FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. MEDICARE INTERNET-BASED CLAIMS SUBMISSION DEMONSTRATION PROJECT. (a) Establishment of Demonstration Project.--The Secretary of Health and Human Services shall implement a demonstration project (in this section referred to as the ``project'') to provide for the use of the Internet for the electronic submission of claims by providers of services under the medicare program for which the HCFA-1500 claim form is utilized. The Secretary may carry out the project directly or through a third-party contractor. (b) Prompt Payment of Claims.-- (1) In general.--Subject to paragraph (2), for each clean claim that is submitted electronically by a provider of services under the project, the Secretary shall make payment to the provider of services for the claim by not later than 30 days after receipt of the claim. (2) Exceptions for fraud.--Payment shall not be made if the Secretary determines the claim is fraudulent, in part or in whole. In promulgating regulations to carry out the project, the Secretary shall provide examples of fraudulent or otherwise deficient claims for which payment would not be made under the medicare program or through the project. (c) Designation of Medicare Payment Areas Covered by Project.--The Secretary shall designate medicare payment areas located in the New England or mid-Atlantic areas as areas in which the project under this section will be conducted. (d) Consultation.--Before implementing the project under this section, the Secretary shall consult with affected parties on-- (1) the design of the project, including requirements for electronic signatures; (2) the selection criteria for the third-party contractor; and (3) the establishment of performance standards, as described in subsection (e). (e) Performance Standards.-- (1) In general.--The Secretary shall establish performance standards for the accuracy and timeliness of claims filing, processing, and payment functions performed under the project. (2) Noncompliance.--In the event that a third-party contractor (if any) is not in substantial compliance with the performance standards established under paragraph (1), such claims filing, processing, and payment functions shall be performed by the Secretary unless the Secretary contracts with another third-party contractor. (f) Confidentiality of Information.-- (1) Compliance with hipaa rules.--The Secretary shall ensure that a third-party contractor participating under the project shall protect the confidentiality of individually identifiable health information consistent with the standards for the privacy of such information promulgated by the Secretary under the Health Insurance Portability and Accountability Act of 1996, or any subsequent comprehensive and more protective set of confidentiality standards enacted into law or promulgated by the Secretary. (2) Prohibition on sale of individually identifiable health information.--A third-party contractor participating under the project may not sell any individually identifiable health information collected under the project. (g) Report to Congress.--The Secretary shall periodically submit reports to the Congress providing-- (1) analysis of the overall effectiveness of the project; (2) findings with respect to-- (A) increase or reduction in funds lost to fraud, abuse, misuse, mistakes, and any other factor the Secretary determines to be appropriate; and (B) changes in efficiency in processing claims submitted by electronic means compared with claims not submitted electronically; and (3) recommendations on-- (A) continuation of the project; and (B) extension or expansion of the use of Internet- based electronic claims submission under the medicare program. (h) Waiver Authority.--The Secretary shall waive compliance with the requirements of title XVIII of the Social Security Act to such extent and for such period as the Secretary determines is necessary to conduct the project. (i) Duration.--A demonstration project under this section shall be conducted for a 3-year period. (j) Definitions.--In this section: (1) The term ``medicare program'' means the health insurance program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (2) The term ``provider of service'' has the meaning given that term in section 1861(u) of such Act (42 U.S.C. 1395x(u)), and includes a physician (as defined in section 1861(r) of such Act (42 U.S.C. 1395x(r)). (3) The term ``clean claim'' has the meaning given that term in section 1816(c)(2)(B)(i) of such Act (42 U.S.C. 1395h(c)(2)(B)(i)).

Directs the Secretary of Health and Human Services to implement a demonstration project to provide for the use of the Internet for the electronic submission of claims by service providers under title XVIII (Medicare) of the Social Security Act for which the HCFA-1500 claim form is utilized.

To direct the Secretary of Health and Human Services to establish a demonstration project for the use of an Internet-based form for submission of certain claims under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhance Partner Cyber Capabilities Act''. SEC. 2. FINDINGS. (1) The North Atlantic Treaty Organization (commonly known as ``NATO'') remains a critical alliance for the United States and a cost-effective, flexible means of providing security to the most important allies of the United States. (2) The regime of Russian President Vladimir Putin is actively working to erode democratic systems of NATO member states, including the United States. (3) According to the report of the Office of the Director of National Intelligence dated January 6, 2017, on the Russian Federation's hack of the United States presidential election: ``Russian efforts to influence the 2016 presidential election represent the most recent expression of Moscow's longstanding desire to undermine the US-led liberal democratic order.''. (4) As recently as May 4, 2017, the press reported a massive cyber hack of French President Emmanuel Macron's campaign, likely attributable to Russian actors. (5) It is in the core interests of the United States to enhance the offensive and defensive cyber capabilities of NATO member states to deter and defend against Russian cyber and influence operations. (6) Enhanced offensive cyber capabilities would enable the United States to demonstrate strength and deter the Russian Federation from threatening NATO, while reassuring allies, without a provocative buildup of conventional military forces. SEC. 3. SENSE OF CONGRESS ON CYBER STRATEGY OF THE DEPARTMENT OF DEFENSE. It is the sense of Congress that-- (1) the Secretary of Defense should update the cyber strategy of the Department of Defense (as that strategy is described in the Department of Defense document titled ``The Department of Defense Cyber Strategy'' dated April 15, 2015); (2) in updating the cyber strategy of the Department, the Secretary should-- (A) specifically develop an offensive cyber strategy that includes plans for the offensive use of cyber capabilities, including computer network exploitation and computer network attacks, to thwart air, land, or sea attacks by the regime of Russian President Vladimir Putin and other adversaries; (B) provide guidance on integrating offensive tools into the cyber arsenal of the Department; and (C) assist NATO partners, through the NATO Cooperative Cyber Center of Excellence and other entities, in developing offensive cyber capabilities. SEC. 4. STRATEGY FOR OFFENSIVE USE OF CYBER CAPABILITIES. (a) Strategy Required.--The President shall develop a written strategy for the offensive use of cyber capabilites by departments and agencies of the Federal Government. (b) Elements.--The strategy developed under subsection (a) shall include, at minimum-- (1) a description of enhancements that are needed to improve the offensive cyber capabilities of the United States and partner nations, including NATO member states; and (2) a statement of principles concerning the appropriate deployment of offensive cyber capabilities. (c) Submission to Congress.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the congressional defense committees (as that term is defined in section 101(a)(16) of title 10, United States Code) the strategy developed under subsection (a). (2) Form of submission.--The strategy submitted under paragraph (1) may be submitted in classified form. SEC. 5. INTERNATIONAL COOPERATION. (a) Authority to Provide Technical Assistance.--The President, acting through the Secretary of Defense and with the concurrence of the Secretary of State, is authorized to provide technical assistance to NATO member states to assist such states in developing and enhancing offensive cyber capabilities. (b) Technical Experts.--In providing technical assistance under subsection (a), the President, acting through the NATO Cooperative Cyber Center of Excellence, may detail technical experts in the field of cyber operations to NATO member states. (c) Rule of Construction.--Nothing in this section shall be construed to preclude or limit the authorities of the President or the Secretary of Defense to provide cyber-related assistance to foreign countries, including the authority of the Secretary to provide such assistance under section 333 of title 10, United States Code.

Enhance Partner Cyber Capabilities Act This bill directs the President to develop a strategy for the offensive use of cyber capabilities by federal agencies. The strategy shall include: (1) a description of enhancements needed to improve such capabilities of the United States and partner nations, including North Atlantic Treaty Organization (NATO) members; and (2) a statement of principles for deployment of such capabilities. The bill authorizes the Department of Defense to furnish technical assistance to NATO members in developing and enhancing their capabilities.

Enhance Partner Cyber Capabilities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Money Laundering and Terrorist Financing Act of 2006''. TITLE I--MONEY LAUNDERING SEC. 101. SPECIFIED UNLAWFUL ACTIVITY. Section 1956(c)(7) of title 18, United States Code, is amended to read as follows: ``(7) the term `specified unlawful activity' means-- ``(A) any act or activity constituting an offense in violation of the laws of the United States or any State punishable by imprisonment for a term exceeding 1 year; and ``(B) any act or activity occurring outside of the United States that would constitute an offense covered under subparagraph (A) if the act or activity had occurred within the jurisdiction of the United States or any State;''. SEC. 102. MAKING THE DOMESTIC MONEY LAUNDERING STATUTE APPLY TO ``REVERSE MONEY LAUNDERING'' AND INTERSTATE TRANSPORTATION. (a) In General.--Section 1957 of title 18, United States Code, is amended-- (1) in the heading, by inserting ``or in support of criminal activity'' after ``specified unlawful activity''; (2) in subsection (a), by striking ``Whoever'' and inserting the following: ``(1) Whoever''; and (3) by adding at the end the following: ``(2) Whoever-- ``(A) in any of the circumstances set forth in subsection (d)-- ``(i) conducts or attempts to conduct a monetary transaction involving property of a value that is greater than $10,000; or ``(ii) transports, attempts to transport, or conspires to transport property of a value that is greater than $10,000; ``(B) in or affecting interstate commerce; and ``(C) either-- ``(i) knowing that the property was derived from some form of unlawful activity; or ``(ii) with the intent to promote the carrying on of specified unlawful activity; shall be fined under this title, imprisoned for a term of years not to exceed the statutory maximum for the unlawful activity from which the property was derived or the unlawful activity being promoted, or both.''. (b) Chapter Analysis.--The item relating to section 1957 in the table of sections for chapter 95 of title 18, United States Code, is amended to read as follows: ``1957. Engaging in monetary transactions in property derived from specified unlawful activity or in support of criminal activity.''. SEC. 103. PROCEDURE FOR ISSUING SUBPOENAS IN MONEY LAUNDERING CASES. (a) In General.--Section 986 of title 18, United States Code, is amended by adding at the end the following: ``(e) Procedure for Issuing Subpoenas.--The Attorney General, the Secretary of the Treasury, or the Secretary of Homeland Security may issue a subpoena in any investigation of a violation of sections 1956, 1957 or 1960, or sections 5316, 5324, 5331 or 5332 of title 31, United States Code, in the manner set forth under section 3486.''. (b) Grand Jury and Trial Subpoenas.--Section 5318(k)(3)(A)(i) of title 31, United States Code, is amended-- (1) by striking ``related to such correspondent account''; (2) by striking ``or the Attorney General'' and inserting ``, the Attorney General, or the Secretary of Homeland Security''; and (3) by adding at the end the following: ``(iii) Grand jury or trial subpoena.--In addition to a subpoena issued by the Attorney General, Secretary of the Treasury, or the Secretary of Homeland Security under clause (i), a subpoena under clause (i) includes a grand jury or trial subpoena requested by the Government.''. (c) Fair Credit Reporting Act Amendment.--Section 604(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is amended-- (1) by striking ``or''; and (2) by inserting before the period the following: ``, or an investigative subpoena issued under section 5318 of title 31, United States Code''. (d) Obstruction of Justice.--Section 1510(b) of title 18, United States Code, is amended-- (1) in paragraph (2)(A), by inserting ``or an investigative subpoena issued under section 5318 of title 31, United States Code'' after ``grand jury subpoena''; and (2) in paragraph (3)(B), by inserting ``, an investigative subpoena issued under section 5318 of title 31, United States Code,'' after ``grand jury subpoena''. (e) Right to Financial Privacy Act.--Section 1120 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3420) is amended-- (1) in subsection (a)(1), by inserting ``or to the Government'' after ``to the grand jury''; and (2) in subsection (b)(1), by inserting ``, or an investigative subpoena issued pursuant to section 5318 of title 31, United States Code,'' after ``grand jury subpoena''. SEC. 104. TRANSPORTATION OR TRANSHIPMENT OF BLANK CHECKS IN BEARER FORM. Section 5316 of title 31, United States Code, is amended by adding at the end the following: ``(e) Monetary Instruments With Amount Left Blank.--For purposes of this section, a monetary instrument in bearer form that has the amount left blank, such that the amount could be filled in by the bearer, shall be considered to have a value equal to the highest value of the funds in the account on which the monetary instrument is drawn during the time period the monetary instrument was being transported or the time period it was negotiated or was intended to be negotiated.''. SEC. 105. BULK CASH SMUGGLING. Section 5332(a) of title 31, United States Code, is amended-- (1) in subsection (b)(1), by striking ``5 years'' and inserting ``10 years''; and (2) by adding the end the following: ``(d) Investigative Authority.--Violations of this section may be investigated by the Attorney General, the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service.''. SEC. 106. VIOLATIONS INVOLVING COMMINGLED FUNDS AND STRUCTURED TRANSACTIONS. Section 1957(f) of title 18, United States Code, is amended-- (1) in paragraph (2) by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(4) the term `monetary transaction in criminally derived property that is of a value greater than $10,000' includes-- ``(A) a monetary transaction involving the transfer, withdrawal, encumbrance or other disposition of more than $10,000 from a bank account in which more than $10,000 in proceeds of specified unlawful activity have been commingled with other funds; ``(B) a series of monetary transactions in amounts under $10,000 that exceed $10,000 in the aggregate and that are closely related to each other in terms of such factors as time, the identity of the parties involved, the nature and purpose of the transactions, and the manner in which they are conducted; and ``(C) any financial transaction covered under section 1956(j) that involves more than $10,000 in proceeds of specified unlawful activity; and ``(5) the term `monetary transaction involving property of a value that is greater than $10,000' includes a series of monetary transactions in amounts under $10,000 that exceed $10,000 in the aggregate and that are closely related to each other in terms of such factors as time, the identity of the parties involved, the nature and purpose of the transactions, and the manner in which they are conducted.''. SEC. 107. CHARGING MONEY LAUNDERING AS A COURSE OF CONDUCT. (a) In General.--Section 1956 of title 18, United States Code, is amended by adding at the end the following: ``(j) Multiple Violations.--Multiple violations of this section that are part of the same scheme or continuing course of conduct may be charged, at the election of the Government, in a single count in an indictment or information.''. (b) Conspiracies.--Section 1956(h) of title 18, United States Code, is amended by striking ``or section 1957'' and inserting ``, section 1957, or section 1960''. SEC. 108. ILLEGAL MONEY TRANSMITTING BUSINESSES. (a) Technical Amendments.-- (1) In general.--Section 1960 of title 18, United States Code, is amended-- (A) in the heading by striking ``unlicensed'' and inserting ``illegal''; (B) in subsection (a), by striking ``unlicensed'' and inserting ``illegal''; (C) in subsection (b)(1), by striking ``unlicensed'' and inserting ``illegal''; and (D) in subsection (b)(1)(C), by striking ``to be used to be used'' and inserting ``to be used''. (2) Chapter analysis.--The item relating to section 1960 in the table of sections for chapter 95 of title 18, United States Code, is amended to read as follows: ``1960. Prohibition of illegal money transmitting businesses.''. (b) Definition of Business To Include Informal Value Transfer Systems and Money Brokers for Drug Cartels.--Section 1960(b) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(4) the term `business' includes any person or association of persons, formal or informal, licensed or unlicenced, that provides money transmitting services on behalf of any third party in return for remuneration or other consideration.''. (c) Prohibition of Unlicensed Money Transmitting Businesses.-- Section 1960(b)(1)(B) of title 18, United States Code, is amended by inserting the following before the semicolon: ``, whether or not the defendant knew that the operation was required to comply with such registration requirements''. (d) Authority To Investigate.--Section 1960 of title 18, United States Code, is amended by adding at the end the following: ``(c) Authority To Investigate.--Violations of this section may be investigated by the Attorney General, the Secretary of the Treasury, and the Secretary of Homeland Security.''. SEC. 109. KNOWLEDGE THAT THE PROPERTY IS THE PROCEEDS OF A SPECIFIC FELONY. (a) Proceeds of a Felony.--Section 1956(c)(1) of title 18, United States Code, is amended by inserting ``, and regardless of whether or not the person knew that the activity constituted a felony'' before the semicolon at the end. (b) Intent To Conceal or Disguise.--Section 1956(a) of title 18, United States Code, is amended-- (1) in paragraph (1)(B)(i), by striking ``specified unlawful activity'' and inserting ``some form of unlawful activity''; and (2) in paragraph (2)(B)(i), by striking ``specified unlawful activity'' and inserting ``some form of unlawful activity''. SEC. 110. EXTRATERRITORIAL JURISDICTION. Section 1956(f)(1) of title 18, United States Code, is amended by inserting ``or has an effect in the United States'' after ``conduct occurs in part in the United States''. SEC. 111. CONDUCT IN AID OF COUNTERFEITING. (a) In General.--Section 474(a) of title 18, United States Code, is amended by inserting after the paragraph beginning ``Whoever has in his control, custody, or possession any plate'' the following: ``Whoever, with intent to defraud, has custody, control, or possession of any material that can be used to make, alter, forge, or counterfeit any obligation or other security of the United States or any part of such obligation or security, except under the authority of the Secretary of the Treasury; or''. (b) Foreign Obligations and Securities.--Section 481 of title 18, United States Code, is amended by inserting after the paragraph beginning ``Whoever, with intent to defraud'' the following: ``Whoever, with intent to defraud, has custody, control, or possession of any material that can be used to make, alter, forge, or counterfeit any obligation or other security of any foreign government, bank, or corporation; or''. (c) Counterfeit Acts.--Section 470 of title 18, United States Code, is amended by striking ``or 474'' and inserting ``474, or 474A''. (d) Materials Used in Counterfeiting.--Section 474A(b) of title 18, United States Code, is amended by striking ``any essentially identical'' and inserting ``any thing or material made after or in the similitude of any''. TITLE II--TECHNICAL AMENDMENTS SEC. 201. TECHNICAL AMENDMENTS TO SECTIONS 1956 AND 1957. (a) Unlawful Activity.--Section 1956(c) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ```conducts''' and inserting ```conduct'''; and (2) in paragraph (7)(F), by inserting ``, as defined in section 24(a)'' before the semicolon. (b) Property From Unlawful Activity.--Section 1957 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``engages or attempts to engage in'' and inserting ``conducts or attempts to conduct''; and (2) in subsection (f)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(4) the term `conduct' has the meaning given such term under section 1956(c)(2).''.

Combating Money Laundering and Terrorist Financing Act of 2006 - Amends money laundering provisions of the federal criminal code to redefine "specified unlawful activity" as: (1) any act constituting an offense in violation of the laws of the United States or any State punishable by imprisonment for a term exceeding 1 year; and (2) any act occurring outside of the United States that would constitute such an offense if committed within U.S. jurisdiction. Revises the procedure for issuing subpoenas in money laundering cases. Assigns a standard value to monetary instruments payable to bearer in blank (with no amount indicated on the instrument). Increases the penalty for bulk cash smuggling in or out of the United States from five to 10 years. Redefines money laundering transactions involving amounts greater than $10,000 to include commingling of funds from separate accounts and structured transactions designed to avoid reporting requirements. Permits a single indictment for multiple money laundering violations that are part of the same scheme or continuing course of conduct. Prohibits illegal (currently, unlicensed) money transmitting businesses. Extends the jurisdiction of the United States in money laundering cases to include activities outside of the United States that have an effect in the United States. Prohibits the possession of any material that can be used to counterfeit U.S. currencies.

A bill to improve the prohibitions on money laundering, and for other purposes.

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) there are situated in the State of Tennessee the sites of several key Civil War battles, campaigns, and engagements; (2) certain sites, battlefields, structures, and areas in Tennessee are collectively of national significance in the history of the Civil War; (3) the Civil War Sites Advisory Commission, established by Congress in 1991, identified 38 sites in Tennessee as significant; (4) the preservation and interpretation of these sites will make an important contribution to the understanding of the heritage of the United States; (5) the preservation of Civil War sites within a regional framework requires cooperation among local property owners and Federal, State, and local government entities; and (6) partnerships between Federal, State, and local governments and their regional entities, and the private sector, offer the most effective opportunities for the enhancement and management of the Civil War battlefields and related sites located in Tennessee. (b) Purposes.--The purposes of this Act are-- (1) to preserve, conserve, and interpret the legacy of the Civil War in Tennessee; (2) to recognize and interpret important events and geographic locations representing key Civil War battles, campaigns, and engagements in Tennessee; (3) to recognize and interpret the effect of the Civil War on the civilian population of Tennessee during the war and postwar reconstruction period; and (4) to create partnerships among Federal, State, and local governments and their regional entities, and the private sector to preserve, conserve, enhance, and interpret the battlefields and associated sites associated with the Civil War in Tennessee. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``national heritage area'' means the Tennessee Civil War Heritage Area as designated pursuant to section 3. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``compact'' means the compact approved under section 4. (4) The term ``management plan'' means the management plan submitted under section 5. SEC. 3. TENNESSEE CIVIL WAR HERITAGE AREA. (a) Designation.--Upon publication by the Secretary in the Federal Register of notice that a compact regarding the Tennessee Civil War Heritage Area has been approved by the Secretary in accordance with this Act, there shall be designated the Tennessee Civil War Heritage Area. (b) Boundaries.--The Tennessee Civil War Heritage Area shall be comprised of areas of the State of Tennessee depicted on the map entitled ``Tennessee Civil War Heritage Area''. The map shall be on file and available for public inspection in the office of the Director of the National Park Service. (c) Administration.--The national heritage area shall be administered in accordance with the compact and the management plan. SEC. 4. COMPACT. (a) Compact.--The compact referred to in section 3(a) shall include information relating to the objectives and management of the area proposed for designation as a national heritage area. Such information shall include (but not be limited to) each of the following: (1) A delineation of the boundaries of the proposed National Heritage Area. (2) A discussion of the goals and objectives of the proposed national heritage area, including an explanation of the approach, proposed by the partners referred to in paragraph (4), to conservation and interpretation of resources. (3) An identification and description of the management entity that will administer the proposed national heritage area. (4) A list of the initial partners to be involved in developing and implementing the management plan for the proposed national heritage area, and a statement of the financial commitment of the partners. (5) A description of the role of the State of Tennessee. (b) Preparation of and Actions Called For in Compact.--The compact shall be prepared with public participation. Actions called for in the compact shall be likely to be initiated within a reasonable time after designation of the proposed national heritage area and shall ensure effective implementation of the State and local aspects of the compact. (c) Approval and Disapproval of Compacts.--(1) The Secretary, in consultation with the Governor of Tennessee, shall approve or disapprove the proposed compact not later than 90 days after receiving such compact. (2) If the Secretary disapproves a proposed compact, the Secretary shall advise, in writing, the reasons for the disapproval and shall make recommendations for revisions of the proposed compact. The Secretary shall approve or disapprove a proposed revision to such a compact within 90 days after the date on which the revision is submitted to the Secretary. SEC. 5. MANAGEMENT. (a) Management Plans.--A management plan submitted under this Act for the national heritage area shall present comprehensive recommendations for the conservation, funding, management, and development of the area. The management plan shall-- (1) be prepared with public participation; (2) take into consideration existing Federal, State, county, and local plans and involve residents, public agencies, and private organizations in the area; (3) include a description of actions that units of government and private organizations are recommended to take to protect the resources of the area; (4) specify existing and potential sources of funding for the conservation, management, and development of the area; and (5) include the following, as appropriate: (A) An inventory of the resources contained in the national heritage area, including a list of property in the area that should be conserved, restored, managed, developed, or maintained because of the natural, cultural, or historic significance of the property as it relates to the themes of the area. (B) A recommendation of policies for resource management that consider and detail the application of appropriate land and water management techniques, including (but not limited to) the development of intergovernmental cooperative agreements to manage the historical, cultural, and natural resources and the recreational opportunities of the area in a manner consistent with the support of appropriate and compatible economic viability. (C) A program, including plans for restoration and construction, for implementation of the management plan by the management entity specified in the compact for the area and specific commitments, for the first 5 years of operation of the plan, by the partners identified in the compact. (D) An analysis of means by which Federal, State, and local programs may best be coordinated to promote the purposes of this Act. (E) An interpretive plan for the National Heritage Area. (b) Management Entities.--The management entity for the national heritage area shall do each of the following: (1) Develop and submit to the Secretary a management plan not later than three years after the date of the designation of the area as a national heritage area. (2) Give priority to the implementation of actions, goals, and policies set forth in the compact and management plan for the area, including-- (A) assisting units of government, regional planning organizations, and nonprofit organizations-- (i) in conserving the national heritage area; (ii) in establishing and maintaining interpretive exhibits in the area; (iii) in developing recreational opportunities in the area; (iv) in increasing public awareness of and appreciation for the natural, historical, and cultural resources of the area; (v) in the restoration of historic buildings that are located within the boundaries of the area and relate to the themes of the area; and (vi) in ensuring that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are put in place throughout the area; and (B) consistent with the goals of the management plan, encouraging economic viability in the affected communities by appropriate means. (3) In developing and implementing the management plan for the area, consider the interests of diverse units of government, businesses, private property owners, and nonprofit groups within the geographic area. (4) Conduct public meetings at least quarterly regarding the implementation of the management plan for the area. (c) Clearing House.--The Congress recognizes the Center for Historic Preservation at Middle Tennessee State University as the clearing house for the Tennessee Civil War Heritage Area. SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Secretary of the Interior.--The Secretary-- (1) may provide technical assistance to units of government and private nonprofit organizations regarding feasibility studies and the compact and, upon request of the management entity for the national heritage area, regarding the management plan and its implementation; (2) may not, as a condition of the award of technical assistance under this section, require any recipient of such technical assistance to enact or modify land use restrictions; and (3) may not make limitations on fishing, hunting, or trapping a condition for the approval of the compact or the determination of eligibility for technical assistance under this section. (b) Duties of Other Federal Agencies.--Any Federal entity conducting any activity directly affecting the national heritage area shall consider the potential effect of the activity on the management plan for the area and shall consult with the Governor of Tennessee with respect to the activity to minimize the adverse effects of the activity on the area. SEC. 7. SAVINGS PROVISIONS. (a) Lack of Effect on Authority of Governments.--Nothing in this Act shall be construed to modify, enlarge, or diminish any authority of the Federal, State, or local governments to regulate any use of land as provided for by law or regulation. (b) Lack of Zoning or Land Use Powers of Entity.--Nothing in this Act shall be construed to grant powers of zoning or land use to any management entity for the national heritage area. (c) Fish and Wildlife.--The designation of the national heritage area shall not diminish the authority of the State of Tennessee to manage fish and wildlife, including the regulation of fishing and hunting within such area. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

Designates the Tennessee Civil War Heritage Area in Tennessee upon notification in the Federal Register by the Secretary of the Interior that a compact relating to the objectives and management of the Area has been approved by the Secretary. Requires the management plan to be developed and submitted to the Secretary by the management entity for the Area to present comprehensive recommendations for the conservation, funding, management, and development of the Area. Recognizes the Center for Historic Preservation at Middle Tennessee State University as the clearinghouse for the Area. Authorizes appropriations.

To designate the Tennessee Civil War Heritage Area, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assure Access to Mammography Act of 2003''. SEC. 2. ENHANCED REIMBURSEMENT UNDER THE MEDICARE PROGRAM FOR SCREENING AND DIAGNOSTIC MAMMOGRAPHY SERVICES FURNISHED IN 2003. (a) Payments to Facilities for Screening and Diagnostic Mammography.-- (1) In general.--Notwithstanding any other provision of law, with respect to payment for a screening or diagnostic mammography furnished to a medicare beneficiary, the amount of payment made to a hospital-based facility (defined in paragraph (4)) in which such screening or diagnostic mammography is performed during the applicable period described in paragraph (3) is equal to 200 percent of the amount of payment that would otherwise apply under the fee schedule established under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) with respect to the technical component of such screening or diagnostic mammography. (2) Temporary payment rule.--With respect to payments to a hospital-based facility for screening or diagnostic mammography described in paragraph (1) during the applicable period, payment shall be made to the facility for such mammography pursuant to this subsection and shall not be made under section 1833(t) of such Act (42 U.S.C. 1395l(t)). (3) Applicable period.--The applicable period referred to in paragraph (1) is the period beginning on the date of the enactment of this Act and ending on the date the Secretary establishes and implements an appropriate facility payment rate under the prospective payment system for covered outpatient services under such section 1833(t) for a screening or diagnostic mammography furnished to a medicare beneficiary, but in no case less than the amount payment provided for in paragraph (1). (4) Hospital-based facility defined.--In this subsection, the term ``hospital-based facility'' means a facility for which payment is made for a diagnostic or screening mammography under such section 1833(t) but for this subsection. (b) Not Counting Certain Radiology Residents Against Graduate Medical Education Limitations.-- (1) In general.--For cost reporting periods beginning on or after October 1, 2003, and before October 1, 2008, in applying the limitations regarding the total number of full-time equivalent residents in the field of allopathic or osteopathic medicine under subsections (d)(5)(B)(v) and (h)(4)(F) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) for a hospital, the Secretary of Health and Human Services shall not take into account 1 additional resident in the field of radiology per post-graduate year during each such cost reporting period to the extent the hospital increases the number of radiology residents above the number of such residents for the hospital's most recent cost reporting period ending before October 1, 2003. (2) Treatment for entire period of training program.--The provisions of paragraph (1) shall apply for each year of the full-time equivalent resident's approved medical residency training program in the field of radiology not taken into account by reason of paragraph (1). (c) Construction.--Nothing in this section shall be construed as affecting the provisions of section 104(d) 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) (relating to payment for new technologies). SEC. 3. IOM STUDY AND REPORT ON MEDICARE REIMBURSEMENT FOR GENDER- SPECIFIC SERVICES. (a) Study.--The Secretary of Health and Human Services shall enter into an arrangement with the Institute of Medicine of the National Academy of Sciences to conduct a study of-- (1) the relative value units established by the Secretary under the medicare physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for physicians' services that are gender-specific; and (2) adjustments to payment amounts under the prospective payment systems for inpatient hospital services (under section 1886(d) of such Act (42 U.S.C. 1395ww(d))) and for covered skilled nursing facility services (under section 1888(e) of such Act (42 U.S.C. 1395yy(e))) that are gender specific. (b) Report.-- (1) In general.--Such arrangement shall provide that the Institute shall submit to the Secretary a report on the study conducted under subsection (a) by not later than December 31, 2004. (2) Recommendations.--The report shall include such recommendations regarding the appropriateness of adjusting the relative value units for physicians' services or the prospective payment amounts for inpatient hospital services or covered skilled nursing facility services that are gender- specific, as the Institute determines appropriate. (3) Transmission to congress.--The Secretary shall promptly transmit a copy of such report to Congress. SEC. 4. MEDPAC STUDY AND REPORT ON MEDICARE REIMBURSEMENT FOR SCREENING SERVICES. (a) Study.--The Medicare Payment Advisory Commission shall conduct a study of the relative value units established by the Secretary of Health and Human Services under the medicare physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for screening services that are reimbursed under such fee schedule. (b) Report.--Not later than March 1, 2004, the Commission shall submit to Congress a report on the study conducted under subsection (a), together with such recommendations regarding the appropriateness of adjusting the relative value units for screening services that are reimbursed under the physician fee schedule as the Commission determines appropriate.

Assure Access to Mammography Act of 2003 - Provides that, with respect to payment for a screening or diagnostic mammography furnished to a Medicare beneficiary, the amount of payment made to a hospital-based facility in which such screening or diagnostic mammography is performed during the applicable period is equal to 200 percent of the amount of payment that would otherwise apply under the Medicare fee schedule established under title XVIII of the Social Security Act with respect to the technical component of such screening or diagnostic mammography. Provides for not counting certain radiological residents against graduate medical education limitations.Directs the Secretary of Health and Human Services to enter into an arrangement with the Institute of Medicine of the National Academy of Sciences to study and report to the Secretary on Medicare reimbursement for gender-specific services.Directs the Medicare Payment Advisory Commission to study and report to Congress on Medicare reimbursement for screening services.

A bill to amend title XVIII of the Social Security Act to provide for enhanced reimbursement under the medicare program for screening and diagnostic mammography services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vanishing Wildlife Stamp Act of 2000''. SEC. 2. SPECIAL POSTAGE STAMPS RELATING TO VANISHING WILDLIFE PROTECTION. (a) In General.--Chapter 4 of title 39, United States Code, is amended by inserting after section 414 the following: ``Sec. 414a. Special postage stamps relating to funding vanishing wildlife protection programs ``(a) In order to afford the public a convenient way to invest in vanishing wildlife protection programs, the Postal Service shall establish a special rate of postage for first-class mail under this section. ``(b) The rate of postage established under this section-- ``(1) shall be no more than 25 percent higher than the rate that would otherwise apply; ``(2) may be established without regard to any procedures under chapter 36 of title 39, United States Code, and notwithstanding any other provision of law; and ``(3) shall be offered as an alternative to the regular first class rate of postage. ``(c) The use of the rate of postage established under this section shall be voluntary on the part of postal patrons. ``(d)(1) Amounts becoming available from public investment in wildlife protection programs shall be paid by the Postal Service to the Department of Interior Multilateral Species Conservation Fund. Payments under this section shall be made under such arrangements as the Postal Service shall, by mutual agreement with the Department of Interior, establish in order to carry out the purposes of this section, except that under those arrangements, payments to the Department of Interior shall be made at least twice a year. ``(2) For purposes of this section, the term `amounts becoming available from public investment in vanishing wildlife protection programs' means-- ``(A) the total amount of revenues received by the Postal Service that it would not have received but for the enactment of this section; reduced by ``(B) an amount sufficient to cover reasonable costs incurred by the Postal Service in carrying out this section, including costs attributable to the printing, sale, and distribution of stamps under this section, as determined by the Postal Service under regulations that it shall prescribe. ``(e) It is the sense of Congress that nothing in this section should-- ``(1) directly or indirectly cause a net decrease in total funds received by the Department of Interior or any other agency of the Government (or any component or program thereof) below the level that would otherwise have been received but for the enactment of this section; or ``(2) affect regular first-class rates of postage or any other regular rates of postage. ``(f) Special postage stamps under this section shall be made available to the public beginning on such date as the Postal Service shall by regulation prescribe, but not later than 12 months after the date of the enactment of this section. ``(g) The Postmaster General shall include in each report rendered under section 2402 with respect to any period during any portion of which this section is in effect, information concerning the operation of this section, except that, at a minimum, each report shall include-- ``(1) the total amount described in subsection (d)(2)(A) which was received by the Postal Service during the period covered by such report; and ``(2) of the amount under paragraph (1), how much (in the aggregate and by category) was required for the purposes described in subsection (d)(2)(B). ``(h) This section shall cease to be effective at the end of the 2- year period beginning on the date on which special postage stamps under this section are first made available to the public.''. (b) Report by the Comptroller General of the United States.--Not later than 3 months (but no earlier than 6 months) before the end of the 2-year period referred to in section 414a(h) of title 39, United States Code (as amended by subsection (a)), the Comptroller General of the United States shall submit to the Congress a report on the operation of such section. Such report shall include-- (1) an evaluation of the effectiveness and the appropriateness of the authority provided by such section as a means of fund-raising; and (2) a description of the monetary and other resources required of the Postal Service in carrying out such section. (c) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 4 of title 39, United States Code, is amended by striking the item relating to section 414 and inserting the following: ``414. Special postage stamps relating to breast cancer. ``414a. Special postage stamps relating to funding vanishing wildlife protection programs.''. (2) Section heading.--The heading for section 414 of title 39, United States Code, is amended to read as follows: ``Sec. 414. Special postage stamps relating to breast cancer''.

Requires amounts becoming available from public investment in such programs to be paid by the Postal Service to the Department of the Interior Multilateral Species Conservation Fund.

Vanishing Wildlife Stamp Act of 2000

SECTION 1. FEDERAL FUNDING PROHIBITION. (a) Prohibition.--Except as provided in subsection (b) or (f), and unless the Federal agency is acting under an obligation entered into before the effective date of this Act, no Federal agency shall award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest that has outsourced any jobs during the previous five years unless the company of interest-- (1) has not outsourced any jobs during the previous two years; and (2) has created in the United States since the company of interest last outsourced any jobs, and continues to maintain in the United States, a number of new jobs within the same company of interest that is equal to at least 50 percent of the total number of jobs that were outsourced by the company of interest during the previous five years. (b) Agreement to Create New Jobs.--A Federal agency may award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest that has outsourced jobs during the previous five years only if the company of interest agrees-- (1) to create in the United States, not later than 18 months after the company has received the grant, contract, loan guarantee, or other funding, a number of new jobs within the same company of interest that is equal to at least 50 percent of the total number of jobs that were outsourced by the company of interest during the previous five years, and to maintain such new jobs in the United States for at least 18 months; (2) to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount equal to 125 percent of the total value of the grant, contract, loan guarantee, or other funding if the company of interest does not create the new jobs described in paragraph (1); and (3) to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount, to be determined by the Federal agency, that is not more than 125 percent of the total value of the grant, contract, loan guarantee, or other funding if the Federal agency finds that the company of interest did not in good faith attempt to maintain for at least 18 months the new jobs that the company of interest created pursuant to the agreement described in paragraph (1). (c) Documentation.--Except as provided in subsection (f), and unless the Federal agency is acting under an obligation entered into before the effective date of this Act, no Federal agency shall award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest unless the company of interest has provided documentation to the Federal agency that indicates either that the company has not outsourced jobs during the previous five years or that the company has fulfilled the requirements under subsection (a) or (b). (d) Obligation Condition.--Any obligation entered into by a Federal agency to award a grant or contract, make a loan guarantee, or provide any other funding to a company of interest shall include the condition that if the company of interest outsources any jobs after such obligation is entered into and before the company of interest is to receive the grant, contract, loan guarantee, or other funding, the Federal agency shall not award the grant or contract, make the loan guarantee, or provide the other funding. (e) Outsourcing Agreement.--A Federal agency may award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest only if the company of interest agrees-- (1) not to outsource any jobs within 18 months after the Federal agency awards the grant or contract, makes the loan guarantee, or provides the other funding; and (2) if the company of interest does not satisfy the agreement described in paragraph (1), to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount equal to the total value before the outsourcing of one year's wages and benefits for each of the jobs outsourced within 18 months after the company of interest receives the grant, contract, loan guarantee, or other funding. (f) National Security Exception.--The restrictions and penalties under this section shall not apply if the Federal agency awards a grant or contract, makes a loan guarantee, or provides any other funding, or enters into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, for purposes of national security. (g) Implementation and Regulations.--The Secretary of Commerce shall coordinate the Federal agencies' implementation of the documentation requirement described in subsection (c). The Secretary of Commerce shall prescribe regulations necessary to carry out this section. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Company of interest.--The term ``company of interest'' means-- (A) a corporation or other legal entity organized under the laws of the United States; (B) a subsidiary of a corporation or legal entity described in subparagraph (A); (C) a corporation or other legal entity that employed at least 50 employees to perform services in the United States at any one time on or after January 1, 1980; or (D) a corporation or other legal entity with $1,000,000 or more annual gross income that is effectively connected with the conduct of a trade or business within the United States. (2) New jobs.--The term ``new jobs'' means jobs created by a company of interest such that with respect to each new job the total value of wages and benefits is equal to or greater than the average total value of wages and benefits of the jobs outsourced by the company of interest during the previous five years. (3) Outsource.--The term ``outsource'' means to hire employees to perform services outside the United States when the services previously had been performed in the United States. (4) United states.--The term ``United States'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States. SEC. 3. EFFECTIVE DATE. This Act shall take effect one year after the date of its enactment.

Prohibits Federal agencies from awarding grants, contracts, loan guarantees, and other funding to companies of interest (as defined under this Act) that have outsourced jobs during the previous five years, except as specified under this Act or for national security purposes.

To make certain companies that have outsourced jobs during the previous five years ineligible for the receipt of Federal grants, Federal contracts, Federal loan guarantees, and other Federal funding, and for other purposes.

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Hurricane Wilma Taxpayer Relief Act of 2005''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Hurricane Wilma disaster area. TITLE I--SPECIAL RULES FOR USE OF RETIREMENT FUNDS FOR RELIEF RELATING TO HURRICANE WILMA Sec. 101. Tax-favored withdrawals from retirement plans for relief relating to Hurricane Wilma. Sec. 102. Recontributions of withdrawals for home purchases cancelled due to Hurricane Wilma. Sec. 103. Loans from qualified plans for relief relating to Hurricane Wilma. Sec. 104. Provisions relating to plan amendments. TITLE II--CHARITABLE GIVING INCENTIVES Sec. 201. Temporary suspension of limitations on charitable contributions. Sec. 202. Increase in standard mileage rate for charitable use of vehicles. Sec. 203. Mileage reimbursements to charitable volunteers excluded from gross income. TITLE III--ADDITIONAL TAX RELIEF PROVISIONS Sec. 301. Suspension of certain limitations on personal casualty losses. Sec. 302. Extension of replacement period for nonrecognition of gain for property located in Hurricane Wilma disaster area. TITLE IV--EMERGENCY REQUIREMENT Sec. 401. Emergency requirement. SEC. 2. HURRICANE WILMA DISASTER AREA. For purposes of this Act-- (1) Hurricane wilma disaster area.--The term ``Hurricane Wilma disaster area'' means an area with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Wilma. (2) Core disaster area.--The term ``core disaster area'' means that portion of the Hurricane Wilma disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under such Act. TITLE I--SPECIAL RULES FOR USE OF RETIREMENT FUNDS FOR RELIEF RELATING TO HURRICANE WILMA SEC. 101. TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS FOR RELIEF RELATING TO HURRICANE WILMA. (a) In General.--Section 72(t) of the Internal Revenue Code of 1986 shall not apply to any qualified Hurricane Wilma distribution. (b) Aggregate Dollar Limitation.-- (1) In general.--For purposes of this section, the aggregate amount of distributions received by an individual which may be treated as qualified Hurricane Wilma distributions for any taxable year shall not exceed the excess (if any) of-- (A) $100,000, over (B) the sum of-- (i) the aggregate amounts treated as qualified Hurricane Wilma distributions received by such individual for all prior taxable years, and (ii) the aggregate amounts treated as qualified Hurricane Katrina distributions (as defined in section 101 of the Katrina Emergency Relief Act of 2005) received by such individual for such taxable year and all prior taxable years. (2) Treatment of plan distributions.--If a distribution to an individual would (without regard to paragraph (1)) be a qualified Hurricane Wilma distribution, a plan shall not be treated as violating any requirement of the Internal Revenue Code of 1986 merely because the plan treats such distribution as a qualified Hurricane Wilma distribution, unless the aggregate amount of such distributions and qualified Hurricane Katrina distributions (as defined in section 101 of the Katrina Emergency Tax Relief Act of 2005) from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000. (3) Controlled group.--For purposes of paragraph (2), the term ``controlled group'' means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of such Code. (c) Amount Distributed May Be Repaid.-- (1) In general.--Any individual who receives a qualified Hurricane Wilma distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of such Code, as the case may be. (2) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of such Code, if a contribution is made pursuant to paragraph (1) with respect to a qualified Hurricane Wilma distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified Hurricane Wilma distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (3) Treatment of repayments for distributions from iras.-- For purposes of such Code, if a contribution is made pursuant to paragraph (1) with respect to a qualified Hurricane Wilma distribution from an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, the qualified Hurricane Wilma distribution shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (d) Definitions.--For purposes of this section-- (1) Qualified hurricane wilma distribution.--Except as provided in subsection (b), the term ``qualified Hurricane Wilma distribution'' means any distribution from an eligible retirement plan made on or after October 23, 2005, and before January 1, 2007, to an individual whose principal place of abode on October 23, 2005, is located in the Hurricane Wilma disaster area and who has sustained an economic loss by reason of Hurricane Wilma. (2) Eligible retirement plan.--The term ``eligible retirement plan'' shall have the meaning given such term by section 402(c)(8)(B) of such Code. (e) Income Inclusion Spread Over 3 Year Period for Qualified Hurricane Wilma Distributions.-- (1) In general.--In the case of any qualified Hurricane Wilma distribution, unless the taxpayer elects not to have this subsection apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable year period beginning with such taxable year. (2) Special rule.--For purposes of paragraph (1), rules similar to the rules of subparagraph (E) of section 408A(d)(3) of such Code shall apply. (f) Special Rules.-- (1) Exemption of distributions from trustee to trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405 of such Code, qualified Hurricane Wilma distributions shall not be treated as eligible rollover distributions. (2) Qualified hurricane wilma distributions treated as meeting plan distribution requirements.--For purposes of such Code, a qualified Hurricane Wilma distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such Code. SEC. 102. RECONTRIBUTIONS OF WITHDRAWALS FOR HOME PURCHASES CANCELLED DUE TO HURRICANE WILMA. (a) Recontributions.-- (1) In general.--Any individual who received a qualified distribution may, during the period beginning on October 23, 2005, and ending on February 28, 2006, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B) of the Internal Revenue Code of 1986) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3) of such Code, as the case may be. (2) Treatment of repayments.--Rules similar to the rules of paragraphs (2) and (3) of section 101(c) of this Act shall apply for purposes of this section. (b) Qualified Distribution Defined.--For purposes of this section, the term ``qualified distribution'' means any distribution-- (1) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F) of such Code, (2) received after February 28, 2005, and before October 24, 2005, and (3) which was to be used to purchase or construct a principal residence in the Hurricane Wilma disaster area, but which was not so purchased or constructed on account of Hurricane Wilma. (c) Coordination With Recontributions Due to Hurricane Katrina.--In the case of any distribution which is a qualified distribution under this section and under section 102 of the Katrina Emergency Tax Relief Act of 2005, the amount of the contributions that may be made under paragraph (1) with respect to such distribution shall be reduced by the amount of any contributions taking into account section 102 of such Act. SEC. 103. LOANS FROM QUALIFIED PLANS FOR RELIEF RELATING TO HURRICANE WILMA. (a) Increase in Limit on Loans not Treated as Distributions.--In the case of any loan from a qualified employer plan (as defined under section 72(p)(4) of the Internal Revenue Code of 1986) to a qualified individual made after the date of enactment of this Act and before January 1, 2007-- (1) clause (i) of section 72(p)(2)(A) of such Code shall be applied by substituting ``$100,000'' for ``$50,000'', and (2) clause (ii) of such section shall be applied by substituting ``the present value of the nonforfeitable accrued benefit of the employee under the plan'' for ``one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan''. (b) Delay of Repayment.--In the case of a qualified individual with an outstanding loan on or after October 23, 2005, from a qualified employer plan (as defined in section 72(p)(4) of such Code)-- (1) if the due date pursuant to subparagraph (B) or (C) of section 72(p)(2) of such Code for any repayment with respect to such loan occurs during the period beginning on October 23, 2005, and ending on December 31, 2006, such due date shall be delayed for 1 year, (2) any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under paragraph (1) and any interest accruing during such delay, and (3) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of section 72(p)(2) of such Code, the period described in paragraph (1) shall be disregarded. (c) Qualified Individual.--For purposes of this section, the term ``qualified individual'' means an individual whose principal place of abode on October 23, 2005, is located in the Hurricane Wilma disaster area and who has sustained an economic loss by reason of Hurricane Wilma. SEC. 104. PROVISIONS RELATING TO PLAN AMENDMENTS. (a) In General.--If this section applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A). (b) Amendments to Which Section Applies.-- (1) In general.--This section shall apply to any amendment to any plan or annuity contract which is made-- (A) pursuant to any amendment made by this title, or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor under this title, and (B) on or before the last day of the first plan year beginning on or after January 1, 2007, or such later date as the Secretary of the Treasury may prescribe. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), subparagraph (B) shall be applied by substituting the date which is 2 years after the date otherwise applied under subparagraph (B). (2) Conditions.--This section shall not apply to any amendment unless-- (A) during the period-- (i) beginning on the date the legislative or regulatory amendment described in paragraph (1)(A) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan), and (ii) ending on the date described in paragraph (1)(B) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (B) such plan or contract amendment applies retroactively for such period. TITLE II--CHARITABLE GIVING INCENTIVES SEC. 201. TEMPORARY SUSPENSION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS. For purposes of section 301 of the Katrina Emergency Tax Relief Act of 2005, a charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) paid by a corporation for relief efforts related to Hurricane Wilma shall be treated as though such contribution were paid for relief efforts related to Hurricane Katrina. SEC. 202. INCREASE IN STANDARD MILEAGE RATE FOR CHARITABLE USE OF VEHICLES. Notwithstanding section 170(i) of the Internal Revenue Code of 1986, for purposes of computing the deduction under section 170 of such Code for use of a vehicle described in subsection (f)(12)(E)(i) of such section for provision of relief related to Hurricane Wilma during the period beginning on October 23, 2005, and ending on December 31, 2006, the standard mileage rate shall be 70 percent of the standard mileage rate in effect under section 162(a) of such Code at the time of such use. Any increase under this section shall be rounded to the next highest cent. SEC. 203. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS EXCLUDED FROM GROSS INCOME. (a) In General.--For purposes of the Internal Revenue Code of 1986, gross income of an individual for taxable years ending on or after October 23, 2005, does not include amounts received, from an organization described in section 170(c) of such Code, as reimbursement of operating expenses with respect to use of a passenger automobile for the benefit of such organization in connection with providing relief relating to Hurricane Wilma during the period beginning on October 23, 2005, and ending on December 31, 2006. The preceding sentence shall apply only to the extent that the expenses which are reimbursed would be deductible under chapter 1 of such Code if section 274(d) of such Code were applied-- (1) by using the standard business mileage rate in effect under section 162(a) of such Code at the time of such use, and (2) as if the individual were an employee of an organization not described in section 170(c) of such Code. (b) Application to Volunteer Services Only.--Subsection (a) shall not apply with respect to any expenses relating to the performance of services for compensation. (c) No Double Benefit.--No deduction or credit shall be allowed under any other provision of such Code with respect to the expenses excludable from gross income under subsection (a). TITLE III--ADDITIONAL TAX RELIEF PROVISIONS SEC. 301. SUSPENSION OF CERTAIN LIMITATIONS ON PERSONAL CASUALTY LOSSES. Paragraphs (1) and (2)(A) of section 165(h) of the Internal Revenue Code of 1986 shall not apply to losses described in section 165(c)(3) of such Code which arise in the Hurricane Wilma disaster area on or after October 23, 2005, and which are attributable to Hurricane Wilma. In the case of any other losses, section 165(h)(2)(A) of such Code shall be applied without regard to the losses referred to in the preceding sentence. SEC. 302. EXTENSION OF REPLACEMENT PERIOD FOR NONRECOGNITION OF GAIN FOR PROPERTY LOCATED IN HURRICANE WILMA DISASTER AREA. Clause (i) of section 1033(a)(2)(B) of the Internal Revenue Code of 1986 shall be applied by substituting ``5 years'' for ``2 years'' with respect to property in the Hurricane Wilma disaster area which is compulsorily or involuntarily converted on or after October 23, 2005, by reason of Hurricane Wilma, but only if substantially all of the use of the replacement property is in such area. TITLE IV--EMERGENCY REQUIREMENT SEC. 401. EMERGENCY REQUIREMENT. Any provision of this Act causing an effect on receipts, budget authority, or outlays is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).

Hurricane Wilma Taxpayer Relief Act of 2005 - Amends the Internal Revenue to provide tax relief for victims of Hurricane Wilma, including by: (1) exempting retirement plan distributions for Hurricane Wilma relief made after October 23, 2005, and before January 1, 2007, from the penalty for premature retirement plan distributions. (2) allowing three-year income averaging, for income tax purposes, of retirement plan distributions for Hurricane Wilma relief; (3) allowing the recontribution of retirement plan distributions intended for home purchases that were canceled due to Hurricane Wilma; (4) allowing tax-free loans from retirement plans for Hurricane Wilma relief; (5) suspending limitations on the tax deduction for the charitable contributions of corporations for Hurricane Wilma relief; (6) increasing the standard mileage rate for the charitable use of a vehicle for Hurricane Wilma relief; (7) excluding from the gross income of charitable volunteers reimbursements for the use of automobiles to provide Hurricane Wilma relief; (8) suspending limitations on the tax deduction for personal casualty losses attributable to Hurricane Wilma; and (9) extending from two to five years the mandatory replacement period for property compulsorily or involuntarily converted due to Hurricane Wilma. Declares that any provision of this Act causing an effect on receipts, budget authority, or outlays is designated as an emergency requirement (pursuant to section 402 of H. Con. Res. 95 [109th Congress]).

To provide emergency tax relief for persons affected by Hurricane Wilma.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Hydration is an American Right in Energy Development Act of 2013''. SEC. 2. TESTING OF UNDERGROUND DRINKING WATER SOURCES IN CONNECTION WITH HYDRAULIC FRACTURING OPERATIONS. (a) In General.--Section 1421(b)(1) of the Safe Drinking Water Act (42 U.S.C. 300h(b)(1)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) shall prohibit the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities unless the person proposing to conduct the hydraulic fracturing operations agrees to conduct testing and report data in accordance with section 1421A.''. (b) Testing and Reporting Requirements.--Part C of the Safe Drinking Water Act is amended by inserting after section 1421 of such Act (42 U.S.C. 300h) the following: ``SEC. 1421A. TESTING OF UNDERGROUND DRINKING WATER SOURCES IN CONNECTION WITH HYDRAULIC FRACTURING OPERATIONS. ``(a) Requirements.--Regulations under section 1421(a) for State underground injection control programs shall, in connection with the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities, require any person conducting such operations-- ``(1) to conduct testing of underground sources of drinking water in accordance with subsections (c) and (d)-- ``(A) with respect to a site where, as of the date of enactment of this section, underground injection has not commenced for the first time-- ``(i) prior to commencement of underground injection at the site for the first time; ``(ii) at least once every 6 months during the period beginning at the commencement of underground injection described in clause (i) and ending at the cessation of such hydraulic fracturing operations; and ``(iii) at least once every 12 months during the 5-year period following the end of the period described in clause (ii); ``(B) with respect to a site where, as of the date of enactment of this section, there is no active underground injection, but underground injection has previously occurred at the site-- ``(i) prior to renewing underground injection at the site; ``(ii) at least once every 6 months during the period beginning at such renewal of underground injection and ending at the cessation of such hydraulic fracturing operations; and ``(iii) at least once every 12 months during the 5-year period following the end of the period described in clause (ii); and ``(C) with respect to a site where, as of the date of enactment of this section, such hydraulic fracturing operations are occurring-- ``(i) at least once every 6 months during the period beginning on the date of enactment of this section ending at the cessation of such hydraulic fracturing operations; and ``(ii) at least once every 12 months during the 5-year period following the end of the period described in clause (i); and ``(2) to submit reports to the Administrator on the results of testing under subparagraph (A), (B), or (C) of paragraph (1) within 2 weeks of such testing. ``(b) Exception.--The testing and reporting requirements of subsection (a) do not apply with respect to hydraulic fracturing operations if there is no accessible underground source of drinking water within a radius of one mile of the site where the operations occur. ``(c) Sampling Locations.--Testing required pursuant to subsection (a) shall occur-- ``(1) at all accessible underground sources of drinking water within a radius of one-half mile of the site where the hydraulic fracturing operations occur; and ``(2) if there is no accessible underground source of drinking water within such radius, at the nearest accessible underground source of drinking water within a radius of one mile of such site. ``(d) Testing.--Testing required pursuant to subsection (a) shall-- ``(1) be conducted by one or more laboratories certified pursuant to the Environmental Protection Agency's program for certifying laboratories for analysis of drinking water contaminants; and ``(2) include testing for any hazardous substance, pollutant, contaminant, or other factor that the Administrator determines would indicate damage associated with hydraulic fracturing operations. ``(e) Database; Public Accessibility.-- ``(1) Database.--The Administrator shall establish and maintain a database of the results reported pursuant to subsection (a)(2). ``(2) Public accessibility.--The Administrator shall make such database publicly accessible on the Website of the Environmental Protection Agency. ``(3) Public searchability.--The Administrator shall make such database searchable by zip code, allowing members of the public to easily identify all sites for which reports are submitted pursuant to subsection (a)(2). ``(f) Definition.--In this section, the term `accessible underground source of drinking water' means an underground source of drinking water to which the person conducting the hydraulic fracturing operations can reasonably gain access.''. (c) Conforming Amendment.--Section 1421(d)(1)(B)(ii) of the Safe Drinking Water Act (42 U.S.C. 300h(d)(1)(B)(ii)) is amended by inserting ``except as provided in subsection (b)(1)(E) of this section and section 1421A,'' before ``the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities''.

Safe Hydration is an American Right in Energy Development Act of 2013 - Amends the Safe Drinking Water Act to require states, in order to obtain primary enforcement responsibility for a state underground injection control program, to prohibit the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities unless the person proposing to conduct the hydraulic fracturing operations agrees to conduct testing and report data in accordance with this Act. Directs regulations under such Act for state underground injection control programs to require any person conducting such hydraulic fracturing operations to: (1) conduct testing of underground sources of drinking water in accordance with sampling and testing requirements described in this Act, and (2) report to the Administrator of the Environmental Protection Agency (EPA) on the results of such testing. Exempts hydraulic fracturing operations from such testing and reporting requirements if there is no accessible underground source of drinking water within a radius of one mile of the site where the operations occur. Requires the Administrator to establish and maintain a publicly accessible and searchable database of such results.

Safe Hydration is an American Right in Energy Development Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Tax Fairness Act of 1993''. SEC. 2. CREDIT FOR PORTION OF EMPLOYEE OASDI TAXES. (a) General Rule.--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 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CREDIT FOR PORTION OF EMPLOYEE OASDI TAXES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) such individual's employee OASDI taxes for the taxable year, or ``(2) the tax credit limitation amount for the calendar year in which such taxable year begins. ``(b) Tax Credit Limitation Amount.--For purposes of subsection (a)-- ``(1) In general.--Except as otherwise provided in this subsection, the tax credit limitation amount for any calendar year is the amount which the Secretary estimates will result in a reduction of revenues to the Federal Old-Age and Survivors Insurance Trust Fund for such calendar year equal to the increase in revenues for such year attributable to the application of-- ``(A) the tax imposed by section 3101(a) to wages in excess of the contribution and benefit base for such year, and ``(B) the last sentence of section 1402(b). ``(2) Railroad retirement.--In the case of an individual all of whose employee OASDI taxes for the taxable year are described in subparagraphs (B) and (D) of subsection (c)(1), the tax credit limitation amount for any calendar year is the amount which the Railroad Retirement Board estimates will result in a reduction of revenues to the Railroad Retirement Account for such calendar year equal to the increase in revenues for such year attributable to the application of the taxes described in such subparagraphs to compensation in excess of the contribution and benefit base for such year. ``(3) Adjustments.--The Secretary of the Treasury and the Railroad Retirement Board, as the case may be, shall make proper adjustments in the determination of the tax credit limitation amounts to the extent prior estimates were in excess of or less than the correct amounts for the purpose of ensuring that the balances of the Federal Old-Age and Survivors Insurance Trust Fund and the Railroad Retirement Account are not eroded by reason of the credits allowed under this section, thereby maintaining the long-term stability of such Trust Fund and Account. ``(c) Employee OASDI Taxes.--For purposes of this section-- ``(1) In general.--The term `employee OASDI taxes' means, with respect to any taxpayer for any taxable year-- ``(A) the amount of the taxes imposed by section 3101(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, ``(B) so much of the tax imposed by section 3201(a) as is determined at a rate not greater than the rate in effect under section 3101(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, ``(C) 50 percent of the taxes imposed by section 1401(a) on the self-employment income of the taxpayer for the taxable year, and ``(D) so much of the tax imposed by section 3211(a)(1) as is determined at a rate not greater than the rate in effect under section 3101(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins. ``(2) Special rule.--Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in paragraph (1)(A) shall be treated as taxes referred to in such paragraph. ``(3) Contribution and benefit base.--The term `contribution and benefit base' means the contribution and benefit base determined under section 230 of the Social Security Act.'' (b) Cost of Credit Borne By Retirement Funds.-- (1) OASDI trust fund.--The Secretary of the Treasury shall pay, from time to time, from the Federal Old-Age and Survivors Insurance Trust Fund to the general fund of the Treasury amounts equivalent to the credits allowed under section 35 of the Internal Revenue Code of 1986 which are attributable to taxes described in subparagraphs (A) and (C) of section 35(c)(1) of such Code. (2) Railroad retirement account.--The Railroad Retirement Board shall pay, from time to time, from the Railroad Retirement Account to the general fund of the Treasury amounts equivalent to the credits allowed under section 35 of the Internal Revenue Code of 1986 which are attributable to taxes described in subparagraphs (B) and (D) of section 35(c)(1) of such Code. (3) Transfers.--Such amounts shall be transferred on the basis of estimates by the Secretary of the Treasury or the Railroad Retirement Board, as the case may be, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the credits allowed. (c) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 35 and inserting the following: ``Sec. 35. Credit for portion of employee OASDI taxes. ``Sec. 36. Overpayments of tax.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 3. REPEAL OF DOLLAR LIMITATION ON AMOUNT OF WAGES SUBJECT TO EMPLOYEE OASDI TAX. (a) OASDI Tax.-- (1) Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 (defining wages) is amended by inserting ``except in the case of the tax imposed by section 3101(a),'' after ``(1)''. (2) Paragraph (1) of section 3121(x) of such Code is amended-- (A) by striking ``sections 3101(a) and 3111(a)'' and inserting ``section 3111(a)'', and (B) by inserting ``Employer Tax for'' before ``Old- Age'' in the heading. (b) Self-Employment Tax.--Subsection (b) of section 1402 of such Code is amended by adding at the end thereof the following new sentence: ``Paragraph (1) shall not apply to so much of the rate applicable under section 1401(a) as does not exceed the rate of tax in effect under section 3101(a).'' (c) Railroad Retirement Tax.--Subparagraph (A) of section 3231(e)(2) of such Code is amended by adding at the end thereof the following new clause: ``(iii) Employee oasdi taxes.--Clause (i) shall not apply to-- ``(I) so much of the rate applicable under section 3201(a) as does not exceed the rate of tax in effect under section 3101(a), and ``(II) so much of the rate applicable under section 3211(a)(1) as does not exceed the rate of tax in effect under section 3101(a).'' (d) Technical Amendments.-- (1) Paragraph (1) of section 6413(c) of such Code is amended-- (A) by striking ``the contribution and benefit base (as determined under section 230 of the Social Security Act)'' and inserting ``the applicable contribution base determined under section 3121(x)(2)'', and (B) by striking ``section 3101 or section 3201'' and inserting ``section 3101(b) or section 3201(a) (to the extent the rate applicable under section 3201(a) as does not exceed the rate of tax in effect under section 3101(b))''. (2) Subparagraphs (B) and (C) of section 6413(c)(2) of such Code are each amended by striking ``section 3101'' each place it appears and inserting ``section 3101(b)''. (3) Subsection (c) of section 6413 of such Code is amended by striking paragraph (3). (e) Effective Date.--The amendments made by this section shall apply to 1994 and later calendar years.

Social Security Tax Fairness Act of 1993 - Amends the Internal Revenue Code to allow a refundable credit for a portion of an individual's employee OASDI taxes. Requires payment for the costs of such credit to the general fund of the Treasury from amounts in the Federal Old-Age and Survivors Insurance Trust Fund and the Railroad Retirement Account. Repeals the dollar limitation on the amount of wages subject to employee OASDI taxes.

Social Security Tax Fairness Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Infrastructure Safety and Congestion Relief Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) although the United States Customs Service has collected increased duties, merchandise fees, and revenues from other commerce-related activities because of the approval and implementation of the North American Free Trade Agreement, these increased revenues have not been accompanied by Federal funding for improving transportation facilities along the international borders of the United States to ensure the free and safe flow of trade destined for all States and regions of the United States; (2) because of NAFTA, all 4 States along the United States- Mexico border will require significant investments in highway infrastructure capacity and motor carrier safety enforcement at a time when border States face extreme difficulty in meeting current highway funding needs; (3) the full benefits of increased international trade can be realized only if delays at the borders are significantly reduced; and (4) the increased revenues to the general fund of the Treasury described in paragraph (1) should be sufficient to provide Federal funding for transportation improvements required to accommodate NAFTA-generated traffic, in an amount above and beyond regular Federal transportation funding apportionments. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Border region.--The term ``border region'' means the region located within 60 miles of the United States border with Mexico. (2) Border state.--The term ``border State'' means California, Arizona, New Mexico, and Texas. (3) Fund.--The term ``Fund'' means the Border Transportation Infrastructure Fund established under section 4(g). (4) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement. (5) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 4. DIRECT FEDERAL ASSISTANCE FOR BORDER CONSTRUCTION AND CONGESTION RELIEF. (a) In General.--Using amounts in the Fund, the Secretary shall make grants under this section to border States that submit an application that demonstrates need, due to increased traffic resulting from the implementation of NAFTA, for assistance in carrying out transportation projects that are necessary to relieve traffic congestion or improve enforcement of motor carrier safety laws. (b) Grants for Connectors to Federal Border Crossing Facilities.-- The Secretary shall make grants to border States for the purposes of connecting, through construction or reconstruction, the National Highway System designated under section 103(b) of title 23, United States Code, with Federal border crossing facilities located in the United States in the border region. (c) Grants for Weigh-in-Motion Devices in Mexico.--The Secretary shall make grants to assist border States in the purchase, installation, and maintenance of weigh-in-motion devices and associated electronic equipment that are to be located in Mexico if real time data from the devices is provided to the nearest United States port of entry and to State commercial vehicle enforcement facilities that serve the port of entry. (d) Grants for Commercial Vehicle Enforcement Facilities.--The Secretary shall make grants to border States to construct, operate, and maintain commercial vehicle enforcement facilities located in the border region. (e) Limitations on Expenditures of Funds.-- (1) Cost sharing.--A grant under this section shall be used to pay the Federal share of the cost of a project. The Federal share shall be 80 percent. (2) Allocation among states.-- (A) In general.--For each fiscal year, the Secretary shall allocate amounts remaining in the Fund, after any transfers under section 5, among border States in accordance with an equitable formula established by the Secretary in accordance with subparagraphs (B) and (C). (B) Considerations.--Subject to subparagraph (C), in establishing the formula, the Secretary shall consider-- (i) the annual volume of international commercial vehicle traffic at the ports of entry of each border State as compared to the annual volume of international commercial vehicle traffic at the ports of entry of all border States, based on the data provided in the most recent report submitted under section 8; (ii) the percentage by which international commercial vehicle traffic in each border State has grown during the period beginning on the date of the enactment of the North American Free Trade Agreement Implementation Act (Public Law 103-182) as compared to that percentage for each other border State; and (iii) the extent of border transportation improvements carried out by each border State during the period beginning on the date of the enactment of the North American Free Trade Agreement Implementation Act (Public Law 103- 182). (C) Minimum allocation.--Each border State shall receive not less than 5 percent of the amounts made available to carry out this section during the period of authorization under subsection (i). (f) Eligibility for Reimbursement for Previously Commenced Projects.--The Secretary shall make a grant under this section to a border State that reimburses the border State for a project for which construction commenced after January 1, 1994, if the project is otherwise eligible for assistance under this section. (g) Border Transportation Infrastructure Fund.-- (1) Establishment.--There is established in the Treasury of the United States the Border Transportation Infrastructure Fund to be used in carrying out this section, consisting of such amounts as are appropriated to the Fund under subsection (i). (2) Expenditures from fund.-- (A) In general.--Subject to subparagraph (B), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary of Transportation such amounts as the Secretary of Transportation determines are necessary to make grants under this section and transfers under section 5. (B) Administrative expenses.--An amount not exceeding 1 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this section. (h) Applicability of Title 23.--Title 23, United States Code, shall apply to grants made under this section. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Fund to carry out this section and section 5 $125,000,000 for each of fiscal years 1998 through 2001. The appropriated amounts shall remain available for obligation until the end of the third fiscal year following the fiscal year for which the amounts are appropriated. SEC. 5. CONSTRUCTION OF TRANSPORTATION INFRASTRUCTURE FOR LAW ENFORCEMENT PURPOSES. At the request of the Attorney General, the Secretary may transfer up to $10,000,000 of the amounts from the Fund for fiscal years 1998 through 2001 to the Attorney General for the construction of transportation infrastructure necessary for law enforcement in border States. SEC. 6. BORDER INFRASTRUCTURE INNOVATIVE FINANCING. (a) Purposes.--The purposes of this section are-- (1) to encourage the establishment and operation of State infrastructure banks in accordance with section 350 of the National Highway System Designation Act of 1995 (109 Stat. 618; 23 U.S.C. 101 note); and (2) to advance transportation infrastructure projects supporting international trade and commerce. (b) Federal Line of Credit.--Section 350 of the National Highway System Designation Act of 1995 (109 Stat. 618; 23 U.S.C. 101 note) is amended-- (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: ``(l) Federal Line of Credit.-- ``(1) In general.--There is authorized to be appropriated from the general fund of the Treasury $100,000,000 to be used by the Secretary to enter into agreements to make lines of credit available to-- ``(A) border States that have established infrastructure banks under this section; and ``(B) the State of New Mexico which has established a border authority that has bonding capacity. ``(2) Amount.--The line of credit available to each participating border State shall be equal to the product of-- ``(A) the amount appropriated under paragraph (1); and ``(B) the quotient obtained by dividing-- ``(i) the contributions of the State to the Highway Trust Fund during the latest fiscal year for which data are available; by ``(ii) the total contributions of all participating border States to the Highway Trust Fund during that fiscal year. ``(3) Use of line of credit.--The line of credit under this subsection shall be available to provide Federal support in accordance with this subsection for funding agreements with-- ``(A) a State infrastructure bank engaged in providing credit enhancement to creditworthy eligible public and private multimodal projects that support international trade and commerce in the border region; and ``(B) the New Mexico Border Authority; (each referred to in this subsection as a `border infrastructure bank'). ``(4) Limitations.-- ``(A) In general.--A line of credit under this subsection may be drawn on only-- ``(i) with respect to a completed project described in paragraph (3) that is receiving credit enhancement through a border infrastructure bank; ``(ii) when the cash balance available in the border infrastructure bank is insufficient to pay a claim for payment relating to the project; and ``(iii) when all subsequent revenues of the project have been pledged to the border infrastructure bank. ``(B) Third party creditor rights.--No third party creditor of a public or private entity carrying out a project eligible for assistance from a border infrastructure bank shall have any right against the Federal Government with respect to a line of credit under this subsection, including any guarantee that the proceeds of a line of credit will be available for the payment of any particular cost of the public or private entity that may be financed under this subsection. ``(5) Interest rate and repayment period.--Any draw on a line of credit under this subsection shall-- ``(A) accrue, beginning on the date the draw is made, interest at a rate equal to the current (as of the date the draw is made) market yield on outstanding, marketable obligations of the United States with maturities of 30 years; and ``(B) shall be repaid within a period of not more than 30 years. ``(6) Relationship to state apportionment.--Funds made available to States to carry out this subsection shall be in addition to funds apportioned to States under section 104 of title 23, United States Code. ``(7) Definitions.--In this subsection, terms `border State' and `border region' have the meaning such terms have under section 3 of the Border Infrastructure Safety and Congestion Relief Act of 1996.''. SEC. 7. RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM. (a) Purpose.--The purpose of this section is to provide assistance for freight rail projects in border States that benefit international trade and relieve highways of increased traffic resulting from NAFTA. (b) Issuance of Obligations.--The Secretary shall issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 832), in such amounts, and at such times, as may be necessary to-- (1) pay any amounts required pursuant to the guarantee of the principal amount of an obligation under section 511 of such Act (45 U.S.C. 831) for any eligible freight rail project described in subsection (c) during the period that the guaranteed obligation is outstanding; and (2) during the period referred to in paragraph (1), meet the applicable requirements of this section and sections 511 and 513 of such Act (45 U.S.C. 832 and 833). (c) Eligibility.--Assistance provided under this section shall be limited to those freight rail projects located in the United States that provide intermodal connections that enhance cross-border traffic in the border region. (d) Limitation.--Notwithstanding any other provision of law, the aggregate unpaid principal amounts of obligations that may be guaranteed by the Secretary under this section may not exceed $100,000,000 during any of fiscal years 1998 through 2001. (e) Authorization of Appropriations.--There are authorized to be appropriated to make loan guarantees under this section $10,000,000 for each of fiscal years 1998 through 2001. SEC. 8. REPORT. (a) In General.--The Secretary shall annually submit to Congress and the Governor of each border State a report concerning-- (1) the volume and nature of international commercial vehicle traffic crossing the border between the United States and Mexico; and (2)(A) the number of international commercial vehicle inspections conducted by each border State at each United States port of entry; and (B) the rate of out-of-service violations of international commercial vehicles found through the inspections. (b) Information Provided by United States Customs Service.--For the purpose of preparing each report under subsection (a)(1), the Commissioner of Customs shall provide to the Secretary such information described in subsection (a)(1) as the Commissioner has available.

Border Infrastructure Safety and Congestion Relief Act of 1996 - Authorizes the Secretary of Transportation to make grants to border States (California, Arizona, New Mexico, and Texas) for certain transportation projects necessary to: (1) relieve congestion due to increased traffic resulting from implementation of the North American Free Trade Agreement (NAFTA); or (2) improve enforcement of motor carrier safety laws. Limits the Federal share of the costs of such projects to 80 percent. Establishes the Border Transportation Infrastructure Fund. Authorizes appropriations. Authorizes the Secretary, at the Attorney General's request, to transfer up to $10 million of amounts from the Fund to the Attorney General for construction of transportation infrastructure necessary for law enforcement in border States. Amends the National Highway System Designation Act of 1995 to authorize appropriations and enter into agreements to make lines of credit available to: (1) border States that have established infrastructure banks to advance transportation infrastructure projects supporting international trade and commerce in the region; and (2) the New Mexico Border Authority. Authorizes appropriations to provide assistance for freight rail projects in border States that benefit international trade and relieve highways of increased traffic resulting from NAFTA.

Border Infrastructure Safety and Congestion Relief Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Center for American Cultural Heritage Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The history of the United States is in large measure the history of how the United States was populated. (2) The evolution of the American population is broadly termed the ``peopling of America'' and is characterized by the movement of groups of people across external and internal boundaries of the United States as well as by the interactions of such groups with each other. (3) Each of these groups has made unique, important contributions to American history, culture, art, and life. (4) The spiritual, intellectual, cultural, political, and economic vitality of the United States is a result of the pluralism and diversity of the population. (5) The Smithsonian Institution operates 16 museums and galleries, a zoological park, and 5 major research facilities. None of these public entities is a national institution dedicated to presenting the history of the peopling of the United States as described in paragraph (2). (6) The respective missions of the National Museum of American History of the Smithsonian Institution and the Ellis Island Immigration Museum of the National Park Service limit the ability of such museums to present fully and adequately the history of the diverse population and rich cultures of the United States. (7) The absence of a national facility dedicated solely to presenting the history of the peopling of the United States restricts the ability of the citizens of the United States to fully understand the rich and varied heritage of the United States derived from the unique histories of many peoples from many lands. (8) The establishment of a Center for American Cultural Heritage to conduct educational and interpretive programs on the history of the United States' multiethnic, multiracial character will help to inspire and better inform the citizens of the United States about the rich and diverse cultural heritage of the citizens of the United States. SEC. 3. ESTABLISHMENT OF THE CENTER FOR AMERICAN CULTURAL HERITAGE. (a) Establishment.--There is established within the National Museum of American History of the Smithsonian Institution a facility that shall be known as the ``Center for American Cultural Heritage''. (b) Purposes of the Center.--The purposes of the Center are to-- (1) promote knowledge of the life, art, culture, and history of the many groups of people who comprise the United States; (2) illustrate how such groups cooperated, competed, or otherwise interacted with each other; and (3) explain how the diverse, individual experiences of each group collectively helped forge a unified national experience. (c) Components of the Center.--The Center shall include-- (1) a location for permanent and temporary exhibits depicting the historical process by which the United States was populated; (2) a center for research and scholarship relating to the life, art, culture, and history of the groups of people of the United States; (3) a repository for the collection, study, and preservation of artifacts, artworks, and documents relating to the diverse population of the United States; (4) a venue for public education programs designed to explicate the multicultural past and present of the United States; (5) a location for the development of a standardized index of documents, artifacts, and artworks in collections that are held by the Smithsonian Institution and classified in a manner consistent with the purposes of the Center; (6) a clearinghouse for information on documents, artifacts, and artworks on the groups of people of the United States that may be available to researchers, scholars, or the general public through non-Smithsonian collections, such as documents, artifacts, and artworks of such groups held by other Federal agencies, museums, universities, individuals, and foreign institutions; (7) a folklife center committed to highlighting the cultural expressions of various peoples within the United States; (8) a center to promote mutual understanding and tolerance among the groups of people of the United States through exhibits, films, brochures, and other appropriate means; (9) an oral history library developed through interviews with volunteers, including visitors; (10) a location for a visitor center that shall provide individually tailored orientation guides for visitors to all Smithsonian Institution facilities; (11) a location for the training of museum professionals and others in the arts, humanities, and sciences with respect to museum practices relating to the life, art, history, and culture of the various groups of people of the United States; and (12) a location for developing, testing, demonstrating, evaluating, and implementing new museum-related technologies that assist to fulfill the purposes of the Center, enhance the operation of the Center, and improve accessibility of the Center. SEC. 4. LOCATION AND CONSTRUCTION. (a) Location.--The Center shall be located in new or existing Smithsonian Institution facilities on or near the National Mall located in the District of Columbia. (b) Construction.--The Board of Regents is authorized to plan, design, reconstruct, or construct appropriate facilities to house the Center. SEC. 5. DIRECTOR AND STAFF. (a) In General.--The Secretary of the Smithsonian Institution shall appoint and fix the compensation and duties of a Director, Assistant Director, Secretary, and Chief Curator of the Center and any other officers and employees necessary for the operation of the Center. The Director of the Center shall report to the Director of the National Museum of American History. The Director, Assistant Director, Secretary, and Chief Curator shall be qualified through experience and training to perform the duties of their offices. (b) Applicability of Certain Civil Service Laws.--The Secretary of the Smithsonian Institution may-- (1) appoint the Director and 5 employees under subsection (a), without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and (2) fix the pay of the Director and such 5 employees, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. SEC. 6. ADVISORY COMMITTEE ON AMERICAN CULTURAL HERITAGE. (a) Establishment of Advisory Committee.-- (1) Establishment.--There is established an advisory committee to be known as the ``Advisory Committee on American Cultural Heritage''. (2) Membership.-- (A) Composition.--The Committee shall be composed of 15 members who shall-- (i) be appointed by the Secretary; (ii) have expertise in immigration history, ethnic studies, museum science, or any other academic or professional field that involves matters relating to the cultural heritage of the citizens of the United States; and (iii) reflect the diversity of the citizens of the United States. (B) Initial appointments.--The initial appointments of the members of the Committee shall be made not later than 6 months after the date of enactment of this Act. (3) Period of appointment; vacancies.--Members shall be appointed for the life of the Committee. Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting.--Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold its first meeting. (5) Meetings.--The Committee shall meet at the call of the Chairperson, but shall meet not less than 2 times each fiscal year. (6) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among its members. (b) Duties of the Committee.--The Committee shall advise the Secretary, the Director of the National Museum of American History, and the Director of the Center on policies and programs affecting the Center. (c) Committee Personnel Matters.-- (1) Compensation of members.--Each member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Committee. All members of the Committee who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. (3) Staff.-- (A) In general.--The Chairperson of the Committee may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform its duties. The employment of an executive director shall be subject to confirmation by the Committee. (B) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. DEFINITIONS. As used in this Act: (1) Board of regents.--The term ``Board of Regents'' means the Board of Regents of the Smithsonian Institution. (2) Center.--The term ``Center'' means the Center for American Cultural Heritage established under section 3(a). (3) Committee.--The term ``Committee'' means the advisory Committee on American Cultural Heritage established under section 8(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Smithsonian Institution. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for each fiscal year.

Center for American Cultural Heritage Act - Establishes the Center for American Cultural Heritage within the National Museum of American History of the Smithsonian Institution, to be located in new or existing Smithsonian Institution facilities on or near the National Mall in the District of Columbia. Establishes an Advisory Committee on American Cultural Heritage, whose members are to be appointed by the Secretary of the Smithsonian Institution. Authorizes appropriations.

