FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energizing America through Employment Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On April 30, 2004, President George W. Bush issued Executive Order 13337 (3 U.S.C. 301 note), delegating to the Department of State authority to oversee the permitting process of cross-border pipeline projects in an effort ``to expedite reviews of permits as necessary to accelerate the completion of energy production and transmission projects''. (2) On September 19, 2008, the Department of State received an application for the Keystone XL pipeline. (3) On August 26, 2011, the Department of State issued a final environmental impact statement stating that the Keystone XL pipeline project posed ``no significant [environmental] impact''. (4) Three years and four months after the Keystone XL application was submitted, due to objections to an imposed timeline, the Department of State failed to uphold section 1(g) of Executive Order 13337 requiring the Secretary of State to make a national interest determination based on the ``views and assistance obtained'' previously in relation to the merits of the permit requested by the applicant. (5) Congress has the constitutional authority to regulate commerce with foreign nations, and among the several States, and with the Indian Tribes. (6) The construction of the Keystone XL pipeline will result in job creation, increased energy security, ancillary benefits, and multiplier effects for the economy of the United States. (7) The earliest possible completion of the Keystone XL pipeline project serves the national interest of the United States. SEC. 3. APPROVAL OF KEYSTONE XL PIPELINE PROJECT. (a) Approval of Cross-Border Facilities.-- (1) In general.--In accordance with section 8 of article 1 of the Constitution (delegating to Congress the power to regulate commerce with foreign nations), TransCanada Keystone Pipeline, L.P. is authorized to construct, connect, operate, and maintain pipeline facilities, subject to subsection (c), for the import of crude oil and other hydrocarbons at the United States-Canada Border at Phillips County, Montana, in accordance with the application filed with the Department of State on September 19, 2008 (as supplemented and amended). (2) Permit.--Notwithstanding any other provision of law, no permit pursuant to Executive Order 13337 (3 U.S.C. 301 note) or any other similar Executive Order regulating construction, connection, operation, or maintenance of facilities at the borders of the United States, and no additional environmental impact statement, shall be required for TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain the facilities described in paragraph (1). (b) Construction and Operation of Keystone XL Pipeline in United States.-- (1) In general.--The final environmental impact statement issued by the Department of State on August 26, 2011, shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other provision of law that requires Federal agency consultation or review with respect to the cross-border facilities described in subsection (a)(1) and the related facilities in the United States described in the application filed with the Department of State on September 19, 2008 (as supplemented and amended). (2) Permits.--Any Federal permit or authorization issued before the date of enactment of this Act for the cross-border facilities described in subsection (a)(1), and the related facilities in the United States described in the application filed with the Department of State on September 19, 2008 (as supplemented and amended), shall remain in effect. (c) Conditions.--In constructing, connecting, operating, and maintaining the cross-border facilities described in subsection (a)(1) and related facilities in the United States described in the application filed with the Department of State on September 19, 2008 (as supplemented and amended), TransCanada Keystone Pipeline, L.P. shall comply with the following conditions: (1) TransCanada Keystone Pipeline, L.P. shall comply with all applicable Federal and State laws (including regulations) and all applicable industrial codes regarding the construction, connection, operation, and maintenance of the facilities. (2) Except as provided in subsection (a)(2), TransCanada Keystone Pipeline, L.P. shall comply with all requisite permits from Canadian authorities and applicable Federal, State, and local government agencies in the United States. (3) TransCanada Keystone Pipeline, L.P. shall take all appropriate measures to prevent or mitigate any adverse environmental impact or disruption of historic properties in connection with the construction, connection, operation, and maintenance of the facilities. (4) The construction, connection, operation, and maintenance of the facilities shall be-- (A) in all material respects, similar to that described in-- (i) the application filed with the Department of State on September 19, 2008 (as supplemented and amended); and (ii) the final environmental impact statement described in subsection (b)(1); and (B) carried out in accordance with-- (i) the construction, mitigation, and reclamation measures agreed to for the project in the construction mitigation and reclamation plan contained in appendix B of the final environmental impact statement described in subsection (b)(1); (ii) the special conditions agreed to between the owners and operators of the project and the Administrator of the Pipeline and Hazardous Materials Safety Administration of the Department of Transportation, as contained in appendix U of the final environmental impact statement; (iii) the measures identified in appendix H of the final environmental impact statement, if the modified route submitted by the State of Nebraska to the Secretary of State crosses the Sand Hills region; and (iv) the stipulations identified in appendix S of the final environmental impact statement. (d) Route in Nebraska.-- (1) In general.--Any route and construction, mitigation, and reclamation measures for the project in the State of Nebraska that is identified by the State of Nebraska and submitted to the Secretary of State under this section is considered sufficient for the purposes of this section. (2) Prohibition.--Construction of the facilities in the United States described in the application filed with the Department of State on September 19, 2008 (as supplemented and amended), shall not commence in the State of Nebraska until the date on which the Secretary of State receives a route for the project in the State of Nebraska that is identified by the State of Nebraska. (3) Receipt.--On the date of receipt of the route described in paragraph (1) by the Secretary of State, the route for the project within the State of Nebraska under this section shall supersede the route for the project in the State specified in the application filed with the Department of State on September 19, 2008 (including supplements and amendments). (4) Cooperation.--Not later than 30 days after the date on which the State of Nebraska submits a request to the Secretary of State or any appropriate Federal official, the Secretary of State or Federal official shall provide assistance that is consistent with the law of the State of Nebraska. (e) Administration.-- (1) In general.--Any action taken to carry out this section (including the modification of any route under subsection (d)) shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) State siting authority.--Nothing in this section alters any provision of State law relating to the siting of pipelines. (3) Private property.--Nothing in this section alters any Federal, State, or local process or condition in effect on the date of enactment of this Act that is necessary to secure access from an owner of private property to construct the project. (f) Federal Judicial Review.--The cross-border facilities described in subsection (a)(1), and the related facilities in the United States described in the application filed with the Department of State on September 19, 2008 (as supplemented and amended), that are approved by this section, and any permit, right-of-way, or other action taken to construct or complete the project pursuant to Federal law, shall only be subject to judicial review on direct appeal to the United States Court of Appeals for the District of Columbia Circuit. SEC. 4. REFERRAL OF APPLICATIONS FOR FUTURE CROSS-BORDER PIPELINE FACILITIES AT THE UNITED STATES BORDERS. (a) Referral of Application.--For purposes of making a national interest determination under Executive Order 13337 (3 U.S.C. 301 note) (or any successor Executive Order) with respect to any application filed with the Department of State on or after the date of enactment of this Act to construct, connect, operate, and maintain pipeline facilities at the borders of the United States for the import of crude oil and other hydrocarbons, the Secretary of State shall, in addition to referring the application to the departments and agencies described in section 1(b)(ii) of Executive Order 13337 (or any successor Executive Order), also refer the application and pertinent information to the committees of Congress specified in subsection (b) for purposes of requesting the views of such committees of Congress. (b) Committees of Congress.--The committees of Congress referred to in subsection (a) are-- (1) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.

Energizing America through Employment Act - Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain pipeline facilities for the import of crude oil and other hydrocarbons at the United States-Canada Border at Phillips County, Montana, in accordance with a certain application filed with the Department of State on September 19, 2008. Declares that no permit pursuant to Executive Order 13337 or any other similar Executive Order regulating such activities at the U.S. border, and no additional environmental impact statement (EIS), shall be required for such Pipeline. Deems a certain EIS issued by the Department of State to satisfy all requirements of the National Environmental Policy Act of 1969 (NEPA) as well as any other law requiring federal agency consultation or review regarding such cross-border facilities. Sets forth conditions governing construction, connection, operation, and maintenance of the cross-border facilities in connection with the Pipeline. Deems sufficient for the purposes of this Act any route and construction, mitigation, and reclamation measures for the Pipeline in the state of Nebraska that is identified by Nebraska and submitted to the Secretary of State. States that any action taken to implement this Act does not constitute a major federal action requiring an EIS under NEPA. Restricts to the U.S. Court of Appeals for the District of Columbia Circuit any federal judicial review over actions and facilities implemented under this Act. Instructs the Secretary of State, for purposes of making a national interest determination under Executive Order 13337 (or any successor Executive Order) regarding a pipeline application, to solicit the views of specified congressional committees regarding such application and pertinent information.

To approve the Keystone XL pipeline project, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil War Sesquicentennial Commission Act of 2002''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The American Civil War was a defining experience in the development of the United States. (2) The people of the United States continue to struggle with issues of race, civil rights, the politics of federalism, and heritage which are legacies of the Civil War and Reconstruction. (3) There is a resurgence of interest in the Civil War, that is evidenced by the multitude of publications, exhibits, reenactments, research organizations, Internet and multimedia resources, historic parks, and preservation associations focused on the Civil War. (4) The years 2011 through 2015 mark the sesquicentennial of the Civil War. (5) The sesquicentennial of the Civil War presents a significant opportunity for Americans to recall and reflect upon the Civil War and its legacy in a spirit of reconciliation and reflection. (6) The United States Civil War Center at Louisiana State University, Louisiana and the Civil War Institute at Gettysburg College, Pennsylvania have been designated by the Federal government to plan and facilitate the commemoration of the sesquicentennial of the Civil War. (b) Purpose.--The purpose of this Act is to establish a Civil War Sesquicentennial Commemoration Commission to-- (1) ensure a suitable national observance of the sesquicentennial of the Civil War; (2) cooperate with and assist States and national organizations with programs and activities for the observance of the sesquicentennial of the Civil War; (3) assist in ensuring that any observance of the sesquicentennial of the Civil War is inclusive and appropriately recognizes the experiences and points of view of all people affected by the Civil War; and (4) provide assistance for the development of programs, projects, and activities on the Civil War that have lasting educational value. SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION. There is established a commission to be known as the Civil War Sesquicentennial Commemoration Commission (hereafter in this Act referred to as the ``Commission''). SEC. 4. COMPOSITION OF THE COMMISSION. (a) In General.--The Commission shall be composed of 26 members as follows: (1) Government members.--The Commission shall include-- (A) 2 Members of the House of Representatives appointed by the Speaker of the House of Representatives; (B) 2 Members of the Senate appointed by the President pro tempore of the Senate, in consultation with the Majority Leader and the Minority Leader of the Senate; (C) the Secretary of the Smithsonian Institution, or the designee of the Secretary; (D) the Secretary of the Department of Education, or the designee of the Secretary; (E) the Chairman of the National Endowment for the Humanities, or the designee of the Chairman; (F) the Archivist of the United States, or the designee of the Archivist; (G) the Librarian of Congress, or the designee of the Librarian; and (H) the Director of the National Park Service, or the designee of the Director. (2) Private members.--The Commission shall include-- (A) an individual appointed by the President after consultation with the Director of the United States Civil War Center at Louisiana State University, Louisiana; (B) an individual appointed by the President after consultation with the Director of the Civil War Institute at Gettysburg College, Pennsylvania; (C) 5 members appointed by the President from among individuals who are representatives of the corporate community; and (D) 9 individuals, appointed by the President, from among persons who by reason of education, training, and experience, are experts on the Antebellum, Civil War, and Reconstruction eras, including-- (i) 6 individuals with expertise in history; (ii) 1 individual with specific expertise in art history, historic preservation, or a related field; (iii) 1 individual with expertise in anthropology, cultural geography, sociology, or a related field; and (iv) 1 individual with expertise in political science, law, economics, or a related field. (b) Terms.--Members shall be appointed for the life of the Commission. (c) Vacancies.--Any vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment. (d) Initial Appointments.--The appointment of the members of the Commission shall be made not later than 60 days after the date of the enactment of this Act. SEC. 5. GENERAL PROVISIONS. (a) Meetings.-- (1) Initial meeting.--Not later than 60 days after the date on which all members of the Commission have been appointed, the members appointed under subparagraphs (A) and (B) of section 4(a)(2) shall call the first meeting of the Commission. (2) Subsequent meetings.--The Commission shall hold subsequent meetings at the call of the chairperson. (b) Chairperson and Vice Chairperson.--At the initial meeting, the Commission shall elect a Chairperson and Vice Chairperson from among its voting members. (c) Quorum.--A majority of voting members shall constitute a quorum, but a lesser number may hold meetings. (d) Voting.-- (1) In general.--The Commission shall act only on an affirmative vote of a majority of the voting members of the Commission. (2) Nonvoting members.--The individuals appointed under subparagraphs (A) and (B) of section 4(a)(1) shall be nonvoting members, and shall serve only in an advisory capacity. SEC. 6. DUTIES OF THE COMMISSION. (a) Activities Related to the Sesquicentennial.--The Commission shall-- (1) plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War; (2) encourage interdisciplinary examination of the Civil War; (3) facilitate Civil War-related activities throughout the United States; (4) encourage civic, historical, educational, economic, and other organizations throughout the United States to organize and participate in activities to expand the understanding and appreciation of the significance of the Civil War; (5) coordinate and facilitate the public distribution of scholarly research, publications, and interpretations of the Civil War; (6) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration of the sesquicentennial of the Civil War; (7) develop programs and facilities to ensure that the sesquicentennial commemoration of the Civil War results in a positive legacy and long-term public benefit; (8) administer the grant program under section 7; and (9) encourage the development and conduct of programs designed to involve the international community in activities that commemorate the Civil War. (b) Plans and Report.-- (1) Plans.--The Commission shall prepare a strategic plan in accordance with section 306 of title 5, United States Code, and the annual plan and report required by sections 1115 and 1116, respectively, of title 31, United States Code. (2) Report.--Not later than December 30, 2015, the Commission shall submit to Congress a final report that contains-- (A) a summary of activities of the Commission; (B) a final accounting of funds received and expended by the Commission; and (C) the findings and recommendations of the Commission. SEC. 7. GRANT PROGRAM. (a) Grants Authorized.--The Commission shall award a grant in each of the fiscal years 2003 through 2015 to each of the following: (1) The United States Civil War Center at Louisiana State University, Louisiana. (2) The Civil War Institute at Gettysburg College, Pennsylvania. (b) Limitations.--The amount of any grant under subsection (a) in any fiscal year may not exceed $100,000, nor may the amount of such grant be less than $80,000. (c) Use of Funds.--Amounts awarded under subsection (a) shall be used for appropriate activities relating to the sesquicentennial of the Civil War. SEC. 8. POWERS OF THE COMMISSION. (a) In General.--The Commission may-- (1) solicit, accept, use, and dispose of gifts or donations of services or property, and acknowledge publicly the sources of such gifts and donations; (2) appoint any advisory committee as the Commission considers appropriate for the purposes of this Act; (3) authorize any voting member or employee of the Commission to take any action that the Commission is authorized to take under this Act; and (4) procure supplies and services to carry out this Act. (b) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 9. PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission, and members of any advisory committee appointed under section 8(a)(2), shall serve without compensation. (b) Travel Expenses.--Members of the Commission, and members of any advisory committees appointed under section 8(a)(2), shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to civil service laws and regulations, appoint and terminate an executive director and other additional personnel as may be necessary to enable the Commission to perform its duties. (2) Confirmation of the executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and any detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at daily rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 10. TERMINATION. The Commission shall terminate on the date that is 90 days after the date on which the Commission submits its report under section 6(b)(2). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $500,000 for each of the fiscal years 2003 through 2015. (b) Availability.--Amounts authorized to be appropriated by subsection (a) shall remain available until expended. Any unexpended balance of appropriations available pursuant to the authorization of appropriations in subsection (a) as of December 30, 2015 are canceled effective December 30 2020.

Civil War Sesquicentennial Commission Act of 2002 - Establishes a Civil War Sesquicentennial Commission to plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War.Requires the Commission to award a grant in each of FY 2003 through 2015 to: (1) the U.S. Civil War Center at Louisiana State University, Louisiana; and (2) the Civil War Institute at Gettysburg College, Pennsylvania.

A bill to establish a commission to commemorate the sesquicentennial of the American Civil War, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Palestinian and United Nations Anti- Terrorism Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On April 23, 2014, representatives of the Palestinian Liberation Organization and Hamas, a designated terrorist organization, signed an agreement to form a government of national consensus. (2) On June 2, 2014, Palestinian President Mahmoud Abbas announced a unity government as a result of the April 23, 2014, agreement. (3) United States law requires that any Palestinian government that ``includes Hamas as a member'', or over which Hamas exercises ``undue influence'', only receive United States assistance if certain certifications are made to Congress. (4) The President has taken the position that the current Palestinian government does not include members of Hamas or is influenced by Hamas and has thus not made the certifications required under current law. (5) The leadership of the Palestinian Authority has failed to completely denounce and distance itself from Hamas' campaign of terrorism against Israel. (6) President Abbas has refused to dissolve the power- sharing agreement with Hamas even as more than 2,300 rockets have targeted Israel since July 2, 2014. (7) President Abbas and other Palestinian Authority officials have failed to condemn Hamas' extensive use of the Palestinian people as human shields. (8) The Israeli Defense Forces have gone to unprecedented lengths for a modern military to limit civilian casualties. (9) On July 23, 2014, the United Nations Human Rights Council adopted a one-sided resolution criticizing Israel's ongoing military operations in Gaza. (10) The United Nations Human Rights Council has a long history of taking anti-Israel actions while ignoring the widespread and egregious human rights violations of many other countries, including some of its own members. (11) On July 16, 2014, officials of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) discovered 20 rockets in one of the organization's schools in Gaza, before returning the weapons to local Palestinian officials rather than dismantling them. (12) On multiple occasions during the conflict in Gaza, Hamas has used the facilities and the areas surrounding UNRWA locations to store weapons, harbor their fighters, and conduct attacks. SEC. 3. DECLARATION OF POLICY. It shall be the policy of the United States-- (1) to deny United States assistance to any entity or international organization that harbors or collaborates with Hamas, a designated terrorist organization, until Hamas agrees to recognize Israel, renounces violence, disarms, and accepts prior Israeli-Palestinian agreements; (2) to seek a negotiated settlement of this conflict only under the condition that Hamas and any United States-designated terrorist groups are required to entirely disarm; and (3) to continue to provide security assistance to the Government of Israel to assist its efforts to defend its territory and people from rockets, missiles, and other threats. SEC. 4. RESTRICTIONS ON AID TO THE PALESTINIAN AUTHORITY. For purposes of section 620K of the Foreign Assistance Act of 1961 (22 U.S.C. 2378b), any power-sharing government, including the current government, formed in connection with the agreement signed on April 23, 2014, between the Palestinian Liberation Organization and Hamas is considered a ``Hamas-controlled Palestinian Authority''. SEC. 5. REFORM OF UNITED NATIONS HUMAN RIGHTS COUNCIL. (a) In General.--Until the Secretary of State submits to the appropriate congressional committees a certification that the requirements described in subsection (b) have been satisfied-- (1) the United States contribution to the regular budget of the United Nations shall be reduced by an amount equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Human Rights Council or any of its Special Procedures; (2) the Secretary shall not make a voluntary contribution to the United Nations Human Rights Council; and (3) the United States shall not run for a seat on the United Nations Human Rights Council. (b) Certification.--The annual certification referred to in subsection (a) is a certification made by the Secretary of State to Congress that the United Nations Human Rights Council's agenda does not include a permanent item related to the State of Israel or the Palestinian territories. (c) Reversion of Funds.--Funds appropriated and available for a United States contribution to the United Nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the United States Treasury and the United States Government shall not consider them arrears to be repaid to any United Nations entity. SEC. 6. UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS RELIEF AND WORKS AGENCY FOR PALESTINE REFUGEES IN THE NEAR EAST (UNRWA). Section 301(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2221(c)) is amended to read as follows: ``(c) Palestine Refugees; Considerations and Conditions for Furnishing Assistance.-- ``(1) In general.--No contributions by the United States to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) for programs in the West Bank and Gaza, a successor entity or any related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity for programs in the West Bank and Gaza, may be provided until the Secretary certifies to the appropriate congressional committees that-- ``(A) no official, employee, consultant, contractor, subcontractor, representative, or affiliate of UNRWA-- ``(i) is a member of Hamas or any United States-designated terrorist group; or ``(ii) has propagated, disseminated, or incited anti-Israel, or anti-Semitic rhetoric or propaganda; ``(B) no UNRWA school, hospital, clinic, other facility, or other infrastructure or resource is being used by Hamas or an affiliated group for operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials, or any other purposes; ``(C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm and has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by Hamas or any United States-designated terrorist group, or their members; and ``(D) no recipient of UNRWA funds or loans is a member of Hamas or any United States-designated terrorist group. ``(2) Appropriate congressional committees defined.--In this subsection, the term `appropriate congressional committees' means-- ``(A) the Committees on Foreign Relations, Appropriations, and Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committees on Foreign Affairs, Appropriations, and Oversight and Government Reform of the House of Representatives.''. SEC. 7. ISRAELI SECURITY ASSISTANCE. The equivalent amount of all United States contributions withheld from the Palestinian Authority, the United Nations Human Rights Council, and the United Nations Relief and Works Agency for Palestine Refugees in the Near East under this Act is authorized to be provided to-- (1) the Government of Israel for the Iron Dome missile defense system and other missile defense programs; and (2) underground warfare training and technology and assistance to identify and deter tunneling from Palestinian- controlled territories into Israel.

Palestinian and United Nations Anti-Terrorism Act of 2014 - States that it shall be U.S. policy to: (1) deny U.S. assistance to any entity or international organization that collaborates with Hamas until Hamas agrees to recognize Israel, renounces violence, disarms, and accepts prior Israeli-Palestinian agreements; (2) seek a negotiated settlement only if Hamas and any U.S.-designated terrorist groups are required to disarm entirely; and (3) provide security assistance to Israel. Considers any power-sharing government, including the current government, formed in connection with the April 23, 2014, agreement between the Palestinian Liberation Organization (PLO) and Hamas to be a "Hamas-controlled Palestinian Authority (PA)" and thus subject to specified restrictions under the Foreign Assistance Act of 1961. States that until the Secretary of State certifies to Congress that the United Nations Human Rights Council (UNHRC)'s agenda does not include a permanent item related to Israel or the Palestinian territories: (1) the U.S. contribution to the regular budget of the United Nations (U.N.) shall be reduced by a specified amount, (2) the Secretary shall not make a voluntary contribution to UNHRC, and (3) the United States shall not run for an UNHRC seat. Amends the Foreign Assistance Act of 1961 to prohibit U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) for programs in the West Bank and Gaza until the Secretary certifies to Congress that: no official, employee, consultant, or affiliate of UNRWA is a member of Hamas or any U.S.-designated terrorist group, or has propagated or incited anti-Israel or anti-Semitic rhetoric; no UNRWA facility or resource is being used by Hamas or an affiliated group for any purpose; UNRWA is subject to audits by an internationally recognized third party auditing firm and has implemented an oversight system to prevent the use of UNRWA resources by Hamas or any U.S.-designated terrorist group; and no recipient of UNRWA funds or loans is a member of Hamas or any U.S.-designated terrorist group. Authorizes the equivalent amount of all U.S. contributions withheld from the PA, UNHRC, and UNRWA under this Act to be provided to Israel for Iron Dome and other missile defense systems and for underground warfare training and technology.

