonstrating-- ``(A) an understanding of the level of risk generally applicable to investments in startups, emerging businesses, and small issuers; ``(B) an understanding of the risk of illiquidity; and ``(C) such other areas as the Commission may determine appropriate by rule or regulation; ``(7) states a target offering amount and ensures that the third party custodian described under paragraph (9) withholds offering proceeds until the aggregate capital raised from investors other than the issuer is no less than 60 percent of the target offering amount; ``(8) provides the Commission with notice of the offering, not later than the first day securities are offered to potential investors, including-- ``(A) the stated purpose and intended use of the proceeds of the offering sought by the issuer; and ``(B) the target offering amount and the deadline to reach the target offering amount; ``(9) outsources cash-management functions to a qualified third party custodian, such as a broker or dealer registered under section 15(b)(1) of the Securities Exchange Act of 1934 or an insured depository institution; ``(10) maintains such books and records as the Commission determines appropriate; ``(11) makes available on the issuer's website a method of communication that permits the issuer and investors to communicate with one another; ``(12) does not offer investment advice; ``(13) provides the Commission with a notice upon completion of the offering, which shall include the aggregate offering amount and the number of purchasers; and ``(14) discloses to potential investors, on the issuer's website, that the issuer has an interest in the issuance. ``(c) Verification of Income.--For purposes of section 4(6), an issuer or intermediary may rely on certifications as to annual income provided by the person to whom the securities are sold to verify the investor's income. ``(d) Information Available to States.--The Commission shall make the notices described under subsections (a)(9), (a)(13), (b)(8), and (b)(13) and the information described under subsections (a)(4) and (b)(4) available to the States. ``(e) Restriction on Sales.--With respect to a transaction involving the issuance of securities described under section 4(6), a purchaser may not transfer such securities during the 1-year period beginning on the date of purchase, unless such securities are sold to-- ``(1) the issuer of such securities; or ``(2) an accredited investor. ``(f) Construction.-- ``(1) No registration as broker.--With respect to a transaction described under section 4(6) involving an intermediary, such intermediary shall not be required to register as a broker under section 15(a)(1) of the Securities Exchange Act of 1934 solely by reason of participation in such transaction. ``(2) No preclusion of other capital raising.--Nothing in this section or section 4(6) shall be construed as preventing an issuer from raising capital through methods not described under section 4(6).''. (c) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, the Securities and Exchange Commission shall issue such rules as may be necessary to carry out section 4A of the Securities Act of 1933. In issuing such rules, the Commission shall consider the costs and benefits of the action. (d) Disqualification.--Not later than 180 days after the date of the enactment of this Act, the Securities and Exchange Commission shall by rule or regulation establish disqualification provisions under which an issuer shall not be eligible to utilize the exemption under section 4(6) of the Securities Act of 1933 based on the disciplinary history of the issuer or its predecessors, affiliates, officers, directors, or persons fulfilling similar roles. The Commission shall also establish disqualification provisions under which an intermediary shall not be eligible to act as an intermediary in connection with an offering utilizing the exemption under section 4(6) of the Securities Act of 1933 based on the disciplinary history of the intermediary or its predecessors, affiliates, officers, directors, or persons fulfilling similar roles. Such provisions shall be substantially similar to the disqualification provisions contained in the regulations adopted in accordance with section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 77d note). SEC. 3. EXCLUSION OF CROWDFUNDING INVESTORS FROM SHAREHOLDER CAP. Section 12(g)(5) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(g)(5)) is amended-- (1) by striking ``(5) For the purposes'' and inserting: ``(5) Definitions.-- ``(A) In general.--For the purposes''; and (2) by adding at the end the following: ``(B) Exclusion for persons holding certain securities.--For purposes of this subsection, securities held by persons who purchase such securities in transactions described under section 4(6) of the Securities Act of 1933 shall not be deemed to be `held of record'.''. SEC. 4. PREEMPTION OF STATE LAW. (a) In General.--Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) section 4(6);''. (b) Clarification of the Preservation of State Enforcement Authority.-- (1) In general.--The amendments made by subsection (a) relate solely to State registration, documentation, and offering requirements, as described under section 18(a) of Securities Act of 1933 (15 U.S.C. 77r(a)), and shall have no impact or limitation on other State authority to take enforcement action with regard to an issuer, intermediary, or any other person or entity using the exemption from registration provided by section 4(6) of such Act. (2) Clarification of state jurisdiction over unlawful conduct of intermediaries, issuers, and custodians.--Section 18(c)(1) of the Securities Act of 1933 is amended by striking ``with respect to fraud or deceit, or unlawful conduct by a broker or dealer, in connection with securities or securities transactions.'' and inserting the following: ``, in connection with securities or securities transactions, with respect to-- ``(A) fraud or deceit; ``(B) unlawful conduct by a broker or dealer; and ``(C) with respect to a transaction described under section 4(6), unlawful conduct by an intermediary, issuer, or custodian.''. Passed the House of Representatives November 3, 2011. Attest: KAREN L. HAAS, Clerk.