Center for American Cultural Heritage Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elimination of Neglected Diseases Act of 2006''. SEC. 2. PATENT EXTENSION AND RESTORATION. (a) In General.--Chapter 14 of title 35, United States Code, is amended by inserting after section 156 the following: ``Sec. 156a. Extension and restoration of patent terms relating to neglected and tropical diseases ``(a) Definitions.--In this section, the term-- ``(1) `AIDS' means the acquired immune deficiency syndrome; ``(2) `AIDS drug' means a drug indicated for treating HIV; ``(3) `eligible patent' means a patent that-- ``(A) claims-- ``(i) an approved new molecular entity standard review drug; ``(ii) an active ingredient of such new molecular entity standard review drug; ``(iii) a process of making or using the new molecular entity standard review drug; or ``(iv) a process of making an active ingredient of such new molecular entity standard review drug; and ``(B) is owned by or licensed to a person that has filed and received approval of an application described in section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)), for a tropical disease product; ``(4) `HIV' means the human immunodeficiency virus, the pathogen that causes AIDS; ``(5) `neglected or tropical disease' means-- ``(A) HIV, malaria, tuberculosis, and related diseases; or ``(B) any other infectious disease that disproportionately affects poor and marginalized populations, including those diseases targeted by the Special Programme for Research and Training in Tropical Diseases cosponsored by the United Nations Development Program, UNICEF, the World Bank, and the World Health Organization; ``(6) `new molecular entity standard review drug'-- ``(A) means a drug that-- ``(i) has never been marketed in the United States; ``(ii) appears to have therapeutic qualities superior to the therapeutic qualities of another drug that is marketed in the United States; and ``(iii) is designated by the Secretary of Health and Human Services under section 524 of the Federal Food, Drug, and Cosmetic Act as having a new molecular entity chemical type classification and standard review drug treatment potential classification, other than drugs developed to treat serious or life- threatening diseases; and ``(B) shall not include a subpart E drug or an AIDS drug; ``(7) `regulatory review period' means the period described under section 506(g)(1)(B); ``(8) `subpart E drug' means a drug developed or evaluated under special procedures for drugs to treat life-threatening or severely debilitating illnesses under subpart E of part 312 of title 21 of the Code of Federal Regulations; and ``(9) `tropical disease product' means a product that-- ``(A) is approved for use in the treatment of a neglected or tropical disease; ``(B) is a new drug, antibiotic drug, biological product, device, diagnostic, or other tool for treatment, as those terms are used in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and the Public Health Service Act (42 U.S.C. 201 et seq.); and ``(C) is certified by the Secretary of Health and Human Services under section 524 of the Federal Food, Drug, and Cosmetic Act . ``(b) Patent Term Extension.--The term of an eligible patent shall be extended by a period not to exceed 2 years and not less than 6 months in duration if-- ``(1) an application in conformance with the requirements of subsection (d) is submitted to the Director by either the owner of record of the patent or its agent on the later of-- ``(A) on or before the date specified under subsection (d)(3); or ``(B) within 45 days after the date of issuance of the patent; ``(2) the term of the eligible patent that is the basis of the application has not expired prior to the date that the application is submitted under subsection (d); ``(3) the regulatory review period for the tropical disease product has not been relied upon to support an application to extend the term of another patent under this section or under any other provision of law; and ``(4) the Food and Drug Administration has certified the eligibility of that tropical disease product for patent extension. ``(c) Patent Term Restoration.--The term of a patent for a tropical disease product shall be restored by a period equal to the number of days in the regulatory review period, if, with respect to the patent that is the basis for application-- ``(1) the owner of record of the patent or its agent submits an application to the Director on the later of-- ``(A) on or before the date specified under subsection (d)(3); or ``(B) on or before 45 days after the date of issuance of the patent; ``(2) the patent has not been previously restored or extended under this section; ``(3) the term of the patent has not expired prior to the date that the owner of the record of the patent or its agent submits an application to the Director; ``(4) the regulatory review period for the product has not been relied upon to support an application to extend the term of another patent under any section of this title; and ``(5) the Food and Drug Administration has certified the eligibility of that tropical disease product for patent restoration. ``(d) Administrative Provisions.-- ``(1) In general.--To obtain an extension or restoration of the term of an eligible patent or patent of a tropical disease product under this section, the assigner of record and licensee of record of the eligible patent or tropical disease product or the agent of the assigner of record and licensee shall submit an application to the Director. ``(2) Content.--The application shall contain-- ``(A) a description of the approved tropical disease product and the Federal statute under which regulatory review relating to such product occurred; ``(B) the identity of-- ``(i) the eligible patent for which an extension is sought under this section; or ``(ii) the patent for a tropical disease product for which a restoration is sought under this section; ``(C) an undertaking by the applicant to make publicly available independently audited financial statements to verify commercialization of the approved tropical disease product; and ``(D) such other information as the Director may require including additional information to establish that the eligible patent or tropical disease product meets the requirements of this section. ``(3) Submission of application.--Upon submission of the application for approval of the tropical disease product to the Food and Drug Administration, the sponsor shall give notice of which patent it would extend if the patent becomes eligible for the extension or restoration upon successfully completing the research. The Secretary of Health and Human Services shall publish the notice. ``(4) Irrevocable election.--The submission of an application under this section is an irrevocable election of the application of this section to the eligible patent or patent for a tropical disease product that is the basis of the application. An eligible patent or patent for a tropical disease product that is the basis of an application submitted under this section may not be the subject of an application made under section 156 or any other provision of law. ``(5) Rule of construction.--Nothing in this section shall be construed to prohibit an extension, under an application made under any other section of this title, of the term of a patent relating to a tropical disease product that, prior to the effective date of this section, was approved for commercial marketing for a nontropical disease use. ``(e) Limitation.--An eligible patent may not be extended under this section if-- ``(1) the tropical disease product was approved for commercial marketing prior to the date of enactment of this section; or ``(2) the eligible patent that is the basis of the application under this section expired prior to the date of enactment of this section.''. (b) Designation for Patent Extension and Restoration.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 523 the following: ``SEC. 524. DESIGNATION FOR PATENT EXTENSION AND RESTORATION. ``(a) Definitions.--In this section: ``(1) New molecular entity standard review drug.--The term `new molecular entity standard review drug' has the meaning given that term in section 156a of title 35, United States Code. ``(2) Tropical disease product.--The term `tropical disease product' has the meaning given that term in section 156a of title 35, United States Code. ``(b) New Molecular Entity Standard Review Drug.--The Secretary, acting through the Commissioner of Food and Drugs-- ``(1) shall designate a drug as a new molecular entity standard review drug for purposes of section 156a of title 35, United States Code, if that drug-- ``(A) has a new molecular entity chemical type classification and standard review drug treatment potential classification; and ``(B) is not a drug developed to treat serious or life-threatening diseases; ``(2) shall apply the guidance issued in calendar year 2002 on serious or life-threatening diseases for purposes of paragraph (1)(B); ``(3) shall maintain and annually update a classification list of serious and life-threatening diseases; and ``(4) may remove the designation of a drug as a new molecular entity standard review drug as designated under paragraph (1). ``(c) Tropical Disease Products.--The Secretary shall certify tropical disease products for purposes of section 156a of title 35, United States Code.''. (c) Technical and Conforming Amendment.--The table of sections for chapter 14 of title 35, United States Code, is amended by inserting after the item relating to section 156 the following: ``156a. Extension and restoration of patent terms relating to neglected and tropical diseases.''. (d) Study and Report.-- (1) Study.--The Director of the United States Patent and Trademark Office, in conjunction with the Food and Drug Administration, the Department of Health and Human Services, and the United States Agency for International Development, shall conduct a study on the effect of patent extension and restoration on the ability of pharmaceutical companies to develop and distribute tropical disease products for poor and marginalized populations. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Director of the United States Patent and Trademark Office shall submit a report on the results of the study under paragraph (1) to-- (A) the Committee on Foreign Relations of the Senate and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the appropriate committees of the House of Representatives.

Elimination of Neglected Diseases Act of 2006 - Provides for the extension and restoration of the patent term for a certified tropical disease product: (1) that is used to treat neglected or tropical diseases such as HIV, malaria, tuberculosis, or other infectious disease that disproportionately affect poor and marginalized populations; and (2) the patent for which claims an approved new molecular entity standard review drug or the process of making such a drug or the drug's active ingredient. Requires the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to: (1) designate as a new molecular entity standard review drug a drug that has a new molecular entity chemical type classification and standard review drug treatment potential classifications and is not a drug developed to treat serious or life-threatening diseases; and (2) maintain and annually update a classification list of serious and life-threatening diseases. Allows the Secretary, acting through the Commissioner, to remove the designation of a drug as a new molecular entity standard review drug. Requires the Director of the United States Patent and Trademark Office (USPTO) to study the effect of patent extension and restoration on the ability of pharmaceutical companies to develop and distribute tropical disease products for poor and marginalized populations.

A bill to promote the research and development of drugs related to neglected and tropical diseases, and for other purposes.

SECTION 1. REFUNDABLE CREDIT FOR CHILD DISABILITY EDUCATION AND TRAINING EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 35 as section 36 and inserting after section 34 the following new section: ``SEC. 35. CHILD DISABILITY EDUCATION AND TRAINING EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid or incurred by the taxpayer during the taxable year for qualified child disability expenses. ``(b) Limitations.-- ``(1) Maximum dollar amount.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed $2,000. ``(2) Limitation based on adjusted gross income.-- ``(A) In general.--The amount of the credit allowable under subsection (a) (after application of paragraph (1)) shall be reduced (but not below zero) by $500 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds $150,000. ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Cost-of-living adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 2002, the $150,000 amount under subparagraph (A) 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 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding rules.--If any amount after adjustment under clause (i) is not a multiple of $1,000, such amount shall be rounded to the next lower multiple of $1,000. ``(c) Qualified Child Disability Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified child disability expenses' means amounts paid for services and equipment related to education and training of a qualified child of the taxpayer in connection with a developmental disability of such child, including-- ``(A) behavioral therapy, ``(B) speech therapy, ``(C) occupational therapy, ``(D) physical therapy, ``(E) auditory therapy, ``(F) assistive communication technology, and ``(G) such other services as the Secretary may, in consultation with the Secretary of Health and Human Services and the Secretary of Education, provide by regulation. ``(2) Developmental disability.--The term `developmental disability' has the same meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402; 114 Stat. 1682). ``(3) Qualified child.--The term `qualified child' means any individual if-- ``(A) the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year, ``(B) such individual has not attained the age of 18 as of the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) such individual bears a relationship to the taxpayer described in section 32(c)(3)(B). ``(d) Verification Requirements.-- ``(1) Expenses must be substantiated.--Qualified child disability expenses to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such expense in such form as the Secretary may prescribe. ``(2) Identification requirement.--No credit shall be allowed under this section with respect to any qualified child unless the taxpayer includes the name and taxpayer identification number of such qualified child on the return of tax for the taxable year. ``(e) Special Rules.-- ``(1) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. ``(2) Married couples must file joint returns.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section. ``(3) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 35. Child disability expenses. ``Sec. 36. Overpayments of tax.''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end the following: ``(28) in the case of property with respect to which a credit was allowed under section 35, to the extent provided in section 35(e)(3).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Amends the Internal Revenue Code to allow a taxpayer an income-based credit ($2,000 maximum) for qualifying child disability education and training expenses paid on behalf of a dependent under the age of 18.

To amend the Internal Revenue Code of 1986 to provide a refundable credit against tax with respect to education and training of developmentally disabled children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Terrorism Protection of Mass Transportation and Railroad Carriers Act of 2003''. SEC. 2. ATTACKS AGAINST MASS TRANSPORTATION SYSTEMS AND RAILROAD CARRIERS. (a) In general.--Chapter 97 of title 18, United States Code, is amended by striking sections 1992 and 1993 and inserting the following: ``Sec. 1992. Terrorist attacks and other acts of violence against mass transportation systems on land, on water, or through the air, and against railroad carriers ``(a) General Prohibitions.--Whoever willfully-- ``(1) wrecks, derails, sets fire to, or disables a mass transportation vehicle or ferry, or a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier; ``(2) places or causes to be placed any biological agent or toxin, destructive substance, or destructive device in, upon, or near a mass transportation vehicle or ferry, or a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier, without previously obtaining the permission of the mass transportation provider or railroad carrier, and with intent to endanger the safety of any passenger or employee of such a provider or carrier, or with a reckless disregard for the safety of human life; ``(3) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places or causes to be placed any biological agent or toxin, destructive substance, or destructive device in, upon, or near any-- ``(A) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a mass transportation vehicle or ferry used, operated, or employed by a mass transportation provider; or ``(B) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, without previously obtaining the permission of the railroad carrier, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier; ``(4) removes an appurtenance from, damages, or otherwise impairs the operation of a mass transportation signal or dispatching system or railroad signal system, including a train control system, centralized dispatching system, or highway- railroad grade crossing warning signal, without authorization from the mass transportation provider or railroad carrier; ``(5) interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other person while the person is employed in dispatching, operating, or maintaining a mass transportation vehicle or ferry, or a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment, with intent to endanger the safety of any passenger or employee of a mass transportation provider or railroad carrier, or with a reckless disregard for the safety of human life; ``(6) commits an act, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to an employee or passenger of a mass transportation provider or railroad carrier, or any other person while any of the foregoing is on the property of a mass transportation provider or railroad carrier; ``(7) conveys or causes to be conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt that was made, is being made, or is to be made, to do any act which would be a crime prohibited by this subsection; ``(8) causes the release of a hazardous material or a biological agent or toxin on the property of a mass transportation provider or railroad carrier, with the intent to endanger the safety of any person or with a reckless disregard for the safety of human life; or ``(9) attempts, threatens, or conspires to do any of the acts described in paragraphs (1) through (8), shall be fined under this title or imprisoned not more than 20 years, or both, if the act is committed, or, in the case of an attempt, threat, or conspiracy to do an act enumerated in paragraphs (1) through (8), it would be committed, on, against, or affecting a mass transportation provider or railroad carrier engaged in or affecting interstate or foreign commerce, or if that person travels or communicates across a State line in order to commit an act enumerated in paragraphs (1) through (9), or transports materials across a State line in aid of the commission of an act enumerated in paragraphs (1) through (9). ``(b) Aggravated Offense.--Whoever commits an offense under subsection (a) of this section in a circumstance in which-- ``(1) the mass transportation vehicle or ferry, or train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment, was carrying a passenger at the time of the offense; ``(2) the mass transportation vehicle or ferry, or train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment, was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense; ``(3) the mass transportation vehicle or ferry, or train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment, was carrying a hazardous material listed in table 1 of section 172.504 of title 49, Code of Federal Regulations, at the time of the offense; or ``(4) the offense has resulted in the death of any person, shall be guilty of an aggravated form of the offense and shall be fined under this title or imprisoned for any term of years or life, or both; and, in the case of a violation described in paragraph (2), the term of imprisonment shall be not less than 30 years; and, in the case of a violation described in paragraph (4), shall be subject to the death penalty or to imprisonment for life. ``(c) Conspiracy.--A person who conspires to commit any offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy. ``(d) Nonapplicability.--Provisions of subsections (a) and (c) of this section do not apply to the act of an entity with respect to a destructive substance or destructive device that is also classified as a hazardous material in commerce if the act-- ``(1) complies with chapter 51 of title 49 and regulations, exemptions, approvals, and orders issued under that chapter; or ``(2) constitutes a violation of chapter 51 of title 49 or a regulation or order issued under that chapter, but not a criminal violation of that chapter, regulation, or order. ``(e) Definitions.--In this section-- ``(1) the term `biological agent' has the meaning given to that term in section 178(1) of this title; ``(2) the term `dangerous weapon' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 2\1/2\ inches in length and a box cutter; ``(3) the term `destructive device' has the meaning given to that term in section 921(a)(4) of this title; ``(4) the term `destructive substance' means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of a combustible, contaminative, corrosive, or explosive nature, except that the term `radioactive device' does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes; ``(5) the term `hazardous material' has the meaning given to that term in chapter 51 of title 49; ``(6) the term `high-level radioactive waste' has the meaning given to that term in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)); ``(7) the term `mass transportation' has the meaning given to that term in section 5302(a)(7) of title 49, United States Code, except that the term shall include school bus, charter, and sightseeing transportation; ``(8) the term `on-track equipment' means a carriage or other contrivance that runs on rails or electromagnetic guideways; ``(9) the term `railroad' has the meaning given to that term in chapter 201 of title 49; ``(10) the term `railroad carrier' has the meaning given to that term in chapter 201 of title 49; ``(11) the term `serious bodily injury' has the meaning given to that term in section 1365 of this title; ``(12) the term `spent nuclear fuel' has the meaning given to that term in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)); ``(13) the term `State' has the meaning given to that term in section 2266 of this title; ``(14) the term `toxin' has the meaning given to that term in section 178(2) of this title; and ``(15) the term `vehicle' means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air.''. (b) Conforming Amendments.-- (1) Chapter.--The chapter analysis for chapter 97 of title 18, United States Code, is amended-- (A) by striking ``RAILROADS'' in the chapter heading and inserting ``MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR, AND RAILROAD CARRIERS''; (B) by striking the items relating to sections 1992 and 1993; and (C) by inserting after the item relating to section 1991 the following: ``1992. Terrorist attacks and other acts of violence against mass transportation systems on land, on water, or through the air, and against railroad carriers.''. (2) Part.--The chapter analysis for part I of title 18, United States Code, is amended by striking the item relating to chapter 97 and inserting the following: ``97. Mass transportation systems on land, on water, or 1991''. through the air, and railroad carriers. (3) Conforming amendments.--The following sections of title 18, United States Code, are amended as follows: (A) Section 2332b(g)(5)(B)(i) is amended by striking ``1992 (relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems),'' and inserting ``1992 (relating to terrorist attacks and other acts of violence against railroad carriers and mass transportation systems on land, on water, or through the air),''. (B) Section 2339A is amended by striking ``1993,''. (C) Section 2516(1)(c) is amended by striking ``1992 (relating to wrecking trains),'' and inserting ``1992 (relating to terrorist attacks and other acts of violence against railroad carriers and mass transportation systems on land, on water, or through the air),''. SEC. 3. INCLUSION OF TERRORISM CRIMES AS SURVEILLANCE PREDICATES. (a) Authorization for Interruption.--Section 2516 of title 18, United States Code, is amended-- (1) in subsection (1)-- (A) in paragraph (c)-- (i) by inserting before ``section 1992 (relating to wrecking trains)'' the following: ``section 37 (relating to violence at international airports), section 930(c) (relating to attack on Federal facility with firearm), section 956 (conspiracy to harm persons or property overseas),''; and (ii) by inserting before ``a felony violation of section 1028'' the following: ``section 1993 (relating to mass transportation systems),''. (B) in paragraph (q), by striking all that follows the first semicolon; (C) by redesignating paragraph (r) as paragraph (s); and (D) by inserting after paragraph (q) the following: ``(r) an offense listed in section 2332b(g)(5)(B), an offense involved in or related to domestic or international terrorism as defined in section 2331, or a criminal violation of section 2332d; or''; and (2) in subsection (2), by inserting ``an offense listed in section 2332b(g)(5)(B), an offense involved in or related to domestic or international terrorism as defined in section 2331, or'' after ``the commission of''. (b) Procedure for Interruption.--Section 2518(7)(a) of title 18, United States Code, is amended-- (1) by redesignating subparagraphs (ii) and (iii) as subparagraphs (iii) and (iv) respectively; and (2) by inserting after subparagraph (i) the following: ``(ii) an offense listed in section 2332b(g)(5)(B), an offense involved in or related to domestic or international terrorism as defined in section 2331, or an attempt or conspiracy to commit such an offense,''. (c) Pen Register.--Section 3125(a)(1) of title 18, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) by redesignating subparagraph (B) as subparagraph (D); and (3) by inserting after subparagraph (A) the following: ``(B) an offense listed in section 2332b(g)(5)(B), or an offense involved in or related to domestic or international terrorism as defined in section 2331, or an attempt or conspiracy to commit such an offense; ``(C) conspiratorial activities threatening the national security interest; or''. (d) Definitions.--Section 3127(2)(A) of title 18, United States Code, is amended to read as follows: ``(A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that-- ``(i) has jurisdiction over the offense being investigated; ``(ii) is in or for a district in which the provider of wire or electronic communication service is located; or ``(iii) is in or for a district in which a landlord, custodian, or other person subject to section 3124(a) or (b) is located; or''. (e) Acts of Terrorism.--Section 2332b(g)(5)(A) of title 18, United States Code, is amended to read as follows: ``(A) appears by its nature or context to be intended-- ``(i) to intimidate or coerce a civilian population; ``(ii) to influence the policy of a government by intimidation or coercion; or ``(iii) to affect the conduct of a government by mass destruction, assassination, or kidnaping; and''. (f) International Terrorism.--Paragraphs (1)(B) and (5)(B) of section 2331 of title 18, United States Code, are each amended by inserting ``by their nature or context'' after ``appear''.

Anti-Terrorism Protection of Mass Transportation and Railroad Carriers Act of 2003 - Amends the Federal criminal code to prohibit specified attacks and acts of violence against mass transportation systems and against railroad carriers, including derailing a train, placing a biological agent or toxin in or near a mass transportation vehicle, setting fire to a terminal, committing an act with intent to cause serious bodily injury to a railroad employee, and conveying false information concerning an attempt to commit such a crime. Lists circumstances resulting in aggravated offenses. Sets penalties for violations. Authorizes: (1) the interception of wire, oral, or electronic communications in cases involving domestic or international terrorism and involving other specified offenses (such as violence at international airports, an attack on a Federal facility with a firearm, and conspiracy to harm persons or property overseas); and (2) the use of an emergency pen register or trap and trace device in cases involving domestic or international terrorism or conspiratorial activities threatening the national security interest. Modifies the definition of: (1) "Federal crime of terrorism" to include an offense that appears by its nature or context to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by mass destruction, assassination, or kidnaping; and (2) "international terrorism" to include listed actions that appear "by their nature or context" to be intended to intimidate, influence, or affect governmental conduct.

A bill to increase the penalties for terrorism against mass transportation and railroads and provide law enforcement with the tools to combat and prevent attacks on mass transportation and railroads.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Advanced Communications for Emergency Services Act of 2013'' or the ``PACES Act''. SEC. 2. FINDINGS. Congress finds that-- (1) there are an estimated 302,000,000 active wireless mobile device users in the United States with an estimated 51,000,000 people in the United States living in households that rely solely on wireless communication devices (almost 25 percent of households in the United States), of which 21,000,000 are children; (2) people in the United States make more than 300,000 wireless E-9-1-1 (enhanced 9-1-1) calls daily; (3) a majority of 9-1-1 calls now originate from mobile devices, making an advanced wireless 9-1-1 service system a critical national asset for law enforcement, homeland security, and emergency responders who rely on this wireless location- based information to effectively dispatch assistance; (4) the Federal Communications Commission mandates all wireless phone carriers and IP-enabled voice service providers to provide services enabling users to dial 9-1-1 with a stated purpose of allowing government first responders, homeland security, police, fire and other government public safety officials the ability to accurately locate 9-1-1 callers using wireless devices; (5) the growing reliance of the people of the United States and public safety, homeland security, and law enforcement officials on emerging wireless technologies is leading to the need for national text to 9-1-1, as well as picture and video 9-1-1 capabilities from mobile devices; (6) emerging technologies can be a critical component of the end-to-end communications infrastructure connecting the public with emergency medical service providers and emergency dispatch providers, public safety, fire service, and law enforcement officials, and hospital emergency and trauma care facilities, to reduce emergency response times and provide appropriate care; (7) improved public safety remains an important public health objective of Federal, State, and local governments and substantially facilitates interstate and foreign commerce; (8) wireless carriers and their vendors, in complying with the Federal mandate to provide E-9-1-1 location-based technology, have become targets of or been impacted by patent infringement lawsuits; (9) patent infringement lawsuits brought by what the Federal Trade Commission has termed ``Patent Assertion Entities'' are-- (A) compromising the ability of wireless carriers to provide current wireless 9-1-1 services; and (B) deterring the implementation of innovative new technologies that could meet next generation 9-1-1 public safety needs such as text, picture, and video 9- 1-1 capabilities; (10) section 1498 of title 28, United States Code, was designed to protect those required by the Government to provide a service ``by or for the United States'' while also providing legitimate patent holders with an appropriate means to recover reasonable and entire compensation for their patents; (11) this Act clarifies that patented technologies required to provide 9-1-1, enhanced 9-1-1, and other emergency communication services, as defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b), are provided by and for the United States and with the authorization or consent of the United States for the purposes of section 1498 of title 28, United States Code; and (12) this Act does not modify or invalidate any patent, preserves all patent claims, and does not prevent patent litigation. SEC. 3. JURISDICTION FOR CLAIMS REGARDING OTHER EMERGENCY SERVICES. Section 1498 of title 28, United States Code, is amended by adding at the end the following: ``(f) Jurisdiction for Claims Regarding 9-1-1, Enhanced 9-1-1, or Other Emergency Communication Service.--Beginning after the date of enactment of this subsection, any action under section 271 of title 35 against a wireless carrier subject to section 20.18 of title 47, Code of Federal Regulations, or any successor thereto, or an IP-enable voice service provider subject to section 6(a) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a-1(a)), regarding the provision of 9-1-1, enhanced 9-1-1, or other emergency communications service (as defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b)), shall be filed in accordance with this section.''.

Protect Advanced Communications for Emergency Services Act of 2013 or the PACES Act - Requires any patent infringement action against certain wireless carriers (excluding mobile satellite service operators) or IP-enabled voice service providers based on their use of technologies complying with requirements of the Federal Communications Commission (FCC) to provide 9-1-1, enhanced 9-1-1, or other emergency communications services (such as the delivery of 9-1-1 calls with next generation text, picture, and video technologies capable of automatically identifying number and location information to emergency service personnel) to be filed in accordance with federal judicial code procedures under which a patent or copyright owner's remedy is by an action against the United States in the U.S. Court of Federal Claims. (Thus, specifies that such 9-1-1 services are provided by or for the United States with authorization or consent of the United States.)

PACES Act

SECTION 1. FINDING AND POLICY. (a) Finding.--Congress makes the following findings: (1) Presidential Decision Directive 42, issued on October 21, 1995, ordered agencies of the executive branch of the United States Government to, inter alia, increase the priority and resources devoted to the direct and immediate threat international crime presents to national security, work more closely with other governments to develop a global response to this threat, and use aggressively and creatively all legal means available to combat international crime. (2) Executive Order No. 12978 of October 21, 1995, provides for the use of the authorities in the International Emergency Economic Powers Act (IEEPA) to target and sanction four specially designated narcotics traffickers and their organizations which operate from Colombia. (b) Policy.--It should be the policy of the United States to impose economic and other financial sanctions against foreign international narcotics traffickers and their organizations worldwide. SEC. 2. PURPOSE. The purpose of this Act is to provide for the use of the authorities in the International Emergency Economic Powers Act to sanction additional specially designated narcotics traffickers operating worldwide. SEC. 3. DESIGNATION OF CERTAIN FOREIGN INTERNATIONAL NARCOTICS TRAFFICKERS. (a) Preparation of List of Names.--Not later than January 1, 2000 and not later than January 1 of each year thereafter, the Secretary of the Treasury, in consultation with the Attorney General, Director of Central Intelligence, Secretary of Defense, and Secretary of State, shall transmit to the Director of National Drug Control Policy a list of those individuals who play a significant role in international narcotics trafficking as of that date. (b) Review by Director of National Drug Control Policy.--Not later than February 1, 2000 and not later than February 1 of each year thereafter, the Director of National Drug Control Policy shall transmit to the President the list submitted that year to the Director under subsection (a) to the President, together with his recommendations for the inclusion in, or exclusion from, the list of specific individuals. (c) Exclusion of Certain Persons From List.-- (1) In general.--Notwithstanding any other provision of this section, neither the list described in subsections (a) and (b) nor the accompanying recommendations of the Director of National Drug Control Policy under subsection (b) shall include the name of any individual if the Director of Central Intelligence determines that the disclosure of that person's role in international narcotics trafficking could compromise United States intelligence sources or methods. The Director of Central Intelligence shall advise the President when a determination is made to withhold an individual's identity under this subsection. (2) Reports.--In each case in which the Director of Central Intelligence has made a determination under paragraph (1), the President shall submit a report in classified form to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Represent setting forth the reasons for the determination. (d) Designation of Individuals as Threats to the United States.-- The President shall determine not later than March 1 of each year whether or not to designate persons on the list transmitted to the President that year as persons constituting an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. The President shall notify the Secretary of the Treasury of any person designated under this subsection. If the President determines not to designate any person on such list as such a threat, the President shall submit a report to Congress setting forth the reasons therefore. (e) Changes in Designations of Individuals.-- (1) Additional individuals designated.--If at any time after March 1 of a year, but prior to January 1 of the following year, the President determines that a person is playing a significant role in international narcotics trafficking and has not been designated under subsection (d) as a person constituting an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the President may so designate the person. The President shall notify the Secretary of the Treasury of any person designated under this paragraph. (2) Removal of designations of individuals.--Whenever the President determines that a person designated under subsection (d) or paragraph (1) of this subsection no longer poses an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the person shall no longer be considered as designated under that subsection. (f) References.--Any person designated under subsection (d) or (e) may be referred to in this Act as a ``specially designated narcotics trafficker''. SEC. 4. BLOCKING ASSETS. (a) Finding.--Congress finds that a national emergency exists with respect to any individual who is a specially designated narcotics trafficker. (b) Blocking of Assets.--Except to the extent provided in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) and in regulations, orders, directives, or licenses that may be issued pursuant to this Act, and notwithstanding any contract entered into or any license or permit granted prior to the date of designation of a person as a specially designated narcotics trafficker, there are hereby blocked all property and interests in property that are, or after that date come, within the United States, or that are, or after that date come, within the possession or control of any United States person, of-- (1) any specially designated narcotics trafficker; (2) any person who materially assists in, provides financial or technological support for, or provides goods or services in support of, the narcotics trafficking activities of a specially designated narcotics trafficker; and (3) any person determined by the Secretary of the Treasury, in consultation with the Attorney General, Director of Central Intelligence, Secretary of Defense, and Secretary of State, to be owned or controlled by, or to act for or on behalf of, a specially designated narcotics trafficker. (c) Prohibited Acts.--Except to the extent provided in section 203(b) of the International Emergency Economic Powers Act or in any regulation, order, directive, or license that may be issued pursuant to this Act, and notwithstanding any contract entered into or any license or permit granted prior to the effective date, the following acts are prohibited: (1) Any transaction or dealing by a United States person, or within the United States, in property or interests in property of any specially designated narcotics trafficker. (2) Any transaction or dealing by a United States person, or within the United States, that evades or avoids, has the purpose of evading or avoiding, or attempts to violate, subsection (b). (d) Law Enforcement and Intelligence Activities Not Affected.-- Nothing in this section is intended to prohibit or otherwise limit the authorized law enforcement or intelligence activities of the United States, or the law enforcement activities of any State or subdivision thereof. (e) Implementation.--The Secretary of the Treasury, in consultation with the Attorney General, Director of Central Intelligence, Secretary of Defense, and Secretary of State, is authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by the International Emergency Economic Powers Act as may be necessary to carry out this section. The Secretary of the Treasury may redelegate any of these functions to any other officer or agency of the United States Government. Each agency of the United States shall take all appropriate measures within its authority to carry out this section. (f) Enforcement.--Violations of licenses, orders, or regulations under this Act shall be subject to the same civil or criminal penalties as are provided by section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) for violations of licenses, orders, and regulations under that Act. (g) Definitions.--In this section: (1) Entity.--The term ``entity'' means a partnership, association, corporation, or other organization, group or subgroup. (2) Narcotics trafficking.--The term ``narcotics trafficking'' means any activity undertaken illicitly to cultivate, produce, manufacture, distribute, sell, finance, or transport, or otherwise assist, abet, conspire, or collude with others in illicit activities relating to, narcotic drugs, including, but not limited to, heroin, methamphetamine and cocaine. (3) Person.--The term ``person'' means an individual or entity. (4) United states person.--The term ``United States person'' means any United States citizen or national, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States. SEC. 5. DENIAL OF VISAS TO AND INADMISSIBILITY OF SPECIALLY DESIGNATED NARCOTICS TRAFFICKERS. (a) Prohibition.--The Secretary of State shall deny a visa to, and the Attorney General may not admit to the United States-- (1) any specially designated narcotics trafficker; or (2) any alien who the consular officer or the Attorney General knows or has reason to believe-- (A) is a spouse or minor child of a specially designated narcotics trafficker; or (B) is a person described in paragraph (2) or (3) of section 4(b). (b) Exceptions.--Subsection (a) shall not apply-- (1) where the Secretary of State finds, on a case-by-case basis, that the entry into the United States of the person is necessary for medical reasons; (2) upon the request of the Attorney General, Director of Central Intelligence, Secretary of the Treasury, or the Secretary of Defense; or (3) for purposes of the prosecution of a specially designated narcotics trafficker.

Directs: (1) the Secretary of the Treasury, by January 1 of each year, to transmit to the Director of National Drug Control Policy a list of those individuals who play a significant role in international narcotics trafficking; and (2) the Director, by February 1 of each year, to transmit to the President the list, together with recommendations for individuals to be included or excluded. Prohibits the inclusion of the name of any individual if the Director of Central Intelligence (DCI) determines that the disclosure of that person's role in international narcotics trafficking could compromise U.S. intelligence sources or methods. Requires: (1) the DCI to advise the President when a determination is made to withhold an individual's identity; and (2) the President to submit a report in classified form to the House and Senate intelligence committees in each such case setting forth the reasons for the determination. Prohibits the President from determining later than March 1 of each year whether to designate persons on the list as persons constituting an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. Directs the President to: (1) notify the Secretary of any person so designated; and (2) report to Congress the reasons for any determination not to designate any person on such list as such a threat. Sets forth provisions regarding changes in designations of individuals as threats. (Sec. 4) Finds that a national emergency exists with respect to any individual who is a specially designated narcotics trafficker. Blocks all property of the following persons which is, or which comes within, the possession or control of a U.S. person, with exceptions: (1) a specially designated narcotics trafficker; (2) a person who materially assists in, provides financial or technological support for, or provides goods or services in support of, the narcotics trafficking activities of a specially designated narcotics trafficker; and (3) a person determined by the Secretary to be owned or controlled by, or to act for or on behalf of, a specially designated narcotics trafficker. Prohibits (with exceptions) any transaction or dealing by a U.S. person, or within the United States: (1) in property or interests therein of any specially designated narcotics trafficker; and (2) that evades or avoids, has the purpose of evading or avoiding, or attempts to violate provisions regarding the blocking of assets under this section. Authorizes the Secretary to take such actions and to employ all powers granted to the President by the International Emergency Economic Powers Act (IEEPA) as may be necessary to carry out this section. Subjects violations of licenses, orders, or regulations under this Act to the same penalties as provided by the IEEPA. (Sec. 5) Requires the Secretary of State (with exceptions) to deny a visa to, and the Attorney General to not admit to the United States, any: (1) specially designated narcotics trafficker; or (2) alien who the consular officer or the Attorney General knows or has reason to believe is a spouse or minor child of such trafficker, who materially assists such trafficker, or who is owned or controlled by, or acting for or on behalf of, such trafficker.

A bill to block assets of narcotics traffickers who pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Youth and Community Protection Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) children in Indian country should be protected from violence; (2) tribal communities should be able to protect themselves from offenders bringing illegal drugs onto Indian reservations; (3) violence against children and crime associated with illegal drugs increase the number of instances of trauma in tribal communities, which-- (A) affects health outcomes; (B) reduces educational attainment; (C) hinders economic growth; and (D) undermines public safety; (4) Congress established the Indian Law and Order Commission to advise the Federal Government on how to improve criminal justice in Indian country; (5) the Indian Law and Order Commission issued a report entitled ``A Roadmap for Making Native America Safer''-- (A) which recommends the restoration of the inherent authority of tribal courts; and (B) on which the Committee on Indian Affairs of the Senate, on February 12, 2014, held an oversight hearing and received testimony; and (6) recognition of the inherent authority of Indian tribes to protect Native children from violence, and tribal communities from illegal drugs, will reduce instances of trauma experienced by Indians. SEC. 3. EXTENSION OF AUTHORIZATIONS. (a) Indian Alcohol and Substance Abuse Prevention and Treatment Grants.--Section 4206 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2412) is amended-- (1) by striking ``appropriate,,'' each place it appears and inserting ``appropriate,''; (2) in subsection (c)(1)(A)(iv), by striking ``Indians as provided under section 4228, and'' and inserting ``Indians; and''; (3) in subsection (d)(2), by striking ``2011 through 2015'' and inserting ``2016 through 2020''; and (4) in subsection (f)(3), by striking ``2011 through 2015'' and inserting ``2016 through 2020''. (b) Bureau of Indian Affairs Law Enforcement and Judicial Training.--Section 4218(b) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2451(b)) is amended by striking ``2011 through 2015'' and inserting ``2016 through 2020''. SEC. 4. PROTECTION OF NATIVE CHILDREN AND TRIBAL COMMUNITIES. Section 204 of Public Law 90-284 (25 U.S.C. 1304) is amended-- (1) in the section heading, by striking ``violence'' and inserting ``and child violence and drug offenses''; (2) in subsection (a)-- (A) in paragraph (1), by striking ``means violence'' and inserting ``includes felony or misdemeanor violations of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violations occur that are''; (B) in paragraph (2)-- (i) by striking ``means violence'' and inserting ``includes felony or misdemeanor violations of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violations occur that are''; and (ii) by striking ``an Indian tribe that has jurisdiction over the Indian country where the violence occurs'' and inserting ``the Indian tribe''; (C) in paragraph (4), by striking ``domestic violence'' and inserting ``tribal''; (D) in paragraph (6)-- (i) in the paragraph heading, by striking ``domestic violence'' and inserting ``tribal''; and (ii) by striking ``domestic violence'' and inserting ``tribal''; (E) by redesignating-- (i) paragraphs (3) through (7) as paragraphs (7) through (11), respectively; and (ii) paragraphs (1) and (2) as paragraphs (4) and (5), respectively; (F) by inserting before paragraph (4) (as so redesignated) the following: ``(1) Caregiver.--The term `caregiver' means-- ``(A) the parent, guardian, or legal custodian of the child; ``(B) any relative of the child, including a parent, grandparent, great-grandparent, stepparent, brother, sister, stepbrother, stepsister, half-brother, or half-sister; ``(C) a person who resides or has resided regularly or intermittently in the same dwelling as the child; ``(D) a person who provides or has provided care for the child in or out of the home of the child; ``(E) any person who exercises or has exercised temporary or permanent control over the child; or ``(F) any person who temporarily or permanently supervises or has supervised the child. ``(2) Child.--The term `child' means a person who has not attained the lesser of-- ``(A) the age of 18; or ``(B) except in the case of sexual abuse, the age specified by the child protection law of the participating tribe that has jurisdiction over the Indian country where the child resides. ``(3) Child violence.--The term `child violence' includes felony or misdemeanor violations of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violations occur that are committed against a child by a caregiver or a person that would be subject to special tribal criminal jurisdiction if the crime was committed against the parent, legal custodian, or guardian of the child under the child protection, domestic, or family violence law of the Indian tribe.''; (G) by inserting before paragraph (7) (as so redesignated) the following: ``(6) Drug offense.--The term `drug offense' includes drug- related felony or misdemeanor violations of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violations occur.''; and (H) by adding at the end the following: ``(12) Related conduct.--The term `related conduct' means conduct committed by the defendant that occurs in connection with the exercise of special tribal criminal jurisdiction that is a violation of the criminal laws or contempt authority of the tribal court of the Indian tribe that has jurisdiction over the Indian country where the underlying offense occurred.''; (3) in subsection (b)-- (A) by striking ``domestic violence'' each place it appears and inserting ``tribal''; and (B) in paragraph (4)-- (i) in subparagraph (A)(i) (as so amended), by inserting ``(other than a drug offense)'' before ``if neither''; and (ii) in subparagraph (B)-- (I) in the matter preceding clause (i) (as so amended), by inserting ``for a crime of domestic violence or dating violence or a violation of a protection order'' before ``only if''; and (II) in clause (iii), by striking ``, or dating partner'' and inserting ``, dating partner, or caregiver''; (4) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``domestic violence'' and inserting ``tribal''; (B) in paragraph (1)-- (i) in the paragraph heading, by striking ``and dating violence'' and inserting ``, dating violence, and child violence''; and (ii) by striking ``or dating violence'' and inserting ``, dating violence, or child violence''; and (C) by adding at the end the following: ``(3) Related conduct.--An act of related conduct that occurs in the Indian country of the participating tribe. ``(4) Drug offenses.--A drug offense that occurs in the Indian country of the participating tribe.''; (5) in subsection (d), by striking ``domestic violence'' each place it appears and inserting ``tribal''; (6) in subsection (f)-- (A) by striking ``special domestic violence'' each place it appears and inserting ``special tribal''; (B) in paragraph (2), by striking ``prosecutes'' and all that follows through the semicolon at the end and inserting the following: ``prosecutes-- ``(A) a crime of domestic violence; ``(B) a crime of dating violence; ``(C) a crime of child violence; ``(D) a drug offense; ``(E) a criminal violation of a protection order; or ``(F) a crime of related conduct;''; and (C) in paragraph (4), by inserting ``child violence, related conduct,'' after ``dating violence,''; and (7) in subsection (h)-- (A) by striking ``$5,000,000'' and inserting ``$10,000,000''; and (B) by striking ``2014 through 2018'' and inserting ``2016 through 2020''. SEC. 5. REPORT. Not later than 4 years after the date of enactment of this Act, the Assistant Secretary for Indian Affairs shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the degree of effectiveness of Federal programs that are intended to build the capacity of criminal justice systems of Indian tribes to investigate and prosecute offenses relating to illegal drugs.

Tribal Youth and Community Protection Act of 2016 This bill reauthorizes through FY2020, and revises, provisions of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 and other laws that: (1) support efforts to combat alcohol and substance abuse among tribal members, and (2) authorize the Department of Justice to award grants to enhance the criminal justice systems of tribal governments. The bill also expands and modifies tribal jurisdiction over certain crimes.

Tribal Youth and Community Protection Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Access to Justice Act of 2008''. SEC. 2. WAIVER OF SOVEREIGN IMMUNITY UNDER THE 11TH AMENDMENT WITH RESPECT TO ENFORCEMENT OF USERRA. (a) In General.--Section 4323 of title 38, United States Code, is amended-- (1) in subsection (b) by striking paragraph (2) and inserting the following new paragraph: ``(2) In the case of an action against a State (as an employer) by a person, the action may be brought in the appropriate district court of the United States or State court of competent jurisdiction.''; (2) by redesignating subsection (j) as subsection (k); and (3) by inserting after subsection (i) the following new subsection: ``(j) Waiver of State Sovereign Immunity.--(1) A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th amendment to the Constitution or otherwise, to a suit brought by-- ``(A) a person who is or was an employee in that program or activity for the rights or benefits authorized the person by this chapter; ``(B) a person applying to be such an employee in that program or activity for the rights or benefits authorized the person by this chapter; or ``(C) a person seeking reemployment as an employee in that program or activity for the rights or benefits authorized the person by this chapter. ``(2) In this subsection, the term `program or activity' has the meaning given that term in section 309 of the Age Discrimination Act of 1975 (42 U.S.C. 6107).''. (b) Application.--The amendments made by subsection (a) shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are commenced after the date of the enactment of this Act. SEC. 3. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES ARISING UNDER USERRA. (a) In General.--Chapter 43 of title 38, United States Code, is amended by inserting after section 4326 the following new section: ``Sec. 4327. Unenforceability of agreements to arbitrate disputes ``(a) Protection of Employee Rights.--Notwithstanding any other provision of law, any clause of any agreement between an employer and an employee that requires arbitration of a dispute arising under this chapter shall not be enforceable. ``(b) Exceptions.-- ``(1) Waiver or agreement after dispute arises.--Subsection (a) shall not apply with respect to any dispute if, after such dispute arises, the parties involved knowingly and voluntarily agree to submit such dispute to arbitration. ``(2) Collective bargaining agreements.--Subsection (a) shall not preclude the enforcement of any of the rights or terms of a valid collective bargaining agreement. ``(c) Validity and Enforcement.--Any issue as to whether this section applies to an arbitration clause shall be determined by Federal law. Except as otherwise provided in chapter 1 of title 9, the validity or enforceability of an agreement to arbitrate referred to in subsection (a) or (b)(1) shall be determined by a court, rather than the arbitrator, irrespective of whether the party resisting arbitration challenges the agreement to arbitrate specifically or in conjunction with other terms of the agreement. ``(d) Application.--This section shall apply with respect to all contracts and agreements between an employer and an employee in force before, on, or after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 4326 the following new item: ``4327. Unenforceability of agreements to arbitrate disputes.''. (c) Application.--The provisions of section 4327 of title 38, United States Code, as added by subsection (a), shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. SEC. 4. ENHANCED REMEDIES FOR ENFORCEMENT OF USERRA. (a) State and Private Employers.--Section 4323(d) of title 38, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (2) in paragraph (4) (as so redesignated)-- (A) by inserting after ``compensation'' each place it appears the following: ``or damages''; (B) by striking ``subparagraph (B) or (C) of paragraph (1)'' the first place it appears and inserting ``paragraph (1) or (3), or both,''; and (C) by striking ``subparagraph (B) or (C) of paragraph (1)'' the second place it appears and inserting ``paragraph (1) or (3), or both''; and (3) by striking the subsection designation and heading and paragraph (1) and inserting the following: ``(d) Remedies.--(1) A State or private employer who violates the provisions of this chapter shall be liable to any person affected-- ``(A) for damages in the amount of-- ``(i) any wages, salary, benefits, or other compensation denied or lost by such person by reason of the violation; or ``(ii) in a case in which wages, salary, benefits, or other compensation have not been denied or lost to the person, any actual monetary losses sustained by the person as a result of the violation; ``(B) the interest on the amount described in subparagraph (A) calculated at the prevailing interest rates over the period of time for which the damages are due; and ``(C) an additional amount as liquidated damages equal to the sum of the amount described in subparagraph (A) and the interest described in subparagraph (B), or $10,000, whichever is greater except that, if the employer proves to the satisfaction of the court that the act or omission giving rise to the person's action was in good faith and that the employer had reasonable grounds for believing the act or omission was not a violation of the provisions of this chapter, the court may award, in its discretion, no liquidated damages or award any amount of liquidated damages not to exceed 100 percent of the compensation or damages awarded under subparagraph (A) and the interest described in subparagraph (B). ``(2) In any action under this section, the court may require the employer to comply with the provisions of this chapter.''. (b) Punitive Damages.--Section 4323(d) of such title is further amended by inserting after paragraph (2) (as inserted by subsection (a)(3) of this section) the following new paragraph: ``(3) In the case of a violation of the provisions of this chapter by a State or private employer with 25 or more employees, the court shall require the employer to pay the person affected punitive damages if the court determines that the employer's violation of the provisions of this chapter was done with malice or reckless indifference to the rights of the person under this chapter.''. (c) Right to Jury Trial.--Section 4323(d) of such title is further amended by adding at the end the following: ``(6) A person who commences an action under this section shall be entitled to a trial by jury.''. (d) Federal Government Employers.--Section 4324(c)(2) of such title is amended to read as follows: ``(2) If the Board determines that a Federal executive agency or the Office of Personnel Management has violated the provisions of this chapter relating to the employment or reemployment of a person by the agency, the Board shall enter an order requiring the agency or Office to comply with such provisions and to compensate such person-- ``(A) for damages in the amount of-- ``(i) any wages, salary, benefits, or other compensation denied or lost by such person by reason of the violation; or ``(ii) in a case in which wages, salary, benefits, or other compensation has not been denied or lost to the person, any actual monetary losses sustained by the person as a result of the violation; ``(B) the interest on the amount described in subparagraph (A) calculated at the prevailing interest rates over the period of time for which the damages are due; and ``(C) an additional amount as liquidated damages equal to the sum of the amount described in subparagraph (A) and the interest described in subparagraph (B), or $10,000, whichever is greater; except that, if the Federal executive agency or the Office of Personnel Management proves to the satisfaction of the Board that the act or omission giving rise to such person's complaint was in good faith and that the agency or Office had reasonable grounds for believing that the act or omission was not a violation of the provisions of this chapter, the Board may award, in the discretion of the Board, no liquidated damages or award any amount of liquidated damages not to exceed 100 percent of the compensation or damages awarded under subparagraph (A) and the interest described in subparagraph (B).''. (e) Application.--The amendments made by this section shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are commenced after the date of the enactment of this Act. SEC. 5. REQUIRED AWARD OF ATTORNEY FEES IN ACTIONS TO ENFORCE PROVISIONS OF USERRA. (a) Enforcement of Rights With Respect to a State or Private Employer.--Section 4323(h)(2) of title 38, United States Code, is amended by striking ``may'' and inserting ``shall''. (b) Enforcement of Rights With Respect to Federal Executive Agencies.--Section 4324(c)(4) of such title is amended by striking ``the Board may, in its discretion, award'' and inserting ``the Board shall award''. (c) Application.--The amendments made subsections (a) and (b) shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. SEC. 6. CLARIFYING THE DEFINITION OF ``SUCCESSOR IN INTEREST''. (a) In General.--Section 4303(4) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(D)(i) The term `successor in interest' shall be determined for purposes of subparagraph (A)(iv) on a case-by- case basis using a multifactor test which considers the following factors regardless of the form of the succession: ``(I) Substantial continuity of the same business operations. ``(II) Use of the same plant. ``(III) Continuity of work force. ``(IV) Similarity of jobs and working conditions. ``(V) Similarity of supervisory personnel. ``(VI) Similarity in machinery, equipment, and production methods. ``(VII) Similarity of products or services. ``(ii) The successor's lack of notice or awareness of a potential or pending claim under this chapter at the time of a merger, acquisition, or other form of succession shall not be considered when applying the multifactor test under clause (i).''. (b) Application.--The amendment made by subsection (a) shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. SEC. 7. CLARIFICATION THAT USERRA HAS NO STATUTE OF LIMITATIONS. (a) In General.--Section 4323(i) of title 38, United States Code, is amended to read as follows: ``(i) Absence of a Statute of Limitations Period.--No Federal, State, or any other statute of limitations shall apply to any proceeding under this chapter, including the statute of limitations in section 1658(a) of title 28.''. (b) Application.--The amendment made by subsection (a) shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. SEC. 8. CLARIFYING THAT USERRA PROHIBITS WAGE DISCRIMINATION AGAINST MEMBERS OF THE ARMED FORCES. (a) In General.--Section 4303(2) of title 38, United States Code, is amended by striking ``(other than wages or salary for work performed)'' and inserting ``(including wages or salary)''. (b) Application.--The amendment made by subsection (a) shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. SEC. 9. REQUIRING EQUITABLE RELIEF WHEN APPROPRIATE. (a) In General.--Section 4323(e) of title 38, United States Code, is amended-- (1) by striking ``The court may use'' and inserting ``(1) The court shall use, in any case in which the court determines it is appropriate,''; and (2) by adding at the end the following new paragraph: ``(2) Notwithstanding rule 65 of the Federal Rules of Civil Procedure or any other provision of law, for purposes of determining whether to issue an injunction or restraining order pursuant to paragraph (1)-- ``(A) an employer's denial of reemployment or retention in employment shall constitute irreparable harm to a person who is denied reemployment or retention in employment if an injunction to reinstate such person is not issued, and such person shall be considered to have no adequate remedy at law; ``(B) if the court balances the hardships between the parties, there shall be a rebuttable presumption that the balance of harm to a person who is denied reemployment or retention in employment if an injunction to reinstate such person is not issued outweighs the harm to such person's employer or former employer if an injunction is issued to reinstate such person; and ``(C) if the court considers the public interest or public policy, there shall be a rebuttable presumption that the issuance of an injunction to reinstate a person who is denied reemployment or retention in employment is in the public interest and advances public policy.''. (b) Application.--The amendments made by subsection (a) shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act.

Servicemembers Access to Justice Act of 2008 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator). Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases. Requires (current law authorizes) the award of attorney fees in actions to enforce USERRA. Defines "successor in interest" for USERRA purposes. Prohibits: (1) any statute of limitations from applying to USERRA proceedings; and (2) wage discrimination against members covered under USERRA. Requires (current law authorizes) a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations.

To amend title 38, United States Code, to improve the enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Community Response Team Act of 1994''. SEC. 2. PURPOSE. The purpose of this Act is to-- (1) establish and strengthen the partnership between law enforcement and community groups in order to assist victims of domestic violence; (2) provide early intervention and follow up services in order to prevent future incidents of domestic violence; and (3) establish a central technical assistance center for the collection and provision of programmatic information and technical assistance. SEC. 3. GRANTS AUTHORIZED FOR COMMUNITY RESPONSE TEAMS. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), is authorized to award grants to encourage eligible entities to develop community response teams to combat domestic violence. Grants shall be awarded in a manner that ensures geographic and demographic diversity. (b) Maximum Amount.--The Secretary shall not award a grant under this section in an amount which exceeds $500,000. (c) Duration.--The Secretary shall award grants under this section for a period not to exceed 3 years. (d) Eligible Entity.-- (1) In general.--For purposes of this section, the term ``eligible entity'' means a nonprofit, community-based organization whose primary purpose involves domestic violence prevention. The organization must have a proven track record of expertise in providing services to victims of domestic violence and collaborating with existing service providers and support agencies in the community. (2) Additional requirements.--An eligible entity shall-- (A) act in partnership with local law enforcement agencies to carry out the purposes of this Act; and (B) understand, be able to respond adequately to, and if possible reflect the racial, ethnic, and lingual diversity of the community. (e) Role of Community Response Teams.--Community response teams established pursuant to this section shall-- (1) provide community advocates to work (in conjunction with local police) with victims immediately after incidents of domestic violence; (2) educate victims about the legal process with respect to restraining orders and civil and criminal charges; (3) discuss immediate safety arrangements and child care needs, and educate victims about resources provided by local agencies; (4) provide for follow-up services and counseling with local support agencies; and (5) educate victims regarding abuse tactics, including increased incidence of violence that occurs after repeated episodes of violence. (f) Applications.-- (1) In general.--Applications for grants pursuant to this section shall be submitted to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) include a complete description of the eligible entity's plan for operating a community-based partnership between law enforcement officials and community organizations; (B) demonstrate effective community leadership, commitment to community action, and commitment to working with affected populations; (C) provide for periodic project evaluation through written report and analysis in order to assist in applying successful programs to other communities; and (D) demonstrate an understanding of the population to be served (racial, ethnic, and socioeconomic characteristics which influence women's roles and affect treatment). SEC. 4. TECHNICAL ASSISTANCE CENTER. (a) In General.--The Secretary is authorized to award a contract to an eligible entity to serve as a technical assistance center under this Act. The technical assistance center shall-- (1) serve as a national information, training, and material development source for the development and support of community response teams nationwide; and (2) provide technical support and input to community programs, including helping local groups start their own programs and providing training for community volunteer staff persons. (b) Eligible Entity.--For purposes of this section, the term ``eligible entity'' means a nonprofit organization with a primary focus on domestic violence prevention and a proven track record of expertise in providing technical assistance, information, training, and resource development on some aspect of domestic violence service provision or prevention. An eligible entity shall be selected by the Secretary under this section based on competence, experience, and a proven ability to conduct national-level organization and program development. The eligible entity shall provide the Secretary with evidence of support from community-based domestic violence organizations for the designation of the eligible entity as the technical assistance center. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $5,000,000 for fiscal years 1996, 1997, and 1998 to carry out the provisions of this Act of which $300,000 shall be available for a grant under section 4. Not to exceed 5 percent of any grant made under this Act may be used by the grantee for administrative purposes.

Domestic Violence Community Response Team Act of 1994 - Authorizes the Secretary of Health and Human Services to award grants to encourage eligible entities to develop community response teams to combat domestic violence. Directs that grants be awarded in a manner that ensure geographic and demographic diversity. Sets forth provisions regarding: (1) grant amounts and duration; (2) eligibile entities; (3) the role of community response teams; and (4) applications and other requirements. Authorizes the Secretary to award a contract to an eligible entity to serve as a technical assistance center under this Act. Authorizes appropriations.

Domestic Violence Community Response Team Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korea Refugee Relief and Reconstruction Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to help the people of North Korea gain freedom from political oppression. SEC. 3. NORTH KOREA REFUGEE RELIEF AND RECONSTRUCTION FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``North Korea Refugee Relief and Reconstruction Fund'' (in this Act referred to as the ``Fund''), consisting of such amounts as may be appropriated to the Fund pursuant to subsection (b) and such articles and services as may be made available to the Fund pursuant to subsection (c). The resources of the Fund shall be available to carry out the programs and activities identified in section 4. (b) Authorization of Appropriations.--There are authorized to be appropriated for contributions to the Fund such sums as may be necessary, not to exceed $10,000,000,000. Amounts appropriated for the Fund shall remain available until expended. (c) Drawdown Authority.-- (1) In general.--The President may, pursuant to section 506(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)), draw down articles and services from the inventory and resources of any agency of the United States Government for the Fund to carry out the programs and activities identified in section 4. (2) Authority to acquire by contract or otherwise.--The assistance authorized under paragraph (1) may include the supply of articles and services that are acquired by contract or otherwise. (3) Amount of assistance.-- (A) Limit.--The aggregate value of assistance provided under this subsection, as defined under section 644(m) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(m)), may not exceed $1,000,000,000. (B) Assistance not counted toward special authority limit.--Assistance provided under this subsection shall not count toward any limitation under section 506 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318). (4) Reimbursement.-- (A) In general.--Articles and services provided under this subsection shall be made available to the Fund without reimbursement to the applicable appropriation, fund, or account except to the extent that funds are appropriated pursuant to subparagraph (B). (B) Authorization of appropriations.-- (i) In general.--There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value of articles and services provided under this subsection, as defined under section 644(m) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(m)). (ii) Offset.--The maximum amount authorized to be appropriated for the Fund under subsection (b) shall be reduced by an amount equal to the aggregate value of the articles and services made available under paragraph (1). SEC. 4. PROGRAMS AND ACTIVITIES OF THE FUND. (a) Refugee Relief, Relocation and Resettlement Assistance.--The President may use amounts in the Fund to provide relief to refugees that have escaped from North Korea, to relocate such refugees to South Korea or other countries prepared to accept them, and to assist in the resettlement of such refugees in any country willing to accept their resettlement. These activities may be carried out pursuant to the authorities provided in the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.). (b) Reunification and Reconstruction Assistance.--The President may use amounts in the Fund to provide for the benefit of persons living in the territory of North Korea the types of assistance authorized for the Independent States of the former Soviet Union under section 498 of the Foreign Assistance Act of 1961 (22 U.S.C. 2295) and for the countries of the South Caucasus and Central Asia under sections 499A, 499B, 499C, and 499D of such Act (22 U.S.C. 2296a, 2296b, 2296c, and 2296d) in the event of-- (1) the reunification of North Korea with South Korea; or (2) the emergence in North Korea of a new national government committed to respect for human rights, nonproliferation, and peaceful relations with the United States and the other countries of the region. SEC. 5. SENSE OF CONGRESS ON INTERNATIONAL EFFORTS. It is the sense of Congress that the Governments of South Korea, Japan, China, and Russia and other concerned governments should make commitments commensurate to those that the United States is offering under this Act-- (1) to assist refugees fleeing political oppression in North Korea; and (2) to meet humanitarian and reconstruction needs arising in connection with-- (A) the reunification of North Korea with South Korea; or (B) the emergence in North Korea of a new national government committed to respect for human rights, nonproliferation, and peaceful relations with the United States and the other countries in the region.

North Korea Refugee Relief and Reconstruction Act of 2006 - States that purpose of this Act is to help the people of North Korea gain freedom from political oppression. Establishes in the Treasury the North Korea Refugee Relief and Reconstruction Fund. Authorizes the President to use Fund amounts for: (1) refugee relief, relocation, and resettlement assistance; and (2) Korean reunification and reconstruction assistance. Expresses the sense of Congress that the governments of South Korea, Japan, China, and Russia and other concerned governments should make commensurate commitments to: (1) assist refugees fleeing political oppression in North Korea; and (2) meet humanitarian and reconstruction needs arising in connection with the reunification of North Korea with South Korea, or the emergence in North Korea of a national government committed to respect for human rights, nonproliferation, and peaceful relations with the United States and the other countries in the region.

A bill to authorize refugee relief and reconstruction assistance for North Korea.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Agriculture Disaster and Market Loss Assistance Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--EMERGENCY ASSISTANCE FOR CROP AND LIVESTOCK FEED LOSSES DUE TO DISASTERS Sec. 101. General provisions. Sec. 102. Crop loss assistance. Sec. 103. Emergency livestock feed assistance. TITLE II--MARKET LOSS ASSISTANCE Sec. 201. Market loss assistance. TITLE III--ADMINISTRATION Sec. 301. Commodity Credit Corporation. Sec. 302. Emergency requirement. Sec. 303. Regulations. TITLE I--EMERGENCY ASSISTANCE FOR CROP AND LIVESTOCK FEED LOSSES DUE TO DISASTERS SEC. 101. GENERAL PROVISIONS. (a) Fair and Equitable Distribution.--Assistance made available under this title shall be distributed in a fair and equitable manner to producers who have incurred crop and livestock feed losses in all affected geographic regions of the United States. (b) Program Administration.--In carrying out this title, the Secretary of Agriculture (referred to in this Act as the ``Secretary'') may determine-- (1) 1 or more loss thresholds producers on a farm must incur with respect to a crop to be eligible for assistance; (2) the payment rate for crop and livestock feed losses incurred; and (3) eligibility and payment limitation criteria (as defined by the Secretary) for persons to receive assistance under this title, which, in the case of assistance received under any section of this title, shall be in addition to-- (A) assistance made available under any other section of this title and title II; (B) payments or loans received by a person under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.); (C) payments received by a person for the 1998 crop under the noninsured crop assistance program established under section 196 of that Act (7 U.S.C. 7333); (D) crop insurance indemnities provided for the 1998 crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and (E) emergency loans made available for the 1998 crop under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.). SEC. 102. CROP LOSS ASSISTANCE. (a) In General.--The Secretary shall administer a program under which emergency financial assistance is made available to producers on a farm who have incurred losses associated with crops due to disasters (as determined by the Secretary). (b) Losses Incurred for 1998 Crop.--Subject to section 302, the Secretary shall use not more than $1,500,000,000 to make available assistance to producers on a farm who have incurred losses in the 1998 crop due to disasters. (c) Multiyear Losses.--Subject to section 302, the Secretary shall use not more than $675,000,000 to make available assistance to producers on a farm who have incurred multiyear losses (as defined by the Secretary) in the 1998 and preceding crops of a commodity due to disasters (including, but not limited to, diseases such as scab). (d) Relationship Between Assistance.--The Secretary shall make assistance available to producers on a farm under either subsection (b) or (c). (e) Qualifying Losses.--Assistance under this section may be made for losses associated with crops that are due to, as determined by the Secretary-- (1) quantity losses; (2) quality (including, but not limited to, aflatoxin) losses; or (3) severe economic losses due to damaging weather or related condition. (f) Crops Covered.--Assistance under this section shall be applicable to losses for all crops, as determined by the Secretary, due to disasters. (g) Crop Insurance.-- (1) Administration.--In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm who have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (2) Encouraging future crop insurance participation.-- Subject to section 302, the Secretary, acting through the Federal Crop Insurance Corporation, may use the funds made available under subsections (b) and (c), and only those funds, to provide premium refunds or other assistance to purchasers of crop insurance for their 1998 insured crops, or their preceding (including 1998) insured crops. (3) Producers who have not purchased crop insurance for 1998 crop.--As a condition of receiving assistance under this section, producers on a farm who have not purchased crop insurance for the 1998 crop under that Act shall agree by contract to purchase crop insurance for the subsequent 2 crops produced by the producers. (4) Liquidated damages.-- (A) In general.--The contract under paragraph (3) shall provide for liquidated damages to be paid by the producers due to the failure of the producers to purchase crop insurance as provided in paragraph (3). (B) Notice of damages.--The amount of the liquidated damages shall be established by the Secretary and specified in the contract agreed to by the producers. (5) Funding for crop insurance purchase requirement.-- Subject to section 302, such sums as may be necessary, to remain available until expended, shall be available to the Federal Crop Insurance Corporation to cover costs incurred by the Corporation as a result of the crop insurance purchase requirement in paragraph (3). Funds made available under subsections (b) and (c) may not be used to cover such costs. SEC. 103. EMERGENCY LIVESTOCK FEED ASSISTANCE. Subject to section 302, the Secretary shall use not more than $175,000,000 to make available livestock feed assistance to livestock producers affected by disasters during calendar year 1998. TITLE II--MARKET LOSS ASSISTANCE SEC. 201. MARKET LOSS ASSISTANCE. (a) In General.--Subject to section 302, the Secretary shall use $1,650,000,000 for assistance to owners and producers on a farm who are eligible for final payments for fiscal year 1998 under a production flexibility contract for the farm under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) to partially compensate the owners and producers for the loss of markets for the 1998 crop of a commodity. (b) Amount.--The amount of assistance made available to owners and producers on a farm under this section shall be proportional to the amount of the contract payment received by the owners and producers for fiscal year 1998 under a production flexibility contract for the farm under the Agricultural Market Transition Act. (c) Time for Payment.--The assistance made available under this section for an eligible owner or producer shall be made as soon as practicable after the date of enactment of this Act. TITLE III--ADMINISTRATION SEC. 301. COMMODITY CREDIT CORPORATION. Subject to section 302, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out titles I and II. SEC. 302. EMERGENCY REQUIREMENT. (a) Budget Request.--The entire amount necessary to carry out titles I and II shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (b) Designation by Congress.--The entire amount of funds necessary to carry out titles I and II is designated by Congress as an emergency requirement under section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). SEC. 303. REGULATIONS. (a) Issuance of Regulations.--As soon as practicable after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall issue such regulations as are necessary to implement titles I and II. The issuance of the regulations shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (b) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

TABLE OF CONTENTS: Title I: Emergency Assistance for Crop and Livestock Feed Losses Due to Disasters Title II: Market Loss Assistance Title III: Administration Agriculture Disaster and Market Loss Assistance Act of 1998 - Title I: Emergency Assistance for Crop and Livestock Feed Losses Due to Disasters - Directs the Secretary of Agriculture to provide emergency financial assistance to producers with disaster-incurred 1998 or multiyear (1998 and previous) crop year losses. Requires producers without 1998 crop insurance to purchase insurance for the subsequent two years in order to qualify for such assistance. Requires such producers to pay any liquidated damages. (Sec. 103) Caps 1998 livestock feed assistance amounts. Title II: Market Loss Assistance - Directs the Secretary to use specified funds to provide 1998 market loss assistance to certain producers with production flexibility contracts. Title III: Administration - States that funds to carry out this Act shall be available only to the extent that the President submits to the Congress an official emergency designation budget request.

Agriculture Disaster and Market Loss Assistance Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunlight for Unaccountable Non- profits Act'' or the ``SUN Act''. SEC. 2. RETURN INFORMATION OF CERTAIN TAX-EXEMPT ORGANIZATIONS AVAILABLE IN A SEARCHABLE FORMAT. (a) In General.--Section 6104(b) of the Internal Revenue Code of 1986 is amended by striking ``made available to the public at such time and in such places as the Secretary may prescribe.'' and inserting ``made available to the public at no charge and in an open, structured data format that is processable by computers with the information easy to find, access, reuse, and download in bulk.''. (b) Effective Date.--The amendment made by this section shall apply to returns required to be filed after the date of the enactment of this Act. SEC. 3. AUTHORITY TO DISCLOSE CONTRIBUTORS TO CERTAIN TAX-EXEMPT ORGANIZATIONS. (a) In General.--Section 6104(b) of the Internal Revenue Code of 1986 is amended by striking ``Nothing in this subsection shall authorize the Secretary to disclose the name and address of any contributor to any organization'' and inserting ``In the case of any applicable organization or trust, such information shall include the name and address of any qualified contributor to such organization which is required to be included on the return and the total contributions of such qualified contributor, but nothing in this subsection shall authorize the Secretary to disclose the name or address of any other contributor to such organization or any contributor to any other organization''. (b) Definitions.--Section 6104(b) of such Code is amended-- (1) by striking ``The information'' and inserting the following: ``(1) In general.--The information'', and (2) by adding at the end the following new paragraph: ``(2) Definitions.--For purposes of paragraph (1)-- ``(A) Applicable organization or trust.--The term `applicable organization or trust' means any organization or trust which-- ``(i) indicates on an application (or amendment to an application) for recognition of exemption from tax under section 501(a) that such organization has or plans to spend money attempting to influence the selection, nomination, election, or appointment of any person to a public office, ``(ii) asserts on a return that such organization participated in, or intervened in (including through the publishing or distributing of statements), a political campaign on behalf of, or in opposition to, any candidate for public office, ``(iii) has filed, or was required to file, a statement or report under subsection (c) or (g) of section 304 of the Federal Election Campaign Act of 1974 with respect to independent expenditures made during the taxable year, or ``(iv) has filed, or was required to file, a statement under section 304(f) of such Act with respect to disbursements for electioneering communications made during the taxable year. ``(B) Qualified contributor.--The term `qualified contributor' means, with respect to any applicable organization or trust, any person who made aggregate contributions (in money or other property) to such applicable organization or trust during the taxable year in an amount valued at $5,000 or more.''. (c) Conforming Amendment.--Section 6104(d)(3)(A) of such Code is amended by striking the first sentence and inserting the following: ``In the case of any applicable organization or trust (as defined in subsection (b)(2)(A)), any copies of annual returns provided under paragraph (1) shall include information relating to the name and address of any qualified contributor (as defined in subsection (b)(2)(B)) to such organization and the total contributions of such qualified contributor, but nothing in such paragraph shall require the disclosure of the name or address of any other contributor to such organization or any contributor to any other organization (other than a private foundation (within the meaning of section 509(a)) or political organization exempt from taxation under section 527).''. (d) Effective Date.--The amendments made by this section shall apply to returns required to be filed after the date of the enactment of this Act. SEC. 4. AUTHORITY TO WITHHOLD SOCIAL SECURITY ACCOUNT NUMBERS ON FORM 990 FROM PUBLIC DISCLOSURE. (a) Inspection of Annual Returns.--Section 6104(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The Secretary may withhold from public inspection any social security account number included in information required to be made available under this subsection.''. (b) Public Inspection of Certain Annual Returns, Reports, Applications for Exemption, and Notices of Status.--Section 6104(d)(3)(B) of such Code is amended by adding at the end the following: ``or disclosure of any social security account number included in information required to be made available under this subsection.''. (c) Effective Date.--The amendments made by this section shall apply with respect to disclosures made after the date of the enactment of this Act.

Sunlight for Unaccountable Non-profits Act or the SUN Act Amends the Internal Revenue Code to require: (1) the annual tax return information for tax-exempt organizations and deferred compensation plans to be made available to the public at no charge and in an open structured data format that is processable by computers, with the information easy to find, access, reuse, and download in bulk; and (2) the disclosure of the names and addresses of contributors of $5,000 or more to tax-exempt organizations that participate or intervene in political campaigns on behalf of, or in opposition to, any candidate for public office. Authorizes the Internal Revenue Service to withhold from public inspection any social security account number included on the information return of a tax-exempt organization (i.e., Form 990).

SUN Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trafficking Victims Protection Reauthorization Act of 2017''. SEC. 2. DEFINITIONS. Section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) is amended-- (1) by redesignating paragraphs (5) through (15) as paragraphs (7) through (17), respectively; and (2) by inserting after paragraph (4) the following: ``(5) Concrete actions.--The term `concrete actions' means actions that demonstrate increased efforts by the government of a country to meet the minimum standards for the elimination of trafficking, including any of the following: ``(A) Enforcement actions taken. ``(B) Investigations actively underway. ``(C) Prosecutions conducted. ``(D) Convictions attained. ``(E) Training provided. ``(F) Programs and partnerships actively underway. ``(G) Efforts to prevent severe forms of trafficking, including programs to reduce the vulnerability of particularly vulnerable populations, involving survivors of trafficking in community engagement and policy making, engagement with foreign migrants, ending recruitment fees, and other such measures. ``(H) Victim services offered, including immigration services and restitution. ``(I) The amount of money the government has committed to the actions described in subparagraphs (A) through (H). ``(6) Credible information.--The term `credible information' includes all of the following: ``(A) Reports by the Department of State. ``(B) Reports of other Federal agencies, including the Department of Labor's List of Goods Produced by Child Labor or Forced Labor and List of Products Produced by Forced Labor or Indentured Child Labor. ``(C) Documentation provided by a foreign country, including-- ``(i) copies of relevant laws, regulations, and policies adopted or modified; and ``(ii) an official record of enforcement actions taken, judicial proceedings, training conducted, consultations conducted, programs and partnerships launched, and services provided. ``(D) Materials developed by civil society organizations. ``(E) Information from survivors of human trafficking, vulnerable persons, and whistleblowers. ``(F) All relevant media and academic reports that, in light of reason and common sense, are worthy of belief. ``(G) Information developed by multilateral institutions. ``(H) An assessment of the impact of the actions described in subparagraphs (A) through (I) of paragraph (5) on the prevalence of human trafficking in the country.''. SEC. 3. SENSE OF CONGRESS. (a) Private Sector Support to Strengthen Law Enforcement Agencies and the Role of Private Businesses in Preventing and Combating Child Sex Trafficking.--It is the sense of Congress that-- (1) the President should work with the private sector to explore, develop, and use technology that strengthens Federal law enforcement capabilities to combat traffickers and criminal networks; and (2) private businesses, both domestic and international, should take every reasonable step to prevent and combat child sex trafficking. (b) Efforts to End Modern Slavery.--It is the sense of Congress that any future authorization of appropriations to carry out the grant program authorized under section 1298 of the Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 7114) should simultaneously extend the accountability provisions under subsections (c), (d), and (e) of such section. SEC. 4. PROHIBITION ON PLACEMENT OR RECRUITMENT FEES. Section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)) is amended-- (1) by redesignating clauses (i) through (iv) as paragraphs (1) through (4), respectively, and moving such paragraphs 4 ems to the left; and (2) in paragraph (4), as redesignated-- (A) by redesignating subclauses (I) through (V) as subparagraphs (A) through (E), respectively, and moving such subparagraphs 4 ems to the left; (B) in subparagraph (B), as redesignated, by redesignating items (aa) and (bb) as clauses (i) and (ii), respectively, and moving such clauses 4 ems to the left; and (C) in subparagraph (D), as redesignated, by striking ``unreasonable placement or recruitment fees'' and all that follows through the period at the end and inserting ``placement or recruitment fees.''. SEC. 5. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING. Section 108(b)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)(7)) is amended by inserting ``or enable'' after ``condone''. SEC. 6. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM STANDARDS. Section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107) is amended-- (1) in paragraph (1)-- (A) by striking ``The report should'' and inserting ``The report shall, to the extent concurrent reporting data is available, cover efforts and activities taking place during the period between April 1 of the year preceding the report and March 31 of the year in which the report is made, and should''; (B) in subparagraph (A), by inserting ``based only on concrete actions taken by the country that are recorded during the reporting period'' after ``such standards''; (C) in subparagraph (B) by inserting ``based only on concrete actions taken by the country (excluding any commitments by the country to take additional future steps during the next year) that are recorded during the reporting period'' after ``compliance''; (D) in subparagraph (F), by striking ``and'' at the end; (E) in subparagraph (G), by striking the period at the end and inserting ``; and''; and (F) by adding at the end the following: ``(H) for each country included in a different list than the country had been placed in the previous annual report, a detailed explanation of how the concrete actions (or lack of such actions) undertaken (or not undertaken) by the country during the previous reporting period contributed to such change, including a clear linkage between such actions and the minimum standards enumerated in section 108.''; (2) in paragraph (2)-- (A) in subparagraph (A)(iii)-- (i) in subclause (I), by adding ``or'' at the end; (ii) in subclause (II), by striking ``; or'' and inserting a period; and (iii) by striking subclause (III); (B) in subparagraph (B), by striking ``the last annual report'' and inserting ``April 1 of the previous year''; (C) in subparagraph (D)(ii), by striking ``2 years'' and inserting ``1 year''; and (D) in subparagraph (E)-- (i) in the subparagraph heading, by striking ``Public'' and inserting ``Congressional''; and (ii) by striking ``shall provide'' and all that follows and inserting the following: ``shall-- ``(i) provide a detailed description of the credible information supporting such determination on a publicly available website maintained by the Department of State; and ``(ii) offer to brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on any written plan submitted by the country under subparagraph (D)(ii)(I), with an opportunity to review the written plan.''; (3) in paragraph (3)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the semicolon at the end and inserting a period; and (C) by adding at the end the following: ``(D) the extent to which the government of the country is devoting sufficient budgetary resources-- ``(i) to investigate and prosecute acts of severe trafficking in persons; ``(ii) to convict and sentence persons responsible for such acts; and ``(iii) to obtain restitution for victims of human trafficking; ``(E) the extent to which the government of the country is devoting sufficient budgetary resources-- ``(i) to protect and support victims of trafficking in persons; and ``(ii) to prevent severe forms of trafficking in persons; and ``(F) the extent to which the government of the country has consulted with domestic and international civil society organizations that resulted in concrete actions to improve the provision of services to victims of trafficking in persons.''; and (4) by adding at the end the following: ``(4) Action plans for countries upgraded to tier 2 watchlist.-- ``(A) In general.--Not later than 180 days after the release of the annual Trafficking in Persons Report, the Secretary of State, acting through the Ambassador-at-Large of the Office to Monitor and Combat Trafficking and the Assistant Secretary of the appropriate regional bureau, in consultation with appropriate officials from the government of each country described in paragraph (2)(A)(ii), and with the assistance of the United States Ambassador or Charge d'Affaires in each country, shall-- ``(i) prepare an action plan for each country upgraded from Tier 3 to Tier 2 Watchlist to further improve such country's tier ranking under this subsection; and ``(ii) present the relevant action plan to the government of each such country. ``(B) Contents.--Each action plan prepared under this paragraph-- ``(i) shall include specific concrete actions to be taken by the country to substantively address deficiencies preventing the country from meeting Tier 2 standards, based on credible information; and ``(ii) should be focused on short-term and multi-year goals. ``(C) Briefings.--The Ambassador-at-Large of the Office to Monitor and Combat Trafficking and all appropriate regional Assistant Secretaries shall make themselves available to brief the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives on the implementation of each action plan prepared under this paragraph. ``(D) Savings provision.--Nothing in this paragraph may be construed as modifying-- ``(i) minimum standards for the elimination of trafficking under section 108; or ``(ii) the actions against governments failing to meet minimum standards under this section or the criteria for placement on the Special Watch List under paragraph (2).''. SEC. 7. COMMUNICATION WITH GOVERNMENTS OF COUNTRIES DESIGNATED AS TIER 2 WATCH LIST COUNTRIES ON THE TRAFFICKING IN PERSONS REPORT. (a) In General.--Not less than annually, the Secretary of State shall provide, to the foreign minister of each country that has been downgraded to a ``Tier 2 Watch List'' country pursuant to the Trafficking in Persons report submitted under section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b))-- (1) a copy of the annual Trafficking in Persons report; and (2) information pertinent to that country's downgrade, including-- (A) confirmation of the country's designation to the Tier 2 Watch List; (B) the implications associated with such designation and the consequences for the country of a downgrade to Tier 3; (C) the factors that contributed to the downgrade; and (D) the steps that the country must take to be considered for an upgrade in status of designation. (b) Sense of Congress Regarding Communications.--It is the sense of Congress that, given the gravity of a Tier 2 Watch List designation, the Secretary of State should communicate the information described in subsection (a) to the foreign minister of any country downgraded to the Tier 2 Watch List. SEC. 8. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-TRAFFICKING INTERVENTIONS IN MULTILATERAL DEVELOPMENT BANKS. (a) Requirements.--The Secretary of the Treasury, in consultation with the Secretary of State, acting through the Ambassador at Large for Monitoring and Combating Trafficking in Persons, shall instruct the United States Executive Director of each multilateral development bank to initiate discussions with the other executive directors and management of the respective multilateral development bank to-- (1) further develop anti-human trafficking provisions in relevant project development, safeguards, procurement, and evaluation policies; (2) employing a risk-based approach, require human trafficking risk assessments and integration plans as a routine part of developing projects through existing, forthcoming or new mechanisms and processes; (3) support analyses of the impact of severe forms of trafficking in persons on key indicators of economic and social development and of the benefits of reducing human trafficking on economic and social development; (4) support the proactive integration of effective anti- trafficking interventions into projects with the objectives of enhancing development outcomes and reducing the incidence of severe forms of trafficking in project areas; (5) increase the capacity of multilateral development banks and of recipient governments to conduct human trafficking risk assessments and integrate anti-trafficking interventions into projects; (6) support the development of meaningful risk mitigation and reduction policies, regulations, and strategies within the multilateral development banks to reduce the incidence and prevalence of severe forms of trafficking in persons and enhance development outcomes that may be improved by reducing the incidence and prevalence of human trafficking; and (7) support the inclusion of human trafficking risk analysis in the development of relevant country strategies by each multilateral development bank. (b) Briefings.--The Secretary of the Treasury shall make relevant officials available to brief the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Appropriations of the House of Representatives on the implementation of this section. Passed the Senate December 17, 2018. Attest: Secretary. 115th CONGRESS 2d Session S. 1862 _______________________________________________________________________ AN ACT To amend the Trafficking Victims Protection Act of 2000 to modify the criteria for determining whether countries are meeting the minimum standards for the elimination of human trafficking, and for other purposes.

Trafficking Victims Protection Reauthorization Act of 2017 This bill amends the Trafficking Victims Protection Act of 2000 to modify: (1) the criteria for determining whether countries are meeting the minimum standards for the elimination of human trafficking, and (2) actions to be taken against countries that fail to meet such standards. The U.S. Agency for International Development shall incorporate child protection and anti-trafficking strategies into the development strategy for each country on the special watch list. The bill sets forth child soldier protection provisions. The U.S. Executive Director of each multilateral development bank shall initiate discussions to develop anti-human trafficking provisions in project development, procurement, and evaluation policies.