Palestinian and United Nations Anti-Terrorism Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Dream Downpayment Act''. SEC. 2. DOWNPAYMENT ASSISTANCE INITIATIVE UNDER HOME PROGRAM. (a) Downpayment Assistance Initiative.--Subtitle E of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12821) is amended to read as follows: ``Subtitle E--Other Assistance ``SEC. 271. DOWNPAYMENT ASSISTANCE INITIATIVE. ``(a) Grant Authority.--The Secretary may make grants to participating jurisdictions to assist low-income families to achieve homeownership, in accordance with this section. ``(b) Eligible Activities.-- ``(1) In general.--Amounts made available under this section may be used only for downpayment assistance toward the purchase of single family housing by eligible families. For purposes of this title, the term `downpayment assistance' means assistance to help a family acquire a principal residence. ``(2) Eligible families.--For purposes of this section, the term `eligible family' means a family who-- ``(A) is a low-income family and a first-time homebuyer; or ``(B) notwithstanding the income limitation under section 215(b)(2)-- ``(i) includes a uniformed employee (which shall include policemen, firemen, and sanitation and other maintenance workers) or a teacher who is an employee, of the participating jurisdiction (or an agency or school district serving such jurisdiction) that is providing the downpayment assistance under this section for the family; and ``(ii) has an income, at the time referred to in subparagraph (A), (B), or (C) of section 215(b)(2), as appropriate, and as determined by the Secretary with adjustments for smaller and larger families, that does not exceed 115 percent of the median income of the area, except that, with respect only to such areas that the Secretary determines have high housing costs, taking into consideration median house prices and median family incomes for the area, such income limitation shall be 150 percent of the median income of the area, as determined by the Secretary with adjustments for smaller and larger families. ``(c) Housing Strategy.--To be eligible to receive a grant under this section for a fiscal year, a participating jurisdiction shall include in its comprehensive housing affordability strategy under section 105 for such year-- ``(1) a description of the use of the grant amounts; ``(2) a plan for conducting targeted outreach to residents and tenants of public housing, trailer parks, and manufactured housing, and to other families assisted by public housing agencies, for the purpose of ensuring that grant amounts provided under this section to a participating jurisdiction are used for downpayment assistance for such residents, tenants, and families; and ``(3) a description of the actions to be taken to ensure the suitability of families provided downpayment assistance under this section to undertake and maintain homeownership. ``(d) Formula Allocation.--For each fiscal year, the Secretary shall allocate any amounts made available for assistance under this section for the fiscal year in accordance with a formula, which shall be established by the Secretary, that considers a participating jurisdiction's need for and prior commitment to assistance to homebuyers. The formula may include minimum allocation amounts. In considering a participating jurisdiction's prior year's commitment to assistance to homebuyers, the formula shall consider amounts committed to such purpose under the HOME investment partnerships program, the community development block grant program, mortgage revenue bonds, and prior year's funding from State and local governments, provided that the data underlying such funding is uniform, verifiable, and accurate by the State and local government, and shall consider other factors that the Secretary determines to be appropriate. ``(e) Reallocation.--If any amounts allocated to a participating jurisdiction under this section become available for reallocation, the amounts shall be reallocated to other participating jurisdictions in accordance with the formula established pursuant to subsection (d), except that if a local participating jurisdiction failed to receive amounts allocated under this section and is located in a State that is a participating jurisdiction, the funds shall be reallocated to the State. ``(f) Applicability of Other Provisions.-- ``(1) In general.--Except as otherwise provided in this section, grants under this section shall not be subject to the provisions of this title. ``(2) Applicable provisions.--In addition to the requirements of this section, grants under this section shall be subject to the provisions of title I, sections 215(b) (except as provided in subsection (b)(2)(B) of this section), 218, 219, 221, 223, 224, and 226(a) of subtitle A of this title, and subtitle F of this title. ``(3) References.--In applying the requirements of subtitle A referred to in paragraph (2)-- ``(A) any references to funds under subtitle A shall be considered to refer to amounts made available for assistance under this section; and ``(B) any references to funds allocated or reallocated under section 217 or 217(d) shall be considered to refer to amounts allocated or reallocated under subsection (d) or (e) of this section, respectively. ``(g) Administrative Costs.--Notwithstanding section 212(c), a participating jurisdiction may use funds under subtitle A for administrative and planning costs of the jurisdiction in carrying out this section, and the limitation in section 212(c) shall be based on the total amount of funds available under subtitle A and this section. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2004 and 2005.''. (b) Relocation Assistance and Downpayment Assistance.--Subtitle F of title II of the Cranston-Gonzalez National Affordable Housing Act is amended by inserting after section 290 (42 U.S.C. 12840) the following new section: ``SEC. 291. RELOCATION ASSISTANCE AND DOWNPAYMENT ASSISTANCE. ``The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 shall not apply to downpayment assistance under this title.''. Passed the House of Representatives October 1, 2003. Attest: Clerk.

American Dream Downpayment Act - Amends the Cranston-Gonzalez National Affordable Housing Act to authorize the Secretary of Housing and Urban Development to make grants to participating jurisdictions for single family residential downpayment assistance to: (1) low-income or first-time home buyers; or (2) income-qualifying uniformed employees (police, fire, sanitation and maintenance) or teachers of a participating jurisdiction. Requires a participating jurisdiction to include in its comprehensive housing affordability strategy information regarding: (1) grant use; (2) outreach activities; and (3) activities to ensure the suitability of recipient families to maintain homeownership. Sets forth allocation criteria. Permits fund reallocation. Authorizes specified FY 2004 and 2005 appropriations. Makes the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 inapplicable to such assistance.

To provide downpayment assistance under the HOME Investment Partnerships Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Program Integrity Enhancement Act of 2016''. SEC. 2. REVISION OF REGULATIONS. (a) In General.--Not later than 180 days after the date of enactment of this section, the Secretary shall revise part 455 of title 42, Code of Federal Regulations, relating to Medicaid program integrity as follows: (1) Section 455.2, relating to the definition of credible allegation of fraud, to comply with the requirements described in subsection (b). (2) Section 455.23, relating to the suspension of Medicaid payments to a provider by a State Medicaid agency, to comply with the requirements described in subsection (c). (b) Requirement To Consider Impact on Beneficiary Access to Care in Determining a Credible Allegation of Fraud.--The revised section 455.2 shall provide that an allegation shall be considered to be a credible allegation of fraud only if-- (1) the allegation has indicia of reliability; (2) the State Medicaid agency has reviewed all allegations, facts, and evidence carefully and acts judiciously on a case- by-case basis; and (3) the State Medicaid agency has taken into consideration the potential impact a payment suspension may have on beneficiary access to care. (c) Due Process Requirements for Payment Suspension Based on Credible Allegation of Fraud.-- (1) Process required before suspension.--A State Medicaid agency that has received an allegation of fraud against a provider shall not suspend payments to such provider until the agency takes the following actions: (A) The State Medicaid agency consults with the Medicaid fraud control unit for the State or, if the State has no Medicaid fraud control unit, the State attorney general, before suspending payments and receives a written verification from the Medicaid fraud control unit or attorney general, in such form as the Secretary may require, confirming that such consultation took place. (B) The State Medicaid agency certifies to the Secretary that it has considered whether-- (i) beneficiary access to items or services would be jeopardized by a payment suspension; (ii) a good cause not to suspend payments exists under section 455.23(e) of title 42, Code of Federal Regulations (as revised after the application of this Act); and (iii) a good cause to suspend payments only in part exists under section 455.23(f) of such title of such Code (as so revised). (C) The State Medicaid agency furnishes the provider with the agency's reasons for finding that there is no good cause to refrain from suspending payments in whole or part. (2) Process required after suspension.--After a State Medicaid agency suspends payments (in whole or part) to a provider on the basis that the agency has determined that there is a credible allegation of fraud against a provider for which an investigation is pending under the Medicaid program, the agency shall take the following actions: (A) At the beginning of each fiscal quarter that begins after payments to the provider have been suspended, the State Medicaid agency shall-- (i) certify to the Secretary that it has considered whether the suspension of payments should be terminated or modified because-- (I) a good cause not to suspend payments exists under section 455.23(e) of title 42, Code of Federal Regulations (as revised after the application of this Act); or (II) a good cause to suspend payments only in part exists under section 455.23(f) of such title (as so revised); and (ii) if the agency finds that there is no good cause to terminate or modify the suspension of payments, furnish to the provider the agency's reasons for such finding. (B) If the investigation is not resolved in a reasonable amount of time (as determined by the Secretary), the State Medicaid agency shall disclose to the provider the specific allegations of fraud that formed the basis for the agency's determination that there is a credible allegation of fraud against the provider. (C) Every 180 days after the initiation of a suspension of payments based on credible allegations of fraud, a State Medicaid Agency shall-- (i) evaluate whether there is good cause to not continue such suspension; and (ii) request a certification from the Medicaid fraud control unit for the State or, if the State has no Medicaid fraud control unit, the State attorney general, or other law enforcement agency that the matter continues to be under investigation warranting continuation of the suspension. (D) Good cause not to continue to suspend payments to an individual or entity against which there are credible allegations of fraud shall be deemed to exist if a payment suspension has been in effect for 18 months and there has not been a resolution of the investigation, except a State Medicaid Agency may extend a payment suspension beyond such period if-- (i) the case has been referred to, and is being considered by, the Medicaid fraud control unit for the State or, if the State has no Medicaid fraud control unit, the State attorney general, for administrative action or such administrative action is pending; or (ii) the Medicaid fraud control unit for the State or, if the State has no Medicaid fraud control unit, the State attorney general, submits a written request to the State Medicaid Agency that the suspension of payments be continued based on the ongoing investigation and anticipated filing of criminal or civil action or both or based on a pending criminal or civil action or both. At a minimum, the request shall include the following: (I) Identification of the entity under suspension. (II) The amount of time needed for continued suspension in order to conclude the criminal or civil proceeding or both. (III) A statement of why or how criminal or civil action or both may be affected if the requested extension is not granted. (d) Definitions.--For purposes of this section: (1) The term ``Medicaid fraud control unit'' means a State Medicaid fraud control unit as defined in section 1903(q) of the Social Security Act (42 U.S.C. 1396b(q)). (2) The term ``Secretary'' means the Secretary of Health and Human Services. (3) The term ``State Medicaid agency'' means the agency responsible for administering a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). SEC. 3. APPEALS PROCESS. (a) In General.--Section 1902(a)(39) of the Social Security Act (42 U.S.C. 1396a(a)(39)) is amended-- (1) by striking ``shall exclude'' and inserting ``shall-- ``(A) exclude''; (2) by adding ``and'' after the semicolon at the end; and (3) by adding at the end the following new subparagraph: ``(B) establish and codify a process whereby a provider to whom payments have been suspended, in whole or part, on the basis of credible allegations of fraud against such provider may appeal any decision (including a decision not to terminate or modify a payment suspension that is already in place) by the State agency that no good cause exists under the regulations of the Secretary to terminate, modify, or refrain from imposing such suspension of payment;''. (b) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act. (2) Delay permitted if state legislation required.--In the case of a State plan approved under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this section. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

Medicaid Program Integrity Enhancement Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to require a state Medicaid agency to establish a process by which a provider may appeal a decision by the agency to suspend payment to the provider on the basis of credible fraud allegations. The Centers for Medicare & Medicaid Services (CMS) must revise specified regulations related to such suspensions in order to comply with due process requirements established by the bill. Specifically, a state Medicaid agency may not suspend payment until the agency: (1) consults with the state's Medicaid fraud control unit or, if the state has no such unit, with the state's attorney general; (2) certifies that it has considered whether the suspension will jeopardize beneficiary access and whether there is good cause not to suspend payment; and (3) furnishes the provider with the agency's reasons for finding no such good cause. Furthermore, the agency must periodically evaluate whether there is good cause to discontinue a suspension for which an investigation is pending. With specified exceptions, such good cause shall be deemed to exist if the investigation remains unresolved after a suspension has been in effect for 18 months. CMS must also revise specified regulations to provide that an allegation of fraud shall be considered credible only if the allegation has indications of reliability and the state Medicaid agency: (1) has reviewed all allegations, facts, and evidence carefully; (2) acts judiciously on a case-by-case basis; and (3) has considered the potential impact a payment suspension may have on beneficiary access to care.

Medicaid Program Integrity Enhancement Act of 2016

SECTION 1. DEFINITIONS. In this Act: (1) The term ``Advisory Committee'' means the Hydrogen Technical and Fuel Cell Advisory Committee established under section 5 of this Act. (2) The term ``Department'' means the Department of Energy. (3) The term ``fuel cell'' means a device that directly converts the chemical energy of a fuel and an oxidant into electricity by an electrochemical process taking place at separate electrodes in the device. (4) The term ``infrastructure'' means the equipment, systems, or facilities used to produce, distribute, deliver, or store hydrogen and other advanced clean fuels. (5) The term ``light duty vehicle'' means a car or truck, classified by the Department of Transportation as a Class I or IIA vehicle. (6) The term ``Secretary'' means the Secretary of Energy. SEC. 2. PLAN. Not later than six months after the date of enactment of this Act, the Secretary shall transmit to the Congress a coordinated plan for the programs described in this Act and any other programs of the Department that are directly related to fuel cells or hydrogen. The plan shall describe, at a minimum-- (1) the agenda for the next five years for the programs authorized under this Act, including the agenda for each activity enumerated in section 3(a); (2) the types of entities that will carry out the activities under this Act and what role each entity is expected to play; (3) the milestones that will be used to evaluate the programs for the next five years; (4) the most significant technical and nontechnical hurdles that stand in the way of achieving the goals described in section 3(b), and how the programs will address those hurdles; and (5) the policy assumptions that are implicit in the plan, including any assumptions that would affect the sources of hydrogen or the marketability of hydrogen-related products. SEC. 3. PROGRAM. (a) Activities.--The Secretary, in partnership with the private sector, shall conduct a program to address-- (1) production of hydrogen from diverse energy sources, including-- (A) fossil fuels, which may include carbon capture and sequestration; (B) hydrogen-carrier fuels (including ethanol and methanol); (C) renewable energy resources; and (D) nuclear energy; (2) the safe delivery of hydrogen or hydrogen-carrier fuels, including-- (A) transmission by pipeline and other distribution methods; and (B) convenient and economic refueling of vehicles either at central refueling stations or through distributed on-site generation; (3) advanced vehicle technologies, including-- (A) engine and emission control systems; (B) energy storage, electric propulsion, and hybrid systems; (C) automotive materials; (D) clean fuels in addition to hydrogen; and (E) other advanced vehicle technologies; (4) storage of hydrogen or hydrogen-carrier fuels, including development of materials for safe and economic storage in gaseous, liquid, or solid form at refueling facilities and onboard vehicles; (5) development of safe, durable, affordable, and efficient fuel cells, including research and development on fuel-flexible fuel cell power systems, improved manufacturing processes, high-temperature membranes, cost-effective fuel processing for natural gas, fuel cell stack and system reliability, low temperature operation, and cold start capability; and (6) development of necessary codes and standards (including international codes and standards) and safety practices for the production, distribution, storage, and use of hydrogen, hydrogen-carrier fuels and related products. (b) Program Goals.-- (1) Vehicles.--For vehicles, the goals of the program are-- (A) to enable a commitment by automakers no later than year 2015 to offer safe, affordable, and technically viable hydrogen fuel cell vehicles in the mass consumer market; and (B) to enable production, delivery, and acceptance by consumers of model year 2020 hydrogen fuel cell and other vehicles that will have-- (i) a range of at least three hundred miles; (ii) improved performance and ease of driving; (iii) safety and performance comparable to vehicle technologies in the market; (iv) when compared to light duty vehicles in model year 2003-- (I) a fuel economy that is two and one half times the equivalent fuel economy of comparable light duty vehicles in model year 2003; and (II) near zero emissions of air pollutants; and (v) vehicle fuel system crash integrity and occupant protection. (2) Hydrogen energy and energy infrastructure.--For hydrogen energy and energy infrastructure, the goals of the program are to enable a commitment not later than 2015 that will lead to infrastructure by 2020 that will provide-- (A) safe and convenient refueling; (B) improved overall efficiency; (C) widespread availability of hydrogen from domestic energy sources through-- (i) production, with consideration of emissions levels; (ii) delivery, including transmission by pipeline and other distribution methods for hydrogen; and (iii) storage, including storage in surface transportation vehicles; (D) hydrogen for fuel cells, internal combustion engines, and other energy conversion devices for portable, stationary, and transportation applications; and (E) other technologies consistent with the Department's plan. (3) Fuel cells.--The goals for fuel cells and their portable, stationary, and transportation applications are to enable-- (A) safe, economical, and environmentally sound hydrogen fuel cells; (B) fuel cells for light duty and other vehicles; and (C) other technologies consistent with the Department's plan. (c) Demonstration.--In carrying out the program under this section, the Secretary shall fund a limited number of demonstration projects. In selecting projects under this subsection, the Secretary shall, to the extent practicable and in the public interest, select projects that-- (1) involve using hydrogen and related products at facilities or installations that would exist without the demonstration program, such as existing office buildings, military bases, vehicle fleet centers, transit bus authorities, or parks; (2) depend on reliable power from hydrogen to carry out essential activities; (3) lead to the replication of hydrogen technologies and draw such technologies into the marketplace; (4) integrate in a single project both mobile and stationary applications of hydrogen fuel cells; (5) address the interdependency of demand for hydrogen fuel cell applications and hydrogen fuel infrastructure; and (6) raise awareness of hydrogen technology among the public. (d) Deployment.--In carrying out the program under this section, the Secretary shall, in partnership with the private sector, conduct activities to facilitate the deployment of-- (1) hydrogen energy and energy infrastructure; (2) fuel cells; (3) advanced vehicle technologies; and (4) clean fuels in addition to hydrogen. (e) Funding.--(1) The Secretary shall carry out the program under this section using a competitive, merit-review process and consistent with the generally applicable Federal laws and regulations governing awards of financial assistance, contracts, or other agreements. (2) Activities under this section may be carried out by funding nationally recognized university-based research centers. (3) The Secretary shall endeavor to avoid duplication or displacement of other research and development programs and activities. (f) Cost Sharing.-- (1) Requirement.--For projects carried out through grants, cooperative agreements, or contracts under this section, the Secretary shall require a commitment from non-Federal sources of at least-- (A) 20 percent of the cost of a project, except projects carried out under subsections (c) and (d); and (B) 50 percent of the cost of a project carried out under subsection (c) or (d). (2) Reduction.--The Secretary may reduce the non-Federal requirement under paragraph (1) if the Secretary determines that-- (A) the reduction is appropriate considering the technological risks involved; or (B) the project is for technical analyses or other activities that the Secretary does not expect to result in a marketable product. (3) Size of non-federal share.--The Secretary may consider the size of the non-Federal share in selecting projects. SEC. 4. INTERAGENCY TASK FORCE. (a) Establishment.--Not later than 120 days after the date of enactment of this Act, the President shall establish an interagency task force chaired by the Secretary or his designee with representatives from each of the following: (1) The Office of Science and Technology Policy within the Executive Office of the President. (2) The Department of Transportation. (3) The Department of Defense. (4) The Department of Commerce (including the National Institute of Standards and Technology). (5) The Environmental Protection Agency. (6) The National Aeronautics and Space Administration. (7) Other Federal agencies as the Secretary determines appropriate. (b) Duties.-- (1) Planning.--The interagency task force shall work toward-- (A) a safe, economical, and environmentally sound fuel infrastructure for hydrogen and hydrogen-carrier fuels, including an infrastructure that supports buses and other fleet transportation; (B) fuel cells in government and other applications, including portable, stationary, and transportation applications; (C) distributed power generation, including the generation of combined heat, power, and clean fuels including hydrogen; (D) uniform hydrogen codes, standards, and safety protocols; and (E) vehicle hydrogen fuel system integrity safety performance. (2) Activities.--The interagency task force may organize workshops and conferences, may issue publications, and may create databases to carry out its duties. The interagency task force shall-- (A) foster the exchange of generic, nonproprietary information and technology among industry, academia, and government; (B) develop and maintain an inventory and assessment of hydrogen, fuel cells, and other advanced technologies, including the commercial capability of each technology for the economic and environmentally safe production, distribution, delivery, storage, and use of hydrogen; (C) integrate technical and other information made available as a result of the programs and activities under this Act; (D) promote the marketplace introduction of infrastructure for hydrogen and other clean fuel vehicles; and (E) conduct an education program to provide hydrogen and fuel cell information to potential end- users. (c) Agency Cooperation.--The heads of all agencies, including those whose agencies are not represented on the interagency task force, shall cooperate with and furnish information to the interagency task force, the Advisory Committee, and the Department. SEC. 5. ADVISORY COMMITTEE. (a) Establishment.--The Hydrogen Technical and Fuel Cell Advisory Committee is established to advise the Secretary on the programs and activities under this Act. (b) Membership.-- (1) Members.--The Advisory Committee is comprised of not fewer than 12 nor more than 25 members. These members shall be appointed by the Secretary to represent domestic industry, academia, professional societies, government agencies, and financial, environmental, and other appropriate organizations based on the Department's assessment of the technical and other qualifications of committee members and the needs of the Advisory Committee. (2) Terms.--The term of a member of the Advisory Committee shall not be more than 3 years. The Secretary may appoint members of the Advisory Committee in a manner that allows the terms of the members serving at any time to expire at spaced intervals so as to ensure continuity in the functioning of the Advisory Committee. A member of the Advisory Committee whose term is expiring may be reappointed. (3) Chairperson.--The Advisory Committee shall have a chairperson, who is elected by the members from among their number. (c) Review.--The Advisory Committee shall review and make recommendations to the Secretary on-- (1) the implementation of programs and activities under this Act; (2) the safety, economical, and environmental consequences of technologies for the production, distribution, delivery, storage, or use of hydrogen energy and fuel cells; and (3) the plan under section 2. (d) Response.--(1) The Secretary shall consider, but need not adopt, any recommendations of the Advisory Committee under subsection (c). (2) The Secretary shall transmit a biennial report to the Congress describing any recommendations made by the Advisory Committee since the previous report. The report shall include a description of how the Secretary has implemented or plans to implement the recommendations, or an explanation of the reasons that a recommendation will not be implemented. The report shall be transmitted along with the President's budget proposal. (e) Support.--The Secretary shall provide resources necessary in the judgment of the Secretary for the Advisory Committee to carry out its responsibilities under this Act. SEC. 6. EXTERNAL REVIEW. (a) Plan.--The Secretary shall enter into an arrangement with a competitively selected nongovernmental entity, such as the National Academy of Sciences, to review the plan prepared under section 2, which shall be completed not later than six months after the entity receives the plan. Not later than 45 days after receiving the review, the Secretary shall transmit the review to the Congress along with a plan to implement the review's recommendations or an explanation of the reasons that a recommendation will not be implemented. (b) Additional Review.--The Secretary shall enter into an arrangement with a competitively selected nongovernmental entity, such as the National Academy of Sciences, under which the entity will review the program under section 3 during the fourth year following the date of enactment of this Act. The entity's review shall include the research priorities and technical milestones, and evaluate the progress toward achieving them. The review shall be completed no later than five years after the date of enactment of this Act. Not later than 45 days after receiving the review, the Secretary shall transmit the review to the Congress along with a plan to implement the review's recommendations or an explanation for the reasons that a recommendation will not be implemented. SEC. 7. MISCELLANEOUS PROVISIONS. (a) Representation.--The Secretary may represent the United States interests with respect to activities and programs under this Act, in coordination with the Department of Transportation, the National Institute of Standards and Technology, and other relevant Federal agencies, before governments and nongovernmental organizations including-- (1) other Federal, State, regional, and local governments and their representatives; (2) industry and its representatives, including members of the energy and transportation industries; and (3) in consultation with the Department of State, foreign governments and their representatives including international organizations. (b) Regulatory Authority.--Nothing in this Act shall be construed to alter the regulatory authority of the Department. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, in addition to any amounts made available for these purposes under other Acts-- (1) $273,500,000 for fiscal year 2004; (2) $325,000,000 for fiscal year 2005; (3) $375,000,000 for fiscal year 2006; (4) $400,000,000 for fiscal year 2007; and (5) $425,000,000 for fiscal year 2008.''.

Instructs the Secretary of Energy to transmit to Congress a coordinated plan for a program conducted in partnership with the private sector that addresses: (1) hydrogen production from diverse energy sources, including fossil fuels; (2) safe delivery and storage of hydrogen or hydrogen-carrier fuels (including ethanol and methanol); (3) advanced vehicle technologies; (4) development of fuel cells and fuel-flexible fuel cell power systems; and (5) development of necessary codes and standards and safety practices for the production, distribution, storage, and use of hydrogen, hydrogen-carrier fuels, and related products. Directs the Secretary, in partnership with the private sector, to facilitate the deployment of: (1) hydrogen energy and energy infrastructure; (2) fuel cells; (3) advanced vehicle technologies; and (4) clean fuels in addition to hydrogen. Directs the President to establish an interagency task force chaired by the Secretary to work toward the specified goals of this Act. Establishes the Hydrogen Technical and Fuel Cell Advisory Committee to advise the Secretary on programs and activities. Mandates review of the implementation plan by a competitively selected nongovernmental entity, such as the National Academy of Sciences.