Entrepreneur Access to Capital Act - (Sec. 2) Amends the Securities Act of 1933 to exempt from its registration requirements and prohibitions any transactions involving the offer or sale of (crowdfunded) securities by an issuer if the aggregate amount sold within the previous 12-month period in reliance upon the exemption is: (1) $1 million, adjusted for inflation, or less; or (2) $2 million, adjusted for inflation, or less if the issuer provides potential investors with audited financial statements. Requires the aggregate amount sold to any investor in reliance on this exemption within the previous 12-month period, in either case, not to exceed the lesser of $10,000, adjusted for inflation, or 10% of the investor's annual income. (Crowdfunding is a method of capital formation where groups of people pool money, typically composed of very small individual contributions, and often via internet platforms, to invest in a company or otherwise support an effort by others to accomplish a specific goal.) Requires an intermediary between the issuer and the investor, if there is one, and an issuer, if there is no intermediary, to meet specified requirements. Requires both intermediaries and issuers (if there is no intermediary) with respect to such exempted transactions to: (1) warn investors of the speculative nature generally applicable to investments in startups, emerging businesses, and small issuers; (2) warn investors that there are restrictions on the re-sale of the securities; (3) take reasonable measures to reduce the risk of fraud with respect to the transaction; (4) provide the Securities and Exchange Commission (SEC) with information about the intermediary or about the issuer and the offering, as the case may be; (5) provide the SEC with continuous investor-level access to the intermediary's or the issuer's website; (6) require each investor to answer questions demonstrating a basic understanding of the nature of the securities offered, including the risk of illiquidity; (7) outsource cash-management functions to a qualified third party custodian; (8) maintain books and records the SEC deems appropriate; (9) allow for communication between the issuer and investors via the intermediary's or the issuer's website; (10) not offer investment advice; and (11) notify the SEC upon completion of the offering. Requires the issuer (and requires an intermediary to require the issuer) to state a target offering amount as well as a deadline to reach it, and ensure that the third party custodian withholds offering proceeds until the aggregate capital raised from investors other than the issuer is no less than 60 % of the target offering amount. Requires an intermediary, in addition, to: (1) carry out background checks on the issuer's principals, and (2) provide the SEC and potential investors with information about the issuer and the offering. Requires an issuer to disclose its interest in the issuance to investors. Authorizes an issuer or intermediary to rely upon certifications as to annual income provided by the person to whom the securities are sold to verify the investor's income. Directs the SEC to make available to the states information it receives about the intermediary, issuer, and offering. Restricts investor sales of certain securities during the one-year period beginning on the date of purchase, unless such securities are sold to either the issuer of the securities or to an accredited investor. Declares that an intermediary shall not be treated as a broker under the securities laws solely by reason of participation in a crowdfunded transaction. States that this Act does not preclude an issuer from raising capital through other means. Directs the SEC to establish disqualification criteria that render either an issuer or intermediary ineligible to utilize a specified exemption under the Securities Act of 1933 based upon the disciplinary history of the issuer or its predecessors, affiliates, officers, directors, or persons fulfilling similar roles. Requires such criteria to be substantially similar to rules adopted for disqualifying felons from Regulation D offerings in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act. (Sec. 3) Amends the Securities Exchange Act of 1934 to exclude securities held by persons who purchase them in crowdfunded transactions under this Act from application of the 500-to-750 shareholder "held of record" criterion for a class of equity security subject to mandatory registration. (Sec. 4) Amends the Securities Act of 1933 to exempt such crowdfunded securities from state regulation of securities offerings; but retains state jurisdiction over fraud, deceit, or the unlawful conduct of intermediaries, issuers, and custodians.

To amend the securities laws to provide for registration exemptions for certain crowdfunded securities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Threat Alert Reimbursement (STAR) Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) States and local governments are acting on behalf of the Federal Government to protect and defend our homeland. (2) States and local governments are in the midst of the worst budget crisis since the Great Depression. (3) Cash-strapped States and local governments are further burdened by expenditures relating to increased homeland security threat alert mitigation. (4) According to a survey by the United States Conference of Mayors, cities nationwide with populations of between 30,000 and 8,000,0000 are spending more than $70,000,000 per week on additional homeland security measures during the effective period of a high threat condition (Code Orange) or severe threat condition (Code Red) declared by the Secretary of Homeland Security. (5) These direct costs are in addition to existing homeland security spending (or spending commitments) since the terrorist attacks on New York City and the Washington metropolitan area on September 11, 2001. SEC. 3. REIMBURSEMENT. (a) In General.--The Secretary of Homeland Security shall pay to a State in accordance with this section reimbursement for the direct expenses and losses incurred by State or local government entities of the State in the course of duty during the effective period of an increased threat alert, that are in excess of normal operating expenses. (b) Submission of Requests.-- (1) In general.--The Governor of any State may submit to the Secretary of Homeland Security a request for reimbursement under this section-- (A) by not later than 90 days after the declaration of an elevated threat condition with respect to which the reimbursement is requested; and (B) in the case of such a condition that is in effect for more than 90 days, at such times thereafter as may be prescribed by the Secretary. (2) Supporting information.--A Governor shall include in a request under this subsection such supporting information as the Secretary may prescribe. (3) Application by internet.--The Secretary shall provide for the submission of requests under this subsection by use of the Internet. (c) Determination and Payment.-- (1) In general.--Upon receipt of a request under subsection (b), the Secretary shall-- (A) determine the amount of direct expenses and losses that may be reimbursed under this section pursuant to the request; and (B) pay that amount to the State. (2) Subject to appropriations.--The requirement to make payments under this section is subject to the availability of appropriations for such payments. (3) Congressional notification.--Before making any payment to a State under this section in an amount greater than $20,000,000, the Secretary shall notify-- (A) the Select Committee on Homeland Security of the House of Representatives; and (B) the Committee on Governmental Affairs of the Senate. SEC. 4. DEFINITIONS. In this Act: (1) Direct expenses and losses.--The term ``direct expenses and losses''-- (A) means expenses and losses that would not have been incurred if there had not been in effect an elevated threat condition; and (B) includes (subject to subparagraph (A))-- (i) salaries for specially employed personnel; (ii) overtime pay; (iii) the cost of supplies expended; and (iv) the depreciated value of equipment destroyed or damaged; and (C) does not include-- (i) the costs of ordinary wages of personnel of a State or local government entity; (ii) overhead costs; or (iii) depreciation (if calculated in ways other than use during an emergency). (2) In excess of normal operating expenses.