Trafficking Victims Protection Reauthorization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bond Fairness and Protection Act of 1999''. SEC. 2. TAX-EXEMPT BOND FINANCING OF CERTAIN ELECTRIC FACILITIES. (a) Permitted Open Access Transactions Not a Private Business Use.--Section 141(b)(6) of the Internal Revenue Code of 1986 (defining private business use) is amended by adding at the end the following: ``(C) Permitted open access transactions not a private business use.-- ``(i) In general.--For purposes of this subsection, the term `private business use' shall not include a permitted open access transaction. ``(ii) Permitted open access transaction defined.--For purposes of clause (I), the term `permitted open access transaction' means any of the following transactions or activities with respect to an electric output facility (as defined in subsection (f)(4)(A)) owned by a governmental unit: ``(I) Providing open access transmission services and ancillary services that meet the reciprocity requirements of Federal Energy Regulatory Commission Order No. 888, or that are ordered by the Federal Energy Regulatory Commission, or that are provided in accordance with a transmission tariff of an independent system operator approved by such Commission, or are consistent with state administered laws, rules or orders providing for open transmission access. ``(II) Participation in an independent system operator agreement (which may include transferring control of transmission facilities to an independent system operator), in a regional transmission group, or in a power exchange agreement approved by such Commission. ``(III) Delivery on an open access basis of electric energy sold by other entities to end-users served by such governmental unit's distribution facilities. ``(IV) If open access service is provided under subclause (I) or (III), the sale of electric output of electric output facilities on terms other than those available to the general public if such sale is to an on-system purchaser or is an existing off-system sale. ``(V) Such other transactions or activities as may be provided in regulations prescribed by the Secretary. ``(iii) Definitions; special rules.--For purposes of this subparagraph-- ``(I) On-system purchaser.--The term `on-system purchaser' means a person who purchases electric energy from a governmental unit and whose electric facilities or equipment are directly connected with transmission or distribution facilities that are owned by such governmental unit. ``(II) Off-system purchaser.--The term `off-system purchaser' means a purchaser of electric energy from a governmental unit other than an on- system purchaser. ``(III) Existing off-system sale.-- The term `existing off-system sale' means a sale of electric energy to a person that was an off-system purchaser of electric energy in the base year, but not in excess of the kilowatt hours purchased by such person in such year. ``(IV) Base year.--The term `base year' means 1998 (or, at the election of such unit, in 1996 or 1997). ``(V) Joint action agencies.--A member of a joint action agency that is entitled to make a sale described in clause (ii)(IV) in a year may transfer that entitlement to the joint action agency in accordance with rules of the Secretary. ``(VI) Government-owned facility.-- An electric output facility (as defined in subsection (f)(4)(A)) shall be treated as owned by a governmental unit if it is owned or leased by such governmental unit or if such governmental unit has capacity rights therein acquired before July 9, 1996, for the purposes of serving one or more customers to which such governmental unit had a service obligation on such date under state law or a requirements contract.''. (b) Election To Terminate Tax Exempt Financing.--Section 141 of the Internal Revenue Code of 1986 (relating to private activity bond; qualified bond) is amended by adding at the end the following: ``(f) Election To Terminate Tax-Exempt Bond Financing for Certain Electric Output Facilities.-- ``(1) In general.--An issuer may make an irrevocable election under this paragraph to terminate certain tax-exempt financing for electric output facilities. If the issuer makes such election, then-- ``(A) except as provided in paragraph (2), no bond the interest on which is exempt from tax under section 103 may be issued on or after the date of such election with respect to an electric output facility; and ``(B) notwithstanding paragraph (1) or (2) of subsection (a) or paragraph (5) of subsection (b), with respect to an electric output facility no bond that was issued before the date of enactment of this subsection, the interest on which was exempt from tax on such date, shall be treated as a private activity bond, for so long as such facility continues to be owned by a governmental unit. ``(2) Exceptions.--An election under paragraph (1) does not apply to-- ``(A) any qualified bond (as defined in subsection (e)), ``(B) any eligible refunding bond, or ``(C) any bond issued to finance a qualifying T&D facility, or ``(D) any bond issued to finance equipment necessary to meet Federal or state environmental requirements applicable to, or repair of, electric output facilities in service on the date of enactment of this subsection. Repairs or equipment may not increase by more than a de minimus degree the capacity of the facility beyond its original design. ``(3) Form and effect of elections.--An election under paragraph (1) shall be made in such a manner as the Secretary prescribes and shall be binding on any successor in interest to the electing issuer. ``(4) Definitions.--For purposes of this subsection-- ``(A) Electric output facility.--The term `electric output facility' means an output facility that is an electric generation, transmission, or distribution facility. ``(B) Eligible refunding bond.--The term `eligible refunding bond' means state or local bonds issued after an election described in paragraph (1) that directly or indirectly refund state or local bonds issued before such election, if the weighted averaged maturity of the refunding bonds do not exceed the remaining weighted average maturity of the bonds issued before the election. ``(C) Qalifying t&d facility.--The term `qualifying T&D facility' means-- ``(i) transmission facilities over which services described in subsection (b)(6)(C)(ii)(I) are provided, or ``(ii) distribution facilities over which services described in subsection (b)(6)(C)(ii)(III) are provided.''. (c) Effective Date, Applicability, and Transition Rules.-- (1) Effective date.--The amendments made by this section take effect on the date of enactment of this Act, except that a governmental unit may elect to apply section 141(b)(6)(C) of the Internal Revenue Code of 1986, as added by subsection (a), with respect to permitted open access transactions on or after July 9, 1996. (2) Applicability.--References in the Act to sections of the Internal Revenue Code of 1986, as amended, shall be deemed to include references to comparable sections of the Internal Revenue Code of 1954, as amended. (3) Transition rules.-- (A) Private business use.--Any activity that was not a private business use prior to the effective date of the amendment made by subsection (a) shall not be deemed to be a private business use by reason of the enactment of such amendment. (B) Election.--An issuer making the election under section 141(f) of the Internal Revenue Code of 1986, as added by subsection (b), shall not be liable under any contract in effect on the date of enactment of this Act for any claim arising from having made the election.

Bond Fairness and Protection Act of 1999 - Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to exclude a permitted open access transaction (as defined by this Act) from the definition of private business use. Permits, as specified, termination of tax-exempt bond financing for certain electric output facilities.

Bond Fairness and Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on American Recovery and Reinvestment Act of 2009''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the National Commission on American Recovery and Reinvestment (referred to in this Act as the ``Commission''). SEC. 3. COMPOSITION AND PROCEEDINGS. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President; (2) 1 member shall be appointed by the minority leader of the Senate in consultation with the minority leader of the House of Representatives; (3) 2 members shall be appointed by the majority leader of the Senate; (4) 2 members shall be appointed by the minority leader of the Senate; (5) 2 members shall be appointed by the majority leader of the House of Representatives; and (6) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Political Affiliation.--Not more than 5 members of the Commission may be of the same political party. (c) Non-Governmental Appointees.--An individual is not eligible for appointment as a member of the Commission if the individual is an officer or employee of the Federal Government or any State or local government. (d) Deadline for Appointments.--The members of the Commission shall be appointed before the end of the period of 30 days beginning with the day on which this Act is enacted. (e) Vacancies.--If a vacancy occurs in the membership of the Commission it shall be filled in the manner in which the original appointment was made. (f) Chairperson; Vice Chairperson.-- (1) Chairperson.--The member appointed under subsection (a)(1) shall be the chairperson of the Commission (referred to in this Act as the ``chairperson''). (2) Vice chairperson.--The member appointed under subsection (a)(2) shall be the vice chairperson of the Commission (referred to in this Act as the ``vice chairperson''). (g) Proceedings.-- (1) Meetings.--The Commission shall meet at the call of the chairperson or a majority of its members. The Commission shall hold its meetings in public to the extent that the Commission considers it appropriate to do so. (2) Quorum.--Six members of the Commission shall constitute a quorum. (3) Vacancies not to affect duties or powers.--A vacancy in the membership of the Commission does not affect its duties or powers. SEC. 4. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall-- (1) investigate and make findings on the-- (A) the number of jobs saved or created as a result of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 125); (B) the circumstances in which such jobs have been saved or created; and (C) the effectiveness of measures taken to prevent the improper payment of funds allocated under the American Recovery and Reinvestment Act of 2009; and (2) make recommendations on-- (A) changes that could be made to the American Recovery and Reinvestment Act of 2009 to save or create more jobs; and (B) steps that could be taken to prevent the improper payment of funds allocated under the American Recovery and Reinvestment Act of 2009. (b) Relationship to the Government Accountability Office.--When the Commission is investigating matters and making findings under subsection (a)(1), and when it is making recommendations under subsection (a)(2), the following requirements shall apply: (1) The Commission shall begin by considering any relevant material published by the Government Accountability Office. (2) If the Commission finds that the material published by the Government Accountability Office is incomplete, out-of-date or otherwise inadequate the Commission may carry out further investigations or make further findings or recommendations. SEC. 5. HEARINGS AND EVIDENCE. (a) In General.--The Commission may, for the purposes of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony and receive such evidence as the Commission considers appropriate. The Commission shall hold its hearings in public to the extent that the Commission considers it appropriate to do so. (b) Subpoenas.-- (1) Issuance.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence relating to any matter that the Commission is required to investigate by section 4. (2) Location.--The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (c) Delegation.--The powers conferred on the Commission by subsections (a) and (b) may be exercised by-- (1) any member of the Commission who is authorized by the Commission for that purpose; or (2) any committee of the Commission which is authorized by the Commission for that purpose. (d) Subpoenas: Procedure and Enforcement.-- (1) Approval.--A subpoena may be issued under this section only if approved by-- (A) the chairperson and the vice chairperson; or (B) a majority of the members of the Commission. (2) Signature.--A subpoena issued under this section shall be issued under the signature of-- (A) the chairperson or the vice chairperson; or (B) a member of the Commission authorized for that purpose by a majority of the members of the Commission. (3) Service.--A subpoena issued under this section shall be served by a person authorized for that purpose by-- (A) the chairperson or the vice chairperson; or (B) a member of the Commission authorized for that purpose by a majority of the members of the Commission. (4) Enforcement.-- (A) Court order.--If a person refuses to obey a subpoena issued under this section, the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. (B) Application.--The application for the court order may be made within the judicial district where the hearing is conducted or where the person is found or resides. (C) Failure to obey.--Any failure to obey the order of a court under this paragraph may be punished by the court as civil contempt. SEC. 6. ASSISTANCE FROM FEDERAL AGENCIES, CONTRACTS, GIFTS AND POSTAL SERVICES. (a) Information From Federal Agencies.-- (1) In general.--The Commission may, for the purpose of carrying out this Act, request information directly from any Federal department or agency. (2) Duty to comply.--The head of a Federal department or agency who receives such a request shall provide the information requested. (b) General Services Administration.--If requested to do so by the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support or other services necessary for the Commission to carry out this Act. (c) Other Departments and Agencies.--The head of a Federal department or agency may provide to the Commission such financial or other assistance (including services, facilities or staff) as the head may consider appropriate. (d) Contracts.--The Commission may, to the extent and in the amounts provided in advance in the appropriation Acts, enter into contracts to enable the Commission to carry out this Act. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. SEC. 7. NON-APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 8. DIRECTOR AND STAFF. (a) Director.--The chairperson, in consultation with the vice chairperson, may appoint, and fix the pay of, a director of the Commission. (b) Other Staff.--The chairperson, in consultation with the vice chairperson, may appoint, and fix the pay of, other staff of the Commission (c) Rules.--Any appointment made or pay fixed under subsection (a) or (b) shall be subject to rules prescribed by the Commission. (d) Pay.--No rate of pay fixed under subsection (a) or (b) may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (e) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission-- (1) may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive services; and (2) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to the classification and General Schedule pay rates (subject to subsection (d)). (f) Consultant Services.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule as specified in section 5315 of title 5, United States Code. SEC. 9. EXPENSES FOR MEMBERS. (a) Compensation.--Each member of the Commission shall be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule as specified in section 5315 of title 5, United States Code, for each day during which the member is engaged in carrying out functions of the Commission. (b) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 10. REPORTS. (a) Final Report.--Before the end of the relevant period, the Commission shall submit to the President and Congress a report containing the findings and recommendations described in section 4(a). (b) Interim Reports.--During the relevant period, the Commission may submit to the President and Congress such interim reports as the Commission considers appropriate. (c) Making Reports Available to the Public.--The Commission shall make available to the public any reports required by this Act. (d) Relevant Period.--In this section, the term ``relevant period'' means the period of 18 months beginning with the day on which this Act is enacted. SEC. 11. TERMINATION OF COMMISSION. (a) In General.--The Commission shall terminate at the end of the period of 60 days beginning with the day on which its final report is submitted under section 11. (b) Administrative Activities Before Termination.--The Commission may use the period specified in subsection (a) for the purpose of concluding its activities. SEC. 12. FUNDING. There is authorized to be appropriated $5,000,000 to carry out this Act.

National Commission on American Recovery and Reinvestment Act of 2009 - Establishes in the legislative branch the National Commission on American Recovery and Reinvestment. Requires the Commission to: (1) investigate and make findings on the number of jobs saved or created as a result of the American Recovery and Reinvestment Act of 2009; and (2) make recommendations on changes that could be made to such Act to save or create more jobs as well as steps that could be taken to prevent the improper payment of funds allocated under it.

To establish a National Commission on American Recovery and Reinvestment.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Alaska Floodplain and Erosion Mitigation Commission Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--JOINT FEDERAL-STATE FLOODPLAIN AND EROSION MITIGATION COMMISSION FOR ALASKA Sec. 101. Establishment of commission. Sec. 102. Duties. Sec. 103. Administration. Sec. 104. Commission personnel matters. Sec. 105. Reports. Sec. 106. Termination of commission. TITLE II--FLOOD AND EROSION CONTROL AND MITIGATION Sec. 201. Evaluation and prioritization. Sec. 202. Flood and erosion control and mitigation. Sec. 203. Mitigation. Sec. 204. Administration. TITLE III--AUTHORIZATION OF APPROPRIATIONS Sec. 301. Authorization of appropriations. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Joint Federal-State Floodplain and Erosion Mitigation Commission for Alaska established by section 101(a). (2) Alaska native.--The term ``Alaska Native'' has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (3) Alaska native village.--The term ``Alaska Native village'' has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Alaska. TITLE I--JOINT FEDERAL-STATE FLOODPLAIN AND EROSION MITIGATION COMMISSION FOR ALASKA SEC. 101. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Joint Federal-State Floodplain and Erosion Mitigation Commission for Alaska''. (b) Membership.-- (1) Composition.--The Commission shall be composed of 7 members, of whom-- (A) 1 member shall be the Governor of the State, who shall serve as Cochairperson; (B) 3 members shall be appointed by the Governor of the State, of whom-- (i) 1 member shall be a nonvoting ex officio Alaska Native; and (ii) at least 1 member shall represent city or borough governments; (C) 1 shall be appointed by the Secretary, shall be an employee of the Department of the Interior, and shall serve as Cochairperson; (D) 1 member appointed by the Secretary of Agriculture shall be an employee of the Natural Resources Conservation Service of the Department of Agriculture; and (E) 1 member, appointed by the Secretary of Defense, shall be an employee of-- (i) the Department of Defense; or (ii) the Corps of Engineers. (2) Date of appointments.--The appointment of a member of the Commission shall be made not later than 90 days after the date of enactment of this Act. (c) Appointment; Vacancies.-- (1) Appointment.--A member of the Commission shall serve at the pleasure of the appointing authority. (2) Vacancies.--A vacancy on the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment was made. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (e) Meetings.--Subject to section 102(a), the Commission shall meet at the call of the Cochairpersons. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Concurrence of Cochairpersons.--A decision of the Commission shall require the concurrence of the Cochairpersons. (h) Principal Office.--The principal office of the Commission shall be in the State of Alaska. SEC. 102. DUTIES. (a) Meetings.--For the first 2 years following the date of enactment of this Act, the Commission shall meet not less than 2 times per year. (b) Study.-- (1) In general.--The Commission shall conduct a study of all matters relating to-- (A) the feasibility of alternatives for flooding or erosion assistance; and (B) the development of a policy to guide infrastructure investments in the Alaska Native villages, cities, and boroughs that are most affected by flooding or erosion. (2) Matters to be studied.--The matters to be studied by the Commission include-- (A) flood and erosion processes; (B) the planning needs associated with flood and erosion processes, including identifying and making recommendations concerning-- (i) specific flood and erosion circumstances that affect life and property in the State; (ii) land use regulations, including area standards for designation of flood- and erosion-prone land; (iii) uses to be made of flood- and erosion-prone land, and how State and Federal grants, loans, and capital improvements shall be invested in designated areas; and (iv) how to regulate and implement the uses described in clause (iii) on-- (I) land designated as an allotment for Alaska Native people; (II) land owned by an Alaska Native village corporation or a regional village corporation under the Alaska Native Claims Settlement Act (Public Law 92-203); (III) land owned by the Federal or State government; (IV) city and borough land; and (V) other private land; and (C) the establishment of procedures to obtain the view of the public on land use planning needs, such as implementation and enforcement of flood and erosion control and mitigation solutions, including-- (i) increased hydrologic and other specialized data collection; and (ii) public hearings. (c) Evaluation.--Not later than 120 days after the date of enactment of this Act and annually thereafter, the Commission shall evaluate specific flood and erosion circumstances that affect life and property in the State. (d) Recommendations.--The Commission shall develop recommendations on-- (1) the development and implementation of flood and erosion control and mitigation solutions in villages and communities identified by the Commission as being most in need of those solutions; (2) programs and budgets of Federal and State agencies responsible for administrating Federal and State floodplain management authorities; (3) the establishment of State erosion management responsibilities and authorities; (4) changes in law, policies, and programs that the Commission determines are necessary or desirable to provide an integrated Federal-State erosion and flood management authority; (5) improving coordination and consultation between the Federal and State governments in making resource allocation and flood and erosion control and mitigation decisions; (6) ways to avoid conflict between the State and Alaska Native people in the allocation of resources; (7) ensuring that higher priority is given to achieving long-term sustainability of communities from debilitating flood and erosion losses than to short-term project and infrastructure development needs, if the flood and erosion control and mitigation solution is publicly funded; and (8) ensuring that the economic and social well-being of Alaska Native people and other residents of the State is not compromised by a risk of erosion or flood that could be avoided through long-term planning. SEC. 103. ADMINISTRATION. (a) Advisers.--To assist the Commission in carrying out this Act, the Commission shall establish a committee of technical advisers to the Commission with expertise in-- (1) coastal engineering; (2) the adverse impact of flood and erosion management; (3) rural community planning in the State; (4) how city and borough governments are affected by erosion; (5) the relationship between State and local governments and Alaska Native villages; and (6) any other interest that the Commission determines is appropriate. (b) Records.-- (1) In general.--The Commission shall maintain complete records of the activities of the Commission. (2) Public inspection.--Records maintained under paragraph (1) shall be available for public inspection. (c) Hearings.--The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this title. (d) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this title. (2) Provision of information.--On request of a Cochairperson of the Commission, the head of the agency shall provide the information to the Commission. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property to carry out the duties of the Commission. SEC. 104. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal employees.--A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Federal or state employees.--A member of the Commission who is an officer or employee of the Federal or State government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal or State Government. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff.-- (1) In general.--The Cochairpersons of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Cochairpersons of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Commission without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Cochairpersons of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. SEC. 105. REPORTS. (a) Interim Reports.--Not later than September 30 of each year, the Commission shall submit to Congress, the Secretary, and the legislature of the State-- (1) a report that describes the activities of the Commission in the preceding calendar year; and (2) a report that describes-- (A) any immediate need of the Commission; and (B) any imminent threat action directive for the coordinated response to erosion and flooding in the case of an emergency. (b) Final Report.--Not later than September 30, 2011, the Commission shall submit to Congress, the Secretary, and the legislature of the State a final report that describes-- (1) the activities and findings of the Commission; and (2) the recommendations of the Commission for legislation and administrative actions the Commission considers appropriate. SEC. 106. TERMINATION OF COMMISSION. The Commission shall terminate on September 30, 2011. TITLE II--FLOOD AND EROSION CONTROL AND MITIGATION SEC. 201. EVALUATION AND PRIORITIZATION. Not later than 120 days after the date of enactment of this Act and annually thereafter, the Secretary, in consultation with the Commission, shall evaluate and prioritize specific flood and erosion circumstances that affect life and property in the State. SEC. 202. FLOOD AND EROSION CONTROL AND MITIGATION. (a) In General.--Not later than September 15, 2006, the Secretary, in consultation with the Commission, shall examine the most cost- effective ways of carrying out flood and erosion control and mitigation solutions devised by the Commission for the 9 villages in the State identified in the Government Accountability Office Report 04-142. (b) Cost-Effective Technology.--The Secretary, in consultation with the Commission, shall implement a solution described in subsection (a) using the most cost-effective technology to protect life and property in the State, including-- (1) movement of structures; (2) nonstructural land management of erosion-prone areas; and (3) structural erosion control techniques. (c) Grants to State and Local Governments.--For any fiscal year after fiscal year 2006, the Secretary may implement a solution described in subsection (a) through the State government or a local government by making a grant to a government using the remainder of any funds appropriated to the Secretary for appropriate flood and erosion control and mitigation solutions. (d) Factors.--In implementing a solution under this section, the Secretary, in consultation with the Commission, shall consider-- (1) the design life of structural erosion control projects; (2) the cost effectiveness of all erosion control projects; and (3) the availability of a revolving loan fund administered by the State for relocation, elevation, and flood proofing of flood- or erosion-prone structures. (e) Federal Share.--The Federal share of the cost of carrying out a project or activity under this section shall be 75 percent. SEC. 203. MITIGATION. (a) In General.--The Secretary, in consultation with the Commission, may take any action necessary to mitigate the loss of structures and infrastructure from flood and erosion using the most cost effective means practicable to provide the longest-term benefit, including-- (1) relocation; (2) elevation; (3) flood proofing; and (4) land management alternatives. SEC. 204. ADMINISTRATION. (a) Consultation.--The Secretary shall-- (1) consult with the Commission and appropriate Federal and State agencies; and (2) provide oversight authority, responsibility, and directives to agencies developing relocation and flood and erosion control and mitigation plans. (b) Valid Existing Rights.--This subsection does not limit any right recognized under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is in existence at the time of the enactment of this Act. (c) Authority of the Secretary.--This title does not impair the authority of the Secretary to make contracts and grant leases, permits, rights-of-way, and easements. TITLE III--AUTHORIZATION OF APPROPRIATIONS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for each of fiscal years 2006 through 2011 such sums as are necessary to carry out this Act, to remain available until expended. (b) Commission.--The Secretary may use not to exceed $250,000 of the funds made available under subsection (a) for the expenses of the Commission, including hiring any necessary staff.

Alaska Floodplain and Erosion Mitigation Commission Act of 2005 - Establishes the Joint Federal-State Floodplain and Erosion Mitigation Commission for Alaska to study all matters relating to: (1) the feasibility of alternatives for flooding or erosion assistance; and (2) the development of a policy to guide infrastructure investments in the Alaska Native villages, cities, and boroughs that are most affected by flooding or erosion. Directs the Secretary of the Interior to: (1) evaluate and prioritize specific flood and erosion circumstances that affect life and property in Alaska; and (2) examine the most cost-effective ways of carrying out flood and erosion control and mitigation solutions devised by the Commission for nine villages in the State identified in a specified Government Accountability Office report. Authorizes the Secretary to implement a solution by making a grant to the State government or a local government using the remainder of funds appropriated for flood and erosion control and mitigation solutions. Delineates factors to be considered in implementing such a solution. Sets the Federal share of the cost at 75 percent. Authorizes the Secretary to take any action necessary to mitigate the loss of structures and infrastructure from flood and erosion using the most cost-effective means practicable to provide the longest-term benefit.

A bill to establish a joint Federal-State Floodplain and Erosion Mitigation Commission for the State of Alaska.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay Down the Debt Act of 2015''. SEC. 2. DEBT STABILIZATION PROCESS. (a) In General.--The Congressional Budget Act of 1974 is amended by inserting after title V the following: ``TITLE VI--DEBT STABILIZATION ``SEC. 601. DEBT STABILIZATION PROCESS. ``(a) Budget Targets.--The budget target-- ``(1) for fiscal year 2017 is a ratio of debt held by the public to the estimated gross domestic product (GDP) of the United States that is lower than the ratio in fiscal year 2016; and ``(2) for a fiscal year after fiscal year 2017 is a ratio of debt held by the public to the estimated gross domestic product (GDP) of the United States that does not exceed the ratio in the prior fiscal year. ``(b) Reports.--During January of each calendar year beginning in 2015, the Director of the Office of Management and Budget shall report to the President and the Director of the Congressional Budget Office shall report to Congress whether the projected debt held by the public- to-GDP ratio will exceed the prior fiscal year's ratio in any of the five ensuing fiscal years. ``(c) President's Budget.--If the report of the Director of the Office of Management and Budget indicates that for any of fiscal years 2017 through 2025 the ratios set forth in subsection (a)(1) or (a)(2) will be exceeded, then the budget submission of the President under section 1105(a) of title 31, United States Code, for that fiscal year shall include legislative recommendations that achieve the applicable budget targets set forth in subsection (a). ``(d) Congressional Action.-- ``(1) In general.--If the report of the Director of the Congressional Budget Office under subsection (b) indicates that for any of fiscal years 2017 through 2025, the ratios set forth in subsection (a)(1) or (a)(2) will be exceeded, then the concurrent resolution on the budget for that fiscal year shall include stabilization instructions pursuant to section 310 directing committees of the House of Representatives and the Senate to determine and recommend changes in laws within their jurisdictions that achieve the budget targets set forth in subsection (a). ``(2) Point of order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or amendment thereto or conference report thereon, that fails to include directions to committees sufficient to achieve the budget targets set forth in subsection (a). ``(3) Discretionary spending limits.--Any changes in the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 contained in any stabilization legislation referred to in this subsection shall not be considered to be extraneous matter for purposes of section 313. ``(e) Enforcing Stabilization Requirement.-- ``(1) In general.--If, in any calendar year in which the debt stabilization process has been triggered under subsection (d), Congress has not agreed to stabilization legislation and transmitted such legislation to the President, it shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or conference report thereon, providing a net increase in mandatory budget authority or a net decrease in revenues. ``(2) Point of order in house of representatives.-- ``(A) In general.--It shall not be in order in the House of Representatives to consider a rule or order that waives the application of paragraph (1). ``(B) Disposition if point of order.--As disposition of points of order under paragraph (1), the Chair shall put the question of consideration with respect to the proposition that is subject to the points of order. ``(C) Debate.--A question of consideration under this paragraph shall be debatable for ten minutes by each Member initiating a point of order and for ten minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. ``(D) Amendments.--The disposition of the question of consideration under this paragraph with respect to a bill or resolution shall be considered also to determine the question of consideration under this paragraph with respect to an amendment made in order as original text. ``(3) Senate.--Paragraph (1) may be waived or suspended in the Senate only by three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1). ``(f) Suspension During Low Growth.-- ``(1) In general.--The requirements of this title for any fiscal year shall be suspended-- ``(A) if the Secretary of the Treasury notifies the President and each House of Congress and publishes in the Federal Register that the estimated real gross domestic product of the United States for the calendar year during which such fiscal year begins would exceed the real gross domestic product of the prior calendar year by less than one percent; or ``(B) upon the enactment of a joint resolution stating that the stabilization legislation would cause or exacerbate an economic downturn. ``(2) Exception.--This subsection shall not apply to the reporting requirements set forth in subsection (b). ``(3) End of suspension.--In the event of a suspension of the requirements of this title under paragraph (1) or (2), then, effective with regard to the first fiscal year beginning at least 6 months after the notification by the Secretary of the Treasury or the enactment of the joint resolution, as applicable, such suspension is no longer in effect. ``SEC. 602. CONSIDERATION OF ALTERNATIVE PROPOSALS. ``(a) Introduction of Alternative Proposal.--If, in any calendar year in which the debt stabilization process has been triggered by a report by the Director of the Congressional Budget Office under section 601(b), Congress has not agreed to a congressional resolution on the budget by June 15 that meets the requirements of section 601, then any Member of the House of Representatives or the Senate may introduce a bill to provide for changes in law sufficient to achieve the applicable budget target set forth in section 601(a). Such bill shall have the following long title: `To stabilize the debt pursuant to section 602 of the Congressional Budget Act of 1974.'. ``(b) CBO Estimate.--Upon the introduction of a bill referred to in subsection (a), the Director of the Congressional Budget Office shall prepare and submit to the appropriate committees of the House of Representatives and the Senate, as applicable, a cost estimate of that bill for the time period described in section 601(b). ``(c) Expedited Consideration.-- ``(1) Required cosponsorship.--Any bill introduced pursuant to subsection (a)-- ``(A) in the House of Representatives shall receive expedited consideration pursuant to paragraph (2) if such bill has not less than 50 cosponsors; or ``(B) in the Senate shall receive expedited consideration pursuant to paragraph (2) if such bill has not less than 10 cosponsors. ``(2) Consideration in the house of representatives.-- ``(A) Referral and reporting.--Any committee of the House of Representatives to which a bill produced pursuant to paragraph (1) is referred shall report it to the House without amendment not later than the third legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. ``(B) Proceeding to consideration.--Not later than 3 legislative days after the bill referred to in paragraph (1) is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the bill in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until such bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(C) Consideration.--If the motion to proceed is agreed to, the House shall immediately proceed to consider the bill referred to in paragraph (1) in the House without intervening motion. Such bill shall be considered as read. All points of order against such bill and against its consideration are waived. The previous question shall be considered as ordered on such bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of such bill shall not be in order. ``(3) Consideration in the senate.-- ``(A) Committee action.--The appropriate committees of the Senate shall report without amendment the bill referred to in paragraph (1) not later than the third session day after introduction. If a committee fails to report such bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of such bill and it shall be placed on the appropriate calendar. ``(B) Motion to proceed.--Not later than 3 session days after the bill referred to in paragraph (1) is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider such bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to such bill. ``(C) Consideration.--If a motion to proceed to the consideration of the bill referred to in paragraph (1) is agreed to, the Senate shall immediately proceed to consideration of such bill without intervening motion, order, or other business, and such bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against such bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with such bill shall be limited to not more than 1 hour. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit such bill is not in order. A motion to reconsider the vote by which such bill is agreed to or disagreed to is not in order. ``(4) Amendments prohibited.--No amendment to, or motion to strike a provision from, a bill referred to in paragraph (1) considered under this section shall be in order in either the Senate or the House of Representatives. ``(5) Coordination with action by other house.--If, before passing the bill referred to in paragraph (1), one House receives from the other a bill-- ``(A) the bill of the other House shall not be referred to a committee; and ``(B) the procedure in the receiving House shall be the same as if no such bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant such bill of the receiving House. ``SEC. 603. DEFINITION. ``As used in this title, the term `stabilization legislation' means any legislation designated in the text as stabilization legislation which the chairman of the Committee on the Budget of the House of Representatives or the Senate certifies would reduce the deficit or debt held by the public below the levels required by this title.''. (b) Conforming Amendment.--The table of contents of the Congressional Budget Act of 1974 is amended by inserting after the items relating to title V the following: ``TITLE VI--DEBT STABILIZATION ``Sec. 601. Debt stabilization process. ``Sec. 602. Consideration of alternative proposals. ``Sec. 603. Definition.''.

Pay Down the Debt Act of 2015 This bill amends the Congressional Budget Act of 1974 to establish a legislative process to stabilize the debt using the prior year's ratio of debt held by the public to the estimated gross domestic product (GDP) as a target. The Congressional Budget Office (CBO) and the Office of Management and Budget (OMB) must report annually on whether the target will be exceeded in any of the five ensuing fiscal years. If the OMB reports that the target will be exceeded in any year between FY2017-FY2025, the President's budget for that year must include legislative recommendations to achieve the target. If the CBO reports that the target will be exceeded in any year between FY2017-FY2025: the congressional budget resolution for that year must include reconciliation instructions directing congressional committees to recommend legislation to achieve the target, or any Member of Congress may introduce a bill to reach the target, to be considered using expedited legislative procedures if Congress has not agreed to a budget resolution by June 15th that meets the requirements. If debt stabilization legislation is required, Congress may not consider legislation increasing mandatory budget authority or decreasing revenues until the debt legislation has been agreed to and sent to the President. The requirements imposed by this bill are suspended if: (1) the Department of the Treasury estimates that real GDP for a year will grow by less than 1% compared to the prior year, or (2) a joint resolution is enacted stating that the debt stabilization legislation would cause or exacerbate an economic downturn.

Pay Down the Debt Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Account Protection Act of 2001''. SEC. 2. ADDITIONAL FIDUCIARY PROTECTIONS RELATING LOCKDOWNS UNDER EMPLOYEE STOCK OWNERSHIP PLANS. (a) In General.--Section 402(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(2)) is amended-- (1) by striking ``In the case'' and inserting ``Subject to subparagraph (B), in the case''; and (2) by adding at the end the following new subparagraph: ``(B)(i) In the case of any eligible individual account plan (as defined in section 407(d)(3))-- ``(I) unless an exemption is obtained from the Secretary under clause (ii), no lockdown may be imposed by the plan sponsor, administrator, or any other fiduciary in connection with the nonforfeitable accrued benefit of a participant or beneficiary, and ``(II) no lockdown may take effect until at least 90 days after written notice (which may include notice by means of electronic communication) of such a waiver is provided by the plan administrator to such participant or beneficiary. ``(ii) The Secretary shall establish a procedure under which a plan administrator may apply for an exemption for purposes of clause (i). The Secretary may not grant such exemption unless the Secretary finds that such exemption is-- ``(I) administratively feasible, ``(II) in the interests of the plan and of its participants and beneficiaires, and ``(III) protective of the rights of participants and beneficiaries of the plan. Before granting such an exemption, the Secretary shall publish notice in the Federal Register of the pendency of the exemption, shall require that adequate notice be given to interested persons, and shall afford interested persons opportunity to present views. ``(iii) Subparagraph (A) shall not apply in connection with any plan unless the plan provides for compliance with the requirements of clause (i). ``(iv) For purposes of this subparagraph, the term `lockdown' means any lockdown, blackout, or freeze with respect to, suspension of, or similar limitation on the ability of a participant or beneficiary (who has met minimum participation requirements applicable in accordance with section 202) to transfer some or all of the nonforfeitable accrued benefit of the participant or benefiary from investment in the form of qualifying employer securities (as defined in section 407(d)(5)) to another investment vehicle otherwise available under the terms of the plan. Such term does not include-- ``(I) any permanent limitation which applies only to benefits attributable to employer contributions, or ``(II) any reasonable restriction on the frequency of transfers between investment vehicles, subject to such regulations as the Secretary may prescribe.''. SEC. 3. STUDY RELATING TO CAPS ON INVESTMENT OF INDIVIDUAL ACCOUNT PLAN ASSETS IN EMPLOYER SECURITIES. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury and the Securities and Exchange Commission, shall undertake a study relating to investment of plan assets of individual account plans in stock or other securities issued by the employer. (b) Matters To Be Studied.--In conducting the study pursuant to subsection (a), the Secretary shall-- (1) consider the feasibility of statutory limits on the extent to which plan assets under individual account plans may be invested in stock or other securities issued by the employer, and (2) analyze such feasibility with respect to a range of possible statutory limits. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to each House of the Congress setting forth the results of the study required under subsection (a). Such report shall include such recommendations for statutory or administrative changes as the Secretary of Labor, in consultation with the Secretary of the Treasury and the Securities and Exchange Commission, has determined to be appropriate. SEC. 4. EFFECTIVE DATE AND RELATED RULES. (a) In General.--Subject to subsection (b), the amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2002. (b) Special Rule for Collectively Bargained Plans.--In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before the date of the enactment of this Act, subsection (a) shall be applied to benefits pursuant to, and individuals covered by, any such agreement by substituting for ``January 1, 2002'' the date of the commencement of the first plan year beginning on or after the earlier of-- (1) the later of-- (A) January 1, 2003, or (B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act), or (2) January 1, 2004. (c) Plan Amendments.--If the amendments made by this Act require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 2004, if-- (1) during the period after such amendments made by this Act take effect and before such first plan year, the plan is operated in accordance with the requirements of such amendments made by this Act, and (2) such plan amendment applies retroactively to the period after such amendments made by this Act take effect and before such first plan year.

Retirement Account Protection Act of 2001 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise fiduciary duties with respect to pension plans that are specified types of eligible individual account plans, including employee stock ownership plans that are among qualifying plans under section 401(k) of the Internal Revenue Code (IRC), but excluding, with certain exceptions, individual retirement accounts or annuities (IRAs) under section 408 of IRC.Prohibits sponsors, administrators, or other fiduciaries of such plans, unless they apply for and obtain exemptions from the Secretary of Labor, from imposing any lockdown (including a blackout, freeze, suspension, or similar limitation) on participants' or beneficiaries' ability to transfer their nonforfeitable accrued benefits from investment in the form of qualifying employer securities to other investment vehicles otherwise available under the terms of the plan. Prohibits the Secretary from granting such an exemption without finding that it is: (1) administratively feasible; (2) in the interests of the plan, participants, and beneficiaries; and (3) protective of participant and beneficiary rights. Prohibits any such lockdown from taking effect until at least 90 days after written notice (which may include notice by means of electronic communication) is provided by the plan administrator to such participants or beneficiaries.Directs the Secretary to study, and report with recommendations to Congress on, the feasibility of statutory limits on investment of individual account plan assets in stock or other securities issued by the employer.

To amend title I of the Employee Retirement Income Security Act of 1974 to provide additional fiduciary protections for participants and beneficiaries under employee stock ownership plans with respect to lockdowns placed on plan assets.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Liu Xiaobo Legacy of Freedom & Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Liu Xiaobo was China's most prominent advocate for democracy, human rights and freedom and a powerful voice for peaceful political reform. (2) Liu Xiaobo, along with other pro-democracy advocates, sought to raise the Chinese people's awareness of their dignity and rights by publicly calling upon the Chinese Government to govern in accordance with its Constitution and the international human rights agreements it has ratified. (3) Liu Xiaobo, by his long and visionary leadership, has become the symbol of two generations of Chinese reformers--he unites the generation of student who protested at Tiananmen Square in 1989 and, through his role in Charter 08, a new generation of rights advocates, human rights lawyers, and intellectuals. (4) Liu Xiaobo, and so many other advocates for freedom, have suffered official retribution and imprisonment for daring to speak out against a range of human rights abuses across China. In addition, their family members have faced harassment and detention in response to their advocacy efforts, including Liu Xia, who was detained without charges in her home since 2010. (5) In December 2009, a Beijing court sentenced Liu Xiaobo to an eleven-year sentence in a Chinese prison for ``inciting subversion of state power'', in part for his role in Charter 08, a document calling for human rights and political reform in China. (6) In May 2011, the U.N. Working Group on Arbitrary Detention issued an opinion declaring that the Chinese Government's imprisonment of Liu Xiaobo contravened the Universal Declaration of Human Rights. (7) In 2010, many persons from around the world nominated Liu Xiaobo for the Nobel Peace Prize, including the 14th Dalai Lama, Bishop Desmond Tutu, and Vaclav Havel. In awarding the 2010 Nobel Peace Prize for his ``long and non-violent struggle for fundamental human rights in China'', the Norwegian Nobel Committee noted that ``through the severe punishment meted out to him, Liu Xiaobo has become the foremost symbol of the wide- ranging struggle for human rights in China''. He reportedly is the first person since 1935 to win the prize while in prison. (8) Liu Xiaobo died of late stage liver cancer on July 13, 2017. He was the first Nobel Peace Prize laureate to die in state custody since Carl Von Ossietzky, who died after being detained in a Nazi concentration camp. (9) Liu Xiaobo, and all those part of the pro-democracy movement in China, are the conscience of the international community regarding human rights in China and serve as a constant reminder that human rights, democratic transparency, and liberty are critical issues of bilateral relations that, if finally realized in China, will make monumental contributions to world peace and stronger and more prosperous United States- China relations. (10) Awarding Liu Xiaobo the Congressional Gold Medal, and collectively to all those who have stood for freedom and democracy in China despite repression, would not only recognize his contributions to peace, but to global understanding of China and would further inspire millions of Chinese with the ideals of freedom he so heroically articulated. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) In General.-- (1) 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 the Congress, of a gold medal of appropriate design to Liu Xiaobo or his personal representatives and collectively to all those who have peacefully advocated for democracy and human rights in China in recognition of their achievements and for their contributions to the cause of freedom, human rights, and peace in China and globally. (2) Design and striking.--For the purposes of the award referred to in paragraph (1), the Secretary of the Treasury (referred to in this section as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (3) Smithsonian institution.-- (A) In general.--Following the award of the gold medal under paragraph (1), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (B) Sense of congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations-- (i) associated with the research of the Tiananmen Protests of 1989 and their subsequent violent suppression; and (ii) dedicated to preserving the history of the Chinese pro-democracy movement. (b) Duplicate Medals.--The Secretary may strike and sell duplicates in bronze of the gold medals struck pursuant to subsection (a) 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. (c) Status of Medals.-- (1) National medals.--Medals struck pursuant to this section are national medals for purposes of chapter 51 of title 31, United States Code. (2) Numismatic items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this section shall be considered to be numismatic items. SEC. 4. HOLDING ACCOUNTABLE CHINESE OFFICIALS COMPLICIT IN LIU XIAOBO'S IMPRISONMENT. It is the sense of Congress that the United States Government should-- (1) seek the release of political prisoners in China, including seeking the unconditional release of Liu Xia and ensure her freedom of movement; (2) condemn all efforts to censor or intimidate the families of Liu Xiaobo and Liu Xia and censor news and information about Liu Xiaobo and his legacy; (3) identify those officials or individuals involved in the arrest and arbitrary detention of Liu Xiaobo and his wife Liu Xia; (4) identify those officials or individuals complicit in the torture and arbitrary detention of human rights lawyers and rights advocates such as Xie Yang, Li Heping, Li Chunfu, Gao Zhisheng, Chen Guangcheng, Jiang Tianyong, Tang Jingling, Wang Quanzhang, and others peacefully advocating for human rights and legal and political reforms in China and following in the footsteps of Liu Xiaobo; and (5) use the sanctions available under the Global Magnitsky Human Rights Accountability Act (Public Law 114-328; 22 U.S.C. 2656 note) for those officials or individuals identified under paragraph (4) because any official or individual complicit in the torture or arbitrary detention of political prisoners qualifies for the imposition of sanctions under that Act. SEC. 5. PRESERVING THE LEGACY OF LIU XIAOBO. It is the sense of Congress that funds should be authorized to create appropriate fellowship programs and awards in Liu Xiaobo's honor, to preserve his ideas and legacy until the Chinese people are able to do so without censorship or fear, and to advance the universal ideas of freedom, democracy and human rights in China and across the globe.

Preserving Liu Xiaobo Legacy of Freedom & Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to award a Congressional Gold Medal to Liu Xiaobo and collectively to all those who have peacefully advocated for democracy and human rights in China in recognition of their achievements and contributions to freedom, human rights, and peace in China and globally. The bill expresses the sense of Congress that the Smithsonian Institution should make the medal available for display, particularly at locations: (1) associated with the research of the Tiananmen Protests of 1989 and their violent suppression, and (2) dedicated to preserving the history of the Chinese pro-democracy movement.

Preserving Liu Xiaobo Legacy of Freedom & Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cement Sector Regulatory Relief Act of 2011''. SEC. 2. LEGISLATIVE STAY. (a) Establishment of Standards.--In lieu of the rules specified in subsection (b), and notwithstanding the date by which those rules would otherwise be required to be promulgated, the Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator'') shall-- (1) propose regulations for the Portland cement manufacturing industry and Portland cement plants that are subject to any of the rules specified in subsection (b) that-- (A) establish maximum achievable control technology standards, performance standards, and other requirements under sections 112 and 129, as applicable, of the Clean Air Act (42 U.S.C. 7412, 7429); and (B) identify nonhazardous secondary materials that, when used as fuels in combustion units of that industry and those plants, qualify as solid waste under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) for purposes of determining the extent to which the combustion units are required to meet the emission standards under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429); and (2) promulgate final versions of those regulations by not later than-- (A) the date that is 15 months after the date of enactment of this Act; or (B) such later date as may be determined by the Administrator. (b) Stay of Earlier Rules.-- (1) Portland-specific rules.--The final rule entitled ``National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants'' (75 Fed. Reg. 54970 (September 9, 2010)) shall be-- (A) of no force or effect; (B) treated as though the rule had never taken effect; and (C) replaced in accordance with subsection (a). (2) Other rules.-- (A) In general.--The final rules described in subparagraph (B), to the extent that those rules apply to the Portland cement manufacturing industry and Portland cement plants, shall be-- (i) of no force or effect; (ii) treated as though the rules had never taken effect; and (iii) replaced in accordance with subsection (a). (B) Description of rules.--The final rules described in this subparagraph are-- (i) the final rule entitled ``Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units'' (76 Fed. Reg. 15704 (March 21, 2011)); and (ii) the final rule entitled ``Identification of Non-Hazardous Secondary Materials That Are Solid Waste'' (76 Fed. Reg. 15456 (March 21, 2011)). SEC. 3. COMPLIANCE DATES. (a) Establishment of Compliance Dates.--For each regulation promulgated pursuant to section 2(a), the Administrator-- (1) shall establish a date for compliance with standards and requirements under the regulation that is, notwithstanding any other provision of law, not earlier than 5 years after the effective date of the regulation; and (2) in proposing a date for that compliance, shall take into consideration-- (A) the costs of achieving emission reductions; (B) any non-air quality health and environmental impact and energy requirements of the standards and requirements; (C) the feasibility of implementing the standards and requirements, including the time necessary-- (i) to obtain necessary permit approvals; and (ii) to procure, install, and test control equipment; (D) the availability of equipment, suppliers, and labor, given the requirements of the regulation and other proposed or finalized regulations of the Administrator; and (E) potential net employment impacts. (b) New Sources.--The date on which the Administrator proposes a regulation pursuant to section 2(a)(1) establishing an emission standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall be treated as the date on which the Administrator first proposes such a regulation for purposes of applying-- (1) the definition of the term ``new source'' under section 112(a)(4) of that Act (42 U.S.C. 7412(a)(4)); or (2) the definition of the term ``new solid waste incineration unit'' under section 129(g)(2) of that Act (42 U.S.C. 7429(g)(2)). (c) Rule of Construction.--Nothing in this Act restricts or otherwise affects paragraphs (3)(B) and (4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)). SEC. 4. ENERGY RECOVERY AND CONSERVATION. Notwithstanding any other provision of law, and to ensure the recovery and conservation of energy consistent with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), in promulgating regulations under section 2(a) addressing the subject matter of the rules specified in section 2(b)(2), the Administrator shall-- (1) adopt the definitions of the terms ``commercial and industrial solid waste incineration unit'', ``commercial and industrial waste'', and ``contained gaseous material'' in the rule entitled ``Standards for Performance of New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units'' (65 Fed. Reg. 75338 (December 1, 2000)); and (2) identify nonhazardous secondary material to be solid waste (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) only if-- (A) the material meets that definition of commercial and industrial waste; or (B) if the material is a gas, the material meets that definition of contained gaseous material. SEC. 5. OTHER PROVISIONS. (a) Establishment of Standards Achievable in Practice.--In promulgating regulations under section 2(a), the Administrator shall ensure, to the maximum extent practicable, that emission standards for existing and new sources established under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as applicable, can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants covered by regulations applicable to the source category, taking into account-- (1) variability in actual source performance; (2) source design; (3) fuels; (4) inputs; (5) controls; (6) ability to measure the pollutant emissions; and (7) operating conditions. (b) Regulatory Alternatives.--For each regulation promulgated under section 2(a), from among the range of regulatory alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et seq.), including work practice standards under section 112(h) of that Act (42 U.S.C. 7412(h)), the Administrator shall impose the least burdensome, consistent with the purposes of that Act and Executive Order 13563 (76 Fed. Reg. 3821 (January 21, 2011)).

Cement Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) the National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants; and (2) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, and the rule entitled "Identification of Non-Hazardous Secondary Materials that are Solid Waste," to the extent that such rules apply to the Portland cement manufacturing industry and Portland cement plants. Requires the Administrator of the Environmental Protection Agency (EPA), in lieu of such rules, to promulgate within 15 months (or such later date as may be determined by the Administrator) regulations for the Portland cement manufacturing industry and Portland cement plants subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify nonhazardous secondary materials that, when used as fuels in combustion units of that industry and those plants, qualify as solid waste under the Solid Waste Disposal Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act or the Clean Air Act. Requires the Administrator, after considering the costs of achieving emission reductions, non-air quality health and environmental impacts and energy requirements, feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts, to establish dates for compliance with standards and requirements under such regulations no earlier than five years after the effective date of the regulation. Sets forth guidelines for such rules and regulations, including requiring the Administrator to: (1) ensure that emission standards for existing and new sources can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants covered by regulations applicable to the source category, and (2) impose the least burdensome regulatory alternative for each regulation promulgated.

A bill to provide additional time for the Administrator of the Environmental Protection Agency to promulgate achievable standards for cement manufacturing facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Carrier Fuel Cost Equity Act of 2002''. SEC. 2. MANDATORY FUEL SURCHARGE. (a) In General.--Chapter 137 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 13714. Fuel surcharge ``(a) Mandatory Fuel Surcharge.-- ``(1) Establishment of surcharge.--Any contract or agreement providing for truckload transportation or service involving a motor carrier, broker, or freight forwarder subject to jurisdiction under chapter 135 of this title who regularly provides such transportation or service shall include a requirement to assess a payer of transportation charges, and a requirement for the payer of transportation charges to pay, a minimum surcharge for the amount of the increase in the price of fuel used in the transportation provided to such payer commencing when the current price of diesel fuel surpasses, by $0.05 per gallon, the benchmark price set forth in paragraph (2). The surcharge assessed by the motor carrier, broker, or freight forwarder shall be calculated on the basis of mileage or percentage of revenue (whichever basis the motor carrier, broker, or freight forwarder elects) and shall be the amount necessary to compensate the person responsible for paying for fuel for the amount of increase in the cost of fuel. ``(2) Benchmark price.--The benchmark price referred to in paragraph (1) shall be $1.10 per gallon. ``(3) Current fuel price.--The current price of diesel fuel applicable under paragraph (1) to a shipment transported as described in that paragraph shall be the latest weekly average price for retail on-highway diesel fuel published by the Energy Information Administration for the district or subdistrict of the Petroleum Administration for Defense in which the shipment is physically tendered to the motor carrier, broker, or freight forwarder. ``(4) Increase in the cost of fuel.--The increase in the cost of fuel referred to in paragraph (1) and section 13715 of this title shall be an amount determined by subtracting the benchmark price from the current price of diesel fuel. ``(b) Implementation.--The surcharge referred to in subsection (a)(1), with respect to a shipment transported by a motor carrier, broker, or freight forwarder, shall be-- ``(1) calculated on the date the shipment is physically tendered to the motor carrier, broker, or freight forwarder; ``(2) itemized separately on the motor carrier, broker, or freight forwarder's invoices; and ``(3) paid to the motor carrier, broker, or freight forwarder by the payer of transportation charges. ``(c) Calculation of Surcharge on the Basis of Mileage.--For purposes of calculating a surcharge on the basis of mileage under this section-- ``(1) it shall be assumed that a gallon of fuel is used for each 5 miles of transportation; and ``(2) mileage means the number of miles invoiced as determined under the Department of Defense, Military Traffic Management Command's `Defense Table of Official Distances' or mileage guide established pursuant to section 13703(a)(1)(D). ``(d) Limitation on Authority.--Notwithstanding any other provision of this part, neither the Secretary nor the Board shall have regulatory or enforcement authority relating to provisions of this section and section 13715 of this title. The payer of fuel costs or any party to a transportation contract or agreement may bring an action for declaratory and injunctive relief and damages in an appropriate State court or United States district court against any party to a transportation contract or agreement for an act or omission of that party in violation of this section or section 13715 of this title or both. ``Sec. 13715. Negotiated fuel adjustments ``(a) In General.--Nothing in section 13714 of this title shall be construed to abrogate provisions relating to fuel cost adjustments in any transportation contract or agreement in effect on the date of the enactment of the Motor Carrier Fuel Cost Equity Act of 2001 or any renewal of such a contract or agreement thereafter. Nothing in this section or section 13714 or 14102(c) of this title shall be construed to prohibit any motor carrier, broker, or freight forwarder from including any privately negotiated fuel cost adjustment provision in any contract or agreement to provide transportation that is not less than the amount necessary to compensate the person responsible for paying for fuel for the amount of increase in the cost of fuel. ``(b) Continuation of Authority.--Nothing in section 13714 of this title shall impair the ability of any person to enter into any contract or agreement after the date of the enactment of the Motor Carrier Fuel Cost Equity Act of 2001 that provides for a fuel adjustment under this section or section 13714 of this title during any period in which no fuel surcharge is required under section 13714 of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``13714. Fuel surcharge. ``13715. Negotiated fuel adjustments.''. SEC. 3. MANDATORY PASS-THROUGH TO COST BEARER. Section 14102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Mandatory Pass-Through to Cost Bearer.-- ``(1) In general.--A motor carrier, broker, or freight forwarder providing transportation or service using motor vehicles not owned by it and using fuel not paid for by it-- ``(A) shall pass through to the person responsible for paying for fuel any fuel surcharge collected by the motor carrier, broker, or freight forwarder pursuant to section 13714 of this title or provided for in transportation contracts or agreements; ``(B) shall disclose in writing to the equipment lessor and lessee the amount of all freight rates and charges and fuel surcharges applicable to such transportation or service; and ``(C) may not-- ``(i) intentionally reduce compensatory transportation costs (other than the fuel surcharge) to the person responsible for paying for fuel for the purpose of adjusting for or avoiding the pass-through of the fuel surcharge; or ``(ii) intentionally impose a fuel cost adjustment in accordance with section 13715 of this title for the purpose of avoiding any payment under this section or section 13714 of this title. ``(2) Limitation on authority.--Notwithstanding any other provision of this part, neither the Secretary nor the Board shall have regulatory or enforcement authority relating to provisions of this subsection. The payer of fuel costs or any party to a transportation contract or agreement may bring an action for declaratory and injunctive relief and damages in an appropriate State court or United States district court against any party to a transportation contract or agreement for an act or omission of that party in violation of this subsection.''.

Motor Carrier Fuel Cost Equity Act of 2002 - Amends the Federal transportation code to require any contract or agreement for truckload transportation or service regularly provided by a motor carrier, broker, or freight forwarder subject to the Secretary of Transportation and the Surface Transportation Board to include a requirement to assess a payor of transportation charges a minimum surcharge based on mileage or percentage of revenue for fuel used in the transportation provided to such payor. Requires such a surcharge whenever an increase in the price of such fuel surpasses by $0.05 per gallon the benchmark price of $1.10 per gallon. Requires the surcharge to be the amount necessary to compensate the person responsible for paying for fuel for any increase in the price from the fuel price norm.Requires any motor carrier, broker, or freight forwarder providing transportation or service using motor vehicles not owned by it and using fuel not paid for by it to pass any fuel surcharge through, with due notice in writing, to the person responsible for paying for fuel. Prohibits any reduction in compensatory transportation costs (other than the fuel surcharge) to the payor of fuel for the purpose of adjusting for or avoiding the pass through of the fuel surcharge.

A bill to amend title 49, United States Code, to provide a mandatory fuel surcharge for transportation provided by certain motor carriers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mobile Device Privacy Act''. SEC. 2. DISCLOSURES TO CONSUMERS REGARDING MOBILE DEVICE MONITORING SOFTWARE. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate regulations under section 553 of title 5, United States Code, that require-- (1) a person who is in the business of selling mobile devices directly to consumers (including a provider of commercial mobile service or commercial mobile data service who sells mobile devices in connection with contracts to provide service) to disclose the information described in subsection (b) to the consumer at the time of sale of a mobile device on which monitoring software is installed; (2) a provider of commercial mobile service or commercial mobile data service to disclose the information described in subsection (b) to the consumer at the time of entry into a contract to provide service to the consumer on a mobile device-- (A) on which the provider installs monitoring software in connection with such contract; and (B) that the consumer does not purchase from the provider in connection with such contract; (3) a manufacturer of a mobile device or of the operating system software for a mobile device who installs monitoring software on such device, after such device is sold to the consumer, to disclose to the consumer at the time of installing such software the information described in subsection (b); (4) a provider of commercial mobile service or commercial mobile data service who installs monitoring software on a mobile device, after entry into a contract to provide service to the consumer on such device, to disclose to the consumer at the time of installing such software the information described in subsection (b); and (5) a person who operates a website or other online service from which a consumer downloads monitoring software for installation on a mobile device to disclose the information described in subsection (b) to the consumer at the time of the download. (b) Information Described.--The information described in this subsection is the following: (1) The fact that the monitoring software is installed on the mobile device (or, in the case of a disclosure described in subsection (a)(5), the fact that the software that the consumer downloads is monitoring software). (2) The types of information that the monitoring software is capable of collecting and transmitting. (3) The identity of any person to whom any information collected will be transmitted and of any other person with whom such information will be shared. (4) How such information will be used. (5) Procedures by which a consumer who has consented to collection and transmission of information by the monitoring software may exercise the opportunity to prohibit further collection and transmission, as described in section 3(2). (6) Such additional information about the monitoring software as the Federal Trade Commission considers appropriate. (c) Manner of Disclosure.--The regulations promulgated under subsection (a) shall require the following: (1) The disclosures shall be made in a clear and conspicuous manner, to be determined by the Federal Trade Commission. (2) The disclosures shall be displayed in a clear and conspicuous manner on the website of a person required to make such disclosures, except that if such person does not maintain a website, such person shall file such disclosures with the appropriate Commission. (d) Exemptions Permitted.--If the Federal Trade Commission determines that the use of monitoring software for a particular purpose is consistent with the reasonable expectations of consumers, the Federal Trade Commission may include in the regulations promulgated under subsection (a) an exemption from the disclosures required by such regulations with respect to monitoring software that is used only for such purpose (or for another purpose with respect to which the Federal Trade Commission has made a determination under this subsection). SEC. 3. CONSUMER CONSENT TO MONITORING OF MOBILE DEVICE USAGE. Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate regulations under section 553 of title 5, United States Code, that require any person who is subject to the disclosure requirements of the regulations promulgated under section 2(a) to-- (1) obtain the express consent of the consumer prior to the time when the monitoring software first begins collecting and transmitting information; and (2) provide a consumer who has consented to collection and transmission of information by the monitoring software with the opportunity at any time to prohibit further collection and transmission of information by such software. SEC. 4. INFORMATION SECURITY REQUIREMENTS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate regulations under section 553 of title 5, United States Code, that require any person who receives, directly or indirectly, information that is transmitted from monitoring software with respect to which disclosures are required by the regulations promulgated under section 2(a) to establish and implement policies and procedures regarding information security practices for the treatment and protection of such information, taking into consideration-- (1) the size of, and the nature, scope, and complexity of the activities engaged in by, such person; (2) the current state of the art in administrative, technical, and physical safeguards for protecting such information; and (3) the cost of implementing such safeguards. (b) Requirements.--Such regulations shall require the policies and procedures to include the following: (1) A security policy with respect to the collection, use, sale, other dissemination, and maintenance of such information. (2) The identification of an officer or other individual as the point of contact with responsibility for the management of the security of such information. (3) A process for identifying and assessing any reasonably foreseeable vulnerabilities in any system maintained by such person that contains such information, which shall include regular monitoring for a breach of security of such system. (4) A process for taking preventive and corrective action to mitigate against any vulnerabilities identified in the process required by paragraph (3), which may include implementing any changes to security practices and the architecture, installation, or implementation of network or operating software. (5) A process for disposing of such information by shredding, permanently erasing, or otherwise modifying such information to make such information permanently unreadable or undecipherable. (6) A standard method or methods for the destruction of paper documents and other non-electronic data containing such information. (c) Disclosure of Policies and Procedures.--Such regulations shall require the policies and procedures to be displayed in a clear and conspicuous manner on the website of a person required to establish and implement such policies and procedures, except that if such person does not maintain a website, such person shall file such policies and procedures with the appropriate Commission. (d) Treatment of Entities Governed by Other Law.--A person shall be deemed to be in compliance with the regulations promulgated under subsection (a) if such person is in compliance with any other Federal law that requires such person to maintain policies and procedures with respect to information security that, taken as a whole and as the Federal Trade Commission shall determine in the rulemaking required by such subsection, provide protections substantially similar to, or greater than, those provided by the policies and procedures required by the regulations promulgated under such subsection. SEC. 5. FILING OF CERTAIN AGREEMENTS REGARDING INFORMATION RECEIPT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate regulations under section 553 of title 5, United States Code, that require a copy of an agreement described in subsection (b) to be filed with the appropriate Commission. (b) Agreement Described.--An agreement described in this subsection-- (1) is an agreement under which a person receives, directly or indirectly, information that is transmitted from monitoring software with respect to which disclosures are required by the regulations promulgated under section 2(a); and (2) does not include an agreement between such a person and the consumer on whose mobile device such monitoring software is installed. SEC. 6. ENFORCEMENT. (a) By Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of a regulation promulgated under section 2, 3, 4, or 5 shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of federal trade commission.--The Federal Trade Commission shall enforce the regulations promulgated under sections 2, 3, 4, and 5 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act, and any person who violates such regulations shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (b) By Federal Communications Commission.-- (1) Treatment as violation of communications act of 1934.-- A violation of a regulation promulgated under section 2, 3, 4, or 5 by a provider of commercial mobile service or commercial mobile data service or a manufacturer of a mobile device shall be treated as a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.). (2) Powers of federal communications commission.--The Federal Communications Commission shall enforce the regulations promulgated under sections 2, 3, 4, and 5 with respect to providers of commercial mobile service or commercial mobile data service and manufacturers of mobile devices in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 were incorporated into and made a part of this Act, and any such provider or manufacturer who violates such regulations shall be subject to the penalties and entitled to the privileges and immunities provided in the Communications Act of 1934. (c) Division of Responsibilities Between FTC and FCC.-- (1) Regulations.--In promulgating the regulations required by sections 2, 3, 4, and 5, the Federal Trade Commission shall consult with the Federal Communications Commission. (2) Enforcement.--In enforcing such regulations, the Federal Trade Commission and the Federal Communications Commission shall consult with each other. (3) FCC regulations on filings.--The Federal Communications Commission, in consultation with the Federal Trade Commission, may promulgate regulations with respect to the form and manner of any filing that is required to be made with the Federal Communications Commission by a regulation required by section 2, 4, or 5. (d) Actions by States.-- (1) Civil actions.--In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice that violates any regulation promulgated under section 2, 3, 4, or 5, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to-- (A) enjoin that act or practice; (B) enforce compliance with the regulation; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) Notice.--Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the appropriate Commission a written notice of that action and a copy of the complaint for that action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the appropriate Commission immediately upon the filing of the action. (3) Authority of appropriate commission.-- (A) In general.--On receiving notice under paragraph (2) of an action under this subsection, the appropriate Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on state action while federal action is pending.--If the Federal Trade Commission, the Federal Communications Commission, or the Attorney General of the United States has instituted a civil action for violation of a regulation promulgated under section 2, 3, 4, or 5 (referred to in this subparagraph as the ``Federal action''), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation as alleged in that complaint. (4) Rule of construction.--For purposes of bringing a civil action under this subsection, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of that State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (e) Private Right of Action.-- (1) In general.--A person injured by an act in violation of a regulation promulgated under section 2, 3, 4, or 5 may bring in an appropriate State court or an appropriate district court of the United States-- (A) an action to enjoin such violation; (B) an action to recover damages for actual monetary loss from such violation, or to receive up to $1,000 in damages for each such violation, whichever is greater; or (C) both such actions. (2) Willful or knowing violations.--If the court finds that the defendant acted willfully or knowingly in committing a violation described in paragraph (1), the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1)(B). (3) Costs.--The court shall award to a prevailing plaintiff in an action under this subsection the costs of such action and reasonable attorney's fees, as determined by the court. (4) Limitation.--An action may be commenced under this subsection not later than 2 years after the date on which the person first discovered or had a reasonable opportunity to discover the violation. (5) Nonexclusive remedy.--The remedy provided by this subsection shall be in addition to any other remedies available to the person, except that, in the case of a violation or series of related violations by a common carrier subject to title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.), the person may pursue either the remedy provided by this subsection or any remedies provided by such title, but not both. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate commission.--The term ``appropriate Commission'' means either the Federal Trade Commission or the Federal Communications Commission, or both, depending on which Commission has jurisdiction under section 6 with respect to the person and activity involved. (2) Commercial mobile data service.--The term ``commercial mobile data service'' has the meaning given such term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401). (3) Commercial mobile service.--The term ``commercial mobile service'' has the meaning given such term in section 332 of the Communications Act of 1934 (47 U.S.C. 332). (4) Mobile device.--The term ``mobile device'' means a personal electronic device that has the capability of transmitting and receiving voice, video, or data communications by means of commercial mobile service or commercial mobile data service. (5) Monitoring software.--The term ``monitoring software'' means software that has the capability to monitor the usage of a mobile device or the location of the user and to transmit the information collected to another device or system, whether or not such capability is the primary function of the software or the purpose for which the software is marketed.

Mobile Device Privacy Act - Directs the Federal Trade Commission (FTC) to promulgate regulations requiring sellers or manufacturers of mobile devices and software, providers of mobile services, and operators of online services offering downloads of monitoring software for installation on a mobile device to disclose to consumers information about the installation and purpose of such software. Allows exemptions for uses consistent with the reasonable expectations of consumers. Defines "monitoring software" as software with the capability to monitor mobile device usage or the location of the user and to transmit the information collected to another device or system, whether or not such capability is the primary function of the software or the purpose for which it is marketed. Directs the FTC to promulgate regulations requiring: (1) the express consent of a consumer before monitoring software begins collecting and transmitting information and giving the consumer the opportunity to prohibit such collection and transmission at any time; (2) recipients of information transmitted from monitoring software to implement information security practices for the treatment and protection of the information; and (3) the filing with the FTC or the Federal Communications Commission (FCC), as appropriate, of a copy of an agreement under which a person receives the type of information regarding which disclosure is required by this Act. Provides for enforcement by the FTC and FCC of regulations promulgated under this Act under the Federal Trade Commission Act and the Communications Act of 1934, respectively. Allows civil enforcement actions by states and by private persons injured by an act in violation of such regulations.

To require disclosures to consumers regarding the capability of software to monitor mobile device usage, to require the express consent of the consumer prior to monitoring, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Marriage Tax Relief Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to a 1999 Department of the Treasury study, of the 51,400,000 joint returns filed in 1999, approximately-- (A) 48 percent will incur a marriage tax penalty, (B) 41 percent will incur a marriage tax bonus, and (C) 11 percent will generally be unaffected. (2) The average marriage tax penalty in 1999 will reach $1,141 per couple, according to the Department of the Treasury study. (3) At least 66 provisions in the existing tax code treat married couples differently from single filers, according to the American Institute of Certified Public Accountants. (4) Married working women, on average, earn approximately 60 percent of their husband's salary, according to the Bureau of the Census. The wage gap between women and men is 73 percent for Caucasian women, 63 percent for African-American women, and 53 percent for Hispanic women, according to the National Committee on Pay Equity. (5) Approximately 40 percent of married mothers in the United States stay at home to raise their young children full time while almost no fathers do, according to the Bureau of the Census. (6) Although the United States tax code is neutral, it is biased against secondary earners, who are overwhelmingly women. (7) Because of the progressive marginal rates in the tax code, one spouse earning $25,000 per year would be taxed entirely at the 15 percent rate; but if the other spouse also earns $25,000, a portion of the other spouse's income would be taxed at the 28 percent rate. (8) Regardless of marital status, once an individual's reported income level reaches beyond the earned income tax credit threshold, she or he automatically loses this benefit. As a result, newly married couples struggling to escape poverty suddenly lose this vital tax benefit simply because they are no longer single. SEC. 3. MARRIAGE PENALTY RELIEF. (a) Standard Deduction.-- (1) In general.--Paragraph (2) of section 63(c) of the Internal Revenue Code of 1986 (relating to standard deduction) is amended-- (A) by striking ``$5,000'' in subparagraph (A) and inserting ``twice the dollar amount in effect under subparagraph (C) for the taxable year'', (B) by adding ``or'' at the end of subparagraph (B), (C) by striking ``in the case of'' and all that follows in subparagraph (C) and inserting ``in any other case.'', and (D) by striking subparagraph (D). (2) Increase allowed as deduction in determining minimum tax.--Subparagraph (E) of section 56(b)(1) of such Code is amended by adding at the end the following new sentence: ``The preceding sentence shall not apply to so much of the standard deduction under subparagraph (A) of section 63(c)(2) as exceeds the amount which would be such deduction but for the amendment made by section 2(a)(1) of the Penalty Relief From Marriage Tax Act of 2000.'' (3) Technical amendments.-- (A) Subparagraph (B) of section 1(f)(6) of such Code is amended by striking ``(other than with'' and all that follows through ``shall be applied'' and inserting ``(other than with respect to sections 63(c)(4) and 151(d)(4)(A)) shall be applied''. (B) Paragraph (4) of section 63(c) of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to the amount referred to in paragraph (2)(A).'' (b) Earned Income Credit.-- (1) In general.--Subsection (a) of section 32 of such Code (relating to credit for earned income) is amended by adding at the end the following new paragraph: ``(3) Reduction of marriage penalty.-- ``(A) In general.--In the case of a joint return, the phaseout amount under this section shall be such amount (determined without regard to this paragraph) increased by $2,500 ($2,000 in the case of taxable years beginning during 2001). ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2002, the $2,500 amount contained in subparagraph (A) shall be increased by an amount equal to the product of-- ``(i) such dollar amount, and ``(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 2001' for `calendar year 1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.'' (2) Repeal of reduction of refundable tax credits.-- (A) Subsection (d) of section 24 of such Code is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (B) Section 32 of such Code is amended by striking subsection (h). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. TAX REDUCTIONS CONTINGENT ON SOCIAL SECURITY AND MEDICARE SOLVENCY CERTIFICATIONS. (a) In General.--Notwithstanding any other provision of this Act, no provision of this Act (or amendment made thereby) shall take effect until there is-- (1) a social security certification, (2) a medicare certification, and (3) a public debt elimination certification. (b) Definitions.--For purposes of this subsection-- (1) Social security solvency certification.--The term ``social security solvency certification'' means a certification by the Board of Trustees of the Social Security Trust Funds that the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are in actuarial balance until the year 2050. (2) Medicare solvency certification.--The term ``medicare solvency certification'' means a certification by the Board of Trustees of the Federal Hospital Insurance Trust Fund that such Trust Fund is in actuarial balance until the year 2030. (3) Public debt elimination certification.--There is a public debt elimination certification if the Director of the Office of Management and Budget certifies that, taking into account the tax reductions made by this Act and other legislation enacted during calendar year 2000, the national debt held by the public is projected to be eliminated by the year 2013.

Prohibits any provision of this Act taking effect until there is: (1) a social security certification; (2) a medicare certification; and (3) a public debt elimination certification.

Common Sense Marriage Tax Relief Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caring for Wounded Warriors Act of 2008''. SEC. 2. PILOT PROGRAMS ON TRAINING AND CERTIFICATION FOR FAMILY CAREGIVER PERSONAL CARE ATTENDANTS FOR VETERANS AND MEMBERS OF THE ARMED FORCES WITH TRAUMATIC BRAIN INJURY. (a) Pilot Programs Authorized.--The Secretary of Veterans Affairs shall, in collaboration with the Secretary of Defense, carry out up to three pilot programs to assess the feasibility and advisability of providing training and certification for family caregivers of veterans and members of the Armed Forces with traumatic brain injury as personal care attendants of such veterans and members. (b) Locations.--Each pilot program under this section shall be carried out in a medical facility of the Department of Veterans Affairs. In selecting the locations of the pilot programs, the Secretary shall give special emphasis to the polytrauma centers of the Department of Veterans Affairs designated as Tier I polytrauma centers. (c) Training Curricula.-- (1) In general.--The Secretary of Veterans Affairs shall develop curricula for the training of personal care attendants under the pilot programs under this section. Such curricula shall incorporate-- (A) applicable standards and protocols utilized by certification programs of national brain injury care specialist organizations; and (B) best practices recognized by caregiving organizations. (2) Use of existing curricula.--In developing the curricula required by paragraph (1), the Secretary of Veterans Affairs shall, to the extent practicable, utilize and expand upon training curricula developed pursuant to section 744(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308). (d) Participation in Programs.-- (1) In general.--The Secretary of Veterans Affairs shall determine the eligibility of a family member of a veteran or member of the Armed Forces for participation in the pilot programs under this section. (2) Basis for determination.--A determination made under paragraph (1) shall be based on the needs of the veteran or member of the Armed Forces concerned, as determined by the physician of such veteran or member. (e) Eligibility for Compensation.--A family caregiver of a veteran or member of the Armed Forces who receives certification as a personal care attendant under the pilot programs under this section shall be eligible for compensation from the Department of Veterans Affairs for care provided to such veteran or member. (f) Costs of Training.-- (1) Training of families of veterans.--Any costs of training provided under the pilot programs under this section for family members of veterans shall be borne by the Secretary of Veterans Affairs. (2) Training of families of members of the armed forces.-- The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for any costs of training provided under the pilot programs for family members of members of the Armed Forces. Amounts for such reimbursement shall be derived from amounts available for Defense Health Program for the TRICARE program. (g) Assessment of Family Caregiver Needs.-- (1) In general.--The Secretary of Veterans Affairs may provide to a family caregiver who receives training under a pilot program under this section-- (A) an assessment of their needs with respect to their role as a family caregiver; and (B) a referral to services and support that-- (i) are relevant to any needs identified in such assessment; and (ii) are provided in the community where the family caregiver resides, including such services and support provided by community- based organizations, publicly-funded programs, and the Department of Veterans Affairs. (2) Use of existing tools.--In developing and administering an assessment under paragraph (1), the Secretary shall, to the extent practicable, use and expand upon caregiver assessment tools already developed and in use by the Department. (h) Construction.--Nothing in this section shall be construed to require or permit the Secretary of Veterans Affairs to deny-- (1) reimbursement for health care services provided to a veteran with a brain injury to a personal care attendant who is not a family member of such veteran; or (2) access to other services and benefits otherwise available to veterans with a brain injury. SEC. 3. PILOT PROGRAM ON PROVISION OF RESPITE CARE TO MEMBERS OF THE ARMED FORCES AND VETERANS WITH TRAUMATIC BRAIN INJURY BY STUDENTS IN GRADUATE PROGRAMS OF EDUCATION RELATED TO MENTAL HEALTH OR REHABILITATION. (a) Pilot Program Authorized.--The Secretary of Veterans Affairs shall, in collaboration with the Secretary of Defense, carry out a pilot program to assess the feasibility and advisability of providing respite care to members of the Armed Forces and veterans described in subsection (b) through students enrolled in graduate programs of education described in subsection (c)(1) to provide-- (1) relief to the family caregivers of such members and veterans from the responsibilities associated with providing care to such members and veterans; and (2) socialization and cognitive skill development to such members and veterans. (b) Covered Members and Veterans.--The members of the Armed Forces and veterans described in this subsection are the individuals as follows: (1) Members of the Armed Forces who have been diagnosed with traumatic brain injury, including limitations of ambulatory mobility, cognition, and verbal abilities. (2) Veterans who have been so diagnosed. (c) Program Locations.-- (1) In general.--The pilot program shall be carried out at not more than 10 locations selected by the Secretary of Veterans Affairs for purposes of the pilot program. Each location so selected shall be a medical facility of the Department of Veterans Affairs that is in close proximity to, or that has a relationship, affiliation, or established partnership with, an institution of higher education that has a graduate program in an appropriate mental health or rehabilitation related field, such as social work, nursing, psychology, occupational therapy, physical therapy, or interdisciplinary training programs. (2) Considerations.--In selecting medical facilities of the Department for the pilot program, the Secretary shall give special consideration to the following: (A) The polytrauma centers of the Department designated as Tier I polytrauma centers. (B) Facilities of the Department in regions with a high concentration of veterans with traumatic brain injury. (d) Scope of Assistance.-- (1) Use of graduate students.--In carrying out the pilot program, the Secretary shall-- (A) recruit students enrolled in a graduate program of education selected by the Secretary under subsection (c)(1) to provide respite care to the members of the Armed Forces and veterans described in subsection (b); (B) train such students to provide respite care to such members and veterans; and (C) match such students with such members and veterans in the student's local area for the provision of individualized respite care to such members and veterans. (2) Reports.--Each student participating in the pilot program shall submit to the physician of the member of the Armed Forces or the veteran to whom such graduate is providing respite care under the pilot program a report setting forth the status of the member or veteran under such care in such manner and in such frequency as the Secretary may require. (3) Coursework credit.--A student that participates in the pilot program and meets the requirements for successful participation established under paragraph (4) and the requirements of paragraph (2), may receive an appropriate amount of coursework credit for such participation as determined by the head of the student's graduate program of education chosen to participate in the pilot program under subsection (c)(1) in consultation with the Secretary. (4) Determinations in conjunction with heads of graduate programs of education.--The Secretary shall determine, in collaboration with the head of the graduate program of education chosen to participate in the pilot program under subsection (c)(1), the following: (A) The amount of training that a student shall complete before providing respite care under the pilot program. (B) The number of hours of respite care to be provided by the students who participate in the pilot program. (C) The requirements for successful participation by a student in the pilot program. (e) Training Standards and Best Practices.--In providing training under subsection (d)(1)(B), the Secretary shall use-- (1) applicable standards and protocols used by certification programs of national brain injury care specialist organizations in the provision of respite care training; and (2) best practices recognized by caregiving organizations. SEC. 4. DEFINITIONS. In this Act: (1) Family caregiver.--With respect to member of the Armed Forces or a veteran with traumatic brain injury, the term ``family caregiver'' means a relative, partner, or friend of such member or veteran who is providing care to such member or veteran for such traumatic brain injury. (2) Respite care.--The term ``respite care'' means the temporary provision of care to an individual to provide relief to the regular caregiver of the individual from the ongoing responsibility of providing care to such individual.

Caring for Wounded Warriors Act of 2008 - Directs the Secretary of Veterans Affairs to carry out up to three pilot programs to assess the feasibility and advisability of providing training and certification for family caregivers of veterans and members of the Armed Forces with traumatic brain injury (TBI). Requires each pilot program to be carried out in a medical facility of the Department of Veterans Affairs (VA). Requires the Secretary to develop curricula for the training of such caregivers as personal care attendants. Makes a family caregiver who receives certification as a personal care attendant eligible for compensation from the VA for the care provided. Directs the Secretary to carry out a pilot program to assess the feasibility and advisability of providing respite care to members and veterans who have been diagnosed with TBI through students enrolled in graduate programs in mental health or rehabilitation-related fields. Requires such students to provide: (1) relief to the family caregivers; and (2) socialization and cognitive skill development to the members and veterans. Allows such students to receive coursework credit for such participation.

A bill to require pilot programs on training and certification for family caregiver personal care attendants for veterans and members of the Armed Forces with traumatic brain injury, to require a pilot program on provision of respite care to such veterans and members, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Classrooms Act''. SEC. 2. PURPOSE. The purpose of this Act is to support local educational agencies by awarding grants for-- (1) the implementation of specific measures, as selected by local educational agencies from a local accountability menu, that have been proven to increase the quality of education; and (2) the conduct of other activities that local educational agencies demonstrate will provide enhanced individual instruction for the students served by the agencies. SEC. 3. DEFINITIONS. In this Act: (1) Local educational agency.--The term ``local educational agency'' has the same meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. GRANT PROGRAMS. (a) Local Accountability Menu Grants.-- (1) Program authorized.--The Secretary shall award grants to local educational agencies to be used for the activities described in paragraph (3). (2) Application.-- (A) In general.--A local educational agency desiring 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 may reasonably require. (B) Contents.--Each application submitted under subparagraph (A) shall include-- (i) a description of the local educational agency's plan of activities for which grant funds under this subsection are sought; (ii) a detailed budget of anticipated grant fund expenditures; (iii) a detailed description of the methodology that the local educational agency will use to evaluate the effectiveness of grants received by such agency under this subsection; and (iv) such assurances as the Secretary determines to be essential to ensure compliance with the requirements of this Act. (3) Authorized activities.--Grant funds awarded under this subsection may be used for one or more of the following measures, collectively established as the local accountability menu: (A) Reduction of student-teacher ratios through the hiring of new classroom teachers. (B) School construction assistance for the purpose of relieving overcrowded classrooms and reducing the use of portable classrooms. (C) Hiring of additional experienced teachers who specialize in teaching core subjects such as reading, math, and science, and who will provide increased individualized instruction to students served by the local educational agency. (D) Alternative programs for the education and discipline of chronically violent and disruptive students. (E) Assistance to facilitate the local educational agency's establishment of a year-round school schedule that will allow the agency to increase pay for veteran teachers and reduce the agency's need to hire additional teachers or construct new facilities. (4) Administrative cap.--A local educational agency that receives a grant under this subsection shall not use more than 3 percent of the funds received for administrative expenses. (b) Innovation Grants.-- (1) Program authorized.--The Secretary shall reserve 10 percent of the amount made available to carry out this Act in each fiscal year to award grants, on a competitive basis, to local educational agencies for the local educational agencies to carry out the activities described in paragraph (3). (2) Application.-- (A) In general.--A local educational agency desiring 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 may reasonably require. (B) Contents.--Each application submitted under subparagraph (A) shall include-- (i) a description of the local educational agency's plan of activities for which grant funds under this subsection are sought; (ii) a detailed budget of anticipated grant fund expenditures; (iii) a detailed description of the methodology that the local educational agency will use to evaluate the effectiveness of grants received by such agency under this subsection; and (iv) such assurances as the Secretary determines to be essential to ensure compliance with the requirements of this Act. (3) Authorized activities.--Each local educational agency receiving a grant under this subsection shall use the amounts received under the grant for one or more activities that the local educational agency sufficiently demonstrates, as determined by the Secretary, will provide enhanced individual instruction for students served by the agency, but that are not part of the local accountability menu described in subsection (a)(3). (4) Limitation.--No funds awarded under this subsection shall be used for tuition payments for students at private schools or for public school choice programs. (5) Administrative cap.--A local educational agency that receives a grant under this subsection shall not use more than 3 percent of the funds received for administrative expenses. SEC. 5. ALLOCATION. (a) Administrative Cap.--The Secretary shall expend not more than 0.25 percent of the funds made available to carry out this Act on administrative costs. (b) Funding to Indian Tribes.--From the amount made available to carry out this Act for any fiscal year, the Secretary shall reserve 0.75 percent to awards grants to Indian tribes to carry out the purposes of this Act. (c) Formula.--From the amount made available to carry out this Act for any fiscal year, and remaining after the reservations under subsections (a) and (b) and under section 4(b)(1), the Secretary shall distribute such remaining amounts among the local education agencies as follows: (1) 80 percent of such amount shall be allocated among such eligible, local educational agencies in proportion to the number of children, aged 5 to 17, who reside in the school district served by such local educational agency from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved for the most recent fiscal year for which satisfactory data are available as compared to the number of such children who reside in the school districts served by all eligible, local educational agencies for the fiscal year involved. (2) 20 percent of such amount shall be allocated among such eligible local educational agencies in proportion to the relative enrollments of children, aged 5 to 17, in public and private nonprofit elementary and secondary schools within the boundaries of such agencies. (d) Limitation on Carryover.--Not more than 20 percent of the funds allocated to a local educational agency for any fiscal year under this Act may remain available for obligation by such agency for 1 additional fiscal year. SEC. 6. SANCTIONS. If the Secretary determines that the local educational agency has used funds in violation of the provisions of this Act or the regulations promulgated by the Secretary pursuant to section 8, the Secretary may impose an appropriate sanction that may include reimbursement or ineligibility for additional funds for a period of years, depending upon the severity of the misuse of funds. SEC. 7. REPORT AND DOCUMENTATION. (a) Report to the Secretary.--At such time as the Secretary deems appropriate, and not less than once each year thereafter, each recipient of a grant under this Act shall submit to the Secretary a report that includes, for the year to which the report relates-- (1) a description of how the funds made available under this Act were expended in correlation with the plan and budget submitted under sections 4(a)(2) and 4(b)(2), as applicable; and (2) an evaluation of the effectiveness of the grant received under this Act, as required by sections 4(a)(2)(B) and 4(b)(2)(B), as applicable. (b) Documents and Information.--Each recipient of a grant under this Act shall provide the Secretary with all documents and information that the Secretary reasonably determines to be necessary to conduct an evaluation of the effectiveness of programs funded under this Act. SEC. 8. REGULATORY AUTHORITY. The Secretary shall issue such regulations and guidelines as may be necessary to carry out this Act. SEC. 9. NOTICE. Not later than 30 days after the date of enactment of this Act, the Secretary shall provide specific notification concerning the availability of grants authorized by this Act to each local educational agency. SEC. 10. ANTIDISCRIMINATION. Nothing in this Act shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color, ethnicity, national origin, gender, age, or disability, or to modify or affect any right to enforcement of this Act that may exist under other Federal laws, except as expressly provided by this Act. SEC. 11. MAINTENANCE OF EFFORT. Funds made available under this Act shall be used to supplement, not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this Act. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $50,000,000,000 for the 10-fiscal year period beginning on October 1, 2002.