To provide for the establishment at the Department of Energy of a program for hydrogen fuel cell vehicles and infrastructure, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Business Centers Act of 1997''. SEC. 2. WOMEN'S BUSINESS TRAINING CENTERS. (a) In General.--Section 29 of the Small Business Act (15 U.S.C. 656) is amended to read as follows: ``SEC. 29. WOMEN'S BUSINESS TRAINING CENTERS. ``(a) Financial Assistance.--The Administration may provide financial assistance to private organizations to conduct 5-year projects for the benefit of small business concerns owned and controlled by women. The projects shall provide-- ``(1) financial assistance, including training and counseling in how to apply for and secure business credit and investment capital, preparing and presenting financial statements, and managing cash flow and other financial operations of a business concern; ``(2) management assistance, including training and counseling in how to plan, organize, staff, direct and control each major activity and function of a small business concern; and ``(3) marketing assistance, including training and counseling in identifying and segmenting domestic and international market opportunities, preparing and executing marketing plans, developing pricing strategies, locating contract opportunities, negotiating contracts, and utilizing varying public relations and advertising techniques. ``(b) Conditions.-- ``(1) Non-federal contributions.--As a condition of receiving financial assistance authorized by this section, the recipient organization shall agree to obtain, after its application has been approved and notice of award has been issued, cash contributions from non-Federal sources as follows: ``(A) in the first, second, and third years, 1 non- Federal dollar for each 2 Federal dollars; ``(B) in the fourth year, 1 non-Federal dollar for each Federal dollar; and ``(C) in the fifth year, 2 non-Federal dollars for each Federal dollar. ``(2) Form of non-federal contributions.--One-half of the non-Federal matching assistance under this section may be in the form of inkind contributions which are budget line items only, including office equipment and office space. ``(3) Form of federal contributions.--The Federal financial assistance authorized pursuant to this section may be made by grant, contract, or co-operative agreement and may contain such provision, as necessary, to provide for payments in lump sum or installments, and in advance or by way of reimbursement. The Administration may disburse up to 25 percent of each year's Federal share awarded to a recipient organization after notice of the award has been issued and before the non-Federal sector matching funds are obtained. ``(4) Failure to obtain private Funding.--If any recipient of assistance fails to obtain the required non-Federal contribution during any project-- ``(A) it shall not be eligible thereafter for advance disbursements pursuant to paragraph (3) during the remainder of that project, or for any other project for which it is or may be funded by the Administration; and ``(B) prior to approving assistance to such organization for any other projects, the Administration shall specifically determine whether the Administration believes that the recipient will be able to obtain the requisite non-Federal funding and enter a written finding setting forth the reasons for making such determination. ``(c) Submission of 5-Year Plan.-- Each applicant organization for assistance under this section initially shall submit a 5-year plan to the Administration on proposed fundraising and training activities, and a recipient organization may receive financial assistance under this program for a maximum of 5 years per women's business center site. ``(d) Evaluation of Applicants.-- ``(1) In general.--The Administration shall evaluate and rank applicants in accordance with pre-determined selection criteria that shall be stated in terms of relative importance. Such criteria and their relative importance shall be made publicly available and stated in each solicitation for applications made by the Administration. ``(2) Criteria.--The selection criteria referred to in paragraph (1) shall include-- ``(A) the experience of the applicant in conducting programs or on-going efforts designed to impart or upgrade the business skills of women business owners or potential owners; ``(B) the present ability of the applicant to commence a project within a minimum amount of time; and ``(C) the ability of the applicant to provide training and services to a representative number of women who are both socially and economically disadvantaged. ``(e) Establishment of Office.--There is established within the Administration the Office of Women's Business Ownership, which shall be responsible for the administration of the Administration's programs for the development of women's business enterprises, as such term is defined in section 408 of the Women's Business Ownership Act of 1988. The Office of Women's Business Ownership shall be administered by an Assistant Administrator, who shall be appointed by the Administrator. ``(f) Definitions.--For purposes of this section-- ``(1) the term `small business concern owned and controlled by women', either start-up or existing, includes any small business concern-- ``(A) that is not less than 51 percent owned by one or more women; and ``(B) the management and daily business operations of which are controlled by one or more women; and ``(2) the term `women's business center site' means one or more women's business centers established in conjunction with another women's business center in another location within a State or region-- ``(A) that reaches a distinct population that would otherwise not be served; ``(B) whose services are targeted to women; ``(C) whose scope, function, and activities are similar to those of the primary women's business center in conjunction with which it was established. ``(g) Reports to Congress.-- ``(1) In general.--The Administration shall prepare and transmit a biennial report to the Committee on Small Business of the House of Representatives and the Committee on Small Business of the Senate of the effectiveness of all projects conducted under the authority of this section. ``(2) Contents.--The reports required by paragraph (1) shall provide information concerning-- ``(A) the number of individuals receiving assistance; ``(B) the number of start-up business concerns formed; ``(C) the gross receipts of assisted concerns; ``(D) increases or decreases in profits of assisted concerns; and ``(E) the employment increases or decreases of assisted concerns. ``(h) Authorization of Appropriations.--There is authorized to be appropriated $8,000,000 per year to carry out the projects authorized by this section. Notwithstanding any other provision of law, the Administration may use such expedited acquisition methods as it deems appropriate to achieve the purposes of this section, except that it shall ensure that all eligible sources are provided a reasonable opportunity to submit proposals.''. (b) Applicability.--Any organization conducting a 3-year project under section 29 of the Small Business Act (15 U.S.C. 656) on the day before the effective date of this Act may extend such project to 5 years and receive financial assistance according to section 29(b) of the Small Business Act, as amended by this Act, and subject to procedures established by the Administrator in coordination with the Office of Women's Business Ownership established by this Act.

Women's Business Centers Act of 1997- Amends the Small Business Act to: (1) authorize the Administrator of the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct five-year (currently, three-year) demonstration projects to benefit small businesses owned and controlled by women; (2) adjust the level of cash contributions required from Federal and non-Federal sources for each of the five years of the projects; (3) require each assistance applicant to submit a five-year (currently, three year) plan on proposed fund raising and training activities under a project; (4) allow each recipient to receive such assistance for five years (in lieu of three); (5) establish within the SBA the Office Of Women's Business Ownership to administer SBA's women's business enterprise programs; (6) require the SBA to report biennially to the small business committees on the effectiveness of projects conducted under this Act; and (7) increase the annual authorization of appropriations for such programs.

Women's Business Centers Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Practices in Automotive Products Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage the production in the United States by American workers of automotive products which are sold or distributed in interstate commerce. SEC. 3. DEFINITIONS. (a) In General.--As used in this Act: (1) The term ``automotive products'' means motor vehicles and parts for use in the production of new motor vehicles. (2) The term ``added domestic value'', when used with respect to a vehicle manufacturer for any model year, means the aggregate of-- (A) the production costs of all automotive products sold by the vehicle manufacturer in the United States, other than for export, during that model year, and (B) the export value of all automotive products that were either-- (i) manufactured by the vehicle manufacturer in the United States and exported from the United States by, or on behalf of, such manufacturer during that model year, or (ii) manufactured in the United States by any other person and purchased by the vehicle manufacturer and exported from the United States by, or on behalf of, such manufacturer during that model year, but only to the extent that the export value of such automotive products is not included in automotive products to which clause (i) applies; reduced by the aggregate appraised value, as determined for purposes of the customs laws, of all automotive products that were entered by, or on behalf of, the vehicle manufacturer during that model year. (3) The term ``domestic content ratio'' means, with respect to a vehicle manufacturer for any model year, the percentage determined by multiplying by one hundred the factor obtained by dividing-- (A) the added domestic value determined for that manufacturer for that model year under paragraph (2); by (B) the production costs determined, for purposes of paragraph (2)(A), for that manufacturer for that model year. (4) The term ``entered'' means entered, or withdrawn from warehouse for consumption, within the customs territory of the United States. (5) The term ``export value'' means, with respect to an automotive product-- (A) the free-on-board price for which the vehicle manufacturer sells the product for exportation from the United States; or (B) if the vehicle manufacturer sells the product for such exportation to a buyer that controls, is controlled by, or is under common control with, such manufacturer, the price at which such or similar products are freely offered for free-on-board sale to all purchasers in the principal markets of the United States in the usual wholesale quantities and in the ordinary course of trade for such exportation. (6) The term ``model year'' means a vehicle manufacturer's annual production period (as determined by the Secretary) which includes January 1 of a calendar year, or if a vehicle manufacturer does not have an annual production period, the calendar year. A model year shall be designated by the year in which January 1 occurs. (7) The term ``motor vehicle'' means any three-wheeled or four-wheeled vehicle propelled by fuel which is manufactured primarily for use on the public streets, roads, and highways (except any vehicle operated exclusively on a rail or rails), and which is rated as ten thousand pounds gross vehicle weight or less. Such term does not include (A) any motorcycle, or (B) any vehicle determined by the Secretary to be an automobile capable of off-highway operation within the meaning of section 501(3) of the Motor Vehicle Information and Cost Savings Act. (8) The term ``production cost'' means, with respect to an automotive product, the wholesale price to dealers in the United States for that product as set forth in the vehicle manufacturer's official dealer price list that is in effect at the time the product is sold at wholesale. (9) The term ``Secretary'' means the Secretary of Transportation. (10) The term ``vehicle manufacturer'' means any person engaged in the business of producing motor vehicles for ultimate retail sale in the United States and includes as one entity all persons who control, are controlled by, or are in common control with, such person. Such term also includes any predecessor or successor of such a vehicle manufacturer. SEC. 4. DETERMINATION OF ADDED DOMESTIC VALUE. Two or more vehicle manufacturers may not include, for purposes of determining their respective added domestic values, the value of the same automotive product; but such manufacturers may, under rules prescribed under section 5(b), apportion the value of that automotive product among them. SEC. 5. DOMESTIC CONTENT RATIOS FOR MODEL YEAR 1994 AND THEREAFTER. (a) Ratios.--In order to carry out the purpose of this Act, for each model year beginning after January 1, 1993, the minimum domestic content ratio for a vehicle manufacturer shall not be less than the higher of-- (1) the domestic content ratio achieved by the vehicle manufacturer in model year 1994 reduced by 10 per centum; or (2) the applicable minimum content ratio specified in the following table: ---------------------------------------------------------------------------------------------------------------- Number of motor vehicles produced by the manufacturer and sold in the United States during each year: Minimum domestic content ratio: ---------------------------------------------------------------------------------------------------------------- Model Year 1994 Not over 100,000........................................ 0 percent. Over 100,000 but not over 900,000....................... The number, expressed as a percentage, determined by dividing the number of vehicles sold by 30,000. Over 900,000............................................ 30 percent. Model Year 1995 Not over 100,000........................................ 0 percent. Over 100,000 but not over 900,000....................... The number, expressed as a percentage, determined by dividing the number of vehicles sold by 15,000. Over 900,000............................................ 60 percent. Each Model Year After Model Year 1995 Not over 100,000........................................ 0 percent. Over 100,000 but not over 900,000....................... The number, expressed as a percentage, determined by dividing the number of vehicles sold by 10,000. Over 900,000............................................ 90 percent. ---------------------------------------------------------------------------------------------------------------- (b) Allocation of Automotive Products Among Manufacturers.--In order to carry out the purpose of this Act, the Secretary shall prescribe rules or allocating automotive products among vehicle manufacturers in appropriate cases such as where-- (1) a vehicle manufacturer sells automotive products manufactured by it in the United States to another vehicle manufacturer; (2) two or more vehicle manufacturers in joint venture produce automotive products in the United States; and (3) a vehicle manufacturer produces motor vehicles for ultimate retail sale in the United States, some of which will be sold by that manufacturer and some by another vehicle manufacturer. SEC. 6. INFORMATION AND REPORTS. (a) Vehicle Manufacturers Records and Information.--Each vehicle manufacturer that produces more than 100,000 motor vehicles for sale in the United States during any model year after model year 1993 must establish and maintain such records, and provide such information, regarding the production and sale of automotive products by it as the Secretary by rule shall require for purposes of carrying out sections 5(a) and 7. (b) Authority To Obtain Information.-- (1) Secretarial authority.--The authority granted to the Secretary under subsection (b)(1) of section 505 of the Motor Vehicle Information and Cost Saving Act (as in effect on the date of the enactment of this Act) to obtain information and data, and access thereto, that is deemed advisable by the Secretary for purposes of carrying out part V of that Act may be used by the Secretary for purposes of obtaining the information and data, and access thereto, that is necessary or appropriate to carry out sections 5(a) and 7. (2) Court authority.--The authority granted to the district courts of the United States under subsection (b)(2) of such section 505 to enforce compliance with action taken by the Secretary under subsection (b)(1) of such section may be used by such courts to enforce actions taken by the Secretary pursuant to paragraph (1) for purposes of carrying out this Act. (3) Disclosure of information and data.--The Secretary shall disclose any information and data obtained under this subsection and subsection (a) to the public only in accordance with section 552 of title 5, United States Code and any matter described in subsection (b)(4) of such section shall not be disclosed to the public, except that where such matter may be relevant to any administrative or judicial proceeding to enforce this Act. Such matter may be disclosed in such proceeding only in a manner which would not result in competitive damage or disadvantage, as determined by the Secretary or a court, because of such disclosure. (c) Annual Reports.--As soon as practicable after the close of each model year after January 1, 1993, the Secretary shall prepare and make available to the public a report setting forth the domestic content ratio achieved by each vehicle manufacturer during such model year. SEC. 7. ENFORCEMENT. (a) Penalty for Failure To Meet Domestic Content Ratios.-- (1) In general.--In furtherance of the purpose of this Act, it is unlawful for a vehicle manufacturer to fail to meet for any model year the applicable minimum domestic content ratio required under section 5(a). (2) Order of secretary.--If the Secretary finds, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, that a vehicle manufacturer has violated paragraph (1), the Secretary shall issue an order prohibiting the vehicle manufacturer from entering, or having entered on its behalf, during the 12-month period beginning on the date on which the finding becomes final-- (A) a quantity of motor vehicles that exceeds the total quantity of motor vehicles that was entered by, or on behalf of, that manufacturer during the model year in which such violation occurred reduced by the number of motor vehicles that bears to such total quantity the same percentage by which the vehicle manufacturer failed to meet the domestic content ratio for that model year; and (B) parts for motor vehicles in an aggregate value (as appraised for purposes of the customs laws) that exceed the total aggregate appraised value of parts for motor vehicles that were entered by, or on behalf of, that manufacturer during the model year in which such violation occurred reduced by parts of an aggregate value that bear to such total aggregate value the same percentage by which the vehicle manufacturer failed to meet the domestic content ratio for that model year. (3) Order content.--An order issued pursuant to paragraph (2) shall specify the total number of motor vehicles and the aggregate appraised value of parts for motor vehicles that may be entered during the applicable 12-month period by, or on behalf of, the vehicle manufacturer. (4) Judicial review.--Any person against whom an order is issued under paragraph (2) may, within 60 calendar days after the date of the order, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5, United States Code. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the Secretary or the court may remand the proceeding to the Secretary for such further action as the court may direct. (b) Other Violations.-- (1) In general.--Any person who knowingly violates any provision of this Act (other than failure to meet the applicable domestic content ratio for any model year) or any rule or regulation issued under this Act shall be liable, after notice and opportunity for a hearing, to the United States for a civil penalty of not more than $10,000. Each day of a continuing violation under this subsection shall constitute a separate offense. (2) Procedures.-- (A) Notice.--Before issuing an order assessing a civil penalty against any person for violation of paragraph (1), the Secretary shall provide to such person written notice of the proposed penalty. (B) Assessment.--The Secretary shall promptly assess such penalty, by order, after the date of the receipt of the notice under subparagraph (A) of the proposed penalty. (C) Action for nonpayment.--If the penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (B), the Secretary shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment. (D) Recovery action.--If any person fails to pay an assessment of a civil penalty after the appropriate district court has entered final judgment in favor of the Secretary under subparagraph (C), the Secretary shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. (3) Compromise, etc.--The Secretary may compromise, modify, or remit, with or without conditions, any penalty that is subject to imposition or that has been imposed under this subsection. SEC. 8. STUDY OF DISCRIMINATORY PRACTICES AFFECTING DOMESTIC PRODUCTION OF MOTOR VEHICLE PARTS. Within one year after the date of the enactment of this Act, the Secretary and the Federal Trade Commission shall jointly undertake an investigation, and submit to Congress a written report, regarding those policies and practices of vehicle manufacturers that are used to persuade United States motor vehicle dealers, in choosing replacement parts for motor vehicles, to favor foreign-made parts rather than domestically produced parts. Such report shall include recommended administrative or legislative action that the Secretary and the Federal Trade Commission consider appropriate to assure that domestic producers of replacement parts are accorded fair access to the United States market for such parts.

Fair Practices in Automotive Products Act - Sets forth automotive minimum domestic content ratios for model years beginning with 1993. Directs the Secretary of Transportation (Secretary) to set rules for allocating automotive products among manufacturers. Requires specified manufacturers beginning with the 1994 model year to maintain automotive product records. Directs the Secretary to make domestic content information available to the public beginning with the 1994 model year. Makes it unlawful for a manufacturer to fail to meet applicable domestic content requirements. Sets forth administrative and civil measures for such failure and for related violations. Directs the Secretary and the Federal Trade Commission jointly to study and report to the Congress on discriminatory practices which motor vehicle manufacturers use to persuade dealers to favor foreign-made automotive parts over domestically-produced parts.

Fair Practices in Automotive Products Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Retirement Restoration Act''. SEC. 2. REPEAL OF REDUCTIONS MADE BY BIPARTISAN BUDGET ACT OF 2013. Section 403 of the Bipartisan Budget Act of 2013 is repealed as of the date of the enactment of such Act. SEC. 3. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. (a) In General.--Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Certain Corporations Managed and Controlled in the United States Treated as Domestic for Income Tax.-- ``(1) In general.--Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if-- ``(A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but ``(B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. ``(2) Corporation described.-- ``(A) In general.--A corporation is described in this paragraph if-- ``(i) the stock of such corporation is regularly traded on an established securities market, or ``(ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. ``(B) General exception.--A corporation shall not be treated as described in this paragraph if-- ``(i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, ``(ii) such corporation-- ``(I) is not regularly traded on an established securities market, and ``(II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and ``(iii) the Secretary grants a waiver to such corporation under this subparagraph. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ``(B) Executive officers and senior management.-- Such regulations shall provide that-- ``(i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and ``(ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act, whether or not regulations are issued under section 7701(p)(3) of the Internal Revenue Code of 1986, as added by this section.

Military Retirement Restoration Act - Repeals the provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62. Amends the Internal Revenue Code to treat a foreign corporation managed and controlled, directly or indirectly, primarily in the United States as a domestic corporation for U.S. tax purposes if the stock of such corporation is regularly traded on an established securities market or the aggregate gross assets of such corporation during the taxable year or any preceding taxable year is $50 million or more. 

Military Retirement Restoration Act

SECTION 1. SHORT TITLE. The Act may be cited as the ``Protect Our Troops and Our Constitution Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) On November 26, 2007, by signing the Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America (hereinafter in this Act referred to as the ``Declaration of Principles''), the President of the United States pledged to negotiate by July 2008 an agreement to replace the United Nations mandate that currently provides international legal authority as well as immunity from Iraqi prosecution for United States Armed Forces and other Coalition forces operating in Iraq. (2) In the Declaration of Principles, the President pledged that this agreement would include the following security commitments by the United States: (A) ``Supporting the Republic of Iraq in defending its democratic system against internal and external threats.''. (B) ``Providing security assurances and commitments to the Republic of Iraq to deter foreign aggression against Iraq that violates its sovereignty and integrity of its territories, waters, or airspace.''. (C) ``Supporting the Republic of Iraq in its efforts to combat all terrorist groups, at the forefront of which is Al-Qaeda, Saddamists, and all other outlaw groups regardless of affiliation, and destroy their logistical networks and their sources of finance, and defeat and uproot them from Iraq.''. (3) However, in testimony before the United States Senate on February 6, 2008, Secretary of Defense Robert Gates effectively renounced this pledge by the President when he said, ``[T]he status of forces agreement that is being discussed will not contain a commitment to defend Iraq, and neither will any strategic framework agreement. My understanding is--and it's, frankly, a clearer point than I made earlier--and we certainly do not consider the declaration of principles a security commitment to the Iraqis.''. (4) On November 26, 2007, the President's Deputy National Security Advisor for Iraq and Afghanistan, General Douglas Lute, stated in a press briefing that permanent United States military bases in Iraq ``will certainly be a key item for negotiation next year''. On January 28, 2008, when signing into law the National Defense Authorization Act for Fiscal Year 2008, which includes a ban on permanent United States military bases in Iraq, President George W. Bush indicated in a signing statement accompanying the bill that he would not be bound by a provision of that law that prohibits the United States from establishing permanent military bases in Iraq. (5) However, in testimony before the Senate on February 6, 2008, Secretary of Defense Gates stated, ``The fact is, in every meeting that I've taken part in, it has been affirmed from the president on down that we do not want permanent bases in Iraq.''. (6) General Lute stated in a press briefing on November 26, 2007, in response to a question as to whether the Administration would seek congressional input into the agreement, ``We don't anticipate now that these negotiations will lead to the status of a formal treaty which would then bring us to formal negotiations or formal inputs from the Congress.''. However, the Department of State has failed to consult with congressional leaders on the Declaration of Principles as required by the Department of State's Circular 175 procedure, which implements United States law regarding the conduct of negotiations for international agreements. (7) However, in testimony before the Senate on February 6, 2008, Secretary of Defense Gates stated, ``My view is that there ought to be a great deal of openness and transparency to the Congress as we negotiate this status of forces agreement so that you can satisfy yourselves that those kinds of commitments are not being made, and that there are no surprises in this.''. (8) According to the Congressional Research Service, while the primary purpose of a status of forces agreement between the United States and another country or organization is typically to provide United States Armed Forces with immunity from local prosecution, and no existing status of forces agreement authorizes offensive combat operations by United States Armed Forces (absent reference to a treaty, law, or United Nations Security Council resolution), Secretary of Defense Gates and Secretary of State Condoleezza Rice have written in an opinion piece published February 13, 2008, in the Washington Post that it is the intention of the Administration to have the status of forces agreement with Iraq include the ``authority to fight'' for United States Armed Forces engaged in combat operations. (9) The inconsistencies between the various statements and pledges described in paragraphs (1) through (8) raise significant questions about the Administration's objectives in seeking new agreements with Iraq. (10)(A) Since August 6, 2004, United States Armed Forces and other Coalition forces in Iraq have had international legal authority to operate in Iraq under the United Nations mandate for the Multinational Force-Iraq, most recently renewed in December 2007 until December 31, 2008, and have had immunity from local prosecution under an Iraqi law known as CPA Order 17, which is dependent on that mandate. (B) The Iraqi Ambassador to the United States, Samir Sumaidaie, said on February 5, 2008, ``If we cannot have an agreement by that time [December 31, 2008,] we would have no choice but to go back to the Security Council. Basically, we need to have some legal cover for foreign forces.''. SEC. 3. LIMITATION ON USE OF FUNDS. No funds appropriated or otherwise made available to any department or agency of the United States may be used-- (1) to establish or maintain any permanent or long-term United States military base or facility in Iraq; or (2) to implement any agreement that is consistent with the security commitments of the United States to Iraq under the Declaration of Principles, including the security commitments described in subparagraphs (A) through (C) of section 1(2) of this Act, or any agreement that provides ``authority to fight'' for United States Armed Forces engaged in combat operations, other than for self-defense purposes, unless the agreement is in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States or the agreement is approved by an Act of Congress enacted after the date of the enactment of this Act. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) long-term relations between the United States and Iraq should be determined by the United States Administration taking office on January 20, 2009; (2) in determining its policy toward Iraq, the United States Administration referred to in paragraph (1) should consult fully with the United States Congress, the Government of Iraq, Coalition partners, and Iraq's neighbors; and (3) to maintain current international legal authority as well as immunity from Iraqi prosecution for United States Armed Forces and other Coalition forces operating in Iraq while the United States Administration referred to in paragraph (1) determines United States policy toward Iraq, the current United States Administration should encourage the Government of Iraq to request the renewal of the United Nations mandate for Iraq beyond December 31, 2008.

Protect Our Troops and Our Constitution Act of 2008 - Prohibits funds from being used to: (1) establish or maintain any permanent or long-term U.S. military base or facility in Iraq; or (2) implement any agreement that is consistent with U.S. security commitments to Iraq under the Declaration of Principles or any agreement that provides "authority to fight" for U.S. Armed Forces engaged in combat operations other than for self-defense purposes, unless the agreement is an Article II treaty with respect to which the Senate has given its advice and consent to ratification or the agreement is approved by an Act of Congress enacted after the date of the enactment of this Act. Expresses the sense of Congress that: (1) long-term U.S.-Iraq relations should be determined by the U.S. Administration taking office on January 20, 2009; (2) in determining its policy toward Iraq such Administration should consult with Congress, the government of Iraq, Coalition partners, and Iraq's neighbors; and (3) to maintain international legal authority as well as immunity from Iraqi prosecution for U.S. Armed Forces and other Coalition forces operating in Iraq while such Administration determines policy toward Iraq the current U.S. Administration should encourage the government of Iraq to request renewal of the U.N. mandate for Iraq beyond December 31, 2008.