--The term ``in excess of normal operating expenses''-- (A) means costs, losses, and expenses that-- (i) are not ordinarily and necessarily associated with the maintenance, administration, and day-to-day operations of a State or local government entity; and (ii) would not have been incurred if there were not in effect an elevated threat condition; (B) includes (subject to subparagraph (A)-- (i) administrative expenses; (ii) costs of employee benefits, insurance, disability, death, litigation, or health care; and (iii) costs associated with obtaining a payment under this Act. (3) State or local government entity.--The term ``State or local government entity'' means any agency or authority of-- (A) a State government; or (B) any county, city, or other local governmental administrative body that has fiscal responsibility and budgetary authority over the provision of governmental services. (4) Elevated threat condition.--The term ``elevated threat condition'' means any high threat condition (Code Orange) or severe threat condition (Code Red) declared by the Secretary of Homeland Security. (5) Normal operating costs.--The term ``normal operating costs'' means costs ordinarily incurred in performing functions of a State or local government entity.

State Threat Alert Reimbursement (STAR) Act of 2003 - Requires the Secretary of Homeland Security to reimburse a State for direct expenses and losses that exceed normal operating expenses incurred by State or local government entities in the course of duty during the effective period of an increased threat alert. Allows the Governor of any State to submit a request for reimbursement by not later than 90 days after the declaration of the elevated threat condition. Instructs the Secretary to provide for the submission of requests by use of the Internet. Requires the Secretary to notify the Select Committee on Homeland Security of the House of Representatives and the Committee on Governmental Affairs of the Senate before making any payment of greater than $20 million to a State under this Act.

To direct the Secretary of Homeland Security to reimburse States for direct expenses and losses incurred by State and local government entities during the effective period of a high threat condition (Code Orange) or severe threat condition (Code Red) declared by the Secretary of Homeland Security, that are in excess of normal operating expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Military Families Act of 2009''. TITLE I--GENERAL REQUIREMENTS FOR LEAVE SEC. 101. DEFINITION OF COVERED ACTIVE DUTY. (a) Definition.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended-- (1) by striking paragraph (14) and inserting the following: ``(14) Covered active duty.--The term `covered active duty' means-- ``(A) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and ``(B) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code.''; and (2) by striking paragraph (15) and redesignating paragraphs (16) through (19) as paragraphs (15) through (18), respectively. (b) Leave.--Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended-- (1) in subsection (a)(1)(E)-- (A) by striking ``active duty'' each place it appears and inserting ``covered active duty''; and (B) by striking ``in support of a contingency operation''; and (2) in subsection (e)(3)-- (A) in the paragraph heading, by striking ``active duty'' and inserting ``covered active duty''; (B) by striking ``active duty'' each place it appears and inserting ``covered active duty''; and (C) by striking ``in support of a contingency operation''. (c) Conforming Amendment.--Section 103(f) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613(f)) is amended, in the subsection heading, by striking ``Active Duty'' each place it appears and inserting ``Covered Active Duty''. SEC. 102. DEFINITION OF COVERED SERVICEMEMBER. Paragraph (15) of section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) (as redesignated by section 101) is amended to read as follows: ``(15) Covered servicemember.--The term `covered servicemember' means-- ``(A) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or ``(B) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.''. SEC. 103. DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN. Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is further amended by striking paragraph (18) (as redesignated by section 101) and inserting the following: ``(18) Serious injury or illness.--The term `serious injury or illness'-- ``(A) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and ``(B) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (15)(B), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. ``(19) Veteran.--The term `veteran' has the meaning given the term in section 101 of title 38, United States Code.''. SEC. 104. TECHNICAL AMENDMENT. Section 102(e)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) is amended by striking ``or parent'' and inserting ``parent, or next of kin''. SEC. 105. REGULATIONS. The Secretary of Labor, after consultation with the Secretary of Defense and Secretary of Veterans Affairs, shall prescribe such regulations as are necessary to carry out the amendments made by this title. TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES SEC. 201. EXIGENCY LEAVE FOR SERVICEMEMBERS ON COVERED ACTIVE DUTY. (a) Definition.--Section 6381(7) of title 5, United States Code, is amended to read as follows: ``(7) the term `covered active duty' means-- ``(A) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and ``(B) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code;''. (b) Leave.--Section 6382 of title 5, United States Code, is amended-- (1) in subsection (a)(1), by adding at the end the following: ``(E) Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.''; (2) in subsection (b)(1), by inserting after the second sentence the following: ``Subject to subsection (e)(3) and section 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.''; (3) in subsection (d), by striking ``or (D)'' and inserting ``(D), or (E)''; and (4) in subsection (e), by adding at the end the following: ``(3) In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable, whether because the spouse, or a son, daughter, or parent, of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty, the employee shall provide such notice to the employer as is reasonable and practicable.''. (c) Certification.--Section 6383(f) of title 5, United States Code, is amended by striking ``section 6382(a)(3)'' and inserting ``paragraph (1)(E) or (3) of section 6382(a)''. SEC. 202. DEFINITION OF COVERED SERVICEMEMBER. Paragraph (8) of section 6381 of title 5, United States Code, is amended to read as follows: ``(8) the term `covered servicemember' means-- ``(A) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or ``(B) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy;''. SEC. 203. DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN. Section 6381 of title 5, United States Code, is further amended-- (1) in paragraph (10), by striking ``and'' at the end; and (2) by striking paragraph (11) and inserting the following: ``(11) the term `serious injury or illness'-- ``(A) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and ``(B) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (8)(B), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran; and ``(12) the term `veteran' has the meaning given the term in section 101 of title 38, United States Code.''. SEC. 204. TECHNICAL AMENDMENT. Section 6382(e)(2)(A) of title 5, United States Code, is amended by striking ``or parent'' and inserting ``parent, or next of kin''. SEC. 205. REGULATIONS. The Office of Personnel Management, after consultation with the Secretary of Defense and Secretary of Veterans Affairs, shall prescribe such regulations as are necessary to carry out the amendments made by this title.