Quality Classrooms Act - Directs the Secretary of Education to award grants to local educational agencies (LEAs) for one or more of the following measures, collectively established as the local accountability menu: (1) reduction of student-teacher ratios through hiring new classroom teachers; (2) school construction assistance to relieve overcrowded classrooms and reduce the use of portable classrooms; (3) hiring of additional experienced teachers who specialize in core subjects to provide increased individualized instruction; (4) alternative programs to educate and discipline chronically violent and disruptive students; and (5) assistance to help the LEA to establish a year-round school schedule that will allow increased pay for veteran teachers and reduce the need to hire additional teachers or construct new facilities.Provides for reservation of funds for Indian tribes. Requires allocation of grant funds to eligible LEAs as follows: (1) 80 percent in proportion to the number of children from families with incomes below the poverty line in the school district served; and (2) 20 percent in proportion to relative enrollments in public and private schools within LEA boundaries. Authorizes the Secretary to impose sanctions on violators of this Act or regulations under it, including reimbursement or ineligibility for additional funds for a period of years, depending on the severity of the misuse of funds.

A bill to assist local educational agencies by providing grants for proven measures for increasing the quality of education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chattahoochee-Oconee National Forest Land Adjustment Act of 2014''. SEC. 2. FINDINGS AND DEFINITION. (a) Findings.--Congress finds that-- (1) certain National Forest System land in the State of Georgia consists of isolated tracts that are inefficient to manage or have lost their principal value for National Forest purposes; (2) the disposal of that land would be in the public interest; and (3) proceeds from the sale of land authorized by this Act would be used best by the Forest Service to purchase land for National Forest purposes in the State of Georgia. (b) Definition of Secretary.--In this Act, the term ``Secretary'' means the Secretary of Agriculture. SEC. 3. LAND CONVEYANCE AUTHORITY. (a) In General.--The Secretary is authorized, under such terms and conditions as the Secretary may prescribe to sell or exchange any or all rights, title, and interest of the United States in the National Forest System land described in subsection (b). (b) Land Authorized for Disposal.-- (1) In general.--The National Forest System land subject to sale or exchange under this Act are 30 tracts of land totaling approximately 3,841 acres, which are generally depicted on 2 maps entitled ``Priority Land Adjustments, State of Georgia, U.S. Forest Service-Southern Region, Oconee and Chattahoochee National Forests, U.S. Congressional Districts-8, 9, 10 & 14'' and dated September 24, 2013. (2) Maps.--The maps described in paragraph (1) shall be on file and available for public inspection in the Office of the Forest Supervisor, Chattahoochee-Oconee National Forest, until such time as the land is sold or exchanged. (3) Modification of boundaries.--The Secretary may modify the boundaries of the land described in paragraph (1) based on land management considerations. (c) Form of Conveyance.-- (1) Quitclaim deed.--The Secretary shall convey land sold under this Act by quitclaim deed. (2) Reservations.--The Secretary may reserve any rights-of- way or other rights or interests in land sold or exchanged under this Act that the Secretary considers necessary for management purposes or to protect the public interest. (d) Valuation.-- (1) Market value.--The Secretary may not sell or exchange land under this Act for less than market value, as determined by appraisal or through competitive bid. (2) Appraisal requirements.--Any appraisal shall be-- (A) consistent with the Uniform Appraisal Standards for Federal Land Acquisitions or the Uniform Standards of Professional Appraisal Practice; and (B) subject to the approval of the Secretary. (e) Consideration.-- (1) Cash.--Consideration for a sale of land or equalization of an exchange shall be paid in cash. (2) Exchange.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land exchanged. (f) Method of Sale.-- (1) Options.--The Secretary may sell land under subsection (a) at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines are in the best interest of the United States. (2) Solicitations.--The Secretary may-- (A) make public or private solicitations for the sale or exchange of land authorized by this Act; and (B) reject any offer that the Secretary determines is not adequate or not in the public interest. (g) Brokers.--The Secretary may-- (1) use brokers or other third parties in the disposition of the land authorized by this Act; and (2) from the proceeds of a sale, pay reasonable commissions or fees. SEC. 4. TREATMENT OF PROCEEDS. (a) Deposit.--The Secretary shall deposit the proceeds of a sale authorized by this Act in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (b) Availability.--Subject to subsection (c), amounts deposited under subsection (a) shall be available to the Secretary until expended, without further appropriation, for the acquisition of land for National Forest purposes in the State of Georgia. (c) Private Property Protection.--Nothing in this Act authorizes the use of funds deposited under subsection (a) to be used to acquire land without the written consent of the owner of the land.

Chattahoochee-Oconee National Forest Land Adjustment Act of 2014 - Authorizes the Department of Agriculture (USDA) to sell or exchange any or all interest of the United States in 30 tracts of National Forest System land in Georgia totaling approximately 3,841 acres. Authorizes USDA to reserve any rights-of-way or other rights or interests in land sold or exchanged under this Act that is considered necessary for management purposes or to protect the public interest. Prohibits USDA from selling or exchanging land under this Act for less than market value, as determined by an appraisal or through a competitive bid. Requires proceeds to be used for the acquisition of land for national forest purposes in Georgia.

Chattahoochee-Oconee National Forest Land Adjustment Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dry Cask Storage Act of 2014''. SEC. 2. EMERGENCY PLANNING ZONES; DRY CASK STORAGE OF SPENT NUCLEAR FUEL. (a) In General.--Title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121 et seq.) is amended by adding at the end the following: ``Subtitle I--Emergency Planning Zones; Dry Cask Storage of Spent Nuclear Fuel ``SEC. 185. DEFINITIONS. ``In this subtitle: ``(1) Emergency planning zone.--The term `emergency planning zone' means the emergency planning zone that is delineated with respect to the plume exposure pathway (as defined in section 350.2 of title 44, Code of Federal Regulations (or any successor regulation)) of a civilian nuclear power reactor. ``(2) Licensee.--The term `licensee' has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or any successor regulation). ``(3) Spent nuclear fuel dry cask.--The term `spent nuclear fuel dry cask' means a container (including any components and systems associated with the container) in which spent nuclear fuel is stored at an independent spent fuel storage facility-- ``(A) that is-- ``(i) licensed by the Commission; and ``(ii) located at a civilian nuclear power reactor site; and ``(B) the design of which-- ``(i) includes a realistic security, seismic, and flooding design basis, as determined by the Commission; and ``(ii) is approved by the Commission. ``SEC. 186. PLAN FOR DRY CASK STORAGE OF SPENT NUCLEAR FUEL. ``(a) In General.--Not later than 180 days after the date of enactment of this section, each licensee shall submit to the Commission a plan that provides for-- ``(1) by the deadline specified in subsection (b), the transfer to spent nuclear fuel dry casks of any spent nuclear fuel that is-- ``(A) stored by the licensee in spent nuclear fuel pools; and ``(B) qualified to be placed in spent nuclear fuel dry casks, in accordance with subsection (d); ``(2) on completion of the transfer under paragraph (1), the additional transfer, on an ongoing basis, of any additional spent nuclear fuel that is stored by the licensee in spent nuclear fuel pools and that, after the date of the transfer under paragraph (1), is determined to be qualified to be placed in spent nuclear fuel dry casks, in accordance with subsection (d), subject to the requirement that each additional transfer shall be completed by the date that is 1 year after the date on which the applicable spent nuclear fuel is determined to be qualified to be placed in spent nuclear fuel dry casks, in accordance with that subsection; and ``(3) the configuration of the remaining spent nuclear fuel in the spent nuclear fuel pool in a manner that minimizes the chance of a fire if there is a loss of water in the spent nuclear fuel pool. ``(b) Deadline for Transfer.--The deadline for transfer referred to in subsection (a)(1) is not later than the date that is 7 years after the date of submission of the plan. ``(c) Approval or Disapproval by Commission.-- ``(1) In general.--Not later than 90 days after the date on which a plan is submitted under subsection (a), the Commission shall approve or disapprove the plan. ``(2) Action following disapproval.--If the Commission disapproves a plan under paragraph (1), the Commission shall-- ``(A) advise the licensee in writing of the reasons for the disapproval; ``(B) make recommendations for revisions to the plan, which shall be submitted to the Commission by the date that is 30 days after the date on which the Commission provides notice of the disapproval under subparagraph (A); and ``(C) not later than 30 days after the date of receipt of a revised plan under subparagraph (B), approve or disapprove the revised plan. ``(d) Qualification for Placement in Spent Nuclear Fuel Dry Casks.-- ``(1) In general.--Except as provided in paragraph (2), spent nuclear fuel shall be considered to be qualified to be placed in spent nuclear fuel dry casks under this section if the spent nuclear fuel has been stored in spent nuclear fuel pools for a period of at least 7 years. ``(2) Exception.--Notwithstanding paragraph (1), spent nuclear fuel shall not be considered to be qualified to be placed in spent nuclear fuel dry casks under this section if there does not exist an approved spent nuclear fuel dry cask in which the spent nuclear fuel may be placed. ``(e) Grants.-- ``(1) In general.--Subject to paragraph (3), the Commission may provide to any licensee that has a plan approved under subsection (c) a grant to assist in the cost of transferring spent nuclear fuel to spent nuclear fuel dry casks under the approved plan. ``(2) Preference.--In providing grants under paragraph (1), the Commission shall give preference to funding the implementation of approved plans-- ``(A) at civilian nuclear power reactors at which the spent nuclear fuel pools are close to being filled to capacity; ``(B) that are supported by the State or unit of local government in which the civilian nuclear power reactor is located; and ``(C) at civilian nuclear power reactors that have permanently ceased operations. ``(3) Limitation.--No grants may be provided under paragraph (1) to a licensee that the Commission determines is not in compliance with the approved plan, in accordance with subsection (f). ``(f) Biennial Review.--Beginning on the date that is 2 years after the date on which a plan is approved under subsection (c) and every 2 years thereafter, the Commission shall conduct a review to determine whether the licensee is in compliance with the approved plan. ``SEC. 187. EXPANSION AND APPLICABILITY OF EMERGENCY PLANNING ZONE. ``(a) In General.--The emergency planning zone that is applicable to each civilian nuclear power reactor shall be at least 10 miles in radius until the date on which all spent nuclear fuel at the civilian nuclear power reactor has been transferred to spent nuclear fuel dry casks. ``(b) Expansion of Emergency Planning Zone.-- ``(1) In general.--Except as provided in paragraph (2) and subject to paragraph (3), by the date that is 18 months after the date of enactment of this section, the Commission shall expand the emergency planning zone that is applicable to each civilian nuclear power reactor to 50 miles in radius. ``(2) Exception.--Paragraph (1) shall not apply to any civilian nuclear power reactor that is in compliance with a plan approved by the Commission under section 186(c), as determined by the Commission under section 186(f). ``(3) Payment of costs.--The licensee shall be responsible for all costs associated with the expansion of the applicable emergency planning zone under paragraph (1).''. (b) Use of Interest.--Section 302(e) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)) is amended by adding at the end the following: ``(7) Use of interest.--Annually, the Secretary of the Treasury shall transfer to the Commission an amount equal to at least 10 percent of the amount of interest generated during the preceding fiscal year under paragraph (3) for use, without further appropriation or fiscal year limitation, to pay the costs of carrying out section 186(e).''.

Dry Cask Storage Act of 2014 - Amends the Nuclear Waste Policy Act of 1982 to require each licensee of the Nuclear Regulatory Commission (NRC) to submit a plan for: (1) transfer (including on-going additional transfers) to spent nuclear fuel dry casks of any spent nuclear fuel stored by the licensee for at least seven years in spent nuclear fuel pools, and (2) configuration of the remaining spent nuclear fuel in the pool in a manner that minimizes the chance of a fire if there is a loss of water in the pool. Requires the NRC to approve or disapprove the plan within 90 days after its submission. Authorizes the NRC to make a grant to any licensee with an approved plan to assist in the cost of transferring spent nuclear fuel to dry casks under the plan. Requires the emergency planning zone applicable to each civilian nuclear power reactor to be at least 10 miles in radius until all spent nuclear fuel at the reactor has been transferred to dry casks. Directs the NRC to expand to 50 miles in radius the emergency planning zone applicable to each reactor not in compliance with an approved plan. Makes the licensee responsible for all coasts associated with expansion. Requires the Secretary of the Treasury to transfer annually to the NRC, to pay the costs of the grants program, 10% of the interest generated during the preceding fiscal year from investments of the Nuclear Waste Fund.

Dry Cask Storage Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deepwater Offshore Wind Incentive Act''. SEC. 2. CREDIT FOR PRODUCTION OF ENERGY FROM DEEP WATER OFFSHORE WIND. (a) Production Credit.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45R. CREDIT FOR PRODUCTION FOR DEEP WATER OFFSHORE WIND. ``(a) General Rule.--For purposes of section 38, the deep water offshore wind production credit of any taxpayer for any taxable year is equal to the product of-- ``(1) 3.04 cents, multiplied by ``(2) the kilowatt hours of electricity-- ``(A) produced by the taxpayer at a deep water offshore wind facility during the 10-year period beginning on the date the facility was originally placed in service, and ``(B) sold by the taxpayer to an unrelated person during the taxable year. ``(b) National Limitation.-- ``(1) In general.--The amount of credit which would (but for this subsection) be allowed with respect to any facility for any taxable year shall not exceed the amount which bears the same ratio to such amount of credit as-- ``(A) the national megawatt capacity limitation allocated to the facility, bears to ``(B) the total megawatt nameplate capacity of such facility. ``(2) Amount of national limitation.--The aggregate amount of national megawatt capacity limitation allocated by the Secretary under paragraph (3) shall not exceed 6,000 megawatts. ``(3) Allocation of limitation.--The Secretary shall allocate the national megawatt capacity limitation in the following manner: ``(A) The Secretary shall allocate the first 5,000 megawatts of the national megawatt capacity limitation to facilities by giving priority to facilities which will be placed in service at the earliest date. ``(B) The Secretary shall allocate the remaining megawatts of the national megawatt capacity limitation by taking into account the technology of the facility. ``(4) Regulations.--Not later than 6 months after the date of the enactment of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection. Such regulations shall provide a certification process under which the Secretary, after consultation with the Secretary of Energy, shall approve and allocate the national megawatt capacity limitation. ``(c) Deep Water Offshore Wind Facility.--For purposes of this section-- ``(1) In general.--The term `deep water offshore wind facility' means any facility which-- ``(A) is owned by the taxpayer, ``(B) uses wind to produce electricity, ``(C) operates in 60 meters or more of water, ``(D) is located within the internal or territorial waters of the United States, and ``(E) is placed in service after the date of the enactment of this section and before January 1, 2030. ``(2) Exceptions.--Such term shall not include any facility if-- ``(A) a credit has been allowed to such facility under section 45 for such taxable year or any prior taxable year, ``(B) a credit has been allowed with respect to such facility under section 46 by reason of section 48(a) for such taxable or any preceding taxable year, or ``(C) a grant has been made with respect to such facility under section 1603 of the American Recovery and Reinvestment Act of 2009. ``(d) Other Rules to Apply.--Rules similar to the rules of paragraphs (1), (3), (4), and (5) of section 45(e) shall apply for purposes of this section. ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any calendar year after 2010, the 3.04 cent amount in subsection (a)(1) shall be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. If any amount as increased under the preceding sentence is not a multiple of 0.01 cent, such amount shall be rounded to the nearest multiple of 0.01 cent. ``(2) Inflation adjustment factor.--For purposes of paragraph (1), the term `inflation adjustment factor' has the meaning given such term under section 45(e)(2)(B), except that `calendar year 2010' shall be substituted for `calendar year 1992'.''. (2) Credit made part of general business credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``plus'' at the end of paragraph (34), (B) by striking the period at the end of paragraph (35) and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(36) the deep water offshore wind production credit determined under section 45R(a).''. (3) Coordination with other benefits.-- (A) Section 45 production credit.--Section 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Coordination with deep water offshore wind credit.-- No credit shall be allowed under subsection (a) with respect to any qualified facility described in subsection (d)(1) if a credit has been allowed to such facility under section 45J for such taxable year or any prior taxable year.''. (B) Investment credit.--Subsections (B) and (C) of section 48(d)(5)(B) of such Code are each amended by inserting ``or section 45R'' after ``section 45''. (C) Grants.--Section 48(d)(1) of such Code is amended by striking ``or section 45'' and inserting ``, section 45, or section 45R''. (4) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45R. Credit for production for deep water offshore wind.''. (b) Option To Elect Investment Credit in Lieu of Production Credit.--Section 48(a)(5)(C)(i) of the Internal Revenue Code of 1986 is amended by inserting ``, or any deep water offshore wind facility (within the meaning of section 45R) if such facility is placed in service before 2030'' before the period at the end. (c) Effective Date.--The amendments made by this section shall apply to facilities placed in service after the date of the enactment of this Act.

Deepwater Offshore Wind Incentive Act - Amends the Internal Revenue Code to allow a general business tax credit for the production of energy from a deep water offshore wind facility. Makes such credit equal to the product of 3.04 cents and the kilowatt hours of electricity produced at a facility during a 10-year period and sold by a taxpayer to an unrelated person during the taxable year. Defines "deep water offshore wind facility" as facility that uses wind to produce electricity, operates in 60 meters or more of water, is located within the internal or territorial waters of the United States, and is placed in service after the enactment of this Act and before January 1, 2030.

A bill to amend the Internal Revenue Code of 1986 to provide a credit for the production of energy from deep water offshore wind.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydropower Renewable Energy Development Act of 2011''. SEC. 2. HYDROELECTRIC ENERGY TREATED AS RENEWABLE ENERGY. Notwithstanding any other provision of law or regulation, for purposes of any Federal program or standard, the term ``renewable energy'' shall include hydroelectric energy generated in the United States by a hydroelectric facility, including electric power produced by efficiency improvements and capacity additions, generation added to nonpower dams, conduits, marine and hydrokinetic resources, lake taps, pumped storage facilities, and conventional hydropower. SEC. 3. PRODUCTION TAX CREDIT FOR HYDROPOWER RESOURCES. (a) In General.--Subparagraph (A) of section 45(c)(8) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of clause (i), (2) by striking the period at the end of clause (ii) and inserting ``, and'', and (3) by adding at the end the following new clause: ``(iii) in the case of any hydropower facility described in subparagraph (D), the hydropower production from the facility for the taxable year.''. (b) Production.--Paragraph (8) of section 45(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Other hydropower production facilities.--For purposes of subparagraph (A), a facility is described in this subparagraph if such facility-- ``(i) is a hydroelectric dam or nonhydroelectric dam-- ``(I) which is placed in service after the date of the enactment of the Hydropower Renewable Energy Development Act of 2011, and ``(II) which would be described in subparagraph (A)(i) or (C) but for the placed in service date, ``(ii) is a hydroelectric facility not described in clause (i) which has a nameplate capacity rating of less than 50 megawatts, or ``(iii) is not described in clause (i) or (ii) and generates energy through the use of a lake tap or pumped storage.''. (c) Qualified Facilities.--Paragraph (9) of section 45(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(9) Qualified hydropower facility.-- ``(A) Incremental hydropower production.--In the case of a facility described in subsection (c)(8), without regard to subparagraph (C) or (D) thereof, which produces incremental hydropower production, the term `qualified facility' means such facility but only to the extent of such incremental hydropower production attributable to efficiency improvements or additions to capacity described in subsection (c)(8)(B) placed in service after August 8, 2005, and before January 1, 2014. ``(B) Production from certain nonhydroelectric dams.--In the case of a facility described in subsection (c)(8)(C) which produces qualified hydropower production, the term `qualified facility' means any such facility placed in service after August 8, 2005, and before January 1, 2014. ``(C) Production from other hydropower facilities.--In the case of qualified hydropower production at a facility after the date of the enactment of the Hydropower Renewable Energy Development Act of 2011, the term `qualified facility' includes any such facility which is described in subsection (c)(8)(D). ``(D) Credit period.--In the case of a qualified facility described in subparagraph (A), the 10-year period referred to in subsection (a) shall be treated as beginning on the date the efficiency improvements or additions to capacity are placed in service.''. (d) Increase in Credit Rate.--Subparagraph (A) of section 45(b)(4) of the Internal Revenue Code of 1986 is amended by striking ``(7), (9), or (11)'' and inserting ``or (7)''. (e) Effective Date.--The amendments made by this section shall apply to electricity produced after the date of the enactment of this Act. SEC. 4. 5-YEAR ACCELERATED DEPRECIATION PERIOD FOR EQUIPMENT WHICH PRODUCES ELECTRICITY FROM MARINE RENEWABLES AND HYDROPOWER. (a) In General.--Subclause (III) of section 168(e)(3)(B)(vi) of the Internal Revenue Code of 1986 is amended to read as follows: ``(III) is described in section 45(d)(11) (without regard to any placed in service date) and converts marine and hydrokinetic renewable energy (as defined in section 45(c)(10)) into useable energy,''. (b) Conventional Hydropower.--Clause (vi) of section 168(e)(3)(B) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subclause: ``(IV) is described in section 45(d)(9) (without regard to any placed in service date) and has qualified hydropower production (as defined in section 45(c)(8)), and''. (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.

Hydropower Renewable Energy Development Act of 2011 - Includes hydroelectric energy generated in the United States by a hydroelectric facility within the definition of "renewable energy" for purposes of any federal program or standard. Amends the Internal Revenue Code to: (1) classify certain hydropower production facilities as renewable resources for purposes of the tax credit for producing electricity from renewable resources, (2) eliminate the one-half reduction in the tax credit rate for hydropower and marine and hydrokinetic renewable energy facilities, and (3) allow accelerated depreciation of equipment that produces electricity from marine and hydrokinetic renewable resources and from hydropower.

A bill to extend certain Federal benefits and income tax provisions to energy generated by hydropower resources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting America and American Workers Act''. SEC. 2. REDUCTION OF DIVERSITY VISAS TO LEVEL NECESSARY FOR NACARA; PARTIAL REALLOCATION OF VISAS TO BENEFIT CERTAIN EMPLOYMENT-BASED IMMIGRANTS. (a) Reduction of Diversity Visas To Level for NACARA.-- (1) In general.--Section 201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)) is amended by striking ``55,000'' and inserting ``5,000''. (2) Effective date; sunset.--The amendment made by paragraph (1) shall take effect on October 1, 2018, and shall cease to be effective on the effective date described in section 3(d)(2). (b) Partial Reallocation of Visas To Benefit Certain Employment- Based Immigrants.-- (1) Worldwide level of immigration.--Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended by adding at the end the following: ``(3) Beginning with fiscal year 2019, in addition to the worldwide level of employment-based immigrants computed under paragraphs (1) and (2), there shall be available for issuance in each fiscal year-- ``(A) 8,000 visas, to be allotted to qualified immigrants who are the beneficiary of a petition approved under subparagraph (E) or (F) of section 204(a)(1) for classification under section 203(b)(1); ``(B) 8,000 visas, to be allotted to qualified immigrants who are the beneficiary of a petition approved under section 204(a)(1)(F) for classification under section 203(b)(2); and ``(C) 8,000 visas, to be allotted to qualified immigrants who are the beneficiary of a petition approved under section 204(a)(1)(F) for classification under section 203(b)(3).''. (2) Allocation of immigrant visas.--Section 203(b) of such Act (8 U.S.C. 1153(b)) is amended-- (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``, and plus the number of visas specified in section 201(d)(3)(A),'' after ``(4) and (5),''; (B) in paragraph (2)(A), by inserting ``, and plus the number of visas specified in section 201(d)(3)(B),'' after ``(1),''; and (C) in paragraph (3)(A), in the matter preceding clause (i), by inserting ``, and plus the number of visas specified in section 201(d)(3)(C),'' after ``(1) and (2),''. (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 2018. SEC. 3. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM. (a) Worldwide Level of Immigration.--Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended-- (1) in subsection (a)-- (A) by inserting ``and'' at the end of paragraph (1); (B) by striking ``; and'' at the end of paragraph (2) and inserting a period; and (C) by striking paragraph (3); and (2) by striking subsection (e). (b) Allocation of Immigrant Visas.--Section 203 of such Act (8 U.S.C. 1153) is amended-- (1) by striking subsection (c); (2) in subsection (d), by striking ``(a), (b), or (c),'' and inserting ``(a) or (b),''; (3) in subsection (e), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (4) in subsection (f), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''; and (5) in subsection (g), by striking ``(a), (b), and (c)'' and inserting ``(a) and (b)''. (c) Procedure for Granting Immigrant Status.--Section 204 of such Act (8 U.S.C. 1154) is amended-- (1) by striking subsection (a)(1)(I); and (2) in subsection (e), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''. (d) Effective Date.-- (1) Determination.--The Secretary of State and the Secretary of Homeland Security shall jointly determine when visa numbers made available under section 201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)) (relating to the worldwide level of diversity immigrants) are no longer necessary to offset adjustments of status under section 309 of the Illegal Immigration Reform and Immigrant Responsibility (8 U.S.C. 1101 note), as required by section 203(d) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1151 note). Such Secretaries shall publish a notice in the Federal Register of such determination. (2) Amendments.--The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date on which the determination under paragraph (1) is published in the Federal Register.

Protecting America and American Workers Act This bill amends the Immigration and Nationality Act to eliminate the diversity immigrant program effective on the first day of the first fiscal year after the date on which the Department of State and the Department of Homeland Security jointly determine that such immigrant visas are no longer necessary to offset certain status adjustments under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Until such time and effective on October 1, 2018, the annual number of diversity program visas is reduced from 55,000 to 5,000. Beginning in FY2019, 8,000 of such former diversity visas shall be allocated annually to each of three employment-based immigrant categories for a total of 24,000 additional visas each year.

Protecting America and American Workers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Generation Wireless Disclosure Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2011, the President set a goal of bringing next generation wireless broadband Internet access service to at least 98 percent of Americans within 5 years. (2) The Federal Communications Commission's National Broadband Plan sets a minimum target of delivering universal, affordable broadband Internet access service with actual download speeds of at least 4 megabits per second and actual upload speeds of at least 1 megabit per second. (3) The 4 largest wireless service providers advertise 4G service using different wireless mobile broadband technologies, including LTE (Long Term Evolution), WiMAX (Worldwide Interoperability for Microwave Access), and HSPA+ (Evolved High Speed Packet Access). (4) Although the International Telecommunication Union has expanded its definition of 4G service to include these technologies, theoretical peak speeds and actual speeds experienced by consumers vary widely across technologies and service providers. (5) In 2010, the United States wireless industry generated almost $160 billion in revenue, with approximately $50 billion of this total derived from wireless data. (6) Consumers need accurate information before selecting a provider of wireless mobile broadband service. (7) Providers and other sellers of advanced wireless mobile broadband service should be required to make accurate and reasonable disclosures of the terms and conditions of such service in order to give consumers the necessary information to make informed decisions about such service and to promote greater transparency in the market. SEC. 3. REQUIRED DISCLOSURES OF TERMS AND CONDITIONS OF ADVANCED WIRELESS MOBILE BROADBAND SERVICE. (a) Sale to Consumers.-- (1) In general.--A person who sells advanced wireless mobile broadband service directly to a consumer shall accurately disclose the terms and conditions of such service by displaying such terms and conditions consistently, clearly, and prominently in all marketing materials for such service, at the point of sale of such service, and (in the case of postpaid advanced wireless mobile broadband service) in all bills for such service. The terms and conditions disclosed shall include the information described in subsection (c). (2) Special rules for prepaid service.-- (A) Off-the-shelf transactions.--Paragraph (1) does not apply in the case of a transaction in which both-- (i) the consumer receives a device that allows the consumer to access a specified quantity of prepaid advanced wireless mobile broadband service; and (ii) the consumer's interaction with the agents of the person from whom the consumer makes the purchase is such that the average consumer would not expect such agents to have expertise regarding the terms and conditions of such service. (B) Packagers of prepaid service.--A person who packages prepaid advanced wireless mobile broadband service for ultimate sale to a consumer in a transaction described in subparagraph (A) shall accurately disclose the terms and conditions of such service by displaying such terms and conditions consistently, clearly, and prominently in all marketing materials for such service and on the packaging of the device described in clause (i) of such subparagraph. The terms and conditions disclosed shall include the information described in subsection (c). (b) Sale to Resellers.--A person who sells advanced wireless mobile broadband service wholesale to another person for ultimate sale to consumers shall disclose to such other person the information necessary to permit such other person to comply with subsection (a). (c) Information Described.--The information described in this subsection is the following: (1) The guaranteed minimum transmit and receive data rates for Internet protocol packets to and from on-network hosts for the service, expressed in megabits per second. For purposes of the preceding sentence, a minimum data rate is not guaranteed unless it is available for a percentage of the time in a calendar month to be established by the Commission. (2) The reliability rating of the service. The Commission shall establish a standard method that shall be used to calculate the reliability rating of the service, which shall be based on the data session start success percentage (network accessibility) and the data session completion success percentage (network retainability) of the service. (3) The price of the service stated in terms of-- (A) in the case of service that is priced based on the volume of data sent or received, the price per unit of data sent or received; or (B) in the case of service for which a flat rate is charged for service over a given time period-- (i) the flat rate; and (ii) a detailed description of any limits on the use of such service over such time period, by volume of data sent or received or otherwise. (4) Any other charges that the consumer of the service will incur that are not included in the price as stated pursuant to paragraph (3). (5) The network management policies of the service with respect to Internet protocol packets to and from on-network hosts, including the following: (A) Any business practices or technical mechanisms employed by the service provider, other than standard best-effort delivery, that allocate capacity or prioritize traffic differently on the basis of the source of the applications, content, or services. (B) Any limits or prohibitions on the use of certain applications or services. (C) Any traffic shaping or throttling mechanisms that affect the service as a result of exceeding certain usage limits. (6) The technology used to provide the service, such as LTE (Long Term Evolution), WiMAX (Worldwide Interoperability for Microwave Access), or HSPA+ (Evolved High Speed Packet Access). (7) The uniform resource locator of a website (together with a brief description of the contents of the website) on which is located the following: (A) The complete terms of service, acceptable use policy, and any other documentation related to the network management policies of the service provider. (B) A map of the coverage area of the service. If different technologies are used to provide the service in different geographic areas, the map shall indicate the technology used in each area. (d) Manner and Form of Disclosures.--The Commission may prescribe the manner and form of the disclosures required by this section. (e) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Commission shall promulgate regulations implementing this section. (f) Enforcement.--The Commission shall enforce this section as if this section were a part of the Communications Act of 1934 (47 U.S.C. 151 et seq.). A violation of this section or a regulation promulgated under this section shall be considered to be a violation of such Act or a regulation promulgated under such Act, respectively. (g) Coverage Area Defined.--In this section, the term ``coverage area'' shall have the meaning given such term by the Commission. The Commission shall set minimum signal strength and data rate requirements in order for a location to be considered to be within the coverage area of an advanced wireless mobile broadband service. SEC. 4. STUDY BY FEDERAL COMMUNICATIONS COMMISSION. (a) Study.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commission shall complete a study evaluating the speed and pricing of advanced wireless mobile broadband service offered in the United States by the 10 largest providers of such service, as measured by the number of consumers to whom a provider provides such service in coverage areas that include any part of the United States. (b) Initial Report to Congress.--Not later than 10 days after completing the initial study required by subsection (a), the Commission shall submit to Congress a report on the results of such study. (c) Inclusion in Annual CMRS Competition Reports.--The Commission shall include the results of each study conducted under subsection (a) in the next report on the findings of the review required by section 332(c)(1)(C) of the Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) that is adopted after the completion of such study. SEC. 5. DEFINITIONS. In this Act: (1) 4G service.--The term ``4G service'' includes wireless mobile broadband service that utilizes technologies that fulfill the requirements set forth in the International Mobile Telecommunications Advanced standard promulgated by the International Telecommunication Union, any forerunner technologies for which the designation ``4G'' has been approved by the International Telecommunication Union, and any technologies that are broadly marketed as ``4G'' service. (2) Advanced wireless mobile broadband service.--The term ``advanced wireless mobile broadband service'' means 4G service or any wireless mobile broadband service that utilizes a successor technology to 4G technology. (3) Best-effort delivery.--The term ``best-effort delivery'' means the common Internet protocol network model in which a network service routes Internet protocol packets on a first-in, first-out basis and does not distinguish based on the source, type, or other unique characteristics of the Internet protocol packets for the purpose of establishing different levels of delivery priority. (4) Commission.--The term ``Commission'' means the Federal Communications Commission. (5) On-network host.--The term ``on-network host'' means any networking routing equipment owned, operated, or within the control of a wireless mobile broadband service provider that transmits or receives Internet protocol packets or any points in a network before a subscriber's data traffic travels to a centralized routing facility that interconnects at an exchange point with broadband service providers that are not affiliated with such wireless mobile broadband service provider. (6) Postpaid.--The term ``postpaid'' means, with respect to advanced wireless mobile broadband service, that the service is not prepaid. (7) Prepaid.--The term ``prepaid'' means, with respect to advanced wireless mobile broadband service, that the consumer of such service pays for a specified quantity of service (whether measured by volume of data transferred, amount of time the service is in use, or otherwise) before gaining access to such service and must affirmatively purchase any additional quantities of service before gaining access to such additional quantities.

Next Generation Wireless Disclosure Act - Requires a person selling advanced wireless mobile broadband service (4G service or a successor technology) directly to a consumer to prominently, clearly, and accurately disclose service terms and conditions in marketing materials and upon sale. Excludes from such requirements transactions in which the consumer receives a device allowing access to a specified quantity of prepaid advanced wireless mobile broadband service when the average consumer would not expect the selling agents to have expertise regarding the terms and conditions. Directs a person: (1) packaging such prepaid service for ultimate sale to consumers to accurately and clearly display the terms and conditions on all marketing materials and packaging; and (2) selling wholesale service to another person for ultimate sale to consumers to disclose the information necessary to permit such other person to comply with this Act. Sets forth required disclosures including: (1) the guaranteed minimum transmit and receive data rates for Internet protocol packets, (2) reliability ratings, (3) service-based pricing, (4) network management policies, (5) utilized technology services, and (6) a website showing complete terms of service and coverage area maps. Requires the Federal Communications Commission (FCC) to: (1) promulgate implementing regulations, (2) set minimum signal strength and data rates for a location to be within the coverage area of such service, and (3) enforce this Act as if it were a part of the Communications Act of 1934. Directs the FCC to complete an annual study evaluating the speed and pricing of advanced wireless mobile broadband service offered in the United States by the 10 largest service providers.

To require accurate disclosures to consumers of the terms and conditions of 4G service and other advanced wireless mobile broadband service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Violence Prevention Act of 2005''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) In 1997, the Department of Education, in collaboration with the National Institute of Justice of the Department of Justice, conducted a Study on School Violence and Prevention, to investigate the extent of problem behavior in schools nationally. The study reported on several aspects of delinquency prevention efforts in schools, such as types and quality of prevention efforts, how schools plan and use information about prevention options to improve their own efforts and school management, and sources of funding for school prevention activities. (2) In a follow up report prepared for the Department of Education, entitled ``Wide Scope, Questionable Quality, Three Reports from the Study on School Violence and Prevention'' (2002), experts made a number of findings based on the 1997 Study on School Violence and Prevention. (3) A significant finding from the 2002 study is that schools can improve the quality of violence prevention through attention to needs assessment, planning, increased used of research-based approaches, and monitoring of implementation. (4) The 2002 study also noted that middle school students and teachers were more likely to be victimized than their high school counterparts, suggesting that this is an area for additional attention. (5) Additionally, while many students and teachers reported feeling safe in their schools, about one-fourth of students and teachers said they would avoid a specific place at school out of fear that someone might hurt or bother them, and 27 percent of teachers in middle and high schools reported that the behavior of some students kept them from teaching a fair amount or a great deal, indicating that school safety is still an issue of concern. (6) The Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.), which is part A of title IV of the Elementary and Secondary Education Act of 1965, is the most common funding source for prevention activities in schools. Effective July 1, 2002, the State grants program under the Safe and Drug-Free Schools and Communities Act authorizes a variety of activities designed to prevent school violence and youth drug use, and to help schools and communities create safe, disciplined, and drug-free environments that support student academic achievement. (7) Section 4115(a) of the Safe and Drug-Free Schools and Communities (20 U.S.C. 7115(a)) requires State and local prevention programs and activities to meet the ``Principles of Effectiveness'' criteria described in such section and the guidelines relating to such criteria developed by the Department of Education pursuant to such section. The ``Principles of Effectiveness'' provide a framework for recipients of State and local grant funds to improve the quality of drug and violence prevention programming implemented with such funds. (b) Statement of Policy.--In light of recent studies prepared for the Department of Education, which indicate that school violence and prevention programs funded by the Department of Education could be improved, Congress believes that it would be useful for the Department of Education to review and revise the guidelines relating to the ``Principles of Effectiveness'' criteria developed pursuant to section 4115(a) of the Safe and Drug-Free Schools and Communities (20 U.S.C. 7115(a)) with the objective of improving safe school programs. SEC. 3. REVIEW AND REVISION OF GUIDELINES RELATING TO THE ``PRINCIPLES OF EFFECTIVENESS'' CRITERIA UNDER THE SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT. (a) Review and Revision.--The Secretary of Education shall review and revise the guidelines relating to the ``Principles of Effectiveness'' criteria developed pursuant to section 4115(a) of the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7115(a)) to ensure that such guidelines meet the findings of the report prepared for the Department of Education, entitled ``Wide Scope, Questionable Quality, Three Reports from the Study on School Violence and Prevention'' (2002), with particular emphasis on the findings of such report described in subsection (b). (b) Findings of Report.--The findings of the report referred to in subsection (a) are the following: (1) Relatively higher rates of discipline problems in middle schools suggest that greater attention to violence prevention efforts in middle school may be warranted. Attention to middle school violence problems may also aid in preventing discipline problems in high school. (2) Strengthening needs assessments, including collecting information on the prevalence of problem behavior, would assist schools and districts in identifying problem areas to allow for better targeting of violence prevention efforts. (3) Along with a greater focus on research, schools should be encouraged to adopt a ``continuous improvement'' process, whereby quality of implementation, results of activities, and incidents of problem behavior are tracked to serve as a basis for modifying activities and developing future plans. (4) Schools can improve the quality of their violence prevention activities by strengthening efforts to adopt, retain, or discard violence prevention programs based on research evidence on program effectiveness. (5) Greater emphasis on monitoring the implementation of violence prevention activities would help ensure that such activities remain consistent with program models. Collecting information on the results of activities is critical, to gauge which activities are proving effective and which need to be strengthened or discontinued. (6) Schools and districts should be encouraged to focus on quality of training of staff that implement and supervise the violence prevention activities. SEC. 4. REPORTS. (a) Initial Report.--Not later than March 1, 2007, the Secretary of Education shall submit to Congress a report that contains a copy of the guidelines relating to the ``Principles of Effectiveness'' criteria developed pursuant to section 4115(a) of the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7115(a)) and revised pursuant to section 3 of this Act. (b) Final Report.--Not later than January 1, 2010, the Secretary of Education shall submit to Congress a report on the implementation of the guidelines described in subsection (a), including any change in program efficacy, types of programs funded, or reduction in school violence, as a result of such guidelines.

School Violence Prevention Act of 2005 - Directs the Secretary of Education to review and revise the guidelines relating to the principles of effectiveness criteria developed under the Safe and Drug-Free Schools and Communities Act to ensure that such guidelines meet the findings of a 2002 report prepared for the Department of Education.

To require the Secretary of Education to review and revise the guidelines relating to the "Principles of Effectiveness" criteria developed pursuant to the Safe and Drug-Free Schools and Communities Act to improve State and local prevention programs and activities carried out under such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Lawful Commerce in Arms Act''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--The Congress finds the following: (1) Citizens have a right, protected by the Second Amendment to the United States Constitution, to keep and bear arms. (2) Lawsuits have been commenced against manufacturers, distributors, dealers, and importers of firearms that operate as designed and intended, which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including criminals. (3) The manufacture, importation, possession, sale, and use of firearms and ammunition in the United States are heavily regulated by Federal, State, and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act, and the Arms Export Control Act. (4) Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, manufacture, marketing, distribution, importation, or sale to the public of firearms or ammunition that has been shipped or transported in interstate or foreign commerce are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended. (5) The possibility of imposing liability on an entire industry for harm that is solely caused by others is an abuse of the legal system, erodes public confidence in our Nation's laws, threatens the diminution of a basic constitutional right and civil liberty, invites the disassembly and destabilization of other industries and economic sectors lawfully competing in the free enterprise system of the United States, and constitutes an unreasonable burden on interstate and foreign commerce of the United States. (6) The liability actions commenced or contemplated by the Federal Government, States, municipalities, and private interest groups are based on theories without foundation in hundreds of years of the common law and jurisprudence of the United States and do not represent a bona fide expansion of the common law. The possible sustaining of these actions by a maverick judicial officer or petit jury would expand civil liability in a manner never contemplated by the Framers of the Constitution, by the Congress, or by the legislatures of the several states. Such an expansion of liability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution. (b) Purposes.--The purposes of this Act are as follows: (1) To prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products for the harm caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended. (2) To preserve a citizen's access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting. (3) To guarantee a citizen's rights, privileges, and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section 5 of that Amendment. (4) To prevent the use of such lawsuits to impose unreasonable burdens on interstate and foreign commerce. (5) To protect the right, under the First Amendment to the Constitution, of manufacturers, distributors, dealers, and importers of firearms or ammunition products, and trade associations, to speak freely, to assemble peaceably, and to petition the Government for a redress of their grievances. SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN FEDERAL OR STATE COURT. (a) In General.--A qualified civil liability action may not be brought in any Federal or State court. (b) Dismissal of Pending Actions.--A qualified civil liability action that is pending on the date of the enactment of this Act shall be dismissed immediately by the court in which the action was brought or is currently pending. SEC. 4. DEFINITIONS. In this Act: (1) Engaged in the business.--The term ``engaged in the business'' has the meaning given that term in section 921(a)(21) of title 18, United States Code, and, as applied to a seller of ammunition, means a person who devotes, time, attention, and labor to the sale of ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of ammunition. (2) Manufacturer.--The term ``manufacturer'' means, with respect to a qualified product, a person who is engaged in the business of manufacturing the product in interstate or foreign commerce and who is licensed to engage in business as such a manufacturer under chapter 44 of title 18, United States Code. (3) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (4) Qualified product.--The term ``qualified product'' means a firearm (as defined in subparagraph (A) or (B) of section 921(a)(3) of title 18, United States Code, including any antique firearm (as defined in section 921(a)(16) of such title)), or ammunition (as defined in section 921(a)(17) of such title), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. (5) Qualified civil liability action.-- (A) In general.--The term ``qualified civil liability action'' means a civil action brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages or injunctive relief resulting from the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include-- (i) an action brought against a transferor convicted under section 924(h) of title 18, United States Code, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted; (ii) an action brought against a seller for negligent entrustment or negligence per se; (iii) an action in which a manufacturer or seller of a qualified product knowingly and willfully violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought; (iv) an action for breach of contract or warranty in connection with the purchase of the product; or (v) an action for physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended. (B) Negligent entrustment.--In subparagraph (A)(ii), the term ``negligent entrustment'' means the supplying of a qualified product by a seller for use by another person when the seller knows or should know the person to whom the product is supplied is likely to use the product, and in fact does use the product, in a manner involving unreasonable risk of physical injury to the person and others. (6) Seller.--The term ``seller'' means, with respect to a qualified product-- (A) an importer (as defined in section 921(a)(9) of title 18, United States Code) who is engaged in the business as such an importer in interstate or foreign commerce and who is licensed to engage in business as such an importer under chapter 44 of title 18, United States Code; (B) a dealer (as defined in section 921(a)(11) of title 18, United States Code) who is engaged in the business as such a dealer in interstate or foreign commerce and who is licensed to engage in business as such a dealer under chapter 44 of title 18, United States Code; or (C) a person engaged in the business of selling ammunition (as defined in section 921(a)(17) of title 18, United States Code) in interstate or foreign commerce at the wholesale or retail level, consistent with Federal, State, and local law. (7) State.--The term ``State'' includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States, and any political subdivision of any such place. (8) Trade association.--The term ``trade association'' means any association or business organization (whether or not incorporated under Federal or State law) that is not operated for profit, and 2 or more members of which are manufacturers or sellers of a qualified product. Passed the House of Representatives April 9, 2003. Attest: JEFF TRANDAHL, Clerk.

(This measure has not been amended since it was reported to the House on April 7, 2003. The summary of that version is repeated here.)Protection of Lawful Commerce in Arms Act - Prohibits any qualified civil liability action from being brought in any State or Federal court and requires pending actions to be dismissed. Defines such an action to: (1) include an action brought against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages or injunctive relief resulting from the criminal or unlawful misuse of a firearm; and (2) exclude an action brought against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; an action brought against a seller for negligent entrustment or negligence per se; an action in which a manufacturer or seller of a firearm willfully violated a State or Federal statute applicable to the sale or marketing of the firearm and the violation was a proximate cause of the harm for which relief is sought; an action for breach of contract or warranty in connection with the purchase of the firearm; or an action for physical injuries or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended.

To prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages resulting from the misuse of their products by others.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Activity Tax Simplification Act of 2006''. SEC. 2. REMOVAL OF CERTAIN LIMITATIONS ON THE APPLICATION OF PUBLIC LAW 86-272. (a) Solicitations With Respect to Sales and Transactions of Other Than Tangible Personal Property.--Section 101 of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.), is amended-- (1) in subsection (a)(1) by striking ``of tangible'' and all that follows through ``State; and'' and inserting the following: ``or transactions, which orders are sent outside the State for approval or rejection and, if approved, are-- ``(A) in the case of tangible personal property, filled by shipment or delivery from a point outside the State; and ``(B) in the case of all other forms of property, services, and other transactions, fulfilled from a point outside the State; and''; (2) in subsection (c)-- (A) by inserting ``or fulfilling transactions'' after ``making sales''; (B) by inserting ``or transactions'' after ``sales'' the other places it appears; and (C) by striking ``of tangible personal property'' each place it appears; and (3) in subsection (d)(1) by striking ``the sale of, tangible personal property'' and inserting ``a sale or transaction,''. (b) Application of Prohibitions to Other Business Activity Taxes.-- Title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.), is amended by adding at the end the following: ``Sec. 105. Beginning with taxable periods beginning on or after the first day of the first calendar year that begins after the date of the enactment of the Business Activity Tax Simplification Act of 2006, the prohibitions of section 101 that apply with respect to net income taxes shall also apply with respect to each other business activity tax, as defined in section 4 of the Business Activity Tax Simplification Act of 2006. A State or political subdivision thereof may not assess or collect any tax which by reason of this section the State or political subdivision may not impose.''. (c) Effective Date of Subsection (a) Amendments.--The amendments made by subsection (a) shall apply with respect to the imposition, assessment, and collection of taxes for taxable periods beginning on or after the first day of the first calendar year that begins after the date of the enactment of the Business Activity Tax Simplification Act of 2006. SEC. 3. JURISDICTIONAL STANDARD FOR STATE AND LOCAL NET INCOME TAXES AND OTHER BUSINESS ACTIVITY TAXES. (a) In General.--No taxing authority of a State shall have power to impose, assess, or collect a net income tax or other business activity tax on any person relating to such person's activities in interstate commerce unless such person has a physical presence in the State during the taxable period with respect to which the tax is imposed. (b) Requirements for Physical Presence.--For the purposes of subsection (a), a person has a physical presence in a State only if such person's business activities in the State include any of the following, collectively and on more than 21 days in the aggregate, during such person's taxable year: (1) Being an individual physically in the State, or assigning one or more employees to be in the State, except that the following shall be excluded in determining whether such 21- day limit has been exceeded: (A) Activities in connection with a possible or an actual purchase of goods or services, for consumption by the person's business. (B) Gathering news and covering events for print, broadcast, or other distribution through the media. (C) Gathering information needed in order to perform services outside the State. (D) Meeting government officials for purposes other than selling goods or services, for consumption by such government. (E) Merely attending educational or training conferences, seminars or other similar functions. (F) Participating in charitable activities. (2) Using the services of an agent (excluding an employee) to establish or maintain the market in the State, if such agent does not perform business services in the State for any other person during such taxable year. (3) The leasing or owning of tangible personal property or of real property in the State, except that the following shall be excluded in determining whether such 21-day limit has been exceeded: (A) Tangible personal property located in the State for purposes of being assembled, manufactured, processed, or tested by another person for the benefit of the owner or lessee, or used to furnish a service to the owner or lessee by another person. (B) Marketing or promotional materials distributed in the State. (C) Any property to the extent used ancillary to an activity excluded from the computation of the 21-day period based on paragraph (1) or (2). (c) Taxable Periods Not Consisting of a Year.--If the taxable period for which the tax is imposed is not a year, then any requirements expressed in days for establishing physical presence under this Act shall be adjusted pro rata accordingly. (d) Exceptions.-- (1) Domestic business entities and individuals domiciled in, or residents of, the state.--Subsection (a) does not apply with respect to-- (A) a person (other than an individual) that is incorporated or formed under the laws of the State (or domiciled in the State) in which the tax is imposed; or (B) an individual who is domiciled in, or a resident of, the State in which the tax is imposed. (2) Taxation of partners and similar persons.--This section shall not be construed to modify or affect any State business activity tax liability of an owner or beneficiary of an entity that is a partnership, an S corporation (as defined in section 1361 of the Internal Revenue Code of 1986 (26 U.S.C. 1361)), a limited liability company, a trust, an estate, or any other similar entity, if the entity has a physical presence in the State in which the tax is imposed. (3) Preservation of authority.--This section shall not be construed to modify, affect, or supersede the authority of a State to bring an enforcement action against a person or entity that may be engaged in an illegal activity, a sham transaction, or any perceived or actual abuse in its business activities if such enforcement action-- (A) is of a kind customarily used by the State; and (B) does not modify, affect, or supersede the operation of any provision of this Act or of any other Federal law. (4) Certain activities.--With respect to the following, subsection (b) shall be read by substituting ``at least one day'' for ``more than 21 days in the aggregate'': (A) The sale within a State of tangible personal property, if delivery of the property originates and is completed within the State. (B) The performance of services that physically affect real property within a State. (5) Exception relating to certain performances and sporting events.--With respect to the taxation of the following, subsection (b) shall be read by substituting ``at least one day'' for ``more than 21 days in the aggregate'': (A) A live performance in a State, before a live audience of more than 100 individuals. (B) A live sporting event in a State before more than 100 spectators present at the event. (e) Rule of Construction.--This section shall not be construed to modify, affect, or supersede the operation of title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.). SEC. 4. DEFINITIONS. The following definitions apply in this Act: (1) Net income tax.--The term ``net income tax'' has the meaning given that term for the purposes of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.). (2) Other business activity tax.-- (A) The term ``other business activity tax'' means-- (i) a tax imposed on or measured by gross receipts, gross income, or gross profits; (ii) a business and occupation tax; (iii) a franchise tax; (iv) a single business tax or a capital stock tax; or (v) any other tax imposed by a State on a business measured by the amount of, or economic results of, business or related activity conducted in the State. (B) The term ``other business activity tax'' does not include a sales tax, a use tax, or a similar tax, imposed as the result of the sale or acquisition of goods or services, whether or not denominated a tax imposed on the privilege of doing business. (3) State.--The term ``State'' means any of the several States, the District of Columbia, or any territory or possession of the United States, or any political subdivision of any of the foregoing. (4) Tangible personal property.--The term ``tangible personal property'' does not include computer software that is owned and licensed by the owner to another person. SEC. 5. EFFECTIVE DATE. Except as provided otherwise in this Act, this Act applies with respect to taxable periods beginning on and after the first day of the first year that begins after the date of the enactment of this Act.

Business Activity Tax Simplification Act of 2006 - Expands the federal prohibition against state taxation of interstate commerce to: (1) include taxation of out-of-state transactions involving all forms of property, including intangible personal property and services (currently, only sales of tangible personal property are protected); and (2) prohibit state taxation of an out-of-state entity unless such entity has a physical presence in the taxing state. Sets forth criteria for determining that a person has a physical presence in a state.

A bill to simplify the taxation of business activity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Heating Oil Assistance Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: ``SEC. 6431. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) 33 percent of the amount of the taxpayer's residential energy costs for such taxable year, or ``(2) $500. ``(b) Income Limitation.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by 5 percent of so much of the taxpayer's adjusted gross income as exceeds the threshold amount. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $200,300 in the case of a joint return, ``(B) $182,400 in the case of a head of a household (as defined in section 2(b)), ``(C) $164,550 in the case of an individual who is not married, and ``(D) one-half of the dollar amount in effect under subparagraph (A) for the taxable year in the case of a married individual filing a separate return. ``(3) Determination of adjusted gross income.--For purposes of paragraph (1), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential energy costs.--The term `residential energy costs' means the amount paid or incurred by the taxpayer during the taxable year-- ``(A) to any utility for electricity or natural gas used in the principal residence of the taxpayer during the heating season, and ``(B) for any qualified fuel for use in the principal residence of the taxpayer but only if such fuel is the primary fuel for heating such residence. ``(2) Principal residence.-- ``(A) In general.--The term `principal residence' has the meaning given to such term by section 121; except that no ownership requirement shall be imposed. ``(B) Special rules.--Such term shall not include-- ``(i) any residence located outside the United States, and ``(ii) any residence not used as the taxpayer's principal place of abode throughout the heating season. ``(3) Heating season.--The term `heating season' means October, November, December, January, February, and March. ``(4) Qualified fuel.--The term `qualified fuel' includes propane, heating oil, kerosene, wood, and wood pellets. ``(d) Other Special Rules.-- ``(1) Individuals paying on level payment basis.--Amounts paid for natural gas under a level payment plan for any period shall be treated as paid for natural gas used during the portion (if any) of the heating season during such period to the extent of the amount charged for natural gas used during such portion of the heating season. A similar rule shall apply to electricity and any qualified fuel. ``(2) Homeowners associations, etc.--The application of this section to homeowners associations (as defined in section 528(c)(1)) or members of such associations, and tenant- stockholders in cooperative housing corporations (as defined in section 216), shall be allowed by allocation, apportionment, or otherwise, to the individuals paying, directly or indirectly, for the residential energy cost so incurred. ``(3) Dollar amount in case of joint occupancy.--In the case of a dwelling unit which is the principal residence by 2 or more individuals, the dollar limitation under subsection (a)(2) shall be allocated among such individuals under regulations prescribed by the Secretary. ``(4) Treatment as refundable credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits). ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in 2009, each of the dollar amounts contained in subsections (a)(2) and (b)(2) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) in the case of-- ``(i) the dollar amount contained in subsection (a)(2), the fuel price inflation adjustment for 2009, and ``(ii) the dollar amounts contained in subsection (b)(2), the cost-of-living adjustment determined under section 1(f)(3) for 2009 by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Fuel price inflation adjustment.--For purposes of paragraph (1)(B)(i)-- ``(A) In general.--The fuel price inflation adjustment for 2009 is the percentage (if any) by which-- ``(i) the CPI fuel component for October of 2008, exceeds ``(ii) the CPI fuel component for October of 2007. ``(B) CPI fuel component.--The term `CPI fuel component' means the fuel component of the Consumer Price Index for All Urban Consumers published by the Department of Labor. ``(3) Rounding.-- ``(A) Credit amount.-- ``(i) Credit amount.--If the dollar amount in subsection (a)(2) (after being increased under paragraph (1)), is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. ``(ii) Income threshold.--If any dollar amount in subsection (b)(2) (after being increased under paragraph (1)), is not a multiple of $50, such dollar amount shall be rounded to the next lowest multiple of $50. ``(f) Application of Section.--This section shall apply to residential energy costs paid or incurred after the date of the enactment of this section, in taxable years ending after such date, and before January 1, 2010.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6428 or'' and inserting ``, 6428, 6431, or''. (2) 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. 6431. Refundable credit for residential energy costs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Home Heating Oil Assistance Act of 2008 - Amends the Internal Revenue Code to allow an individual taxpayer an income-based refundable tax credit for the lesser of 33% of such taxpayer's residential energy costs for a taxable year, or $500. Defines "residential energy costs" as amounts paid: (1) to any utility for electricity or natural gas used in the taxpayer's principal residence during the heating season (October through March); and (2) for any qualified fuel (e.g., propane, heating oil, kerosene, wood, and wood pellets) used as the primary fuel for heating the taxpayer's principal residence.

To amend the Internal Revenue Code of 1986 to provide a refundable credit against income tax to assist individuals with high residential energy costs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Palestinian Peace Promotion and Anti-Incitement Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Palestinian Authority has not fully lived up to its prior agreements with Israel to end incitement; and (2) the Palestinian Authority should do more to prepare the Palestinian people for peace with Israel. SEC. 3. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. Chapter 1 of part III of the Foreign Assistance Act of 1961 is amended-- (1) by redesignating the second section 620J (as added by section 651 of Public Law 110-161) as section 620M; and (2) by adding at the end the following: ``SEC. 620N. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. ``(a) Prohibition of Funds.--No funds may be provided under this Act to the Palestinian Authority. ``(b) Waiver.--The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Foreign Affairs of the House of Representatives and Foreign Relations of the Senate that waiving such prohibition is important to the national security interests of the United States. ``(c) Report.--Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed. Such report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons, and dismantle the terrorist infrastructure. ``(d) Certification.--If the President exercises the waiver authority under subsection (b), the Secretary of State shall certify and report to the Committees on Foreign Affairs of the House of Representatives and Foreign Relations of the Senate prior to the obligation of funds that-- ``(1) the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll; and ``(2) the Palestinian Authority no longer engages in a pattern of incitement against the United States or Israel and is engaged in peace preparation activities aimed at promoting peace with the Jewish State of Israel. ``(e) Definitions.--In this section: ``(1) Incitement.--The term `incitement' means any of the following that is sponsored, supported, or directed by officials or employees of the Palestinian Authority or Palestinian Authority-controlled, sponsored, or supported electronic, broadcast, and print media, schools, mosques, and institutions: ``(A) Statements, media, communication, or other activities against any religion, ethnicity, or nationality. ``(B) Advocacy, endorsement, or glorification of violence, martyrdom, or terrorism. ``(C) Endorsement, glorification, honor, or other memorialization of any person or group that has advocated, sponsored, or committed acts of terrorism, including the naming after or dedication to such person or group of any school, community center, camp, stadium, public square, street, land, landmark, waterway, or other facility. ``(2) Peace preparation activities.--The term `peace preparation activities' means Arabic-language communications and educational activities sponsored by the Palestinian Authority, which are communicated or administered via electronic, broadcast and print media, schools, mosques and statements by government officials that may include the following: ``(A) Public acknowledgments of the State of Israel's right to exist as a Jewish state. ``(B) Firm public commitments to and endorsements of peaceful co-existence with the Jewish State of Israel. ``(C) Production, distribution, and public display via all media platforms, schools, mosques, educational materials and elsewhere of maps that show the State of Israel existing as `Israel' side-by-side with `Palestine' and halting all production, distribution, or public display of maps that do not include a state of Israel; and ``(D) renouncing any and all future rights or claims to commit acts of violence against Israel.''.

Palestinian Peace Promotion and Ant-Incitement Act - Expresses the sense of Congress that the Palestinian Authority (PA) has not lived up to its agreements with Israel to end incitement and should do more to prepare the Palestinian people for peace with Israel. Amends the Foreign Assistance Act of 1961 to prohibit assistance to the PA. Waives such prohibition if the President certifies to Congress that the waiver is important to U.S. national security interests. Directs the Secretary of State, upon the exercise of such waiver and prior to the obligation of funds, to certify to Congress that the PA: (1) has established a single treasury account for all PA financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist, and there is a single comprehensive civil service roster and payroll; and (2) no longer engages in a pattern of incitement against the United States or Israel and is engaged in peace preparation activities aimed at promoting peace with Israel.

To amend the Foreign Assistance Act of 1961 to limit assistance to the Palestinian Authority.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Catastrophe Obligation Guarantee Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Congressional findings. Sec. 3. Establishment of debt guarantee program. Sec. 4. Eligible State programs. Sec. 5. Catastrophic debt guarantees. Sec. 6. Effect of guarantee. Sec. 7. Maximum limitation on outstanding guarantees under program. Sec. 8. Payment of losses. Sec. 9. Funding for payments of guarantees. Sec. 10. Definitions. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the United States needs to take action, and support actions taken by States, to be better prepared for and better protected from natural catastrophes; (2) the hurricane seasons of 2004, 2005, and 2008 were startling reminders of both the human and economic devastation that natural catastrophes can cause; (3) if the deadly 1900 Galveston hurricane were to occur again, it could cause over $36,000,000,000 in insured losses; (4) if the 1906 San Francisco earthquake and fire were to occur again, it could cause over $400,000,000,000 in insured losses; (5) if a Category 5 hurricane were to hit Miami, it could cause over $50,000,000,000 in insured loss; (6) if the 1938 Long Island Express Hurricane were to occur again, it could cause over $30,000,000,000 in insured losses, and if a hurricane that powerful were to hit Manhattan directly it could cause over $150,000,000,000 in insured losses and cause irreparable harm to our Nation's economy; (7) the inability of private insurers to build adequate capital in a short amount of time and the resulting lack of sufficient insurance capacity threaten to increase the number of uninsured residential properties, which, in turn, will increase the risk of mortgage and other credit defaults and increase the strain on the Nation's banking system; (8) it is appropriate that efforts to improve insurance availability be designed and implemented at the State level, but even active and experienced State catastrophe insurance programs struggle with issues of capital adequacy and financial strength; (9) some States have acted to ensure the continued availability or affordability, or both, of residential property insurance for their residents; (10) while State catastrophe insurance programs may be well designed and adequate to cover insured losses from most natural disasters, a small but significant number of catastrophic events are likely to exceed the combined financial capacity of such State programs and the local insurance markets; (11) the Government Accountability Office has found that, of the approximately $90 billion in Federal emergency appropriations in the wake of the 2005 hurricanes, approximately $26 billion was used by the Federal Emergency Management Agency, the Small Business Administration, and the Department of Housing and Urban Development to make payments to homeowners or renters who lacked adequate insurance; and (12) the recent and historic turmoil in the financial markets calls into question the ability of even the most creditworthy State catastrophe insurance programs to secure adequate financing following a catastrophic event. SEC. 3. ESTABLISHMENT OF DEBT GUARANTEE PROGRAM. The Secretary of the Treasury shall carry out a program under this Act to guarantee, and to enter into commitments to guarantee, holders of debt obligations issued by eligible State programs against loss of principal or interest on such obligations, or both. SEC. 4. ELIGIBLE STATE PROGRAMS. (a) Requirements.--A State program shall be considered an ``eligible State program'' for purposes of this Act only if the State program, or other State entity authorized to make such determinations, certifies to the Secretary, in accordance with the procedures established pursuant to subsection (b), that the State program complies with the following requirements: (1) Program design.--The State program shall be established and authorized by State law-- (A) as an insurance program that-- (i) offers residential property insurance coverage for insured losses to property, contents, and additional living expenses; and (ii) is not a State program that requires insurers to pool resources to provide property insurance coverage for covered perils; or (B) as a reinsurance program that-- (i) is designed to improve private insurance markets; and (ii) offers residential property insurance coverage for insured losses to property, contents, and additional living expenses because of a finding by the State insurance commissioner or other State entity authorized to make such a determination that such State program is necessary in order to provide for the continued availability of such insurance coverage for all residents of the State. (2) Program operation.--The State program shall meet the following requirements: (A) Governing body.--A majority of the members of the governing body of the State program shall be public officials or appointed by public officials. (B) Financial interest.--The State shall have a financial interest in the State program. (C) Program funds.--If the State has at any time appropriated amounts from the State program's funds for any purpose other than payments for losses insured under the State program, or payments made in connection with any of the State program's authorized activities, the State shall have returned such amounts to the State fund, together with interest on such amounts. (3) Tax status.--The State program shall have received from the Secretary (or the Secretary's designee) a written determination, within the meaning of section 6110(b) of the Internal Revenue Code of 1986, that the State program-- (A) constitutes an integral part of the State that has created it; or (B) is otherwise exempt from Federal income taxation. (4) Covered perils.-- (A) In general.--The State program shall insure or reinsure losses that are proximately caused by any of the following perils: (i) Earthquakes. (ii) Perils ensuing from earthquakes, including fire and tsunamis. (iii) Tropical cyclones having maximum sustained winds of at least 74 miles per hour, including hurricanes and typhoons. (iv) Tornadoes. (v) Volcanic eruptions. (vi) Catastrophic winter storms. (vii) Hail. (viii) Any other natural catastrophe (not including any flood) insured or reinsured under the State program. (B) Authority of secretary to define.--The Secretary shall, by regulation, define the natural catastrophe perils under this subsection. (5) Prevention and mitigation.--The State program shall include provisions designed to encourage and support programs to mitigate losses from natural catastrophes for which the State insurance or reinsurance program was established to provide insurance coverage. (6) Actuarial premium rates.--The State program shall be subject to a requirement under State law that, for any insurance coverage made available under the State insurance program or for any reinsurance coverage for such insurance coverage made available under the State reinsurance program, the premium rates charged shall be actuarially sound or actuarially indicated. (b) Certification and Recertification.--The Secretary shall establish procedures for initial certification and annual recertification of State programs as eligible State programs. SEC. 5. CATASTROPHIC DEBT GUARANTEES. (a) Eligibility for Guarantee.--A guarantee under the program under this Act of the debt of an eligible State program may be issued only if the Secretary has issued a commitment to guarantee such debt to such eligible State program. The commitment to guarantee shall have a duration of three years and may be extended by the Secretary for a period of one year on each annual anniversary of the issuance of the commitment to guarantee. The commitment to guarantee and each extension of such commitment may be issued by the Secretary only if the Secretary determines, based on information provided by the eligible State program that the Secretary shall require, that there is reasonable assurance that the eligible State program can meet its repayment obligation under the debt. (b) Required Amount of Insured Losses.--The Secretary may not issue a guarantee under the program under this Act for any debt obligations of an eligible State program unless the eligible State program demonstrates to the satisfaction of the Secretary that insured losses to the eligible State program that arise from the event or events of covered perils and that are covered by the commitment to guarantee are likely to exceed the cash resources of the eligible State program available on the date of the occurrence of the event. (c) Limitation on Amount of Guarantees.-- (1) In general.--Except as provided in paragraph (2), the aggregate principal amount of debt of an eligible State program guaranteed following an event or events referred to in subsection (a) may not exceed the amount by which the insured losses expected to be sustained by the State program as a result of such event or events exceed 80 percent of the qualifying assets of the eligible State program as stated in the most recent quarterly financial statement filed with its domiciliary regulator before the occurrence of event or events. (2) State programs not filing quarterly statements.--In the case of any eligible State program that is not required to file quarterly financial statements with its domiciliary regulator, the aggregate principal amount of debt guaranteed may not exceed the amount by which insured losses sustained by the State program as a result of such event or events exceed 80 percent of the unrestricted net assets as stated in the annual financial statement for the program's fiscal year ending immediately prior to the event or events. (d) Use of Funds.--Amounts of debt of an eligible State program that are guaranteed under this section shall be used only to pay the insured losses and loss adjustment expenses incurred by the eligible State program. Such amounts shall not be used for any other purpose. SEC. 6. EFFECT OF GUARANTEE. (a) In General.--The issuance of any guarantee under the program under this Act by the Secretary shall be conclusive evidence that-- (1) the guarantee has been properly obtained; (2) the underlying debt qualified for such guarantee; and (3) the guarantee is valid, legal, and enforceable. (b) Full Faith and Credit.--The full faith and credit of the United States is pledged to the payment of all guarantees issued under the program under this Act with respect to principal and interest of the debt guaranteed. SEC. 7. MAXIMUM LIMITATION ON OUTSTANDING GUARANTEES UNDER PROGRAM. The aggregate principal amount of debt obligations for which guarantees under the program under this Act are outstanding may not at any time exceed-- (1) with respect to eligible State programs that cover earthquake perils, $5,000,000,000; and (2) with respect to eligible State programs that cover all other perils, $20,000,000,000. SEC. 8. PAYMENT OF LOSSES. (a) In General.--If any portion of the principal of or interest on any debt obligation guaranteed under this Act becomes due for payment but is unpaid by the eligible State program issuing such obligation as a result of such program having provided insufficient funds to the duly appointed paying agent or trustee (in this section referred to as the ``fiscal agent'') for the eligible State program, the Secretary shall pay to the fiscal agent an amount equal to such portion. (b) Timing.--The Secretary shall make such payments on the later of-- (1) the date such principal or interest becomes due for payment; or (2) the first business day after the day on which the Secretary receives notice, in such form and manner as the Secretary may require, of failure by the eligible State program to provide sufficient funds to the fiscal agent to make such payments. (c) Subrogation.--Upon making such payment, the Secretary shall be subrogated to all the rights of the ultimate recipient of the payment. The Secretary shall be entitled to recover from the eligible State program the amount of any payments made pursuant to any guarantee entered into under this Act. (d) Role of the Attorney General.--The Attorney General will take such action as may be appropriate to enforce any right accruing to the United States as a result of the issuance of any guarantee under this Act. (e) Forbearance.--Nothing in this section may be construed to preclude any forbearance for the benefit of the eligible State program that is agreed to by the parties to any debt obligation guaranteed under this Act and is approved by the Secretary, subject to the availability of budget authority for any resulting costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)). (f) Authority of Secretary.--Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of property by the United States, the Secretary may, in the discretion of the Secretary, complete, recondition, reconstruct, renovate, repair, maintain, operate, or sell any property acquired by the Secretary pursuant to the provisions of this Act. SEC. 9. FUNDING FOR PAYMENTS OF GUARANTEES. (a) Appropriations.--There are hereby appropriated, out of funds in the Treasury not otherwise appropriated, such sums as may be necessary to satisfy debt guarantee commitments extended to eligible State programs under this Act and for the payment of administrative expenses for conduct of the guarantee program authorized by this Act. (b) Budgetary Impact.--For purposes of section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)), the cost of guarantees issued under this Act shall be calculated by adjusting the discount rate in section 502(5)(E) of such Act for government risk. SEC. 10. DEFINITIONS. In this Act, the following definitions shall apply: (1) Commitment to guarantee.--The term ``commitment to guarantee'' means a commitment to make debt guarantees to an eligible State program, pursuant to subsection 5(a). (2) Covered perils.--The term ``covered peril'' means a natural catastrophe peril specified in section 4(a)(4). (3) Insured loss.--The term ``insured loss'' means any loss resulting from a covered peril that is determined by an eligible State program as being covered by insurance or reinsurance made available under that eligible State program. (4) Qualifying assets.--The term ``qualifying assets'' means, with respect to an eligible State program, the policyholder surplus of the State program as stated in the most recent quarterly financial statement filed by the program with the domiciliary regulator of the program for the last quarter ending before the event or events. (5) Residential property insurance.--The term ``residential property insurance'' means, with respect to an eligible State program, the following types of insurance coverage: (A) Individually owned residential structures.-- (i) In general.--(I) Insurance coverage for individually owned residential structures of not more than 4 dwelling units, individually owned condominium units, or individually owned mobile homes, and the contents of any such units or homes, that are-- (aa) located in the State; and (bb) used exclusively for residential purposes; or (II) a tenant's policy written to include personal contents of a residential unit located in the State. (ii) Exclusions.--Such term shall not include-- (I) insurance for real property or its contents used for any commercial, industrial, or business purpose, except a structure of not more than 4 dwelling units rented for individual residential purposes; and (II) a policy that does not include any of the perils insured against in a standard fire policy or any of the perils enumerated in section 4(a)(4). (B) Commercial residential properties.--Insurance coverage for commercial residential properties, including properties owned by a condominium association or its members, properties owned by a cooperative association, and apartment buildings. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury.

Catastrophe Obligation Guarantee Act of 2009 - Directs the Secretary of the Treasury to guarantee holders against loss of principal, interest, or both, on obligations issued by eligible state programs that are established to provide insurance and reinsurance coverage for residential property in the case of catastrophic events. Prescribes standards for eligible state programs, and for catastrophic debt guarantees. Limits the aggregate principal amount of guaranteed debt following a catastrophic event to the amount by which the insured losses expected to be sustained by the state program as a result of the events exceed 80% of: (1) the qualifying assets of an eligible state program as stated in its most recent quarterly financial statement filed with the domiciliary regulator; or (2) a state's unrestricted net assets as stated in its annual financial statement. Pledges the full faith and credit of the United States to the payment of all guarantees issued under the program. Limits the aggregate total principal amount of guaranteed debt obligations to: (1) $5 billion for earthquake peril; and (2) $20 billion for all other perils. Makes appropriations to satisfy debt guarantee commitments and attendant administrative expenses.

To establish a program to provide guarantees for debt issued by State catastrophe insurance programs to assist in financial recovery from natural catastrophes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Defense Accountability Act of 2018''. SEC. 2. FINDINGS. Congress finds the following: (1) On January 13, 2018, a ballistic missile alert reading: ``BALLISTIC MISSILE THREAT INBOUND TO HAWAII. SEEK IMMEDIATE SHELTER. THIS IS NOT A DRILL'' was sent in error to individuals in the State of Hawaii, and was not corrected for 38 minutes, traumatizing Hawaii residents and visitors. (2) The National Security Strategy of the President, dated December 18, 2017, noted the following: (A) ``As missiles grow in numbers, types, and effectiveness, to include those with greater ranges, they are the most likely means for states like North Korea to use a nuclear weapon against the United States.''. (B) North Korea ``has spent hundreds of millions of dollars on nuclear, chemical, and biological weapons that could threaten our homeland''. (C) ``North Korea seeks the capability to kill millions of Americans with nuclear weapons.''. (3) Due to the heightened threat level of conflict with North Korea, the State of Hawaii has begun to implement monthly outdoor warning siren system tests for the first time since the end of the Cold War. (4) According to the Hawaii Emergency Management Agency, a North Korean ballistic missile would reach Hawaii approximately 20 minutes after launch. (5) According to the Missile Defense Agency, ``sophisticated ballistic missile technology is available on a wider scale than ever to countries hostile to the U.S. and our allies. As those countries continue to develop and exchange this technology, there is also an increasing threat of those technologies falling into the hands of hostile non-state groups.''. SEC. 3. REPORT REGARDING BALLISTIC MISSILE CIVIL DEFENSE NOTIFICATION PROTOCOLS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of the Federal Communications Commission and the Secretary of Homeland Security, shall submit to Congress a report regarding current notification protocols regarding ballistic missile threats. Such report shall include assessments of notifications required under Federal law or regulations-- (1) after a ballistic missile threat is identified, including notifications to Federal and State entities; (2) during a ballistic missile threat, including communications between Federal and State entities; and (3) regarding ballistic missile impact warnings to Federal and State entities and the general public. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. SEC. 4. CIVIL DEFENSE EMERGENCY BEST PRACTICES. (a) Study.--(1) Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Federal Emergency Management Agency, shall conduct a study to identify best practices of the States selected under paragraph (2) regarding civil defense emergencies. Such study shall identify the following: (A) Plans of each State regarding communications between State, local, and Federal entities before, during, and after a civil defense emergency. (B) Plans of each State to communicate with residents before, during, and after a civil defense emergency. (C) Plans of each State to educate residents regarding civil defense emergencies. (D) Security plans of each State and local law enforcement agencies of each State regarding civil defense emergencies. (E) Contingency plans of each State to deliver aid, food, water, and temporary shelter in a civil defense emergency. (2) The Secretary of Homeland Security shall select not fewer than 13 States to participate in the study under this subsection, including-- (A) Hawaii, Alaska, California, and Washington; (B) not fewer than five other States that border on an ocean or the Gulf of Mexico; and (C) not fewer than five other States that do not so border an ocean or the Gulf of Mexico. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report regarding the following: (A) The study under subsection (a). (B) Deficiencies identified by the Secretary in existing State practices regarding civil defense emergencies. (C) Best practices identified by the Secretary regarding civil defense emergencies. (D) Best modes and methods used to provide public instructions once a civil defense emergency is declared. (E) Plans of the Secretary to improve outreach to the general public regarding civil defense emergencies. (2) Form.--The report required under this subsection shall be submitted in unclassified form, but may contain a classified annex. (3) Dissemination to the states.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Homeland Security shall disseminate the unclassified portions of the report required under this subsection to the chief executive of each State. SEC. 5. INCIDENT REPORTS REGARDING THE BALLISTIC MISSILE FALSE ALARM THAT OCCURRED ON JANUARY 13, 2018. (a) In General.--Not later than 60 days after the date of the enactment of this Act, each key official shall submit to Congress an unclassified report, with a classified annex if necessary, regarding the actions of the respective Federal department or agency of the key official with respect to the ballistic missile false alarm that occurred on January 13, 2018, in the State of Hawaii. Each report under this section shall include recommendations of the key official who submits each such report regarding corrective actions that such key official determines will diminish the possibility of another ballistic missile false alarm. (b) Publication.--Each key official who submits a report under subsection (a) shall publish on a publicly available website of the respective Federal department or agency of each such key official the unclassified portion of each such report. (c) Key Official Defined.--In this section, the term ``key official'' includes-- (1) the Secretary of Defense; (2) the Administrator of the Federal Emergency Management Agency; and (3) the Director of the Federal Communications Commission. SEC. 6. PUBLIC HEALTH RECOMMENDATIONS. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services, shall submit to Congress and publish online a report regarding the ability of the Department and health care providers to respond to attacks in the United States with biological, chemical, radiological, or nuclear weapons. The report under this section shall include the following: (1) Assessments of current readiness of the Department and health care providers to respond to such attacks. (2) Recommendations to Congress and to health care providers that the Secretary determines will improve readiness described in paragraph (1). (b) Outreach.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall develop and implement a public outreach program in coordination with State and local government entities regarding recommendations contained in the report required under subsection (a). (c) Grants.--The Secretary of Health and Human Services shall take into consideration the recommendations in the report required under subsection (a) when issuing grants under the Public Health Emergency Preparedness cooperative agreement and the Hospital Preparedness Program. SEC. 7. DEFINITION. In this Act, the term ``State'' means each of the several States of the United States, the District of Columbia, and any territory, commonwealth, or possession of the United States.

Civil Defense Accountability Act of 2018 This bill directs the Department of Defense (DOD), in coordination with the Federal Communications Commission (FCC) and the Department of Homeland Security (DHS), to report to Congress regarding current notification protocols for ballistic missile threats. The Federal Emergency Management Agency (FEMA) must conduct, and report on, a study to identify best practices of at least 13 states, including Hawaii, Alaska, California, Washington, and other states bordering or not bordering on an ocean or the Gulf of Mexico, regarding civil defense emergencies. The bill requires key officials (defined to include the heads of DOD, FEMA, and the FCC) to submit to Congress and make publicly available unclassified reports on the actions of their respective departments or agencies regarding the ballistic missile false alarm that occurred on January 13, 2018, in Hawaii. Each report shall include recommendations for corrective actions to diminish the possibility of another ballistic missile false alarm. The Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services (HHS) must submit to Congress and publish online a report regarding the ability of HHS and health care providers to respond to attacks in the United States with biological, chemical, radiological, or nuclear weapons. HHS must (1) develop and implement a public outreach program in coordination with state and local governments regarding recommendations in such report for improving readiness in responding to such attacks, and (2) consider the report's recommendations when issuing grants under the Public Health Emergency Preparedness cooperative agreement and the Hospital Preparedness Program.