To reassert the constitutional role of Congress in making long-term security commitments, to defer significant long-term security commitments to Iraq to the next Administration and Congress, and to maintain international legal authority and immunity for United States Armed Forces in Iraq by promoting the extension of the United Nations mandate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motherhood Protection Act''. SEC. 2. PROTECTION OF PREGNANT WOMEN. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 90 the following: ``CHAPTER 90A--PROTECTION OF PREGNANT WOMEN ``CHAPTER 90A--PROTECTION OF PREGNANT WOMEN ``Sec. ``1841. Causing termination of pregnancy or interruption of the normal course of pregnancy. ``Sec. 1841. Causing termination of pregnancy or interruption of the normal course of pregnancy ``(a)(1) Any person who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the termination of a pregnancy or the interruption of the normal course of pregnancy, including termination of the pregnancy other than by live birth is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided for that conduct under Federal law had that injury or death occurred to the pregnant woman. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the defendant intended to cause the termination or interruption of the normal course of pregnancy. ``(C) If the person engaging in the conduct thereby intentionally causes or attempts to cause the termination of or the interruption of the pregnancy, that person shall be punished as provided under section 1111, 1112, or 1113, as applicable, for intentionally terminating or interrupting the pregnancy or attempting to do so, instead of the penalties that would otherwise apply under subparagraph (A). ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are the following: ``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), 844(f), 844(h)(1), 844(i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952(a)(1)(B), 1952(a)(2)(B), 1952(a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title. ``(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)). ``(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283). ``(c) Subsection (a) does not permit prosecution-- ``(1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; ``(2) for conduct relating to any medical treatment of the pregnant woman, or matters related to the pregnancy; or ``(3) of any woman with respect to her pregnancy.''. (b) Clerical Amendment.--The table of chapters for part 1 of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following: ``90A. Protection of pregnant women......................... 1841''. SEC. 3. MILITARY JUSTICE SYSTEM. (a) Protection of Pregnant Women.--Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following: ``Sec. Sec. 919a. Art. 119a. Causing termination of pregnancy or interruption of normal course of pregnancy ``(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the termination of a pregnancy or the interruption of the normal course of pregnancy, including termination of the pregnancy other than by live birth, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment for that conduct under this chapter had that injury or death occurred to the pregnant woman. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the defendant intended to cause the termination or interruption of the normal course of pregnancy. ``(C) If the person engaging in the conduct thereby intentionally causes or attempts to cause the termination of or the interruption of the pregnancy, that person shall be punished as provided under section 918, 919, or 880 of this title (article 118, 119, or 80), as applicable, for intentionally causing the termination of or interruption of the pregnancy or attempting to do so, instead of the penalties that would otherwise apply under subparagraph (A). ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 111, 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128). ``(c) Subsection (a) does not permit prosecution-- ``(1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; ``(2) for conduct relating to any medical treatment of the pregnant woman or matters relating to her pregnancy; or ``(3) of any woman with respect to her pregnancy.''. (b) Clerical amendment.--The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 919 the following: ``919a. Causing termination of pregnancy and termination of normal course of pregnancy.''.

Motherhood Protection Act - Amends the Federal criminal code and the Uniform Code of Military Justice UCMJ to provide that anyone who engages in conduct that violates any of specified prohibitions under the Federal criminal code, the Controlled Substances Act of 1970, the Atomic Energy Act of 1954, or the UCMJ and thereby causes the termination of a pregnancy or the interruption of the normal course of pregnancy is guilty of a separate offense. Makes the punishment for that offense the same as that provided for such conduct had that injury or death occurred to the pregnant woman. Provides that an offense under this Act does not require proof that: (1) the person engaging in the conduct had, or should have had, knowledge that the victim of the underlying offense was pregnant; or (2) the defendant intended to cause the termination or interruption of the pregnancy. Prohibits prosecution: (1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or is implied by law in a medical emergency; (2) for conduct relating to the pregnant woman's medical treatment or matters related to the pregnancy; or (3) of any woman regarding her pregnancy.

A bill entitled "Motherhood Protection Act".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Dependents Education Act of 1993''. SEC. 2. FUNDING RESPONSIBILITY FOR MILITARY CONNECTED CHILDREN. Title I of the Act of September 30, 1950 (Public Law 874, Eighty- first Congress) is amended by adding at the end the following new section: ``funding responsibility for military connected children ``Sec. 8. (a) Computation of Amount.-- ``(1) In general.--For the purpose of computing the amount which a local educational agency is entitled to receive under section 2, 3 or 4 for military connected children in each fiscal year, the Secretary shall determine, for each local educational agency receiving assistance under this Act, the number of children referred to in-- ``(A) section 3(a) who reside on a military installation; ``(B) section 3(b)(1) who reside on a military installation; ``(C) section 3(b)(2) who have a parent employed on a military installation; and ``(D) section 3(b)(3). ``(2) Total amount of payments.--The Secretary shall determine the total amount of payments all local educational agencies are entitled to receive under section 2, 3 or 4 for military connected children in each fiscal year. ``(b) Transfer of Funds.--From any amounts available to the Secretary of Defense, the Secretary of Defense shall transfer to the Secretary of Education in each fiscal year the total amount of funds necessary for the Secretary of Education to make all of the payments described in subsection (a)(2) for such fiscal year. ``(c) Special Rules.--Notwithstanding any other provision of law, funds made available by the Secretary of Defense to the Secretary of Education for military connected children pursuant to subsection (b) shall be-- ``(1) the only funds used to make payments under section 2, 3 or 4 to local educational agencies for military connected children; and ``(2) distributed to such local educational agencies in accordance with the provisions of this Act which are not inconsistent with-- ``(A) the provisions of this section; and ``(B) shifting only the funding responsibility for such military connected children from the Department of Education to the Department of Defense. ``(d) Definitions.--For the purpose of this section-- ``(1) the term `military connected children' means the children described in subparagraphs (A) through (D) of subsection (a)(1); and ``(2) the term `military installation' has the same meaning given to such term in section 2801(c) of title 10, United States Code.''. SEC. 3. MILITARY CONNECTED CHILDREN WITH DISABILITIES. Subparagraph (C) of section 3(d)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended-- (1) by redesignating clauses (ii), (iii) and (iv) as clauses (iii), (iv) and (v), respectively; (2) in clause (i), by striking ``and children with specific learning disabilities for whom a determination is made under subsection (a)(2) or (b)(3)''; (3) by inserting after clause (i) the following new clause: ``(ii)(I) The amount of an entitlement of any local educational agency under this section for any fiscal year with respect to military connected children with disabilities and for whom such local educational agency is providing a program designed to meet the special and related needs of such children shall be-- ``(aa) in the case of any local educational agency with respect to which the number of such children is determined under subsection (a), an amount equal to 100 percent of the average per pupil expenditure in the State or such expenditure in the United States, whichever is greater, multiplied by the number of such children determined under such subsection plus the product obtained with respect to such agency under division (bb); and ``(bb) in any other case, an amount equal to 25 percent of the average per pupil expenditure in the State or such expenditure in the United States, whichever is greater, multiplied by the number of such children determined with respect to such agency for such fiscal year under subsection (b). ``(II) For the purpose of this clause, the term `military connected children with disabilities' means individuals who are-- ``(aa) military connected children as such term is defined in section 8(d)(1); and ``(bb) children with disabilities.''; (4) in clause (iii) (as redesignated in paragraph (1)), by striking ``division (iii)'' and inserting ``division (iv)''; and (5) by amending clause (v) (as redesignated in paragraph (1)) to read as follows: ``(v) For the purpose of this subparagraph the term `children with disabilities' means-- ``(I) children with disabilities as such term is defined in section 602(1) of the Individuals with Disabilities Education Act; and ``(II) children with specific learning disabilities as such term is defined in section 602(15) of such Act.''.

Military Dependents Education Act of 1993 - Amends Federal law for impact aid to local educational agencies to shift funding responsibility for militarily connected children (including those with disabilities) from the Department of Education to the Department of Defense.

Military Dependents Education Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Historic Barn Preservation Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) historic barns are-- (A) viable elements of food production in the United States; and (B) a vital component of the cultural heritage of the United States; (2) historic barns shed light on the earliest agricultural achievements of the United States; (3) historic barns are endangered by deterioration and demolition; and (4) the United States must-- (A) protect historic barns for continued agricultural use so that future generations can understand how the United States was built; (B) keep records on the number, condition, and variety of historic barns; (C) develop better techniques to preserve and protect historic barns; and (D) take every step necessary to avoid further loss of those national treasures. SEC. 3. DEFINITIONS. In this Act: (1) Barn.--The term ``barn'' means a building (other than a dwelling) on a farm, ranch, or other agricultural operation for-- (A) housing animals; (B) storing or processing crops; (C) storing and maintaining agricultural equipment; or (D) serving an essential or useful purpose related to agriculture on the adjacent land. (2) Historic barn.--The term ``historic barn'' means a barn that-- (A) is at least 50 years old; (B) retains sufficient integrity of design, materials, and construction to clearly identify the barn as an agricultural building; and (C) meets the criteria for listing on National, State, or local registers or inventories of historic structures. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Undersecretary of Rural Development. (4) Eligible applicant.--The term ``eligible applicant'' means-- (A) a State department of agriculture (or a designee); (B) a national or State nonprofit organization that-- (i) is exempt from tax under section 501(c)(3) of the Internal Revenue Code of 1986; and (ii) has experience or expertise, as determined by the Secretary, in the identification, evaluation, rehabilitation, preservation, or protection of historic barns; and (C) a State historic preservation office. SEC. 4. HISTORIC BARN PRESERVATION PROGRAM. (a) Establishment.--The Secretary shall establish a historic barn preservation program-- (1) to assist States in developing a listing of historic barns; (2) to collect and disseminate information on historic barns; (3) to foster educational programs relating to the history, construction techniques, rehabilitation, and contribution to society of historic barns; and (4) to sponsor and conduct research on-- (A) the history of barns; and (B) best practices to protect and rehabilitate historic barns from the effects of decay, fire, arson, and natural disasters. (b) Grants.-- (1) In general.--The Secretary may make grants to, or enter into contracts or cooperative agreements with, eligible applicants to carry out an eligible project under paragraph (2). (2) Eligible projects.--A grant under this subsection may be made to an eligible entity for a project-- (A) to rehabilitate or repair a historic barn; (B) to preserve a historic barn through-- (i) the installation of a fire protection system, including fireproofing or fire detection system and sprinklers; and (ii) the installation of a system to prevent vandalism; and (C) to identify, document, and conduct research on a historic barn to develop and evaluate appropriate techniques or best practices for protecting historic barns. (3) Requirements.--An eligible applicant that receives a grant for a project under this subsection shall comply with any standards established by the Secretary of the Interior for historic preservation projects. SEC. 5. FUNDING. There is authorized to be appropriated to carry out this Act, $25,000,000 for the period of fiscal years 2002 through 2006, to remain available until expended.

National Historic Barn Preservation Act of 2001 - Directs the Secretary of Agriculture to establish a historic barn preservation program.

A bill to establish a national historic barn preservation program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Revolutionary Guard Corps Designation Implementation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Iran Revolutionary Guard Corps (IRGC) is a political and ideological military organization of Iran's government, separate from the Iranian military. It globally spreads Iran's ideology to terrorist groups and began deploying fighters abroad during the Iran-Iraq War in an effort to spread the ideology of the Iranian Revolution throughout the Middle East. (2) The Qods Force, a paramilitary arm of the IRGC, was created to conduct foreign operations--beginning in Iraq's Kurdish region--and to forge relationships with Shiite and Kurdish groups. A Qods unit was also deployed to Lebanon in 1982, where it helped to form Hizballah. (3) The IRGC was designated as an entity of proliferation concern under Executive Order 13382 on October 21, 2007, and the Qods Force was designated as a terrorism supporting entity under Executive Order 13224 on October 25, 2007. (4) To further the support of terrorism abroad, Iran's government allows the IRGC to raise funds and own businesses. The IRGC often operates through front businesses and affiliate groups. (5) The IRGC and Qods Force front businesses and affiliate groups represent an important part of the Iranian economy. The National Iranian Gas Company issued one such firm, Khatam-ol- Anbia (Ghorb), a $1.3 billion contract to construct Iran's seventh gas pipeline. In June 2006, Pars Oil and Gas Company, a subsidiary of the state-owned National Iranian Oil Company, awarded Ghorb a $2.3 billion contract to develop Phases 15-16 of Iran's South Pars development--the world's second largest gas field. In July 2006, Tehran Urban & Suburban Railway Company granted Ghorb a $1.2 billion contract to build the seventh line of Tehran's metro system and a $350 million civil engineering contract for the fourth line. (6) In 2008, IRGC naval ships aggressively approached the USS Port Royal, USS Hopper, and USS Ingraham, during a routine transit at the Strait of Hormuz. (7) Members of the IRGC captured 15 British sailors and marines who were inspecting ships in the Persian Gulf near the demarcation line that separates the territorial waters of Iran and Iraq. (8) In December 2006 and January 2007, Iranian surrogates-- the Qazali and Sheibani networks, which are now collectively referred to as the Special Groups--stepped up their attacks on Iraqi and Coalition forces. The Qazali network conducted sophisticated operations against United States forces at the Karbala Joint Provincial Coordination Center, kidnapping and killing five United States soldiers during the aborted operation. (9) The Qods Force has provided aid in the form of weapons, training, and funding to Hamas, Palestine Islamic Jihad, the Popular Front for the Liberation of Palestine-General Command, Hizballah, Iraq-based militants, and Taliban fighters in Afghanistan. (10) The United States military reported in February 2007 that the Qods Force was furnishing assistance to Shiite militias in Iraq to assemble improvised explosive devices (IEDs) and explosively formed projectiles (EFPs) that had been used to kill over 150 United States service personnel. (11) United States commanders in Afghanistan--along with the Department of State's Report on International Terrorism for 2007 and 2008--have cited specific weapons shipments by Iran, implemented by the Qods Force, to Taliban militants in Afghanistan. The Qods Force provided training to the Taliban on small unit tactics, small arms, explosives, and indirect fire weapons. Since at least 2006, Iran has arranged arms shipments including small arms and associated ammunition, rocket propelled grenades, mortar rounds, 107-mm rockets, and plastic explosives to select Taliban members. SEC. 3. SANCTIONS AGAINST AFFILIATES OF THE IRAN REVOLUTIONARY GUARD CORPS. (a) Publication of Names of Affiliates in Federal Register.--Not later than 90 days after the date of the enactment of this Act, and as appropriate thereafter, the President shall publish in the Federal Register the name of each foreign person or foreign entity for which there is credible information indicating that the person or entity is as an agent, alias, front, instrumentality, official, or affiliate of the Iran Revolutionary Guard Corps or is an individual serving as a representative of the Iran Revolutionary Guard Corps. (b) Application of Existing Sanctions Against Iran to Affiliates.-- The President shall apply to each foreign person or foreign entity identified in the Federal Register pursuant to subsection (a) all applicable sanctions of the United States in force against the Iran Revolutionary Guard Corps as of the date of publication of the name of the person or entity in the Federal Register, including measures contained in the following Executive orders: (1) Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). (2) Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking property of weapons of mass destruction proliferators and their supporters). (c) Sanctions Under Executive Order 13438.-- (1) Publication of names of affiliates in federal register.--Not later than 90 days after the date of the enactment of this Act, and as appropriate thereafter, the President shall publish in the Federal Register the name of each foreign person or foreign entity-- (A) for which there is credible information indicating that the person or entity is as an agent, alias, front, instrumentality, official, or affiliate of the Iran Revolutionary Guard Corps or is an individual serving as a representative of the Iran Revolutionary Guard Corps; and (B) for which there is credible evidence that the foreign person or foreign entity-- (i) has committed, or poses a significant risk of committing, an act or acts of violence that have the purpose or effect of-- (I) threatening the peace or stability of Iraq or the Government of Iraq; or (II) undermining efforts to promote economic reconstruction and political reform in Iraq or to provide humanitarian assistance to the Iraqi people; (ii) has materially assisted, sponsored, or provided financial, material, logistical, or technical support for, or goods or services in support of, such an act or acts of violence or any person whose property and interests in property are blocked pursuant to Executive Order 13438; or (iii) is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to Executive Order 13438. (2) Application of sanctions under executive order 13438.-- The President shall apply to each foreign person or foreign entity identified in the Federal Register pursuant to paragraph (1) all applicable sanctions and measures of the United States contained in Executive Order 13438 (72 Fed. Reg. 39719; relating to blocking property of certain persons who threaten stabilization efforts in Iraq). (d) Exclusion From United States.--The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who, on or after the date of the enactment of this Act, is a foreign person identified in the Federal Register pursuant to subsection (a) or (c). (e) Rule of Construction.--Nothing in this section shall be construed to remove any sanction of the United States in force against the Iran Revolutionary Guard Corps as of the date of the enactment of this Act by reason of the fact that the Iran Revolutionary Guard Corps is an entity of the Government of Iran. SEC. 4. MEASURES AGAINST FOREIGN PERSONS OR ENTITIES SUPPORTING THE IRAN REVOLUTIONARY GUARD CORPS. (a) Notification.--Whenever the President determines that there is credible information indicating that a foreign person or foreign entity, on or after the date of the enactment of this Act, knowingly-- (1) provided material support to the Iran Revolutionary Guard Corps or any affiliated foreign person or foreign entity identified pursuant to section 3 (a) or (c), or (2) conducted any commercial transaction or financial transaction with the Iran Revolutionary Guards Corps or any affiliated foreign person or foreign entity identified pursuant to section 3 (a) or (c), the President shall submit to the appropriate congressional committees a notification that contains the name of the foreign person or foreign entity (as the case may be). (b) Form.--The President may submit the notification required under subsection (a) in classified form. (c) Executive Order 12938 Sanctions.--Not later than 60 days after the date on which the President provides notice to the appropriate congressional committees pursuant to subsection (a), the President shall apply to each foreign person or foreign entity identified in such notice, for such time as the President may determine, the measures set forth in section 4 of Executive Order 12938 (59 Fed. Reg. 59099; relating to proliferation of weapons of mass destruction) and shall terminate such measures in accordance with the provisions of such section. (d) IEEPA Sanctions.--The President may exercise the authorities the President has under section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)) to impose additional sanctions on each foreign person or foreign entity identified pursuant to subsection (a) of this section, for such time as the President may determine, without regard to section 202 of that Act. (e) Waiver.--The President may waive the application of any measure described in subsection (c) with respect to a foreign person or foreign entity if the President-- (1)(A) determines that the person or entity has ceased the offending activity and has taken measures to prevent its recurrence; or (B) determines that it is vital to the national security interests of the United States to do so; and (2) submits to the appropriate congressional committees a report that contains the reasons for the determination. SEC. 5. SPECIAL MEASURES AGAINST FOREIGN GOVERNMENTS SUPPORTING THE IRAN REVOLUTIONARY GUARDS CORPS. (a) Executive Order 12938 Sanctions.--With respect to any foreign entity identified pursuant to section 4(a) that is a foreign government, the President shall, in addition to applying to the entity the measures described in section 4(d), apply to the entity the measures set forth in section 5(b) of Executive Order 12938. (b) Waiver.--The President may waive the application of any measure described in subsection (a) with respect to a foreign entity if the President-- (1)(A) determines that the entity has ceased the offending activity and has taken measures to prevent its recurrence; or (B) determines that it is vital to the national security interests of the United States to do so; and (2) submits to the appropriate congressional committees a report that contains the reasons for the determination. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Foreign person.--The term ``foreign person'' has the meaning given the term in section 14 of the Iran Sanctions Act of 1996. (3) Iran revolutionary guard corps.--The term ``Iran Revolutionary Guard Corps'' includes the Iran Revolutionary Guard Corps-Qods Force.

Iran Revolutionary Guard Corps Designation Implementation Act - Directs the President to identify in the Federal Register and apply specified sanctions against: (1) a foreign person or foreign entity that is a representative or affiliate of the Iran Revolutionary Guard Corps (IRGC); or (2) such a person or entity that has committed or risks committing destabilizing violence against Iraq or its government. Excludes such persons from U.S. entry. Directs the President, with specified waiver authority, to notify the appropriate congressional committees and apply specified sanctions against a foreign person or foreign entity that provides material, financial, or commercial support to the IRGC. Includes additional sanctions if the entity is a foreign government.

To require the application of sanctions against affiliates of the Iran Revolutionary Guard Corps, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Procedures for Sanctions Against Charities Act''. SEC. 2. PROCEDURES REGARDING BLOCKING PROPERTY OF CHARITIES. (a) In General.--The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) is amended-- (1) by redesignating section 208 as section 209; and (2) by inserting after section 207 the following new section: ``SEC. 208. PROCEDURES REGARDING BLOCKING PROPERTY OF CHARITIES. ``(a) Definitions.--In this section: ``(1) Charity.--The term `charity' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. ``(2) Sanction.--The term `sanction' means the blocking of property under section 203(a). ``(b) Warrant Requirement.-- ``(1) Warrant requirement.--A sanction may be imposed that blocks property of a charity only pursuant to a warrant obtained in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. The court may issue such warrant if the United States demonstrates that there is probable cause to believe that-- ``(A) the property with respect to which the warrant is sought is subject to the sanction; and ``(B) the property may be moved outside the jurisdiction of the United States. ``(2) Exception.-- ``(A) In general.--The United States may impose a sanction that blocks property of a charity before applying to the court for a warrant under paragraph (1) if the United States has reason to believe that delay in seizure from such ex parte application may have an adverse result, including-- ``(i) endangering the life or physical safety of an individual; ``(ii) flight from prosecution; ``(iii) destruction of or tampering with evidence; ``(iv) intimidation of potential witnesses; or ``(v) otherwise seriously jeopardizing an investigation. ``(B) Probable cause showing.--In a case in which property is subject to a sanction under subparagraph (A), the property shall be released from the order blocking it unless the United States makes the probable cause showing required by paragraph (1) within 48 hours after the property is blocked. ``(3) Subsequent court actions.--Upon a finding of probable cause, the court may issue the warrant. Upon the motion of the United States, the court may require the execution of satisfactory performance bonds, create receiverships, appoint conservators, custodians, appraisers, accountants, or trustees, or take any other action to secure, maintain, or preserve the availability of the property that is the subject of the warrant. ``(c) Procedures Regarding Charities.--The President shall establish procedures with respect to the imposition of a sanction that blocks property of a charity in order to implement the following: ``(1) Prior notice; opportunity for compliance.--In any case in which the President anticipates imposing such a sanction on a charity, the President shall, before imposing the sanction, notify the charity in writing, by delivery to the chief executive officer or chair of the governing body of the charity, of the facts, events, persons, and other relevant information serving as the basis for imposing the sanction, and setting forth the steps the charity may take to avoid imposition of the sanction. ``(2) Notice.--If the sanction is imposed on the charity because the charity has failed to take the steps described in paragraph (1), or if paragraph (3) applies, the President shall notify the charity, in the manner described in paragraph (1), of the imposition of the sanction. ``(3) Exigent circumstances.--The notice under paragraph (1) need not be provided if the President determines that there is probable cause to believe that the property of the charity is subject to the sanction and that providing such notice and opportunity-- ``(A) will jeopardize the availability of the property; or ``(B) may have an adverse result, including-- ``(i) endangering the life or physical safety of an individual; ``(ii) flight from prosecution; ``(iii) destruction of or tampering with evidence; ``(iv) intimidation of potential witnesses; or ``(v) otherwise seriously jeopardizing an investigation. ``(4) Opportunity to present response.--The President shall provide a charity notified under paragraph (1) or (2) of the imposition of a sanction an opportunity to provide a response to imposing the sanction, including a hearing on the record if so requested by the charity. Such hearing or other proceeding agreed to by the parties shall be held not later than 60 days after the notice is provided. ``(5) Subsequent allegations.--If, after notice is provided under paragraph (1) or (2), additional allegations arise involving the charity that are or may provide additional bases for imposing the sanction involving blocking property of the charity, the procedures under this subsection shall apply with respect to such additional allegations. ``(d) Periodic Review of Blocking Orders.-- ``(1) Periodic review.--The President shall-- ``(A) at least once in every 2-year period, review each sanction imposed that involves blocking the property of a charity in order to ensure that the basis for imposing the sanction remains valid; and ``(B) provide the charity an opportunity for a hearing on the record with respect to such review. ``(e) Appeals.-- ``(1) Administrative appeal.--The President shall provide to any charity on which a sanction is imposed that blocks the property of the charity, or is continued pursuant to a periodic review under subsection (d), an opportunity to appeal the sanction in accordance with the procedures set forth in sections 556 and 557 of title 5, United States Code, without regard to any exclusion set forth in section 554(a) of such title. ``(2) Judicial appeal.--In any appeal under chapter 7 of title 5, United States Code, of a determination in a hearing under paragraph (1)-- ``(A) the court shall review the case de novo; and ``(B) the burden is on the United States Government to establish, by a preponderance of the evidence, that the property is subject to the sanction. ``(f) Access to Classified Information.--At any hearing or other proceeding held at the request of a charity under this section, the charity shall be entitled to be represented by counsel and shall be provided the opportunity to review the evidence of the Government with respect to the sanction involved, consistent with procedures analogous to those set forth in the Classified Information Procedures Act (18 U.S.C. App. 3), as determined by the court. ``(g) Confidentiality and Privacy.--Property of a charity that is blocked pursuant to the imposition of a sanction may not be made available to a Government agency other than the Government agency responsible for blocking the property, except to the appropriate law enforcement agency pursuant to the Federal Rules of Criminal Procedure.''. SEC. 3. APPLICABILITY. (a) In General.--Subject to subsection (b), the amendments made by section 2 shall apply to any order that imposes a sanction blocking the property of a charity and that is issued under the International Emergency Economic Powers Act-- (1) on or after the date of the enactment of this Act; or (2) before the date of the enactment of this Act, if the order is in effect on such date of enactment. (b) Procedures With Respect to Existing Orders.--In the case of an order that imposes a sanction blocking the property of a charity and to which subsection (a)(2) applies-- (1) in lieu of the requirements under paragraphs (1) and (2) of section 208(c) of the International Emergency Economic Powers Act, as added by section 2 of this Act, the President shall provide, within 45 days after the date of the enactment of this Act, notice to the charity that is the subject of the order, by delivery to the chief executive officer or chair of the governing body of the charity, of the facts, events, persons, and other relevant information that served as the basis for imposing the sanction; and (2) in applying paragraph (4) of such section 208(c), the notice under paragraph (1) of this subsection shall be deemed be notice provided under paragraph (2) of such section 203(c).