Supporting Military Families Act of 2009 - Amends the Family and Medical Leave Act of 1993 to revise its requirements for exigency leave with respect to employees belonging to the family of members of the Armed Forces, particularly the requirement that an employee's spouse, son, daughter, or parent be on active duty in the Armed Forces in support of a contingency operation. Repeals the condition "in support of a contingency operation," and requires only that the Armed Forces member be on duty during deployment to a foreign country. Entitles to coverage by the Act an eligible employee who is a family member caring for a veteran undergoing medical treatment, recuperation, or therapy for a serious injury or illness who was a member of the Armed Forces (or of the National Guard or Reserves) at any time during the five-year period preceding the date on which the veteran undergoes that treatment, recuperation, or therapy. Defines a veteran's serious injury or illness of a veteran to be one: (1) incurred by the veteran as an Armed Forces member in the line of duty while on active duty in the Armed Forces, or which existed before the beginning of the member's active duty but was aggravated by service in line of duty on active duty in the Armed Forces; and (2) that manifested itself before or after the Armed Forces member became a veteran. Amends federal civil service law to entitle civilian federal employees to the same leave allowance with respect to family members who are: (1) members of the Armed Forces in deployment to a foreign country; or (2) ill or injured veterans for whom they are caring.

To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to provide leave for family members of members of regular components of the Armed Forces, and leave to care for covered veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tele-Care Act of 2009''. SEC. 2. MEDICARE PAYMENT FOR UNSCHEDULED PHYSICIAN TELEPHONE SERVICES. (a) Coverage Under Part B.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (DD), by striking ``and'' at the end; (B) in subparagraph (EE), by adding at the end ``and''; and (C) by adding at the end the following new subparagraph: ``(FF) subject to section 2(c) of the Tele-Care Act of 2009, unscheduled telephone consultation services (as defined in subsection (hhh)(1)) by a licensed health care practitioner, as defined by the Secretary (such as a physician, nurse practitioner, physician assistant, or nurse midwife), with respect to the furnishing of primary care services to an individual, if-- ``(i) the Medicare number of the individual is associated with the national provider identifier of the licensed health care practitioner; ``(ii) to ensure the quality and appropriateness of such consultation services, the utilization of such services by the individual can be reviewed by a utilization and quality control peer review organization or eligible entity with which the Secretary has entered into a contract under part B of title XI or section 1893, respectively, by the organization or entity applying for purposes of the review under this subparagraph the processes and standards used by such organization or entity under such part or section, respectively, in the same manner that such processes and standards apply for purposes of carrying out utilization and quality review under such part or section, respectively; ``(iii) such consultation services are securely recorded by the Secretary (or an entity described in subsection (hhh)(1) with which the Secretary enters into a contract) for purposes of appropriate review by peers of the licensed health care practitioner who practice in the same medical specialty as the licensed health care practitioner and Medicare administrative contractor oversight of such services; and ``(iv) the licensed health care practitioner provides for the submission to the Secretary (or an entity described in subsection (hhh)(1) with which the Secretary enters into a contract) and the Secretary (or such an entity) records and maintains a summary of each such consultation service furnished by the licensed health care practitioner that includes-- ``(I) the date and time (including duration) of the consultation service; ``(II) a unique medical record number specified by the Secretary (or such entity) to identify the consultation service; ``(III) the name of the individual; ``(IV) the name of the licensed health care practitioner; and ``(V) a summary of the content of the consultation service;''. (2) Unscheduled telephone consultation services defined.-- Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Unscheduled Telephone Consultation Services ``(hhh)(1) The term `unscheduled telephone consultation service' means a consultation conducted by means of telephone or similar electronic communication device between a licensed health care practitioner described in subsection (s)(2)(FF) and an individual (or a representative of such individual), with respect to the furnishing of primary care services to such individual, that is not included as a scheduled physician service (as defined by the Secretary in regulations), and which is initiated by the individual (or representative) contacting a communication network operated by the Secretary (or an entity with which the Secretary enters into a contract) that connects the individual to the licensed health care practitioner, securely records the consultation for purposes of subsection (s)(2)(FF), and maintains the information described in clause (iv) of such subsection with respect to such consultation. ``(2) For purposes of applying the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2033) with respect to an unscheduled telephone consultation service furnished by a licensed health care practitioner-- ``(A) an entity with which the Secretary contracts under this subsection shall be treated as a health oversight agency; and ``(B) activities of such an entity described in subparagraph (A) in relation to such licensed health care practitioner and such unscheduled telephone consultation service are deemed to be health oversight activities.''