Civil Defense Accountability Act of 2018

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Small Business Credit Card Act of 2009''. (b) Findings.--The Congress finds as follows: (1) In past recessions, economic recovery has frequently been led by the creation of millions of new, small businesses. (2) Today, however, small business owners are severely limited in their ability to finance new business ventures because their access to capital through their usual resources has dried up, and the lack of access continues to grow. (3) Small businesses are being pushed into using credit cards as their primary source of working capital. (4) This use of credit card credit is especially true for rapidly growing businesses that are not traditional brick and mortar operations, and lack the assets necessary for a traditional loan. (5) Yet, 28 percent of businesses surveyed recently said they had been subject to a decrease in their line of credit or a credit card limit in the past 6 months. (6) And, this decrease in credit card limits occurred despite the fact that 69 percent of the small businesses in the survey cited worsening credit card terms. (7) In 2008, 44 percent of the small businesses surveyed used credit cards to finance their business. (8) In 1993, only 16 percent of small businesses used credit cards as a source of financing. (9) One-third of small businesses using credit cards carry a monthly balance in excess of $10,000. SEC. 2. EXTENDING CREDIT CARD PROTECTIONS UNDER THE TRUTH IN LENDING ACT TO SMALL BUSINESSES. (a) Definition of Consumer.--Section 103(h) of the Truth in Lending Act (15 U.S.C. 1602(h)) is amended-- (1) by striking ``(h) The adjective `consumer', used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is'' and inserting ``(h) Consumer.-- ``(1) In general.--Except as provided in paragraph (2), the term `consumer', when used as a adjective to describe or modify a credit transaction or credit plan, means a transaction or credit plan under which credit is offered or extended to''; and (2) by adding at the end the following new paragraph: ``(2) Small business included under certain circumstances.-- ``(A) In general.--For purposes of any provision of this title relating to a credit card account under an open end credit plan, the term `consumer' includes any qualified small business. ``(B) Qualified small business.--For purposes of subparagraph (A), the term `qualified small business' means, with respect to any credit card account under an open end credit plan, any business concern having 50 or fewer employees, whether or not-- ``(i) the credit card account is in the name of an individual or a business entity; and ``(ii) any credit transaction involving such account is for business or personal purposes. ``(C) Exclusion of small business after `opt out' effective date.--The term `qualified small business' shall not include any business concern described in subparagraph (A) after the effective date of any election under section 135(b) by the individual or business for which the credit card account referred to in such subparagraph has been established, so long as such election remains in effect.''. (b) Amendments to Exemptions.--Section 104 of the Truth in Lending Act (15 U.S.C. 1603) is amended-- (1) in paragraph (1)-- (A) by inserting ``other than a credit transaction under an open end consumer credit plan in which the consumer is a qualified small business'' after ``agricultural purposes''; and (B) by inserting ``other than qualified small businesses'' after ``organizations''; and (2) in paragraph (3), by striking ``$25,000'' and inserting ``$50,000''. (c) Business Credit Card Amendments.--Section 135 of the Truth in Lending Act (15 U.S.C. 1645) is amended-- (1) by striking ``The exemption provided by'' and inserting ``(a) In General.--The exemption provided by''; and (2) by adding at the end the following new subsection: ``(b) Qualified Small Business Opt Out From Coverage.-- ``(1) Notice of coverage.--The disclosures under section 127(a) before opening a credit card account under an open end credit plan for a qualified small business shall include a clear and conspicuous disclosure-- ``(A) that the qualified small business is treated as a consumer under this title and is subject to the requirements of this title as a consumer; ``(B) that the business may elect, in accordance with this subsection, to be exempt, under section 104(1), from this title to the same extent as any business other than a qualified small business; and ``(C) of the procedures for making the election and for subsequently revoking any such election. ``(2) Election.--The Board shall prescribe procedures for making an effective election under this subsection and for revoking any such election. ``(3) Prohibition on discrimination against qualified small business.--No creditor may-- ``(A) discriminate against any business concern having 50 or fewer employees in connection with any credit card account of, or any application for a credit card account by such business, under an open end credit plan on any basis; or ``(B) require any qualified small business to make an election under this subsection as a condition for opening a credit card account, or for providing more advantageous terms for any credit card account, under an open end credit plan.''.

Small Business Credit Card Act of 2009 - Amends the Truth in Lending Act to cover any qualified small business as a consumer with respect to a credit card account under an open end credit plan (thereby extending credit card protections under such Act to small businesses). Defines "qualified small business" under the Act as any business concern having 50 or fewer employees, whether or not: (1) the credit card account is in the name of an individual or a business entity; and (2) any credit transaction involving such account is for business or personal purposes. Permits a qualified small business to elect to opt out of coverage by the Act. Exempts from coverage by the Act any credit transaction in which the total amount financed exceeds $50,000 (currently $25,000). Requires certain creditor disclosures before opening any account under an open end consumer credit plan for a qualified small business. Prohibits a creditor from: (1) discriminating against any business concern having 50 or fewer employees in connection with any credit card account under an open end credit plan; or (2) requiring any qualified small business to make an opt-out election as a condition for opening a credit card account, or for providing more advantageous terms for such an account.

To amend the Truth in Lending Act to provide coverage under such Act for credit cards issued to small businesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heroes at Home Act of 2007''. SEC. 2. PROTOCOL FOR ASSESSMENT AND DOCUMENTATION OF COGNITIVE FUNCTIONING OF EACH DEPLOYED MEMBERS OF THE ARMED FORCES. (a) Protocol Required.--The Secretary of Defense shall establish a protocol for the assessment and documentation of the cognitive (including memory) functioning of each member of the Armed Forces before each such member is deployed in Operation Enduring Freedom or Operation Iraqi Freedom, to facilitate the assessment of the cognitive (including memory) functioning of each such member upon returning from such deployment. (b) Diagnosis of Traumatic Brain Injury and Post Traumatic Stress Disorder.-- (1) In general.--The Secretary shall ensure that the protocol required by subsection (a) provides appropriate mechanisms to permit the differential diagnosis of traumatic brain injury (TBI) and post traumatic stress disorder (PTSD) in members of the Armed Forces who return from deployment in Operation Enduring Freedom or Operation Iraqi Freedom. (2) Additional purposes.--Except as provided in subsection (d), the Secretary may use the protocol for such other purposes as the Secretary considers appropriate. (c) Neurocognitive Assessments.-- (1) In general.--The protocol required by subsection (a) shall include the administration of computer-based neurocognitive assessments to members of the Armed Forces. (2) Frequency.--The assessments required by paragraph (1) shall be administered at least once to each member of the Armed Forces-- (A) before deploying to Operation Enduring Freedom or Operation Iraqi Freedom; and (B) upon returning from such deployment. (3) Development of assessment.--In developing the computer- based assessment required by paragraph (1), the Secretary may use or adopt a current commercial product or develop a new computer-based assessment. (4) Format of assessment.--The format of the assessments required by paragraph (1) shall be the same for each administration described in paragraph (2). (d) Prohibition on Use of Protocol To Determine Deployment Readiness.--The Secretary may not use the result of any assessment that is part of the protocol required by subsection (a) to determine the deployment readiness of any member of the Armed Forces. (e) Availability of Medical Data.--The Secretary shall make available such medical data on the cognitive (including memory) functioning of members of the Armed Forces who are deployed in Operation Enduring Freedom or Operation Iraqi Freedom that is obtained from the protocol required by subsection (a) as the Secretary considers appropriate to-- (1) combat medics and other Department of Defense personnel who provide medical services to such members; and (2) such entities as the Secretary considers appropriate. (f) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the implementation of this section. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Department of Defense to carry out this section amounts as follows: (1) For fiscal year 2008, $3,750,000. (2) For fiscal years 2009 through 2012, such sums as may be necessary. SEC. 3. TRAINING AND CERTIFICATION PROGRAM FOR FAMILY CAREGIVER PERSONAL CARE ATTENDANTS FOR VETERANS AND MEMBERS OF THE ARMED FORCES WITH TRAUMATIC BRAIN INJURY. (a) Program on Training and Certification of Family Caregiver Personal Care Attendants.--The Secretary of Veterans Affairs shall establish a program on training and certification of family caregivers of veterans and members of the Armed Forces with traumatic brain injury as personal care attendants of such veterans and members. (b) Location.--The program required by subsection (a) shall be located in each of the polytrauma centers of the Department of Veterans Affairs designated as a Tier I polytrauma center. (c) Training Curricula.-- (1) In general.--The Secretary of Veterans Affairs shall, in collaboration with the Secretary of Defense, develop curricula for the training of personal care attendants described in subsection (a). Such curricula shall incorporate applicable standards and protocols utilized by certification programs of national brain injury care specialist organizations. (2) Use of existing curricula.--In developing the curricula required by paragraph (1), the Secretary of Veterans Affairs shall, to the extent practicable, utilize and expand upon training curricula developed pursuant to section 744(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308). (d) Program Participation.-- (1) In general.--The Secretary of Veterans Affairs shall determine the eligibility of a family member of a veteran or member of the Armed Forces for participation in the program required by subsection (a). (2) Basis for determination.--A determination made under paragraph (1) shall be based on the clinical needs of the veteran or member of the Armed Forces concerned, as determined by the physician of such veteran or member. (e) Eligibility for Compensation.--A family caregiver of a veteran or member of the Armed Forces who receives certification as a personal care attendant under this section shall be eligible for compensation from the Department of Veterans Affairs for care provided to such veteran or member. (f) Costs of Training.-- (1) Training of families of veterans.--Any costs of training provided under the program under this section for family members of veterans shall be borne by the Secretary of Veterans Affairs. (2) Training of families of members of the armed forces.-- The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for any costs of training provided under the program under this section for family members of members of the Armed Forces. Amounts for such reimbursement shall be derived from amounts available for Defense Health Program for the TRICARE program. (g) Construction.--Nothing in this section shall be construed to require or permit the Secretary of Veterans Affairs to deny reimbursement for health care services provided to a veteran with a brain injury to a personal care attendant who is not a family member of such veteran. SEC. 4. TELEHEALTH AND TELEMENTAL HEALTH SERVICES OF THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS. (a) Telehealth and Telemental Health Demonstration Project.-- (1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a demonstration project to assess the feasibility and advisability of using telehealth technology to assess cognitive (including memory) functioning of members and former members of the Armed Forces who have sustained head trauma, in order to improve the diagnosis and treatment of traumatic brain injury. (2) Location.-- (A) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall carry out the demonstration project required by paragraph (1) at one or more locations selected by the Secretaries for purposes of the demonstration project. (B) Priority for rural areas.--In selecting locations to carry out the demonstration project required by paragraph (1), the Secretary of Defense and the Secretary of Veterans Affairs shall give priority to locations that would provide service in a rural area. (3) Requirements.--The demonstration project required by paragraph (1) shall include the following: (A) The use of telehealth technology to assess the cognitive (including memory) functioning of a member or former member of the Armed Forces, including the following: (i) Obtaining information regarding the nature of any brain injury incurred by such member or former member. (ii) Assessing any symptoms of traumatic brain injury in such member or former member. (B) The use of telehealth technology to rehabilitate members or former members of the Armed Forces who have traumatic brain injury, and the use, to the extent practicable, of applicable standards and protocols used by certification programs of national brain injury care specialist organizations in order to assess progress in such rehabilitation. (C) The use of telehealth technology to disseminate education material to members and former members of the Armed Forces and the family members of such members on techniques, strategies, and skills for caring for and assisting such members, and to the extend practicable, such education materials shall incorporate training curricula developed pursuant to section 744(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308). (4) Use of proven technologies.--Any assessment administered as a part of the demonstration project required by paragraph (1) shall incorporate telemental health technology that has proven effective in the diagnosis and treatment of mental health conditions associated with traumatic brain injury. (5) Administration.-- (A) In general.--The demonstration project required by paragraph (1) shall be administered under the joint incentives program and carried out pursuant to section 8111(d) of title 38, United States Code. (B) Funding.--Amounts to carry out the demonstration project shall be derived from amounts in the DOD-VA Health Care Sharing Incentive Fund established under paragraph (2) of such section. (6) Report.-- (A) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the demonstration project required by paragraph (1). (B) Submission with annual joint report.--The report required by subparagraph (A) shall be submitted to Congress at the same time as the annual joint report required by section 8111(f) of title 38, United States Code, for the fiscal year following the fiscal year of the date of the enactment of this Act. (b) Ongoing Study on Telehealth and Telemental Health Services.-- (1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall, through the Joint Executive Council (JEC) of the Department of Defense and the Department of Veterans Affairs, conduct an ongoing study of all matters relating to the telehealth and telemental health services of the Department of Defense and the Department of Veterans Affairs. (2) Matters studied.--The matters studied under paragraph (1) shall include the following: (A) The number of members and former members of the Armed Forces who have used telehealth or telemental health services of the Department of Defense or the Department of Veterans Affairs. (B) The extent to which members of the National Guard and the Reserves are utilizing telehealth or telemental health services of the Department of Defense or the Department of Veterans Affairs. (C) The ways in which the Department of Defense and the Department of Veterans Affairs can improve the integration of telehealth and telemental health services with clinical medicine. (D) The extent to which telehealth and telemental health services of the Department of Defense and the Department of Veterans Affairs are provided in rural settings and through community-based outpatient clinics (CBOCs). (E) Best practices of civilian mental health providers and facilities with respect to the provision of telehealth and telemental health services, including how such practices can be adopted to improve telehealth and telemental health services of the Department of Defense and the Department of Veterans Affairs. (F) The feasability and advisability of partnering with civilian mental health facilities to provide telehealth and telemental health services to members and former members of the Armed Forces. (3) Annual reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the findings of the Joint Executive Counsel under this subsection during the preceding year. SEC. 5. DEFINITIONS. In this Act: (1) The term ``national brain injury care specialist organization'' means a national organization or association with demonstrated experience in providing training, education, and technical assistance in the provision of care for individuals with brain injury. (2) The term ``neurocognitive'' means of, relating to, or involving the central nervous system and cognitive or information processing abilities (thinking, memory, and reasoning), as well as sensory processing (sight, hearing, touch, taste, and smell), and communication (expression and understanding). (3) The term ``traumatic brain injury'' means an acquired injury to the brain, including brain injuries caused by anoxia due to trauma and such other injuries as the Secretary considers appropriate, except that such term excludes brain dysfunction caused by-- (A) congenital or degenerative disorders; or (B) birth trauma.

Heroes at Home Act of 2007 - Directs the Secretary of Defense to establish a protocol for the assessment and documentation of the cognitive (including memory) functioning of each member of the Armed Forces deployed in Operations Enduring Freedom or Iraqi Freedom before such deployment in order to facilitate their cognitive functioning upon their return. Directs the Secretary of Veterans Affairs to establish a program on training and certification of family caregivers of veterans and members with traumatic brain injury. Authorizes such Secretaries to jointly: (1) establish a demonstration project to assess the feasibility and advisability of using telehealth technology to assess cognitive functioning of members who have sustained head trauma in order to improve their diagnosis and treatment; and (2) conduct an ongoing study of all matters relating to the telehealth and telemental health services of the Departments of Defense and Veterans Affairs, respectively.

A bill to improve the diagnosis and treatment of traumatic brain injury in members and former members of the Armed Forces, to review and expand telehealth and telemental health programs of the Department of Defense and the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Promotion Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 1997, the Congress passed the Adoption and Safe Families Act of 1997 to promote comprehensive child welfare reform to ensure that consideration of children's safety is paramount in child welfare decisions, and to provide a greater sense of urgency to find every child a safe, permanent home. (2) The Adoption and Safe Families Act of 1997 also created the Adoption Incentives program, which authorizes incentive payments to States to promote adoptions, with additional incentives provided for the adoption of foster children with special needs. (3) Since 1997, all States, the District of Columbia, and Puerto Rico have qualified for incentive payments for their work in promoting adoption of foster children. (4) Between 1997 and 2002, adoptions increased by 64 percent, and adoptions of children with special needs increased by 63 percent; however, 542,000 children remain in foster care, and 126,000 are eligible for adoption. (5) Although substantial progress has been made to promote adoptions, attention should be focused on promoting adoption of older children. Recent data suggest that half of the children waiting to be adopted are age 9 or older. SEC. 3. REAUTHORIZATION OF ADOPTION INCENTIVE PAYMENTS PROGRAM. (a) In General.--Section 473A of the Social Security Act (42 U.S.C. 673b) is amended-- (1) in subsection (b)-- (A) by striking paragraph (2) and inserting the following: ``(2)(A) the number of foster child adoptions in the State during the fiscal year exceeds the base number of foster child adoptions for the State for the fiscal year; or ``(B) the number of older child adoptions in the State during the fiscal year exceeds the base number of older child adoptions for the State for the fiscal year;''; (B) in paragraph (4), by striking ``and 2002'' and inserting ``through 2007''; and (C) in paragraph (5), by striking ``2002'' and inserting ``2007''; (2) in subsection (c), by striking paragraph (2) and inserting the following: ``(2) Determination of numbers of adoptions based on afcars data.--The Secretary shall determine the numbers of foster child adoptions, of special needs adoptions that are not older child adoptions, and of older child adoptions in a State during each of fiscal years 2002 through 2007, for purposes of this section, on the basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and approved by the Secretary by August 1 of the succeeding fiscal year.''; (3) in subsection (d)(1)-- (A) in subparagraph (A), by striking ``and''; (B) in subparagraph (B)-- (i) by inserting ``that are not older child adoptions'' after ``adoptions'' each place it appears; and (ii) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(C) $4,000, multiplied by the amount (if any) by which the number of older child adoptions in the State during the fiscal year exceeds the base number of older child adoptions for the State for the fiscal year.''; (4) in subsection (g)-- (A) in paragraph (3), by striking subparagraphs (A) and (B) and inserting the following: ``(A) with respect to fiscal year 2003, the number of foster child adoptions in the State in fiscal year 2002; and ``(B) with respect to any subsequent fiscal year, the number of foster child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 2002 and ends with the fiscal year preceding that subsequent fiscal year.''; (B) in paragraph (4)-- (i) in the paragraph heading, by inserting ``that are not older child adoptions'' after ``adoptions''; and (ii) by striking subparagraphs (A) and (B) and inserting the following: ``(A) with respect to fiscal year 2003, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2002; and ``(B) with respect to any subsequent fiscal year, the number of special needs adoptions that are not older child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 2002 and ends with the fiscal year preceding that subsequent fiscal year.''; and (C) by adding at the end the following: ``(5) Base number of older child adoptions.--The term `base number of older child adoptions for a State' means-- ``(A) with respect to fiscal year 2003, the number of older child adoptions in the State in fiscal year 2002; and ``(B) with respect to any subsequent fiscal year, the number of older child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 2002 and ends with the fiscal year preceding that subsequent fiscal year. ``(6) Older child adoptions.--The term `older child adoptions' means the final adoption of a child who has attained 9 years of age if-- ``(A) at the time of the adoptive placement, the child was in foster care under the supervision of the State; or ``(B) an adoption assistance agreement was in effect under section 473 with respect to the child.''; (5) in subsection (h)-- (A) in paragraph (1)-- (i) in subparagraph (B), by striking ``and''; (ii) in subparagraph (C), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(D) $43,000,000 for each of fiscal years 2004 through 2008.''; and (B) in paragraph (2)-- (i) by inserting ``, or under any other law for grants under subsection (a),'' after ``(1)''; and (ii) by striking ``2003'' and inserting ``2008''; (6) in subsection (i)(4), by striking ``1998 through 2000'' and inserting ``2004 through 2006''; and (7) by striking subsection (j). (b) Report on Adoption and Other Permanency Options for Children in Foster Care.--Not later than October 1, 2004, the Secretary of Health and Human Services shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on State efforts to promote adoption and other permanency options for children in foster care, with special emphasis on older children in foster care. In preparing this report, the Secretary shall review State waiver programs and consult with representatives from State governments, public and private child welfare agencies, and child advocacy organizations to identify promising approaches. SEC. 4. AUTHORITY TO IMPOSE PENALTIES FOR FAILURE TO SUBMIT AFCARS REPORT. Section 474 of the Social Security Act (42 U.S.C. 674) is amended by adding at the end the following: ``(f)(1) If the Secretary finds that a State has failed to submit to the Secretary data, as required by regulation, for the data collection system implemented under section 479, the Secretary shall, within 30 days after the date by which the data was due to be so submitted, notify the State of the failure and that payments to the State under this part will be reduced if the State fails to submit the data, as so required, within 6 months after the date the data was originally due to be so submitted. ``(2) If the Secretary finds that the State has failed to submit the data, as so required, by the end of the 6-month period referred to in paragraph (1) of this subsection, then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1123A(b)(3), the Secretary shall reduce the amounts otherwise payable to the State under this part, for each quarter ending in the 6-month period (and each quarter ending in each subsequent consecutively occurring 6-month period until the Secretary finds that the State has submitted the data, as so required), by-- ``(A) \1/6\ of 1 percent of the total amount expended by the State for administration of foster care activities under the State plan approved under this part in the quarter so ending, in the case of the 1st 6-month period during which the failure continues; or ``(B) \1/4\ of 1 percent of the total amount so expended, in the case of the 2nd or any subsequent such 6-month period.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2003.

Adoption Promotion Act of 2003 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise requirements with respect to States eligible to receive adoption incentives payments. Reauthorizes the adoption incentive payments program. Provides additional incentives for adoptions of older children (nine years of age and up). Modifies requirements with respect to determination of numbers of special needs adoptions that are not older children as well as adoptions of older children. Revises the formula for adoption incentive payments to States to provide a payment for: (1) special needs adoptions that are not older child adoptions; and (2) older child adoptions. Repeals the requirement that the Secretary of Health and Human Services provide supplemental grants to incentive-eligible States. Authorizes the Secretary to impose specified penalties against a State for failure to provide necessary data to the Secretary for the Adoption and Foster Care Analysis and Reporting System.

A bill to reauthorize the adoption incentive payments program under part E of title IV of the Social Security Act, and for other purposes

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Government Shutdowns Act''. SEC. 2. AUTOMATIC CONTINUATION OF FEDERAL FUNDING. (a) In General.--If, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for any projects or activities of the Federal Government that were conducted in the previous fiscal year, and for which appropriations, funds, or other authority were made available in such fiscal year, there is appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such amounts as may be necessary for continuing such projects or activities (including the costs of direct loans and loan guarantees), at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for the project or activity for the previous fiscal year. (b) Continuation Period.--Appropriations and funds made available and authority granted for a project or activity pursuant to this Act shall be available until whichever of the following first occurs: (1) the enactment into law of an appropriation for such project or activity; (2) the enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity; or (3) the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity pursuant to subsection (a). SEC. 3. AVAILABILITY OF FUNDS. (a) Extent and Manner.--Appropriations made by section 2(a) shall be available to the extent and in the manner that would be provided by the applicable appropriation Act. (b) Coverage.--Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act. SEC. 4. USE OF FUNDS. (a) No New Starts.--No appropriation or funds made available or authority granted pursuant to section 2(a) shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year. (b) Apportionment Timing.--Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. (c) High Rates for Operation.--Notwithstanding any other provision of this Act, except section 2(b), for those programs that would otherwise have high rates for operation or complete distribution of appropriations in the period for which appropriations for such programs are made available under this Act because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates for operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives. (d) Limited Funding Actions.--This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities. (e) Prevention of Furloughs.--Amounts made available under section 2(a) for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriation Act for the previous fiscal year, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses. (f) Pay for Members of the Armed Forces.--During a period in which appropriations are made available under this Act for the pay of members of the Armed Forces, the rate of pay for such members shall not be decreased by reason of this Act. (g) Application of Certain Authorization Requirements.--Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)). SEC. 5. ADJUSTMENT OF ACCOUNTS. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 6. ENTITLEMENTS AND OTHER MANDATORY PROGRAMS. (a) For entitlements and other mandatory payments whose budget authority was provided in previous appropriation Acts, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriation Act for the previous fiscal year, to be continued through the date on which appropriations for such programs under this Act expire (as specified in section 2(b)). (b) Notwithstanding section 2(b)(3), obligations for mandatory payments due on or about the first day of any month that begins after the first month in which appropriations for such programs are made under this Act but not later than 30 days after the date on which appropriations for such programs under this Act expire (as specified in section 2(b)(3)) may continue to be made, and funds shall be available for such payments.

Stop Government Shutdowns Act - Appropriates amounts for continuing federal projects and activities at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for them for the previous fiscal year if, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for such projects or activities. Makes appropriations, funds, and authority granted in this Act available until the earliest of: (1) the enactment into law of an appropriation for the project or activity concerned, (2) the enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity, or (3) the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity. Prohibits appropriations or funds made available or authority granted pursuant to this Act from being used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year. Authorizes the use of appropriations or funds made available or authority granted without regard to specified time limitations for submission and approval of apportionments requirements; but declares that nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. Prescribes requirements for: (1) denial of high rates for operation or complete distribution of appropriations in the lapsed-appropriations period, (2) the most limited funding action for continuation of projects and activities, and (3) apportionment of funds for civilian personnel compensation and benefits as necessary to avoid furloughs. Prohibits any decrease in the pay for members of the Armed Forces during a lapsed-appropriations period. Requires expenditures made pursuant to this Act to be charged to the applicable appropriation, fund, or authorization whenever an appropriations bill is subsequently enacted into law. Continues at a specified maintenance rate, through the date on which appropriations for such programs under this Act expires, certain activities with respect to entitlements and other mandatory payments whose budget authority was provided in previous appropriations Acts, as well as for activities under the Food and Nutrition Act of 2008.

To prevent Government shutdowns by providing for the automatic continuation of Federal funding during a lapse in appropriations.

SECTION 1. MEDICAL TRIBUNAL PILOT PROGRAMS. (a) Authorization.--The Secretary of Health and Human Services is authorized to make grants to 5 States to establish pilot programs under which each medical malpractice case is heard in the first instance by a medical tribunal composed of a State trial court judge, a physician, and a lawyer. (b) Eligibility.--The Secretary may only award a grant under this section to a State that-- (1) has an average cost of medical malpractice insurance that exceeds the national average of such cost; (2) has not-- (A) placed a limit on noneconomic damages in medical malpractice cases; or (B) established or begun to establish a medical tribunal program similar to that described in subsection (e); and (3) submits an application at such time, in such form, and accompanied by such information and assurances as the Secretary may require. (c) Duration of Grant.--A grant under this section shall be awarded over 3 fiscal years. (d) Use of Funds.--A State that receives a grant under this section shall use grant funds to establish and administer a medical tribunal pilot program in accordance with subsection (e). (e) Requirements for Medical Tribunal Pilot Program.--The medical tribunal pilot program required by subsection (d) shall include the following elements: (1) Hearing of case in first instance.--Each medical malpractice case filed in the courts of the State shall be heard in the first instance by a medical tribunal. (2) Determination by medical tribunal.--The medical tribunal shall hear all evidence that would be admissible in the courts of the State and determine whether such evidence would be sufficient to support a finding for the plaintiff. (3) Effect of medical tribunal's determination.-- (A) If the medical tribunal determines that the evidence would be sufficient to support a finding for the plaintiff, the plaintiff may pursue the case through the State's usual judicial process. (B) If the medical tribunal determines that the evidence would be insufficient to support a finding for the plaintiff, the plaintiff may pursue the case through the State's usual judicial process only after filing with the clerk of the court in which the case is pending a bond in an amount determined to be appropriate by the State trial court judge serving on the tribunal. (4) Composition of medical tribunal.-- (A) In general.--A medical tribunal shall be composed of a State trial court judge, a physician licensed to practice medicine in the State, and a lawyer licensed to practice law in the State. (B) Selection of physician and lawyer.--The State trial court judge who will serve on a medical tribunal shall select the physician from a list provided by the State medical society or association and the lawyer from a list provided by the State bar association. (C) Defendant other than physician.--If the defendant in a medical malpractice case is a health care provider other than a physician, then a practitioner in such other field of health care shall serve on the medical tribunal instead of a physician. The State trial court judge who will serve on the tribunal shall select such practitioner in a manner the judge considers appropriate. (f) Study of Effectiveness of Medical Tribunals and Report to Congress.-- (1) Study.--After the end of the 3rd fiscal year in which grant funds are paid under this section, the Secretary shall collect from each State that received grant funds the following data: (A) Any change between the 3-year period preceding the State's receipt of grant funds and the period during which it received grant funds, and between the 1st and 2nd and the 2nd and 3rd years in which the State received grant funds, in-- (i) the average cost of medical malpractice insurance; (ii) the number of physicians actively practicing medicine; (iii) the number of medical malpractice liability insurance carriers; and (iv) the amounts paid by medical malpractice liability insurance carriers pursuant to settlements or judgments in cases against their insureds. (B) The percentage of medical malpractice cases considered meritorious by the medical tribunal that were settled prior to trial, compared to the percentage of all medical malpractice cases filed in the 3-year period preceding the State's receipt of grant funds that were settled prior to trial. (C) The number of medical malpractice cases considered meritorious by the medical tribunal that were tried to a judgment, and the number of such judgments that were for the plaintiff. (D) The number of medical malpractice cases considered nonmeritorious by the medical tribunal that were tried to a judgment, and the number of such judgments that were for the plaintiff. (2) Report to congress.--Not later than 18 months after the end of the 3rd fiscal year in which grant funds are paid under this section, the Secretary shall submit to Congress a report setting forth the data collected under paragraph (1). (3) Cases considered meritorious.--For purposes of paragraph (1), a case is considered meritorious by the medical tribunal if the tribunal found that the evidence would be sufficient to support a finding for the plaintiff, and a case is considered nonmeritorious by the medical tribunal if the tribunal found that the evidence would be insufficient to support a finding for the plaintiff. (g) Medical Malpractice Case Defined.--In this section, the term ``medical malpractice case'' means a civil action against a health care provider in which the plaintiff alleges harm arising from an error or breach of the standard of care by the health care provider in treating the plaintiff. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for fiscal years 2011 through 2013.

Authorizes the Secretary of Health and Human Services (HHS) to make grants to five states to establish pilot programs under which: (1) each medical malpractice case is heard in the first instance by a medical tribunal composed of a state trial court judge, a physician, and a lawyer; and (2) the tribunal shall hear all evidence that would be admissible in state court and determine whether it would be sufficient to support a finding for the plaintiff. Permits the plaintiff to pursue a case through the state's usual judicial process: (1) if the tribunal determines that the evidence would be sufficient; or (2) if the tribunal determines that the evidence would be insufficient, but only after filing with the clerk of the court a bond in an amount determined by the state trial court judge. Permits the Secretary to award a grant to only a state that: (1) has an average cost of medical malpractice insurance that exceeds the national average; and (2) has not placed a limit on noneconomic damages in medical malpractice cases or established a medical tribunal program similar to the one described in this Act. Directs the Secretary to collect from each state that receives grant funds, after the end of the third fiscal year, certain data regarding: (1) changes in the average cost of medical malpractice insurance, the number of physicians actively practicing medicine, the number of medical malpractice liability insurance carriers, the amounts paid by such carriers pursuant to settlements or judgments, and the percentage of medical malpractice cases settled prior to trial; and (2) the number of cases that were considered meritorious by the tribunal, and the number that were considered nonmeritorious, that were tried to a judgment and the number of such judgments that were for the plaintiff.

To authorize the Secretary of Health and Human Services to make grants to 5 States to establish medical malpractice tribunal pilot programs, and for other purposes.

SECTION 1. FINDINGS. The Congress finds the following: (1) Minority business concerns are of vital importance to job growth and the economic strength of the United States but have faced historic exclusion and underutilization in Federal advertising procurement. (2) All departments and agencies within the executive branch with procurement authority should take all necessary steps, as permitted by law, to increase contracting for Federal advertising between the Federal Government and minority business concerns. SEC. 2. RESPONSIBILITIES OF EXECUTIVE DEPARTMENTS AND AGENCIES WITH PROCUREMENT AUTHORITY RELATING TO FEDERAL ADVERTISING PROCUREMENT. (a) In General.--Each executive department and agency with procurement authority shall-- (1) ensure substantial participation in Federal advertising procurements by minority business concerns; (2) ensure that the creation, placement, and transmission of Federal advertising by the department or agency is fully reflective of the diversity of the United States, including ensuring placement with respect to publications and television and radio stations that reach specific ethnic and racial audiences; (3) ensure that payment for Federal advertising is commensurate with fair market rates in the relevant market; (4) structure Federal advertising contracts as commercial acquisitions consistent with part 12 of the Federal Acquisition Regulation to enhance participation by minority business concerns; (5) aggressively seek to ensure that minority business concerns are aware of Federal advertising procurement opportunities through the wide dissemination of contract announcements using the forms of communication which will be most effective in reaching such concerns, including the Internet, speciality press, and trade press; (6) work with the Small Business Administration to ensure that eligible small business concerns receive information regarding sole source Federal advertising contracts awarded under section 8(a) of the Small Business Act (15 U.S.C. 637(a)); (7) ensure that the price evaluation preference programs authorized by section 7102 of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644 note) are used to the maximum extent permitted by law when granting Federal advertising contracts to minority business concerns; (8) aggressively use small business concerns engaged in the advertising industry and certified by the Small Business Administration as eligible to receive benefits under section 8(a) of the Small Business Act (15 U.S.C. 637(a)), particularly those concerns in the developmental stage of the program, so that such concerns have an opportunity to overcome artificial barriers to Federal advertising procurement; (9) take all reasonable steps to ensure that prime contractors meet, or exceed Federal advertising subcontracting goals and enforce Federal advertising subcontracting commitments as required by section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and other related laws, including ensuring that prime contractors actively solicit bids for Federal advertising subcontracting opportunities from minority business concerns and fulfill their subcontracting obligations to such concerns; (10) ensure that-- (A) contracts which involve commitments to subcontract with minority business concerns include clauses providing for the assessment of liquidated damages when such commitments are not met; and (B) such clauses are enforced; (11) encourage the establishment of mentoring and teaming relationships to foster the development of minority business concerns which are engaged in the advertising industry and to facilitate long-term business relationships among such concerns; (12) offer information, training, and technical assistance programs for minority business concerns which are engaged in the advertising industry, including, where appropriate, Government acquisition forecasts in order to assist such concerns in developing their products, skills, business planning practices, and marketing techniques; (13) train procurement officials regarding the policy of including minority business concerns in Federal advertising procurement, including structuring procurements to facilitate participation by such concerns; (14) provide the information required by the Department of Commerce when it requests data to develop the benchmarks used in the price evaluation preference programs authorized by section 7102 of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644 note); and (15) ensure that Directors of Offices of Small and Disadvantaged Business Utilization carry out their responsibilities to maximize the participation of minority business concerns in Federal advertising procurement and, in particular, ensure that the Directors report directly to the head of each department or agency as required by law. (b) Comprehensive Plan.--Each department and agency with procurement authority shall-- (1) not later than 90 days after the date of the enactment of this Act, develop a long-term comprehensive plan to implement the requirements of subsection (a) and submit such plan to the Director of the Office of Management and Budget, who shall review such plan and report to the President on its sufficiency; and (2) not later than April 30 of each year-- (A) assess its efforts and the results of those efforts to increase utilization of minority business concerns which are engaged in the advertising industry as prime contractors and subcontractors; and (B) submit a report regarding those efforts to the President through the Director of the Office of Management and Budget, who shall review the report. SEC. 3. GOVERNMENT-WIDE GOALS FOR FEDERAL ADVERTISING PROCUREMENT CONTRACTS TO SMALL BUSINESS CONCERNS. Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by adding at the end the following new paragraph: ``(3) Application to federal advertising.-- ``(A) In general.--With respect to contracts for Federal advertising, each goal and requirement described in this subsection and subsection (h) which relates to small business concerns, small business concerns owned and controlled by service-disabled veterans, small business concerns owned and controlled by veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or small business concerns owned and controlled by women shall be applied separately with respect to such concerns which are engaged in the advertising industry. ``(B) Federal advertising.--For purposes of this paragraph, the term `Federal advertising' means any product or service which involves the use of media, regardless of the medium employed, to recruit personnel for the Federal Government or to promote any Federal program or the sale or use of any Federal product or service, including any public service announcement and any request for proposal.''. SEC. 4. GENERAL SERVICES ADMINISTRATION SCHEDULES. (a) Increased Participation by Certain Concerns.--The Administrator of the Small Business Administration and the Administrator of General Services shall act promptly to expand inclusion on General Service Administration schedules of small business concerns owned and controlled by socially and economically disadvantaged individuals and other minority business concerns, which are engaged in the advertising industry, and provide greater opportunities for such concerns to participate in orders under such schedules. The Administrator of General Services shall ensure that procurement and program officials at all levels that use such schedules aggressively seek to utilize the schedule contracts of such concerns. (b) Applicability Toward Procurement Goals.--The Administrator of General Services shall allow all executive departments and agencies ordering under the Multiple Award Schedule from small business concerns owned and controlled by socially and economically disadvantaged individuals that are engaged in the advertising industry to count those orders toward their procurement goals with respect to such concerns. SEC. 5. REVIEW OF BUNDLING CONTRACTS. (a) In General.--The head of each executive department and agency shall submit to the Administrator of the Small Business Administration for review any proposed bundling of contract requirements which includes one or more Federal advertising requirements. The determination of the Administrator with regard to the appropriateness of bundling in each instance must be carefully reviewed by the department or agency head, or his or her designee, and must be given due consideration. If there is an unresolvable conflict, the Administrator or the department or agency may seek assistance from the Director of the Office of Management and Budget. (b) Bundling of Contract Requirements.--For purposes of this section, the term ``bundling of contract requirements'' has the meaning given such term in section 3(o)(2) of the Small Business Act (15 U.S.C. 632(o)(2)). SEC. 6. AWARDS PROGRAM. The Secretary of Commerce and the Administrator of the Small Business Administration shall jointly carry out a feasibility study to determine the appropriateness of establishing an awards program for executive departments and agencies that best exemplify the letter and intent of this Act in increasing opportunities for small business concerns owned and controlled by socially and economically disadvantaged individuals and other minority business concerns in Federal advertising procurement. Such study shall be submitted to the President and to Congress on the date that is 90 days after the date of the enactment of this Act. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Federal advertising.--The term ``Federal advertising'' means any product or service which involves the use of media, regardless of the medium employed, to recruit personnel for the Federal Government or to promote any Federal program or the sale or use of any Federal product or service, including any public service announcement and any request for proposal. (2) Minority business concern.--The term ``minority business concern'' means any business concern which would, but for any applicable size standards, be a small business concern owned and controlled by socially and economically disadvantaged individuals. (3) Small business concern owned and controlled by socially and economically disadvantaged individuals.--The term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).

Requires each executive agency with procurement authority to: (1) take specified steps to ensure substantial participation in Federal advertising procurements by minority businesses; (2) develop a long-term comprehensive plan for implementing such requirement; and (3) assess efforts to increase the utilization of minority businesses in the advertising industry as prime contractors and subcontractors.Amends the Small Business Act to require current small business procurement contracting and subcontracting goals with the Government to apply separately to small businesses in the advertising industry.Directs the Administrators of the Small Business Administration (SBA) and General Services (GSA) to expand inclusion on GSA schedules of small businesses owned and controlled by socially and economically disadvantaged individuals and other minority businesses in the advertising industry and to provide greater opportunities for such businesses to participate in orders under such schedules.Requires each executive agency to submit to the SBA Administrator for review any proposed bundling of contract requirements which includes Federal advertising requirements.Directs the Secretary of Commerce and the SBA Administrator to jointly carry out a feasibility study to determine the appropriateness of establishing an awards program for executive agencies for increasing minority business opportunity in Federal advertising procurement.

To create Federal advertising procurement opportunities for minority business concerns, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Blind Persons Return to Work Act of 2009''. SEC. 2. APPLICATION OF EARNINGS TEST IN DETERMINING THE AMOUNT OF MONTHLY INSURANCE BENEFITS FOR BLIND BENEFICIARIES. (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (b)(1)(A), by striking ``benefits under section 202 for any month'' and inserting the following: ``benefits for any month under section 202 or, in the case of an individual who is entitled to disability insurance benefits and whose disability consists of blindness (as defined in section 216(i)(1)), under section 223''; (2) in subsection (f)(1)-- (A) by striking ``entitled for such month under section 202'' the following: ``entitled for such month, under section 202 or, in the case of an individual who is entitled to disability insurance benefits and whose disability consists of blindness (as defined in section 216(i)(1)), under section 223,''; (B) by inserting ``is entitled under section 202 or 223'' after ``payments to which such individual''; and (C) by striking ``subsection (a), (b), (c), (d), (e), (f), (g), or (h) of section 202 (without having been entitled for the preceding month to a benefit under any other of such subsections)'' and inserting ``the provisions of subsection (a), (b), (c), (d), (e), (f), (g), or (h) of section 202 or the provisions of section 223 (without having been entitled for the preceding month to a benefit under any other of such provisions)''; (3) in subsection (f)(3)-- (A) by inserting ``(A)'' after ``(3)''; (B) in the first sentence, by inserting ``subject to subparagraphs (B) and (D),'' after ``subsection (h),'', by striking ``months in such year,'' and inserting ``months in such year.'', and by striking ``except that, in determining'' and inserting the following: ``(B) For purposes of subparagraph (A), notwithstanding section 211(e), the number of months in the taxable year in which an individual dies shall be 12. ``(C) In determining''; (C) by striking the sentence beginning with ``For purposes of the preceding sentence,''; (D) by redesignating the last sentence as subparagraph (E) and, in such subparagraph (E), by striking ``the first sentence of''; and (E) by inserting before subparagraph (E) (as so designated under subparagraph (D) of this paragraph) the following new subparagraph: ``(D) In the case of an individual who is entitled to disability insurance benefits and whose disability consists of blindness (as defined in section 216(i)(1)), the individual's excess earnings for a taxable year shall be 33\1/3\ percent of his earnings for such year in excess of the exempt amount which would be applicable under paragraph (8), to individuals described in subparagraph (D) thereof, if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted.''; (4) in subsection (f)(7), by inserting ``or 223'' after ``section 202''; (5) in subsection (h)(1)(A)-- (A) by inserting ``or 223'' after ``section 202''; and (B) by inserting ``(or, as applicable, the exempt amount determined under subsection (f)(3)(D))'' after ``subsection (f)(8)''; (6) in subsection (h)(2), by inserting ``or 223'' after ``section 202'' each place it appears; and (7) in subsection (h)(3), by inserting ``or 223'' after ``section 202'' each place it appears. (b) Determination of Disability of Blind Individuals Without Regard to Engagement in Substantial Gainful Activity.--Section 223(d) of such Act (42 U.S.C. 423(d)) is amended-- (1) by striking subparagraph (B) and inserting the following: ``(B) in the case of an individual who has attained the age of 55, blindness (as defined in section 216(i)(1).''; and (2) in paragraph (4)(A), by striking the second sentence. SEC. 3. ANNUAL DETERMINATIONS OF DISABILITY BASED ON BLINDNESS. Section 221 of the Social Security Act (42 U.S.C. 421) is amended by adding at the end the following new subsection: ``(n) A determination of the disability of an individual based on blindness may not be reviewed more frequently than annually.''. SEC. 4. REDUCTION IN EXCESS EARNINGS OF BLIND BENEFICIARIES BY THE AMOUNT OF IMPAIRMENT RELATED WORK EXPENSES. Section 203(f)(3)(D) of the Social Security Act (as amended by section 2 of this Act) is amended-- (1) by inserting ``(i)'' after ``(D)''; (2) by striking ``enacted.'' and inserting the following: ``enacted, reduced (to not less than zero) by the allowable amount for impairment related work expenses for the taxable year.''; and (3) by adding at the end the following new clause: ``(ii) For purposes of this subparagraph, the term `allowable amount for impairment related work expenses' means, in connection with the excess earnings of an individual for any taxable year, an amount equal to the greater of-- ``(I) 16.3 percent of such excess earnings, or ``(II) the average amount of impairment related work expenses incurred by individuals entitled to disability insurance benefits during the preceding taxable year, as determined under regulations of the Commissioner of Social Security.''. SEC. 5. ADJUSTMENTS TO EXTENT OF BENEFIT REDUCTION DURING THE YEAR BASED ON SIGNIFICANT CHANGES IN WORK STATUS. Section 203(h) of the Social Security Act (42 U.S.C. 403(h)) is amended by adding at the end the following new paragraph: ``(5) The Commissioner of Social Security shall develop and implement procedures in accordance with this subsection to avoid paying less than the correct amount of benefits to any individual under this title as a result of the occurrence during the taxable year of a termination of employment or a significant reduction in hours of work.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to disability insurance benefits for months in taxable years beginning after 180 days after the date of the enactment of this Act.

Blind Persons Return to Work Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) apply a specified earnings test in the determination of the amount of monthly insurance benefits for blind beneficiaries; (2) limit to once a year any review of a determination of disability based on blindness; and (3) reduce any excess earnings of blind beneficiaries by the amount of impairment related work expenses. Directs the Commissioner of Social Security, with respect to the mandatory annual report of earnings by an individual entitled to a monthly insurance benefit, to develop procedures to avoid paying less than the correct amount of benefits to any such individual as a result, during the year, of a termination of employment or a significant reduction in hours of work.

To amend title II of the Social Security Act to apply an earnings test in determining the amount of monthly insurance benefits for individuals entitled to disability insurance benefits based on blindness.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness and Equity Tax Act of 1995''. SEC. 2. MINIMUM TAX ON FOREIGN AND FOREIGN-OWNED CORPORATIONS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end the following new part: ``PART VIII--MINIMUM TAX ON CERTAIN FOREIGN AND FOREIGN-OWNED CORPORATIONS ``Sec. 59B. Minimum tax on certain foreign and foreign-owned corporations. ``SEC. 59B. MINIMUM TAX ON CERTAIN FOREIGN AND FOREIGN-OWNED CORPORATIONS. ``(a) Imposition of Tax.--In the case of a corporation to which this section applies, the taxable income of such corporation for the taxable year from each category of its business activities shall not be less than 90 percent of the amount determined by applying the applicable profit percentage to the gross receipts of such corporation for the taxable year from such category of business activities. ``(b) Corporations to Which Section Applies.--This section shall apply to a corporation for the taxable year if-- ``(1) such corporation is-- ``(A) a domestic corporation which is 25-percent foreign-owned, or ``(B) a foreign corporation which has gross income which is effectively connected with the conduct of a trade or business within the United States, and ``(2) has substantial foreign-related person transactions during the taxable year. ``(c) Exception Where Alternative Method Approved by the Secretary.-- ``(1) In general.--Subsection (a) shall not apply for purposes of determining the taxable income of any corporation to which this section applies from any category of business activities if, when such corporation files its return for the taxable year, a qualified section 482 agreement is in effect with such corporation for such year with respect to such category. ``(2) Qualified section 482 agreement.--For purposes of this subsection, the term `qualified section 482 agreement' means any agreement between the Secretary and a corporation to which this section applies with respect to the application of this section with respect to all transactions with related parties in any category of business activities of such corporation. The Secretary may enter into such an agreement if, in the Secretary's sole discretion, the Secretary determines that such an agreement will result in a clear reflection of the taxable income of the corporation from the category of activities to which such agreement relates. ``(3) Agreement may be given retroactive effect.--If, when entering into a qualified section 482 agreement, the Secretary determines, in the Secretary's sole discretion, that such agreement should also apply to prior taxable years, the requirement of paragraph (1) that the agreement be in effect when the corporation files its return shall not apply for purposes of applying such agreement to such prior taxable years as may be specified in such agreement. ``(d) Exception Where Secretary Cannot Categorize Activities.--In the case of a corporation whose activities cannot be categorized by the Secretary on the basis of 1 or more 3-digit classifications of the Standard Industrial Classification Code as described in subsection (h)(3), in lieu of subsection (a), there is hereby imposed a minimum tax equal to 35 percent of the product of-- ``(1) 9 percent, and ``(2) the gross receipts of the taxpayer from the sale or leasing of property manufactured by the taxpayer or by any foreign person that is a related party of the taxpayer. ``(e) Waiver in Case of Casualty or Disaster.--This section shall not apply to the extent that the Secretary determines, in the Secretary's sole discretion, that by reason of any casualty or disaster the application of this section would be inequitable. ``(f) Treatment of Foreign Taxes.--For purposes of this section, taxable income shall be determined without regard to any income, war profits, or excess profits taxes paid to any foreign country or to any possession of the United States. ``(g) Applicable Profit Percentage.-- ``(1) In general.--For each calendar year after 1995, the Secretary shall prescribe an applicable profit percentage for each category of business activities. Such percentage shall apply to taxable years beginning in the calendar year for which prescribed. ``(2) Based on average earnings rates.--The applicable profit percentage prescribed under paragraph (1) for any category of business activities shall be based on the average earnings rates of domestic corporations which had taxable income from such category of business activities. ``(3) Earnings rate.--The earnings rate of any domestic corporation for any category of business activities shall be based on the ratio of-- ``(A) the adjusted book income of the domestic corporation from such activity, to ``(B) the gross receipts of such domestic corporations from such activities. For purposes of the preceding sentence, the term `adjusted book income' means income as reported for financial purposes but disregarding any reduction for any income, war profits, or excess profits taxes imposed by the United States, any possession of the United States, or any foreign country. ``(h) Definitions and Special Rules.--For purposes of this section: ``(1) 25-percent foreign owned.--The term `25-percent foreign-owned', `foreign person', and `related party' have the respective meanings given such terms by section 6038A(c). ``(2) Substantial foreign-related person transactions.--A corporation has substantial foreign-related person transactions for a taxable year if the aggregate amount involved in transactions with related parties who are foreign persons during such taxable year exceeds the lesser of $2,000,000 or 10 percent of the gross income of the corporation for such taxable year. Only amounts which are taken into account in the determination of taxable income of the corporation shall be taken into account under the preceding sentence. ``(3) Category of business activities.--Business activities shall be categorized by reference to the 3-digit classification of the Standard Industrial Classification Code. The Secretary may provide for the aggregation of 2 or more 3-digit classifications where appropriate and for a classification system other than the Standard Industrial Classification Code in appropriate cases.'' (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VIII. Minimum tax on certain foreign and foreign-owned corporations.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Fairness and Equity Tax Act of 199 5 - Amends the Internal Revenue Code to impose, with specified exceptions, a minimum tax on: (1) a domestic corporation which is 25 percent foreign-owned; or (2) a foreign corporation which has gross income which is effectively connected with the conduct of a trade or business within the United States and has substantial foreign-related person transactions during the taxable year.

Fairness and Equity Tax Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Treatment of Investors Act''. SEC. 2. SECURITIES INVESTOR PROTECTION ACT OF 1970 AMENDMENTS. (a) Net Equity Based on Last Statement.--Section 16(11) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(11)) is amended to read as follows: ``(11) Net equity.-- ``(A) In general.--The term `net equity' means the dollar amount of the account or accounts of a customer, to be determined by-- ``(i) calculating the sum which would have been owed by the debtor to such customer if the debtor had liquidated, by sale or purchase on the filing date-- ``(I) all securities positions of such customer (other than customer name securities reclaimed by such customer); and ``(II) all positions in futures contracts and options on futures contracts held in a portfolio margining account carried as a securities account pursuant to a portfolio margining program approved by the Commission, including all property collateralizing such positions, to the extent that such property is not otherwise included herein; minus ``(ii) any indebtedness of such customer to the debtor on the filing date; plus ``(iii) any payment by such customer of such indebtedness to the debtor which is made with the approval of the trustee and within such period as the trustee may determine (but in no event more than sixty days after the publication of notice under section 8(a)). ``(B) Treatment of certain commodity futures contracts.--A claim for a commodity futures contract received, acquired, or held in a portfolio margining account pursuant to a portfolio margining program approved by the Commission or a claim for a security futures contract, shall be deemed to be a claim with respect to such contract as of the filing date, and such claim shall be treated as a claim for cash. ``(C) Treatment of accounts held by a customer in separate capacities.--In determining net equity under this paragraph, accounts held by a customer in separate capacities shall be deemed to be accounts of separate customers. ``(D) Reliance on final customer statement.-- ``(i) In general.--In determining net equity under this paragraph, the positions, options, and contracts of a customer held by the debtor, and any indebtedness of the customer to the debtor, shall be determined based on-- ``(I) the information contained in the last statement received by the customer from the debtor before the filing date; and ``(II) any additional specific confirmations of the customer's positions, options, contracts, or indebtedness received after such last statement but before the filing date. ``(ii) Fraud exception.--The provisions of this subparagraph shall not apply to any customer that-- ``(I) knew the debtor was involved in fraudulent activity with respect to any customer of the debtor; or ``(II) was a person that-- ``(aa) was, or was required to be, registered with the Securities and Exchange Commission under the securities laws (as such term is defined under section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))); ``(bb) knew, or should have known, that the debtor was involved in fraudulent activity with respect to any customer of the debtor; and ``(cc) did not notify SIPC, the Commission, or law enforcement personnel that the debtor was involved in such fraudulent activity.''. (b) Prohibition on Certain Recoveries.--Section 8 of the Securities Investor Protection Act of 1970 (15 U.S.C. 78fff-2) is amended by adding at the end the following new subsection: ``(g) Prohibition on Certain Recoveries.--Notwithstanding any other provision of this Act, a trustee may not recover any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, such customer-- ``(1) knew the debtor was involved in fraudulent activity with respect to any customer of the debtor; or ``(2) was a person that-- ``(A) was, or was required to be, registered with the Securities and Exchange Commission under the securities laws (as such term is defined under section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))); ``(B) knew, or should have known, that the debtor was involved in fraudulent activity with respect to any customer of the debtor; and ``(C) did not notify SIPC, the Commission, or law enforcement personnel that the debtor was involved in such fraudulent activity.''. (c) Appointment of Trustees.-- (1) In general.--Section 5(b)(3) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(b)(3)) is amended to read as follows: ``(3) Appointment of trustee and attorney.-- ``(A) In general.--If the court issues a protective decree under paragraph (1), such court shall forthwith appoint, as trustee for the liquidation of the business of the debtor and as attorney for the trustee, such persons as the court determines best fit to serve as trustee and as attorney from among the persons selected by the Commission pursuant to subparagraph (B). The persons appointed as trustee and as attorney for the trustee may be associated with the same firm. ``(B) Commission candidates.--With respect to a debtor and upon the court issuing a protective decree under paragraph (1), the Commission shall forthwith provide the court with a list of candidates for the position of trustee and attorney for the trustee for such debtor. ``(C) Disinterest requirement.--No person may be appointed to serve as trustee or attorney for the trustee if such person is not disinterested within the meaning of paragraph (6), except that for any specified purpose other than to represent a trustee in conducting a liquidation proceeding, the trustee may, with the approval of SIPC and the court, employ an attorney who is not disinterested. ``(D) Qualification.--A trustee appointed under this paragraph shall qualify by filing a bond in the manner prescribed by section 322 of title 11, United States Code.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect with respect to trustees and attorneys appointed after the date of the enactment of this Act. SEC. 3. EFFECTIVE DATE. Except as provided under section 2(c)(2), the amendments made by section 2 shall take effect with respect to a liquidation proceeding under the Securities Investor Protection Act of 1970 that-- (1) was in progress on the date of the enactment of this Act; or (2) is initiated after the date of the enactment of this Act.

Equitable Treatment of Investors Act - Amends the Securities Investor Protection Act of 1970 to revise the definition of "net equity." Declares also that, in determining net equity, the positions, options, and contracts of a customer held by the debtor, and any indebtedness of the customer to the debtor, shall be determined based on: (1) the information contained in the last statement received by the customer from the debtor before the filing date; and (2) any additional specific confirmations of the customer's positions, options, contracts, or indebtedness received after such last statement but before the filing date. Prohibits reliance on the final statement of the debtor to customer, however, if the customer: (1) knew the debtor was involved in fraudulent activity with respect to any of its customers; or (2) as a registrant under the securities laws, or a person required to be so registered, knew, or should have known, that the debtor was involved in such a fraudulent activity and did not notify the Securities Investor Protection Corporation (SIPC), the Securities Exchange Commission (SEC), or law enforcement personnel that the debtor was so involved. Prohibits a trustee in a liquidation proceeding from recovering any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, the customer meets the same critieria. Transfers from SIPC to the SEC authority to nominate to a court persons for appointment as trustee for the liquidation of a debtor's business and as attorney for the trustee.

To amend the Securities Investor Protection Act of 1970 to determine a customer's net equity based on the customer's last statement, to prohibit certain recoveries, to change how trustees are appointed, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in Permanency for Youth in Foster Care Act''. SEC. 2. EXTEND THE ADOPTION INCENTIVE PAYMENT PROGRAM TO INCENTIVE PAYMENTS FOR FOSTER CHILD EXITS TO REUNIFICATION, ADOPTION, AND GUARDIANSHIP. (a) In General.--Section 473A of the Social Security Act (42 U.S.C. 673b) is amended-- (1) in the section heading, by striking ``adoption'' and inserting ``permanency''; (2) in subsection (a), by striking ``adoption'' and inserting ``permanency''; (3) in subsection (b)-- (A) by striking paragraph (2); (B) in paragraph (5), by striking ``2008 through 2012'' and inserting ``2013 through 2017''; and (C) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (4) in subsection (c)-- (A) by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--A State is in compliance with this subsection for a particular fiscal year if the State has provided to the Secretary the data described in paragraph (2) for fiscal year 2010 and each succeeding fiscal year through the fiscal year second preceding the particular fiscal year. ``(2) Determination of numbers of exits based on afcars data.--The Secretary shall determine the numbers of exits to reunification, adoption, and guardianship in a State during a fiscal year, on the basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and approved by the Secretary by August 1 of the succeeding fiscal year.''; and (B) by adding at the end the following: ``(4) Annual reports to the secretary.--Beginning 24 months after the effective date of this paragraph, each State to which a payment is made under this section for a fiscal year shall submit to the Secretary and shall make available to the public annual reports on the amount of the payment that is attributable to exits to reunification, the amount that is attributable to exits to adoption, and the amount that is attributable to exits to guardianship, and a breakdown of how the State used the total payment to improve or expand the provision of post-permanency services in the State.''; (5) by striking subsection (d) and inserting the following: ``(d) Permanency Incentive Payment.-- ``(1) In general.--Except as provided in paragraph (2), the permanency incentive payment payable to a State for a fiscal year under this section shall be equal to the sum of-- ``(A) $2,000, multiplied by the sum of-- ``(i) the amount (if any) by which the number of exits to adoption in the State during the fiscal year exceeds the projected number of exits to adoption in the State for the fiscal year; ``(ii) the amount (if any) by which the number of exits to guardianship in the State during the fiscal year exceeds the projected number of exits to guardianship in the State for the fiscal year; and ``(iii) the amount (if any) by which the number of exits to reunification in the State during the fiscal year exceeds the projected number of exits to reunification in the State for the fiscal year; ``(B) $8,000, multiplied by the sum of-- ``(i) the amount (if any) by which the number of exits to adoption of older children in the State during the fiscal year exceeds the number of exits to adoption of older children in the State for the base fiscal year; ``(ii) the amount (if any) by which the number of exits to guardianship of older children in the State during the fiscal year exceeds the number of exits to guardianship of older children in the State for the base fiscal year; and ``(iii) the amount (if any) by which the number of exits to reunification of older children in the State during the fiscal year exceeds the number of exits to reunification of older children in the State for the base fiscal year; ``(C) $6,000, multiplied by the sum of-- ``(i) the amount (if any) by which the number of exits to adoption of pre-adolescent children in the State during the fiscal year exceeds the number of exits to adoption of pre- adolescent children in the State for the base fiscal year; ``(ii) the amount (if any) by which the number of exits to guardianship of pre- adolescent children in the State during the fiscal year exceeds the number of exits to guardianship of pre-adolescent children in the State for the base fiscal year; and ``(iii) the amount (if any) by which the number of exits to reunification of pre- adolescent children in the State during the fiscal year exceeds the number of exits to reunification of pre-adolescent children in the State for the base fiscal year; and ``(D) $4,000, multiplied by the amount (if any) by which the number of special needs adoptions of young children in the State during the fiscal year exceeds the number of special needs adoptions of young children in the State for the base fiscal year. ``(2) Pro rata adjustment if insufficient funds available.--For any fiscal year, if the total amount of permanency incentive payments otherwise payable under this section for a fiscal year exceeds the amount appropriated pursuant to subsection (h) for the fiscal year, the amount of the permanency incentive payment payable to each State under this section for the fiscal year shall be-- ``(A) the amount of the permanency incentive payment that would otherwise be payable to the State under this section for the fiscal year; multiplied by ``(B) the percentage represented by the amount so appropriated for the fiscal year, divided by the total amount of permanency incentive payments otherwise payable under this section for the fiscal year.''; (6) in subsection (f), by striking ``any service (including post-adoption services) that may be provided under part B or E.'' and inserting ``post-permanency services to help ensure that children remain with the families with whom they have been reunified, adopted, or placed for guardianship, and a State shall not use the amount to supplant other funds being used for the services.''; (7) by striking subsection (g) and inserting the following: ``(g) Definitions.--In this section: ``(1) Adoption.--The term `adoption' means the final adoption of a child who, at the time of adoptive placement, was in foster care under the supervision of the State. ``(2) Base fiscal year.--The term `base fiscal year' means fiscal year 2012. ``(3) Exit to reunification.--The term `exit to reunification' means, with respect to a State and a fiscal year, the permanent reunification of a child who was in foster care under the responsibility of the State for a period of at least 90 consecutive days in the fiscal year, excluding any such placement of children who returned to foster care in the fiscal year. ``(4) Foster children.--The term `foster children' means, with respect to a State and a fiscal year, children in foster care under the responsibility of the State for a period of at least 90 consecutive days in the fiscal year. ``(5) Guardianship.--The term `guardianship' means the placement with a relative guardian of a child with respect to whom-- ``(A) a payment is made under section 474(a)(5); or ``(B) a payment is made using only State or local guardianship assistance funds, and the case plan for the child documents the steps that the agency has taken to determine that it is not appropriate for the child to be returned home or adopted. ``(6) Older children.--The term `older children' means children who have attained 14 years of age. ``(7) Adoption placement rate.--The term `adoption placement rate' means, with respect to a State and a fiscal year-- ``(A) the total number of exits to adoption in the State during the fiscal year; divided by ``(B) the number of children in foster care under the responsibility of the State on the last day of the preceding fiscal year. ``(8) Guardianship placement rate.--The term `guardianship placement rate' means, with respect to a State and a fiscal year-- ``(A) the total number of exits to guardianship in the State during the fiscal year; divided by ``(B) the number of children in foster care under the responsibility of the State on the last day of the preceding fiscal year. ``(9) Reunification placement rate.--The term `reunification placement rate' means, with respect to a State and a fiscal year-- ``(A) the total number of exits to reunification in the State during the fiscal year; divided by ``(B) the number of foster children with respect to the State for the fiscal year. ``(10) Post-permanency services.--The term `post-permanency services' means the services needed once children and youth have been reunified, adopted, or placed with guardians to stabilize and support the child and family, including-- ``(A) financial support; ``(B) case management; ``(C) connections with community services; ``(D) individual, group and family counseling and other mental health services; ``(E) respite care; and ``(F) training of public and private child welfare staff on delivering post-permanency services. ``(11) Pre-adolescent children.--The term `pre-adolescent children' means children who have attained 9 years of age but have not attained 14 years of age. ``(12) Projected number of exits to adoption.--The term `projected number of exits to adoption' means, with respect to a State and a fiscal year-- ``(A) the number of children in foster care under the responsibility of the State as of the last day of the preceding fiscal year; multiplied by ``(B) the average of the adoption placement rates for the State for the 3 fiscal years most recently preceding the fiscal year referred to in subparagraph (A). ``(13) Projected number of exits to guardianship.--The term `projected number of exits to guardianship' means, with respect to a State and a fiscal year-- ``(A) the number of children in foster care under the responsibility of the State as of the last day of the preceding fiscal year; multiplied by ``(B) the average of the guardianship placement rates for the State for the 3 fiscal years most recently preceding the fiscal year referred to in subparagraph (A). ``(14) Projected number of exits to reunification.--The term `projected number of exits to reunification' means, with respect to a State and a fiscal year-- ``(A) the number of foster children with respect to the State for the fiscal year; multiplied by ``(B) the average of the reunification placement rates for the State for the 3 fiscal years most recently preceding the fiscal year referred to in subparagraph (A). ``(15) Reunification.--The term `reunification' means an exit from foster care to a relative with whom the child was living before the placement into foster care or to another relative. ``(16) Special needs adoption.--The term `special needs adoption' means the final adoption of a child-- ``(A) who has special needs (as defined by the State); or ``(B) for whom an adoption assistance agreement is in effect under section 473. ``(17) Young children.--The term `young children' means children who have not attained 9 years of age.''; (8) in subsection (h)(1)-- (A) by striking ``and'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (C) by adding at the end the following: ``(E) $60,000,000 for each of fiscal years 2014 through 2018.''; and (9) in subsection (i)-- (A) by striking paragraphs (1) through (3) and inserting the following: ``(1) In general.--The Secretary may, directly or through grants or contracts, provide technical assistance to assist States and local communities to reach their targets for increased numbers of exits to adoption, guardianship, and reunification. ``(2) Description of the character of the technical assistance.--The technical assistance provided under paragraph (1) shall support the goal of encouraging more permanent exits of children from foster care, and may include the following: ``(A) Models that encourage child-specific and child-focused efforts to recruit permanent families for children. ``(B) Models that encourage the use of intensive family-finding efforts. ``(C) Models to encourage the use of concurrent planning. ``(D) The development of permanency units and specialized expertise to help move children promptly to permanency goals. ``(E) The development of assessment tools to facilitate appropriate reunification or other permanency options. ``(F) The development of best practice guidelines for expediting permanency for children and, where, appropriate, termination of parental rights. ``(G) Development of programs that place children into pre-adoptive families while termination of parental rights is being pursued. ``(H) Models to encourage the fast tracking of children who have not attained 1 year of age and cannot be reunified, into permanent adoptive or guardianship families. ``(I) Models that require ongoing consulting with children who have attained 9 years of age about their permanency goal, including asking the children and youth about any adults who may serve as permanent parents through adoptions or guardianship. ``(J) Development of strategies designed to promote the use by a State of the guardianship assistance program under this part.''; and (B) in paragraph (4)-- (i) by striking ``(4)'' and inserting ``(3)''; and (ii) by striking ``2004 through 2006'' and inserting ``2014 through 2018''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2013.

Investing in Permanency for Youth in Foster Care Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to extend through FY2017 the Adoption Incentive Payment Program and rename it the Permanency Incentive Program. Requires the Secretary of Health and Human Services (HHS) to determine the number of foster child exits to reunification, adoption, and guardianship (currently, the number of foster child adoptions, special needs adoptions, and older child adoptions) in a state during a fiscal year based on AFCARS data. Replaces adoption incentive payments with specified permanency incentive payments.

Investing in Permanency for Youth in Foster Care Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Document Fraud Prevention Act of 1993''. SEC. 2. ISSUANCE OF NEW IDENTIFICATION CARDS FOR ALIENS. (a) In General.--The Attorney General shall cause to be issued new registration and identification cards to all aliens who are qualified to hold employment in the United States for the purpose of providing proof of employment eligibility under section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). (b) Requirements.--(1) Each new registration and identification card issued under subsection (a) shall-- (A) be in a form which is resistant to counterfeiting and tampering; (B) be designed in such a manner so that an employer can reliably determine that-- (i) the person with the bearer's claimed identity is eligible to be employed in the United States, and (ii) the bearer is not claiming the identity of another individual; (C) contain a photograph and other identifying information (such as date of birth, sex, and distinguishing marks) that would allow an employer to determine with reasonable certainty that the bearer is not claiming the identity of another individual; (D) in the case of a card issued to-- (i) a work-eligible nonimmigrant admitted under section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), (ii) an alien admitted for temporary residence under section 210 of such Act (8 U.S.C. 1160), (iii) an alien granted temporary protected status under section 244A of such Act (8 U.S.C. 1254a), and (iv) an alien authorized to work by the Immigration and Naturalization Service pending a final determination of deportability, shall specify the expiration date of the work authorization on the face of the card; and (E) shall specify the alien's admission number or alien file number. (2) The new card shall be valid for a period of 10 years and must be reissued to remain valid after the 10th anniversary of the date of its issue. (3) The new card shall note on its face whether work authorization is restricted. (4) An employer, for purposes of satisfying the requirements of section 274A(b) of the Immigration and Nationality-- (A) may require an alien seeking employment to produce the new card as proof of employment eligibility, and (B) may inquire whether an applicant's limited work authorization has expired or has been reauthorized at the end of a work authorization period. Such a requirement or inquiry shall not constitute an unfair immigration-related employment practice under section 274B of such Act. SEC. 3. IMPLEMENTATION. (a) In General.--Each alien who is authorized to be employed in the United States shall, on or before October 1, 1994, turn in any alien registration and identification card which is in the alien's possession at any post office or office of the Immigration and Naturalization Service. No resident alien shall receive the new card until-- (1) the alien-- (A) has surrendered the old green card, (B) has provided proof of identity, (C) has provided such other documents as may be required under law, and (D) has paid a fee (not to exceed $75) that is reasonable and sufficient to cover the costs of administration of this section; and (2) the Service has verified the lawful status of the alien. The Attorney General may waive payment of the fee under paragraph (1)(D) (or reduce the amount of such fee) if the alien provides satisfactory evidence that the alien cannot afford the full fee. (b) Posting of Notices.--Notices of the requirement of subsection (a) shall be posted in all post offices and Immigration and Naturalization Service offices and published in local newspapers during fiscal year 1994. (c) Invalidity of Old Cards.--Any alien registration or identification card for permanent resident aliens, other than an alien registration and identification card issued under this section, shall be invalid as of midnight of October 1, 1997. (d) Use of New Cards Under SAVE Program.-- (1) In general.--Section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)) is amended-- (A) in paragraph (2), by striking ``either'' and all that follows through the end and inserting the following: ``a registration and identification card issued under section 2(a) of the Immigration Document Fraud Prevention Act of 1993.'', (B) in paragraph (3), by striking ``paragraph (2)(A)'' and inserting ``paragraph (2)'', and (C) in paragraph (4), by striking ``paragraph (2)(A)'' and inserting ``such paragraph''. (2) Housing assistance.--Section 214(d) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(d)) is amended-- (A) in paragraph (2), by striking ``either'' and all that follows through the end and inserting the following: ``a registration and identification card issued under section 2(a) of the Immigration Document Fraud Prevention Act of 1993.'', (B) in paragraph (3), by striking ``paragraph (2)(A)'' and inserting ``paragraph (2)'', (C) in paragraph (4), by striking ``paragraph (2)(A)'' the first place it appears and inserting ``paragraph (2)'', and (D) in paragraph (4), by striking ``paragraph (2)(A)'' the second place it appears and inserting ``such paragraph''. (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 1997. SEC. 4. NO NATIONAL IDENTITY CARD. The new card described in section 2-- (1) shall not be considered a national identity card; (2) shall not be issued to any citizen or national of the United States; and (3) shall-- (A) not be required to be carried on one's person, and (B) not be required to be presented other than-- (i) upon request by a prospective employer for any purposes other than under this section or under sections 1001, 1023, 1566, and 1621 of title 18, United States Code, or to satisfy the requirements of section 274A of the Immigration and Nationality Act, or (ii) for purposes of carrying out section 1137(d) of the Social Security Act or section 214(d) of the Housing and Community Development Act of 1980. SEC. 5. EMPLOYER EDUCATION PROGRAM. The Attorney General, in consultation with the Secretary of Labor, the Administrator of the Small Business Administration, and the Commissioner of the Internal Revenue, shall conduct a nationwide program to inform employers about their responsibilities under the Immigration and Nationality Act and the uses of the new alien registration and identification cards issued under this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $5,000,000 for each of fiscal years 1994 and 1995 to carry out this Act. SEC. 7. STRONGER PENALTIES FOR IMMIGRATION FRAUD. (a) Fraud and Misuse of Visas, Permits, and Other Documents.-- Section 1546(a) of title 18, United States Code, is amended by striking ``five years'' each place it appears and inserting ``10 years''. (b) Fraud and Related Activity in Connection with Identification Documents.--Section 1028(b)(1) of title 18, United States Code, is amended by striking ``five years'' and inserting ``10 years''. SEC. 8. EMPLOYMENT ELIGIBILITY VERIFICATION DEMONSTRATION PROJECT. The Attorney General shall continue to conduct the demonstration projects under section 274A of the Immigration and Nationality Act in order to establish if it is feasible to determine the employment eligibility of aliens authorized to work in the United States through the use of a telephone and computation capability that is available on the date of enactment of this Act. The Attorney General shall submit a report to Congress on such projects by not later than October 1, 1994.

Immigration Document Fraud Prevention Act of 1993 - Provides for: (1) the replacement of current green cards with new counterfeit-resistant identification cards (which shall not be considered national identity cards) for all permanent resident aliens eligible to work in the United States; (2) a national program to educate employers about their responsibilities under the Immigration and Nationality Act and the uses of such cards; and (3) a demonstration program to determine the feasibility of a computerized telephone worker verification system for employers. Increases immigration fraud penalties.

Immigration Document Fraud Prevention Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Excellence in Cybersecurity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Cybercrime is one of the preeminent threats facing the United States today, and presents a cumulative national security, economic, and individual threat unlike any before it. (2) The total global cost of cybercrime is estimated to be $1,000,000,000,000 per year and represents one of the greatest transfers of wealth in the history of the world. (3) Cybercrime surveys have found that the solutions to cybersecurity threats are multi-pronged and go beyond increased data sharing and threat analysis. (4) Many leaders of organizations do not know who is responsible for the cybersecurity needs of their organization or industry. These leaders also underestimate the capabilities of their adversaries in cybercrime and the strategic, financial, reputational, and regulatory risks those adversaries pose to organizations. (5) Security experts are not effectively communicating best practices to address cyberthreats, cyberattacks, and defensive technologies. (6) Cybersecurity experts believe there are 4 key factors that impact the vulnerability of an organization to cybercrime: (A) Understanding the changes to and best practices for the current threat environment. (B) Strategy and execution of a cybersecurity program. (C) The identification of key assets in need of protection. (D) The ability to develop relationships with similar organizations to develop protection within the industry ecosystem. (7) It is essential that the United States prioritize the development of organizational relationships and best practices of specific industries to help protect those industries against threats to cybersecurity. SEC. 3. VERTICAL CENTERS OF EXCELLENCE ON CYBERSECURITY. (a) Establishment.--The Director of the National Institute of Standards and Technology shall establish 5 Vertical Centers of Excellence on Cybersecurity. (b) Mission.--Each Center shall convene experts and individuals in the industry that is the focus of the work of that Center for the purposes of-- (1) identifying and analyzing existing and future cybersecurity challenges faced by various industries; (2) creating solutions and promoting best practices to address such challenges; and (3) collaborating with individuals in those industries to share knowledge. (c) Requirements.--In establishing each Center under subsection (a), the Director, not later than 6 months after the date of enactment of this Act, shall select-- (1) a particular industry that faces cybersecurity challenges to be the focus of the work of that Center; (2) a manager to be responsible for the administrative functions of that Center; and (3) the location of that Center pursuant to subsection (d). (d) Location Requirements.--The Director shall seek to ensure that each Center is located a sufficient geographical distance from another Center and shall select a location for each Center based on-- (1) proximity to the geographical location of a number of businesses operating in the industry selected pursuant to subsection (c)(1); (2) accessibility to the experts selected pursuant to section 5; and (3) the capacity of the facilities at the Center to convene, and promote collaboration among, experts and individuals in that industry. (e) Partnerships.--The Director may establish partnerships with public or nonprofit entities to provide services for a Center established under subsection (a). SEC. 4. DUTIES OF CENTERS. (a) In General.--The Director and the manager of each Center shall jointly select a group of experts, consistent with the requirements in section 5, to carry out the duties described in subsection (b). (b) Duties of Experts.--The experts at each Center shall-- (1) identify and analyze existing and future cybersecurity challenges faced by the industry selected pursuant to section 2(c)(1); (2) create solutions to those cybersecurity challenges that are cost-effective, repeatable, and scalable; (3) collaborate, convene discussions, and share knowledge with individuals in that industry to accomplish the work of the Center; and (4) create educational programs to promote best practices in cybersecurity for such individuals. (c) Requirements of Centers.--Each Center shall-- (1) work within the Cybersecurity Framework created pursuant to section 7 of Executive Order 13636, entitled ``Improving Critical Infrastructure Cybersecurity'' (78 Fed. Reg. 11739); (2) collaborate with each of the other Centers to share relevant information; (3) encourage the development of relationships among individuals in the industry selected pursuant to section 2(c)(1); and (4) share the best practices and lessons learned from the work of the Center with those individuals. (d) Confidentiality.--The Director, in consultation with individuals in the industry selected pursuant to section 2(c)(1), shall establish procedures to ensure the confidentiality of the information handled by the Centers. The Centers shall be exempt from the requirements set forth in section 552(b) of title 5, United States Code (commonly known as the Freedom of Information Act). SEC. 5. REQUIREMENTS FOR EXPERTS. (a) Number and Compensation.--The Director shall determine-- (1) the number of experts at each Center; and (2) the compensation for each expert selected. (b) Qualifications.--Experts shall have experience in government, academia, or the particular industry that is the focus of the work of the Center, and any other qualifications the Director may determine. SEC. 6. REPORT. Not later than 1 year after the date of enactment of this Act, the Director shall submit a report to Congress describing the cybersecurity challenges, solutions, and best practices addressed by each Center. SEC. 7. DEFINITIONS. In this Act: (1) Center.--The term ``Center'' means a Vertical Center of Excellence on Cybersecurity established under section 2(a). (2) Director.--The term ``Director'' means the Director of the National Institute of Standards and Technology. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director for each of fiscal years 2014 through 2019 $25,000,000 to carry out this Act. Amounts appropriated pursuant to this section shall be subdivided into 5 equal amounts to be distributed to each Center.

Excellence in Cybersecurity Act - Requires the Director of the National Institute of Standards and Technology (NIST) to establish five Vertical Centers of Excellence on Cybersecurity to: (1) identify and analyze existing and future cybersecurity challenges faced by various industries, (2) create solutions and promote best practices to address such challenges, and (3) collaborate with individuals in those industries to share knowledge. Requires the Director to select for each Center: (1) a manager, (2) an appropriate location, and (3) a particular industry to be the focus of its work. Requires the Director and each manager to jointly select a group of experts to: (1) identify and analyze existing and future cybersecurity challenges faced by the industry selected for the Center; (2) create cost-effective, repeatable, and scalable solutions; (3) collaborate, convene discussions, and share knowledge with individuals in that industry; and (4) create educational programs to promote best practices for such individuals. Directs each Center to: (1) work within the Cybersecurity Framework created pursuant to Executive Order 13636, entitled "Improving Critical Infrastructure Cybersecurity"; (2) collaborate with each of the other Centers; (3) encourage relationships among individuals in the industry selected for the Center; and (4) share best practices and lessons learned from the work of the Center with those individuals. Requires the Director to submit to Congress a report describing the cybersecurity challenges, solutions, and best practices addressed by each Center.

Excellence in Cybersecurity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Shipper Fairness Act of 2015''. SEC. 2. IMPROVING RAIL SERVICE. (a) Common Carrier Obligations.--Section 11101(a) of title 49, United States Code, is amended by inserting ``, as necessary for the efficient and reliable transportation based on the shipper's reasonable service requirements,'' after ``the transportation or service''. (b) Emergency Service Orders.--Section 11123(b) of such title is amended by adding at the end the following: ``(4) The Board may issue emergency service orders that cover shipments moving under contract if such shipments are part of a regional service order issued in accordance with this section.''. (c) Reports.--Section 11145(a) of such title is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) reports, service plans, or other documents that cover shipments moving under contract if such shipments are part of a general report, service plan, or other document that generally covers the geographic area or commodity; and''. (d) Equitable Relief; Damages.--Section 11704 of such title is amended-- (1) in subsection (a), by inserting ``or subjected to inadequate or deficient service'' after ``injured''; (2) by amending subsection (b) to read as follows: ``(b) A rail carrier providing transportation subject to the jurisdiction of the Board under this part is liable-- ``(1) for damages sustained by a person as a result of an act or omission of that carrier in violation of this part; ``(2) to a person for amounts charged to that person that exceed the applicable rate for the transportation; and ``(3) to a person for damages or equitable relief as a result of inadequate or deficient service in violation of this part.''; and (3) in subsection (c), by adding at the end the following: ``(3) The Board may order a rail carrier to pay damages or to provide equitable relief, as appropriate, to a person subjected to inadequate or deficient service as a result of a violation of this part by that carrier.''. (e) Fines.--Section 11901 of such title is amended-- (1) in subsection (a), by striking ``$5,000'' and inserting ``$25,000''; (2) in subsection (c), by striking ``$5,000'' and inserting ``$25,000''; and (3) in subsection (e), by striking ``$100'' each place such term appears and inserting ``$1,000''. SEC. 3. IMPROVING RAIL COMPETITION. (a) Rail Transportation Policy.--Section 10101 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (14) and (15) as paragraphs (15) and (16), respectively; and (2) by inserting after paragraph (13) the following: ``(14) to provide for and promote the protection of the shipping public;''. (b) Rates.--Section 10705 of such title is amended by adding at the end the following: ``(d) Shippers may obtain rates to or from any interchange points of 2 or more rail carriers.''. (c) Market Dominance.--Section 10707(b) of such title is amended by inserting ``A rail carrier could have market dominance even in circumstances in which a shipper is served by 2 carriers.'' after ``the rate applies.''. (d) Terminal Facilities.--Section 11102(c) of such title is amended to read as follows: ``(c)(1) Except as provided in paragraph (2), the Board shall require a Class 1 rail carrier to enter into a competitive switching agreement if a shipper or receiver, or a group of shippers or receivers, files a petition with the Board that demonstrates, to the satisfaction of the Board, that-- ``(A) the facilities of the shipper or receiver for whom such switching is sought are served by rail only by a single, Class I rail carrier; and ``(B) subject to paragraph (4), there is, or can be a working interchange between-- ``(i) the Class I rail carrier serving the shipper or receiver for whom such switching is sought; and ``(ii) another rail carrier within a reasonable distance of the facilities of such shipper or receiver. ``(2) Competitive switching may not be imposed under this subsection if-- ``(A) either rail carrier between which such switching is to be established demonstrates that the proposed switching is not feasible or is unsafe; or ``(B) the presence of reciprocal switching will unduly restrict the ability of a rail carrier to serve its own shippers. ``(3) The requirement set forth in paragraph (1)(B) is satisfied if each facility of the shipper or receiver for which competitive switching is sought is-- ``(A) within the boundaries of a terminal of the Class I rail carrier; or ``(B) within a 100-mile radius of an interchange between the Class I rail carrier and another carrier at which rail cars are regularly switched.''. SEC. 4. IMPROVING REASONABLE RATE STANDARDS. (a) Stand-Alone Cost Cases.--Section 10702 of title 49, United States Code, is amended-- (1) by inserting ``(a)'' before ``A rail carrier''; and (2) by adding at the end the following: ``(b)(1) The Board shall prohibit a rail carrier providing transportation subject to the jurisdiction of the Board under this part to charge the challenged rate for providing such transportation to rail customers while a maximum reasonable rate case brought by such rail customers is pending before the Board. ``(2) A rail customer may file a maximum reasonable rate case with the Board after the date that is 2 years before the date on which a common carrier shipment rate is anticipated to begin. ``(3) The Board may not use cross-subsidy tests in deciding stand- alone cost cases. ``(4) The Board shall use market-based revenue divisions methodology in deciding stand-alone cost cases. ``(5) In a stand-alone cost case, if the Board determines that the rail carrier is revenue adequate, the rail carrier shall have the burden of proof to demonstrate that the railroad carrier is charging a reasonable rate.''. (b) Market Dominance.--Section 10707 of such title, as amended by section 3(c), is further amended-- (1) in subsection (d)(1)(B), by adding at the end the following ``A shipper may introduce movement-specific Uniform Rail Costing System cost calculations.''; and (2) by adding at the end the following: ``(e) In making a determination under this section, the Board may not utilize a qualitative analysis in which the Board attempts to identify any feasible transportation alternatives that could be used by the shipper.''. SEC. 5. REVENUE ADEQUACY. (a) Elimination of Revenue Adequacy Test.--Section 10704(a) of title 49, United States Code, is amended by striking paragraph (3). (b) Railroad Cost of Capital.--Section 10704(a) of such title, as amended by subsection (a), is further amended by adding at the end the following: ``(3) In calculating a rail carrier's cost of capital, the Board shall multiply the value of the capital by the sum of-- ``(A) the current annual yield on a 10-year United States Treasury Bond; and ``(B) a prospective market risk premium, which shall not exceed 5 percent per year.''. SEC. 6. SURFACE TRANSPORTATION BOARD STRUCTURAL CHANGES. Chapter 7 of title 49, United States Code, is amended-- (1) in section 701(b)-- (A) in paragraph (1)-- (i) by striking ``3 members'' and inserting ``5 members''; and (ii) by striking ``2 members'' and inserting ``3 members''; and (B) in paragraph (2)-- (i) by striking ``time, at least 2 members'' and inserting the following: ``time-- ``(A) at least 2 members''; and (ii) by striking ``regulation, and at least one member'' and inserting the following: ``regulation; ``(B) at least 2 members shall have a background in shipping or consumer advocacy; and ``(C) at least 1 member''; and (2) in section 703, by amending subsection (b) to read as follows: ``(b) Meetings.-- ``(1) Regular meetings.--The Board shall meet regularly. ``(2) Open meetings.--The Board shall be deemed to be an agency of the United States Government and subject to the provisions set forth in section 552b of title 5.''.