Procedures for Sanctions Against Charities Act - Amends the International Emergency Economic Powers Act to allow a sanction to be imposed that blocks the property of a charity only pursuant to a warrant obtained in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. Permits a court to issue such warrant if the United States demonstrates that there is probable cause to believe that: (1) the property with respect to which the warrant is sought is subject to the sanction; and (2) the property may be moved outside the jurisdiction of the United States. Permits imposing a sanction prior to applying to the court for a warrant if there is reason to believe that delay may have an adverse result, including: (1) endangering the life or physical safety of an individual; (2) flight from prosecution; (3) destruction of or tampering with evidence; (4) intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation. Directs the President to establish specified procedures with respect to the imposition of a sanction that blocks the property of a charity. Sets forth appeal procedures for affected charities.

To amend the International Emergency Economic Powers Act to establish certain procedures with respect to blocking property of charities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dot Kids Implementation and Efficiency Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the World Wide Web presents a stimulating and entertaining opportunity for children to learn, grow, and develop educationally and intellectually; (2) Internet technology also makes available an extensive amount of information that is harmful to children, as studies indicate that a significant portion of all material available on the Internet is related to pornography; (3) young children, when trying to use the World Wide Web for positive purposes, are often presented--either mistakenly or intentionally--with material that is inappropriate for their age, which can be extremely frustrating for children, parents, and educators; (4) exposure of children to material that is inappropriate for them, including pornography, can distort the education and development of the Nation's youth and represents a serious harm to American families that can lead to a host of other problems for children, including inappropriate use of chat rooms, physical molestation, harassment, and legal and financial difficulties; (5) young boys and girls, older teens, troubled youth, frequent Internet users, chat room participants, online risk takers, and those who communicate online with strangers are at greater risk for receiving unwanted sexual solicitation on the Internet; (6) studies have shown that 19 percent of youth (ages 10 to 17) who used the Internet regularly were the targets of unwanted sexual solicitation, but less than 10 percent of the solicitations were reported to the police; (7) children who come across illegal content should report it to the congressionally authorized CyberTipline, an online mechanism developed by the National Center for Missing and Exploited Children, for citizens to report sexual crimes against children; (8) the CyberTipline has received more than 64,400 reports, including reports of child pornography, online enticement for sexual acts, child molestation (outside the family), and child prostitution; (9) although the computer software and hardware industries, and other related industries, have developed innovative ways to help parents and educators restrict material that is harmful to minors through parental control protections and self-regulation, to date such efforts have not provided a national solution to the problem of minors accessing harmful material on the World Wide Web; (10) the creation of a ``green-light'' area within the United States country code Internet domain, that will contain only content that is appropriate for children under the age of 13, is analogous to the creation of a children's section within a library and will promote the positive experiences of children and families in the United States; and (11) while custody, care, and nurture of the child reside first with the parent, the protection of the physical and psychological well-being of minors by shielding them from material that is harmful to them is a compelling governmental interest. (b) Purposes.--The purposes of this Act are-- (1) to facilitate the creation of a second-level domain within the United States country code Internet domain for the location of material that is suitable for minors and not harmful to minors; and (2) to ensure that the National Telecommunications and Information Administration oversees the creation of such a second- level domain and ensures the effective and efficient establishment and operation of the new domain. SEC. 3. NTIA AUTHORITY. Section 103(b)(3) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(b)(3)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(C) shall assign to the NTIA responsibility for providing for the establishment, and overseeing operation, of a second- level Internet domain within the United States country code domain in accordance with section 157.''. SEC. 4. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN. The National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended in part C by adding at the end the following new section: ``SEC. 157. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN. ``(a) Responsibilities.--The NTIA shall require the registry selected to operate and maintain the United States country code Internet domain to establish, operate, and maintain a second-level domain within the United States country code domain that provides access only to material that is suitable for minors and not harmful to minors (in this section referred to as the `new domain'). ``(b) Conditions of Contracts.-- ``(1) Initial registry.--The NTIA shall not exercise any option periods under any contract between the NTIA and the initial registry to operate and maintain the United States country code Internet domain unless the initial registry agrees, during the 90- day period beginning upon the date of the enactment of the Dot Kids Implementation and Efficiency Act of 2002, to carry out, and to operate the new domain in accordance with, the requirements under subsection (c). Nothing in this subsection shall be construed to prevent the initial registry of the United States country code Internet domain from participating in the NTIA's process for selecting a successor registry or to prevent the NTIA from awarding, to the initial registry, the contract to be successor registry subject to the requirements of paragraph (2). ``(2) Successor registries.--The NTIA shall not enter into any contract for operating and maintaining the United States country code Internet domain with any successor registry unless such registry enters into an agreement with the NTIA, during the 90-day period after selection of such registry, that provides for the registry to carry out, and the new domain to operate in accordance with, the requirements under subsection (c). ``(c) Requirements of New Domain.--The registry and new domain shall be subject to the following requirements: ``(1) Written content standards for the new domain, except that the NTIA shall not have any authority to establish such standards. ``(2) Written agreements with each registrar for the new domain that require that use of the new domain is in accordance with the standards and requirements of the registry. ``(3) Written agreements with registrars, which shall require registrars to enter into written agreements with registrants, to use the new domain in accordance with the standards and requirements of the registry. ``(4) Rules and procedures for enforcement and oversight that minimize the possibility that the new domain provides access to content that is not in accordance with the standards and requirements of the registry. ``(5) A process for removing from the new domain any content that is not in accordance with the standards and requirements of the registry. ``(6) A process to provide registrants to the new domain with an opportunity for a prompt, expeditious, and impartial dispute resolution process regarding any material of the registrant excluded from the new domain. ``(7) Continuous and uninterrupted service for the new domain during any transition to a new registry selected to operate and maintain new domain or the United States country code domain. ``(8) Procedures and mechanisms to promote the accuracy of contact information submitted by registrants and retained by registrars in the new domain. ``(9) Operationality of the new domain not later than one year after the date of the enactment of the Dot Kids Implementation and Efficiency Act of 2002. ``(10) Written agreements with registrars, which shall require registrars to enter into written agreements with registrants, to prohibit two-way and multiuser interactive services in the new domain, unless the registrant certifies to the registrar that such service will be offered in compliance with the content standards established pursuant to paragraph (1) and is designed to reduce the risk of exploitation of minors using such two-way and multiuser interactive services. ``(11) Written agreements with registrars, which shall require registrars to enter into written agreements with registrants, to prohibit hyperlinks in the new domain that take new domain users outside of the new domain. ``(12) Any other action that the NTIA considers necessary to establish, operate, or maintain the new domain in accordance with the purposes of this section. ``(d) Option Periods for Initial Registry.--The NTIA shall grant the initial registry the option periods available under the contract between the NTIA and the initial registry to operate and maintain the United States country code Internet domain if, and may not grant such option periods unless, the NTIA finds that the initial registry has satisfactorily performed its obligations under this Act and under the contract. Nothing in this section shall preempt or alter the NTIA's authority to terminate such contract for the operation of the United States country code Internet domain for cause or for convenience. ``(e) Treatment of Registry and Other Entities.-- ``(1) In general.--Only to the extent that such entities carry out functions under this section, the following entities are deemed to be interactive computer services for purposes of section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)): ``(A) The registry that operates and maintains the new domain. ``(B) Any entity that contracts with such registry to carry out functions to ensure that content accessed through the new domain complies with the limitations applicable to the new domain. ``(C) Any registrar for the registry of the new domain that is operating in compliance with its agreement with the registry. ``(2) Savings provision.--Nothing in paragraph (1) shall be construed to affect the applicability of any other provision of title II of the Communications Act of 1934 to the entities covered by subparagraph (A), (B), or (C) of paragraph (1). ``(f) Education.--The NTIA shall carry out a program to publicize the availability of the new domain and to educate the parents of minors regarding the process for utilizing the new domain in combination and coordination with hardware and software technologies that provide for filtering or blocking. The program under this subsection shall be commenced not later than 30 days after the date that the new domain first becomes operational and accessible by the public. ``(g) Coordination With Federal Government.--The registry selected to operate and maintain the new domain shall-- ``(1) consult with appropriate agencies of the Federal Government regarding procedures and actions to prevent minors and families who use the new domain from being targeted by adults and other children for predatory behavior, exploitation, or illegal actions; and ``(2) based upon the consultations conducted pursuant to paragraph (1), establish such procedures and take such actions as the registry may deem necessary to prevent such targeting. The consultations, procedures, and actions required under this subsection shall be commenced not later than 30 days after the date that the new domain first becomes operational and accessible by the public. ``(h) Compliance Report.--The registry shall prepare, on an annual basis, a report on the registry's monitoring and enforcement procedures for the new domain. The registry shall submit each such report, setting forth the results of the review of its monitoring and enforcement procedures for the new domain, to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ``(i) Suspension of New Domain.--If the NTIA finds, pursuant to its own review or upon a good faith petition by the registry, that the new domain is not serving its intended purpose, the NTIA shall instruct the registry to suspend operation of the new domain until such time as the NTIA determines that the new domain can be operated as intended. ``(j) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Harmful to minors.--The term `harmful to minors' means, with respect to material, that-- ``(A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, that it is designed to appeal to, or is designed to pander to, the prurient interest; ``(B) the material depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and ``(C) taken as a whole, the material lacks serious, literary, artistic, political, or scientific value for minors. ``(2) Minor.--The term `minor' means any person under 13 years of age. ``(3) Registry.--The term `registry' means the registry selected to operate and maintain the United States country code Internet domain. ``(4) Successor registry.--The term `successor registry' means any entity that enters into a contract with the NTIA to operate and maintain the United States country code Internet domain that covers any period after the termination or expiration of the contract to operate and maintain the United States country code Internet domain, and any option periods under such contract, that was signed on October 26, 2001. ``(5) Suitable for minors.--The term `suitable for minors' means, with respect to material, that it-- ``(A) is not psychologically or intellectually inappropriate for minors; and ``(B) serves-- ``(i) the educational, informational, intellectual, or cognitive needs of minors; or ``(ii) the social, emotional, or entertainment needs of minors.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Dot Kids Implementation and Efficiency Act of 2002 - Amends the National Telecommunications and Information Administration Organization Act to direct the Secretary of Commerce to assign to the National Telecommunications and Information Administration (NTIA) responsibility for providing for the establishment, and overseeing operation, of a second-level Internet domain within the U.S. country code domain that provides access only to materials suitable for, and not harmful to, minors. Directs NTIA to require the same registry selected to operate and maintain the U.S. country code Internet domain to establish, operate, and maintain such second-level domain. Prohibits NTIA from exercising any option periods under a contract with the initial registry to operate and maintain the United States country code Internet domain, or from entering into a new contract with a successor registry, unless such registry enters into an agreement with NTIA which requires the registry to carry out, and the new domain to operate under, specified requirements, including: (1) written content standards for the new domain and a process for the removal of content that does not meet such standards; (2) procedures to promote the accuracy of information submitted by registrants; and (3) a requirement that the new domain is operational within one year after the enactment of this Act.Requires NTIA to publicize the availability of the new domain and to educate parents of minors regarding the process for utilizing such domain in coordination with filtering or blocking technologies.Directs the registry to annually prepare and submit to specified congressional committees a report on the its monitoring and enforcement procedures for the new domain.Authorizes NTIA to suspend from new domain operation a registry found not to be serving its intended purpose.

To facilitate the creation of a new, second-level Internet domain within the United States country code domain that will be a haven for material that promotes positive experiences for children and families using the Internet, provides a safe online environment for children, and helps to prevent children from being exposed to harmful material on the Internet, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Procurement Improvement Act of 2012''. SEC. 2. INCREASING SMALL BUSINESS PARTICIPATION IN MULTIPLE AWARD CONTRACTS. (a) In General.--Section 15(r) of the Small Business Act (15 U.S.C. 644(r)) is amended-- (1) by striking ``may, at their discretion'' and inserting the following: ``shall, to the maximum extent practicable, include small business concerns in multiple award contracts, as defined in section 3(v) of this Act, including''; (2) in paragraph (1), by striking ``set'' and inserting ``setting''; (3) in paragraph (2)-- (A) by striking ``set'' and inserting ``setting''; and (B) by striking ``and'' at the end; (4) in paragraph (3)-- (A) by striking ``reserve'' and inserting ``reserving''; and (B) by striking the period at the end and inserting ``; and''; and (5) by inserting after paragraph (3) the following: ``(4) making full use of the set-aside programs established in sections 8(a), 8(m), 31, and 36 of this Act and any other program under this Act that provides for set-asides of contracts for small businesses.''. (b) Agency Outreach.--Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following: ``(s) Agency Outreach Program.--The Administrator, in consultation with the Administrator of the Office of Federal Procurement Policy and any agency that obtains 5 percent of procurement requirements through a multiple award contract, shall carry out a program to increase the participation of small business concerns in multiple award contracts, as defined in section 3(v) of this Act. Such program shall-- ``(1) increase awareness among small business concerns regarding multiple award contracts; ``(2) provide small business concerns with education and training on Federal agency procedures for the bid and award of multiple award contracting procedures; ``(3) assist small business concerns with becoming listed on multiple award contracts, including the Federal Supply Schedules of the General Services Administration; and ``(4) develop measures to track small business participation in multiple award contracts, including awards pursuant to those contracts.''. SEC. 3. DEFINITIONS. Section 3 of the Small Business Act (15 U.S.C. 632) is amended-- (1) in subsection (v)-- (A) in paragraph (1), by striking ``and'' at the end; and (B) by redesignating paragraph (2) as paragraph (5), and inserting after paragraph (1) the following: ``(2) a contract under the Federal Supply Schedule program of the General Services Administration; ``(3) a multi-agency contract which is a contract, or a task order or delivery order awarded pursuant to such a contract, established by one agency for use by Government agencies to obtain supplies, services, or both, in accordance with section 1535 of title 31, United States Code; ``(4) a Government-wide acquisition contract which is a contract, task order contract, or delivery order contract for information technology established by one agency for Government-wide use pursuant to section 11302(e) of title 40, United States Code; and''; and (2) by adding at the end the following: ``(dd) Blanket Purchase Agreement.--In this Act, the term `blanket purchase agreement' has the meaning given such term in sections 13.303- 01 and 13.303-2 of title 48, Code of Federal Regulations (as in effect on October 1, 2011). ``(ee) Basic Ordering Agreement.--In this Act, the term `basic ordering agreement' has the meaning given such term in section 16.703 of title 48, Code of Federal Regulations (as in effect on October 1, 2011).''. SEC. 4. ENSURING SMALL BUSINESS PARTICIPATION IN MULTIPLE AWARD CONTRACTS, MULTI-AGENCY CONTRACTS, AND GOVERNMENT-WIDE ACQUISITION CONTRACTS. Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended-- (1) by striking ``(g)(1) The President shall'' and inserting ``(g)(1)(A) The President shall''; and (2) by inserting after paragraph (1) the following: ``(B) The President shall annually establish Government-wide goals for the total dollar value of all task orders and delivery orders placed against multiple award contracts, blanket purchase agreements, and basic ordering agreements awarded to small business concerns, small business concerns owned and controlled by service disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women.''. SEC. 5. IMPROVEMENTS TO THE SMALL BUSINESS RESERVE. Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is amended-- (1) by striking ``$100,000'' each place it appears and inserting ``$200,000''; and (2) by adding at the end the following: ``(4) Multiple award contract applicability.-- ``(A) This subsection applies to all task or delivery orders placed against multiple award contracts, including any contract under the Federal Supply Schedule program of the General Services Administration. ``(B) The Administrator, in consultation with the Administrator of General Services Administration, shall within 120 days of the date of enactment of this Act, issue regulations regarding-- ``(i) how the Administrator of the General Services Administration will ensure that the correct size standard is applied to each task order; ``(ii) how the Administrator of the General Services Administration will ensure that the non-manufacturer rule and limitation on subcontracting provisions are implemented at the task order level; and ``(iii) how the Administrator of the General Services Administration will ensure that its electronic ordering systems display the correct size information for small business concerns seeking the set aside of a task order.''. SEC. 6. SMALL BUSINESS REPRESENTATION ON THE FEDERAL ACQUISITION REGULATORY COUNCIL. (a) In General.--Section 1302(b)(1) of title 41, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(E) the Administrator of the Small Business Administration.''. (b) Deciding Vote.--Section 1302 of such title is further amended by adding at the end the following: ``(c) Deciding Vote.--In the case of an equal vote among council membership, the Administrator of the Office of Federal Procurement Policy will have the deciding vote.''.

Small Business Procurement Improvement Act of 2012 - Amends the Small Business Act to require (under current law, permit) federal agencies involved in procurement, to the maximum extent practicable, to include small businesses in multiple award contracts. Requires such agencies to make full use of the contract set-aside programs of the Small Business Administration (SBA). Directs the SBA Administrator, in consultation with the Administrator of the Office of Federal Procurement Policy (OFPP) and any agency that obtains 5% of its procurement requirements through a multiple award contract, to carry out a program to increase small business participation in such contracts. Requires the President to annually establish government-wide goals for the total value of all task and delivery orders placed against multiple award contracts, blanket purchase agreements, and basic ordering agreements awarded to small businesses, small businesses owned and controlled by service-disabled veterans, qualified HUBZone small businesses, small businesses owned and controlled by socially and economically disadvantaged individuals, and small businesses owned and controlled by women. Requires each federal contract for the purchase of goods and services with an anticipated value greater than $2,500 but not greater than $200,000 (under current law, $100,000) to be reserved exclusively for small businesses (with an exception). Directs the Administrator to issue regulations concerning General Services Administration (GSA) oversight of task or delivery orders placed against multiple award contracts. Requires: (1) inclusion of the Administrator on the Federal Acquisition Regulatory Council, and (2) the OFPP Administrator to have the deciding vote in case of a tie vote among Council membership.

To amend the Small Business Act to provide for increased small business participation in multiple award contracts, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Restore Scientific Integrity to Federal Research and Policymaking Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. Prohibition of political interference with science. Sec. 4. Whistleblower extension for disclosures relating to interference with science. Sec. 5. Requirements relating to Federal scientific advisory committees. Sec. 6. Peer review. Sec. 7. State of scientific integrity report. Sec. 8. Definitions. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) America has for its history served as a world leader of scientific innovation and research. (2) Multiple policy and legislative decisions affecting the health and safety of the American public and the state of the environment depend upon comprehensive, accurate scientific information. (3) The Federal Government plays a key role in fostering and supporting scientific research. (4) The conduct of such research depends on free investigation and open exchange of ideas. (5) Scientific advisory committees must be comprised of individuals with the appropriate expertise regardless of political affiliation. (6) Over the past four years, leading scientific associations and scientific journals, Inspectors General, senior scientists within the Federal Government, former scientific officials from both Republican and Democratic administrations, and 48 Nobel Laureates have raised concerns about political interference with science in the executive branch of the Federal Government. (7) This interference has included tampering with the conduct of research, gagging of government scientists, distortion of scientific information presented to Congress and the public, and manipulation of Federal scientific advisory committees. (b) Purpose.--The purpose of this Act is to protect scientific integrity in Federal research and policymaking. SEC. 3. PROHIBITION OF POLITICAL INTERFERENCE WITH SCIENCE. (a) In General.--Subchapter V of chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 7354. Interference with science ``(a) In General.--An employee may not engage in any of the following: ``(1) Tampering with the conduct of federally funded scientific research or analysis. ``(2) Censorship of findings of federally funded scientific research or analysis. ``(3) Directing the dissemination of scientific information known by the directing employee to be false or misleading. ``(b) Penalties.--An employee who violates this section shall be subject to appropriate disciplinary action by the employing agency or entity.''. (b) Prohibited Personnel Practice.--Section 2302(b) of title 5, United States Code, is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period and inserting ``; or''; and (3) by inserting after paragraph (12) the following: ``(13) take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee because of the development or dissemination, within the scope of employment, of scientific research or analysis that the employee reasonably believes to be accurate and valid.''. (c) Clerical Amendment.--The table of sections for chapter 73 of title 5, is amended by inserting after the item relating to section 7353 the following: ``7354. Interference with science.''. SEC. 4. WHISTLEBLOWER EXTENSION FOR DISCLOSURES RELATING TO INTERFERENCE WITH SCIENCE. (a) In General.--Subparagraphs (A)(ii) and (B)(ii) of section 2302(b)(8) of title 5, United States Code, are amended by inserting after ``authority,'' the following: ``including but not limited to tampering with the conduct of federally funded scientific research or analysis, censoring the findings of federally funded scientific research or analysis, or directing the dissemination of scientific information known by the directing employee to be false or misleading,''. (b) Conforming Amendments.-- (1) Section 1212(a)(3) of title 5, United States Code, is amended by inserting after ``authority,'' the following: ``including but not limited to tampering with the conduct of federally funded scientific research or analysis, censoring the findings of federally funded scientific research or analysis, or directing the dissemination of scientific information known by the directing employee to be false or misleading,''. (2) Section 1213(a) of such title is amended-- (A) in paragraph (1)(B), by inserting after ``authority,'' the following: ``including but not limited to tampering with the conduct of federally funded scientific research or analysis, censoring the findings of federally funded scientific research or analysis, or directing the dissemination of scientific information known by the directing employee to be false or misleading,''; and (B) in paragraph (2)(B), by inserting after ``authority,'' the following: ``including but not limited to tampering with the conduct of federally funded scientific research or analysis, censoring the findings of federally funded scientific research or analysis, or directing the dissemination of scientific information known by the directing employee to be false or misleading,''. SEC. 5. REQUIREMENTS RELATING TO FEDERAL SCIENTIFIC ADVISORY COMMITTEES. (a) Bar on Litmus Tests.--All appointments to Federal scientific advisory committees shall be made without regard to political affiliation, unless required by Federal statute. (b) Designation of Members as Special Government Employees or Representatives.-- (1) An individual appointed to a Federal scientific advisory committee who is not a full-time or permanent part- time officer or employee of the Federal Government shall be designated, by the agency to which the committee reports, as either-- (A) a special Government employee, if the individual is providing advice based on the individual's expertise or experience; or (B) a representative, if the individual is representing the views of individuals or entities outside the Federal Government. (2) An agency shall review the members of each Federal scientific advisory committee that reports to the agency to determine whether each member's designation is appropriate, and to redesignate members if appropriate. Such review shall be made when the committee's charter expires or, in the case of a committee with an indefinite charter, every 2 years. (c) Ensuring Independent Advice and Expertise.-- (1) Each agency shall, to the extent permitted by law, appoint individuals to Federal scientific advisory committees as special government employees. (2) Each agency shall make its best efforts to ensure that-- (A) no individual appointed to serve on a Federal scientific advisory committee has a conflict of interest that is relevant to the functions to be performed, unless such conflict is promptly and publicly disclosed and the agency determines that the conflict is unavoidable; and (B) each report of the advisory committee will be the result of the advisory committee's independent judgment and include a statement indicating the process used by the advisory committee in formulating the recommendations or conclusions contained in the report. (3) Each agency shall require that individuals that the agency appoints or intends to appoint to serve on a Federal scientific advisory committee inform the agency of the individual's conflicts of interest that are relevant to the functions to be performed. (4) If an agency determines that representative members are required on a Federal scientific advisory committee, the Advisory Committee Management Officer of the agency shall consult with the designated agency ethics official to ensure that the designation is appropriate and necessary to fulfilling the committee's purpose. (5) The designated agency ethics official of each agency shall issue guidance to ensure that Federal scientific advisory committees are providing sufficiently independent advice and expertise. (6) The Administrator for General Services shall conduct an annual review of compliance by agencies with this subsection and shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs and Homeland Security of the Senate a report on the results of the review. (d) Disclosure of Information.-- (1) Items required to be disclosed.--With respect to each Federal scientific advisory committee established before, on, or after the date of the enactment of this Act, the agency to which the committee reports shall make available as described in paragraph (2) the following information, at a minimum: (A) The charter of the committee. (B) A description of the committee formation process, including at least-- (i) the process for identifying prospective members; (ii) the process of selecting members for balance of viewpoints or expertise; and (iii) a justification of the need for representative members, if any. (C) A list of all current members, including, for each member, the following: (i) The name of any person or entity that nominated the member. (ii) Whether the member is designated as a special Government employee or a representative. (iii) In the case of a representative, the individuals or entity whose viewpoint the member represents. (D) A list of all special Government employees who have received conflict of interest waivers under section 208(b) of title 18, United States Code, under regulations issued by the Office of Government Ethics, a summary description of the conflict necessitating the waiver, and the reason for granting the waiver. (E) A summary of the process used by the committee for making decisions. (F) Transcripts of all meetings of the committee. (G) Notices of future meetings of the committee. (2) Methods of disclosure.-- (A)(i) Except as provided in clause (ii), the information required to be disclosed by an agency under this subsection shall be available electronically, including on the official public Internet site of the agency, at least 7 calendar days before each meeting of a Federal scientific advisory committee. (ii) In the case of a transcript of a meeting of a Federal scientific advisory committee, the transcript shall be disclosed by an agency under this subsection not later than 7 calendar days after the meeting. (B) The Administrator of General Services shall provide, on the official public Internet site of the General Services Administration, electronic access to the information made available by each agency under subparagraph (A). SEC. 6. PEER REVIEW. (a) Agency-Directed Peer Review.--Each agency shall determine a peer review process appropriate for the agency's functions and needs. (b) Ineffectiveness of Information Quality Bulletin for Peer Review.--The Information Quality Bulletin for Peer Review, issued in final form by the Office of Management and Budget on December 16, 2004 (70 Fed. Reg. 2664; January 14, 2005), shall not apply to any agency that has established its own peer review process. The Office of Management and Budget shall not take any action to discourage an agency from determining and establishing a peer-review process appropriate for its needs. SEC. 7. STATE OF SCIENTIFIC INTEGRITY REPORT. By January 15 of each year, beginning with January 15, 2006, the Director of the Office of Science and Technology Policy shall provide to Congress a report addressing-- (1) major controversies regarding scientific integrity that arose during the year, and the current status of such controversies, including controversies brought to the attention of the Director by members of Congress; (2) by agency and with respect to the period covered by the report-- (A) the number of instances in which the amendments made by sections 3(a), 3(b), and 4(a), respectively, were violated; and (B) a brief description of the violations to which the information under subparagraph (A) relates, excluding any information that identifies or makes possible the identification of any individual; (3) Federal policy changes during the year related to scientific integrity, including changes that affect the right to publish, the use of data, communications with the public, participation in professional scientific activities, and Federal advisory committee membership; and (4) administration efforts specifically designed to further scientific integrity. SEC. 8. DEFINITIONS. In this Act: (1) Federal scientific advisory committee.--The term ``Federal scientific advisory committee'' means any advisory committee established in whole or in part to provide expert scientific advice, or to provide policy advice based in whole or in part on an assessment of scientific information. (2) Advisory committee.--The term ``advisory committee'' has the meaning provided in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.). (3) Agency.--The term ``agency'' has the same meaning as in section 551(1) of title 5, United States Code. (4) Scientific.--The term ``scientific'' means relating to the natural, medical, or social sciences or engineering, encompassing, but not limited to, the fields considered related to science and engineering by the National Science Foundation. (5) Tampering.--The term ``tampering'' means improperly altering or obstructing so as to substantially distort, or directing others to do so. (6) Censorship.--The term ``censorship'' means improper prevention of the dissemination of valid and nonclassified scientific findings. (7) Special government employee.--The term ``special Government employee'' has the same meaning as in section 202(a) of title 18, United States Code. (8) Advisory committee management officer.--The term ``Advisory Committee Management Officer'' means the officer designated under section 8(b) of the Federal Advisory Committee Act (5 U.S.C. App.). (9) Designated agency ethics official.--The term ``designated agency ethics official'' has the same meaning as in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.).