. (b) Payment Under Physician Fee Schedule.--Section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(FF),'' after ``(2)(EE),''. (c) Contingent Effective Date, Demonstration Program.-- (1) Contingent effective date.--The amendments made by this section shall become effective (if at all) in accordance with paragraph (2). (2) Demonstration program.-- (A) In general.--The Secretary of Health and Human Services (in this paragraph referred to as the ``Secretary'') shall establish a demonstration program to begin not later than 6 months after the date of the enactment of this Act to test the effectiveness of providing coverage under the Medicare program for unscheduled telephone consultation services (as defined in section 1861(hhh) of the Social Security Act, as added by subsection (a)(2)), by licensed health care practitioners to the extent provided under the amendments made by this section to a sample group of Medicare beneficiaries. For purposes of such demonstration program, the Secretary shall find that the provision of such coverage is effective if-- (i) the coverage reduces costs to the Medicare program (such as through a reduction in admissions to the emergency departments of hospitals), whether or not such reduction is demonstrated in a reduction in the facility fees of hospital emergency departments, professional fees of emergency department licensed health care practitioners, laboratory fees, pathologist fees, hospital radiology department fees for technical components of x- rays, radiologist professional fees for interpreting x-rays, hospital respiratory department fees for respiratory treatments, hospital cardiology department fees for electrocardiograms, professional fees for interpreting such electrocardiograms, or any other cost specified by the Secretary; and (ii) the coverage results in patient health outcomes that are at least as favorable as would apply in the absence of such coverage (as determined in accordance with criteria established by the Centers for Medicare & Medicaid Services, in consultation with physician organizations). (B) Initial period of demonstration program.--The demonstration program under subparagraph (A) shall be conducted for an initial period of 24 months. (C) Report to congress.-- (i) In general.--Not later than 30 days after the last day of the initial period under subparagraph (B), the Secretary shall submit to Congress a report on the results of the demonstration program under this paragraph. (ii) Finding that payments are effective.-- If the Secretary finds, on the basis of the data derived from the demonstration program under subparagraph (A) and in accordance with such subparagraph, that providing coverage under the Medicare program for unscheduled telephone consultation services by licensed health care practitioners (to the extent provided under the amendments made by this section) is effective, the amendments made by this section shall become effective on the first day of the first month beginning after the date the report under clause (i) is submitted to Congress. (iii) Finding that payments are not effective.--If the Secretary finds, on the basis of the data derived from the demonstration program under subparagraph (A) and in accordance with such subparagraph, that a finding of effectiveness (as described in clause (ii)) cannot be made, the demonstration program shall continue for a period of an additional 24 months. Not later than 30 days after the last day of such period, the Secretary shall submit to Congress a final report on the results of such program. The amendments made by this section shall become effective on the first day of the first month beginning after the date such report is submitted to Congress unless the report contains a finding by the Secretary, on the basis of such data and in accordance with such subparagraph, that providing coverage under the Medicare program for unscheduled telephone consultation services by licensed health care practitioners (to the extent provided under the amendments made by this section) is not effective, in which case the amendments made by this section shall not become effective. (d) Clarification.--Nothing in the provisions of this section or the amendments made by this section shall be construed as authorizing the creation of a national reporting system on licensed health care practitioner quality.

Tele-Care Act of 2009 - Amends title XVIII (Medicare) to provide for coverage under Medicare part B (Supplemental Security Income) (SSI) of unscheduled physician telephone services by a licensed health care practitioner, subject to certain requirements. Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program to test the effectiveness of such coverage.