Rail Shipper Fairness Act of 2015 The Surface Transportation Board (STB) may: issue emergency service orders covering rail carrier shipments moving under contract only if they are part of a regional service order; and require reports, service plans, or other documents that cover shipments moving under contract if such shipments are part of a general report, service plan, or other document that generally covers the geographic area or commodity. Rail carriers shall be liable to any person in federal district court for damages or equitable relief as a result of inadequate or deficient service in violation of federal law. Civil monetary penalties for rail carriers increase from $5,000 to $25,000 per violation. It is U.S. transportation policy to provide for and promote the protection of the shipping public. Shippers may obtain rates to or from any interchange points of two or more rail carriers. When determining whether a rail carrier proposing a rate challenged as unreasonably high has market dominance over the transportation to which the rate applies, the STB shall consider that the rail carrier could have market dominance even in circumstances in which a shipper is served by two carriers. The circumstances involving mandatory reciprocal switching agreements are changed. The STB shall now require a Class 1 rail carrier to enter into a competitive switching agreement if a shipper or receiver (or a group of shippers or receivers) files a petition that satisfies the Board that: the facilities of the shipper or receiver are served by rail only by a single, Class I rail carrier; and there is or can be a working interchange between the Class I rail carrier serving the shipper or receiver in question and another rail carrier within a reasonable distance of the facilities of such shipper or receiver. Competitive switching may not be imposed, however, if: either rail carrier between which such switching is to be established demonstrates that the proposed switching is not feasible or is unsafe, or the presence of reciprocal switching will unduly restrict the ability of a rail carrier to serve its own shippers. The STB must observe specified rules when deciding stand-alone cost cases with respect to a maximum reasonable rate. The STB shall apply a certain formula to calculate a rail carrier's cost of capital. This replaces the current requirement that the STB determine annually which rail carriers are earning adequate revenues. The number of STB members increases from 3 to 5, with no more than 3 of them (currently no more than 2 of them) from the same party. At least 2 members must have a background in shipping or consumer advocacy. The STB must meet regularly.

Rail Shipper Fairness Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Money and Reducing Tragedies through Prevention Act of 2011'' or the ``SMART Prevention Act of 2011''. SEC. 2. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION GRANTS. (a) SMART Prevention.--Section 41303 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d-2) is amended to read as follows: ``SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION (SMART PREVENTION). ``(a) Grants Authorized.--The Attorney General, in consultation with the Secretary of Health and Human Services and the Secretary of Education, is authorized to award grants for the purpose of preventing domestic violence, dating violence, sexual assault, and stalking by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms. ``(b) Use of Funds.--Funds provided under this section may be used for the following purposes: ``(1) Teen dating violence awareness and prevention.--To develop, maintain, or enhance programs that change attitudes and behaviors around the acceptability of domestic violence, dating violence, sexual assault, and stalking and provide education and skills training to young individuals and individuals who influence young individuals. The prevention program may use evidence-based, evidence-informed, or innovative strategies and practices focused on youth. Such a program should include-- ``(A) age and developmentally-appropriate education on domestic violence, dating violence, sexual assault, stalking, and sexual coercion, as well as healthy relationship skills, in school, in the community, or in health care settings; ``(B) community-based collaboration and training for those with influence on youth, such as parents, teachers, coaches, health-care providers, faith- leaders, older teens, and mentors; ``(C) education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; and ``(D) policy development targeted to prevention, including school-based policies and protocols. ``(2) Children exposed to violence and abuse.--To develop, maintain or enhance programs designed to prevent future incidents of domestic violence, dating violence, sexual assault, and stalking by preventing, reducing and responding to children's exposure to violence in the home. Such programs may include-- ``(A) providing services for children exposed to domestic violence, dating violence, sexual assault or stalking, including direct counseling or advocacy, and support for the non-abusing parent; and ``(B) training and coordination for educational, after-school, and childcare programs on how to safely and confidentially identify children and families experiencing domestic violence, dating violence, sexual assault, or stalking and properly refer children exposed and their families to services and violence prevention programs. ``(3) Engaging men as leaders and role models.--To develop, maintain or enhance programs that work with men to prevent domestic violence, dating violence, sexual assault, and stalking by helping men to serve as role models and social influencers of other men and youth at the individual, school, community or statewide levels. ``(c) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a victim service provider, community-based organization, tribe or tribal organization, or other non- profit, nongovernmental organization that has a history of effective work preventing domestic violence, dating violence, sexual assault, or stalking and expertise in the specific area for which they are applying for funds; or ``(2) a partnership between a victim service provider, community-based organization, tribe or tribal organization, or other non-profit, nongovernmental organization that has a history of effective work preventing domestic violence, dating violence, sexual assault, or stalking and at least one of the following that has expertise in serving children exposed to domestic violence, dating violence, sexual assault, or stalking, youth domestic violence, dating violence, sexual assault, or stalking prevention, or engaging men to prevent domestic violence, dating violence, sexual assault, or stalking: ``(A) A public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense under section 2164 of title 10, United States Code or section 1402 of the Defense Dependents' Education Act of 1978, a group of schools, or a school district. ``(B) A local community-based organization, population-specific organization, or faith-based organization that has established expertise in providing services to youth. ``(C) A community-based organization, population- specific organization, university or health care clinic, faith-based organization, or other non-profit, nongovernmental organization with a demonstrated history of effective work addressing the needs of children exposed to domestic violence, dating violence, sexual assault, or stalking. ``(D) A nonprofit, nongovernmental entity providing services for runaway or homeless youth affected by domestic violence, dating violence, sexual assault, or stalking. ``(E) Healthcare entities eligible for reimbursement under title XVIII of the Social Security Act, including providers that target the special needs of children and youth. ``(F) Any other agencies, population-specific organizations, or nonprofit, nongovernmental organizations with the capacity to provide necessary expertise to meet the goals of the program. ``(d) Grantee Requirements.-- ``(1) In general.--Applicants for grants under this section shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require that demonstrates the capacity of the applicant and partnering organizations to undertake the project. ``(2) Policies and procedures.--Applicants under this section shall establish and implement policies, practices, and procedures that-- ``(A) include appropriate referral systems to direct any victim identified during program activities to highly-qualified follow-up care; ``(B) protect the confidentiality and privacy of adult and youth victim information, particularly in the context of parental or third party involvement and consent, mandatory reporting duties, and working with other service providers; ``(C) ensure that all individuals providing prevention programming through a program funded under this section have completed or will complete sufficient training in connection with domestic violence, dating violence, sexual assault or stalking; and ``(D) document how prevention programs are coordinated with service programs in the community. ``(3) Preference.--In selecting grant recipients under this section, the Attorney General shall give preference to applicants that-- ``(A) include outcome-based evaluation; and ``(B) identify any other community, school, or State-based efforts that are working on domestic violence, dating violence, sexual assault, or stalking prevention and explain how the grantee or partnership will add value, coordinate with other programs, and not duplicate existing efforts. ``(e) Definitions and Grant Conditions.-- ``(1) In general.--In this section and except as provided in paragraph (2), the definitions and grant conditions provided for in section 40002 shall apply. ``(2) Youth.--In this section, the term `youth' shall include individuals 11 years of age. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2012 through 2016. Amounts appropriated under this section may only be used for programs and activities described under this section. ``(g) Allotment.-- ``(1) In general.--Not less than 25 percent of the total amounts appropriated under this section in each fiscal year shall be used for each set of purposes described in paragraph (1), (2), and (3) of subsection (a). ``(2) Indian tribes.--Not less than 10 percent of the total amounts appropriated under this section in each fiscal year shall be made available for grants to Indian tribes or tribal organizations. If an insufficient number of applications are received from Indian tribes or tribal organizations, such funds shall be allotted to other population-specific programs.''. (b) Repeals.--The following provisions are repealed: (1) Sections 41304 and 41305 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d-3 and 14043d-4). (2) Section 403 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045c).

Saving Money and Reducing Tragedies through Prevention Act of 2011 or the SMART Prevention Act of 2011 - Amends the Violence against Women Act of 1994 (VAWA) to replace provisions regarding grants to assist children and youth exposed to violence with a Saving Money and Reducing Tragedies through Prevention (SMART Prevention) grant program. Authorizes the Attorney General to award grants for the purpose of preventing domestic violence, dating violence, sexual assault, and stalking (such violence) by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms. Permits the use of grant funds to develop, maintain, or enhance programs that: (1) change attitudes and behaviors around the acceptability of such violence and provide education and skills training to young individuals and those who influence them; (2) are designed to prevent future incidents of such violence by preventing, reducing, and responding to children's exposure to violence in the home; and (3) work with men to prevent such violence by helping men to serve as role models and social influencers of other men and youth at the individual, school, community, or statewide levels. Sets forth provisions regarding: (1) eligible entities to receive grants; (2) grantee requirements; and (3) fund allotments, including for Indian tribes or tribal organizations. Repeals provisions of: (1) VAWA regarding development of curricula and pilot programs for home visitation projects and regarding engaging men and youth in preventing such violence, and (2) the Violence Against Women and Department of Justice Reauthorization Act of 2005 regarding a public awareness campaign regarding domestic violence against pregnant women.

A bill to save money and reduce tragedies through prevention grants.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Marine and Hydrokinetic Renewable Energy Promotion Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Marine and hydrokinetic renewable energy research and development program. Sec. 3. Test facilities. Sec. 4. National Marine and Hydrokinetic Renewable Energy Research, Development, and Demonstration Centers. Sec. 5. Marine-based energy device verification program. Sec. 6. Adaptive management and environmental grant program. Sec. 7. Administration. Sec. 8. Authorization of appropriations. SEC. 2. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND DEVELOPMENT PROGRAM. Section 633(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17212(a)) is amended-- (1) in paragraph (13), by striking ``; and'' and inserting a semicolon; (2) in paragraph (14), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(15)(A) apply advanced systems engineering and system integration methods to identify critical interfaces and develop open standards for marine and hydrokinetic renewable energy; ``(B) transfer the resulting environmental data to industry stakeholders as public information through published interface definitions, standards, and demonstration projects; and ``(C) develop incentives for industry to comply with the standards.''. SEC. 3. TEST FACILITIES. Section 633 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17212) is amended by adding at the end the following: ``(c) Test Facilities.-- ``(1) In general.--In carrying out this section, not later than 180 days after the date of enactment of this subsection, the Secretary shall award competitive grants to support 4 or more geographically dispersed marine and hydrokinetic renewable energy technology research, development, and demonstration test facilities for the demonstration of multiple technologies in actual operating marine environments (including industry demonstrations). ``(2) Preference.--In awarding competitive grants under this subsection, the Secretary shall give preference to existing marine and hydrokinetic testing facilities and existing Centers established under section 634. ``(3) Facilities.--Grants under this subsection may support-- ``(A) modification of an existing facility (including a Center established under section 634); or ``(B) construction of a new test facility. ``(4) Program objectives.--In awarding grants under this subsection, the Secretary shall provide for the demonstration of-- ``(A) a variety of technologies at each test facility; ``(B) a variety of technologies among all of the test facilities established; and ``(C) technologies on a variety of scales. ``(5) Activities.--Each test facility established under this subsection shall-- ``(A) provide infrastructure and resources for the evaluation and technical viability testing of marine and hydrokinetic renewable energy technologies; and ``(B) conduct and support research, development, and demonstration activities with respect to marine and hydrokinetic renewable energy technologies. ``(6) Eligibility.--To be eligible for a grant under this subsection, an applicant for a grant shall-- ``(A) be-- ``(i) a nonprofit institution; ``(ii) a State or local government; ``(iii) an institution of higher education; ``(iv) university consortia; ``(v) a National Laboratory; or ``(vi) a Center established under section 634; and ``(B) demonstrate to the satisfaction of the Secretary the ability and intention to-- ``(i) combine expertise from relevant academic fields, including fields relating to-- ``(I) the environment; ``(II) marine and riverine sciences; ``(III) energy; ``(IV) ocean engineering; and ``(V) electrical, mechanical, and civil engineering; and ``(ii) partner with other entities (including industry) that have expertise in advancing marine and hydrokinetic renewable energy technologies.''. SEC. 4. NATIONAL MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTERS. Section 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213) is amended-- (1) in the section heading, by inserting ``and hydrokinetic'' after ``marine''; (2) in the first sentence of subsection (a), by inserting ``and Hydrokinetic'' after ``Marine''; and (3) by striking subsection (b) and inserting the following: ``(b) Purposes.--The Centers-- ``(1) shall-- ``(A) advance research, development, demonstration, and commercial application of marine and hydrokinetic renewable energy technologies; and ``(B) serve as information clearinghouses for the marine and hydrokinetic renewable energy industry by collecting and disseminating information on best practices in all areas relating to developing and managing marine and hydrokinetic renewable energy technologies; and ``(2) may serve as technology test facilities established under section 633(c).''. SEC. 5. MARINE-BASED ENERGY DEVICE VERIFICATION PROGRAM. The Energy Independence and Security Act of 2007 (42 U.S.C. 17211 et seq.) is amended-- (1) by redesignating sections 635 and 636 (42 U.S.C. 17214, 17215) as sections 638 and 639, respectively; and (2) by inserting after section 634 (42 U.S.C. 17213) the following: ``SEC. 635. MARINE-BASED ENERGY DEVICE VERIFICATION PROGRAM. ``(a) Establishment.--The Secretary shall establish a marine-based energy device verification program to provide a bridge from the marine and hydrokinetic renewable energy capture device design and development efforts underway across the industry to commercial deployment of marine and hydrokinetic renewable energy devices. ``(b) Purposes.--The purposes of the program are to fund, facilitate the development and installation of, and evaluate marine and hydrokinetic renewable energy projects, in partnership with Federally Funded Research and Development Centers, and in conjunction with Centers established under section 634, universities and other institutions of higher education, private business entities, and other appropriate organizations, in order-- ``(1) to increase marine and hydrokinetic renewable energy experience; and ``(2) to build and operate enough candidate devices to obtain statistically significant operating and maintenance data. ``(c) Objectives.--The objectives of the program shall include-- ``(1) verifying the performance, reliability, maintainability, and cost of new marine and hydrokinetic renewable energy device designs and system components in an operating environment; ``(2) providing States, regulators, utilities, and other stakeholders with a valid opportunity to test and evaluate marine and hydrokinetic renewable energy technology in new areas; ``(3) documenting and communicating the experience from those projects for the benefit of utilities, independent power producers, other nonutility generators, device suppliers, and others in the marine and hydrokinetic renewable energy development community; and ``(4) resolving environmental issues through robust characterization, reliable impact prediction, effective monitoring, development, and use of adaptive management, and informing engineering design to improve environmental performance.''. SEC. 6. ADAPTIVE MANAGEMENT AND ENVIRONMENTAL GRANT PROGRAM. The Energy Independence and Security Act of 2007 (42 U.S.C. 17211 et seq.) (as amended by section 5) is amended by inserting after section 635 the following: ``SEC. 636. ADAPTIVE MANAGEMENT AND ENVIRONMENTAL GRANT PROGRAM. ``(a) Findings.--Congress finds that-- ``(1) the use of marine and hydrokinetic renewable energy technologies can reduce contributions to global warming; ``(2) marine and hydrokinetic renewable energy technologies can be produced domestically; ``(3) marine and hydrokinetic renewable energy is a nascent industry; and ``(4) the United States must work to promote new renewable energy technologies that reduce contributions to global warming gases and improve domestic energy production. ``(b) Grant Program.-- ``(1) In general.--As soon as practicable after the date of enactment of this subsection, the Secretary shall establish a program under which the Secretary shall award grants to eligible entities-- ``(A) to advance the development of marine and hydrokinetic renewable energy; ``(B) to help fund the costs of environmental analysis affecting the deployment of marine hydrokinetic devices; ``(C) to help enable the eligible entities-- ``(i) to gather and collect the types of environmental data that are required when working in a public resource (including the waterways and oceans of the United States); and ``(ii) to monitor the impacts of demonstration projects and make the resulting information available for widespread dissemination to aid future projects; and ``(D) to help fund the cost of advancing renewable marine and hydrokinetic technologies in ocean and riverine environments from demonstration projects to development and deployment. ``(2) Application.--To be eligible to receive a grant under this paragraph, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.''. SEC. 7. ADMINISTRATION. The Energy Independence and Security Act of 2007 (42 U.S.C. 17211 et seq.) (as amended by section 6) is amended by inserting after section 636 the following: ``SEC. 637. ADMINISTRATION. ``(a) In General.--In carrying out this subtitle, the Secretary shall-- ``(1) coordinate and avoid duplication of activities across programs of the Department and other applicable Federal agencies, including the National Laboratories; ``(2) collaborate with (as applicable)-- ``(A) industry; ``(B) stakeholders; ``(C) other Federal agencies, including the National Laboratories; ``(D) academic institutions; and ``(E) international bodies with relevant scientific expertise; and ``(3) obtain from the recipient of assistance and make available to the public, through Web sites, reports, and databases of the Department, any research, development, demonstration, and commercial application information produced with respect to supported technology, including information obtained after the completion of supported activities, except to the extent that the information is protected from disclosure under section 552(b) of title 5, United States Code. ``(b) Reports.--Not later than 1 year after the date of enactment of this section and at least once every 2 years thereafter, the Secretary shall submit to Congress a report on findings and activities conducted under this subtitle.''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 639 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215) (as redesignated by section 5(1)) is amended to read as follows: ``SEC. 639. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this subtitle, to remain available until expended-- ``(1) $70,000,000 for fiscal year 2012; and ``(2) $75,000,000 for fiscal year 2013. ``(b) Renewable Energy Funds.--No funds shall be appropriated under this section for activities that are receiving funds under section 931(a)(2)(E)(i) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).''.

Marine and Hydrokinetic Renewable Energy Promotion Act of 2011 - Amends the Energy Independence and Security Act of 2007 to require the program of marine and hydrokinetic renewable energy technology research, development, demonstration, and commercial application to: (1) apply advanced systems engineering and system integration methods to identify critical interfaces and develop open standards for marine and hydrokinetic renewable energy; (2) transfer the resulting environmental data to industry stakeholders as public information through published interface definitions, standards, and demonstration projects; and (3) develop incentives for industry to comply with such standards. Requires the Secretary of Energy (DOE) to award competitive grants to support modifying or constructing four or more geographically dispersed marine and hydrokinetic renewable energy technology research, development, and demonstration test facilities for the demonstration of multiple technologies in actual operating environments. Requires the Secretary to give preference to existing facilities and National Marine Renewable Energy Research, Development, and Demonstration Centers. Renames such Centers as the "National Marine and Hydrokinetic Renewable Energy Research, Development, and Demonstration Centers" and expands their research and clearinghouse duties to include hydrokinetic as well as marine renewable energy research. Authorizes such Centers to serve as technology test facilities. Requires the Secretary to establish a marine-based energy device verification program to provide a bridge from the marine and hydrokinetic renewable energy capture device design and development efforts underway across the industry to commercial deployment of such devices. Requires the Secretary to establish a grant program to: (1) advance the development of marine and hydrokinetic renewable energy; (2) help fund the costs of environmental analysis affecting the deployment of marine hydrokinetic devices; (3) help eligible entities to collect the types of environmental data that are required when working in a public resource, monitor the impacts of demonstration projects, and make the resulting information available for dissemination to aid future projects; and (4) help fund the cost of advancing renewable marine and hydrokinetic technologies in ocean and riverine environments from demonstration projects to development and deployment. Authorizes appropriations for marine and hydrokinetic renewable energy technologies through FY2013.

To promote marine and hydrokinetic renewable energy research and development, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Wind Energy Development Act''. SEC. 2. CREDIT FOR INSTALLATION OF WIND ENERGY PROPERTY INCLUDING BY RURAL HOMEOWNERS, FARMERS, RANCHERS, AND SMALL BUSINESSES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30D. WIND ENERGY PROPERTY. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $1,500 with respect to each half kilowatt of capacity of qualified wind energy property placed in service or installed by the taxpayer during such taxable year. ``(b) Limitation.--No credit shall be allowed under subsection (a) unless at least 50 percent of the energy produced annually by the qualified wind energy property is consumed on the site on which the property is placed in service or installed. ``(c) Qualified Wind Energy Property.--For purposes of this section, the term `qualified wind energy property' means a wind turbine of 100 kilowatts of rated capacity or less if-- ``(1) such turbine is placed in service or installed on or in connection with property located in the United States, ``(2) in the case of an individual, the property on or in connection with which such turbine is installed is a dwelling unit, ``(3) the original use of such turbine commences with the taxpayer, and ``(4) such turbine carries at least a 5-year limited warranty covering defects in design, material, or workmanship, and, for property that is not installed by the taxpayer, at least a 5-year limited warranty covering defects in installation. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Special Rules.--For purposes of this section-- ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216(b)(2)) in a cooperative housing corporation (as defined in section 216(b)(1)), such individual shall be treated as having paid his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures paid or incurred for qualified wind energy property by such corporation, and such credit shall be allocated appropriately to such individual. ``(2) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having paid his proportionate share of expenditures paid or incurred for qualified wind energy property by such association, and such credit shall be allocated appropriately to such individual. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of section 528(c)(2) with respect to a condominium project of which substantially all of the units are used by individuals as dwelling units. ``(f) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to a dwelling unit or other property, the increase in the basis of such dwelling unit or other property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(g) Application of Credit.--The credit allowed under this section shall apply to property placed in service or installed after December 31, 2006, and before January 1, 2012.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) in the case of a dwelling unit or other property with respect to which a credit was allowed under section 30D, to the extent provided in section 30D(f).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Wind energy property.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2006. SEC. 3. 3-YEAR ACCELERATED DEPRECIATION PERIOD FOR WIND ENERGY PROPERTY. (a) In General.--Subparagraph (A) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by inserting after clause (iii) the following new clause: ``(iv) any property which would be described in subparagraph (A) of section 48(a)(3) if `wind energy' were substituted for `solar energy' in clause (i) thereof and the last sentence of such section did not apply to such subparagraph.''. (b) Conforming Amendment.--Section 168(e)(3)(B)(vi)(I) of such Code is amended to read as follows: ``(I) is described in subparagraph (A) of section 48(a)(3) if the last sentence of such section did not apply to such subparagraph,''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2006.

Rural Wind Energy Development Act - Amends the Internal Revenue Code to allow: (1) a tax credit for the installation of wind energy property; and (2) an accelerated depreciation allowance for such property.

To amend the Internal Revenue Code of 1986 to provide credits for the installation of wind energy property, including by rural homeowners, farmers, ranchers, and small businesses, and for other purposes.

SECTION 1. REDUCTION OF UNITED STATES MILITARY FORCES IN EUROPE. (a) End Strength Reductions for Military Personnel in Europe.-- Notwithstanding section 1002(c)(1) of the National Defense Authorization Act, 1985 (22 U.S.C. 1928 note), but subject to subsection (d), for each of the fiscal years 1996, 1997, 1998, and 1999, the Secretary of Defense shall reduce the European end strength level of members of the Armed Forces in accordance with subsection (b). (b) Reduction Formula.-- (1) Application of formula.--If the allied contribution level determined under paragraph (2) for a fiscal year is below the goal specified in subsection (c) applicable to that fiscal year, the Secretary of Defense shall reduce the European end strength level of members of the Armed Forces by 10 percent in equal installments over the next four fiscal years. The 10- percent reduction shall be made from the end strength level in effect pursuant to section 1002(c)(1) of the National Defense Authorization Act, 1985 (22 U.S.C. 1928 note), as modified by operation of this section, for the fiscal year in which the Secretary determines that such reduction is required. (2) Allied contribution level.--To determine the allied contribution level with respect to a fiscal year, the Secretary of Defense shall calculate the aggregate amount of nonpersonnel costs for United States military installations in European member nations of NATO that are assumed during that fiscal year by such nations, except that the Secretary may consider only those cash and in-kind contributions by such nations that replace expenditures that would otherwise be made by the Secretary using funds appropriated or otherwise made available in defense appropriations Acts. (3) Termination of reductions.-- The Secretary shall cease making the reduction required by paragraph (1) for a fiscal year if the allied contribution level is equal to or above the goal specified in subsection (c) applicable to that fiscal year. (c) Annual Goals for Force Reduction.--In continuing efforts to enter into revised host-nation agreements as described in section 1301(e) of National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2545) and section 1401(c) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1824), the President is urged to seek to have European member nations of NATO assume an increased share of the nonpersonnel costs of United States military installations in those nations in accordance with the following timetable: (1) By September 30, 1995, 15 percent of such costs should be assumed by those nations. (2) By September 30, 1996, 30 percent of such costs should be assumed by those nations. (3) By September 30, 1997, 40 percent of such costs should be assumed by those nations. (4) By September 30, 1998, 50 percent of such costs should be assumed by those nations. (d) Exceptions.-- (1) Minimum end strength authority.--Notwithstanding reductions required pursuant to subsection (a), the Secretary of Defense may maintain a European end strength level of members of the Armed Forces of at least 25,000 members of the Armed Forces. (2) Waiver authority.--The President or the Secretary of Defense may waive operation of this section in the case of a significant threat to national security, as determined by the President or the Secretary. The President or the Secretary shall immediately inform Congress of the waiver and the reasons for the waiver. (e) Allocation of Force Reductions.--To the extent that there is a reduction in the European end strength level of members of the Armed Forces in a fiscal year pursuant to subsection (a)-- (1) half of the reduction shall be used to make a corresponding reduction in the authorized end strength level for active duty personnel for such Armed Force for that fiscal year; and (2) half of the reduction shall be used to make a corresponding increase in permanent assignments or deployments of forces in the United States or other nations (other than European member nations of NATO) for each such Armed Force for that fiscal year, as determined by the Secretary of Defense. (f) Definitions.--For purposes of this section: (1) The term ``European end strength level of members of the Armed Forces'' means the end strength level of members of the Armed Forces of the United States assigned to permanent duty ashore in European member nations of the North Atlantic Treaty Organization. (2) The term ``nonpersonnel costs'', with respect to United States military installations in European member nations of NATO, means costs for those installations other than costs paid from military personnel accounts.

Directs the Secretary of Defense, for each of FY 1996 through 1999, to reduce the European end strength level of U.S. armed forces in accordance with a reduction formula based on the allied contribution level achieved (the level of contributions toward nonpersonnel costs made to the United States by allied nations benefiting from the presence of such troops). Directs the Secretary to cease such reductions if the allied level achieved is equal to or above a specified goal. Urges the President to seek to have European member nations of NATO assume an increased share of nonpersonnel costs of U.S. military installations in such countries in accordance with a specified timetable. Allows the Secretary to continually maintain a European end strength level of 25,000 members. Authorizes the President or the Secretary to waive such reductions in the event of a significant threat to national security. Provides for the allocation of such force reductions among military personnel.

To provide for a reduction in the number of members of the Armed Forces of the United States stationed in Europe unless the European member nations of NATO assume an increased share of the nonpersonnel costs of United States military installations in those nations.

SECTION 1. INTEREST RATE PROVISIONS. (a) FFEL Fixed Interest Rates.-- (1) Amendment.--Section 427A of the Higher Education Act of 1965 (20 U.S.C. 1077a) is amended-- (A) by redesignating subsections (l) and (m) as subsections (m) and (n), respectively; and (B) by inserting after subsection (k) the following new subsection: ``(l) Interest Rates for New Loans on or After July 1, 2006.-- ``(1) In general.--Notwithstanding subsection (h), with respect to any loan made, insured, or guaranteed under this part (other than a loan made pursuant to section 428B or 428C) for which the first disbursement is made on or after July 1, 2006, the applicable rate of interest shall be 6.8 percent on the unpaid principal balance of the loan. ``(2) PLUS loans.--Notwithstanding subsection (h), with respect to any loan under section 428B for which the first disbursement is made on or after July 1, 2006, the applicable rate of interest shall be 7.9 percent on the unpaid principal balance of the loan. ``(3) Consolidation loans.--With respect to any consolidation loan under section 428C for which the application is received by an eligible lender on or after July 1, 2006, the applicable rate of interest shall be at an annual rate on the unpaid principal balance of the loan that is equal to the lesser of-- ``(A) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of 1 percent; or ``(B) 8.25 percent.''. (2) Conforming amendment.--Section 428C(c)(1)(A) of such Act (20 U.S.C. 1078-3(c)(1)(A)) is amended to read as follows: ``(1) Interest rate.--(A) Notwithstanding subparagraphs (B) and (C), with respect to any loan made under this section for which the application is received by an eligible lender-- ``(i) on or after October 1, 1998, and before July 1, 2006, the applicable interest rate shall be determined under section 427A(k)(4); or ``(ii) on or after July 1, 2006, the applicable interest rate shall be determined under section 427A(l)(3).''. (b) Direct Loans Fixed Interest Rates.-- (1) Technical correction.--Paragraph (6) of section 455(b) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)), as redesignated by section 8301(c)(1) of the Transportation Equity Act for the 21st Century (Public Law 105-178; 112 Stat. 498) is redesignated as paragraph (9) and is transferred to follow paragraph (7) of section 455(b) of the Higher Education Act of 1965. (2) Amendments.--Section 455(b) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)) is amended-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) Interest rate provision for new loans on or after july 1, 2006.-- ``(A) Rates for fdsl and fdusl.--Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans for which the first disbursement is made on or after July 1, 2006, the applicable rate of interest shall be 6.8 percent on the unpaid principal balance of the loan. ``(B) PLUS loans.--Notwithstanding the preceding paragraphs of this subsection, with respect to any Federal Direct PLUS loan for which the first disbursement is made on or after July 1, 2006, the applicable rate of interest shall be 7.9 percent on the unpaid principal balance of the loan. ``(C) 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, 2006, 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 higher one- eighth of one percent; or ``(ii) 8.25 percent.''. (c) Extension of Current Interest Rate Provisions for Three Years.--Sections 427A(k) and 455(b)(6) of the Higher Education Act of 1965 (20 U.S.C. 1077a(k), 1087e(b)(6)) are each amended-- (1) by striking ``2003'' in the heading and inserting ``2006''; and (2) by striking ``July 1, 2003,'' each place it appears and inserting ``July 1, 2006,''. SEC. 2. EXTENSION OF SPECIAL ALLOWANCE PROVISION. Section 438(b)(2)(I) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(I)) is amended-- (1) by striking ``, and before july 1, 2003'' in the heading; (2) by striking ``and before July 1, 2003,'' each place it appears, other than in clauses (ii) and (v); (3) by striking clause (ii) and inserting the following: ``(ii) In school and grace period.--In the case of any loan-- ``(I) for which the first disbursement is made on or after January 1, 2000, and before July 1, 2006, and for which the applicable rate of interest is described in section 427A(k)(2); or ``(II) for which the first disbursement is made on or after July 1, 2006, and for which the applicable rate of interest is described in section 427A(l)(1), but only with respect to (aa) periods prior to the beginning of the repayment period of the loan; or (bb) during the periods in which principal need not be paid (whether or not such principal is in fact paid) by reason of a provision described in section 427(a)(2)(C) or 428(b)(1)(M); clause (i)(III) of this subparagraph shall be applied by substituting `1.74 percent' for `2.34 percent'.''; (4) in clause (iii), by inserting ``or (l)(2)'' after ``427A(k)(3)''; (5) in clause (iv), by inserting ``or (l)(3)'' after ``427A(k)(4)''; (6) in clause (v)-- (A) in the heading, by inserting ``before july 1, 2006'' after ``plus loans''; and (B) by striking ``July 1, 2003,'' and inserting ``July 1, 2006,''; (7) in clause (vi)-- (A) by inserting ``or (l)(3)'' after ``427A(k)(4)'' the first place it appears; and (B) by inserting ``or (l)(3), whichever is applicable'' after ``427A(k)(4)'' the second place it appears; and (8) by adding at the end the following new clause: ``(vii) Limitation on special allowances for plus loans on or after july 1, 2006.--In the case of PLUS loans made under section 428B and first disbursed on or after July 1, 2006, for which the interest rate is determined under section 427A(l)(2), a special allowance shall not be paid for such loan during any 12-month period beginning on July 1 and ending on June 30 unless-- ``(I) the average of the bond equivalent rates of the quotes of the 3-month commercial paper (financial), as published by the Board of Governors of the Federal Reserve System in Publication H-15 (or its successor), for the last calendar week ending on or before such July 1; plus ``(II) 2.64 percent, exceeds 9.0 percent.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to set fixed interest rates for new loans made on or after July 1, 2006, under: (1) the Federal Family Education Loan program (FFEL) for student loans (6.8 percent), parent (PLUS) loans, and consolidation loans (8.25 percent or a lesser amount based on a weighted average of interest rates of the loans consolidated); and (2) the William D. Ford Federal Direct Loan program for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans (both 6.8 percent), Federal Direct PLUS loans (7.9 percent), and Federal Direct Consolidation loans (8.25 percent or lesser weighted average). Extends current interest rate provisions for: (1) student or parent loans with a first disbursement before July 1, 2006; and (2) consolidation loans with an application received by the lender before July 1, 2006.Extends provisions for special allowances for lenders. Prohibits payment of such special allowances in the case of PLUS loans made on or after July 1, 2006, unless a certain percentage is reached according to a formula based in part on the average of certain bond equivalent rates published by the Federal Reserve System's Board of Governors for the last calendar week before such date.

A bill to amend the Higher Education Act of 1965 to establish fixed interest rates for student and parent borrowers, to extend current law with respect to special allowances for lenders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice and Mental Health Collaboration Act of 2013''. SEC. 2. ASSISTING VETERANS. (a) Redesignation.--Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by redesignating subsection (i) as subsection (l). (b) Assisting Veterans.--Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (h) the following: ``(i) Assisting Veterans.-- ``(1) Definitions.--In this subsection: ``(A) Peer to peer services or programs.--The term `peer to peer services or programs' means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, stabilization, or rehabilitation. ``(B) Qualified veteran.--The term `qualified veteran' means a preliminarily qualified offender who-- ``(i) has served on active duty in any branch of the Armed Forces, including the National Guard and reserve components; and ``(ii) was discharged or released from such service under conditions other than dishonorable. ``(C) Veterans treatment court program.--The term `veterans treatment court program' means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies that provides qualified veterans with-- ``(i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate; ``(ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma; ``(iii) alternatives to incarceration; and ``(iv) other appropriate services, including housing, transportation, mentoring, employment, job training, education, and assistance in applying for and obtaining available benefits. ``(2) Veterans assistance program.-- ``(A) In general.--The Attorney General, in consultation with the Secretary of Veterans Affairs, may award grants under this subsection to applicants to establish or expand-- ``(i) veterans treatment court programs; ``(ii) peer to peer services or programs for qualified veterans; ``(iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; and ``(iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans. ``(B) Priority.--In awarding grants under this subsection, the Attorney General shall give priority to applications that-- ``(i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies; ``(ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and ``(iii) propose interventions with empirical support to improve outcomes for qualified veterans.''. SEC. 3. CORRECTIONAL FACILITIES. Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (i), as so added by section 2, the following: ``(j) Correctional Facilities.-- ``(1) Definitions.-- ``(A) Correctional facility.--The term `correctional facility' means a jail, prison, or other detention facility used to house people who have been arrested, detained, held, or convicted by a criminal justice agency or a court. ``(B) Eligible inmate.--The term `eligible inmate' means an individual who-- ``(i) is being held, detained, or incarcerated in a correctional facility; and ``(ii) manifests obvious signs of a mental illness or has been diagnosed by a qualified mental health professional as having a mental illness. ``(2) Correctional facility grants.--The Attorney General may award grants to applicants to enhance the capabilities of a correctional facility-- ``(A) to identify and screen for eligible inmates; ``(B) to plan and provide-- ``(i) initial and periodic assessments of the clinical, medical, and social needs of inmates; and ``(ii) appropriate treatment and services that address the mental health and substance abuse needs of inmates; ``(C) to develop, implement, and enhance-- ``(i) post-release transition plans for eligible inmates that, in a comprehensive manner, coordinate health, housing, medical, employment, and other appropriate services and public benefits; ``(ii) the availability of mental health care services and substance abuse treatment services; and ``(iii) alternatives to solitary confinement and segregated housing and mental health screening and treatment for inmates placed in solitary confinement or segregated housing; and ``(D) to train each employee of the correctional facility to identify and appropriately respond to incidents involving inmates with mental health or co- occurring mental health and substance abuse disorders.''. SEC. 4. HIGH UTILIZERS. Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (j), as added by section 3, the following: ``(k) Demonstration Grants Responding to High Utilizers.-- ``(1) Definition.--In this subsection, the term `high utilizer' means an individual who-- ``(A) manifests obvious signs of mental illness or has been diagnosed by a qualified mental health professional as having a mental illness; and ``(B) consumes a significantly disproportionate quantity of public resources, such as emergency, housing, judicial, corrections, and law enforcement services. ``(2) Demonstration grants responding to high utilizers.-- ``(A) In general.--The Attorney General may award not more than 6 grants per year under this subsection to applicants for the purpose of reducing the use of public services by high utilizers. ``(B) Use of grants.--A recipient of a grant awarded under this subsection may use the grant-- ``(i) to develop or support multidisciplinary teams that coordinate, implement, and administer community-based crisis responses and long-term plans for high utilizers; ``(ii) to provide training on how to respond appropriately to the unique issues involving high utilizers for public service personnel, including criminal justice, mental health, substance abuse, emergency room, healthcare, law enforcement, corrections, and housing personnel; ``(iii) to develop or support alternatives to hospital and jail admissions for high utilizers that provide treatment, stabilization, and other appropriate supports in the least restrictive, yet appropriate, environment; or ``(iv) to develop protocols and systems among law enforcement, mental health, substance abuse, housing, corrections, and emergency medical service operations to provide coordinated assistance to high utilizers. ``(C) Report.--Not later than the last day of the first year following the fiscal year in which a grant is awarded under this subsection, the recipient of the grant shall submit to the Attorney General a report that-- ``(i) measures the performance of the grant recipient in reducing the use of public services by high utilizers; and ``(ii) provides a model set of practices, systems, or procedures that other jurisdictions can adopt to reduce the use of public services by high utilizers.''. SEC. 5. ACADEMY TRAINING. Section 2991(h) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(h)) is amended-- (1) in paragraph (1), by adding at the end the following: ``(F) Academy training.--To provide support for academy curricula, law enforcement officer orientation programs, continuing education training, and other programs that teach law enforcement personnel how to identify and respond to incidents involving persons with mental health disorders or co-occurring mental health and substance abuse disorders.''; and (2) by adding at the end the following: ``(4) Priority consideration.--The Attorney General, in awarding grants under this subsection, shall give priority to programs that law enforcement personnel and members of the mental health and substance abuse professions develop and administer cooperatively.''. SEC. 6. EVIDENCE BASED PRACTICES. Section 2991(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(c)) is amended-- (1) in paragraph (3), by striking ``or'' at the end; (2) by redesignating paragraph (4) as paragraph (6); and (3) by inserting after paragraph (3), the following: ``(4) propose interventions that have been shown by empirical evidence to reduce recidivism; ``(5) when appropriate, use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services; or''. SEC. 7. SAFE COMMUNITIES. (a) In General.--Section 2991(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(a)) is amended-- (1) in paragraph (7)-- (A) in the heading, by striking ``Mental illness'' and inserting ``Mental illness; mental health disorder''; and (B) by striking ``term `mental illness' means'' and inserting ``terms `mental illness' and `mental health disorder' mean''; and (2) by striking paragraph (9) and inserting the following: ``(9) Preliminarily qualified offender.-- ``(A) In general.--The term `preliminarily qualified offender' means an adult or juvenile accused of an offense who-- ``(i)(I) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness or co- occurring mental illness and substance abuse disorders; ``(II) manifests obvious signs of mental illness or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; or ``(III) in the case of a veterans treatment court provided under subsection (i), has been diagnosed with, or manifests obvious signs of, mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder; and ``(ii) has been unanimously approved for participation in a program funded under this section by, when appropriate, the relevant-- ``(I) prosecuting attorney; ``(II) defense attorney; ``(III) probation or corrections official; ``(IV) judge; and ``(V) a representative from the relevant mental health agency described in subsection (b)(5)(B)(i). ``(B) Determination.--In determining whether to designate a defendant as a preliminarily qualified offender, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, and mental health or substance abuse agency representative shall take into account-- ``(i) whether the participation of the defendant in the program would pose a substantial risk of violence to the community; ``(ii) the criminal history of the defendant and the nature and severity of the offense for which the defendant is charged; ``(iii) the views of any relevant victims to the offense; ``(iv) the extent to which the defendant would benefit from participation in the program; ``(v) the extent to which the community would realize cost savings because of the defendant's participation in the program; and ``(vi) whether the defendant satisfies the eligibility criteria for program participation unanimously established by the relevant prosecuting attorney, defense attorney, probation or corrections official, judge and mental health or substance abuse agency representative.''. (b) Technical and Conforming Amendment.--Section 2927(2) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s- 6(2)) is amended by striking ``has the meaning given that term in section 2991(a).'' and inserting ``means an offense that-- ``(A) does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another; or ``(B) is not a felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.''. SEC. 8. REAUTHORIZATION OF APPROPRIATIONS. Subsection (l) of section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa), as redesignated in section 2(a), is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) $40,000,000 for each of fiscal years 2015 through 2019.''; and (2) by adding at the end the following: ``(3) Limitation.--Not more than 20 percent of the funds authorized to be appropriated under this section may be used for purposes described in subsection (i) (relating to veterans).''.

Justice and Mental Health Collaboration Act of 2013 - Amends the Mentally Ill Offender Treatment and Crime Reduction Act of 2004 to: (1) expand the assistance provided under such Act, and (2) reauthorize appropriations for FY2015-FY2019. Authorizes the Attorney General to award grants to establish or expand: (1) veterans treatment court programs, which involve collaboration among criminal justice, veterans, and mental health and substance abuse agencies to provide qualified veterans (preliminarily qualified offenders who were discharged from the armed forces under conditions other than dishonorable) with intensive judicial supervision and case management, treatment services, alternatives to incarceration, and other appropriate services, including housing, transportation, job training, education, and assistance in obtaining benefits; (2) peer to peer services or programs to assist such veterans in obtaining treatment, recovery, stabilization, or rehabilitation; (3) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to such veterans who have been incarcerated; and (4) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and respond to incidents involving such veterans. Revises the definition of "preliminarily qualified offender" to include, in the case of a veterans treatment court program, an adult or juvenile accused of an offense who has been diagnosed with, or manifests obvious signs of, mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder. Removes a requirement that the adult or juvenile be accused of a nonviolent offense. Requires preliminarily qualified offenders to be unanimously approved for participation in a collaboration program by, when appropriate, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, and representative from the relevant mental health agency. Authorizes the Attorney General to award grants to enhance the capabilities of a correctional facility to: (1) identify and screen for mentally ill inmates; (2) plan and provide assessments of the clinical, medical, and social needs of inmates and appropriate treatment and services that address mental health and substance abuse needs; (3) develop, implement, and enhance post-release transition plans that coordinate services and public benefits, the availability of mental health care and substance abuse treatment services, alternatives to solitary confinement and segregated housing, and mental health screening and treatment for inmates placed in solitary confinement or segregated housing; and (4) train employees in identifying and responding to incidents involving inmates with mental health disorders or co-occurring mental health and substance abuse disorders. Authorizes the Attorney General to: (1) award not more than six grants per year to applicants for the purpose of reducing the use of public services by mentally ill individuals who consume a significantly disproportionate quantity of public resources, and (2) make grants to provide support for programs that teach law enforcement personnel how to identify and respond to incidents involving persons with such disorders. Directs the Attorney General to give priority in awarding grants for adult or juvenile collaboration programs to applications that: (1) propose interventions that have been shown by empirical evidence to reduce recidivism, and (2) use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services.

Justice and Mental Health Collaboration Act of 2013

TITLE I--BOOT CAMP GRANTS SEC. 101. GRANT AUTHORIZATION. (a) In General.--The Director of the Bureau of Justice Assistance (referred to in this title as the ``Director'') may make grants available to States, for use by States and units of local government in the States, for the purpose of establishing boot camp prisons. (b) Priority.--Priority shall be given to applications from States which will use funds to establish a boot camp prison by utilizing surplus property of the Federal Government, including military bases that are no longer in use. SEC. 102. ELIGIBILITY. (a) Eligibility.--To be eligible for Federal funding, a boot camp prison operated by a State shall provide-- (1) an organized program of manual labor and discipline designed to build character, instill a sense of maturity, promote a positive self-image for offenders and foster a sense of respect for authority; (2) training or vocational education which provides inmates with the tools necessary to confront life tasks in a responsible manner and to find employment after release; (3) treatment and counseling to all inmates who are addicted to drugs or alcohol; (4) a corrective, therapeutic environment designed to help modify the offender's criminal thought and behavioral patterns so that offenders are less likely to reoffend and more likely to behave purposefully and productively as responsible citizens; (5) an agreement that specifies procedures to ensure that boot camp prison inmates are in compliance with the requirements of the boot camp and that inmates in noncompliance are resentenced by the court to traditional prisons; and (6) a community adjustment phase that begins after an inmate has successfully completed a boot camp prison term which includes the obligations and restrictions of special or normal probation or parole, substance abuse treatment, and other special conditions as needed or ordered by a sentencing judge. SEC. 103. APPLICATIONS. (a) In General.--(1) To request a grant under this title, the chief executive of a State shall submit an application to the Director in such form and containing such information as the Director may reasonably require. (2) Such application shall include assurances that Federal funds received under this title shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this title. (b) State Office.--The office designated under section 507 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3757)-- (1) shall prepare the application as required by the Director; and (2) shall administer grant funds received under this title, including review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement. SEC. 104. REVIEW OF STATE APPLICATIONS. (a) In General.--The Bureau shall make a grant under this title to carry out the projects described in the application submitted by such applicant under section 103 upon determining that-- (1) the application is consistent with the requirements of this section; and (2) before the approval of the application, the Bureau has made an affirmative finding in writing that the proposed project has been reviewed in accordance with this title. (b) Approval.--Each application submitted under section 103 shall be considered approved, in whole or in part, by the Bureau not later than 45 days after first received unless the Bureau informs the applicant of specific reasons for disapproval. SEC. 105. ALLOCATION AND DISTRIBUTION OF FUNDS. (a) Demonstration Projects.--Of the total amount of funds made available under this title, the Director may use not more than 5 percent of such funds for demonstration projects that are of national significance. (b) State Distribution.--Of the funds remaining after the distribution under subsection (a), there shall be allocated to each of the participating States an amount which bears the same ratio to the amount of funds made available under this title as the number of offenders (eligible for boot camp placement) of such State bears to the number of eligible offenders in all the participating States. (c) Federal Share.--The Federal share of a grant made under this title may not exceed 75 percent of the total costs of establishing and maintaining the boot camp described in the application submitted under section 103(a) for the fiscal year for which the boot camp receives Federal assistance. (d) Unused Funds.--If the Director determines, on the basis of information available during any fiscal year, that a portion of the funds allocated to a State for such fiscal year will not be used, the Director shall have discretion to award such remaining funds to other participating States for projects related to the establishment, evaluation, or effectiveness of prison boot camps. SEC. 106. EVALUATION. Each State that receives a grant under this title shall submit to the Director an evaluation not later than March 1 of each year in accordance with guidelines issued by the Director and in consultation with the National Institute of Justice. Such evaluations must include a report on the rates of recidivism among boot camp participants as well as an analysis of the boot camp's effectiveness within the entire prison system of a State. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $500,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out this title. TITLE II--BOOT CAMP OPTION FOR NONVIOLENT DRUG OFFENDERS SEC. 201. SPECIAL SENTENCING RULE FOR CERTAIN CASES. Section 404 of the Controlled Substances Act (21 U.S.C. 844) is amended by adding at the end the following: ``special sentencing rule for certain cases ``(d) Notwithstanding any other provision of law, in the case of a defendant who is convicted of an offense under this section that did not involve violence, the court may sentence that defendant to incarceration in an intensive confinement center (commonly called a boot camp prison), and any mandatory minimum sentence of imprisonment otherwise required by this section shall not apply. However, at any time during that incarceration, the appropriate authorities at the intensive confinement center may inform the court that the defendant is in substantial noncompliance with the requirements of the center, and the court may resentence the defendant to a term that is not less than the sentence required without regard to this subsection.''.

TABLE OF CONTENTS: Title I: Boot Camp Grants Title II: Boot Camp Option for Nonviolent Drug Offenders Title I: Boot Camp Grants - Authorizes the Director of the Bureau of Justice Assistance to make grants to States for establishing boot camp prisons, with priority given to applications to establish such prisons by utilizing surplus Federal property (including military bases that are no longer in use). Conditions grant eligibility on a prison providing: (1) an organized program of manual labor and discipline designed to build character, instill a sense of maturity, promote a positive self-image for offenders, and foster respect for authority; (2) training or vocational education; (3) treatment and counseling to all inmates who are addicted to drugs or alcohol; (4) a corrective therapeutic environment; (5) an agreement that specifies procedures to ensure compliance with boot camp requirements and resentencing by the court to traditional prisons for noncompliance; and (6) a community adjustment phase that begins after an inmate has successfully completed a boot camp prison term which includes specified restrictions. Sets forth provisions regarding: (1) application requirements; (2) review of State applications; (3) allocation and distribution of funds; and (4) evaluation (including reports on recidivism rates among participants). Authorizes appropriations. Title II: Boot Camp Option for Nonviolent Drug Offenders - Amends the Controlled Substances Act to authorize the court, in the case of a defendant who is convicted of simple possession of a controlled substance that did not involve violence, to sentence the defendant to incarceration in an intensive confinement center (i.e., a boot camp prison) and make any mandatory minimum sentence of imprisonment otherwise required inapplicable (with provision for resentencing the defendant to a term not less than the sentence otherwise required if the defendant is in substantial noncompliance with the requirements of the center).

To assist States in establishing and increasing the utilization of boot camp prisons.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Investment Act of 2005''. SEC. 2. RENEWABLE PORTFOLIO STANDARD. Title VI of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end the following: ``SEC. 606. FEDERAL RENEWABLE PORTFOLIO STANDARD. ``(a) Definitions.--In this section: ``(1) Biomass.-- ``(A) In general.--The term `biomass' means-- ``(i) organic material from a plant that is planted for the purpose of being used to produce energy; ``(ii) nonhazardous, cellulosic or agricultural waste material that is segregated from other waste materials and is derived from-- ``(I) a forest-related resource, including-- ``(aa) mill and harvesting residue; ``(bb) precommercial thinnings; ``(cc) slash; and ``(dd) brush; ``(II) agricultural resources, including-- ``(aa) orchard tree crops; ``(bb) vineyards; ``(cc) grains; ``(dd) legumes; ``(ee) sugar; and ``(ff) other crop by- products or residues; or ``(III) miscellaneous waste such as-- ``(aa) waste pallet; ``(bb) crate; and ``(cc) landscape or right- of-way tree trimmings; and ``(iii) animal waste that is converted to a fuel rather than directly combusted, the residue of which is converted to a biological fertilizer, oil, or activated carbon. ``(B) Exclusions.--The term `biomass' shall not include-- ``(i) municipal solid waste that is incinerated; ``(ii) recyclable post-consumer waste paper; ``(iii) painted, treated, or pressurized wood; ``(iv) wood contaminated with plastics or metals; or ``(v) tires. ``(2) Distributed generation.--The term `distributed generation' means reduced electricity consumption from the electric grid due to use by a customer of renewable energy generated at a customer site. ``(3) Incremental hydropower.--The term `incremental hydropower' means additional generation achieved from increased efficiency after January 1, 2005, at a hydroelectric dam that was placed in service before January 1, 2005. ``(4) Landfill gas.--The term `landfill gas' means gas generated from the decomposition of household solid waste, commercial solid waste, and industrial solid waste disposed of in a municipal solid waste landfill unit (as those terms are defined in regulations promulgated under subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)). ``(5) Renewable energy.--The term `renewable energy' means electricity generated from ``(A) a renewable energy source; or ``(B) hydrogen that is produced from a renewable energy source. ``(6) Renewable energy source.--The term `renewable energy source' means-- ``(A) wind; ``(B) ocean waves; ``(C) biomass; ``(D) solar; ``(E) landfill gas; ``(F) incremental hydropower; or ``(G) geothermal. ``(7) Retail electric supplier.--The term `retail electric supplier' means a person or entity that sells retail electricity to consumers, and which sold not less than 500,000 megawatt-hours of electric energy to consumers for purposes other than resale during the preceding calendar year. ``(8) Secretary.--The term `Secretary' means the Secretary of Energy. ``(b) Renewable Energy Requirements.-- ``(1) In general.--For each calendar year beginning in Calendar year 2006, each retail electric supplier shall submit to the Secretary, not later than April 30 of each year, renewable energy credits in an amount equal to the required annual percentage of the retail electric supplier's total amount of kilowatt-hours of non-hydropower (excluding incremental hydropower) electricity sold to retail consumers during the previous calendar year. ``(2) Carryover.--A renewable energy credit for any year that is not used to satisfy the minimum requirement for that year may be carried over for use within the next two years. ``(c) Required Annual Percentage.--Of the total amount of non- hydropower (excluding incremental hydropower) electricity sold by each retail electric supplier during a calendar year, the amount generated by renewable energy sources shall be not less than the percentage specified below: Percentage of Renewable energy ``Calendar years: Each year: 2006-2009..................................... 5 2010-2014..................................... 10 2015-2019..................................... 15 2020 and subsequent years..................... 20. ``(d) Submission of Renewable Energy Credits.-- ``(1) In general.--To meet the requirements under subsection (b), a retail electric supplier shall submit to the Secretary either-- ``(A) renewable energy credits issued to the retail electric supplier under subsection (f); ``(B) renewable energy credits obtained by purchase or exchange under subsection (g); ``(C) renewable energy credits purchased from the United States under subsection (h); or ``(D) any combination of credits under subsections (f), (g) or (h). ``(2) Prohibition on double counting.--A credit may be counted toward compliance with subsection (b) only once. ``(e) Renewable Energy Credit Program.--The Secretary shall establish, not later than 1 year after the date of enactment of this Act, a program to issue, monitor the sale or exchange of, and track, renewable energy credits. ``(f) Issuance of Renewable Energy Credits.-- ``(1) In general.--Under the program established in subsection (e), an entity that generates electric energy through the use of a renewable energy resource may apply to the Secretary for the issuance of renewable energy credits. ``(2) Application.--An application for the issuance of renewable energy credits shall indicate-- ``(A) the type of renewable energy resource used to produce the electric energy; ``(B) the State in which the electric energy was produced; and ``(C) any other information the Secretary determines appropriate. ``(3) Credit value.--Except as provided in subparagraph (4), the Secretary shall issue to an entity applying under this subsection 1 renewable energy credit for each kilowatt-hour of renewable energy generated in any State from the date of enactment of this Act and in each subsequent calendar year. ``(4) Credit value for distributed generation.--The Secretary shall issue 3 renewable energy credits for each kilowatt-hour of distributed generation. ``(5) Vesting.--A renewable energy credit will vest with the owner of the system or facility that generates the renewable energy unless such owner explicitly transfers the credit. ``(6) Credit eligibility.--To be eligible for a renewable energy credit, the unit of electricity generated through the use of a renewable energy resource shall be sold for retail consumption or used by the generator. If both a renewable energy resource and a non-renewable energy resource are used to generate the electric energy, the Secretary shall issue renewable energy credits based on the proportion of the renewable energy resource used. ``(7) Identifying credits.--The Secretary shall identify renewable energy credits by the type and date of generation. ``(8) Sale under purpa contract.--When a generator sells electric energy generated through the use of a renewable energy resource to a retail electric supplier under a contract subject to section 210 of the Public Utilities Regulatory Policies Act of 1978 (16 U.S.C. 824a-3), the retail electric supplier is treated as the generator of the electric energy for the purposes of this Act for the duration of the contract. ``(g) Sale or Exchange of Renewable Energy Credits.--A renewable energy credit may be sold or exchanged by the entity issued the renewable energy credit or by any other entity that acquires the renewable energy credit. Credits may be sold or exchanged in any manner not in conflict with existing law, including on the spot market or by contractual arrangements of any duration. ``(h) Purchase From the United States.--The Secretary shall offer renewable energy credits for sale at the lesser of three cents per kilowatt-hour or 110 percent of the average market value of credits for the applicable compliance period. On January 1 of each year following calendar year 2006, the Secretary shall adjust for inflation the price charged per credit for such calendar year. ``(i) State Programs.--Nothing in this section shall preclude any State from requiring additional renewable energy generation in the State under any renewable energy program conducted by the State. ``(j) Consumer Allocation.--The rates charged to classes of consumers by a retail electric supplier shall reflect a proportional percentage of the cost of generating or acquiring the required annual percentage of renewable energy under subsection (b). A retail electric supplier shall not represent to any customer or prospective customer that any product contains more than the percentage of eligible resources if the additional amount of eligible resources is being used to satisfy the renewable generation requirement under subsection (b). ``(k) Enforcement.--A retail electric supplier that does not submit renewable energy credits as required under subsection (b) shall be liable for the payment of a civil penalty. That penalty shall be calculated on the basis of the number of renewable energy credits not submitted, multiplied by the lesser of 4.5 cents or 300 percent of the average market value of credits for the compliance period. ``(l) Information Collection.--The Secretary may collect the information necessary to verify and audit-- ``(1) the annual electric energy generation and renewable energy generation of any entity applying for renewable energy credits under this section; ``(2) the validity of renewable energy credits submitted by a retail electric supplier to the Secretary; and ``(3) the quantity of electricity sales of all retail electric suppliers. ``(m) Voluntary Participation.--The Secretary may issue a renewable energy credit pursuant to subsection (f) to any entity not subject to the requirements of this Act only if the entity applying for such credit meets the terms and conditions of this Act to the same extent as entities subject to this Act. ``(n) State Renewable Energy Grant Program.-- ``(1) Distribution to states.--The Secretary shall distribute amounts received from sales under subsection (h) and from amounts received under subsection (k) to States to be used for the purposes of this section. ``(2) Regional equity program.-- ``(A) Establishment of program.--Within 1 year from the date of enactment of this Act, the Secretary shall establish a program to promote renewable energy production and use consistent with the purposes of this section. ``(B) Eligibility.--The Secretary shall make funds available under this section to State energy agencies for grant programs for-- ``(i) renewable energy research and development; ``(ii) loan guarantees to encourage construction of renewable energy facilities; ``(iii) consumer rebate or other programs to offset costs of small residential or small commercial renewable energy systems including solar hot water; or ``(iv) promoting distributed generation. ``(3) Allocation preferences.--In allocating funds under the program, the Secretary shall give preference to-- ``(A) States in regions which have a disproportionately small share of economically sustainable renewable energy generation capacity; and ``(B) State grant programs most likely to stimulate or enhance innovative renewable energy technologies.''.

Renewable Energy Investment Act of 2005 - Amends the Public Utility Regulatory Policies Act of 1978 to require retail electric suppliers to submit to the Secretary of Energy renewable energy credits in an amount equal to the required annual percentage of the retail electric supplier's total amount of kilowatt-hours of non-hydropower electricity sold to retail consumers during the previous calendar year (excluding incremental hydropower). States that a renewable energy credit that is not used to satisfy the minimum requirement for that year may be carried over for use within the next two years. Specifies a schedule of the minimum percentage of renewable energy sources that must be used to generate the total amount of non-hydropower electricity sold by each retail electric supplier during a calendar year (excluding incremental hydropower). Directs the Secretary to: (1) establish a program to issue, monitor the sale or exchange of, and track renewable energy credits; and (2) make funds available under this Act to State energy agencies for grant programs for renewable energy research and development, and for loan guarantees to encourage construction of renewable energy facilities.

A bill to amend the Public Utility Regulatory Policies Act of 1978 to provide for a Federal renewable portfolio standard.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Foreclosure and Mortgage Lending Crisis Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch a commission to be known as the ``Commission on the Foreclosure and Mortgage Lending Crisis'' (in this Act referred to as the ``Commission''). SEC. 3. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The United States is experiencing a steady increase in foreclosures and mortgage lending problems that have impacted homeowners, families, communities, the United States economy and the global credit markets. (2) In 2006, there were an estimated 1,300,000 foreclosures in the United States. (3) This number increased by 79 percent in 2007, bringing the estimated number of foreclosures nationwide to 2,200,000. (4) In 2008, an estimated 3,200,000 foreclosures were reported nationwide. (5) Estimates suggest that this trend is likely to continue with millions more Americans potentially losing their homes to foreclosure in the next 4 years. (b) Purpose.--The purpose of this Act is to establish a commission to undertake a comprehensive analysis and review of the causes of the current foreclosure and mortgage lending crisis and to submit a report of its findings to the Congress. The Commission shall also recommend legislative and regulatory changes that will prohibit the kinds of lending practices that contributed to the increased foreclosure rate and the current mortgage lending crisis. SEC. 4. COMPOSITION. (a) Members.--The Commission shall be composed of 10 members as follows: (1) 2 members shall be appointed by the Speaker of the House of Representatives. (2) 2 members shall be appointed by the minority leader of the House of Representatives. (3) 2 members shall be appointed by the majority leader of the Senate. (4) 2 members shall be appointed by the minority leader of the Senate. (5) The Secretary of the Treasury or his designee. (6) The Chairman of the Board of Governors of the Federal Reserve System or his designee. (b) Deadline for Appointment.--All members of the Commission shall be appointed not later than 30 days after the date of the enactment of this Act. (c) Co-Chairmen.--Of the members appointed to the Commission under paragraphs (1) through (4) of subsection (a), 2 shall be designated as the Co-Chairmen of the Commission. One Co-Chairman shall be designated by the Speaker of the House of Representatives in consultation with the majority leader of the Senate and the other Co-Chairman shall be designated by the minority leader of the House of Representatives in consultation with the minority leader of the Senate. (d) Vacancies.--Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made. (e) Compensation.-- (1) In general.--Members of the Commission shall serve without pay. (2) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (f) Initial Meeting; Rules of Procedure; Quorum.-- (1) Initial meeting.--The Commission shall meet and begin the operations of the Commission not later than 60 days after the date of the enactment of this Act. (2) Meetings.--After its initial meeting, the Commission shall meet upon the call of a majority of its members. (3) Quorum.--A majority of the members of the Commission shall constitute a quorum. (4) Rules of procedure.--The Commission may establish rules for the conduct of the Commission's business, if such rules are consistent with this Act and other applicable law. SEC. 5. DUTIES. (a) In General.--The Commission shall-- (1) study and assess the current legal and regulatory framework governing the housing mortgage lending markets and investigate how such framework contributed to the increased foreclosure rate, including-- (A) refinancing practices; (B) loan-to-value ratios; and (C) the prevalence of fraudulent industry practices; (2) recommend changes to the current legal and regulatory framework to prohibit lending practices that have contributed to the mortgage lending crisis; (3) review the impact of subprime abuses and predatory lending practices; (4) assess the role of States in enacting policies to reduce predatory lending practices and abuses in the subprime markets; (5) assess the impact of mortgage-backed securities and the Federal National Mortgage Corporation (``Fannie Mae'') and the Federal Home Loan Mortgage Corporation (``Freddie Mac'') on the mortgage lending crisis; and (6) assess the impact of the Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) on the mortgage lending crisis. (b) Final Report.--Not later than 12 months after the date of enactment of this Act, the Commission shall submit to the Congress a final report containing such findings, conclusions, and recommendations as have been agreed to by a majority of Commission members. If, at the conclusion of such 12-month period, a majority of the Commission determines it necessary, the Commission may be granted a 6-month extension for submission of its final report upon written notification to the Congress. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings and Evidence.--The Commission may, for the purpose of carrying out this Act-- (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (2) subject to subsection (b)(1), subpoena or otherwise require the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Commission may determine advisable. (b) Subpoenas.-- (1) Issuance.-- (A) In general.--A subpoena may be issued under this section only by the affirmative vote of a majority of the members of the Commission. (B) Signature.--Subject to subparagraph (A), subpoenas issued under this section may be issued under the signature of the Co-Chairmen or any member designated by a majority of the Commission, may be served by any person designated by the Co-Chairmen or by a member designated by a majority of the Commission. (2) Enforcement.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under paragraph (1), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (B) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received as certification under section 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (c) Contract Authority.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to carry out its duties under this Act. (d) Information From Federal Agencies.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics to carry out its duties under this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a majority of the members of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (e) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services to assist the Commission in carrying out its duties. (2) Other departments and agencies.--In addition to the assistance described in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (g) Staff.-- (1) In general.-- (A) Appointment and compensation.--The Co-Chairmen, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level IV of the Executive Schedule under section 5316 of title 5, United States Code. (B) Personnel as federal employees.-- (i) In general.--The staff director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (ii) Members of the commission.--Clause (i) shall not apply to members of the Commission. (2) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (3) Expert and consultant services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (4) Volunteer services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the report required under section 5(b). (c) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulations, or Executive order. SEC. 8. TERMINATION. (a) In General.--The Commission and all the authorities of this Act, shall terminate not later than 60 days after the date on which the final report is submitted under section 5(b). (b) Administrative Activities Before Termination.--The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating the final report. (c) Authorization of Appropriation.--There are authorized to be appropriated such sums as necessary to carry out this Act.

Commission on the Foreclosure and Mortgage Lending Crisis Act - Establishes in the legislative branch the Commission on the Foreclosure and Mortgage Lending Crisis to: (1) study and report to Congress on the current legal and regulatory framework governing the housing mortgage lending markets and how it contributed to the increased foreclosure rate; (2) recommend changes to the current framework to prohibit lending practices that have contributed to the mortgage lending crisis; (3) review the impact of subprime abuses and predatory lending practices; (4) assess the role of states in enacting policies to reduce predatory lending practices and abuses in the subprime markets; (5) assess the impact of mortgage-backed securities and the Federal National Mortgage Corporation (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) upon the mortgage lending crisis; and (6) assess the impact of the Community Reinvestment Act of 1977 on the crisis.

To establish the Commission on the Foreclosure and Mortgage Lending Crisis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Access Preservation Act'' or the ``CAP Act''. SEC. 2. AMENDMENTS. (a) In General.--Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsections: ``(f) Equivalence.-- ``(1) In general.--In the case of any franchise under which channel capacity is designated under subsection (b), such channel capacity shall be-- ``(A) at least equivalent in quality, accessibility, functionality, and placement to-- ``(i) channel capacity used for required carriage of local commercial television stations, as defined in section 614(h)(1); or ``(ii) if no such stations are required to be carried, the channel capacity used to carry the primary signal of the network-affiliated commercial television stations carried on the cable system; and ``(B) provided to and viewable by every subscriber of a cable system without additional service or equipment charges. ``(2) Signal quality and content.--A cable operator shall-- ``(A) carry signals for public, educational, or governmental use from the point of origin of such signals to subscribers without material degradation and without altering or removing content provided as part of the public, educational, or governmental use; and ``(B) provide facilities adequate to fulfill such requirements. ``(3) Waiver.--The requirements of paragraph (1) may be waived by a franchising authority if the franchise contains an explicit provision that such requirements shall not apply and such provision was adopted after a proceeding the conduct of which afforded the public adequate notice and an opportunity to participate. ``(4) Enforcement.--The requirements of this subsection may be enforced by a franchising authority or by the Commission. ``(5) Additional requirements.--Nothing in this subsection prevents a franchising authority from establishing additional requirements with respect to the quality, accessibility, functionality, placement, and provision of channel capacity designated for public, educational, or governmental use. ``(g) Preservation of Public, Educational, and Governmental Use.-- ``(1) Study.--Within 180 days after the date of enactment of the Community Access Preservation Act, the Commission shall submit to Congress a report containing-- ``(A) an analysis of the impact of the enactment of State video service franchising laws since 2005 on public, educational, and governmental use of cable systems; ``(B) an analysis of the impact of the conversion from analog to digital transmission technologies on public, educational, and governmental use of cable systems; and ``(C) recommendations for changes required to this Act to preserve and advance localism and public, educational, and governmental use of advanced communications systems. ``(2) Support.--In States that adopted legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that became effective after May 31, 2005, a cable operator shall, notwithstanding such legislation-- ``(A) pay to any political subdivision in which the operator provides service the greater of-- ``(i) the historical support that the operator, or its predecessor, provided for public, educational, or governmental use of the cable system in such subdivision in accordance with this subsection; or ``(ii) the amount of any cash payment that the operator is required to pay to such subdivision under such State legislation affecting cable system franchising requirements; ``(B) carry signals for public, educational, or governmental use from the point of origin of such signals to subscribers and provide facilities adequate to fulfill such requirements in accordance with subsection (f)(2); and ``(C) provide at least the number of channels for public, educational, or governmental use that it was providing as of May 31, 2005. ``(3) Calculation of historical support.--Historical support includes the value of all support provided for public, educational, or governmental use, including in-kind support and free services. The cable operator shall pay support equal to the greater of-- ``(A) the value of the support provided in the most recent calendar year prior to the effective date of such State legislation affecting cable system franchising requirements; or ``(B) the value of the annual average support provided over the term of the franchise pursuant to which it operated prior to such effective date, taking into account the time value of money. ``(4) Payments.--The amounts owed to the political subdivision under paragraph (2)(A) shall be paid annually, in quarterly installments, with the first payment being due 30 days after the date of enactment of the Community Access Preservation Act. ``(5) Uses; disputes.-- ``(A) Uses.--Support provided to any State or local political subdivision under this subsection shall be dedicated to public, educational, or governmental use of channel capacity. ``(B) Disputes.--If there is a dispute as to amounts owed under this subsection, undisputed amounts shall be paid, and the Commission shall determine on an expedited basis what, if any, additional amounts are owed.''. (b) Franchise Fee Definition.--Section 622(g)(2) of such Act (47 U.S.C. 542(g)(2)) is amended-- (1) in subparagraph (B), by striking ``in the case of any franchise in effect on the date of the enactment of this title,''; (2) by striking subparagraph (C); and (3) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively. (c) Cable Service Definition.--Section 602(6) of such Act (47 U.S.C. 522(6)) is amended by striking ``means'' and inserting ``means, regardless of the technology or transmission protocol used in the provision of service''.

Community Access Preservation Act or the CAP Act - Amends the Communications Act of 1934 to require, with a specified waiver authority, that public, educational, and government (PEG) channels be: (1) carried in the same channel capacity as local commercial television channels, or if no such stations are required to be carried, in the same channel capacity as network-affiliated commercial television stations carried on cable; and (2) provided to every cable subscriber without additional service or equipment charges. Requires a cable operator to: (1) carry PEG signals to subscribers without material degradation and without altering content; and (2) provide facilities adequate to fulfill such requirements. Requires cable operators in states that have adopted statewide franchising to: (1) make PEG support payments equal to the greater of the cash payment required under state law or the value of historically-provided PEG support; (2) carry PEG signals from the point of origin to subscribers; and (3) provide at least the number of channels for PEG use provided as of May 31, 2005.

To amend the Communications Act of 1934 to provide for carriage and display of public, educational, and government channels in a manner consistent with commercial channels, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Westward Aquatic Threats Act''. SEC. 2. AMENDMENT OF NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990. 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 Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.). SEC. 3. 100TH MERIDIAN AND WESTWARD PROGRAM. Subtitle C (16 U.S.C. 4721 et seq.) is amended by adding at the end the following: ``SEC. 1210. 100TH MERIDIAN AND WESTWARD PROGRAM. ``(a) Public Information and Education.--The Secretary shall coordinate with the States to provide the public with information and education on the threat of zebra mussels and other aquatic nuisance species and how to prevent their westward advance. ``(b) Source States Action Plan.--The Secretary, in consultation with the Task Force, shall work with States that contain aquatic nuisance species, including zebra mussels, that threaten western States to develop and implement a prevention action plan that includes inspections of vessels at boat launches and elsewhere. ``(c) Movement Across the 100th Meridian.-- ``(1) Early detection and rapid response.--The Secretary, in consultation with the Task Force, shall seek to prevent westward movement of aquatic nuisance species by monitoring and preventing westward movement of zebra mussels and other aquatic nuisance species across and beyond the 100th meridian, monitoring water bodies, educating boaters leaving waters infected by aquatic nuisance species, and providing rapid response capacity in North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas. ``(2) Check stations.--Under this subsection, the Secretary, in collaboration with the Secretary of Transportation and the States, shall-- ``(A) work with States to establish check stations on highways and waterways that cross the 100th meridian, and require that all commercial vessels moving westward across the meridian stop and be checked for zebra mussels and aquatic weeds at such check stations; ``(B) require that contaminated vessels identified at such check stations be cleaned in accordance with protocols developed by the Task Force before being moved across the 100th meridian; ``(C) assess and collect from persons who violate such requirement more than one time a civil penalty of $150 for each violation after the first violation; ``(D) identify and record all vessels that stop at such check stations and the water body most recently visited by each such vessel; ``(E) focus prevention resources on States having the greatest number of contaminated vessels; and ``(F) coordinate implementation of this subsection with appropriate Canadian authorities. ``(d) Vector Action Plans.--The Secretary and the Task Force, in collaboration with the States and within 18 months after the date of the enactment of this subsection, shall-- ``(1) assess the relative risk of vectors and pathways of westward movement of zebra mussels and other aquatic nuisance species across the 100th meridian and throughout the western States and develop adequate action plans to control each pathway, ranked by priority; and ``(2) provide to the Task Force, for distribution to the States, data developed through such assessment. ``(e) Lewis and Clark Bicentennial Expedition.-- ``(1) In general.--The Secretary of the Interior shall ensure that the United States Fish and Wildlife Service and the National Park Service coordinate efforts to implement an action plan to prevent the spread of aquatic nuisance species by vessels and other potential vectors involved in the Lewis and Clark Bicentennial Expedition, including efforts to educate participants in such Expedition by no later than January 1, 2003. ``(2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of the Interior to carry out this subsection $100,000 for each of fiscal years 2002 through 2005. ``(f) Application in Other States.--If the Secretary determines that any State (other than those listed in subsection (c)) that is located west of the 100th meridian needs to be involved in implementation of this section for this section to be effective, the Secretary may apply this section in such State. ``(g) Evaluation of Effectiveness.--The Secretary shall enter into an arrangement with an independent entity under which the entity shall, by January 1, 2005, evaluate the effectiveness of the 100th meridian and westward program under this section in stopping the westward movement of zebra mussels and other aquatic nuisance species across and beyond the 100th meridian. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2003 through 2007.''. SEC. 4. STATE MANAGEMENT PLANS. (a) Grants to States for Development of Management Plans.--Section 1204(b) (16 U.S.C. 4724(b)) is amended-- (1) in paragraph (1) by inserting ``make grants to States to develop management plans under this section, including for hiring personnel for such development, and'' after ``at the recommendation of the Task Force,''; (2) in paragraph (3)(A) by striking ``each comprehensive management plan implemented with Federal assistance'' and inserting ``implementation of each comprehensive management plan''; and (3) in paragraph (3)(B) by striking ``each public facility management plan implemented with Federal assistance'' and inserting ``implementation of each public facility management plan''. (b) Authorization of Appropriations.--Section 1301 (16 U.S.C. 4724) is amended-- (1) in subsection (c) by striking ``There are authorized'' and all that follows through ``of which'' and inserting ``For grants to States under section 1204(b) there are authorized to be appropriated to the Director $10,000,000 for each of fiscal years 2003 through 2007, of which up to 20 percent may be available for plan development and of which''; and (2) by adding at the end the following: ``(f) Funding for Capacity Building by Western Regional Panel.--To build capacity and foster the development and implementation of comprehensive management plans under section 1204 for States located on or west of the 100th meridian there are authorized to be appropriated to the Western Regional panel established under section 1203(b) $600,000 for each of fiscal years 2003 through 2007.''.

Stop Westward Aquatic Threats Act - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of the Interior to: (1) provide the public with information and education on the threat of zebra mussels and other aquatic nuisance species and how to prevent their westward advance; (2) work with States that contain aquatic nuisance species (including zebra mussels) that threaten western States to develop and implement a prevention action plan that includes inspections of vessels at boat launches and elsewhere (including vessels involved in the Lewis and Clark Bicentennial Expedition); and (3) prevent westward movement of aquatic nuisance species by monitoring and preventing westward movement of zebra mussels and other aquatic nuisance species beyond the 100th meridian, monitoring water bodies, educating boaters leaving waters infected by aquatic nuisance species, and providing rapid response capacity in North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas.Authorizes the Director of the of the Aquatic Nuisance Species Task Force to make grants to States to develop management plans which identify those areas or activities within the State for which assistance is needed to eliminate or reduce the environmental, public health, and safety risks associated with aquatic nuisance species, particularly the zebra mussel.

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to prevent the westward spread of aquatic nuisance species by directing the Secretary of the Interior to prevent westward spread of such species across and beyond the 100th meridian, monitor water bodies, and provide rapid response capacity in certain Western States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community College Technology Access Act''. SEC. 2. GRANT PROGRAM. (a) Definitions.--In this Act: (1) Community college.--The term ``community college'' means an educational institution in any State that-- (A) admits as regular students only persons having-- (i) a certificate of graduation from a school providing secondary education or the recognized equivalent of such a certificate; or (ii) completed a secondary school education in a home school setting that is treated as a home school or private school under State law; (B) is legally authorized within such State to provide a program of education beyond secondary education; (C) provides not less than a 2-year program that is acceptable for full credit toward an associate's degree; (D) is a public or other nonprofit institution; and (E) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. (2) Computer lab.--The term ``computer lab'' means a dedicated community college facility that provides onsite computer software, hardware, and technical support for students, faculty, and staff. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). (b) Authorization of Grant Program.-- (1) In general.--From amounts appropriated under section 4, the Secretary shall award grants, on a competitive basis, to community colleges eligible under subsection (d) to enable the community colleges-- (A) to improve the accessibility of computer labs; and (B) to provide information technology training for students and members of the public seeking to improve their computer literacy and information technology skills. (2) Use of funds.-- (A) Mandatory.--A community college receiving a grant award under this Act shall use the grant funds for the maintenance, administration, and improvement of computer labs, which shall include-- (i) staffing facilities; (ii) purchasing computer equipment, including hardware and software; (iii) maintaining, repairing, and replacing technology equipment; (iv) maintaining and securing facilities; or (v) providing utilities for the facilities and computer equipment. (B) Additional uses with authorization.--A community college receiving a grant award under this Act may use the grant funds to expand or build a computer lab by submitting an application for such use to the Secretary and receiving authorization for such use from the Secretary. (c) Application.-- (1) In general.--A community college seeking a grant award under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (2) Proposed use.--A community college shall include in the application the community college's proposed use of the grant funds. (d) Eligibility.--A community college is eligible for a grant award under this Act if the community college's application under subsection (c) demonstrates that the community college will-- (1) keep a computer lab open not less than 10 hours on weekends to members of the public; (2) keep a computer lab open not less than 20 hours on weekday evenings to members of the public, except that if the computer lab is open more than 10 hours on weekends as required under paragraph (1), then each additional hour above 10 hours on weekends shall reduce by 1 hour the 20 hours required under this paragraph; (3) provide computer lab instruction (by an employee of the community college who is capable of providing basic computer instruction) to members of the public for hours that the computer lab is open under paragraphs (1) and (2); and (4) offer computer-related training at no charge to members of the public for hours that the computer lab is open under paragraphs (1) and (2). (e) Grant Amounts.--The Secretary shall determine the amount of a grant award under this Act based on the applications received under subsections (b)(2)(B) and (c). SEC. 3. REPORTS. (a) Annual Report by a Community College.--For each fiscal year that a community college receives a grant award under this Act, the community college shall submit to the Secretary, by a date determined by the Secretary, a report that contains a review and evaluation of the computer lab, including the computer lab's costs, hours of operation, and amount of users. (b) Report by Secretary.--The Secretary shall submit annually to Congress a report on the grant program assisted under this Act, including the number of grant awards made and the approximate number of persons served by each computer lab receiving funds under this Act. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $125,000,000 for each of the fiscal years 2010 to 2014.