Restore Scientific Integrity to Federal Research and Policymaking Act - Prohibits a federal employee from engaging in: (1) tampering with the conduct of federally funded scientific research or analysis; (2) censorship of findings of such research or analysis; or (3) directing the dissemination of scientific information known by the directing employee to be false or misleading. Sets forth a penalty for violations of such prohibition. Includes under prohibited personnel practices the taking or failing to take, or threatening to take or failing to take, a personnel action with respect to any employee because of: (1) the development or dissemination, within the scope of employment, of scientific research or analysis that the employee reasonably believes to be accurate and valid; (2) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences an abuse of authority, including but not limited to, tampering with the conduct of federally funded scientific research or analysis, censoring the findings of such research or analysis, or directing the dissemination of scientific information known by the directing employee to be false or misleading. Sets forth requirements relating to federal scientific advisory committees. States that all appointments to such committees shall be made without regard to political affiliation, unless required by federal statute. Directs each federal agency to determine a peer review process that is appropriate for the agency's functions and needs. Prohibits "The Information Quality Bulletin for Peer Review", issued on December 16, 2004, from applying to any agency that has established its own peer review process. Prohibits the Office of Management and Budget from taking any action to discourage an agency from determining and establishing a peer-review process appropriate for its needs. Requires the Director of the Office of Science and Technology Policy to provide annual reports regarding scientific integrity.

A bill to protect scientific integrity in Federal research and policymaking.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Atlantic Tunas Convention Authorization Act of 1993''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971h) is amended to read as follows: ``Sec. 10. There are authorized to be appropriated to carry out this Act, including use for payment of United States share of the joint expenses of the Commission as provided in article X of the Convention, the following sums: ``(1) For fiscal year 1994, $2,750,000, of which $50,000 are authorized in the aggregate for the advisory committee established under section 4 and the species working groups established under section 4A, and $1,500,000 are authorized for research activities under this Act. ``(2) For fiscal year 1995, $4,000,000, of which $62,000 are authorized in the aggregate for such advisory committee and such working groups, and $2,500,000 are authorized for such research activities. ``(3) For fiscal year 1996, $4,000,000 of which $75,000 are authorized in the aggregate for such advisory committee and such working groups, and $2,500,000 are authorized for such research activities.''. SEC. 3. ADVISORY COMMITTEE PROCEDURES. Section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b) is amended-- (1) by designating the existing text as subsection (a); and (2) by adding at the end the following new subsection: ``(b)(1) A majority of the members of the advisory committee shall constitute a quorum, but one or more such members designated by the advisory committee may hold meetings to provide for public participation and to discuss measures relating to the United States implementation of Commission recommendations. All decisions of the advisory committee shall be by a three-fifths majority vote of the members present and voting. ``(2) The advisory committee shall elect a Chairman from among its members. ``(3) The advisory committee shall meet at appropriate times and places at least twice a year, at the call of the Chairman or upon the request of the majority of its voting members, the United States Commissioners, the Secretary, or the Secretary of State. ``(4)(A) The Secretary shall provide to the advisory committee such administrative and technical support services as are necessary for the effective functioning of the committee. ``(B) The Secretary and the Secretary of State shall furnish the advisory committee with relevant information concerning fisheries and international fishery agreements. ``(5) The advisory committee shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this Act, the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and the Convention. The advisory committee shall publish and make available to the public a statement of its organization, practices, and procedures.''. SEC. 4. RESEARCH ACTIVITIES. (a) Report to Congress.--The Secretary of Commerce shall, within 90 days after the date of enactment of this Act, report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives-- (1) identifying current governmental and nongovernmental research activities on Atlantic bluefin tuna and other highly migratory species; (2) describing the personnel and budgetary resources allocated to such activities; and (3) explaining how each activity contributes to the conservation and management of Atlantic bluefin tuna and other highly migratory species. (b) Research Program.--Section 3 of the Act of September 4, 1980 (16 U.S.C. 971i) is amended-- (1) by amending the section heading to read as follows: ``SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.''; (2) by striking the last sentence; (3) by inserting ``(a) Biennial Report on Bluefin Tuna.--'' immediately before ``The Secretary of Commerce shall''; and (4) by adding at the end the following new subsection: ``(b) Highly Migratory Species Research.--(1) Within 6 months after the date of enactment of this subsection, the Secretary of Commerce, in cooperation with the advisory committee established under section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b) and in consultation with the United States Commissioners on the International Commission for the Conservation of Atlantic Tunas and the Secretary of State, shall develop and implement a comprehensive research program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species that shall-- ``(A) identify and define the range of stocks of highly migratory species in the Atlantic Ocean, including Atlantic bluefin tuna; and ``(B) provide for appropriate program participation by nations participating in the Commission. ``(2) The program shall provide for, but not be limited to-- ``(A) statistically designed tagging studies; ``(B) genetic and biochemical stock analyses; ``(C) population censuses carried out through aerial surveys of fishing grounds; ``(D) adequate observer coverage of commercial and recreational fishing activity; ``(E) collection of real-time data on commercial and recreational catches and landings, including charter operations, fishing tournaments, and private anglers; ``(F) studies of the life history parameters of Atlantic bluefin tuna and other highly migratory species; and ``(G) integration of data from all sources and the preparation of data bases to support management decisions.''. SEC. 5. ACTIONS TO IMPROVE CONSERVATION. (a) Findings.--The Congress makes the following findings: (1) Atlantic bluefin tuna and other highly migratory species are valuable commercial and recreational fisheries of the United States. (2) The vessels of many countries, including the United States, fish for Atlantic bluefin tuna and other highly migratory species in the Atlantic Ocean and the Mediterranean Sea. (3) The International Commission for the Conservation of Atlantic Tunas (hereinafter referred to as the ``Commission'') is the international entity established to adopt recommendations and develop international agreements for the conservation and management of Atlantic bluefin tuna and other highly migratory species in the Atlantic Ocean and the Mediterranean Sea. (4) In the last 25 years Atlantic bluefin tuna stocks and other stocks of highly migratory species have declined from historic levels. (5) Countries that are not members of the Commission are having a detrimental impact on the recovery of Atlantic bluefin tuna stocks and other stocks of highly migratory species by fishing throughout the Atlantic Ocean and the Mediterranean Sea without regard for conservation and management recommendations and agreements adopted by the Commission. (6) For management purposes, the Commission has adopted a working hypothesis of two stocks of Atlantic bluefin tuna: a western stock found in the Atlantic Ocean west of 45 degrees west longitude (hereinafter referred to as the ``45 degree line''), and an eastern stock found in the Atlantic Ocean east of the 45 degree line and in the Mediterranean Sea. (7) The existing scientific evidence is inconclusive with respect to the working hypothesis of two stocks, and the extent to which each of the hypothesized stocks migrates across the 45 degree line is unknown. (8) The Commission adopted conservation and management recommendations and agreements in 1974 to ensure the recovery and sustainability of all Atlantic bluefin tuna throughout the Atlantic Ocean and the Mediterranean Sea. (9) In recent years, the Commission has adopted additional, more restrictive conservation and management recommendations and agreements for Atlantic bluefin tuna, for countries that fish for Atlantic bluefin tuna west of the 45 degree line. (10) The United States and other countries that are members of the Commission and that fish west of the 45 degree line have implemented all conservation and management recommendations and agreements for Atlantic bluefin tuna adopted by the Commission that apply west of the 45 degree line. The implementing regulations have been vigorously enforced by the Secretary of Commerce and the Coast Guard. (11) Many other countries that are members of the Commission do not comply with conservation and management recommendations and agreements for Atlantic bluefin tuna adopted by the Commission that apply east of the 45 degree line and in the Mediterranean Sea. This noncompliance undermines the recovery of Atlantic bluefin tuna stocks. (12) Recent large increases in the catch of Atlantic bluefin tuna within 100 miles east of the 45 degree line by countries that are members of the Commission may be having a detrimenal impact on the recovery of Atlantic bluefin tuna and probably do not comply with recommendations and agreements of the Commission. (b) Objectives.--It is the sense of the Congress that-- (1) the United States and the Commission should continue to promote the conservation and management of Atlantic bluefin tuna and other highly migratory species throughout the Atlantic Ocean and the Mediterranean Sea; (2) the United States should obtain commitments through the Commission, from all countries that are signatories to the International Convention for the Conservation of Atlantic Tunas and that are not in compliance with all of the conservation and management recommendations and agreements for Atlantic bluefin tuna and all other highly migratory species that have been adopted by the Commission, that those countries will immediately comply with those recommendations and agreements; (3) the United States should continue to encourage all other countries whose vessels fish for Atlantic bluefin tuna and other highly migratory species in the Atlantic Ocean or the Mediterranean Sea to comply with the conservation and management recommendations and agreements adopted for those species by the Commission; (4) if vessels of a country fish in the Atlantic Ocean or the Mediterranean Sea for Atlantic bluefin tuna or another highly migratory species without complying with conservation and management recommendations and agreements of the Commission, such fishing will be considered by the Congress to diminish the effectiveness of an international fishery conservation program, and as such will be considered by the Congress to be certifiable under section 8(a)(1) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(1)); (5) the United States should encourage countries that have significant markets for Atlantic bluefin tuna and other highly migratory species to prohibit the importation of those species from countries whose vessels fish for such species without regard for the conservation and management recommendations and agreements adopted by the Commission; (6) the United States should continue to explore, through the Commission, the appropriateness of working hypotheses of the Commission that Atlantic stocks of highly migratory species can be delineated by lines of latitude or longitude and, specifically, that there are two stocks of Atlantic bluefin tuna delineated by the 45 degree line; and (7) the United States should seek through the Commission an agreement to ensure that if the Commission uses any line to divide stocks of Atlantic bluefin tuna for management purposes and adopts for that stock conservation and management recommendations and agreements for one side of the line that are more restrictive than the conservation and management recommendations and agreements adopted by the Commission for the other side of the line, then any fishing for Atlantic bluefin tuna within 10 degrees of the line shall be conducted in compliance with those more restrictive recommendations and agreements.

Atlantic Tunas Convention Authorization Act of 1993 - Amends the Atlantic Tunas Convention Act of 1975 to authorize appropriations to carry out the Act. Regulates operational matters for the advisory committee established by the Act, including regarding quorums, a chairman, meetings, and administrative and technical support. Mandates a report on governmental and nongovernmental research on Atlantic bluefin tuna and other highly migratory species. Amends Federal law to remove a provision authorizing appropriations for a currently-mandated biennial report on bluefin tuna. Mandates a comprehensive research program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species, including identifying and defining the range of stocks. Declares the sense of the Congress regarding: (1) such conservation and management; (2) foreign compliance with recommendations and agreements adopted by the International Commission for the Conservation of Atlantic Tunas; (3) possible certification under the Fishermen's Protective Act of 1967; (4) prohibitions by other countries on the importation of such species into those countries from countries whose vessels fish without regard for the recommendations and agreements; (5) exploration of the hypotheses that stocks can be divided by lines of latitude or longitude; and (6) if stocks are divided, application of the recommendations and agreements to tuna fishing within a specified distance of the line.

Atlantic Tunas Convention Authorization Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlawful Internet Gambling Funding Prohibition Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Internet gambling is primarily funded through personal use of bank instruments, including credit cards and wire transfers. (2) The National Gambling Impact Study Commission in 1999 recommended the passage of legislation to prohibit wire transfers to Internet gambling sites or the banks which represent them. (3) Internet gambling is a major cause of debt collection problems for insured depository institutions and the consumer credit industry. (4) Internet gambling conducted through offshore jurisdictions has been identified by United States law enforcement officials as a significant money laundering vulnerability. SEC. 3. POLICIES AND PROCEDURES REQUIRED TO PREVENT PAYMENTS FOR UNLAWFUL INTERNET GAMBLING. (a) Regulations.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Federal functional regulators shall prescribe regulations requiring any designated payment system to establish policies and procedures reasonably designed to identify and prevent restricted transactions in any of the following ways: (1) The establishment of policies and procedures that-- (A) allow the payment system and any person involved in the payment system to identify restricted transactions by means of codes in authorization messages or by other means; and (B) block restricted transactions identified as a result of the policies and procedures developed pursuant to subparagraph (A). (2) The establishment of policies and procedures that prevent the acceptance of the products or services of the payment system in connection with a restricted transaction. (b) Requirements for Policies and Procedures.--In prescribing regulations pursuant to subsection (a), the Federal functional regulators shall-- (1) identify types of policies and procedures, including nonexclusive examples, which would be deemed to be ``reasonably designed to identify'' and ``reasonably designed to block'' or to ``prevent the acceptance of the products or services'' with respect to each type of transaction, such as, should credit card transactions be so designated, identifying transactions by a code or codes in the authorization message and denying authorization of a credit card transaction in response to an authorization message; (2) to the extent practical, permit any participant in a payment system to choose among alternative means of identifying and blocking, or otherwise preventing the acceptance of the products or services of the payment system or participant in connection with, restricted transactions; and (3) consider exempting restricted transactions from any requirement under subsection (a) if the Federal functional regulators find that it is not reasonably practical to identify and block, or otherwise prevent, such transactions. (c) Compliance With Payment System Policies and Procedures.--A creditor, credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local network utilized to effect a credit transaction, electronic fund transfer, or money transmitting service, or a participant in such network, meets the requirement of subsection (a) if-- (1) such person relies on and complies with the policies and procedures of a designated payment system of which it is a member or participant to-- (A) identify and block restricted transactions; or (B) otherwise prevent the acceptance of the products or services of the payment system, member, or participant in connection with restricted transactions; and (2) such policies and procedures of the designated payment system comply with the requirements of regulations prescribed under subsection (a). (d) Enforcement.-- (1) In general.--This section shall be enforced by the Federal functional regulators and the Federal Trade Commission under applicable law in the manner provided in section 505(a) of the Gramm-Leach-Bliley Act. (2) Factors to be considered.--In considering any enforcement action under this subsection against any payment system, or any participant in a payment system that is a creditor, credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local network utilized to effect a credit transaction, electronic fund transfer, or money transmitting service, or a participant in such network, the Federal functional regulators and the Federal Trade Commission shall consider the following factors: (A) The extent to which such person is extending credit or transmitting funds knowing the transaction is in connection with unlawful Internet gambling. (B) The history of such person in extending credit or transmitting funds knowing the transaction is in connection with unlawful Internet gambling. (C) The extent to which such person has established and is maintaining policies and procedures in compliance with regulations prescribed under this subsection. (D) The feasibility that any specific remedy prescribed can be implemented by such person without substantial deviation from normal business practice. (E) The costs and burdens the specific remedy will have on such person. SEC. 4. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Restricted transaction.--The term ``restricted transaction'' means any transaction or transmittal to any person engaged in the business of betting or wagering, in connection with the participation of another person in unlawful Internet gambling, of-- (A) credit, or the proceeds of credit, extended to or on behalf of such other person (including credit extended through the use of a credit card); (B) an electronic fund transfer or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of the other person; (C) any check, draft, or similar instrument which is drawn by or on behalf of the other person and is drawn on or payable at or through any financial institution; or (D) the proceeds of any other form of financial transaction as the Federal functional regulators may prescribe by regulation which involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of the other person. (2) Bets or wagers.--The term ``bets or wagers''-- (A) means the staking or risking by any person of something of value upon the outcome of a contest of others, a sporting event, or a game subject to chance, upon an agreement or understanding that the person or another person will receive something of greater value than the amount staked or risked in the event of a certain outcome; (B) includes the purchase of a chance or opportunity to win a lottery or other prize (which opportunity to win is predominantly subject to chance); (C) includes any scheme of a type described in section 3702 of title 28, United States Code; (D) includes any instructions or information pertaining to the establishment or movement of funds in an account by the bettor or customer with the business of betting or wagering; and (E) does not include-- (i) any activity governed by the securities laws (as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934) for the purchase or sale of securities (as that term is defined in section 3(a)(10) of such Act); (ii) any transaction conducted on or subject to the rules of a registered entity or exempt board of trade pursuant to the Commodity Exchange Act; (iii) any over-the-counter derivative instrument; (iv) any other transaction that-- (I) is excluded or exempt from regulation under the Commodity Exchange Act; or (II) is exempt from State gaming or bucket shop laws under section 12(e) of the Commodity Exchange Act or section 28(a) of the Securities Exchange Act of 1934; (v) any contract of indemnity or guarantee; (vi) any contract for insurance; (vii) any deposit or other transaction with a depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act); (viii) any participation in a simulation sports game or an educational game or contest that-- (I) is not dependent solely on the outcome of any single sporting event or nonparticipant's singular individual performance in any single sporting event; (II) has an outcome that reflects the relative knowledge and skill of the participants with such outcome determined predominantly by accumulated statistical results of sporting events; and (III) offers a prize or award to a participant that is established in advance of the game or contest and is not determined by the number of participants or the amount of any fees paid by those participants; and (ix) any lawful transaction with a business licensed or authorized by a State. (3) Designated payment system defined.--The term ``designated payment system'' means any system utilized by any creditor, credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local network utilized to effect a credit transaction, electronic fund transfer, or money transmitting service, or any participant in such network, that the Federal functional regulators determine, by regulation or order, could be utilized in connection with, or to facilitate, any restricted transaction. (4) Federal functional regulator.--The term ``Federal functional regulator'' has the same meaning as in section 509(2) of the Gramm-Leach-Bliley Act. (5) Internet.--The term ``Internet'' means the international computer network of interoperable packet switched data networks. (6) Unlawful internet gambling.--The term ``unlawful Internet gambling'' means to place, receive, or otherwise transmit a bet or wager by any means which involves the use, at least in part, of the Internet where such bet or wager is unlawful under any applicable Federal or State law in the State in which the bet or wager is initiated, received, or otherwise made. (7) Other terms.-- (A) Credit; creditor; and credit card.--The terms ``credit'', ``creditor'', and ``credit card'' have the meanings given such terms in section 103 of the Truth in Lending Act. (B) Electronic fund transfer.--The term ``electronic fund transfer''-- (i) has the meaning given such term in section 903 of the Electronic Fund Transfer Act; and (ii) includes any fund transfer covered by Article 4A of the Uniform Commercial Code, as in effect in any State. (C) Financial institution.--The term ``financial institution''-- (i) has the meaning given such term in section 903 of the Electronic Fund Transfer Act; and (ii) includes any financial institution, as defined in section 509(3) of the Gramm-Leach- Bliley Act. (D) Money transmitting business and money transmitting service.--The terms ``money transmitting business'' and ``money transmitting service'' have the meanings given such terms in section 5330(d) of title 31, United States Code. SEC. 5. COMMON SENSE RULE OF CONSTRUCTION. No provision of this Act shall be construed as altering, limiting, extending, changing the status of, or otherwise affecting any law relating to, affecting, or regulating gambling within the United States. Passed the House of Representatives June 10, 2003. Attest: JEFF TRANDAHL, Clerk.

Unlawful Internet Gambling Funding Prohibition Act - Directs Federal functional regulators, within six months of this Act's enactment, to prescribe regulations requiring any designated payment system to establish policies and procedures reasonably designed to: (1) identify restricted transactions by means of code in authorization messages or other means and to block such transactions; and (2) prevent the acceptance of the products or services of the payment system in connection with a restricted transaction. Defines a "restricted transaction" as any transaction or transmittal to anyone engaged in the business of betting or wagering in connection with another person's participation in unlawful Internet gambling of credit, electronic fund transfers, checks, or the proceeds of any other form of financial transaction as regulators may prescribe. Requires such regulators and the Federal Trade Commission to enforce such regulations (under applicable law in the manner provided under the Gramm-Leach-Bliley Act) after considering specified factors concerning the extent of the violation, the history of compliance, and the feasibility and burden of implementing a remedy. Requires regulators to consider exempting restricted transactions if the regulators find that it is not reasonably practical to identify and block, or otherwise prevent, such transactions.Provides that no provision of this Act shall be construed as affecting any law relating to, affecting, or regulating gambling within the United States.