To amend title XVIII of the Social Security Act to provide payments under the Medicare Program to licensed health care practitioners for unscheduled telephone consultation services in the case that such payments are determined to be cost and quality effective.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Comprehensive Hepatitis C Health Care Act''. SEC. 2. COMPREHENSIVE HEPATITIS C HEALTH CARE TESTING AND TREATMENT PROGRAM FOR VETERANS. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1720E the following new section: ``Sec. 1720F. Hepatitis C testing and treatment ``(a) Initial Testing.--(1) During the one-year period beginning on the date of the enactment of the Veterans Comprehensive Hepatitis C Health Care Act, the Secretary shall provide a blood test for the Hepatitis C virus to-- ``(A) each veteran who served in the active military, naval, or air service during the Vietnam era or who is considered to be `at risk,' and is enrolled to receive care under section 1710 of this title who requests the test or is otherwise receiving a physical examination or any care or treatment from the Secretary; and ``(B) to any other veteran who requests the test. ``(2) After the end of the period referred to in paragraph (1), the Secretary shall provide a blood test for the Hepatitis C virus to any veteran who requests the test. ``(b) Followup Testing and Treatment.--In the case of any veteran who tests positive for the Hepatitis C virus, the Secretary-- ``(1) shall provide such followup tests as are considered medically appropriate; and ``(2) shall provide appropriate treatment for that veteran in accordance with the national protocol for the treatment of Hepatitis C. ``(c) Status of Care.--(1) Treatment shall be provided under subsection (b) without regard to whether the Hepatitis C virus is determined to be service-connected and without regard to priority group categorization of the veteran. No copayment may be charged for treatment under subsection (b), and no third-party reimbursement may be sought or accepted, under section 1729 of this title or any other provision of law, for testing or treatment under subsection (a) or (b). ``(2) Paragraph (1) shall cease to be in effect upon the effective date of a determination by the Secretary or by Congress that the occurrence of the Hepatitis C virus in specified veterans shall be presumed to be service-connected. ``(d) Staffing.--(1) The Secretary shall require that each Department medical center employ at least one full-time gastroenterologist, hepatologist, or other qualified physician to provide tests and treatment for the Hepatitis C virus under this section. ``(2) The Secretary shall, to the extent practicable, ensure that each Department medical center has at least one staff member assigned to work, in coordination with Hepatitis C medical personnel, to coordinate treatment options for Hepatitis C patients and provide information and counseling for those patients and their families. Such a staff member should preferably be trained in psychology or psychiatry or be a social worker. ``(3) In order to improve treatment provided to veterans with the Hepatitis C virus, the Secretary shall provide increased training options to Department health care personnel.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720E the following new item: ``1720F. Hepatitis C testing and treatment.''. SEC. 3. FUNDING FOR HEPATITIS C PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Program Account.--Beginning with fiscal year 2004, amounts appropriated for the Department of Veterans Affairs for Hepatitis C detection and treatment shall be provided, within the ``Medical Care'' account, through the ``Specific Purpose'' subaccount, rather than the ``VERA'' subaccount. (b) Allocation of Funds to VISNs.--In allocating funds appropriated for the Department of Veterans Affairs for the ``Medical Care'' account to the Veterans Integrated Service Networks, the Secretary of Veterans Affairs shall allocate funds for detection and treatment of the Hepatitis C virus based upon incidence rates of that virus among veterans (rather than based upon the overall population of veterans) in each such network. (c) Limitation on Use of Funds.--Amounts appropriated for the Department of Veterans Affairs for Hepatitis C detection and treatment through the ``Specific Purpose'' subaccount may not be used for any other purpose. SEC. 4. NATIONAL POLICY. (a) Standardized Nationwide Policy.--The Secretary of Veterans Affairs shall develop and implement a standardized policy to be applied throughout the Department of Veterans Affairs health care system with respect to the Hepatitis C virus. The policy shall include the testing protocol for the Hepatitis C virus, treatment options, education and notification efforts, and establishment of a specific Hepatitis C diagnosis code for measurement and treatment purposes. (b) Outreach.--The Secretary shall, on an annual basis, take appropriate actions to notify veterans who have not been tested for the Hepatitis C virus of the need for such testing and the availability of such testing from the Department of Veterans Affairs. SEC. 5. HEPATITIS C CENTERS OF EXCELLENCE. (a) Establishment.--The Secretary of Veterans Affairs shall establish at least one, and not more than three, additional Hepatitis C centers of excellence or additional sites at which activities of Hepatitis C centers of excellence are carried out. Each such additional center or site shall be established at a Department of Veterans Affairs medical center in one of the five geographic service areas (known as a Veterans Integrated Service Network) with the highest case rate of Hepatitis C in fiscal year 1999. (b) Funding.--Funding for the centers or sites established under subsection (a) shall be provided from amounts available to the Central Office of the Department of Veterans Affairs and shall be in addition to amounts allocated for Hepatitis C pursuant to section 3.

Veterans Comprehensive Hepatitis C Health Care Act - Directs the Secretary of Veterans Affairs, during the first year after the enactment of this Act, to provide a blood test for the Hepatitis C virus to: (1) each veteran who served on active military duty during the Vietnam era, or who is considered to be "at risk," and who is enrolled to receive veterans' medical care and requests such care or is otherwise receiving a physical examination or any other care or treatment from the Secretary; and (2) any other veteran who requests such test. Requires the Secretary, after such period, to provide such test to any veteran who requests it. Requires the Secretary to provide followup tests and appropriate treatment for any veteran who tests positive. Prohibits a copayment from being charged for such treatment.Provides funding for Department Hepatitis C detection and treatment programs, beginning with FY 2004.Directs the Secretary to: (1) develop and implement a standardized Department policy with respect to such virus; and (2) annually take appropriate outreach actions to notify untested veterans.Directs the Secretary to establish at least one and no more than three additional Hepatitis C centers of excellence within the Department health care network. Provides funding.