Community College Technology Access Act - Directs the Secretary of Education to award grants to community colleges for the maintenance, administration, and improvement of computer labs to enhance student and public access to information technology training. Allows grantees to use grant funds to expand or build a computer lab facility if they ask and receive the Secretary's authorization to do so. Requires grantees to keep their computer labs open to the public for specified minimum periods and to offer the public free computer-related training while open.

A bill to provide grants to community colleges to improve the accessibility of computer labs and to provide information technology training for students and members of the public seeking to improve their computer literacy and information technology skills.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Quality Assurance Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Department of Veterans Affairs administers the largest health care network in the United States, including 172 hospitals, 73 home care programs, more than 800 community-based outpatient clinics, and numerous other specialized care facilities. (2) There are approximately 25,000,000 veterans in the United States, including approximately 19,300,000 veterans of a period of war. (3) The number of veterans seeking medical care in Department medical facilities is increasing nationwide. (4) The medical caseload of the Department in fiscal year 2000 was expected to total approximately 3,800,000 cases, an increase of 185,000 cases from fiscal year 1999. The medical caseload of the Department is further expected to increase to 3,900,000 cases in fiscal year 2001. In fiscal year 2001, outpatient visits to Department facilities are expected to increase by 2,600,000 visits to approximately 40,400,000 visits. (5) The average age of veterans is increasing. The increase in the average age of veterans is expected to result in additional demands for health care services, including more frequent and long-term health needs. (6) The Department is attempting to meet increasing demand for medical care without substantial increases in appropriations, mainly through efforts to increase efficiency. (7) The need to treat more veterans without substantial increases in available resources has resulted in serious concerns about the potential for loss of quality of care and of patient satisfaction. (8) Many of the regional networks and hospitals administered by the Veterans Health Administration report that timely access to high quality health care may be jeopardized by inadequate funding. SEC. 3. SENSE OF CONGRESS ON MAXIMIZATION AND EFFICIENT USE OF HEALTH CARE RESOURCES BY THE DEPARTMENT OF VETERANS AFFAIRS. It is the sense of Congress that the Secretary of Veterans Affairs should-- (1) require the directors of the Department of Veterans Affairs health care networks to systematically share information on means of maximizing resources and increasing efficiency without compromising quality of care and patient satisfaction; (2) require exchange and mentoring programs among and between such networks in order to facilitate the sharing of such information; (3) provide incentives to such networks to increase efficiency and meet uniform quality and patient satisfaction goals; and (4) institute a formal oversight process to ensure that-- (A) all such networks meet uniform efficiency goals; and (B) efforts to increase efficiency are equitable between and among such networks and their facilities. SEC. 4. QUALITY ASSURANCE AUDITS BY INSPECTOR GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS. Section 312 of title 38, United States Code, is amended by adding at the end the following: ``(c)(1) In addition to the other responsibilities of the Inspector General under this section, the Inspector General shall also conduct an audit of the quality of health care furnished by each health care network, and by each health care facility, of the Department. ``(2) Each audit under paragraph (1) shall measure the following: ``(A) The quality of health care furnished by the Department. ``(B) The satisfaction of patients with the health care furnished by the Department. ``(C) Resource and financial management. ``(D) The extent to which the funds allocated to health care programs of the Department are adequate to support such programs. ``(3) An audit shall be conducted under paragraph (1) for each health care network, and for each health care facility, not less often than once every three years. ``(4) The Inspector General may make such recommendations to the Secretary regarding means of improving the quality of health care furnished to veterans as the Inspector General considers appropriate as a result of the audits under this subsection.''. SEC. 5. INFORMATION ON EFFICIENCY, QUALITY, AND PATIENT SATISFACTION IN PROVISION OF HEALTH CARE BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) Dissemination and Sharing of Information on Efficient Provision of Health Care.--(1) The Secretary of Veterans Affairs, acting through the Under Secretary for Health of the Department of Veterans Affairs, shall provide for the dissemination and sharing within and among Department of Veterans Affairs health care networks of information designed to ensure that all Department medical care centers meet uniform efficiency standards in the provision of health care to veterans. (2) The Secretary shall meet the requirement in paragraph (1) through the publication of guidance materials and best practice summaries and by such other means as the Secretary considers appropriate. (b) Efficiency Goals and Quality and Patient Satisfaction Standards.--(1) The Secretary, acting through the Under Secretary for Health, shall issue on an annual basis efficiency goals and quality and patient satisfaction standards in the provision of health care to veterans for each Department health care facility. The efficiency goals and quality and patient satisfaction standards for each facility shall be consistent with such goals and standards as the Secretary shall establish for the Department as a whole. (2)(A) The Secretary shall, on an annual basis, submit to Congress a report on the extent to which each Department health care facility met the efficiency goals and quality and patient satisfaction standards for such facility under paragraph (1) during the preceding year. (B) Each report under subparagraph (A) shall set forth a comparison between the performance of each Department health care facility with respect to the efficiency goals and quality and satisfaction standards for such facility for the year involved and the average performance of all Department health care facilities with respect to such goals and standards for such year. The comparison shall be stated in a manner which permits a clear and understandable comparison of the performance of each facility with the average performance of all such facilities. SEC. 6. OFFICE OF HEALTH CARE QUALITY ASSURANCE. (a) Establishment.--(1) Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 7324. Office of Health Care Quality Assurance ``(a) In General.--There shall be within the Department an office to be known as the `Office of Health Care Quality Assurance' (in this section referred to as the `Office'). The Office shall be located for administrative purposes within the Office of the Under Secretary for Health. ``(b) Director.--The head of the Office is the Director of Health Care Quality Assurance. ``(c) Staff and Support.--The Under Secretary for Health shall provide the Office with such staff and other support as may be necessary for the Office to carry out effectively its functions under this section. ``(d) Functions.--The functions of the Office are as follows: ``(1) To ensure the implementation of any recommendations of the Inspector General of the Department as a result of audits conducted by the Inspector General under section 312(c) of this title. ``(2) To collect and ensure the dissemination of information on initiatives, programs, policies, procedures, strategies, and best practices that have been proven to increase efficiency and resource utilization without undermining quality or patient satisfaction in the furnishing of health care to veterans. ``(3) To take such other actions relating to the assurance of quality in the furnishing of health care by the Veterans Health Administration as the Under Secretary for Health considers appropriate.''. (2) The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7323 the following new item: ``7324. Office of Health Care Quality Assurance.''. (b) Placement in Office of Under Secretary for Health.--Section 7306(a) of title 38, United States Code, is amended-- (1) by redesignating paragraph (9) as paragraph (10); and (2) by inserting after paragraph (8) the following new paragraph (9): ``(9) The Director of Health Care Quality Assurance, who shall be responsible to the Under Secretary for Health for the operation of the Office of Health Care Quality Assurance.''. (c) Sense of Congress on Director as Advocate for Veterans.--It is the sense of Congress that the Director of the Office of Health Care Quality Assurance should act as an advocate for veterans in carrying out activities under section 7324 of title 38, United States Code, as added by subsection (a). SEC. 7. REPORT ON EFFICIENCIES IN PROVISION OF HEALTH CARE BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) Requirement.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on efficiencies in the furnishing of health care to veterans in the health care networks and facilities of the Department of Veterans Affairs. (b) Elements.--The report shall include the following: (1) A survey of each health care network of the Department, including a summary of the efforts of each network to increase efficiency in the furnishing of health care to veterans. (2) An assessment of the extent to which such networks, and the facilities within such networks, are or are not implementing uniform, Department-wide policies to increase efficiency in the furnishing of health care to veterans.

Veterans Health Care Quality Assurance Act of 2001 - Expresses the sense of Congress that the Secretary of Veterans Affairs should: (1) require the directors of the Department of Veterans Affairs health care networks to systematically share information on maximizing resources and increasing efficiency without compromising quality of care and patient satisfaction; (2) require exchange and mentoring programs to facilitate such sharing; (3) provide incentives to increase efficiency and meet quality and patient satisfaction goals; and (4) institute a formal oversight process to meet such goals.Requires the Department's Inspector General, at least every three years, to audit the quality of health care furnished by each Department health care network and facility.Directs the Secretary to provide for the dissemination and sharing with Department health care networks of information designed to ensure efficiency in the provision of health care to veterans, including efficiency goals and quality and patient satisfaction standards.Establishes within the Department the Office of Health Care Quality Assurance to ensure the establishment and implementation of efficiency goals and quality and patient satisfaction standards throughout the Department. Expresses the sense of Congress that the Office director should act as an advocate for veterans in receiving quality health care.

A bill to amend title 38, United States Code, to enhance the assurance of efficiency, quality, and patient satisfaction in the furnishing of health care to veterans by the Department of Veterans Affairs, and for other purposes.

SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (k) Exemption From Maximum Benefit Cap.--Section 203 of such Act (42 U.S.C. 403 is amended by adding at the end the following new subsection: ``Exemption From Maximum Benefit Cap ``(m) Notwithstanding any other provision of this section, the application of this section shall be made without regard to any benefit of an individual under section 202, 223, or 228 for the month in which such individual dies.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after 180 days after the date of the enactment of this Act.

Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to continue an individual's entitlement to benefits through the month of his or her death, without affecting any other person's entitlement to benefits for that month.Disregards monthly benefits received for the month in which the individual dies for purposes of the maximum benefit cap.

To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Patriots of WWII through Service with the Canadian and British Armed Forces Gold Medal Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Americans from across the country served in defense of democracy and freedom during World War Two (WWII) by volunteering for service with the Canadian and British militaries and other associated organizations that were fighting Nazi and Fascist aggression. Many United States citizens perceived the importance of this war and the severe impact Nazism and Fascism could have on the American way of life. Therefore, prior to the United States entry into the conflict and indeed throughout WWII these patriots independently crossed the border into Canada and entered Canadian and British armed forces recruiting offices or sought out representatives based in major United States municipalities and elsewhere. (2) When the ``United Kingdom of Great Britain and Northern Ireland'' and the ``British Commonwealth of Nations'' were drawn into WWII after Germany invaded Poland in 1939, the Canadian and British air forces made a concerted effort to recruit Americans. (3) It is documented that thousands of Americans joined the Canadian and British armed forces, a large percentage joining the Royal Canadian Air Force (RCAF) alone. In a 1942 film Air Marshal William Avery ``Billy'' Bishop, an organizer and promoter of the British Commonwealth Air Training Plan (BCATP) and Director of the Royal Canadian Air Force, recognized the ``gallant lads from the United States who have come up here to help and serve with us''. Notably, many Americans were also recruited and processed through Canada before being assigned to or detached for the purpose of Royal Air Force (RAF) service. (4) General of the Army, Army of the United States, Dwight D. Eisenhower, the former Supreme Allied Commander of the Allied Expeditionary Force, referenced, in a speech on January 10, 1946, the ``some twelve thousand American citizens'' who crossed into Canada with the goal of entering the Canadian armed forces. Although the precise numbers of Americans who were in Canadian and British service are unknown, media accounts published by Allied journalists during the conflict nonetheless detail their legacies of volunteerism, personal sacrifice, and bravery. (5) Americans also joined the Canadian Aviation Bureau, and the Home Guard, Air Transport Auxiliary (ATA), and Royal Air Force Ferry Command/Transport Command in Britain. The existence of these ancillaries enabled patriotic citizens, who were, at least initially, unable to join a branch of the United States military due to gender, age, race, health, the lack of sufficient college education, or other reasons, to support the war effort. Those who contributed via these alternative concerns were no less essential to attaining victory. (6) The infusion of Americans into Canada helped to reduce shortages of civilian and military pilots in the BCATP, and President Franklin Roosevelt paid tribute to both Canada and the program in a wartime letter to Canadian Prime Minister William Lyon Mackenzie King. Within the correspondence President Roosevelt used the phrase ``the Aerodrome of Democracy''. (7) As members of the Canadian and British militaries, the American volunteers served in many capacities. Extant military rolls and individual service records document, and thereby testify to, their contributions. (8) A sizable number of Americans lost their lives or were wounded while serving in the RCAF and RAF. The Canadian Army, British Army, Royal Canadian Navy, and Royal Navy also incurred American personnel casualties. Those who perished and the survivors demonstrated the exceptional courage that has been repeatedly displayed in the defense of freedom throughout American history. (9) A unique and highly publicized group of Americans, who were members of the RCAF and RAF, were posted to the famous RAF Eagle Squadrons and thereby showcased the important roles American volunteers were undertaking. British Prime Minister Winston Churchill, whose mother was American, played an important role in originally promoting the concept of the Eagle Squadrons to the Air Ministry. (10) The early successes of female ferry aircrews paved the way for the formation in the United States of the Women Airforce Service Pilots (WASP) in 1943. The exceptional legacy of the Women Airforce Service Pilots, ATA, etc., provided essential support and paved the way for future generations of military women. (11) A substantial portion of the Americans serving in Canadian and British aerial forces transferred to the United States Army Air Forces between 1942 and 1944, while others elected to enter other branches of the United States Military. (12) The practical experience these veterans of Canadian and British service possessed provided the inexperienced American Forces with an immediate degree of competence and effectiveness. More than a few became accomplished combat pilots, the American Fighter Aces Association possessing many of them within the organization's core membership. (13) The bravery and foresight displayed by the Americans who enlisted in the Canadian and British armed forces represent a largely unrecognized story of valor, and their initiatives are worthy of official recognition. (14) The United States Nationals who volunteered for service with military-associated Canadian and British ancillary entities are to be equally recognized for their volunteerism, contributions, and sacrifices. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to all United States nationals who voluntarily joined the Canadian and British armed forces and their supporting entities during World War Two, in recognition of their dedicated service. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere. (d) Duplicate Medals.--Under regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. STATUS OF MEDALS. (a) National Medals.--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 section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

American Patriots of WWII through Service with the Canadian and British Armed Forces Gold Medal Act of 2017 This bill directs the President pro tempore of the Senate and the Speaker of the House of Representatives to arrange for the award of a Congressional Gold Medal to all U.S. nationals who voluntarily joined the Canadian and British armed forces and their supporting entities during World War II, in recognition of their dedicated service.

American Patriots of WWII through Service with the Canadian and British Armed Forces Gold Medal Act of 2017

SECTION 1. DEDUCTION DISALLOWED FOR CERTAIN TOBACCO COMPANY PAYMENTS. (a) In General.--Section 162 of the Internal Revenue Code of 1986 (defining trade or business expenses) is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Certain Tobacco Company Payments Not Deductible.-- ``(1) In general.--No deduction otherwise allowable shall be allowed under this chapter for any amount paid or incurred to the Federal Government or to any State or local government pursuant to any applicable tobacco judgment or settlement. ``(2) Reporting of payments.--Any taxpayer to which paragraph (1) applies for any taxable year shall include on its return of tax imposed by this chapter for such taxable year the total amount of payments for which a deduction is not allowed and such other information as the Secretary may prescribe. ``(3) Applicable tobacco judgment or settlement.--For purposes of this subsection, the term `applicable tobacco judgment or settlement' means-- ``(A) any judgment in any civil action seeking damages in connection with the manufacture or sale of any tobacco product; and ``(B) any settlement agreement arising out of any such civil action, including the tobacco industry settlement agreement of June 20, 1997 (and any modification or successor thereof). Such term shall include any law enacted to implement any settlement described in subparagraph (B).'' (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to any payments made on or after November ____, 1997, pursuant to any judgment entered, or settlement agreement entered into, on or after such date. (2) Special rule for settlement agreement.--In the case of the tobacco industry settlement agreement of June 20, 1997, such agreement shall be treated as entered into on the date of the enactment of Federal legislation implementing the agreement. SEC. 2. NATIONAL INSTITUTES OF HEALTH TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9512. NATIONAL INSTITUTES OF HEALTH TRUST FUND FOR HEALTH RESEARCH. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `National Institutes of Health Trust Fund for Health Research' (hereafter referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or transferred to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Trust Fund an amount equivalent to the net increase in revenues received in the Treasury attributable to the application of section 162(o) as estimated by the Secretary. ``(c) Obligations From Trust Fund.-- ``(1) In general.--Subject to the provisions of paragraph (4), with respect to the amounts made available in the Trust Fund in a fiscal year, the Secretary of Health and Human Services shall distribute during any fiscal year-- ``(A) 2 percent of such amounts to the Office of the Director of the National Institutes of Health to be allocated at the Director's discretion-- ``(i) for carrying out the responsibilities of the Office of the Director, including the Office of Research on Women's Health and the Office of Research on Minority Health, the Office of Alternative Medicine, the Office of Rare Disease Research, the Office of Behavioral and Social Sciences Research (for use for efforts to reduce tobacco use), the Office of Dietary Supplements, and the Office for Disease Prevention; and ``(ii) for construction and acquisition of equipment for or facilities of or used by the National Institutes of Health; ``(B) 2 percent of such amounts for transfer to the National Center for Research Resources to carry out section 1502 of the National Institutes of Health Revitalization Act of 1993 concerning Biomedical and Behavioral Research Facilities; and ``(C) the remainder of such amounts to member institutes and centers, including the Office of AIDS Research, of the National Institutes of Health in the same proportion to the total amount received under this section, as the amount of annual appropriations under appropriations Acts for each member institute and Centers for the fiscal year bears to the total amount of appropriations under appropriations Acts for all member institutes and Centers of the National Institutes of Health for the fiscal year. ``(2) Plans of allocation.--The amounts transferred under paragraph (1)(C) shall be allocated by the Director of the National Institutes of Health or the various directors of the institutes and centers, as the case may be, pursuant to allocation plans developed by the various advisory councils to such directors, after consultation with such directors. ``(3) Grants and contracts fully funded in first year.-- With respect to any grant or contract funded by amounts distributed under paragraph (1), the full amount of the total obligation of such grant or contract shall be funded in the first year of such grant or contract, and shall remain available until expended. ``(4) Trigger and release of monies and phase-in.-- ``(A) Trigger and release.--No expenditure shall be made under paragraph (1) during any fiscal year in which the annual amount appropriated for the National Institutes of Health is less than the amount so appropriated for the prior fiscal year. ``(B) Phase-in.--The Secretary of Health and Human Services shall phase in the distributions required under paragraph (1) so that-- ``(i) 25 percent of the amount in the Trust Fund is distributed in the first fiscal year for which funds are available; ``(ii) 50 percent of the amount in the Trust Fund is distributed in the second fiscal year for which funds are available; ``(iii) 75 percent of the amount in the Trust Fund is distributed in the third fiscal year for which funds are available; and ``(iv) 100 percent of the amount in the Trust Fund is distributed in the fourth and each succeeding fiscal year for which funds are available. ``(d) Budget Treatment of Amounts in Trust Fund.--The amounts in the Trust Fund shall be excluded from, and shall not be taken into account, for purposes of any budget enforcement procedure under the Congressional Budget Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985.'' (b) Conforming Amendment.--The table of sections for such subchapter A is amended by adding at the end the following new item: ``Sec. 9512. National Institutes of Health Trust Fund for Health Research.''

Amends the Internal Revenue Code to prohibit a deduction for any amount paid to the Federal Government or State or local government pursuant to any tobacco judgment or settlement. Establishes the National Institutes of Health Trust Fund for Health Research into which shall be deposited the net increase in revenues received attributable to the provisions of the preceding paragraph.

A bill to amend the Internal Revenue Code of 1986 to disallow a Federal income tax deduction for payments to the Federal Government or any State or local government in connection with any tobacco litigation or settlement and to use any increased Federal revenues to promote public health.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection Act of 1997''. SEC. 2. ESTABLISHMENT OF TELEPHONE ACCESS TO DATABASE. Subtitle A of title XVII of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071 et seq.) is amended by adding at the end the following new section: ``SEC. 170103. TELEPHONE ACCESS TO FBI DATABASE. ``(a) Establishment.--(1) The Attorney General shall establish, publicize, and operate a national telephone service by which a person (as defined in subsection (f)(2)) may request the information described in paragraph (2). ``(2) The information described in this paragraph is whether an individual (as defined in subsection (f)(3)), other than a victim of an offense that requires registration under this subtitle, is listed in the database established under section 170102. ``(b) Description of Individual.--The Attorney General shall not disclose the information described in subsection (a)(2) unless the person seeking such information provides his or her full name, the full name of the individual, and one or more of the following: ``(1) The address of the individual's residence. ``(2) The individual's Social Security number. ``(3) The individual's driver's license number or the number the identification card issued by State or local authorities in lieu of a driver's license. ``(4) The individual's date of birth. ``(5) Such other information as the Attorney General determines to be appropriate for purposes of identification of the individual. ``(c) Notice to Caller.--Prior to disclosing information described in subsection (a)(2), and without charging a fee for the same, the Attorney General shall provide the following general information in the form of a recorded message: ``(1) The requirements described in subsection (b). ``(2) The fee for the use of the telephone service. ``(3) A warning that information received pursuant to such request may not be misused, as described in subsection (e), and notice of the penalties for such misuse of the information. ``(4) A warning that the service is not be available to persons under 18 years of age. ``(5) Such other information as the Attorney General determines to be appropriate. ``(d) Fees for Use of Service.-- ``(1) Fee for access to information in database.--The Attorney General shall charge a fee for each use of the service for information described in subsection (a) from the service. ``(2) Limitation on number of requests.--A person may not make more than two requests for such information per use of the service. ``(3) Use of fees to defray expenses of service.--Moneys received under paragraph (1) shall be used to pay for the expenses of the operation of the service. ``(4) Surplus funds from fees.--With respect to any money remaining after the payment of the expenses of the operation of the service, the Attorney General shall-- ``(A) deposit such money in the general fund of the Treasury; or ``(B) use such money to reduce the amount of the fee charged under this subsection. ``(e) Penalties for Misuse of Information.-- ``(1) Prohibitions.--Whoever, having obtained information described in subsection (a)(2) from the service, knowingly uses such information-- ``(A) for any purpose other than to protect a minor at risk; or ``(B) with respect to insurance, housing, or any other use that the Attorney General may determine-- ``(i) is unnecessary for the protection of a minor at risk or; ``(ii) which creates a disproportionate prejudicial effect, shall be punished as provided in paragraph (2). ``(2) Civil penalty.--Each person who violates the provisions of paragraph (1) shall be subject to a civil penalty imposed by the Attorney General of not more than $1,000 for each violation. ``(f) Definitions.--As used in this section: ``(1) Minor at risk.--The term `minor at risk' means a minor, as that term is defined in section 2256(1) of title 18, United States Code, who is or may be in danger of becoming a victim of an offense, for which registration is required under this subtitle, by an individual about whom the information described in subsection (a)(2) is sought. ``(2) Person.--The term `person' means a person who requests the information described in subsection (a)(2). ``(3) Individual.--The term `individual' means an individual who is required to register under this subtitle.''.

Child Protection Act of 1997 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct the Attorney General to establish, publicize, and operate a national telephone service by which individuals may gain access to the Federal Bureau of Investigation database that tracks the movement and whereabouts of sex offenders. Sets forth requirements regarding: (1) information that may not be disclosed; (2) notice to callers of fees, penalties for misuse of such information, and unavailability of the service to persons under age 18; (3) fees for use of the service; (4) limitations on the number of requests; (5) prohibited uses of such information; and (6) civil penalties imposed by the Attorney General of up to $1,000 per violation.

Child Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Whirling Disease Response Act of 1995''. SEC. 2. FINDINGS. Congress finds that-- (1) the Madison River is a world-renowned, blue-ribbon trout river in Montana, over which the State has principal management authority; (2) rainbow trout populations in the upper reaches of the Madison River have declined from 3,300 fish per mile in 1991 to 300 fish per mile in 1994; (3) these sharp declines have occurred simultaneously with the detection of whirling disease, which is caused by myxobolus cerebralis, a parasite that induces significant deformity in trout and can affect the stability of wild trout populations; (4) because cold water sport fisheries provide tremendous economic and recreational benefits to the United States, it is in the public interest to devote resources to mitigate and control the spread and impact of whirling disease on trout populations in the Madison River and other rivers in the United States; (5) because Montana is the only State in the continental United States that manages fluvial cold water sport fisheries as wild, naturally reproducing populations and, therefore, the impacts of myxobolus cerebralis can be observed without confounding influences related to propagation and stocking activities, it is desirable to locate Federal activities dedicated to the study of whirling disease in Montana; (6) the United States Fish and Wildlife Service is the Federal agency with appropriate expertise and responsibility to work collaboratively with the State of Montana to address whirling disease; and (7) the United States Fish and Wildlife Service Fish Technology Center in Bozeman, Montana, is the appropriate office to assist the State in the testing of fish affected by whirling disease. SEC. 3. WHIRLING DISEASE REPORT. (a) Preliminary Report.--Not later than 180 days after the date of enactment of this Act, the Director of the United States Fish and Wildlife Service shall submit a preliminary report to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives that-- (1) summarizes Federal efforts and findings as of the date of the report with respect to whirling disease and other fish parasites and pathogens; (2) identifies gaps in scientific information with respect to whirling disease and other fish parasites and pathogens; and (3) recommends interim management initiatives that can be carried out by the United States Fish and Wildlife Service to assist the State of Montana and other States in curbing the spread of whirling disease, and other fish parasites and pathogens, in the Madison River and to other rivers and minimizing the impacts of the disease, parasites, and pathogens. (b) Final Report.--Not later than 3 years after the date of enactment of this Act, the Director of the United States Fish and Wildlife Service shall submit a final report to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives that-- (1) provides the summary and identification described in paragraphs (1) and (2) of subsection (a) as of the date of submission of the final report; (2) identifies likely causes for the spread of whirling disease, and other fish parasites and pathogens, throughout the western United States; and (3) recommends initiatives, and provides information concerning scientific design for the initiatives, that can be carried out by the United States Fish and Wildlife Service to assist the State of Montana and other States in curbing the spread of whirling disease, and other fish parasites and pathogens, in the Madison River and to other rivers and minimizing the impacts of the disease, parasites, and pathogens. SEC. 4. WHIRLING DISEASE DIAGNOSIS. The United States Fish and Wildlife Service shall make funds available to the Fish Technology Center in Bozeman, Montana, to permit continued field and laboratory studies, including research, diagnostic services and testing of infected fish, that will lead to measures that mitigate and control whirling disease in the Madison River and other rivers. SEC. 5. WHIRLING DISEASE RESEARCH STATION. The United States Fish and Wildlife Service shall make funds available to the Fish Technology Center in Bozeman, Montana, to construct a complete containment facility in which whirling disease, and other fish parasites and pathogens, can be studied without danger of watershed contamination. SEC. 6. WHIRLING DISEASE COOPERATIVE RESEARCH PROGRAM. The United States Fish and Wildlife Service shall make funds available for cooperative studies with State, local, and private entities to study whirling disease, and other fish parasites and pathogens, at the Fish Technology Center in Bozeman, Montana. SEC. 7. ENNIS FISH HATCHERY. The United States Fish and Wildlife Service shall make funds available for modifications at the Ennis, Montana, fish hatchery to prevent the introduction and spread of whirling disease or other fishborne diseases in the Madison River. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, to remain available until expended.

Whirling Disease Response Act of 1995 - Requires the Director of the United States Fish and Wildlife Service to submit preliminary and final reports to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives concerning whirling fish disease and other fish parasites and pathogens. Directs the United States Fish and Wildlife Service to make funds available to: (1) the Fish Technology Center in Bozeman, Montana; and (2) State, local, and private entities for cooperative studies of whirling disease at such center. Authorizes appropriations.

Whirling Disease Response Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women Veterans' Health Act of 1996''. SEC. 2. WOMEN'S HEALTH SERVICES. (a) Women's Health Services.--Section 1701 of title 38, United States Code, is amended-- (1) in paragraph (6)(A)(i), by inserting ``women's health services,'' after ``preventive health services,''; and (2) by adding at the end the following: ``(10) The term `women's health services' means health care services provided to women. Such term includes counseling and services relating to the following: ``(A) Papanicolaou tests (pap smear). ``(B) Breast examinations and mammography. ``(C) The management and prevention of sexually transmitted diseases. ``(D) Menopause, osteoporosis, and other conditions relating to aging. ``(E) Cardiac care. ``(F) Physical and psychological conditions arising out of acts of sexual violence. ``(G) Physical and psychological conditions that result from homelessness.''. (b) Contracts for Women's Health Services.--Section 1703(a) of such title is amended by adding at the end the following: ``(9) Women's health services for veterans on an ambulatory or outpatient basis.''. (c) Repeal of Superseded Authority.--Section 106 of the Veterans Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1710 note) is amended-- (1) by striking out subsection (a); and (2) by striking out ``(b) Responsibilities of Directors of Facilities.--'' before ``The Secretary''. SEC. 3. COUNSELING AND TREATMENT FOR SEXUAL TRAUMA. (a) Counseling.--Subsection (a)(1) of section 1720D of title 38, United States Code, is amended by striking out ``During the period through December 31, 1998, the Secretary'' and inserting in lieu thereof ``The Secretary''. (b) Treatment.--Subsection (a)(2) of such section is amended by striking out ``During the period referred to in paragraph (1), the Secretary'' and inserting in lieu thereof ``The Secretary''. (c) Contract Counseling.--Subsection (a)(3) of such section is amended by striking out ``, during the period through December 31, 1998,''. SEC. 4. REPORT ON WOMEN'S HEALTH CARE AND RESEARCH. (a) In General.--Not later than January 1, 1999, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the provision of health care services and the conduct of research carried out by, or under the jurisdiction of, the Secretary relating to women veterans. The report shall be prepared through the Center for Women Veterans established under section 318 of title 38, United States Code, which shall prepare the report in consultation with the Advisory Committee on Women Veterans established under section 542 of that title. (b) Contents.--The report under subsection (a) shall include the following information: (1) The number of women veterans who have received women's health services (as such term is defined in section 1701(10) of title 38, United States Code) in facilities under the jurisdiction of the Secretary (or the Secretary of Defense), shown by reference to the Department facility which provided (or, in the case of Department of Defense facilities, arranged for) those services. (2) A description of-- (A) the services provided at each such facility; (B) the type and amount of services provided by such personnel, including information on the numbers of inpatient stays and the number of outpatient visits through which such services were provided; and (C) the extent to which each such facility relies on contractual arrangements under section 1703 or 8153 of title 38, United States Code, to furnish care to women veterans in facilities which are not under the jurisdiction of the Secretary where the provision of such care is not furnished in a medical emergency. (3) The steps taken by each such facility to expand the provision of services at such facility (or under arrangements with the Department of Defense facility) to women veterans. (4) A description of the personnel of the Department who provided such services to women veterans, including the number of employees (including both the number of individual employees and the number of full-time employee equivalents) and the professional qualifications or specialty training of such employees and the Department facilities to which such personnel were assigned. (5) A description of any actions taken by the Secretary to ensure the retention of the personnel described in paragraph (4) and any actions undertaken to recruit such additional personnel or personnel to replace such personnel. (6) An assessment by the Secretary of any difficulties experienced by the Secretary in the furnishing of such services and the actions taken by the Secretary to resolve such difficulties. (7) A description (as of October 1 of the year preceding the year in which the report is submitted) of the status of any research relating to women veterans being carried out by or under the jurisdiction of the Secretary. (8) A description of the actions taken by the Secretary to foster and encourage the expansion of such research. SEC. 5. EXPANSION OF RESEARCH RELATING TO WOMEN VETERANS. (a) Inclusion of Women and Minorities in Health Research.--Section 7303(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking out ``that, whenever possible and appropriate--'' and inserting in lieu thereof ``that--''; and (2) by adding at the end the following new paragraph: ``(3) The requirement in paragraph (1) regarding women and members of minority groups who are veterans may be waived by the Secretary of Veterans Affairs with respect to a project of clinical research if the Secretary determines that the inclusion, as subjects in the project, of women and members of minority groups, respectively-- ``(A) is inappropriate with respect to the health of the subjects; ``(B) is inappropriate with respect to the purpose of the research; or ``(C) is inappropriate under such other circumstances as the Secretary may designate.''. (b) Health Research Relating to Women.--Section 7303(d) of such title is amended by adding at the end the following new paragraphs: ``(3) The Secretary shall foster and encourage research under this section on the following matters as they relate to women: ``(A) Breast cancer. ``(B) Gynecological and reproductive health, including gynecological cancer, infertility, sexually-transmitted diseases, and pregnancy. ``(C) Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. ``(D) Mental health, including post-traumatic stress disorder, depression, combat related stress, and trauma. ``(E) Diseases related to aging, including menopause, osteoporosis, and Alzheimer's disease. ``(F) Substance abuse. ``(G) Sexual violence and related trauma. ``(H) Exposure to toxic chemicals and other environmental hazards. ``(I) Cardiac care. ``(4) The Secretary shall, to the maximum extent practicable, ensure that personnel of the Department of Veterans Affairs engaged in the research referred to in paragraph (1) include the following: ``(A) Personnel of the geriatric research, education, and clinical centers designated pursuant to section 7314 of this title. ``(B) Personnel of the National Center for Post-Traumatic Stress Disorder established pursuant to section 110(c) of the Veterans Health Care Act of 1984 (Public Law 98-528; 98 Stat. 2692). ``(5) The Secretary shall ensure that personnel of the Department engaged in research relating to the health of women veterans are advised and informed of such research engaged in by other personnel of the Department.''. SEC. 6. POPULATION STUDY. (a) Study.--The Secretary of Veterans Affairs, subject to subsection (f), shall conduct a study to determine the needs of veterans who are women for health-care services. The study shall be carried out through the Center for Women Veterans. (b) Consultation.--Before carrying out the study, the Secretary shall request the advice of the Advisory Committee on Women Veterans on the conduct of the study. (c) Persons To Be Included in Sample of Veterans Studied.--(1) Subject to paragraph (2), the study shall be based on-- (A) an appropriate sample of veterans who are women; and (B) an examination of the medical and demographic histories of the women comprising such sample. (2) The sample referred to in paragraph (1) shall constitute a representative sampling (as determined by the Secretary) of the ages, the ethnic, social and economic backgrounds, the enlisted and officer grades, and the branches of service of all veterans who are women. The Secretary shall ensure that homeless Women Veterans are included in the sample. (3) In carrying out the examination referred to in paragraph (1)(B), the Secretary shall determine the number of women of the sample who have used medical facilities of the Department, nursing home facilities of or under the jurisdiction of the Department, and outpatient care facilities of or under the jurisdiction of the Department. (d) Reports.--The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives reports relating to the study as follows: (1) Not later than nine months after the date of the enactment of this Act, an interim report describing (A) the information and advice obtained by the Secretary from the Advisory Committee on Women Veterans, and (B) the status of the study. (2) Not later than December 31, 1999, a final report describing the results of the study. (e) Authorization of Appropriations.--There is authorized to be appropriated to the General Operating Expenses account of the Department of Veterans Affairs $2,000,000 to carry out the purposes of this section. Amounts appropriated pursuant to this authorization of appropriations shall be available for obligation without fiscal year limitation. (f) Limitation.--No funds may be used to conduct the study described in subsection (a) unless expressly provided for in an appropriation Act. SEC. 7. OUTREACH SERVICES FOR HOMELESS WOMEN VETERANS. Section 7722(e) of title 38, United States Code, is amended by adding at the end the following new sentence: ``In carrying out this subsection, the Secretary shall take such steps as may be necessary to ensure that homeless women veterans are included in such outreach programs and outreach services.''. SEC. 8. SAFE AND EFFECTIVE TREATMENT FOR WOMEN PSYCHIATRIC PATIENTS. The Secretary of Veterans Affairs shall ensure that women veterans who receive psychiatric treatment from the Secretary, particularly in the case of women who are sexually traumatized, receive such treatment (on both an inpatient and outpatient basis) in a safe and effective manner that recognizes the privacy needs of such women. SEC. 9. MAMMOGRAPHY QUALITY STANDARDS. (a) Applicability to Department of Veterans Affairs of Mammography Quality Standards Act of 1992.--Subsections (a) through (k) of section 354 of the Public Health Service Act (42 U.S.C. 263b) shall apply with respect to facilities of the Department of Veterans Affairs without regard to the last sentence of subparagraph (A) of subsection (a)(3) of such section. (b) Extension of Deadlines.--Any deadline for the completion of any action prescribed under any provision referred to in subsection (a) shall be applied with respect to facilities of the Department of Veterans Affairs by extending such deadline so as to be two years after the date of the enactment of this Act or two years after the date which would otherwise be applicable under such provision, whichever is later. (c) Interagency Cooperation.--The Secretary of Veterans Affairs shall take appropriate steps to cooperate with the Secretary of Health and Human Services in the implementation of this section. SEC. 10. CENTER FOR WOMEN VETERANS. Section 318(e) of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(e)''; (2) by adding after the period the following: ``Such resources shall include (subject to the availability of appropriations) adequate clerical support (as determined by the Director) to enable the Director to carry out the functions of the Director under this section.''; and (3) by adding at the end the following: ``(2) There is in the Center an Associate Director, who shall be appointed from among individuals with appropriate education, experience, and training to assist the Director with the investigative, research, and reporting requirements under this section.''.

Women Veterans' Health Act of 1996 - Specifies the services to be included as women's health services in the Department of Veterans Affairs. Allows those services provided on an ambulatory or outpatient basis to be procured by contract when Department facilities are not capable of furnishing economical hospital care or medical services because of geographical inaccessibility or otherwise. (Sec. 3) Makes permanent (currently terminates on December 31, 1998) a Department program providing sexual trauma counseling and treatment to women veterans. (Sec. 4) Directs the Secretary of Veterans Affairs to report to the veterans' committees on the provision of health care services and the conduct of research carried out by the Department relating to women veterans. Requires such report to be prepared through the Center for Women Veterans. (Sec. 5) Authorizes the Secretary to waive a requirement that women and other minority veterans be included as subjects in Department clinical health research. Directs the Secretary to foster and encourage research on specified gender-specific matters relating to women (breast cancer, gynecological and reproductive health, and sexual trauma), as well as non-gender-specific matters (HIV and AIDS, substance abuse, aging, and cardiac care). Requires certain Department personnel to be involved in such research. (Sec. 6) Directs the Secretary to study and report to the veterans' committees concerning the needs of women veterans for health care services. Requires a representative sampling of all categories of women veterans in such study. Authorizes appropriations. (Sec. 7) Directs the Secretary to ensure that: (1) homeless women veterans are included in homeless veterans' outreach programs and services; and (2) women veterans who receive Department psychiatric treatment, especially for sexual trauma, receive such treatment in a safe and effective manner that recognizes their privacy needs. (Sec. 9) Makes applicable to Department mammography services and facilities the mammography quality standards promulgated under the Public Health Service Act. Extends the deadline for meeting such requirements. (Sec. 10) Requires, with respect to the Center for Women Veterans: (1) adequate clerical support to carry out the functions of the Director of the Center; and (2) an Associate Director.

Women Veterans' Health Act of 1996

SECTION 1. ADDITIONAL JUDGESHIP FOR NORTHERN DISTRICT OF ALABAMA. The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the Northern District of Alabama. SEC. 2. CONVERSION OF TEMPORARY JUDGESHIPS TO PERMANENT JUDGESHIPS. The existing district judgeships for the eastern district of California, the southern district of Illinois, the northern district of New York, and the eastern district of Virginia authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650, 28 U.S.C. 133 note) shall, as of the date of the enactment of this Act, be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act. SEC. 3. COMMENCEMENT DATE OF TEMPORARY JUDGESHIPS. Section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650, 28 U.S.C. 133 note) is amended by striking the last three sentences and inserting the following: ``In the western district of Michigan, the first vacancy in the office of district judge occurring after December 1, 1995, shall not be filled. In the eastern district of Pennsylvania, the first vacancy in the office of district judge occurring five years or more after the confirmation date of the judge named to fill the temporary judgeship created by this subsection shall not be filled. In the district of Hawaii, the central district of Illinois, the district of Kansas, the eastern district of Missouri, the northern district of Ohio, and the district of Nebraska, the first vacancy in the office of district judge occurring 10 years or more after the confirmation date of a judge named to fill a temporary judgeship created by this subsection shall not be filled. For districts named in this subsection for which multiple judgeships are created by this Act, the last of those judgeships filled shall be the judgeship created under this subsection.''. SEC. 4. CONFORMING AMENDMENT. The table contained in section 133 of title 28, United States Code, is amended to read as follows: ``Districts Judges Alabama: Northern............................................... 8 Middle................................................. 3 Southern............................................... 3 Alaska......................................................... 3 Arizona........................................................ 8 Arkansas: Eastern................................................ 5 Western................................................ 3 California: Northern............................................... 14 Eastern................................................ 7 Central................................................ 27 Southern............................................... 8 Colorado....................................................... 7 Connecticut.................................................... 8 Delaware....................................................... 4 District of Columbia........................................... 15 Florida: Northern............................................... 4 Middle................................................. 11 Southern............................................... 16 Georgia: Northern............................................... 11 Middle................................................. 4 Southern............................................... 3 Hawaii......................................................... 3 Idaho.......................................................... 2 Illinois: Northern............................................... 22 Central................................................ 3 Southern............................................... 4 Indiana: Northern............................................... 5 Southern............................................... 5 Iowa: Northern............................................... 2 Southern............................................... 3 Kansas......................................................... 5 Kentucky: Eastern................................................ 4 Western................................................ 4 Eastern and Western.................................... 1 Louisiana: Eastern................................................ 13 Middle................................................. 2 Western................................................ 7 Maine.......................................................... 3 Maryland....................................................... 10 Massachusetts.................................................. 13 Michigan: Eastern................................................ 15 Western................................................ 4 Minnesota...................................................... 7 Mississippi: Northern............................................... 3 Southern............................................... 6 Missouri: Eastern................................................ 6 Western................................................ 5 Eastern and Western.................................... 2 Montana........................................................ 3 Nebraska....................................................... 3 Nevada......................................................... 4 New Hampshire.................................................. 3 New Jersey..................................................... 17 New Mexico..................................................... 5 New York: Northern............................................... 5 Southern............................................... 28 Eastern................................................ 15 Western................................................ 4 North Carolina: Eastern................................................ 4 Middle................................................. 4 Western................................................ 3 North Dakota................................................... 2 Ohio: Northern............................................... 11 Southern............................................... 8 Oklahoma: Northern............................................... 3 Eastern................................................ 1 Western................................................ 6 Northern, Eastern, and Western......................... 1 Oregon......................................................... 6 Pennsylvania: Eastern................................................ 22 Middle................................................. 6 Western................................................ 10 Puerto Rico.................................................... 7 Rhode Island................................................... 3 South Carolina................................................. 9 South Dakota................................................... 3 Tennessee: Eastern................................................ 5 Middle................................................. 4 Western................................................ 5 Texas: Northern............................................... 12 Southern............................................... 18 Eastern................................................ 7 Western................................................ 10 Utah........................................................... 5 Vermont........................................................ 2 Virginia: Eastern................................................ 10 Western................................................ 4 Washington: Eastern................................................ 4 Western................................................ 7 West Virginia: Northern............................................... 3 Southern............................................... 5 Wisconsin: Eastern................................................ 4 Western................................................ 2 Wyoming........................................................ 3''.

Directs the President to appoint an additional judgeship for the Northern District of Alabama. Provides for the conversion of specified temporary district judgeships into permanent judgeships. Amends the Judicial Improvements Act of 1990 to establish the commencement dates for specified temporary judgeships.

To provide for the conversion of existing temporary United States district judgeships to permanent status, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Center for Rare Disease Research Act of 1993''. SEC. 2. ESTABLISHMENT OF CENTER FOR RARE DISEASE RESEARCH. Part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by adding at the end thereof the following new subpart: ``Subpart 4--Center for Rare Disease Research ``SEC. 485C. ESTABLISHMENT. ``(a) In General.--There shall be established in the Office of the Director of the National Institutes of Health a Center for Rare Disease Research (hereafter referred to in this section as the `Center'). The Director of the National Institutes of Health shall appoint an individual with expertise in rare diseases to serve as the Director of the Center (hereafter referred to in this section as the `Director'). ``(b) Purpose.--The general purpose of the Center is to promote and coordinate the conduct of research on rare diseases and to establish and manage a rare disease research clinical database. In carrying out the purpose of the Center, the Director shall-- ``(1) conduct and support research and research training; ``(2) award grants and contracts; ``(3) identify projects of research on rare diseases that should be conducted or supported by the National Institutes of Health; ``(4) disseminate information among the institutes and the public on rare diseases; ``(5) develop and maintain a central database on current clinical research projects for rare diseases; ``(6) encourage the participation of a diversity of individuals in the conduct of rare disease research; and ``(7) coordinate the conduct of rare disease research among all institutes and other Federal agencies. ``(c) Strategic Research Plan.--The Director shall develop a comprehensive plan for the conduct and support of research on rare diseases. The plan shall-- ``(1) identify current research activities conducted or supported by the Federal Government and private entities, opportunities and needs for additional research and priorities for such research; ``(2) make recommendations for the improved coordination of research conducted by the Federal Government among its agencies and private entities; ``(3) give emphasis to areas with respect to which little research has been conducted; ``(4) examine the extent of research on gene therapy and genetic transfers and develop a plan to enhance the extent of research on gene therapy, particularly for rare diseases; ``(5) determine the need for registries of research subjects and epidemiological studies of rare disease populations; ``(6) identify the obstacles to the development of treatments for rare diseases; and ``(7) examine training and education requirements for physicians treating rare diseases. ``(d) Coordinating Committee.-- ``(1) Establishment.--The Secretary shall establish a Coordinating Committee on Rare Disease Research (hereafter referred to as the `Coordinating Committee') to be composed of-- ``(A) the Directors of the agencies and institutes of the National Institutes of Health; ``(B) the Director of the Center who shall serve as the chairperson of the Coordinating Committee; ``(C) the Administrator of the Veterans Administration; ``(D) the Secretary of Defense; ``(E) the Administrator of the Food and Drug Administration; ``(F) the Administrator of the Health Care Financing Administration; and ``(G) the Director of the Center for Disease Control and Prevention. ``(2) Duties.--The Coordinating Committee shall-- ``(A) identify needs for research on rare diseases; ``(B) estimate the funds needed during each fiscal year to adequately fund research on rare diseases; ``(C) encourage the agencies and Institutes of the National Institutes of Health to support and conduct research on rare diseases; ``(D) coordinate research on rare diseases in the Federal Government in an effort to avoid duplication and enhance research in areas traditionally not funded; ``(E) ensure that a diversity of individuals are able to participate as research subjects in projects conducting research on rare diseases; and ``(F) biennially prepare and submit to the Secretary and the Congress a report concerning the activities of the Coordinating Committee. ``(e) National Advisory Board on Rare Disease Research.-- ``(1) Establishment.--The Director shall establish an advisory board to be known as the Advisory Board on Rare Disease Research (hereafter referred to in this section as the `Board'). ``(2) Duties.--The Board shall review and assess Federal research needs, priorities, activities, funding and findings regarding rare diseases and shall advise the Director on the development and implementation of the research plan required under subsection (c). ``(3) Composition.--The Board shall be composed of 15 individuals to be appointed by the Director of the National Institutes of Health, of which eight individuals shall be representatives of health and scientific disciplines with respect to rare diseases and seven individuals shall be representing the interest of individuals with rare diseases. Such individuals shall not be officers or employees of the Federal Government. ``(4) Ex officio members.--The members of the Coordinating Committee shall serve as ex officio members of the Board. ``(5) Chairperson.--The members of the Board shall annually select an individual to serve as the chairperson of the Board. ``(f) National Rare Disease Clinical and Informational Database.-- ``(1) Establishment.--The Director shall establish a database that-- ``(A) identifies the extent, location, and sponsor of current research conducted on rare diseases; ``(B) connects researchers of rare diseases with patients needed as subjects for clinical trials; ``(C) provides physicians and individuals with information concerning the location and sponsors of clinical trials on rare diseases; and ``(D) connects patients with support groups in rare diseases. ``(2) Availability.--The Director shall ensure that information in the database is available to the general public. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $10,000,000 for each of the fiscal years 1994 through 1996. ``(h) Definition.--As used in this section, the term `rare disease' means any disease or condition that affects fewer than 200,000 individuals in the United States.''.

Center for Rare Disease Research Act of 1993 - Amends the Public Health Service Act to establish in the Office of the Director of the National Institutes of Health a Center for Rare Disease Research in order to promote and coordinate the conduct of research on rare diseases and to establish and maintain a rare disease clinical data base. Authorizes appropriations.

Center for Rare Disease Research Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure the Border Now Act of 2006''. SEC. 2. STRENGTHENING BORDER PATROL RECRUITMENT AND RETENTION. In order to address the recruitment and retention challenges faced by United States Customs and Border Protection, the Secretary of Homeland Security shall establish a plan, consistent with existing Federal statutes applicable to pay, recruitment, relocation, and retention of Federal law enforcement officers. Such plan shall include the following components: (1) The establishment of a recruitment incentive for Border patrol agents. (2) The establishment of a retention plan, including the payment of bonuses to Border Patrol agents for every year of service after the first two years of service. (3) An increase in the pay percentage differentials to Border Patrol agents in certain high-cost areas in the San Diego, El Centro, Yuma, and Tucson sectors consistent with entry-level pay to other Federal, State, and local law enforcement agencies. (4) The establishment of a mechanism whereby Border Patrol agents can transfer from one location to another after the first two years of service in their initial duty location. SEC. 3. COST-EFFECTIVE ENHANCEMENTS TO BORDER SECURITY. (a) In General.--The Secretary of Homeland Security shall take such steps as may be necessary to control the costs of hiring, training, and deploying new Border Patrol agents, including-- (1) permitting individuals who are in training to become Border Patrol agents to waive certain course requirements of such training if such individuals have earlier satisfied such requirements in a similar or comparable manner as determined by the Secretary; and (2) conducting a competitive sourcing study to compare the costs of training new Border Patrol agents at a non-profit or private training facility, including the use of private training facilities to conduct portions of such training. (b) Limitation on Per-Agent Cost of Training.-- (1) In general.--Except as provided in paragraph (2), the Secretary shall take such steps as may be necessary to ensure that the fiscal year 2007 per-agent cost of hiring, training, and deploying each new Border Patrol agent does not exceed $150,000. (2) Exception and certification.-- (A) In general.--If the Secretary determines that the per-agent cost referred to in paragraph (1) exceeds $150,000, the Secretary shall promptly submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a certification explaining why such per-agent cost exceeds such amount. (B) Temporary suspension of training.--Until the Secretary receives from the committees specified in subparagraph (A) an approval with respect to such increased per-agent cost, the Secretary shall suspend any new hiring, training, and deploying of Border Patrol agents. SEC. 4. CONTINUATION OF AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS TO SUPPORT TRAINING FOR BORDER SECURITY PURPOSES. Section 1202(a) of the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States (Public Law 107-206; 42 U.S.C. 3771 note) is amended in the first sentence-- (1) by striking ``enactment of this Act'' and inserting ``enactment of the Secure the Border Now Act of 2006''; and (2) by striking ``250'' and inserting ``350''. SEC. 5. BORDER PATROL TRAINING EXPANSION. (a) In General.--The Secretary of Homeland Security shall enter into agreements with law enforcement training academies operated by State and local governments, universities, nonprofit organizations, and private companies to replicate, in whole or in part, the initial training provided to new Border Patrol agents. (b) Utilization.--The Secretary shall utilize the authority described in subsection (a) for fiscal years 2007 through 2011 or until such time as the Secretary certifies to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that such authority is no longer necessary or cost-effective in order to train sufficient numbers of Border Patrol agents each year to secure the international land and maritime borders of the United States. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for each of fiscal years 2007 through 2011 such sums as may be necessary to fund such training. SEC. 6. AUTHORITY FOR CUSTOMS AND BORDER PROTECTION TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS FOR BORDER SECURITY PURPOSES. (a) In General.--Notwithstanding any other provision of law, the Commissioner of United States Customs and Border Protection (CBP) may, for a period ending not later than five years after the date of the enactment of this Act, appoint and employ up to 500 Federal annuitants to any position in CBP that supports the President's initiative to aggressively accelerate the ability of CBP to secure the international land and maritime borders of the United States-- (1) without regard to any provision of title 5, United States Code, which might otherwise require the application of competitive hiring procedures; and (2) who shall not be subject to any reduction in pay (for annuity allocable to the period of actual employment) under the provisions of section 8344 or 8468 of such title or similar provision of any other retirement system for employees. (b) Rule of Construction.--A reemployed Federal annuitant as to whom a waiver of reduction under subsection (a)(2) applies shall not, for any period during which such waiver is in effect, be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or such other retirement system (referred to in such subsection) as may apply. (c) No Displacement.--No appointment under this section may be made if such appointment would result in the displacement of any employee. (d) Counting.--The counting of Federal annuitants shall be done on a full-time equivalent basis. (e) Definitions.--For purposes of this section: (1) Federal annuitant.--The term ``Federal annuitant'' means an employee who has retired under the Civil Service Retirement System, the Federal Employees' Retirement System, or any other retirement system for Federal employees. (2) Employee.--The term ``employee'' has the meaning given such term in section 2105 of title 5, United States Code. SEC. 7. USE OF TEMPORARY SUPPORT PERSONNEL. (a) In General.--The Secretary of Homeland Security shall enter into contracts with private entities for the purpose of providing necessary administrative and other support to Border Patrol agents and Customs and Border Protection Officers deployed at United States ports of entry or along the international land and maritime borders of the United States. (b) Requirements.--The Secretary shall-- (1) not later than 90 days after the date of the enactment of this Act, publish a request for proposal to hire administrative support staff to monitor cameras, analyze intelligence, process paperwork, construct roads and vehicle barriers, and perform such other duties as determined by the Secretary; and (2) terminate the use of the private entities referred to in subsection (a) when the Secretary submits to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that a sufficient number of permanent Federal support staff have been hired and trained so that Border Patrol agents and Customs and Border Protection Officers do not perform duties for which they were not specifically trained. SEC. 8. USE OF TEMPORARY SECURITY PERSONNEL FOR BORDER SECURITY FUNCTIONS. (a) In General.--The Secretary of Homeland Security shall enter into contracts with private entities for the purpose of providing enhanced capacity to United States Customs and Border Protection to secure the international land and maritime borders of the United States. (b) Requirements.--The Secretary shall-- (1) not later than 90 days after the date of the enactment of this Act, direct the Federal Protective Service of United States Immigration and Customs Enforcement to hire level II security personnel drawn from the General Services Administration General Schedule, or publish a request for proposal to hire similar, highly trained, private security personnel, in accordance with the Secretary's authority described in subsection (a); (2) ensure that such security personnel shall number not fewer than 5,000 and not more than 8,000 individuals; (3) in accordance with subsection (d), ensure that the Chief Security Officer of United States Customs and Border Protection specifies the requirements that such security personnel must meet or exceed; and (4) terminate the use of such security personnel at the time that the number of full-time active-duty Border Patrol agents reaches authorized levels of personnel as provided in such section. (c) Reduction.--The number of personnel hired under this section shall be reduced at a rate commensurate with the number of new Border Patrol agents hired in accordance with section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458). (d) Requirements Relating to Security Personnel.--The requirements referred to in subsection (b)(3) for security personnel shall include a background investigation consisting of criminal and financial history checks, a review of the individual's citizenship status, a drug test, and health and psychological screening. Security personnel described in this section shall also possess prior law enforcement, military, or other similar experience. (e) Rule of Construction.--Nothing in this section shall be construed as providing the Secretary with the authority to hire private citizens for the purpose stated in this section. SEC. 9. PERMITTED USE OF HOMELAND SECURITY GRANT FUNDS FOR BORDER SECURITY ACTIVITIES. (a) Reimbursement.--The Secretary of Homeland Security may allow the recipient of amounts under a covered grant to use those amounts to reimburse itself for costs it incurs in carrying out any terrorism prevention or deterrence activity that-- (1) relates to the enforcement of Federal laws aimed at preventing the unlawful entry of persons or things into the United States, including activities such as detecting or responding to such an unlawful entry or providing support to another entity relating to preventing such an unlawful entry; (2) is usually a Federal duty carried out by a Federal agency; and (3) is carried out under agreement with a Federal agency. (b) Use of Prior Year Funds.--Subsection (a) shall apply to all covered grant funds received by a State, local government, or Indian tribe at any time on or after October 1, 2001. (c) Covered Grants.--For purposes of subsection (a), the term ``covered grant'' means grants provided by the Department of Homeland Security to States, local governments, or Indian tribes administered under the following programs: (1) State homeland security grant program.--The State Homeland Security Grant Program of the Department, or any successor to such grant program. (2) Urban area security initiative.--The Urban Area Security Initiative of the Department, or any successor to such grant program. (3) Law enforcement terrorism prevention program.--The Law Enforcement Terrorism Prevention Program of the Department, or any successor to such grant program.

Secure the Border Now Act of 2006 - Directs the the Secretary of Homeland Security to: (1) establish a plan applicable to pay, recruitment, relocation, and retention of federal law enforcement officers, which shall include Border Patrol recruitment, retention, salary, and transfer incentives; (2) take steps to control the costs of hiring, training, and deploying new Border Patrol agents, including FY2007 per-agent training cost limits; (3) enter into agreements with state and local law enforcement training academies, universities, nonprofit organizations, and private companies to replicate the initial training provided to new Border Patrol agents; and (4) enter into contracts with private entities to provide temporary administrative and other support to Border Patrol agents and Customs and Border Protection Officers deployed at U.S. ports of entry or along the international land and maritime borders of the United States. Amends the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States to: (1) extend Federal Law Enforcement Training Center authority to appoint and maintain a cadre of federal annuitants; and (2) increase the maximum number of such annuitants from 250 to 350. Authorizes the Commissioner of United States Customs and Border Protection (CBP) to appoint and employ (for up to five years) up to 500 federal annuitants for CBP border-related positions. Authorizes the Secretary to use specified security and terrorism prevention grant funds for border security activities.

To enhance border security through the use of temporary support personnel, expansion of Border Patrol agent training, increased hiring authority, support for local law enforcement agencies, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Health Insurance Promotion Act of 2004''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Temporary tax credit for small employers offering health coverage through a qualified health pooling arrangement. Sec. 3. Qualified State health pooling arrangements. Sec. 4. Establishment of national health pooling arrangement. Sec. 5. Funding of pooling arrangements. Sec. 6. Institute of Medicine study and report. SEC. 2. TEMPORARY TAX CREDIT FOR SMALL EMPLOYERS OFFERING HEALTH COVERAGE THROUGH A QUALIFIED HEALTH POOLING ARRANGEMENT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45G. SMALL BUSINESS HEALTH POOL ARRANGEMENTS. ``(a) General Rule.--For purposes of section 38, in the case of an eligible small employer, the health pool arrangement credit determined under this section for the taxable year is an amount equal to 50 percent of amounts paid or incurred by the employer during the taxable year as premiums for self-only or family coverage for health benefits under a qualified health pooling arrangement for employees of such employer. ``(b) Limitations.-- ``(1) Employer must bear 50 percent of cost.--Expenses may be taken into account under subsection (a) only if at least 50 percent of the premiums under the qualified health pooling arrangement are paid by the employer. ``(2) Period of coverage.--Expenses may be taken into account under subsection (a) only with respect to coverage for the 4-year period beginning on the date the employer first begins participating in a qualified health pooling arrangement. ``(3) Employers offering other health benefits.--In the case of an employer who paid or incurred any expenses for health benefits for the employees of such employer during the first taxable year ending on or after the date of the enactment of this section, subsection (a) shall apply to such employer only if such employer begins participating in a qualified health pooling arrangement during the 2-year period beginning on the later of-- ``(A) the date of the enactment of this section, or ``(B) the first date that a qualified health pooling arrangement exists which allows such employer to participate. ``(4) No employees excluded.--Subsection (a) shall not apply to an employer for any period unless at all times during such period coverage for health benefits under a qualified health pooling arrangement is available to all employees of such employer under similar terms. ``(5) Amounts paid under salary reduction arrangements.--No amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a). ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Eligible small employer.-- ``(A) In general.--The term `eligible small employer' means an employer who employed, with respect to the calendar year in which such employer first begins participating in a qualified health pooling arrangement, an average of not more than 50 employees on business days during the preceding calendar year. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is an eligible small employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(C) Permanent status as eligible small employer.--In the case of an employer who meets the requirements of this subsection with respect to the calendar year in which such employer first begins participating in a qualified health pooling arrangement, such employer shall not fail to be treated as an eligible small employer for any subsequent calendar year. ``(D) Predecessors.--The Secretary may prescribe regulations which provide for references in this paragraph to an employer to be treated as including references to predecessors of such employer. ``(2) Self-employed individuals.-- ``(A) Treatment as employee.--The term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(B) Treatment as employer.--An individual who owns the entire interest in an unincorporated trade or business shall be treated as his own employer. A partnership shall be treated as the employer of each partner who is an employee within the meaning of subparagraph (A). ``(3) Family coverage.--The term `family coverage' means coverage for health benefits of the employee and qualified family members of the employee (as defined in section 35(d), but without regard to the last sentence of paragraph (1) thereof). ``(4) Qualified health pooling arrangement.--The term `qualified health pooling arrangement' means a qualified State health pooling arrangement described in section 3 of Small Business Health Insurance Promotion Act of 2004 or the national health pooling arrangement described in section 4 of such Act. ``(5) Certain rules made applicable.--Rules similar to the rules of section 52 shall apply for purposes of this section.''. (b) Credit to Be Part of General Business Credit.--Section 38(b) of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, plus'', and by adding at the end the following: ``(15) in the case of an eligible small employer (as defined in section 45G(c)), the health pool arrangement credit determined under section 45G(a).''. (c) No Carrybacks.--Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the health pool arrangement credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004.''. (d) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(d) Credit for Small Business Health Pool Arrangements.-- ``(1) In general.--No deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45G for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45G(a). ``(2) Controlled groups.--Persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as 1 person for purposes of this section.''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: ``Sec. 45G. Small business health pool arrangements.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2003, for arrangements established after the date of the enactment of this Act. SEC. 3. QUALIFIED STATE HEALTH POOLING ARRANGEMENTS. (a) Defined.--For purposes of this Act, the term ``qualified State health pooling arrangement'' means an arrangement established by a State which meets the following requirements: (1) Health benefits coverage.--The arrangement provides health benefits coverage that the Secretaries of Health and Human Services and Labor jointly determine is substantially similar to the health benefits coverage in any of the four largest health benefits plans (determined by enrollment) offered under chapter 89 of title 5, United States Code. (2) Group health plan requirements.--The health benefits coverage provided under the arrangement meets the requirements applicable to a group health plan under chapter 100 of the Internal Revenue Code of 1986, part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, and State law. (3) Guaranteed issue and renewable.--The arrangement does not deny coverage (including renewal of coverage) with respect to employees of any eligible small employer or qualifying family members of such employees on the basis of health status of such employees or family members or any other condition or requirement that the Secretaries of Health and Human Services and Labor jointly determine constitutes health underwriting. (4) No preexisting condition exclusion.--The arrangement does not permit a preexisting condition exclusion as defined under section 9801(b)(1) of the Internal Revenue Code of 1986 and under section 701(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 11(b)(1)). (5) No underwriting; community-rated premiums.--(A) Subject to subparagraph (B), the arrangement does not permit underwriting, through a preexisting condition limitation, differential benefits, or different premium levels, or otherwise, with respect to such coverage for employees or their qualifying family members. (B) The premiums charged for such coverage are community- rated for individuals without regard to health status. (6) No riders.--The arrangement does not permit riders to the health benefits coverage. (7) Accessibility to eligible small employers.--The arrangement makes such coverage available to an eligible small employer without regard to whether a credit is available under section 45G of the Internal Revenue Code of 1986 with respect to such employer. (8) Minimum of two plans offered under the arrangement.-- The arrangement makes available at least two plans for health benefits coverage. (b) Eligible Small Employer; Self-Employed Individual.--For purposes of this Act, the terms ``eligible small employer'' and ``employee'' have the same meanings as when such terms are used in section 45G of the Internal Revenue Code of 1986 and rules similar to the rules of subsection (c) of such section shall apply for purposes of this Act. (c) Qualifying Family Member.--For purposes of this Act, the term ``qualifying family member'' has the meaning given such term in section 35(d) of the Internal Revenue Code of 1986, applied without regard to the last sentence of paragraph (1) thereof. (d) State Defined.--For purposes of this Act, the term ``State'' includes the District of Columbia, Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Northern Mariana Islands. (e) Construction.--Nothing in this section shall be construed as requiring a State to establish or maintain a qualified State health pooling arrangement. (f) Creditable Coverage for Purposes of HIPAA.--Health benefits coverage provided under a qualified State health pooling arrangement under this section (and coverage provided under a National Pooling Arrangement under section 4 of this title) shall be treated as creditable coverage for purposes of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.), title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.), and subtitle K of the Internal Revenue Code of 1986. (g) Oversight and Accountability.-- (1) Oversight.--The Secretaries of Health and Human Services and Labor shall jointly oversee the offering of health benefits coverage under qualified State health pooling arrangements to eligible small employers. (2) Annual reports.-- (A) In general.--Each State that offers a qualified State health pooling arrangement under this section in a year shall submit, in a form and manner specified jointly by the Secretaries of Health and Human Services and Labor, a report on the operation of the arrangement in that year. (B) Contents of report.--Reports required under subparagraph (A) shall include the following: (i) A description of the health benefits coverage offered under the arrangement. (ii) The number of employers that participated in the arrangement. (iii) The number of employees and qualifying family members of employees who received health benefits coverage under the arrangement. (iv) The premiums charged for the health benefits coverage under the arrangement. (3) Certification.--Each State that offers a qualified State health pooling arrangement under this section in a year shall submit, in a form and manner specified jointly by the Secretaries of Health and Human Services and Labor, a certification that the arrangement meets the requirements of this Act. (h) Coordination of Complaints With State Insurance Commissioners.--The Secretaries of Health and Human Services and Labor shall coordinate with the insurance commissioners for the various States in establishing a process for handling and resolving any complaints relating to health benefits coverage offered under this Act, to the extent necessary to augment processes otherwise available under State law. (i) No Preemption of State Law.--Nothing in this section shall be construed as preempting provisions of State law that provide protections in excess of the protections required under this section. SEC. 4. ESTABLISHMENT OF NATIONAL HEALTH POOLING ARRANGEMENT. (a) In General.--The Secretaries of Health and Human Services and Labor, jointly in consultation with the Director of the Office of Personnel Management, shall provide for the offering and oversight of a national health pooling arrangement to eligible small employers. (b) National Health Pooling Arrangement Defined.-- For purposes of this section, the term ``national health pooling arrangement'' means an arrangement under which health plans are offered under terms and conditions that meet the requirements of section 3(a). (c) Use of FEHBP Model.--The Secretaries of Health and Human Services and Labor shall jointly provide for the national health pooling arrangement using the model of the Federal employees health benefits program under chapter 89 of title 5, United States Code, to the extent practicable and consistent with the provisions of this Act. In carrying out such model, the Secretaries shall, to the maximum extent practicable, negotiate the most affordable and substantial coverage possible for small employers. SEC. 5. FUNDING OF POOLING ARRANGEMENTS. (a) Funding of States to Establish and Operate Qualified State Health Pooling Arrangements.--There are authorized to be appropriated to the Secretaries of Health and Human Services and Labor such sums as may be necessary to provide grants to States to establish and operate qualified State health pooling arrangements described in section 3. (b) Funding of National Health Pooling Arrangement.--There are authorized to be appropriated to the Secretaries of Health and Human Services and Labor such sums as may be necessary to provide for the offering and operation of the national health pooling arrangement under section 4. SEC. 6. INSTITUTE OF MEDICINE STUDY AND REPORT. (a) Study.--The Secretaries of Health and Human Services and Labor shall jointly enter into an arrangement under which the Institute of Medicine of the National Academy of Sciences shall conduct a study on the operation of qualified State health pooling arrangements under section 3 and the national health pooling arrangement under section 4. (b) Matters Studied.--The study conducted under subsection (a) shall include the following: (1) An assessment of the success of the arrangements. (2) A determination of the affordability of health benefits coverage under the arrangements for employers and employees. (3) A determination of the access of small employers to health benefits coverage. (4) A determination of the extent to which the tax credit under section 45G of the Internal Revenue Code of 1986 provides a subsidy for eligible small employers that provided (or would have provided) health benefits coverage in the absence of such credit. (5) Recommendations with respect to-- (A) extension of the period for which the tax credit under section 45G of the Internal Revenue Code of 1986 is available to employers or an appropriate phase-out of such credit over time; (B) expansion of categories of persons eligible for such tax credit; (C) expansion of persons eligible for health benefits coverage under the arrangements; and (D) such other matters as the Institute determines appropriate. (c) Report.--Not later than January 1, 2009, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a).

Small Business Health Insurance Promotion Act of 2004 - Amends the Internal Revenue Code to allow certain small employers (not more than 50 employees) a business tax credit equal to 50 percent of amounts paid by such employers for the health care coverage of their employees under a qualified health pooling arrangement. Limits the period during which the tax credit may be taken to four years from the date the employer begins participating in a qualified health pooling arrangement. Defines "qualified health pooling arrangement" as a national or state arrangement that provides health benefits coverage substantially similar to that of the four largest health benefit plans offered to Federal employees. Directs the Secretaries of Health and Human Services and Labor to provide for the offering and oversight of qualified State and national health pooling arrangements and to conduct a study, through the Institute of Medicine of the National Academy of Sciences, of the operation of such arrangements.

To amend the Internal Revenue Code of 1986 to provide tax subsidies to encourage small employers to offer affordable health coverage to their employees through qualified health pooling arrangements, to encourage the establishment and operation of these arrangements, and for other purposes.

SECTION. 1. LOUISIANA COASTAL AREA ECOSYSTEM RESTORATION, LOUISIANA. (a) In General.--The Secretary may carry out a program for ecosystem restoration, Louisiana Coastal Area, Louisiana, substantially in accordance with the report of the Chief of Engineers, dated January 31, 2005. (b) Priorities.-- (1) In general.--In carrying out the program under subsection (a), the Secretary shall give priority to-- (A) any portion of the program identified in the report described in subsection (a) as a critical restoration feature; (B) any Mississippi River diversion project that-- (i) protects a major population area of the Pontchartain, Pearl, Breton Sound, Barataria, or Terrebonne Basin; and (ii) produces an environmental benefit to the coastal area of the State of Louisiana or the State of Mississippi; and (C) any barrier island, or barrier shoreline, project that-- (i) is carried out in conjunction with a Mississippi River diversion project; and (ii) protects a major population area. (c) Non-Federal Share.-- (1) Credit for integral work.--The Secretary shall provide credit (including in-kind credit) toward the non-Federal share for the cost of any work carried out by the non-Federal interest on a project that is part of the program under subsection (a) if the Secretary determines that the work is integral to the project. (2) Carryover of credits.--A credit provided under paragraph (1) may be carried over between authorized projects in the Louisiana Coastal Area ecosystem restoration program. (3) Nongovernmental organizations.--A nongovernmental organization shall be eligible to contribute all or a portion of the non-Federal share of the cost of a project under this section. (d) Comprehensive Plan.-- (1) In general.--The Secretary, in coordination with the Governor of the State of Louisiana, shall-- (A) develop a plan for protecting, preserving, and restoring the coastal Louisiana ecosystem; and (B) not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, submit to Congress the plan, or an update of the plan. (2) Inclusions.--The comprehensive plan shall include a description of-- (A) the framework of a long-term program that provides for the comprehensive protection, conservation, and restoration of the wetlands, estuaries (including the Barataria-Terrebonne estuary), barrier islands, shorelines, and related land and features of the coastal Louisiana ecosystem, including protection of a critical resource, habitat, or infrastructure from the effects of a coastal storm, a hurricane, erosion, or subsidence; (B) the means by which a new technology, or an improved technique, can be integrated into the program under subsection (a); and (C) the role of other Federal agencies and programs in carrying out the program under subsection (a). (3) Consideration.--In developing the comprehensive plan, the Secretary shall consider the advisability of integrating into the program under subsection (a)-- (A) a related Federal or State project carried out on the date on which the plan is developed; (B) an activity in the Louisiana Coastal Area; or (C) any other project or activity identified in-- (i) the Mississippi River and Tributaries program; (ii) the Louisiana Coastal Wetlands Conservation Plan; (iii) the Louisiana Coastal Zone Management Plan; or (iv) the plan of the State of Louisiana entitled ``Coast 2050: Toward a Sustainable Coastal Louisiana''. (e) Task Force.-- (1) Establishment.--There is established a task force to be known as the ``Coastal Louisiana Ecosystem Protection and Restoration Task Force'' (referred to in this subsection as the ``Task Force''). (2) Membership.--The Task Force shall consist of the following members (or, in the case of the head of a Federal agency, a designee at the level of Assistant Secretary or an equivalent level): (A) The Secretary. (B) The Secretary of the Interior. (C) The Secretary of Commerce. (D) The Administrator of the Environmental Protection Agency. (E) The Secretary of Agriculture. (F) The Secretary of Transportation. (G) The Secretary of Energy. (H) The Secretary of Homeland Security. (I) 3 representatives of the State of Louisiana appointed by the Governor of that State. (3) Duties.--The Task Force shall make recommendations to the Secretary regarding-- (A) policies, strategies, plans, programs, projects, and activities for addressing conservation, protection, restoration, and maintenance of the coastal Louisiana ecosystem; (B) financial participation by each agency represented on the Task Force in conserving, protecting, restoring, and maintaining the coastal Louisiana ecosystem, including recommendations-- (i) that identify funds from current agency missions and budgets; and (ii) for coordinating individual agency budget requests; and (C) the comprehensive plan under subsection (d). (4) Working groups.--The Task Force may establish such working groups as the Task Force determines to be necessary to assist the Task Force in carrying out this subsection. (5) Application of the federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force or any working group of the Task Force. (f) Mississippi River Gulf Outlet.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a plan for modifying the Mississippi River Gulf Outlet that addresses-- (A) wetland losses attributable to the Mississippi River Gulf Outlet; (B) channel bank erosion; (C) hurricane storm surges; (D) saltwater intrusion; (E) navigation interests; and (F) environmental restoration. (2) Report.--If the Secretary determines necessary, the Secretary, in conjunction with the Chief of Engineers, shall submit to Congress a report recommending modifications to the Mississippi River Gulf Outlet, including measures to prevent the intrusion of saltwater into the Outlet. (g) Science and Technology.-- (1) In general.--The Secretary shall establish a coastal Louisiana ecosystem science and technology program. (2) Purposes.--The purposes of the program established by paragraph (1) shall be-- (A) to identify any uncertainty relating to the physical, chemical, geological, biological, and cultural baseline conditions in coastal Louisiana; (B) to improve knowledge of the physical, chemical, geological, biological, and cultural baseline conditions in coastal Louisiana; and (C) to identify and develop technologies, models, and methods to carry out this subsection. (3) Working groups.--The Secretary may establish such working groups as the Secretary determines to be necessary to assist the Secretary in carrying out this subsection. (4) Contracts and cooperative agreements.--In carrying out this subsection, the Secretary may enter into a contract or cooperative agreement with an individual or entity (including a consortium of academic institutions in Louisiana and Mississippi) with scientific or engineering expertise in the restoration of aquatic and marine ecosystems for coastal restoration and enhancement through science and technology. (h) Analysis of Benefits.-- (1) In general.--Notwithstanding section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) or any other provision of law, in carrying out an activity to conserve, protect, restore, or maintain the coastal Louisiana ecosystem, the Secretary may determine that the environmental benefits provided by the program under this section outweigh the disadvantage of an activity under this section. (2) Determination of cost-effectiveness.--If the Secretary determines that an activity under this section is cost- effective, no further economic justification for the activity shall be required. (i) Apportionment.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the non-Federal interest, shall enter into a contract with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study. (2) Identification of causes and sources.--The study under paragraph (1) shall, to the maximum extent practicable, identify-- (A) each cause of degradation of the Louisiana Coastal Area ecosystem that is attributable to an action by the Secretary; (B) an apportionment of the sources of such degradation; (C) any potential reduction in the amount of Federal emergency response funds that would occur as a result of ecosystem restoration in the Louisiana Coastal Area; and (D) the reduction in costs associated with protection and maintenance of infrastructure that is threatened or damaged as a result of coastal erosion in Louisiana that would occur as a result of ecosystem restoration in the Louisiana Coastal Area. (j) Report.--Not later than July 1, 2006, the Secretary, in conjunction with the Chief of Engineers, shall submit to Congress a report describing the features included in table 3 of the report described in subsection (a). (k) Project Modifications.-- (1) Review.--The Secretary, in cooperation with any non- Federal interest, shall review each federally-authorized water resources project in the coastal Louisiana area in existence on the date of enactment of this Act to determine whether-- (A) each project is in accordance with the program under subsection (a); and (B) the project could contribute to ecosystem restoration under subsection (a) through modification of the operations or features of the project. (2) Public notice and comment.--Before modifying an operation or feature of a project under paragraph (1)(B), the Secretary shall provide an opportunity for public notice and comment. (3) Report.-- (A) In general.--Before modifying an operation or feature of a project under paragraph (1)(B), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the modification. (B) Inclusion.--A report under paragraph (2)(B) shall include such information relating to the timeline and cost of a modification as the Secretary determines to be relevant. (4) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out modifications under this subsection $10,000,000.

Authorizes the Secretary of the Army to carry out a program for ecosystem restoration, Louisiana Coastal Area, Louisiana, substantially in accordance with the report of the Chief of Engineers, dated January 31, 2005. Directs the Secretary to give priority to any: (1) portion of the program identified in that report as a critical restoration feature; (2) Mississippi River diversion project that protects a major population area of the Pontchartain, Pearl, Breton Sound, Barataria, or Terrebonne Basin and that produces an environmental benefit to the coastal area of Louisiana or Mississippi; and (3) barrier island or shoreline project that is carried out in conjunction with a Mississippi River diversion project and that protects a major population area. Directs the Secretary, in coordination with the Governor of Louisiana, to develop a plan for protecting, preserving, and restoring the coastal Louisiana ecosystem. Establishes the Coastal Louisiana Ecosystem Protection and Restoration Task Force. Directs the Secretary to: (1) develop a plan for modifying the Mississippi River Gulf Outlet that addresses wetland losses attributable to the Outlet, channel bank erosion, hurricane storm surges, saltwater intrusion, navigation interests, and environmental restoration; (2) establish a coastal Louisiana ecosystem science and technology program; (3) contract with the National Academy of Sciences (NAS) to conduct a study to identify causes of degradation of the Area ecosystem attributable to an action by the Secretary; and (4) review each federally-authorized water resources project in the Area to determine whether each project could contribute to ecosystem restoration through modification of the project's operations or features.