To prevent the use of certain bank instruments for unlawful Internet gambling, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Piracy Reprisal and Capture Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) That the terrorist attacks on September 11, 2001 were acts of air piracy contrary to the law of nations. (2) That the terrorist attacks were not just criminal actions, but belligerent attacks designed to destroy the sovereign independence of the United States of America contrary to the law of nations. (3) That the perpetrators of the terrorist attacks were aided and abetted by enemy belligerents contrary to the law of nations. (4) That similar acts of air piracy are planned for future execution by persons and organizations enjoying safe harbor by nations contrary to the law of nations. (5) That the lives, liberties, and properties of the American people have been taken, and are threatened to be taken, by acts of air piracy contrary to the law of nations. (6) That under Article I, section 8 of the United States Constitution, Congress has the power to define and punish piracies and other offenses against the laws of nations. (7) That under Article I, section 8 of the United States Constitution, Congress has the powers to grant letters of marque and reprisal and to make rules concerning captures on land and water. SEC. 3. DEFINITIONS. (1) For the purpose of chapter 81, title 18, United States Code, the term ``piracy as defined by the law of nations'' means robbery on the high seas and in the air. (2) For the purposes of chapter 81, title 18, United States Code, and chapter 7, title 33, United States Code, terms ``vessel'' includes ``aircraft'' and ``port'' include ``airport''. SEC. 4. PUNISHMENTS FOR PIRACY. Chapter 81 of title 18, United States Code, is amended-- (1) in section 1651-- (A) by inserting ``or in the skies'' after ``on the high seas''; and (B) by inserting ``or if death results, may be sentenced to death'' after ``life''; (2) in section 1652-- (A) by inserting ``or in the skies'' after ``on the high seas''; and (B) by inserting ``or, if death results may be sentenced to death'' after ``life''; (3) in section 1653-- (A) by inserting ``on land, or in the sky'' after ``on the sea''; and (B) by inserting ``or, if death results may be sentenced to death'' after ``life''; (4) in section 1654-- (A) by inserting ``or within'' after ``without''; (B) by inserting ``or any individual aboard any such private vessel of war or privateer, whether it be a ship or aircraft'' after ``privateer''; (C) by striking ``fined under this title or''; and (D) by striking ``not more than ten years or both.'' and inserting ``for life.''; (5) in section 1655-- (A) by inserting ``or an airman, including steward, stewardess, pilot, copilot or other airplane officer'' after ``being a seaman''; (B) by inserting ``, including the pilot or copilot of an aircraft'' after ``upon his commander''; (C) by inserting ``or persons'' after ``or goods''; and (D) by inserting ``or if death results, may be sentenced to death'' after ``life''; (6) in section 1656-- (A) by inserting ``or being a captain, pilot, or other officer or service member of an aircraft'' after ``the United States,''; (B) by inserting ``or flies'' after ``runs''; and (C) by inserting ``or if death results, may be sentenced to death'' after ``fined under this title''; and (7) in section 1657-- (A) by inserting ``or captain, pilot, copilot or service member'' after ``mariner''; (B) by inserting ``or fly'' after ``run''; (C) by inserting ``or passenger'' after ``merchandise''; (D) by inserting ``or in the skies'' after ``upon the seas'' both places it appears; (E) by inserting ``or being an airman confines the pilot of any aircraft'' after ``of any vessel''; and (F) before the dash by striking ``three'' and inserting ``ten''. SEC. 5. SUPPRESSION OF PIRACY. (a) Expansion of Application of Piracy Laws.--For purposes of sections 4293 through 4299b of the Revised Statutes of the United States, as amended by this Act, each of the terms ``piratical aggressions and depredation'' and ``act of piracy'' includes all such aggressions, depredations, and other such acts whether committed upon land or sea or in the air in relation to any ship or aircraft. (b) Conforming Amendments.--The Revised Statutes of the United States are amended as follows: (1) In section 4293 (33 U.S.C. 381)-- (A) by inserting ``, including commercial aircraft,'' after ``merchant vessels''; and (B) by inserting ``, or of the citizens thereof,'' after ``the United States''. (2) In section 4294 (33 U.S.C. 382), by inserting ``or in the skies'' immediately after ``upon the high seas''. (3) In section 4295 (33 U.S.C. 383)-- (A) by inserting ``and lawful passengers'' after ``crew''; and (B) by inserting ``, including commercial aircraft,'' after ``merchant vessel''. (4) In section 4298 (33 U.S.C. 386)-- (A) by striking ``or the commanders of any other suitable vessels,'' and inserting ``or the commander or other leader of any other suitable entity operating under the authority of any letters of marque and reprisal granted by Congress''; and (B) by inserting ``, or, whether on the high seas, in the skies or on land, subdue, seize, and take persons and property, using such force as may be necessary to defend the lives, liberties, and property of the citizens of the United States against piratical aggressions and degradations, as authorized by any letter of marque and reprisal granted by Congress'' after ``that section''. (c) Treatment of Property and Persons Identified in Letter of Marque and Reprisal.--The Revised Statutes of the United States are further amended by inserting after section 4299 the following new sections: ``Sec. 4299a. Property identified as subject to seizure under a duly issued letter of marque and reprisal shall be deemed enemy property and subject to confiscation and forfeiture, and further, shall be deemed the property of the captors or of the United States in such proportions as provided for in the letter of marque and reprisal pursuant to which said property was seized. ``Sec. 4299b. Any person identified as subject to seizure under a duly issued letter of marque and reprisal shall be deemed an enemy belligerent of the United States and subject to court-martial jurisdiction thereof for punishment of any violation of the laws of nations, such person to be transferred into the custody of the United States as provided for in the letter of marque and reprisal pursuant to which such person was seized.''.

Air Piracy Reprisal and Capture Act of 2001 - Amends the Federal criminal code to expand provisions regarding: (1) piracy on the high seas to cover piracy in the skies and on land and, if death results, to authorize imposition of the death sentence; (2) arming or serving on privateers to increase penalties; (3) assault on a commander (as piracy) to cover assault on any airplane officer; (4) conversion or surrender of a vessel to cover aircraft and aircraft officers or service members and, if death results, to provide for the death sentence; and (5) corruption of seamen and confederating with pirates to cover aircraft and to increase penalties.Amends the Revised Statutes of the United States to expand the application of piracy laws to acts committed upon land or in the air. Modifies a provision regarding the commissioning of private vessels for seizure of piratical vessels to authorize the President to instruct the leader of any suitable entity operating under the authority of any letters of marque and reprisal granted by Congress, whether on the high seas, in the skies, or on land, to subdue, seize, and take persons and property, using force as necessary to defend the lives, liberties, and property of U.S. citizens. Deems: (1) property identified as subject to seizure under such a letter subject to confiscation and forfeiture; and (2) any person so identified as subject to seizure subject to court-martial jurisdiction and to transfer into U.S. custody.

To amend title 18, United States Code, and the Revised Statutes of the United States to provide punishment for, and to authorize the issuance of letters of marque and reprisal against acts of air piracy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009''. SEC. 2. SHORT TITLE. Section 1 of the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 5601 note; Public Law 102-259) is amended to read as follows: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Morris K. Udall and Stewart L. Udall Foundation Act'.''. SEC. 3. FINDINGS. Section 3 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5601) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) the Foundation-- ``(A) since 1995, has operated exceptional scholarship, internship, and fellowship programs for areas of study related to the environment and Native American tribal policy and health care; ``(B) since 1999, has provided valuable environmental conflict resolution services and leadership through the United States Institute for Environmental Conflict Resolution; and ``(C) is committed to continue making a substantial contribution toward public policy in the future by-- ``(i) playing a significant role in developing the next generation of environmental and Native American leaders; and ``(ii) working with current leaders to improve decisionmaking on-- ``(I) challenging environmental, energy, and related economic problems; and ``(II) tribal governance and economic issues; ``(6) Stewart L. Udall, as a member of Congress, Secretary of the Interior, environmental lawyer, and author, has provided distinguished national leadership in environmental and Native American policy for more than 50 years; ``(7) as Secretary of the Interior from 1961 to 1969, Stewart L. Udall oversaw the creation of 4 national parks, 6 national monuments, 8 national seashores and lakeshores, 9 recreation areas, 20 historic sites, and 56 wildlife refuges; and ``(8) it is fitting that the leadership and vision of Stewart L. Udall in the areas of environmental and Native American policy be jointly honored with that of Morris K. Udall through the foundation bearing the Udall name.''. SEC. 4. DEFINITIONS. Section 4 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5602) is amended-- (1) in paragraph (1), by striking ``Morris K. Udall Scholarship and Excellence in National Environmental Policy''; (2) in paragraph (5), by striking ``Scholarship and Excellence in National Environmental Policy'' and inserting ``and Stewart L. Udall''; and (3) in paragraph (9), by striking ``Scholarship and Excellence in National Environmental Policy'' and inserting ``and Stewart L. Udall''. SEC. 5. ESTABLISHMENT OF FOUNDATION. Section 5 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5603) is amended-- (1) in the section heading, by striking ``scholarship and excellence in national environmental policy'' and inserting ``and stewart l. udall''; (2) in subsection (a), by striking ``Scholarship and Excellence in National Environmental Policy'' and inserting ``and Stewart L. Udall''; and (3) in subsection (f)(2), by striking ``the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5, United States Code'' and inserting ``a rate determined by the Board in accordance with section 5383 of title 5, United States Code''. SEC. 6. AUTHORITY OF FOUNDATION. Section 7 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5605) is amended-- (1) in subsection (a)(5)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) to conduct training, research, and other activities under section 6(7).''; and (2) by striking subsection (b) and inserting the following: ``(b) Udall Scholars.--Recipients of scholarships, fellowships, and internships under this Act shall be known as `Udall Scholars', `Udall Fellows', and `Udall Interns', respectively.''. SEC. 7. ESTABLISHMENT OF TRUST FUND. Section 8 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5606) is amended-- (1) in the section heading, by striking ``scholarship and excellence in national environmental policy'' and inserting ``and stewart l. udall''; and (2) in subsection (a), by striking ``Scholarship and Excellence in National Environmental Policy'' and inserting ``and Stewart L. Udall''. SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND. Section 9(a) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5607(a)) is amended by inserting before the period at the end the following: ``, including a reasonable amount for official reception and representation expenses, as determined by the Board, not to exceed $5,000 for a fiscal year''. SEC. 9. USE OF INSTITUTE BY FEDERAL AGENCY OR OTHER ENTITY. Section 11 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5607b) is amended by adding at the end the following: ``(f) Agency Management or Control.--Use of the Foundation or Institute to provide independent and impartial assessment, mediation, or other dispute or conflict resolution under this section shall not be considered to be the establishment or use of an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.).''. SEC. 10. ADMINISTRATIVE PROVISIONS. Section 12(a) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5608(a)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1)(A) appoint such personnel as may be necessary to carry out the provisions of this Act, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and ``(B) fix the compensation of the personnel appointed under subparagraph (A) at a rate not to exceed the maximum rate for employees in grade GS-15 of the General Schedule under section 5332 of title 5, United States Code, except that up to 4 employees (in addition to the Executive Director under section 5(f)(2)) may be paid at a rate determined by the Board in accordance with section 5383 of that title.''; (2) in paragraph (6), by striking ``and'' at the end; (3) by redesignating paragraph (7) as paragraph (8); and (4) by inserting after paragraph (6) the following: ``(7) to rent office space in the District of Columbia or its environs; and''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Section 13 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5609) is amended-- (1) in subsection (a), by striking ``is authorized to be appropriated to the Trust Fund $40,000,000'' and inserting ``are authorized to be appropriated to the Trust Fund such sums as are necessary''; and (2) by striking subsection (b) and inserting the following: ``(b) Environmental Dispute Resolution Fund.--There are authorized to be appropriated to the Environmental Dispute Resolution Fund established under section 10(a) such sums as are necessary for the operating costs of the Institute.''. Passed the House of Representatives July 28, 2009. Attest: LORRAINE C. MILLER, Clerk.

Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009 - (Sec. 2) Amends the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to rename the Act as the Morris K. Udall and Stewart L. Udall Foundation Act. (Sec. 3) Adds to the Act's findings to salute Stewart L. Udall's leadership in environmental and Native American policy as a member of Congress, Secretary of the Interior, environmental lawyer, and author. (Sec. 5) Renames the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation as the Morris K. Udall and Stewart L. Udall Foundation. Requires the Executive Director of the Foundation to be paid at a senior executive rate. (Sec. 6) Directs the Foundation to award grants to the Udall Center for Studies in Public Policy, at the University of Arizona, to conduct training, research, and other activities with regard to the involvement of Native American and Alaska Native professionals in health care and public policy. Refers to recipients of scholarships, fellowships, and internships under the Act as Udall Scholars, Udall Fellows, and Udall Interns, respectively. (Currently, they are known as Morris K. Udall Scholars.) (Sec. 7) Renames the Morris K. Udall Scholarship and Excellence in National Environmental Policy Trust Fund, the Morris K. Udall and Stewart L. Udall Trust Fund. Allows the use of reasonable amounts of the Trust Fund for official reception and representation expenses, not to exceed $5,000 for a fiscal year. (Sec. 9) Declares that the use of the Foundation or the United States Institute for Environmental Conflict Resolution for independent and impartial assessment, mediation, or other related services in connection with a dispute or conflict related to the environment, public lands, or natural resources shall not be considered the establishment or use of an advisory committee within the meaning of the Federal Advisory Committee Act. (Sec. 10) Sets forth administrative provisions that allow the Foundation to: (1) appoint personnel without regard to federal law provisions governing appointments in the competitive service; (2) pay up to four employees, in addition to the Executive Director, at senior executive pay rates; and (3) rent office space in the District of Columbia or its environs.

To amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to honor the legacy of Stewart L. Udall, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patients' Right to Know Act''. SEC. 2. HEALTH BENEFITS PLAN INFORMATION TRANSPARENCY. (a) Ensuring Consumer and Provider Access to Health Benefits Plan Information.-- (1) In general.--Each entity offering a health benefits plan (as defined in subsection (d)) shall make available to enrollees and potential enrollees of such plan the following information: (A) The items and services that are included as part of the coverage offered by such plan and the items and services that are not so included. (B) An explicit and clear list of limitations and restrictions in the health insurance coverage offered, along with a description of such limitations and restrictions. (C) A description of the process available for appealing coverage decisions made by such plan. (D) The number of appeals related to coverage decisions made during the previous calendar year and the outcomes of such appeals. (E) The amount of cost-sharing (including premiums, deductibles, copayments, co-insurance, maximum possible annual out-of-pocket expenditure, and maximum possible lifetime out-of-pocket expenditure) required by such plan. (F) The number of participating providers according to medical specialty type. (G) The extent to which a particular health care provider accepts coverage provided by such plan and the extent to which such a provider participates in the provider network of such plan. (H) The percentage of total expenditures made by such plan during the previous calendar year that are attributable to administrative costs and an explanation of all the assumptions and factors used to calculate such percentage. (I) The plan terms and conditions, claims payment policies and practices, periodic financial disclosure, data on enrollment and disenrollment, data on the number of claims denials, data on rating practices, information on cost-sharing and payments with respect to in-network and out-of-network coverage, and any other information determined by the Secretary of Health and Human Services to be beneficial to consumers or medical providers. (J) Information the Secretary of Health and Human Services deems appropriate regarding the amount of waste and fraud in the operations of such plan, efforts to address such waste and fraud, and the outcomes of such efforts. The requirement under this paragraph (including subparagraph (H)) shall apply only to entities offering health benefits plans (as defined in subsection (d)). (2) Out-of-pocket cost-sharing transparency.-- (A) In general.--An entity offering a health benefits plan shall disclose, upon request of an enrollee of such plan, the amount of out-of-pocket cost-sharing (including deductibles, copayments, and coinsurance) under such plan that the enrollee would be responsible for paying with respect to the furnishing of a specific item or service by a provider participating in such plan in a timely manner. At a minimum, such information shall be made available to the enrollee, upon request, prior to seeking care, and shall be provided in a manner that allows such enrollee to compare providers based on such information. (B) Health care quality information to be disclosed.--In disclosing information described in subparagraph (A), an entity offering a health benefits plan shall, to the extent practicable and appropriate, associate such information with any available risk- adjusted quality data measures. The Secretary may specify that such measures include those that have been endorsed by the National Quality Forum. (3) Advance notice of plan changes.--An entity offering a health benefits plan shall not make a change to such plan without reasonable and timely advance notice of such change to enrollees of such plan. (4) Contracting reimbursement transparency.--An entity offering a health benefits plan shall disclose to each health care provider information relating to the reimbursement arrangements between such plan and such provider. (b) Administrative Provisions and Information Design.-- (1) Timely disclosure and updates; additional information disclosures.-- (A) Timely disclosure and updates.--Each entity offering a health benefits plan shall provide for timely access to information described in subsection (a) and consistent with such subsection, including through an Internet website. Such information shall first be made available not later than 18 months after the date of the enactment of this Act. Such information shall be updated as often as is deemed feasible by the Secretary of Health and Human Services, but not less than once a calendar quarter. (B) Additional information disclosures.--The Secretary may undertake rulemaking as necessary in order to ensure that additional information, as specified by the Secretary, is progressively made available by entities offering health benefits plans, in order to provide for the maximum feasible reporting of information to meet the needs of consumers and providers of health care in making determinations with regard to health care items, insurance, and services. In no case shall such additional information be required to be made available by any entity other than an entity offering a health benefits plan (as defined in subsection (d)). (2) Information design.-- (A) In general.--Each entity offering a health benefits plan shall ensure that the information described in paragraph (1) is made available in a manner that-- (i) is in a format that is easily accessible, useable, and understandable to enrollees and potential enrollees of the plan as well as health care providers as applicable; (ii) uses language that the intended audience can readily understand and that is clean, concise, well-organized, and follows other best practices of language writing; and (iii) to the greatest extent feasible, permits an individual to search the information by a user-defined geographic area, such as within a 50-mile radius of the user's home address. (B) Enabling consumers to compare information.--The Secretary of Health and Human Services shall, by final rule issued not later than 12 months after the date of the enactment of this Act, require entities offering health benefits plans to disclose the information described in subsection (a)(1) in such a format as to allow individuals to compare the coverage options available to them in as uniform a manner as possible. (c) Penalty.--The Secretary shall provide for a methodology to impose a penalty fee against each entity offering a health benefits plan that fails to substantially meet the requirements of subsections (a) and (b). Such methodology shall-- (1) provide for an increased penalty amount in the case of such an entity that knowingly misrepresents information required to be disclosed under subsection (a) or under regulations issued pursuant to subsection (b)(1)(B); (2) vary the amount of such fee based on the size of the entity involved and type of infraction. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a penalty fee imposed under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (d) Entity Offering a Health Benefits Plan Defined.--For the purposes of this section, the term ``entity offering a health benefits plan'' means a health insurance issuer with respect to the offering of health insurance coverage, including in the individual market and small and large group market (as such terms are defined in section 2791 of the Public Health Service Act); a plan sponsor with respect to the offering of a group health plan (as defined in such section 2791); and entities responsible for the administration of governmental health plans (including the Centers for Medicare & Medicaid Services with respect to the Medicare program under title XVIII of the Social Security Act, State agencies responsible for administration of State plans under the Medicaid program under title XIX of such Act or State child assistance plans under the State Children's Health Insurance Program under title XXI of such Act, and the Office of Personnel Management with respect to the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code). SEC. 3. HOSPITAL AND AMBULATORY SURGICAL CENTER PRICE AND QUALITY TRANSPARENCY. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) by striking ``and'' at the end of paragraph (72); (2) by striking the period at the end of paragraph (73) and inserting ``; and''; (3) by inserting after paragraph (73) the following new paragraph: ``(74) provide that the State will establish and maintain laws, in accordance with the requirements of section 1921A, to require disclosure of information on hospital and ambulatory surgical center charges and quality, to make such information available to the public and the Secretary.''; and (4) by inserting after section 1921 the following new section: ``SEC. 1921A. PRICE AND QUALITY TRANSPARENCY. ``(a) In General.--The requirements referred to in section 1902(a)(74) are that the laws of a State must-- ``(1) require reporting to a State (or its agent) by each hospital located therein, of information on-- ``(A) the charges for inpatient and outpatient services typically performed (as defined by the Secretary through notice and comment rulemaking) by such hospital; ``(B) the reimbursement amount under title XVIII and under the State plan under this title for such services; and ``(C) if the hospital allows for or provides reduced charges for individuals based on financial need, the factors considered in making determinations for reductions in charges, including any formula for such determination and the contact information for the specific department of a hospital that responds to such inquiries; ``(2) provide for notice to individuals seeking or requiring such services of the availability of information on charges described in paragraph (1); ``(3) provide for timely access to such information, including at least through an Internet website, by individuals seeking or requiring such services; and ``(4) provide for timely access to information regarding the quality of care at each hospital made publicly available in accordance with section 501 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, section 1139A, or section 1139B. ``(b) Application to Ambulatory Surgical Centers.--The requirements described in subsection (a) shall apply, to the greatest extent practicable, to ambulatory surgical centers in the same manner as such requirements apply to hospitals, except that in applying paragraph (4) of such subsection, the references described in such paragraph shall be deemed to be a reference to section 1833(i)(7). ``(c) Consultation With Stakeholders.--For purposes of carrying out this section, the Secretary shall consult with appropriate stakeholders through a formal process to obtain guidance prior to issuing any implementing policies. ``(d) Hospital Defined.--For the purposes of this section, the term `hospital' means an institution that meets the requirements of paragraphs (1) and (7) of section 1861(e) and includes an institution to which section 1820(c) applies. ``(e) Ambulatory Surgical Center Defined.--For purposes of this section, the term `ambulatory surgical center' means a center described in section 1832(a)(2)(F)(i).'' (b) Effective Date.-- (1) In general.--The amendments made by subsection (a) shall apply to State plans beginning not later than 2 years after the date of the enactment of this Act. (2) Existing programs.--The Secretary of Health and Human Services shall establish a process by which a State with an existing program may certify to the Secretary that its program satisfies the requirements of section 1921A of the Social Security Act, as inserted by subsection (a).

Patients' Right to Know Act - Requires each entity offering a health benefits plan to make available to enrollees and potential enrollees specified information, including covered items and services, a list of limitations and restrictions, the claims appeal process, out-of-pocket cost-sharing, among other things. Amends title XIX (Medicaid) of the Social Security Act to require the state Medicaid plan to provide that the state will establish and maintain laws to require disclosure to the public and the Secretary of information on hospital and ambulatory surgical center prices and quality.