To amend title 38, United States Code, to establish a comprehensive program for testing and treatment of veterans for the Hepatitis C virus.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Services in Public Health Emergencies Act''. SEC. 2. GRANTS TO STATES AND POLITICAL SUBDIVISIONS FOR MENTAL HEALTH SERVICES IN RESPONSE TO PUBLIC HEALTH EMERGENCIES. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the end the following: ``SEC. 520K. GRANTS TO STATES AND POLITICAL SUBDIVISIONS FOR MENTAL HEALTH SERVICES IN RESPONSE TO PUBLIC HEALTH EMERGENCIES. ``(a) In General.--The Secretary, acting through the Director of the Center for Mental Health Services, may make grants to States and political subdivisions of States for the purpose of providing the mental health services described in subsection (b) in response to public health emergencies, including diseases or disorders that present such emergencies, natural disasters, major transportation accidents, technological disasters, and disasters resulting from terrorism. ``(b) Services.--The mental health services referred to in subsection (a) with respect to a public health emergency are the following: ``(1) Crisis counseling in the aftermath of such emergency. ``(2) In the case of children, adolescents, and adults at risk of developing mental health disorders as a result of such emergency-- ``(A) outreach and screening programs to identify such individuals; and ``(B) early intervention services, including counseling. ``(3) Mental health services beyond such crisis counseling (referred to in this section as `extended therapeutic services') that-- ``(A) are provided to individuals with diagnosed mental health disorders resulting from or exacerbated by the emergency, including disaster survivors, family members of victims, first responders, and others with such disorders; and ``(B) are provided by mental health professionals who are licensed or otherwise regulated by a State agency. ``(4) Assessments of the need for extended therapeutic services. ``(5) Case finding and other outreach services to inform the public of the availability of crisis counseling and extended therapeutic services. ``(c) Relation to Other Sources of Funding.--A condition for the receipt of a grant under subsection (a) is that the applicant involved agrees as follows: ``(1) With respect to activities for which the grant is authorized to be expended, the applicant will maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures maintained by the applicant for the fiscal year preceding the first fiscal year for which the applicant receives such a grant. ``(2) The grant will not be expended to make payment for the provision of extended therapeutic services for an individual to the extent that payment has been made, or can reasonably be expected to be made, for the services-- ``(A) under a State compensation program, under an insurance policy, or under a Federal or State health benefits program; or ``(B) by an entity that provides health services on a prepaid basis. ``(3) The grant will not be expended to make payment for the provision of mental health services to the extent that such services are available pursuant to responses to the public health emergency involved by the Federal Emergency Management Agency, or by other Federal or State agencies or programs that provide for emergency medical services. ``(d) Statewide Mental Health Disaster Plan.-- ``(1) In general.--For fiscal year 2008 and each subsequent fiscal year, a condition for the receipt of a grant under subsection (a) by a State or a political subdivision is that, in accordance with criteria established by the Secretary, the State has developed a statewide plan for the provision of mental health services in response to public health emergencies. The preceding sentence applies without regard to whether the State receives a grant under section 520L. ``(2) Certain criteria of secretary.--The criteria of the Secretary under paragraph (1) shall include criteria for coordinating the program under this section with programs of the Federal Emergency Management Agency and with other Federal or State programs regarding the provision of emergency medical services, including mental health services. ``(e) Administration of Grant Through State and Local Mental Health Agencies.--A condition for the receipt of a grant under subsection (a) is that the applicant involved agrees that the grant and activities under the grant will be administered through the agency of the State or political subdivision (as the case may be) that has the principal responsibility for carrying out mental health programs. ``(f) Certain Requirements.--With respect to an application that, pursuant to section 501(l), is submitted to the Secretary for a grant under subsection (a), the Secretary may make the grant only if the application contains-- ``(1) a description of the purposes for which the applicant intends to expend the grant; ``(2) an assurance that the activities to be carried out under the grant are consistent with the State plan referred to in subsection (d)(1), as applicable, together with a description of the manner in which the grant activities will be coordinated with the State plan; ``(3) an assurance that the applicant will coordinate activities under the grant with other public or private providers of mental health services, together with a description of the manner in which the grant activities will be so coordinated; and ``(4) in the case of an application from a political subdivision, an assurance that the application was developed in consultation with the State agency referred to in subsection (e). ``(g) Duration of Grant.--The period during which payments are made to an applicant from a grant under subsection (a) may not exceed three years. The provision of such payments are subject to annual approval by the Secretary of the payments and to the availability of appropriations for the fiscal year involved to make the payments. This subsection may not be construed as establishing a limitation on the number of grants under such subsection that may be made to an applicant. ``(h) Technical Assistance.--The Secretary may, directly or through grants or contracts, provide technical assistance to grantees under subsection (a) in carrying out the purpose described in such subsection. ``(i) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 through 2010. ``(2) Allocation.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary may obligate not more than 5 percent for the administrative expenses of the Secretary in carrying out this section.''. SEC. 3. GRANTS TO STATES FOR STATEWIDE MENTAL HEALTH DISASTER PLANS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.), as amended by section 2, is amended by adding at the end the following: ``SEC. 520L. GRANTS TO STATES FOR STATEWIDE MENTAL HEALTH DISASTER PLANS. ``(a) In General.--The Secretary, acting through the Director of the Center for Mental Health Services, may make grants to States for the purpose of-- ``(1) developing, and periodically reviewing and as appropriate revising, statewide plans for providing mental health services in response to public health emergencies; ``(2) training personnel to implement such plan effectively; and ``(3) carrying out other activities determined appropriate by the Secretary to prepare for the provision of mental health services in response to such emergencies. ``(b) Certain Requirements.