A bill to authorize the Secretary of the Army to carry out a program for ecosystem restoration for the Louisiana Coastal Area, Louisiana.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Travel Disclosure Act of 1993''. SEC. 2. APPROPRIATIONS FOR FEDERAL GOVERNMENT TRAVEL. (a) In General.--Notwithstanding any other provision of law, no Federal funds may be obligated or expended for Federal Government travel, other than from amounts specifically appropriated by law for such purpose. Except as provided in subsection (b), no Federal department, agency, or entity may expend funds for the travel expenses of any individual who is employed by any other Federal department, agency, or entity. (b) Reimbursable Travel.--A Federal department, agency, or entity may expend funds for the travel expenses of an individual who is employed by another Federal department, agency, or entity if it is reimbursed by the individual or the travel account of the individual's employing department, agency, or entity. SEC. 3. TRAVEL SUPERVISORS. (a) Executive Branch and Independent Agencies.--Except as provided in subsections (b) and (c), the head of each department, agency, or entity of the Government shall designate a travel supervisor for that department, agency, or entity. (b) Legislative Branch.--Travel supervisors in the legislative branch shall be-- (1) Senators, Representatives, Delegates, and Resident Commissioners for their travel and travel by members of their personal staffs; (2) committee chairmen for travel by members of their committees and committee staff; (3) the Speaker of the House of Representatives and the minority leader of the House of Representatives, or their designees, for other employees of the House of Representatives or travel authorized by the full House of Representatives; (4) the majority and minority leaders of the United States Senate, or their designees, for other employees of the United States Senate or travel authorized by the full United States Senate; and (5) the head of each agency of the legislative branch, or their designee, in the case of employees of those agencies. (c) Judicial Branch.--Travel supervisors in the judicial branch shall be-- (1) the Chief Justice of the United States Supreme Court, or his designee, in the case of the Supreme Court and its employees; (2) the chief judge of each United States Circuit Court of Appeals, or their designee, in the case of each Circuit Court of Appeals and its employees; (3) the chief judge of each United States district or territorial court, or their designee, in the case of each District or Territorial Court and its employees; (4) the chief judges of the United States Claims Court, the United States Court of International Trade, the United States Court of Military Appeals, the United States Tax Court, the United States Court of Veterans Appeals, the District of Columbia Court of Appeals, and the District of Columbia Superior Court, or their designees, in the case of each of these courts and their employees; and (5) the Director of the Administrative Office of the United States Courts, or his designee, in the case of all other employees of the judicial branch. SEC. 4. RESTRICTIONS APPLICABLE TO FEDERAL GOVERNMENT TRAVEL. (a) In General.--Except as provided in subsections (b) and (c) all Federal Government travel shall be-- (1) approved in advance by the travel supervisor of the department, agency, or entity involved; (2) accomplished by the most economical means conveniently possible; and (3) accomplished by United States commercial carrier wherever possible, unless, as determined by the travel supervisor, an alternative means is more economical or necessary to achieve the goal of the mission. (b) Additional Restrictions on Legislative Branch Foreign Travel.-- All legislative branch foreign travel shall be-- (1) approved in advance by recorded vote of the committee in the case of travel by a committee member or committee staff, or approved in advance by the appropriate travel supervisor in all other cases; (2) accomplished by the most economical means conveniently possible; and (3) accomplished by United States commercial carrier wherever possible, unless, as determined by the travel supervisor, an alternative means is more economical or necessary to achieve the goal of the mission. (c) Exemption From Advance Approval Requirement.--Except as otherwise provided by law or regulation, advance approval shall not be required for travel which either-- (1) does not require an individual to spend the night away from their principal residence or place of employment; or (2) is undertaken under emergency circumstances as defined in written guidelines established by the appropriate travel supervisor. SEC. 5. GUIDELINES AND REPORTING REQUIREMENTS FOR FEDERAL GOVERNMENT TRAVEL. (a) In General.--Each travel supervisor shall, with respect to the department, agency, or entity involved-- (1) in order to prevent duplicative and unnecessary trips, establish written guidelines for Federal Government travel; and (2) not later than the end of each calendar quarter, file a report with respect to such travel during the preceding calendar quarter. (b) Report Contents.--Each report filed pursuant to subsection (a) shall, with respect to each trip-- (1) specify the purpose and agenda of the trip, including its duration and the places visited; (2) provide the name and position of each employee and any other person who accompanies the employee at Government expense; (3) in the case of air transportation by other than United States commercial carrier, describe any determination under section 4(a)(3) or 4(b)(3); (4) state the accomplishments of the trip; and (5) state the amount of each category of expenses incurred for the trip, including separate categories for travel, food, and lodging, or per diem for food and lodging. (c) Filing.--Each report under this section shall be filed with-- (1) the Administrator of General Services in the case of executive branch or independent agency travel; (2) the Clerk of the United States House of Representatives or the Secretary of the United States Senate in the case of legislative branch travel; and (3) the Director of the Administrative Office of the United States Courts in the case of judicial branch travel. SEC. 6. AVAILABILITY OF REPORTS. Not later than fifteen days after a report is filed under this Act, the Administrator of General Services, the Director of the Administrative Office of the United States Courts, the Clerk of the House of Representatives, or the Secretary of the Senate, as applicable, shall-- (1) make the report available for public inspection; and (2) provide copies of the report to any person, either upon payment of a fee sufficient to cover the expense of reproduction and mailing (other than any salary expense) or at a lesser fee if, determined by the Administrator, Director, Clerk, or Secretary, as applicable, such lesser fee is in the public interest. At the end of the six-year period after the date of filing, each report shall be destroyed unless such report is required in an ongoing investigation. SEC. 7. DEFINITIONS. As used in this Act-- (1) the term ``Federal Government travel'' means travel by any employee (including any elected or appointed officer) of the United States; (2) the term ``legislative branch travel'' means travel by a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress or by an employee (including an elected officer) of the Senate or the House of Representatives or any agency of the legislative branch; (3) the term ``agency of the legislative branch'' means the Office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and any other entity in the legislative branch; (4) the term ``foreign travel'' means travel outside the United States; and (5) the term ``United States'', where used in a geographical sense, means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. SEC. 8. EFFECTIVE DATE. This Act shall take effect one hundred and eighty days after the date of enactment of this Act.

Federal Travel Disclosure Act of 1993 - Prohibits: (1) the obligation or expenditure of Federal funds for Government travel other than from amounts specifically appropriated by law for such purpose; and (2) any Federal entity from expending funds for the travel expenses of any individual employed by another Federal entity without being reimbursed by the individual or the travel account of the individual's employer. Directs the head of each executive department to designate a travel supervisor. Specifies the travel supervisors for the legislative and judicial branches. Requires all Government travel to be: (1) approved in advance by the appropriate travel supervisor; (2) accomplished by the most economical means conveniently possible; and (3) accomplished by U.S. commercial carrier wherever possible. Requires all legislative branch foreign travel, with specified exceptions, to be approved in advance by recorded vote of the committee (in the case of travel by a committee member or committee staff) or by the appropriate travel supervisor. Requires each travel supervisor to establish written guidelines for Government travel and to submit quarterly reports with respect to such travel to the Administrator of General Services (for executive branch or independent agency travel), the Clerk of the House of Representatives or the Secretary of the Senate (for legislative branch travel), and the Director of the Administrative Office of the U.S. Courts (for judicial branch travel).

Federal Travel Disclosure Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inspiring New STEM Professionals by Investing in Renovation of Education Spaces Act'' or the ``INSPIRES Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Over the past 10 years, the growth in jobs requiring science, technology, engineering, and mathematics (referred to in this section as ``STEM'') skills was three times faster than the growth in non-STEM jobs. (2) STEM skills and knowledge are now required in a wide range of occupations, including many that are not traditionally considered to be science or engineering related. (3) Over 50 percent of jobs that require STEM skills do not require a baccalaureate degree, and demand for these middle- skill STEM workers is distributed nationwide. (4) When including sub-baccalaureate workers (those with 2- year degrees or occupational licenses or certifications), there may be as many as 26,000,000 jobs in the United States that require STEM competency in at least 1 field. (5) In recent years, the unemployment rate for STEM workers has been approximately half of the unemployment rate of non- STEM workers, and the average annual wage for STEM workers has been substantially higher than that of non-STEM workers. (6) In order for students to be high-performing, the education facilities used by the students must also be high- performing. (7) Many school facilities required for STEM and career and technical education are inefficient and outdated. SEC. 3. CAREER AND TECHNICAL EDUCATION FACILITIES. (a) Career and Technical Education Facilities.--Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the following: ``Subpart 22--Career and Technical Education Facilities ``SEC. 5621. DEFINITIONS. ``In this subpart: ``(1) Career and technical education.--The term `career and technical education' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(2) Community college.--The term `community college' means-- ``(A) a junior or community college, as that term is defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)); or ``(B) an institution of higher education (as defined in section 101 of such Act (20 U.S.C. 1001)) that awards a significant number of degrees and certificates, as determined by the Secretary, that are not-- ``(i) baccalaureate degrees (or an equivalent); or ``(ii) master's, professional, or other advanced degrees. ``(3) Eligible entity.--The term `eligible entity' means a local educational agency, community college, or other entity determined appropriate by the Secretary. ``(4) Qualified project.--The term `qualified project'-- ``(A) means the modernization, renovation, or repair of a facility that will be used to improve the quality and availability of science, technology, engineering, mathematics, or career and technical education instruction to public elementary school or secondary school, or community college, students, and that may include-- ``(i) improving the energy efficiency of the facility; ``(ii) improving the cost-effectiveness of the facility in delivering quality education; ``(iii) improving student, faculty, and staff health and safety at the facility; ``(iv) improving, installing, or upgrading educational technology infrastructure; ``(v) retrofitting an existing building for career and technical education purposes; and ``(vi) a one-time repair of serviceable equipment at the facility, or replacement of equipment at the facility that is at the end of its serviceable lifespan, that will be used to further educational outcomes; and ``(B) does not include new construction or the payment of routine maintenance costs. ``SEC. 5622. CAREER AND TECHNICAL EDUCATION FACILITIES IMPROVEMENT. ``(a) Program Authorized.--From amounts appropriated under section 5401(b), the Secretary shall carry out a program to improve career and technical education facilities by-- ``(1) awarding grants to eligible entities to enable the eligible entities to carry out qualified projects; ``(2) guaranteeing loans made to eligible entities for qualified projects; or ``(3) making payments of interest on bonds, loans, or other financial instruments (other than a refinancing) that are issued to eligible entities for qualified projects. ``(b) Application.--An eligible entity that desires to receive a grant, loan guarantee, or payment of interest under this subpart shall submit an application to the Secretary at such a time, in such a manner, and containing such information as the Secretary may require. The application shall include-- ``(1) a detailed description of the qualified project; ``(2) in the case of a qualified project described in section 5621(4)(A)(vi), a description of the educational outcomes to be furthered by the one-time repair of serviceable equipment or replacement of equipment; ``(3) an indication as to whether the eligible entity prefers to receive a grant, loan guarantee, or payment of interest; ``(4) a description of the need for the qualified project; ``(5) a description of how the eligible entity will ensure that the qualified project will be adequately maintained; ``(6) an identification of any public elementary school or secondary school or community college that will benefit from the qualified project; ``(7) a description of how the qualified project will improve instruction and educational outcomes at the facility, including any opportunities to integrate project activities within the curriculum of such school or community college; ``(8) a description of how the facility supported by the qualified project will be used for providing educational services in science, technology, engineering, mathematics, or career and technical education; ``(9) a description of how the eligible entity will ensure that the modernization, renovation, or repair supported by the qualified project meets Leadership in Energy and Environmental Design (LEED) building rating standards, Energy Star standards, Collaborative for High Performance Schools (CHPS) criteria, Green Building Initiative environmental design and rating standards (Green Globes), the Living Building Challenge certification standards, or equivalent standards adopted by entities with jurisdiction over or related to the eligible entity; ``(10) a description of the fiscal capacity of the eligible entity; ``(11) the percentage of students enrolled in the public elementary school or secondary school or community college to be served by the qualified project who are from low-income families; ``(12) in the case of a qualified project at a facility that is used by students in a secondary school, the secondary school graduation rates; and ``(13) such additional information and assurances as the Secretary may require. ``(c) Priority.--In making awards under this subpart, the Secretary shall use not less than a total of 25 percent of the funds appropriated under section 5401(b) to eligible entities for qualified projects to benefit-- ``(1) public elementary schools or secondary schools served by high-need local educational agencies, as described in section 2102(3)(A); or ``(2) community colleges serving a substantial number of rural students, as determined by the Secretary. ``(d) Supplement Not Supplant.--Funds made available under this subpart shall be used to supplement, and not supplant, other Federal and State funds available to carry out the activities supported under this subpart. ``(e) Technical Assistance and Administrative Costs.--The Secretary may reserve not more than 3 percent of funds appropriated under section 5401(b) for the administrative costs of this subpart and to provide technical assistance to community colleges and local educational agencies concerning best practices in school facility renovation, repair, and modernization. ``(f) Reporting Requirements.--Not later than 1 year after funds are appropriated to carry out this subpart, and every 2 years thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the effect of the qualified projects supported under this subpart on improving academic achievement.''. (b) Authorization of Appropriations.--Section 5401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241) is amended-- (1) by striking the matter preceding paragraph (1) and inserting the following: ``(a) In General.--There are authorized to be appropriated to carry out this part (except for subpart 22) the following amounts:''; and (2) by adding at the end the following: ``(b) Authorization for Subpart 22.--There are authorized to be appropriated to carry out subpart 22 $75,000,000 for fiscal year 2016 and each succeeding fiscal year.''. (c) Conforming Amendments.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 5618 the following: ``subpart 22--career and technical education facilities ``Sec. 5621. Definitions. ``Sec. 5622. Career and technical facilities improvement.''.

Inspiring New STEM Professionals by Investing in Renovation of Education Spaces Act or the INSPIRES Act Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct the Department of Education (ED) to support local educational agencies (LEAs), community colleges, and other appropriate entities in modernizing, renovating, or repairing facilities used to provide science, technology, engineering, mathematics, or career and technical education to public elementary, secondary school, or community college students. Requires ED to furnish such support by providing eligible entities with grants or loan guarantees or by making payments of interest on the financial instruments they use to fund the modernization, renovation, or repair of those facilities. Prohibits the use of that support for new construction or the payment of routine maintenance costs. Requires ED to direct at least 25% of the funds made available under this Act to: (1) public schools or secondary schools served by high-need LEAs, or (2) community colleges that serve a substantial number of rural students.

INSPIRES Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Main Street TARP Act of 2009''. SEC. 2. HOUSING TRUST FUND. (a) Use of TARP Funds.--Using the authority available under sections 101(a) and 115(a) of division A of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211(a), 5225(a)), the Secretary of the Treasury shall transfer to the Secretary of Housing and Urban Development $1,000,000,000, and the Secretary of Housing and Urban Development shall credit such amount to the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) for use in accordance with such section. (b) Tenant Rent Contribution.--Subparagraph (A) of section 1338(c)(7) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568(c)(7)(A)) is amended by inserting before the semicolon the following: ``; and except that all rental housing dwelling units shall be subject to legally binding commitments that ensure that the contribution toward rent by a family residing in a dwelling unit shall not exceed 30 percent of the adjusted income of such family''. SEC. 3. EMERGENCY MORTGAGE RELIEF. (a) Use of TARP Funds.--Using the authority available under sections 101(a) and 115(a) of division A of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211(a), 5225(a)), the Secretary of the Treasury shall transfer to the Secretary of Housing and Urban Development $2,000,000,000, and the Secretary of Housing and Urban Development shall credit such amount to the Emergency Homeowners' Relief Fund, which such Secretary shall establish pursuant to section 107 of the Emergency Housing Act of 1975 (12 U.S.C. 2706), as such Act is amended by this section, for use for emergency mortgage assistance in accordance with title I of such Act. (b) Reauthorization of Emergency Mortgage Relief Program.--Title I of the Emergency Housing Act of 1975 is amended-- (1) in section 103 (12 U.S.C. 2702)-- (A) in paragraph (2)-- (i) by striking ``have indicated'' and all that follows through ``regulation of the holder'' and insert ``have certified''; (ii) by striking ``(such as the volume of delinquent loans in its portfolio)''; and (iii) by striking ``, except that such statement'' and all that follows through ``purposes of this title''; and (B) in paragraph (4), by inserting ``or medical conditions'' after ``adverse economic conditions''; (2) in section 104 (12 U.S.C. 2703)-- (A) in subsection (b), by striking ``the lesser of $250 per month or''; and (B) in subsection (d), by inserting before the period at the end the following: ``, except that such interest rate may exceed such maximum rate but only as necessary to comply with rules under a program operated by a State that otherwise complies with program rules under this title''; (3) in section 105 (12 U.S.C. 2704)-- (A) by striking subsection (b); (B) in subsection (e)-- (i) by inserting ``and emergency mortgage relief payments made under section 106'' after ``insured under this section''; and (ii) by striking ``$1,500,000,000 at any one time'' and inserting ``$2,000,000,000''; (C) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; and (D) by adding at the end the following new subsection: ``(e) The Secretary shall establish underwriting guidelines or procedures to allocate amounts made available for loans and advances insured under this section and for emergency relief payments made under section 106 based on the likelihood that a mortgagor will be able to resume mortgage payments, pursuant to the requirement under section 103(5).''; (4) in section 107-- (A) by striking ``(a)''; and (B) by striking subsection (b); (5) in section 108 (12 U.S.C. 2707), by adding at the end the following new subsection: ``(d) The Secretary may allow funds to be administered by a State through an existing program that complies with program rules under this title.''; (6) in section 109 (12 U.S.C. 2708)-- (A) in the section heading, by striking ``authorization and''; (B) by striking subsection (a); (C) by striking ``(b)''; and (D) by striking ``1977'' and inserting ``2011''; (7) by striking sections 110, 111, and 113 (12 U.S.C. 2709, 2710, 2712); and (8) by redesignating section 112 (12 U.S.C. 2711) as section 110. SEC. 4. REDUCING TARP AUTHORIZATION LIMIT TO OFFSET COSTS. Paragraph (3) of section 115(a) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5225) is amended by striking ``$1,259,000,000'' and inserting ``2,259,000,000''.

Main Street TARP Act of 2009 - Directs the Secretary of the Treasury, using authority to purchase troubled assets under the Troubled Asset Relief Program (TARP) of the Emergency Economic Stabilization Act of 2008 (EESA), to transfer $1 billion to the Secretary of Housing and Urban Development (HUD) for the Secretary to credit to the Housing Trust Fund. Revises requirements for the use of allocations to states from the Housing Trust Fund for low-income rental housing. Requires that all rental housing dwelling units be subject to legally binding commitments that ensure that the contribution toward rent by a resident family shall not exceed 30% of the family's adjusted income. Requires the HUD Secretary to credit certain amounts from the Housing Trust Fund to the Emergency Homeowners' Relief Fund (which the Secretary shall establish under the Emergency Housing Act of 1975) for emergency mortgage assistance. Amends the Emergency Housing Act of 1975 to: (1) increase the maximum aggregate amount of insured emergency mortgage loans and advances; and (2) extend through FY2011 the program for insured loans and emergency mortgage relief payments made under the Act. Amends EESA to reduce the TARP authorization limit in order to offset the costs of loans, advances, insurance, and appropriations authorized under this Act.

To use amounts made available under the Troubled Assets Relief Program of the Secretary of the Treasury for relief for homeowners and affordable rental housing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Alien Deportation Act''. SEC. 2. MANDATORY DETENTION AND PROMPT REMOVAL OF CERTAIN CRIMINAL ALIENS. (a) Detention.--Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (B) in subparagraph (B), by striking the comma at the end and inserting a semicolon; (C) in subparagraph (C), by striking ``, or'' at the end and inserting a semicolon; (D) in subparagraph (D), by striking the comma at the end and inserting ``; or''; and (E) by inserting after subparagraph (D) the following: ``(E)(i) is unlawfully present in the United States, as determined by the Secretary of Homeland Security; and ``(ii) is arrested for any offense described in subparagraphs (A) through (D), the conviction of which would render the alien inadmissible under section 212(a) or deportable under section 237(a),''; and (2) in paragraph (2)-- (A) by striking ``The Attorney General'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (C), the Secretary of Homeland Security''; (B) by striking ``Attorney General'' each place such term appears and inserting ``Secretary''; (C) by striking ``Code, that release'' and inserting the following: ``Code, that-- ``(i) release''; (D) by striking ``investigation, and the alien'' and inserting the following: ``investigation; and ``(ii) the alien''; (E) by striking ``A decision relating to such release'' and inserting the following: ``(B) Decision procedure.--A decision relating to a release under subparagraph (A)''; and (F) by adding at the end the following: ``(D) Aliens who have been arrested, but not convicted.--The Secretary of Homeland Security may release any alien held pursuant to paragraph (1)(E) to the appropriate authority for any proceedings subsequent to the arrest. The Secretary shall resume custody of such alien during any period pending the final disposition of any such proceedings when the alien is not in the custody of such appropriate authority. If the alien is not convicted of the offense for which the alien was arrested, the Secretary shall continue to detain the alien until removal proceedings are completed.''. (b) Prompt Removal.--Section 239(d) of the Immigration and Nationality Act (8 U.S.C. 1229(d)) is amended by adding at the end the following: ``(3) The Secretary of Homeland Security shall complete removal proceedings for any alien held pursuant to section 236(c)(1)(E) not later than 90 days after such alien is detained.''. SEC. 3. EMERGENCY IMMIGRATION PERSONNEL. (a) Goal.--It shall be the goal of the Attorney General, the Secretary of Homeland Security, and the Director of the Executive Office for Immigration Review to use the amounts appropriated pursuant to subsection (d) to bring a prompt resolution to immigration cases pertaining to aliens who are inadmissible under section 212(a)(2) or 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a) and 1227(a)). (b) Emergency Immigration Judges.-- (1) Designation.--Not later than 14 days after the date of the enactment of this Act, the Attorney General shall designate up to 100 temporary immigration judges, for renewable 6-month terms, including by hiring retired immigration judges, magistrate judges, administrative law judges, or other qualified attorneys using the same criteria as applied to the hiring of permanent immigration judges. (2) Requirement.--The Attorney General shall ensure that sufficient immigration judge resources are dedicated to achieving the goal described in subsection (a). (c) Immigration Litigation Attorneys.--The Secretary of Homeland Security shall hire 150 new immigration litigation attorneys in the Field Legal Operations of U.S. Immigration and Customs Enforcement to ensure that the goal described in subsection (a) is achieved. (d) Authorization of Appropriations.--There is authorized to be appropriated $100,000,000 to carry out this section. SEC. 4. SENSE OF THE SENATE REGARDING THE PROSECUTION OF FIRST TIME ILLEGAL BORDER CROSSERS. It is the sense of the Senate that-- (1) gains made in border security and positive trends in recidivism rates are of critical importance to those living and working in the border region and to the Nation as a whole; (2) refusing to prosecute first time illegal border crossers under Operation Streamline will jeopardize border security gains; (3) the border security steps that have led to some measure of improvement on the border, such as the historical implementation of Operation Streamline, should be preserved; and (4) appropriate officials of the executive branch should immediately remove any issued or related prohibition, policy, guidance, or direction to cease prosecuting first time illegal border crossers under Operation Streamline. SEC. 5. REPORTING REQUIREMENTS. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes the information specified in subsection (b). (b) Contents.--The report required under subsection (a) shall describe-- (1) the number of aliens currently present in the United States who have ever been arrested for a criminal offense; (2) the number of aliens currently present in the United States who have ever been convicted of a criminal offense; (3) the number of aliens with final orders of removal who are currently present in the United States and of such aliens-- (A) how many have ever been arrested for any criminal offense; and (B) how many have ever been convicted for any criminal offense; (4) the number of detainers that were issued by the Department of Homeland Security during the previous fiscal year and the number of such detainers that were honored; and (5) during the previous fiscal year-- (A) the number of aliens who were deported not later than 90 days after being detained by U.S. Immigration and Customs Enforcement, as required under section 239(d)(3) of the Immigration and Nationality Act (8 U.S.C. 1229(d)) and the criminal offenses of such aliens; (B) of the aliens who should have been deported under such section and were not deported within 90 days of detention-- (i) the reasons the aliens were not deported; and (ii) the criminal offenses of such aliens; and (C) of the aliens who were released from the custody of U.S. Immigration and Customs Enforcement and not deported-- (i) the number of such aliens; (ii) the criminal offenses committed by such aliens; (iii) the conditions of their release; (iv) the number of aliens who committed a crime after being released from custody; and (v) a list of crimes committed by such aliens.

Criminal Alien Deportation Act This bill amends the the Immigration and Nationality Act to require the detention of any alien who is: (1) unlawfully present in the United States; and (2) arrested for specified offenses, conviction of any of which would render the alien inadmissible or deportable. Release authority is transferred from the Department of Justice (DOJ) to the Department of Homeland Security (DHS), and amended to provide that DHS: may release an alien held pursuant to this Act to the appropriate authority for any proceedings subsequent to the arrest, shall resume custody of such alien during any period pending the final disposition of any such proceedings when the alien is not in the custody of the appropriate authority, and shall continue to detain until removal proceedings are completed any alien not convicted of the offense for which he or she was arrested. DHS shall complete removal proceedings for any such detained alien within 90 days. It shall be the goal of DOJ, DHS, and the Executive Office for Immigration Review to use funds authorized under this Act to resolve promptly cases pertaining to aliens inadmissible on specified criminal grounds. In order to help achieve this goal DOJ shall designate up to 100 temporary immigration judges and DHS shall hire 150 new immigration litigation attorneys. It is the sense of the Senate that: gains made in border security and positive trends in recidivism rates are of critical importance to those living and working in the border region and to the nation as a whole; refusing to prosecute first time illegal border crossers under Operation Streamline will jeopardize border security gains; border security steps that have led to improvement on the border, such as Operation Streamline, should be preserved; and appropriate executive branch officials should remove any issued or related prohibition, policy, or direction to cease prosecuting first time illegal border crossers under Operation Streamline.

Criminal Alien Deportation Act

SECTION 1. INCREASE IN PENALTIES. (a) In General.--Subparagraph (A) of section 309(d)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)(1)(A)) is amended to read as follows: ``(A) Any person who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution, donation, or expenditure-- ``(i) aggregating $25,000 or more during a calendar year shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both; or ``(ii) aggregating $2,000 or more (but less than $25,000) during a calendar year shall be fined under such title, or imprisoned for not more than one year, or both.''. (b) Effective Date.--The amendment made by this section shall apply to violations occurring on or after the date of enactment of this Act. SEC. 2. STATUTE OF LIMITATIONS. (a) In General.--Section 406(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 455(a)) is amended by striking ``3'' and inserting ``5''. (b) Effective Date.--The amendment made by this section shall apply to violations occurring on or after the date of enactment of this Act. SEC. 3. SENTENCING GUIDELINES. (a) In General.--The United States Sentencing Commission shall-- (1) promulgate a guideline, or amend an existing guideline under section 994 of title 28, United States Code, in accordance with paragraph (2), for penalties for violations of the Federal Election Campaign Act of 1971 and related election laws; and (2) submit to Congress an explanation of any guidelines promulgated under paragraph (1) and any legislative or administrative recommendations regarding enforcement of the Federal Election Campaign Act of 1971 and related election laws. (b) Considerations.--The Commission shall provide guidelines under subsection (a) taking into account the following considerations: (1) Ensure that the sentencing guidelines and policy statements reflect the serious nature of such violations and the need for aggressive and appropriate law enforcement action to prevent such violations. (2) Provide a sentencing enhancement for any person convicted of such violation if such violation involves-- (A) a contribution, donation, or expenditure from a foreign source; (B) a large number of illegal transactions; (C) a large aggregate amount of illegal contributions, donations, or expenditures; (D) the receipt or disbursement of governmental funds; and (E) an intent to achieve a benefit from the Government. (3) Provide a sentencing enhancement for any violation by a person who is a candidate or a high-ranking campaign official for such candidate. (4) Assure reasonable consistency with other relevant directives and guidelines of the Commission. (5) Account for aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements. (6) Assure the guidelines adequately meet the purposes of sentencing under section 3553(a)(2) of title 18, United States Code. (c) Effective Date; Emergency Authority To Promulgate Guidelines.-- (1) Effective date.--The United States Sentencing Commission shall promulgate guidelines under this section not later than the later of-- (A) 90 days after the date of enactment of this Act; or (B) 90 days after the date on which at least a majority of the members of the Commission are appointed and holding office. (2) Emergency authority to promulgate guidelines.--The Commission shall promulgate guidelines under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under such Act has not expired. SEC. 4. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS. (a) In General.--Section 319(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(a)) is amended to read as follows: ``(a) Prohibitions on Contributions and Donations.-- ``(1) In general.--Subject to paragraph (2), it shall be unlawful for-- ``(A) a foreign national, or an entity that is a domestic subsidiary of a foreign national, to make, directly or through any other person, any contribution of money or other thing of value, or promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select a candidate for any political office or make any donation, or promise expressly or impliedly to make any such donation; or ``(B) any person to solicit, accept, or receive any such contribution or donation from a foreign national. ``(2) Exception.--Paragraph (1) shall not apply to an entity that is a domestic subsidiary of a foreign national if the entity can demonstrate through a reasonable accounting method that the entity has sufficient funds in the entity's account, other than funds given or loaned by the foreign national parent of the entity, from which the contribution or donation is made.''. (b) Definition of Donation.--Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at the end the following: ``(20) Donation.-- ``(A) In general.--The term `donation' means a gift, subscription, loan, advance, or deposit of money or anything else of value made by any person to a national committee of a political party or a Senatorial or Congressional Campaign Committee of a national political party for any purpose, but does not include a contribution (as defined in paragraph (8)). ``(B) Foreign national.--In the case of a person which is a foreign national (as defined in section 319(b)), the term `donation' includes a gift, subscription, loan, advance, or deposit of money or anything else of value made by such person to a State or local committee of a political party or a candidate for State or local office.''. (c) Conforming Amendment.--Section 319 of Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by striking the heading and inserting ``RESTRICTIONS ON FOREIGN NATIONALS''. SEC. 5. PROHIBITION ON DONATIONS IN NAME OF ANOTHER. Section 320 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441f) is amended by inserting ``or donation'' after ``contribution'' each place it appears.

Amends the Federal Election Campaign Act of 1971 (FECA) to increase from one year to five years the maximum imprisonment for knowing and willful prohibited transactions aggregating $25,000 or more during a calendar year. Extends the statute of limitations from three to five years.Directs the U.S. Sentencing Commission to: (1) promulgate a guideline, or amend an existing guideline, for penalties under FECA and related election laws; and (2) submit to Congress an explanation of any such guidelines and any legislative or administrative recommendations regarding enforcement.Amends FECA to extend the prohibition against campaign contributions by foreign nationals to domestic subsidiaries of foreign nationals, unless the subsidiary can demonstrate through a reasonable accounting method that it has sufficient funds other than those given or loaned by its foreign national parent from which the contribution or donation is made.Extends to donations the prohibition against contributions in the name of another.

A bill to amend the Federal Election Campaign Act of 1971 to enhance criminal penalties for election law violations, to clarify current provisions of law regarding donations from foreign nationals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Living Organ Donation Incentives Act of 1999''. SEC. 2. FAMILY AND MEDICAL LEAVE. (a) Civilian Population.-- (1) Leave requirement.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(E) to provide a living organ donation, including time spent for-- ``(i) tests used to determine if the live donor is medically suitable to donate; ``(ii) physical, psychological, and social evaluations of the live donor; ``(iii) pre-transplant outpatient services; ``(iv) post-operative inpatient and outpatient transplantation services; ``(v) travel in connection with tests, evaluations, and services described in clauses (i) through (iv); and ``(vi) recuperation consistent with the type of transplant.''. (2) Conforming.-- (A) Section 102.--Sections 102(b) and 102(e) of such Act (29 U.S.C. 2612(b), (e)) are each amended by striking ``(C) or (D)'' each place it occurs and inserting ``(C), (D), or (E)''. (B) Section 102(b).--Sections 102(b)(2) and 102(e)(2) of such Act (29 U.S.C. 2612(b)(2), 2612(e)(2))) are each amended by inserting ``, including living organ donation'' after ``treatment''. (B) Section 103.--Section 103 of such Act (29 U.S.C. 2613) is amended-- (A) in subsection (b)(4), by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``; and'', and by adding at the end the following: ``(C) for purposes of leave under section 6382(a)(1)(E), a statement that the employee is unable to perform the functions of the position of the employee.''; (B) in subsection (b)(5), by inserting ``or living organ donation'' after ``treatment'' each place it appears; and (C) in subsection (c)(1), by striking ``(C) or (D)'' and inserting ``(C), (D), or (E)''. (C) Section 104(a).--Section 104(a)(4) of such Act (29 U.S.C. 2614(a)(4)) is amended by inserting ``or section 102(a)(1)(E)'' after ``(D)''. (D) Section 104(c).--Section 104(c)(2) of such Act (29 U.S.C. 2614(c)(2)) is amended by striking ``(C) or (D)'' and inserting ``(C), (D), or (E)'' and section 104(c)(3)(A) is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; or'', and by adding at the end the following: ``(iii) a certification issued by the health care provider of the eligible employee, in the case of an employee unable to return to work because of a condition specified in section 102(a)(1)(E).''; and section 104(c)(3)(C)(i) of such Act (29 U.S.C. 2614(c)(3)(C)(i)) is amended by inserting ``or (A)(iii)'' after ``(ii)''. (E) Section 108.--Section 108(c)(1) of such Act (29 U.S.C. 2618(c)(1)) is amended by striking ``(C) or (D)'' and inserting ``(C), (D), or (E)'' and by inserting ``, including living organ donation'' after ``treatment'' each place it occurs. (b) Federal Population.-- (1) Leave requirement.--Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following: ``(E) to provide a living organ donation, including time spent for-- ``(i) tests used to determine if the live donor is medically suitable to donate; ``(ii) physical, psychological, and social evaluations of the live donor; ``(iii) post-operative inpatient and outpatient transplantation services; ``(iv) pre-transplant outpatient services; ``(v) travel in connection with tests, evaluations, and services described in clauses (i) through (iv); and ``(vi) recuperation consistent with the type of transplant.''. (2) Conforming.-- (A) Section 6382(b)(2).--Section 6382(b)(2) of such title is amended by striking ``(C) or (D)'' and inserting ``(C), (D), or (E)''. (B) Section 6382(d).--Section 6382(d) of such title is amended by striking ``or (D)'' and inserting ``(D), or (E)''. (C) Section 6382(e)(2).--Section 6382(e)(2) of such title is amended by striking ``(C) or (D)'' and inserting ``(C), (D), or (E)''. (D) Section 6383(a).--Section 6383(a) of such title is amended by striking ``(C) or (D)'' and inserting ``(C), (D), or (E)''. (E) Section 6833(b)(4).--Section 6833(b)(4) of such title is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``; and'', and by adding at the end the following: ``(C) for purposes of leave under section 6382(a)(1)(E), a statement that the employee is unable to perform the functions of the position of the employee.''. (F) Section 6833(b)(5).--Section 6833(b)(5) of such title is amended by inserting ``, including living organ donation'' after ``treatment''. (G) Section 6384(d).--Section 6384(d) of such title is amended by inserting ``or section 6382(a)(1)(E)'' after ``(D)''. SEC. 3. NATIONAL PROGRAM FOR PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES INCURRED TOWARD DONATION OR RECEIPT OF ORGANS. Part H of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended-- (1) by redesignating section 378 as section 379; and (2) by inserting after section 377 the following section: ``payment of travel and subsistence expenses regarding organ donation ``Sec. 378. (a) In General.--The Secretary may carry out a national program of making awards of grants or contracts to States, transplant centers, qualified organ procurement organizations under section 371, or other public or private entities for the purpose of providing for the payment of travel and subsistence expenses incurred by individuals, or as applicable their families, toward making or receiving donations of organs. ``(b) Certain Criteria.--In establishing criteria for carrying out subsection (a), the Secretary may include the following: ``(1) In addition to the payment of travel and subsistence expenses, the criteria may provide for the payment of such additional nonmedical expenses as the Secretary determines to be appropriate. ``(2) The criteria may provide that the individuals for whom qualifying expenses are paid will include individuals, or as applicable their families, who in good faith incur such expenses toward the intended donating or receiving of an organ but with respect to whom, for such reasons as the Secretary determines to be appropriate, no donating or receiving of the organ occurs. ``(c) Relationship to Payments Under Other Programs.--A grant may be made under subsection (a) only if the applicant involved agrees that the grant will not be expended to pay qualifying expenses for an individual to the extent that payment has been made, or can reasonably be expected to be made, with respect to such expenses-- ``(1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or ``(2) by an entity that provides health services on a prepaid basis. ``(d) Definition.--For purposes of this section, the term `qualifying expenses', with respect to donating or receiving an organ, means travel and subsistence expenses, and such additional nonmedical expenses as may be designated under subsection (b)(1). ``(e) 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 2000 through 2004.''. SEC. 4. INCREASE IN PAYMENT AMOUNT FOR RENAL DIALYSIS SERVICES FURNISHED UNDER THE MEDICARE PROGRAM. (a) In General.--Section 1881(b)(7) of the Social Security Act (42 U.S.C. 1395rr(b)(7)) is amended by adding at the end the following new flush sentence: ``The Secretary shall increase the amount of each composite rate payment for dialysis services furnished on or after January 1, 2000, by 2.9 percent above such composite rate payment amounts for such services furnished on December 31, 1999.''. (b) Conforming Amendment.-- (1) In general.--Section 9335(a) of the Omnibus Budget Reconciliation Act of 1986 (42 U.S.C. 1395rr note) is amended by striking paragraph (1). (2) Effective date.--The amendment made by paragraph (1) shall take effect on January 1, 2000.

Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or contracts to States, transplant centers, qualified organ procurement organizations, or other public and private entities to provide for payment of travel and related organ donation expenses. Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary to increase by 2.9 percent each composite rate payment for Medical renal dialysis services. Authorizes appropriations.

Living Organ Donation Incentives Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Outreach Improvement Act of 2003''. SEC. 2. DEFINITION OF OUTREACH. Section 101 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(34) The term `outreach' means the act or process of reaching out in a systematic manner to proactively provide information, services, and benefits counseling to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive benefits under the laws administered by the Secretary, to ensure that such individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws.''. SEC. 3. AUTHORITIES AND REQUIREMENTS FOR ENHANCEMENT OF OUTREACH OF ACTIVITIES DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 5 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IV--OUTREACH ``Sec. 561. Outreach activities: funding ``(a) The Secretary shall establish a separate account for the funding of the outreach activities of the Department, and shall establish within such account a separate subaccount for the funding of the outreach activities of each element of the Department specified in subsection (c). ``(b) In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested for such fiscal year for activities as follows: ``(1) For outreach activities of the Department in aggregate. ``(2) For outreach activities of each element of the Department specified in subsection (c). ``(c) The elements of the Department specified in this subsection are as follows: ``(1) The Veterans Health Administration. ``(2) The Veterans Benefits Administration. ``(3) The National Cemetery Administration. ``Sec. 562. Outreach activities: coordination of activities within Department ``(a) The Secretary shall establish and maintain procedures for ensuring the effective coordination of the outreach activities of the Department between and among the following: ``(1) The Office of the Secretary. ``(2) The Office of Public Affairs. ``(3) The Veterans Health Administration. ``(4) The Veterans Benefits Administration. ``(5) The National Cemetery Administration. ``(b) The Secretary shall-- ``(1) periodically review the procedures maintained under subsection (a) for the purpose of ensuring that such procedures meet the requirement in that subsection; and ``(2) make such modifications to such procedures as the Secretary considers appropriate in light of such review in order to better achieve that purpose. ``Sec. 563. Outreach activities: cooperative activities with States; grants to States for improvement of outreach ``(a) It is the purpose of this section to assist States in carrying out programs that offer a high probability of improving outreach and assistance to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive veterans' or veterans'-related benefits, to ensure that such individuals are fully informed about, and assisted in applying for, any veterans' and veterans'-related benefits and programs (including under State veterans' programs). ``(b) The Secretary shall ensure that outreach and assistance is provided under programs referred to in subsection (a) in locations proximate to populations of veterans and other individuals referred to in that subsection, as determined utilizing criteria for determining the proximity of such populations to veterans health care services. ``(c) The Secretary may enter into cooperative agreements and arrangements with veterans agencies of the States in order to carry out, coordinate, improve, or otherwise enhance outreach by the Department and the States (including outreach with respect to State veterans' programs). ``(d)(1) The Secretary may award grants to veterans agencies of States in order to achieve purposes as follows: ``(A) To carry out, coordinate, improve, or otherwise enhance outreach, including activities pursuant to cooperative agreements and arrangements under subsection (c). ``(B) To carry out, coordinate, improve, or otherwise enhance activities to assist in the development and submittal of claims for veterans' and veterans'-related benefits, including activities pursuant to cooperative agreements and arrangements under subsection (c). ``(2) A veterans agency of a State receiving a grant under this subsection may use the grant amount for purposes described in paragraph (1) or award all or any portion of such grant amount to local governments in such State, other public entities in such State, or private non-profit organizations in such State for such purposes. ``(e) Amounts available for the Department for outreach in the account under section 561 of this title shall be available for activities under this section, including grants under subsection (d).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new items ``SUBCHAPTER IV--OUTREACH ``561. Outreach activities: funding. ``562. Outreach activities: coordination of activities within Department. ``563. Outreach activities: cooperative activities with States; grants to States for improvement of outreach.''.

Veterans Outreach Improvement Act of 2003 - Directs the Secretary of Veterans to establish a separate account for the funding of outreach activities of the Department of Veterans Affairs and a separate subaccount for the funding of outreach activities of the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Directs the Secretary to: (1) establish and maintain procedures for ensuring the effective coordination of Department outreach activities between and among such elements, the Office of the Secretary, and the Office of Public Affairs; and (2) ensure that outreach is provided in locations proximate to populations of veterans and other individuals in States that offer a high probability of improving veterans' outreach and assistance. Authorizes the Secretary to award grants to appropriate State veterans agencies for such purpose.

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

SECTION 1. TERMINATION OF MILK MARKETING ORDERS. (a) Termination.--Section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by striking paragraphs (5) and (18) relating to milk and its products. (b) Prohibition on Subsequent Orders Regarding Milk.--Paragraph (2) of such section is amended-- (1) by striking ``Milk, fruits'' and inserting ``Fruits''; and (2) by inserting ``milk,'' after ``honey,'' in subparagraph (B). (c) Conforming Amendments.--(1) Section 2(3) of such Act (7 U.S.C. 602(3) is amended by striking ``, other than milk and its products,''. (2) Section 8c of such Act (7 U.S.C. 608c) is amended-- (A) in paragraph (6), by striking ``, other than milk and its products,''; (B) in paragraph (7)(B), by striking ``(except for milk and cream to be sold for consumption in fluid form)''; (C) in paragraph (11)(B), by striking ``Except in the case of milk and its products, orders'' and inserting ``Orders''; (D) in paragraph (13)(A), by striking ``, except to a retailer in his capacity as a retailer of milk and its products''; and (E) in paragraph (17), by striking the second proviso, which relates to milk orders. (3) Section 8d(2) of such Act (7 U.S.C. 608d(2)) is amended by striking the second sentence, which relates to information from milk handlers. (4) Section 10(b)(2) of such Act (7 U.S.C. 610(b)) is amended-- (A) by striking clause (i); (B) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (C) in clause (i) (as so redesignated), by striking ``other commodity'' in the first sentence and inserting ``commodity''. (5) Section 11 of such Act (7 U.S.C. 611) is amended by striking ``and milk, and its products,''. (6) Section 715 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1994 (Public Law 103-111; 107 Stat. 1079; 7 U.S.C. 608d note), is amended by striking the third proviso, which relates to information from milk handlers. (d) Effective Date.--The amendments made by this section shall take effect on ________________. SEC. 2. PROGRAM TO VERIFY RECEIPTS OF MILK. (a) Program Required.--The Secretary of Agriculture shall establish a program through which the verification of receipts of all cow's milk marketed in the 48 contiguous States and the auditing of marketing agreements with respect to receipts of such milk may be accomplished. (b) Market Services.--The program shall provide a means by which (1) market statistics and information are collected and provided to producers, handlers, and consumers, (2) the weighing, sampling, and testing of milk purchased from producers is accomplished and verified, (3) authorized deductions from payments to producers, including assessments for research and promotion programs, are collected, (4) assurance of proper payment by handlers for milk purchased is achieved, and (5) the reports, records, and facilities of handlers are reviewed and inspected to assure their accuracy. However, this subsection shall not apply to producers for whom such market services are being rendered by a cooperative marketing association qualified under the provisions of the Act of February 18, 1922 (7 U.S.C. 291-292; commonly known as the Co-operative Marketing Associations Act). (c) Reporting Requirements.--The program shall provide for the filing of reports by handlers of milk and milk products, and the publication of statistics by the Secretary, with respect to receipts of milk, prices paid for milk, and the purposes for which milk was used by handlers. (d) Administrative Assessment.--The program shall provide for an assessment on handlers, based on relative volume of receipts of milk, for expenses related to the administration of the program, and for a deduction from producer payments by handlers, based on relative marketings of milk, for expenses related to market services provided under the program by the Secretary or a cooperative marketing association. The total revenue from such assessments and deductions shall not exceed the total cost of providing those services. (e) Marketing Agreements.--Producers or associations of producers, including cooperative marketing associations qualified under the provisions of the Act of February 18, 1922 (7 U.S.C. 291-292; commonly known as the Co-operative Marketing Associations Act), may negotiate and enter into marketing agreements or other private contracts with handlers for the marketing and receipt of milk. Upon the request of either or both of the parties, the Secretary may perform an audit of the agreement or contract to assure compliance with its terms, except that the Secretary shall be reimbursed for any costs associated with the audit in the manner provided in the agreement or contract. If there is no provision for the reimbursement of the Secretary in the agreement or contract, the party or parties requesting the audit shall provide such reimbursement. (f) Prohibition on Marketing Limitations.--No marketing agreement or Government order or regulation applicable to milk and its products in any marketing area or jurisdiction shall prohibit or in any manner limit the marketing in that area of any milk or product of milk produced in any production area in the United States. (g) Final Regulations.--Not later than ____________, the Secretary shall issue final regulations to establish the verification program required by this section. The regulations shall take effect on that date.

Amends the Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to terminate milk marketing order authority. Directs the Secretary of Agriculture to establish a program to verify the receipts of all cow's milk marketed in the 48 contiguous States, which shall include: (1) specified market services; (2) reporting requirements; (3) handler assessments; (4) producer marketing agreement authority; and (5) a prohibition on marketing limitations.

To amend the Agricultural Adjustment Act to terminate Federal milk marketing orders and to replace such orders with a program to verify receipts of milk.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Revolving Funds for Schools Act''. SEC. 2. STATE REVOLVING FUND PILOT PROGRAM. (a) Establishment.-- (1) Cooperative agreements.--Subject to the provisions of this section, the Secretary of Education may enter into cooperative agreements with States for the establishment of State revolving funds and multistate revolving funds for making loans to local political subdivisions or local educational agencies for building or repairing elementary or secondary schools which provide free public education. (2) Interstate compacts.--2 or more States may enter into a cooperative agreement under paragraph (1) with the Secretary for the establishment of a multistate revolving fund, to enter into an interstate compact establishing such fund in accordance with this section. (b) Funding.--The Secretary shall make grants to State revolving funds and multistate revolving funds in a State in a cooperative agreement under subsection (a)(1) to provide initial capital for loans provided under this section to local political subdivisions or local educational agencies. Each fund shall apply repayments of principal and interest on loans to the making of additional loans. The Secretary shall take final action on an application for a grant under this subsection within 90 days of the date of the submittal of such application. (c) Revolving Fund Requirements.--In order to establish a revolving fund under this section, each State establishing the fund shall-- (1) meet the matching requirement described in paragraph (d); (2) identify an operating entity of the State as recipient of the grant if the entity has the capacity to manage loan funds; (3) allow such funds to be used as reserve for debt issued by the State so long as proceeds are deposited in the fund for loan purposes; (4) ensure that investment income generated by funds contributed to an account of the fund will be-- (A) credited to the account; (B) available for use in providing loans to projects eligible for assistance from the account; and (C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the fund; (5) ensure that any loan from the fund will bear interest at or below the lowest interest rates being offered for bonds the income from which is exempt from Federal taxation, as determined by the State; (6) ensure that repayment of any loan from the fund will commence not later than 1 year after the project has been completed; (7) ensure that the term for repaying any loan will not exceed the projected useful life of the project that is the subject of the loan; and (8) require the fund to make an annual report to the Secretary on its status and make such other reports as the Secretary may require by guidelines. (d) Matching Requirement.--In order to meet the matching requirement, each State establishing a revolving fund shall-- (1) contribute, at a minimum, in each account of the fund from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the fund under subsection (b); or (2) require for any project financed from the fund that the local political subdivision or educational agency contribute at least 20 percent of the cost of such project from non-Federal sources. (e) Forms of Assistance From Revolving Funds.-- (1) In general.--A revolving fund established under this section may make loans to a local educational agency in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. In the case of a project which meets the requirement of subsection (d)(2), a revolving fund established under this section may make loans to a local educational agency in an amount equal to up to 80 percent of the cost of carrying out a project eligible for assistance under this section. (2) Applications for loans.--An application to a revolving fund by a local educational agency for a loan shall include-- (A) in the case of a renovation project, a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds under a loan and the priorities to be applied; (B) a description of the criteria used by the applicant to determine the type of corrective action necessary for the renovation of a facility; (C) a description of improvements to be made and a cost estimate for the improvements; and (D) such other information as the revolving fund may require. A revolving fund shall take final action on a completed application submitted to it within 90 days after the date of its submittal. (3) Criteria for loans.--In considering applications for a loan, a revolving fund shall consider-- (A) the extent to which the local educational agency involved lacks the fiscal capacity, including the ability to raise funds through the full use of such agency's bonding capacity and otherwise, to undertake the project for which the loan would be used without the loan; (B) the threat that the condition of the physical plant in the project poses to the safety and well-being of students; (C) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility in the project; and (D) the age of such facility. (f) Qualifying Projects.--A project is eligible for a loan from a revolving fund if it is a project that consists of-- (1) the construction of new elementary or secondary schools to meet the needs imposed by enrollment growth; (2) the repair or upgrading of classrooms or structures related to academic learning, including the repair of leaking roofs, crumbling walls, inadequate plumbing, poor ventilation equipment, and inadequate heating or light equipment; (3) an activity to increase physical safety at the educational facility involved; (4) an activity to enhance the educational facility involved to provide access for students, teachers, and other individuals with disabilities; (5) an activity to address environmental hazards at the educational facility involved, such as poor ventilation, indoor air quality, or lighting; (6) the provision of basic infrastructure that facilitates educational technology, such as communications outlets, electrical systems, power outlets, or a communication closet; (7) work that will bring an educational facility into conformity with the requirements of-- (A) environmental protection or health and safety programs mandated by Federal, State, or local law if such requirements were not in effect when the facility was initially constructed; and (B) hazardous waste disposal, treatment, and storage requirements mandated by the Resource Conservation and Recovery Act of 1976 or similar State laws; and (8) work to detect, remove, or otherwise contain asbestos hazards in educational facilities. (g) Loan Forgiveness.--A State may forgive all or part of any loan described in this section if the total projected principal and interest repayments for all loans granted by the State and not forgiven under this subsection equal or exceed the combined total of all Federal capitalization grants provided to the State and any matching funds described in subsection (d)(1) provided by the State. (h) Supplementation.--Any loan made by a revolving fund shall be used to supplement and not supplant other Federal, State, and local funds available. (i) Limitation on Repayments.--Notwithstanding any other provision of law, the repayment of a loan from a revolving fund under this section may not be credited toward the non-Federal share of the cost of any project. (j) Secretarial Requirements.--In administering this section, the Secretary shall specify procedures and guidelines for establishing, operating, and providing assistance from a revolving fund. (k) United States Not Obligated.--The contribution of Federal funds into a revolving fund established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the revolving fund shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (l) Management of Federal Funds.--Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (m) Program Administration.--For each of fiscal years 2000 through 2004, a State may expend an amount not to exceed 2 percent of the Federal funds contributed to a revolving fund established by the State under this section to pay the reasonable costs of administering the fund. (n) Secretarial Review.--The Secretary shall review the financial condition of each revolving fund established under this section biennially and transmit to Congress a report on the results of such review not later than 90 days after the completion of the review. (o) Authorization of Appropriations.--For grants to States for the initial capitalization of revolving funds there are authorized to be appropriated $1,000,000,000 for fiscal year 2000 and for each of the 4 succeeding fiscal years. SEC. 3. DEFINITIONS. The terms used in this Act shall have the meaning given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).

State Revolving Funds for Schools Act - Establishes a pilot program of State revolving funds for school construction. Authorizes the Secretary of Education to enter into cooperative agreements with States for the establishment of State revolving funds and multistate revolving funds for making loans to local political subdivisions or local educational agencies for building or repairing public elementary or secondary schools. Sets forth requirements for such revolving funds, including matching requirements. Directs the Secretary to review and report to the Congress biennially on the financial condition of each such revolving fund. Authorizes appropriations.

State Revolving Funds for Schools Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Eligibility Verification and Anti-Identity Theft Act''. SEC. 2. REQUIRING AGENCIES TO SEND ``NO-MATCH'' LETTERS. (a) Social Security Administration.--The Commissioner of the Social Security Administration shall send a written notice to a person or entity each time that the combination of name and Social Security account number submitted by the person or entity for an individual does not match Social Security Administration records. (b) Department of Homeland Security.--The Secretary of Homeland Security shall send a written notice to a person or entity each time that such Secretary determines that an immigration status document or employment authorization document presented or referenced by an individual during the process of completing the attestations required by the person or entity for employment eligibility verification was assigned to another person, or that there is no agency record that the document was assigned to any person. SEC. 3. REQUIRING EMPLOYERS TO TAKE ACTION UPON RECEIPT OF A ``NO- MATCH'' LETTER. Beginning on the date that is 6 months after the date of the enactment of this Act, a person or entity that has received a written notice under section 2 shall, within 3 business days of receiving such notice, verify the individual's employment authorization and identity through the verification system established under section 4. SEC. 4. VERIFICATION SYSTEM. Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Commissioner of the Social Security Administration, as appropriate, shall establish and administer a verification system through which persons or entities that have received written notice under section 2 shall verify an individual's employment authorization and identity. SEC. 5. DESIGN AND OPERATION OF SYSTEM. The verification system established under section 4 shall be designed and operated-- (1) to maximize its reliability and ease of use, consistent with insulating and protecting the privacy and security of the underlying information; (2) to respond to all required inquiries under this Act regarding whether individuals are authorized to be employed and to register all times when such inquiries are not received; (3) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; and (4) to have reasonable safeguards against the system's resulting in unlawful discriminatory practices based on national origin or citizenship status, including-- (A) the selective or unauthorized use of the system to verify eligibility; (B) the use of the system prior to an offer of employment; or (C) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants. SEC. 6. EXTENSION OF TIME. If a person or entity in good faith attempts to make an inquiry during the time period specified and the verification system established under section 4 has registered that not all inquiries were received during such time, the person or entity may make an inquiry on the first subsequent working day in which the verification system registers that it has received all inquiries. If the verification system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry. SEC. 7. RETENTION OF PROOF OF VERIFICATION COMPLETION. After completion of the verification process established under section 4, a person or entity shall retain a paper, microfiche, microfilm, or electronic version of the form received through the verification process (or, in the case of a telephonic verification, a paper, microfiche, microfilm, or electronic record of the telephonic verification code number) and make it available for inspection by officers of the Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor for 3 years after the date on which the form or telephonic verification code number was received. SEC. 8. TERMINATION OF EMPLOYMENT. (a) Burden on Individual To Resolve Errors.--If a person or entity has received an initial nonverification regarding an individual from the verification system established under section 4, the person or entity shall notify the individual in writing within 1 business day of such receipt. In such notice, the person or entity shall advise the individual that the burden is on the individual to resolve any error in the verification mechanism not later than 30 days after the date on which the notice is issued. Such notice shall also state that the person or entity shall be required to verify once again the individual's employment authorization and identity through the verification system established under section 4, and to terminate any employment in the United States, and any recruitment, hiring, or referral for employment in the United States, of the individual, if a final nonverification is received. (b) Additional Verification.--A person or entity that has issued a notice under subsection (a) shall, within 33 business days of such issuance, verify once again the individual's employment authorization and identity through the verification system established under section 4. Sections 6 and 7 shall apply to such final verification in the same manner as such sections applied to the initial verification. SEC. 9. FINAL VERIFICATION. (a) Within 7 days of receiving final nonverification for an individual, the person or entity issued a notice under section 8(a) of this Act shall provide the Commissioner of Social Security with a copy of such individual's verification form as described in section 274A(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(3)) in addition to any other information regarding the last known name, address, and location of such individual. (b) Within 3 business days of receiving such notification, the Commissioner of Social Security shall provide such information to the Secretary of Homeland Security. SEC. 10. EMPLOYER VIOLATIONS. A person or entity shall be considered to have violated section 274A(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)(A)) if the person or entity-- (1) continues to employ in the United States, or recruits, hires, or refers for employment in the United States, an individual after receiving a final nonverification regarding an individual from the verification system established under section 4; or (2) otherwise fails to take an action required under this Act. SEC. 11. REQUIREMENT TO PARTICIPATE IN PILOT PROGRAM. Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding at the end the following: ``(C) Any person or entity that, in a calendar year, receives written notice under section 2 of this Act with respect to more than 20 individuals, shall elect to participate in the basic pilot program described in section 403(a) and shall comply with the terms and conditions of such election.''. SEC. 12. LIMITATION ON USE. (a) In General.--Notwithstanding any other provision of law, nothing in this Act shall be construed to permit or allow any department, bureau, or other agency of the United States Government to utilize any information, data base, or other records assembled under this Act for any other purpose other than as provided for under this Act. (b) No National Identification Card.--Nothing in this Act shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. SEC. 13. FEDERAL TORT CLAIMS ACT REMEDY. If an individual alleges that the individual would not have been dismissed from a job but for an error of the verification mechanism, the individual may seek compensation only through the mechanism of chapter 171 of title 28, United States Code (popularly known as the Federal Tort Claims Act), and injunctive relief to correct such error. No class action may be brought under this Act. SEC. 14. PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE BASIS OF INFORMATION. No person or entity shall be civilly or criminally liable for any action taken in good faith reliance on information provided through the employment eligibility verification mechanism established under this Act.

Employment Eligibility Verification and Anti-Identity Theft Act - Directs the Commissioner of the Social Security Administration to notify a person or entity each time that the combination of name and Social Security account number it has submitted for an individual does not match Social Security Administration records. Directs the Secretary of Homeland Security (HS) to notify a person or entity each time that: (1) an immigration status or employment authorization document presented or referenced by an individual during the employment eligibility verification process was assigned to another person; or (2) there is no agency record that the document was assigned to any person. Directs the HS Secretary to establish a system, meeting specified requirements, for verifying an individual's identity and employment eligibility. Requires any person or entity that has received a discrepancy notice under this Act to verify the individual's employment authorization and identity through such system. Places the burden of resolving errors in the verification mechanism on the individual whose employment eligibility and identity have not been verified. Requires the individual to terminate any employment in the United States if a final nonverification is received. Requires the Commissioner of Social Security to provide the last known name, address, and location of a nonverified individual to the Secretary of Homeland Security. Provides for sanctions against employers who continue to employ an individual after receiving a final nonverification. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require any person or entity that receives written notice about more than 20 individuals in one calendar year to: (1) participate in a basic pilot project for employment eligibility confirmation; and (2) comply with specified terms and conditions. Provides for: (1) a remedy under the Federal Tort Claims Act for job dismissals occasioned by verification mechanism errors; and (2) protection from civil and criminal liability for persons or entities that take action in good faith on the basis of verification mechanism information.

To require an employer to take action after receiving official notice that an individual's Social Security account number does not match the individual's name, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wasatch Range Recreation Access Enhancement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Canyons Ski Resort and Solitude Mountain Resort and other ski areas are interested in providing direct public access between the Wasatch Range front and back in the State of Utah by linking these ski resorts by means of a transportation connection, such as skier transport, lift, or tramway. (2) The seven ski resorts in the Wasatch Range in Utah are situated within a 5-mile radius, and the resorts are separated by mountain ridges and other natural features of the Uinta- Wasatch-Cache National Forest, but currently there is no convenient transportation link between the resorts. (3) Wasatch Mountains Resorts have proposed a public-access transportation connection through construction of a minimally invasive transportation alternative gondola for skiers, called ``SkiLink'', which would cross approximately 30 acres of lands managed by the Uinta-Wasatch-Cache National Forest from private land at The Canyons Ski Resort in Summit County, Utah, to private land at Solitude Mountain Resort in Big Cottonwood Canyon, Utah. (4) The land and resource management plan for Uinta- Wasatch-Cache National Forest prohibits new alpine ski lifts on National Forest System land. (5) Despite efforts by Utah Department of Transportation, the Wasatch Front Regional Council, and the Utah Transit Authority to increase transit and carpool access in Big Cottonwood Canyon, daily traffic on peak winter weekends ranges between 8,000 and 9,000 vehicles per day. Addressing congested traffic conditions in the Wasatch Canyons is important for the safety, health, and economy of the Wasatch Range front and back. (6) Studies show that the establishment of the SkiLink would reduce ski-season vehicle traffic between The Canyons Ski Resort and Solitude Mountain Resort by as much as 18,000 cars per year or 1 million fewer miles driven per year, and the amount of the reduction is expected to increase over time. (7) SkiLink would produce immediate traffic benefits, including a reduction in PM 2.5 and other emissions in Parley's and Big Cottonwood Canyons. (8) A preliminary environmental review of the proposed SkiLink corridor assessed the potential impact to special- status species, water quality and watershed resources, and visual resources and found that no federally listed species or critical habitat would be affected and that any water, plant, and wildlife issues could be addressed through mitigation. (9) Minimally invasive, environmentally sound construction techniques would be used to construct SkiLink, including the use of helicopters for concrete placement and tower installations. (10) The winter sport industry in Utah is a significant contributor to the economy of Utah, with the ski/snowboarding industry bringing $1.26 billion to Utah during the 2009/2010 ski season and resulting in 20,000 jobs. (11) Economic analysis of SkiLink shows it would infuse another $50,000,000 a year into Utah's economy and create 500 new jobs in the tourism and hospitality industries by creating the largest interconnected ski network in the United States and providing access to more than 6,000 acres of existing ski terrain. SEC. 3. CONVEYANCE OF NATIONAL FOREST SYSTEM LAND, UINTA-WASATCH-CACHE NATIONAL FOREST, SALT LAKE COUNTY, UTAH. (a) Conveyance Required; Purpose.--Subject to subsection (e), the Secretary of Agriculture shall convey, by sale, to Canyons-SkiLink, LLC, all right, title, and interest of the United States in and to a parcel of National Forest System land in the Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, consisting of approximately 30 acres, as identified on the map entitled ``Wasatch Range Recreation Access Enhancement Act'' and dated February 27, 2012, for the purpose of permitting Canyons-SkiLink, LLC, to construct a ski-lift, gondola, or tramway to serve as a public-access transportation interconnection of the Wasatch Front and the Wasatch Back Mountains. (b) Consideration.--As consideration for the conveyance of the National Forest System land under subsection (a), Canyons-SkiLink, LLC, shall pay to the Secretary an amount equal to at least the fair market value of the land as of the date of the enactment of this Act. Any funds received by the Secretary under this Act shall be deposited in the general fund of the Treasury to reduce the Federal deficit. (c) Determination of Fair Market Value.--The fair market value of the National Forest System land to be conveyed under subsection (a) shall be based on an appraisal acceptable to the Secretary. The appraisal shall be completed no later than 6 months after the date of the enactment of this Act. (d) Environmental Compliance.--The Secretary shall complete all actions that may be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other applicable laws in making the conveyance under this section.

Wasatch Range Recreation Access Enhancement Act - Directs the Secretary of Agriculture (USDA) to convey, by sale, a specified parcel of National Forest System land within the Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, to Canyons-SkiLink, LLC, to allow it to construct a ski-lift, gondola, or tramway to serve as a public-access transportation interconnection of the Wasatch Front and the Wasatch Back Mountains. Requires Canyons-SkiLink to pay to the Secretary an amount that is equal to at least the fair market value of such land. Requires the deposit of any funds received by the Secretary under this Act in the general Treasury fund to reduce the federal deficit. Requires the fair market value of the National Forest System land to be conveyed under this Act to be determined based on an appraisal that is acceptable to the Secretary. Instructs the Secretary to complete all actions that may be required under the National Environmental Policy Act of 1969 (NEPA), the Endangered Species Act of 1973, and all other applicable laws in making the conveyance under this Act.

To provide for the sale of approximately 30 acres of Federal land in Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, to permit the establishment of a minimally invasive transportation alternative for skiers, called "SkiLink", to connect two ski resorts in the Wasatch Mountains, and for other purposes.

That section 315(a) of the Communications Act of 1934 (47 U.S.C. 315) is amended to read as follows: ``(a) Allowance of Television Broadcast Time for certain Candidates; Censorship Prohibition.--Each licensee operating a television broadcasting station shall make available without charge to any legally qualified candidate in the general election for the office of United States Senator an amount of broadcast time, determined by the Commission under subsection (d), for use in his or her campaign for election, subject to the conditions and limitations of subsection (e). No licensee shall have power of censorship over the material broadcast under the provisions of this section. ``(b) Equal Opportunities Requirement; Censorship Prohibition; Allowance of Station Use.--Except in those circumstances to which subsection (a) applies, if any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he or she shall afford equal opportunities to all other such candidates for the office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is imposed under this subsection upon any licensee to allow the use of its station by any such candidate. ``(c) News Appearances Exception; Public Interest; Public Issues Discussion Opportunities.--Appearance by a legally qualified candidate on any-- ``(1) bona fide newscast; ``(2) bona fide news interview; ``(3) bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary); or ``(4) on-the-spot coverage of bona fide events (including but not limited to political conventions and activities incidental thereto); shall not be deemed to be use of a broadcasting station within the meaning of subsections (a) or (b). Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presentation of newscast, news interviews, new documentaries, and on- the-spot coverage of news events, from the obligation imposed upon them under this chapter to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views on issues of public importance. ``(d) Rules and Regulations Regarding Allowance of Television Broadcast Time for Certain Candidates.--The Commission shall, after consultation with the Federal Election Commission, determine the amount of television broadcast time that legally qualified major-party candidates for a Senate office may receive under subsection (a) on the basis of the amount of television broadcast time used by major-party candidates in the previous election for the United States Senate, provided that at a minimum such candidates be provided an amount of television broadcast time necessary to make a complete presentation of views to the electorate in the pending election. The amount of television broadcast time that each candidate is eligible to receive and the amount of such time that each licensee must make available to each eligible candidate by name shall be published prior to each Senate election in the Federal Register by the Commission on a date established by regulation. The broadcast time made available under subsection (a) shall be made available during the forty-five-day period preceding the general election for such office. The Commission shall ensure that the television broadcast time made available under subsection (a) shall be made available fairly and equitably, through licensees commonly used by candidates seeking the particular United States Senate office, and at hours of the day which reflect television viewing habits and contemporaneous campaign practices. A legally qualified candidate of a party other than a party which obtained 5 percent or more of the popular vote in the last presidential election shall, by regulation of the Commission, be granted an allocation of broadcast time in proportion to the amount of contributions under $250 such a candidate has received when compared to such contributions received by candidates of the major parties, provided that such proportion exceeds 5 percent. The Commission shall require licensees operating television broadcasting stations to enter into a pooling agreement to ameliorate any disproportionate financial impact on particular licensees. For purposes of this subsection, a major party is a party which obtained more than 5 percent of the popular vote in the previous presidential election. ``(e) Conditions and Limitations.--The entitlement of any legally qualified candidate to television broadcast time under subsection (a) is conditional upon (1) signing an agreement to forgo both the purchase of any additional amount of television broadcast time, and the acceptance of any additional amount of television broadcast time purchased by another, during the period that such time is made available with respect to such candidacy pursuant to subsection (a) and the Commission's regulations, and (2) filing a copy of such agreement with the Commission. ``(f) Penalties and Remedies.--Any candidate who purchases or accepts purchased television broadcast time in violation of such agreement shall be subject, upon conviction, to imprisonment of up to one year or a fine of up to $10,000, or both. Any licensee who sells television broadcast time to a candidate, who has filed an agreement, in excess of the time to be provided by such licensee to such candidate pursuant to subsection (a) and the Commission's regulations shall be subject to appropriate disciplinary action by the Commission, including (1) an order requiring the licensee to provide an equal amount of time to other candidates for the same office, or (2) an order revoking the licensee's license.''. Sec. 2. Section 315 of the Communications Act of 1934 is further amended as follows: (1) in subsection (b) by striking the phrase ``The charges'' and inserting in lieu thereof ``Except to the extent that the provisions of subsection (a) apply, the charges''; (2) by redesignating subsections (b), (c), and (d) as (f), (g), and (h) respectively; and (3) by adding ``generally'' after ``Rules and regulations'' in redesignated subsection (h). Sec. 3. Subsection (a)(7) of section 312 of the Communications Act of 1934, as amended, is amended to read as follows: ``(7) for willful or repeated failure to comply with the provisions of section 315 of this title.'' Sec. 4. Subsection (8) of section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431), as amended, relating to exclusions from the definition of contributions, is amended as follows: (1) at the end of paragraph (B)(xiii) by striking the semicolon; (2) at the end of paragraph (B)(xiv) by striking the period and inserting ``; and'' in lieu thereof; and (3) at the end of paragraph (B) by adding the following: ``(xv) the value of any television broadcast time provided without charge by a licensee pursuant to section 315(a) of the Communications Act of 1934, as amended.'' Sec. 5. Subsection (9) of section 301 of the Federal Election Campaign Act of 1971, as amended, relating to exclusions from the definition of expenditures, is amended as follows: (1) by inserting after paragraph (B)(i) the following: ``(ii) the provision without charge of any television broadcast time by a licensee pursuant to section 315(a) of the Communications Act of 1934, as amended;'' and (2) by redesignating subsequent subparagraphs accordingly. Sec. 6. The Federal Communications Commission shall study the application of section 315(a) of the Communications Act of 1934, as amended by this Act, to the first general election campaign conducted under the provisions of that section and shall report the results of that study, together with recommendations, including recommendations for legislation, not later than the first day of March following such general election. The study shall also evaluate the desirability and feasibility of extending the provisions of section 315(a) of the Communications Act of 1934 to primary and other election campaigns. Sec. 7. The Federal Communications Commission shall promulgate rules and regulations to implement this Act no later than one hundred and eighty days after the date of enactment of this Act. Sections 1 and 2 of this Act shall not take effect until the first day of July following the promulgation of such rules and regulations.

Amends the Communications Act of 1934 to require each licensee operating a television (TV) broadcasting station to make available without charge to any legally qualified candidate for the Senate an amount of broadcast time as determined by the Federal Communications Commission (FCC) during the 45-day period preceding such election. Directs the FCC to: (1) determine the amount of TV broadcast time that such candidates may receive on the basis of the amount of broadcast time used by major party candidates in the previous Senate election, provided that at a minimum such candidates be provided sufficient time to make a complete presentation of views; and (2) ensure that such TV broadcast time be made available fairly and equitably and at hours of the day which reflect TV viewing habits and contemporaneous campaign practices. Requires that a legally qualified candidate of a party other than a party which obtained five percent or more of the popular vote in the last presidential election be granted an allocation of broadcast time in proportion to the amount of contributions under $250 such candidate has received when compared to such contributions received by candidates of the major parties, provided such proportion exceeds five percent. Directs the FCC to require licensees operating TV broadcasting stations to enter into a pooling agreement to ameliorate any disproportionate financial impact on particular licensees. Conditions the entitlement to TV broadcast time under this Act upon the candidate's: (1) signing an agreement to forego both the purchase of any additional amount of broadcast time and any additional time purchased by another candidate during the period that such time is made available; and (2) filing a copy of such agreement with the FCC. Sets forth penalties for any candidate who purchases or accepts purchased TV broadcast time in violation of such agreement. Subjects licensees to appropriate disciplinary action by the FCC. Amends the Federal Election Campaign Act of 1971 to exclude from the definitions of "contributions" and "expenditures" the value of TV broadcast time provided without charge by a licensee pursuant to the Communications Act of 1934. Directs the FCC to study the provision of free TV broadcast time to Senate candidates and evaluate the feasibility of extending such provision to primary and other election campaigns.

A bill to provide television broadcast time without charge to Senate candidates, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Service Center Act''. SEC. 2. DEMONSTRATION PROJECTS TO COORDINATE THE ADMINISTRATION OF SERVICES TO NEEDY FAMILIES WITH CHILDREN. (a) In General.--In order to coordinate the administration of programs that provide services to needy families with children, the Secretary of Health and Human Services (in this section referred to as ``the Secretary'') may authorize States to conduct demonstration projects in accordance with this section. (b) Description of Project.--Each State desiring to conduct a demonstration project under this section may submit to the Secretary an application that contains a description of the measures to be employed to coordinate the administration of-- (1) programs for needy families with children that are administered by the Secretary; and (2) programs administered by the State, which offer services for children, youth, or needy families with children, that the State considers appropriate to include in the demonstration project. (c) Projects Aimed at a Diversity of Clients.--The Secretary shall ensure that, as a group, the demonstration projects authorized to be conducted under this section serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. (d) Project Requirements.--Each State authorized to conduct a demonstration project under this section shall-- (1) ensure that the project provides-- (A) each client with a single place and organization providing access to, and information and counseling about, services for needy families with children; (B) access points in clients' neighborhoods for communication with service providers regarding their applications and benefits through electronic data processing and communications technology; and (C) approaches to integrating the administration of services that are linguistically and culturally appropriate to the clientele of the project; and (2) conduct the project in accordance with such other requirements as the Secretary may prescribe. (e) Grants; Duration of Projects.-- (1) In general.--The Secretary shall make grants to each State whose application to conduct a demonstration project under this subsection is approved by the Secretary, to assist the State in carrying out the project for a period of not more than 3 years. (2) Renewal.--The Secretary may extend for not more than 3 additional years the authority to conduct any demonstration project under this section, upon approval by the Secretary based on the effectiveness of the project in achieving the objectives of this section. (3) Timing of grant payments.--The Secretary may pay grants under this section in advance or in installments, as the Secretary determines appropriate. (f) State Evaluation of Project.-- (1) In general.--Each State that conducts a demonstration project under this section shall, as a part of the project-- (A) conduct an evaluation of the effectiveness and outcomes of the project in improving the coordination and delivery, and in reducing the administrative costs, of services to needy families with children; and (B) cooperate with the Secretary in the conduct of national evaluations of the effectiveness and cost savings of all such demonstration projects. (2) Report.-- (A) In general.--Each State authorized to conduct a demonstration project under this section shall submit to the Secretary a report on the results of the evaluation described in paragraph (1). (B) Timing.--The report required by subparagraph (A) with respect to a demonstration project shall be submitted within 6 months after the earlier of-- (i) the completion of the project; or (ii) the end of the 3-year period that begins with the commencement of the project. (g) State Report on Impediments to Delivery of Services, and on Measures Taken To Eliminate or Reduce Such Impediments.--Each State authorized to conduct a demonstration project under this section shall submit to the Secretary at such time as the Secretary may prescribe a report that describes-- (1) the administrative policies and laws of the Federal Government and of the State or of a political subdivision of the State, that the State has identified as impediments to the coordination of the delivery of services to needy families with children; and (2) the measures that the State has taken or intends to take to eliminate or reduce the impediments described in paragraph (1) that are attributable to administrative policies and laws of the State or of a political subdivision of the State. (h) Federal Evaluations.-- (1) In general.--The Secretary shall conduct evaluations of the implementation and outcomes of the demonstration projects authorized under this section. (2) Reports.--Not later than 3 years after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to the Congress a report the results of the evaluations conducted under paragraph (1) that includes the recommendations of the Secretary as to any statutory changes that would improve integration of services provided through programs included in the demonstration projects conducted under this section. (3) Funding.--The Secretary may reserve up to 5 percent of the amounts appropriated for grants under this section for the purpose of conducting and reporting on evaluations of the demonstration projects authorized under this section. (i) No Waiver Authority.--This section shall not be construed to authorize the Secretary or appropriate agency head to waive or modify any requirement of any program described in subsection (b). (j) State Defined.--As used in this section, the term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

Family Service Center Act - Authorizes the Secretary of Health and Human Services to authorize States to conduct demonstration projects to coordinate the administration of services to needy families with children, including: (1) programs for needy families with children that are administered by the Secretary; and (2) State programs offering services for children, youth, or needy families with children. Requires the Secretary to ensure that, as a group, such demonstration projects serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. Specifies other program requirements. Requires the Secretary to make three-year grants (renewable for another three years) to States to carry out such a project. Requires each State conducting a demonstration project to report to the Secretary on: (1) Federal, State, and local administrative policies and laws identified as impediments to the coordination of the delivery of services to needy families with children; and (2) measures the State has taken or intends to take to eliminate or reduce such impediments.

Family Service Center Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Assurance Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Increasingly, children are raised in families with only 1 parent present, usually the mother, and these single-parent families are 5 times as likely to be poor as 2-parent families. (2) The failure of noncustodial parents to pay their fair share of child support is a significant contributor to poverty among single-parent families. (3) In 1990, there was a $33,700,000,000 gap between the amount of child support that was received and the amount that could have been collected. (4) In 1991, the aggregate child support income deficit was $5,800,000,000. (5) As of spring 1992, only 54 percent, or 6,200,000, of custodial parents received awards of child support. Of the 6,200,000 custodial parents awarded child support, 5,300,000 were supposed to receive child support payments in 1991. Approximately \1/2\ of the parents due child support received full payment; the remaining \1/2\ were divided equally between those receiving partial payment (24 percent) and those receiving nothing (25 percent). (6) Custodial parents who are poor are much more likely to receive no child support. Of the 3,700,000 custodial parents who were poor in 1991, over \3/4\ received no child support. Only 34 percent of poor custodial parents had child support awards and were supposed to receive child support payments in 1991. Of those parents, only 40 percent received full payment, 29 percent received partial payment, and 32 percent received nothing. (7) The percentage of poor women who were awarded child support in 1991, 39 percent, was significantly lower than the 65 percent award rate for nonpoor women. (8) Families fare better with child support than without that support. In 1991, 43 percent of custodial parents who did not have child support orders were poor. (9) In 1991, the average total money income of custodial parents receiving child support due was 21 percent higher than that received by parents who did not receive child support due and was 45 percent higher than that received by custodial parents with no child support award at all. (b) Purposes.--The purposes of this Act are to enable participating States to establish child support assurance systems in order to improve the economic circumstances of children who do not receive a minimum level of child support in a given month from the noncustodial parents of such children, to strengthen the establishment and enforcement of child support awards, and to promote work by custodial and noncustodial parents. SEC. 3. DEFINITIONS. In this Act: (1) Child.--The term ``child'' means an individual who is of such an age, disability, or educational status as to be eligible for child support as provided for by law. (2) Eligible child.--The term ``eligible child'' means a child-- (A) who is not currently receiving cash assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); (B) who meets the eligibility requirements established by the State for participation in a project administered under this section; and (C) who is the subject of a support order, as defined in section 453(p) of the Social Security Act (42 U.S.C. 653(p)), or for which good cause exists, as determined by the appropriate State agency under section 454(29)(A) of such Act (42 U.S.C. 654(29)(A)), for not having or pursuing a support order. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. ESTABLISHMENT OF CHILD SUPPORT ASSURANCE DEMONSTRATION PROJECTS. (a) Demonstrations Authorized.--The Secretary shall make grants to not less than 3 and not more than 5 States to conduct demonstration projects for the purpose of establishing or improving a system of an assured minimum child support payment to an eligible child in accordance with this section. (b) Application and Selection.-- (1) Application requirements.--An application for a grant under this section shall be submitted by the Chief Executive Officer of a State and shall-- (A) contain a description of the proposed child support assurance project to be established, implemented, or improved using amounts provided under this section, including the level of the assured minimum child support payment to be provided and the agencies that will be involved; (B) specify whether the project will be carried out throughout the State or in limited areas of the State; (C) specify the level of income, if any, at which a recipient or applicant will be ineligible for an assured minimum child support payment under the project; (D) estimate the number of children who will be eligible for assured minimum child support payments under the project; (E) contain a description of the work requirements, if any, for noncustodial parents whose children are participating in the project; (F) contain a commitment by the State to carry out the project during a period of not less than 3 and not more than 5 consecutive fiscal years beginning with fiscal year 1998; and (G) contain such other information as the Secretary may require by regulation. (2) Selection criteria.--The Secretary shall consider geographic diversity in the selection of States to conduct a demonstration project under this section, and any other criteria that the Secretary determines will contribute to the achievement of the purposes of this Act. (c) Use of Funds.--A State shall use amounts provided under a grant awarded under this section to carry out a child support assurance project that is designed to provide a minimum monthly child support payment for each eligible child participating in the project to the extent that such minimum child support is not paid in a month by the noncustodial parent. (d) Treatment of Child Support Payment.--Any assured minimum child support payment received by an individual under this Act shall be considered child support for purposes of determining the treatment of such payment under-- (1) the Internal Revenue Code of 1986; and (2) any eligibility requirements for any means-tested program of assistance. (e) Duration.--A demonstration project conducted under this section shall commence on October 1, 1997, and shall be conducted for not less than 3 and not more than 5 consecutive fiscal years, except that the Secretary may terminate a project before the end of such period if the Secretary determines that the State conducting the project is not in compliance with the terms of the application approved by the Secretary under this section. (f) Evaluations and Reports.-- (1) State evaluations.-- (A) In general.--Each State administering a demonstration project under this section shall-- (i) provide for evaluation of the project, meeting such conditions and standards as the Secretary may require; and (ii) submit to the Secretary reports, at the times and in the formats as the Secretary may require, and containing any information (in addition to the information required under subparagraph (B)) as the Secretary may require. (B) Required information.--A report submitted under subparagraph (A)(ii) shall include information on and analysis of the effect of the project with respect to-- (i) the amount of child support collected for project recipients; (ii) the economic circumstances and work efforts of custodial parents; (iii) the work efforts of noncustodial parents; (iv) the rate of compliance by noncustodial parents with support orders; (v) project recipients' need for assistance under means-tested assistance programs other than the project administered under this section; and (vi) any other matters that the Secretary may specify. (C) Methodology.--Information required under this paragraph shall be collected through the use of scientifically acceptable sampling methods. (2) Reports to congress.--The Secretary shall, on the basis of reports received from States administering projects under this section, submit interim reports, and, not later than 6 months after the conclusion of all projects administered under this section, a final report to Congress. A report submitted under this paragraph shall contain an assessment of the effectiveness of the State projects administered under this section and any recommendations for legislative action that the Secretary considers appropriate. (g) Funding Limits; Pro Rata Reductions of State Matching.-- (1) Funds available.--There shall be available to the Secretary, from amounts made available to carry out part D of title IV of the Social Security Act, for purposes of carrying out demonstration projects under this section, amounts not to exceed-- (A) $27,000,000 for fiscal year 1998; (B) $55,000,000 for fiscal year 1999; and (C) $70,000,000 for each of fiscal years 2000 through 2003. (2) Pro rata reductions.--The Secretary shall make pro rata reductions in the amounts otherwise payable to States under this section as necessary to comply with the funding limitation specified in paragraph (1). SEC. 5. MANDATORY REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS FOR TANF RECIPIENTS. Section 466(a)(10) of the Social Security Act (42 U.S.C. 666(a)(10)) is amended-- (1) in subparagraph (A)(i), by striking ``or, if there is an assignment under part A, upon the request of the State agency under the State plan or of either parent,''; and (2) by adding at the end the following: ``(D) Mandatory 3-year review for part a assignments.--Procedures under which the State shall conduct the review under subparagraph (A) and make any appropriate adjustments under such subparagraph not less than every 3 years in the case of an assignment under part A.''.

Child Support Assurance Act of 1997 - Directs the Secretary of Health and Human Services to award grants to between three and five States for demonstration projects to implement or improve a system of assured minimum child support payments. Sets forth program requirements. Requires the Secretary to report to the Congress on the effectiveness of such projects. Amends the Social Security Act to mandate State-prescribed procedures for the triennial review and adjustment of child support orders.

Child Support Assurance Act of 1997