--A condition for the receipt of a grant under subsection (a) is that the State involved agrees that the statewide plan under such subsection will with respect to public health emergencies include provisions for each of the following: ``(1) Providing mental health services relating to crisis counseling, outreach and screening programs, early intervention services, extended therapeutic services, needs assessments, and case finding and other outreach services, taking into account the need for increased capacity to provide services pursuant to such emergencies. ``(2) As necessary, carrying out paragraph (1) with respect to special populations such as children, the elderly, individuals with disabilities, and individuals with pre- existing mental health disorders. ``(3) Coordinating the provision of mental health services with appropriate public and private providers of emergency medical services and with Federal, State, and local programs that provide funding for such services. ``(4) Coordinating with local educational agencies. ``(5) Providing information and education to the public during public health emergencies. ``(6) Providing, at times other than public health emergencies, information and education to the public regarding the statewide plan. ``(7) Designation of the State official who will have the principal responsibility for administering such plan, including the initial implementation of the plan. ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $65,000,000 for each of the fiscal years 2008 through 2010.''. SEC. 4. NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL ASSISTANCE CENTER. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.), as amended by sections 2 and 3, is further amended by adding at the end the following: ``SEC. 520M. NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL ASSISTANCE CENTER. ``(a) In General.--The Secretary, acting through the Director of the Center for Mental Health Services, shall establish within such center an administrative unit to be known as the National Mental Health Crisis Response Technical Assistance Center (referred to in this section as the `Technical Assistance Center'). ``(b) Duties.--The purpose of the Technical Assistance Center is to carry out, in accordance with policies of the Director of the Center for Mental Health Services, the following functions: ``(1) Provide consultation and technical assistance to the Director, and to State and local governmental providers of mental health services, on developing and implementing plans for providing appropriate mental health services in response to public health emergencies, including statewide plans under section 520K(d). ``(2) Provide technical expertise on planning, preparedness, and response evaluation activities. ``(3) Develop policy guidelines on mental health concerns related to crisis incidents and develop recommendations for proposed regulations and legislative proposals. ``(4) Develop and conduct training events and conferences on mental health needs of disaster victims and witnesses. ``(5) Serve as the principal clearinghouse operated by the Secretary for the collection and dissemination of information concerning the mental health aspects of public health emergencies, including information on published documents, information on technical assistance resources, and information on relevant Internet sites. ``(6) Assist States in preparing for the behavioral health consequences of terrorism. ``(7) Provide onsite technical expertise during public health emergencies, when requested by a State. ``(c) Certain Authority.--The Technical Assistance Center may carry out the functions under subsection (b) directly or through grant or contract, subject to the approval of the Director of the Center for Mental Health Services. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $6,000,000 for each of the fiscal years 2008 through 2010.''. SEC. 5. MENTAL HEALTH PROFESSIONALS TRAINING GRANTS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.), as amended by sections 2, 3, and 4, is further amended by adding at the end the following: ``SEC. 520N. MENTAL HEALTH PROFESSIONALS TRAINING GRANTS. ``(a) In General.--The Secretary, acting through the Director of the Center for Mental Health Services, shall award grants to eligible entities to enable such entities to provide for the training of mental health professionals with respect to the treatment of individuals who are victims of disasters. ``(b) Eligibility.--To be eligible to receive a grant under subsection (a) an entity shall-- ``(1) be a-- ``(A) regional center of excellence; or ``(B) a mental health professional society; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Use of Funds.--An entity that receives a grant under this section shall use amounts received under the grant to provide for the training of mental health professionals to enable such professionals to appropriately diagnose individuals who are the victims of disasters with respect to their mental health and to provide for the proper treatment of the mental health needs of such individuals. ``(d) Training Materials and Procedures.--The Director of the Center for Mental Health Services, in consultation with the Director of the National Institute of Mental Health, the National Center for Post- Traumatic Stress Disorder, the International Society for Traumatic Stress Studies, and the heads of other similar entities, shall develop training materials and procedures to assist grantees under this section. ``(e) Definition.--In this section, the term `mental health professional' includes psychiatrists, psychologists, psychiatric nurses, mental health counselors, marriage and family therapists, social workers, pastoral counselors, school psychologists, licensed professional counselors, school guidance counselors, and any other individual practicing in a mental health profession that is licensed or regulated by a State agency. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2008 through 2010. ``(g) Program Management.--In carrying out this section, the Secretary may use amounts appropriated under subsection (f) for the administration of the program under this section.''.

Mental Health Services in Public Health Emergencies Act - Amends the Public Health Service Act to allow the Secretary of Health and Human Services, acting through the Director of the Center for Mental Health Services, to make grants to: (1) states and political subdivisions to provide mental health services in response to public health emergencies; and (2) states to develop statewide plans for providing such services and to train personnel to implement such plan effectively. Requires the Secretary, acting through the Director, to establish the National Mental Health Crisis Response Technical Assistance Center to: (1) provide consultation and technical assistance to the Director and state and local governments on developing and implementing plans for providing mental health services in response to public health emergencies; (2) develop policy guidelines on mental health concerns related to crisis incidents and develop recommendations for proposed regulations and legislative proposals; (3) develop and conduct training events and conferences on mental health needs of disaster victims and witnesses; (4) serve as the principal clearinghouse for information concerning the mental health aspects of public health emergencies; and (5) provide onsite technical expertise during public health emergencies. Requires the Secretary, acting through the Director, to award grants for the training of health professionals with respect to the treatment of individuals who are victims of disaster.

To amend the Public Health Service Act to establish grant programs to provide funding for mental health services in response to public health emergencies, for statewide plans for providing such services in response to such emergencies, and for the training of mental health professional with respect to the treatment of victims of such emergencies, and to establish the National Mental Health Crisis Response Technical Assistance Center.