To ensure health care consumer and provider access to certain health benefits plan information and to amend title XIX of the Social Security Act to provide transparency in hospital price and quality information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Energy Research, Development, and Demonstration Act of 2003''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Cost and performance goals.--The term ``cost and performance goals'' means the cost and performance goals established under section 101(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. TITLE I--COAL RESEARCH AND DEVELOPMENT SEC. 101. COAL AND RELATED TECHNOLOGIES PROGRAMS. (a) Establishment of Cost and Performance Goals.-- (1) In general.--The Secretary shall perform an assessment that identifies cost and performance goals, for achievement in 2007, 2015, and the years after 2020, for technologies that would permit the continued cost-competitive use of coal for electricity generation, as chemical feedstocks, and as transportation fuel. (2) Consultation.--In establishing the cost and performance goals under this subsection, the Secretary shall-- (A) consider activities and studies undertaken by industry in cooperation with the Department of Energy in support of the assessment performed under paragraph (1); and (B) consult with interested entities, including coal producers, industries using coal, organizations to promote coal and advanced coal technologies, environmental organizations, and organizations representing workers. (3) Timing.--The Secretary shall-- (A) not later than 120 days after the date of enactment of this Act, issue a set of draft cost and performance goals for public comment; and (B) not later than 180 days after the date of enactment of this Act, after taking into consideration any public comments received, transmit to Congress the final cost and performance goals. (b) Study.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and once every 2 years thereafter through 2016, the Secretary, in cooperation with other appropriate Federal agencies, shall conduct and transmit to the Congress a study to-- (A) identify technologies that, by themselves or in combination with other technologies, may be capable of achieving the cost and performance goals; (B) assess the costs that would be incurred by, and the period of time that would be required for, the development and demonstration of technologies that, by themselves or in combination with other technologies, contribute to the achievement of the cost and performance goals; (C) develop recommendations for technology development programs, which the Department of Energy could carry out in cooperation with industry, to develop and demonstrate technologies that, by themselves or in combination with other technologies, achieve the cost and performance goals; and (D) develop recommendations for additional authorities required to achieve the cost and performance goals and review and recommend changes, if any, to those cost and performance goals if the Secretary determines that such changes are necessary as a result of ongoing research, development, and demonstration of technologies. (2) Expert advice.--In carrying out this subsection, the Secretary shall give due weight to the expert advice of representatives of the entities described in subsection (a)(2)(B). SEC. 102. PRODUCTION AND GENERATION OF COAL-BASED POWER. (a) In General.--The Secretary shall carry out a technology research, development, and demonstration program to facilitate production and generation of coal-based power through methods and equipment under-- (1) this title; (2) the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.); (3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.); and (4) title XVI of the Energy Policy Act of 1992 (42 U.S.C. 13381 et seq.). (b) Conditions.--The program described in subsection (a) shall be designed to achieve the cost and performance goals. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary $200,000,000 for fiscal year 2005, $210,000,000 for fiscal year 2006, and $220,500,000 for fiscal year 2007, to remain available until expended, for carrying out the program under section 102, which may include-- (1) innovations for existing plants; (2) integrated gasification combined cycle; (3) advanced combustion systems; (4) turbines for synthesis gas derived from coal; (5) carbon capture and sequestration research and development; (6) coal-derived transportation fuels and chemicals; (7) solid fuels and feedstocks; (8) advanced coal-related research; and (9) advanced separation technologies. (b) Limit on Use of Funds.--The Secretary shall not use funds appropriated under this section until 30 days after the Secretary has transmitted to the Congress a report describing the proposed use of such funds and containing a plan that includes-- (1) a detailed description of how proposals, if any, will be solicited and evaluated, including a list of all activities expected to be undertaken; (2) a detailed list of technical milestones for each coal and related technology that will be pursued; and (3) a description of how the programs for which such funds are authorized will be carried out so as to complement and not duplicate activities authorized under the Clean Coal Power Initiative authorized under title II. TITLE II--CLEAN COAL POWER INITIATIVE SEC. 201. PROJECT CRITERIA. (a) In General.--The Secretary shall provide funding under this title for coal energy generation projects that advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that on a full scale are in operation or have been demonstrated as of the date of enactment of this Act. (b) Technical Criteria for Clean Coal Power Initiative.-- (1) Gasification.-- (A) Technologies.--In allocating the funds made available under section 204(a), the Secretary shall ensure that up to 80 percent of the funds are used for coal-based gasification technologies, including gasification combined cycle, gasification fuel cells, gasification coproduction, and hybrid gasification/ combustion projects. (B) Technical milestones.--The Secretary shall set technical milestones specifying emissions levels for projects funded under this paragraph. The milestones shall be designed to increasingly restrict emissions levels through the life of the program. The milestones shall be designed to achieve by 2020 coal gasification projects able-- (i) to remove 99 percent of sulfur dioxide; (ii) to emit no more than .05 lb of NO<INF>X</INF> per million BTU; (iii) to achieve substantial reductions in mercury emissions; and (iv) to achieve a thermal efficiency of-- (I) 60 percent for coal of more than 9,000 Btu; (II) 59 percent for coal of 7,000 to 9,000 Btu; and (III) 50 percent for coal of less than 7,000 Btu. (2) Other projects.--For projects not described in paragraph (1), the Secretary shall set technical milestones specifying emissions levels. The milestones shall be designed to increasingly restrict emissions levels through the life of the program. The milestones shall be designed to achieve by 2010 projects able-- (A) to remove 97 percent of sulfur dioxide; (B) to emit no more than .08 lb of NO<INF>X</INF> per million BTU; (C) to achieve substantial reductions in mercury emissions; and (D) except as provided in paragraph (4), to achieve a thermal efficiency of-- (i) 45 percent for coal of more than 9,000 Btu; (ii) 44 percent for coal of 7,000 to 9,000 Btu; and (iii) 40 percent for coal of less than 7,000 Btu. (3) Consultation.--Before setting the technical milestones under paragraphs (1)(B) and (2), the Secretary shall consult with the Administrator of the Environmental Protection Agency and interested entities, including coal producers, industries using coal, organizations to promote coal or advanced coal technologies, environmental organizations, and organizations representing workers. (4) Existing units.--In the case of projects at coal- powered electricity generating facilities existing as of the date of enactment of this Act, in lieu of the thermal efficiency requirements set forth in paragraph (1)(B)(iv) and (2)(D), the projects shall be designed to achieve an overall thermal efficiency improvement, compared to the efficiency of the unit as of the date of enactment of this Act, of not less than-- (A) 7 percent for coal of more than 9,000 Btu; (B) 6 percent for coal of 7,000 to 9,000 Btu; and (C) 4 percent for coal of less than 7,000 Btu. (5) Permitted uses.--In allocating amounts made available under this title, the Secretary may fund projects that include as part of the project the separation and capture of carbon dioxide. (c) Financial Criteria.--The Secretary shall not provide a funding award under this title unless the recipient has documented to the satisfaction of the Secretary that-- (1) the award recipient is financially viable without the receipt of additional Federal funding; (2) the recipient will provide sufficient information to the Secretary for the Secretary to ensure that the award funds are spent efficiently and effectively; and (3) a market exists for the technology being demonstrated or applied, as evidenced by statements of interest in writing from potential purchasers of the technology. (d) Financial Assistance.--The Secretary shall provide financial assistance to projects that meet the requirements of subsections (a), (b), and (c) and are likely to-- (1) achieve overall cost reductions in the utilization of coal to generate useful forms of energy; (2) improve the competitiveness of coal among various forms of energy in order to maintain a diversity of fuel choices in the United States to meet electricity generation requirements; and (3) demonstrate methods and equipment that are applicable to 25 percent of the electricity generating facilities that use coal as the primary feedstock as of the date of the enactment of this Act. (e) Federal Share.--The Federal share of the cost of a project funded under this title shall not exceed 50 percent. (f) Applicability.--No technology, or level of emission reduction, shall be treated as adequately demonstrated for purposes of any other statute solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities receiving assistance under this title, unless this title is specifically referenced in such statute. SEC. 202. REPORT. Not later than 1 year after the date of the enactment of this Act, and once every 2 years thereafter through 2012, the Secretary, in consultation with other appropriate Federal agencies, shall transmit to the Congress a report describing-- (1) the technical milestones set forth in section 201 and how those milestones ensure progress toward meeting the requirements of subsections (b)(1)(B) and (b)(2) of section 201; and (2) the status of projects funded under this title. SEC. 203. CLEAN COAL CENTERS OF EXCELLENCE. As part of the program authorized under this title, the Secretary shall award competitive, merit-based grants to universities for the establishment of Centers of Excellence for Energy Systems of the Future. The Secretary shall provide grants to universities that can show the greatest potential for advancing new clean coal technologies. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. (a) Clean Coal Power Initiative.--Except as provided in subsection (b), there are authorized to be appropriated to the Secretary to carry out the activities authorized by this title $200,000,000 for each of the fiscal years 2005 through 2013, to remain available until expended. (b) Limit on Use of Funds.-- (1) Obligation of funds.--The Secretary is authorized to obligate the use of funds under this section prior to the fiscal year such funds are authorized for under subsection (a), subject to appropriations. (2) Report.--The Secretary shall transmit to the Congress a report describing the proposed use of funds which includes-- (A) a detailed assessment of whether the aggregate funding levels provided under subsection (a) are the appropriate funding levels for this title; (B) a detailed description of how proposals will be solicited and evaluated, including a list of all activities expected to be undertaken; (C) a detailed list of technical milestones for each technology that will be pursued; and (D) a detailed description of how the initiative under this title will avoid problems enumerated in General Accounting Office reports on the Clean Coal Technology Program, including problems that have resulted in unspent funds and projects that failed either financially or scientifically. (3) Use of funds.--The Secretary may not use funds appropriated under this section until 30 days have elapsed after receipt of the report under paragraph (2). (c) Applicability.--Subsection (b) shall not apply to any project selected before September 30, 2004.

Coal Energy Research, Development, and Demonstration Act of 2003 - Instructs the Secretary of Energy to: (1) perform an assessment that identifies cost and performance goals of technologies permitting continued cost-competitive use of coal for electricity generation, as chemical feedstocks, and as transportation fuel in 2007, 2015, and the years after 2020; and (2) implement a technology research, development, and demonstration program to facilitate production and generation of coal-based power through methods and equipment under specified Federal law.Prescribes technical criteria for a clean coal power initiative under which the Secretary shall fund coal energy generation projects that advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that on a full scale are in operation or have been demonstrated to date.Instructs the Secretary to award competitive, merit-based grants to universities for the establishment of Centers of Excellence for Energy Systems of the Future.

To provide for research, development, and demonstration on coal and related technologies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conrad State 30 and Physician Access Act''. SEC. 2. CONRAD STATE 30 PROGRAM. Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``and before September 30, 2015''. SEC. 3. RETAINING PHYSICIANS WHO HAVE PRACTICED IN MEDICALLY UNDERSERVED COMMUNITIES. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F)(i) Alien physicians who have completed service requirements of a waiver requested under section 203(b)(2)(B)(ii), including alien physicians who completed such service before the date of the enactment of the Conrad State 30 and Physician Access Act and any spouses or children of such alien physicians. ``(ii) Nothing in this subparagraph may be construed-- ``(I) to prevent the filing of a petition with the Secretary of Homeland Security for classification under section 204(a) or the filing of an application for adjustment of status under section 245 by an alien physician described in this subparagraph prior to the date by which such alien physician has completed the service described in section 214(l) or worked full-time as a physician for an aggregate of 5 years at the location identified in the section 214(l) waiver or in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals; or ``(II) to permit the Secretary of Homeland Security to grant such a petition or application until the alien has satisfied all the requirements of the waiver received under section 214(l).''. SEC. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. (a) In General.--Section 214(l)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(1)(C)) is amended by striking clauses (i) and (ii) and inserting the following: ``(i) the alien demonstrates a bona fide offer of full-time employment, at a health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; and ``(ii) the alien agrees to begin employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals by the later of the date that is 90 days after receiving such waiver, 90 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1), or 90 days after receiving nonimmigrant status or employment authorization, and agrees to continue to work for a total of not less than 3 years in any status authorized for such employment under this subsection unless-- ``(I) the Secretary determines that extenuating circumstances exist that justify a lesser period of employment at such facility or organization, in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization, for the remainder of such 3-year period; ``(II) the interested State agency that requested the waiver attests that extenuating circumstances exist that justify a lesser period of employment at such facility or organization in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization so designated by the Secretary of Health and Human Services, for the remainder of such 3-year period; or ``(III) if the alien elects not to pursue a determination of extenuating circumstances pursuant to subclause (I) or (II), the alien terminates the alien's employment relationship with such facility or organization, in which case the alien shall be employed for the remainder of such 3-year period, and 1 additional year for each termination, at another health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and''. (b) Contract Requirements.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)) is amended by adding at the end the following: ``(4) An alien granted a waiver under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that-- ``(A) specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time; ``(B) specifies whether the contracting facility or organization will pay for the alien's malpractice insurance premiums, including whether the employer will provide malpractice insurance and, if so, the amount of such insurance that will be provided; ``(C) describes all of the work locations that the alien will work and a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver; and ``(D) does not include a non-compete provision. ``(5) An alien granted a waiver under paragraph (1)(C) whose employment relationship with a health facility or health care organization terminates during the 3-year service period required by such paragraph-- ``(A) shall have a period of 120 days beginning on the date of such termination of employment to submit to the Secretary of Homeland Security applications or petitions to commence employment with another contracting health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and ``(B) shall be considered to be maintaining lawful status in an authorized stay during the 120-day period referred to in subsection (A).''. SEC. 5. ALLOTMENT OF CONRAD 30 WAIVERS. (a) In General.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), as amended by section 4(b), is further amended by adding at the end the following: ``(6)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. ``(ii) When an allocation has occurred under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. ``(B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers granted is 5 percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph, in which case-- ``(i) the number of waivers allotted shall be decreased by 5 for all States beginning in the next fiscal year; and ``(ii) each additional 5 percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30.''. (b) Academic Medical Centers.--Section 214(l)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(1)(D)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) in the case of a request by an interested State agency-- ``(I) the head of such agency determines that the alien is to practice medicine in, or be on the faculty of a residency program at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulations, or similar successor regulation), without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and ``(II) the head of such agency determines that-- ``(aa) the alien physician's work is in the public interest; and ``(bb) the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B) and subject to paragraph (6)) in accordance with the conditions of this clause to exceed 3.''. SEC. 6. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. (a) Dual Intent for Physicians Seeking Graduate Medical Training.-- Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section)'' and inserting ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i), except subclause (b1) of such section, and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j))''. (b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is amended by striking ``an alien described in section 101(a)(15)(H)(i)(b).'' and inserting ``any status authorized for employment under this Act.''. (c) Physician National Interest Waiver Clarifications.-- (1) Practice and geographic area.--Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) and (bb) and inserting the following: ``(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or ``(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest.''. (2) Five-year service requirement.--Section 203(b)(2)(B)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)(II)) is amended-- (A) by inserting ``(aa)'' after ``(II)''; and (B) by adding at the end the following: ``(bb) The 5-year service requirement of item (aa) shall be counted from the date the alien physician begins work in the shortage area in any legal status and not the date an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. ``(cc) An alien physician shall not be required to submit an employment contract with a term exceeding the balance of the 5-year commitment yet to be served, nor an employment contract dated within a minimum time period prior to filing of a visa petition pursuant to this subsection. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. (d) Technical Clarification Regarding Advanced Degree for Physicians.--Section 203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)) is amended by adding at the end ``An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent.''. (e) Short-Term Work Authorization for Physicians Completing Their Residencies.--A physician completing graduate medical education or training as described in section 212(j) of the Immigration and Nationality Act (8 U.S.C. 1182(j)) as a nonimmigrant described section 101(a)(15)(H)(i) of such Act (8 U.S.C. 1101(a)(15)(H)(i)) shall have such nonimmigrant status automatically extended until October 1 of the fiscal year for which a petition for a continuation of such nonimmigrant status has been submitted in a timely manner and where the employment start date for the beneficiary of such petition is October 1 of that fiscal year. Such physician shall be authorized to be employed incident to status during the period between the filing of such petition and October 1 of such fiscal year. However, the physician's status and employment authorization shall terminate 30 days from the date such petition is rejected, denied or revoked. A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all visas as described in such section 101(a)(15)(H)(i) authorized to be issued for the fiscal year have been issued. (f) Applicability of Section 212(e) to Spouses and Children of J-1 Exchange Visitors.--A spouse or child of an exchange visitor described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) shall not be subject to the requirements of section 212(e) of the Immigration and Nationality Act (8 U.S.C. 1182(e)).

  Conrad State 30 and Physician Access Act - Amends the Immigration and Nationality Technical Corrections Act of 1994 to make the J-1 visa waiver (Conrad state 30/medical services in underserved areas) program permanent. Excludes from numerical immigration limitations alien physicians who have completed national interest waiver requirements by working in a health care shortage area (including alien physicians who completed such service before the date of enactment of this Act and any spouses or children of such alien physicians). Sets forth specified employment protections and contract requirements for alien physicians working in underserved areas. Increases the number of alien physicians that a state may be allocated from 30 to 35 per fiscal year under specified circumstances. Provides for additional increases or decreases based upon demand. Provides up to three visa waivers per fiscal year per state for physicians in academic medical centers. Permits dual intent for an alien coming to the United States to receive graduate medical education or training, or to take examinations required for graduate medical education or training. Exempts H-1B nonimmigrant aliens seeking to enter the United States to pursue graduate medical education or training from specified entry limitations.

Conrad State 30 and Physician Access Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Diagnostic Innovations Act of 2012''. SEC. 2. CREATING INCENTIVES FOR INNOVATIVE DIAGNOSTICS. (a) Improvements to Process for Determining Fee Schedule Amounts for New Tests.-- (1) Clarifying factors for rate-setting.-- (A) In general.--In determining the payment amount under gapfilling procedures (as described in section 414.508(b) of title 42, Code of Federal Regulations, or any successor regulation to such section) for new clinical diagnostic laboratory tests under section 1833(h)(8) of the Social Security Act (42 U.S.C. 1395l(h)(8)), the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall take into account, as applicable and available, the following factors with respect to such a new test: (i) Impact on patient care.--The impact of the new test on patient care, patient management, or patient treatment. (ii) Technical characteristics.--The technical characteristics of the new test, and the resources required to develop, validate, and perform the new test. (iii) Claims data.--Data from claims for which payment is made under part B of title XVIII of the Social Security Act. (iv) Laboratory charges.--Amounts charged by laboratories to self-pay patients for the new test. (v) Private insurance rates.--Amounts paid to laboratories for such new test under private health insurance coverage offered in the group market and the individual market. (vi) Advisory panel recommendations.--The findings and recommendations of the independent advisory panel convened under paragraph (2) with respect to that new test and any comments received during the open meeting of the advisory panel. (vii) Additional factors.--Such other factors as the Secretary may specify. (2) Input from patients, clinicians, and technical experts.-- (A) Requirement for independent advisory panel.-- The Secretary shall convene an independent advisory panel from which the Secretary shall request information and recommendations regarding any new test (as referred to under subparagraph (A) of section 1833(h)(8) of the Social Security Act (42 U.S.C. 1395l(h)(8))) for which payment is made under such section, including technical, clinical, and quality information. (B) Composition of independent advisory panel.--The independent advisory panel shall be comprised of 19 members, including-- (i) 4 individuals with expertise and experience with advanced clinical diagnostic laboratory tests, including expertise in the technical characteristics of the new test; (ii) 3 representatives of patients, including a patient representative for rare disorders; (iii) 3 clinicians who use results of the new test in patient care; (iv) 3 individuals with expertise in the requirements to develop, validate, and perform the new test; (v) 2 laboratorians; (vi) 2 experts in the area of pharmacoeconomics or health technology assessment; and (vii) 2 individuals with expertise on the impact of new tests on quality of patient care, including genetic counselors. (C) Terms.--A member of the panel shall be appointed to serve a term of 6 years, except with respect to the members first appointed, whose terms of appointment shall be staggered evenly over 2-year increments. (D) Expert consultants.--The Secretary may include to serve temporarily on the panel individuals who have expertise pertaining to the new test involved. (E) Open meetings.--The Secretary shall receive or review the findings and recommendations of the independent advisory panel with respect to the new tests described in subparagraph (A) involved during a meeting open to the public and provide opportunity for public comment. (F) Clarification of authority of secretary to consult carriers.--Nothing in this section shall be construed as affecting the authority of the Secretary to consult with appropriate Medicare administrative contractors. (b) Process for Assignment of Temporary Codes for Diagnostic Tests.--The Secretary shall establish a process for application for the assignment of a temporary national HCPCS code to uniquely identify a diagnostic test until a permanent national HCPCS code is available for assignment to that test. Assignments of a temporary national HCPCS code shall occur on a quarterly basis. The Secretary shall provide public notice through the Centers for Medicare & Medicaid Services Web site of applications made for such temporary national HCPCS codes. Upon assignment of a temporary code under this process, the Secretary shall treat such test as a new test for purposes of section 1833(h)(8) of the Social Security Act. (c) Development of Further Improvements in Rate-Setting Processes.--The Secretary shall analyze the process used for the gapfilling procedure used in determining payment amounts for new clinical diagnostic laboratory tests under section 1833(h)(8) of the Social Security Act. Taking into account the changes made by this section, the Secretary shall identify further changes to improve the accuracy and appropriateness of resulting rates and the openness, transparency, and predictability of the process. The Secretary shall examine what and how many entities should perform gapfilling, under contract or otherwise, and how to ensure that the process is informed by appropriate expertise and proceeds in a transparent and accountable manner. The Secretary shall implement improvements in the process, insofar as these are possible under the law through regulations, after public notice and opportunity for comment. For changes the Secretary determines would require a change in law, the Secretary shall transmit recommendations to the Speaker of the House and the President of the Senate not later than July 1, 2013. (d) Definitions.--For purposes of this section: (1) New clinical diagnostic laboratory tests.--The term ``new clinical diagnostic laboratory test'' means a clinical diagnostic laboratory test-- (A) that is assigned a new or substantially revised code on or after January 1, 2013; or (B) for which an application for a temporary national HCPCS code is made under subsection (b) on or after January 1, 2013. (2) Self-pay patient.--The term ``self-pay patient'' means, with respect to a health care item or service, an individual who pays out of pocket for such item or service and who does not have health insurance coverage for such item or service. (e) Effective Date.--This section shall take effect on the date of enactment of this Act, and shall apply with respect to new clinical diagnostic laboratory tests.

Improving Diagnostic Innovations Act of 2012 - Sets forth additional factors for the Secretary of Health and Human Services (HHS) to consider in determining the payment amount for new clinical diagnostic laboratory tests under gap filling procedures which are used when no comparable existing test is available. Directs the Secretary to convene an independent advisory panel to inform and make recommendations to the Secretary regarding any new test. Directs the Secretary to: (1) establish a process for application for the assignment of a temporary national HCPCS (Healthcare Common Procedure Coding System) code to uniquely identify a diagnostic test until a permanent national HCPCS code is available for assignment to that test, (2) analyze the process used for the gapfilling procedures used in determining payment amounts for new clinical diagnostic laboratory tests, and (3) implement improvements in the process after public notice and opportunity for comment.

To create incentive for innovative diagnostics by improving the process for determining Medicare payment rates for new tests.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Incentives Act of 1995''. SEC. 2. EXCLUSION OF ADOPTION ASSISTANCE. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. ADOPTION ASSISTANCE. ``(a) In General.--Gross income of an employee does not include employee adoption assistance benefits, or military adoption assistance benefits, received by the employee with respect to the employee's adoption of a child. ``(b) Definitions.--For purposes of this section-- ``(1) Employee adoption assistance benefits.--The term `employee adoption assistance benefits' means payment by an employer of qualified adoption expenses with respect to an employee's adoption of a child, or reimbursement by the employer of such qualified adoption expenses paid or incurred by the employee in the taxable year. ``(2) Employer and employee.--The terms `employer' and `employee' have the respective meanings given such terms by section 127(c). ``(3) Military adoption assistance benefits.--The term `military adoption assistance benefits' means benefits provided under section 1052 of title 10, United States Code, or section 514 of title 14, United States Code. ``(4) Qualified adoption expenses.-- ``(A) In general.--The term `qualified adoption expenses' means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses-- ``(i) which are directly related to, and the principal purpose of which is for, the legal adoption of an eligible child by the taxpayer, and ``(ii) which are not incurred in violation of State or Federal law or in carrying out any surrogate parenting arrangement. ``(B) Eligible child.--The term `eligible child' means any individual-- ``(i) who has not attained age 18 as of the time of the adoption, or ``(ii) who is physically or mentally incapable of caring for himself. ``(c) Coordination With Other Provisions.--The Secretary shall issue regulations to coordinate the application of this section with the application of any other provision of this title which allows a credit or deduction with respect to qualified adoption expenses.'' (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 137 and inserting the following new items: ``Sec. 137. Adoption assistance. ``Sec. 138. Cross references to other Acts.'' (c) Effective Date.--The amendments made this section shall apply to taxable years beginning after December 31, 1995. SEC. 3. WITHDRAWAL FROM IRA FOR ADOPTION EXPENSES. (a) In General.--Subsection (d) of section 408 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Qualified adoption expenses.-- ``(A) In general.--Any amount which is paid or distributed out of an individual retirement plan of the taxpayer, and which would (but for this paragraph) be includible in gross income, shall be excluded from gross income to the extent that-- ``(i) such amount exceeds the sum of-- ``(I) the amount excludable under section 137, and ``(II) any amount allowable as a credit under this title with respect to qualified adoption expenses; and ``(ii) such amount does not exceed the qualified adoption expenses paid or incurred by the taxpayer during the taxable year. ``(B) Qualified adoption expenses.--For purposes of this paragraph, the term `qualified adoption expenses' has the meaning given such term by section 137, except that such term shall not include any expense in connection with the adoption by an individual of a child who is the child of such individual's spouse.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1995.

Adoption Incentives Act of 1995 - Amends the Internal Revenue Code to exclude from gross income: (1) employee and military adoption assistance benefits; and (2) a withdrawal from an individual retirement account for qualified adoption expenses to the extent that such amount exceeds the sum of such benefits plus any credit allowable with respect to such expenses, as long as such amount does not exceed such expenses.

Adoption Incentives Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Carbon Capture and Sequestration Act of 2008''. SEC. 2. TAX CREDIT FOR CARBON DIOXIDE SEQUESTRATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business credits) is amended by adding at the end the following new section: ``SEC. 45Q. CREDIT FOR CARBON DIOXIDE SEQUESTRATION. ``(a) General Rule.--For purposes of section 38, the carbon dioxide sequestration credit for any taxable year is an amount equal to the sum of-- ``(1) $20 per metric ton of qualified carbon dioxide which is-- ``(A) captured by the taxpayer at a qualified facility, and ``(B) disposed of by the taxpayer in secure geological storage, and ``(2) $10 per metric ton of qualified carbon dioxide which is-- ``(A) captured by the taxpayer at a qualified facility, and ``(B) used by the taxpayer as a tertiary injectant in a qualified enhanced oil or natural gas recovery project. ``(b) Qualified Carbon Dioxide.--For purposes of this section-- ``(1) In general.--The term `qualified carbon dioxide' means carbon dioxide captured from an industrial source which-- ``(A) would otherwise be released into the atmosphere as industrial emission of greenhouse gas, and ``(B) is measured at the source of capture and verified at the point of disposal or injection. ``(2) Recycled carbon dioxide.--The term `qualified carbon dioxide' includes the initial deposit of captured carbon dioxide used as a tertiary injectant. Such term does not include carbon dioxide that is re-captured, recycled, and re- injected as part of the enhanced oil and natural gas recovery process. ``(c) Qualified Facility.--For purposes of this section, the term `qualified facility' means any industrial facility-- ``(1) which is owned by the taxpayer, ``(2) at which carbon capture equipment is placed in service, and ``(3) which captures not less than 500,000 metric tons of carbon dioxide during the taxable year. ``(d) Special Rules and Other Definitions.--For purposes of this section-- ``(1) Only carbon dioxide captured and stored or used within the united states taken into account.--The credit under this section shall apply only with respect to qualified carbon dioxide-- ``(A) the capture of which is within the United States (within the meaning of section 638(1)) or a possession of the United States (within the meaning of section 638(2)), and ``(B) which is stored in secure geological storage, or used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project, located within the United States (as so defined) or a possession of the United States (as so defined). ``(2) Secure geological storage.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish regulations for determining adequate security measures for the geological storage of carbon dioxide under subsection (a)(1)(B) such that the carbon dioxide does not escape into the atmosphere. Such term shall include storage at deep saline formations and unminable coal seems under such conditions as the Secretary may determine under such regulations. ``(3) Tertiary injectant.--The term `tertiary injectant' has the same meaning as when used within section 193(b)(1). ``(4) Qualified enhanced oil or natural gas recovery project.--The term `qualified enhanced oil or natural gas recovery project' has the meaning given the term `qualified enhanced oil recovery project' by section 43(c)(2), by substituting `crude oil or natural gas' for `crude oil' in subparagraph (A)(i) thereof. ``(5) Credit attributable to taxpayer.--Any credit under this section shall be attributable to the person that captures and physically or contractually ensures the disposal of or the use as a tertiary injectant of the qualified carbon dioxide, except to the extent provided in regulations prescribed by the Secretary. ``(6) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified carbon dioxide which ceases to be captured, disposed of, or used as a tertiary injectant in a manner consistent with the requirements of this section. ``(7) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2008, there shall be substituted for each dollar amount contained in subsection (a) an amount equal to the product of-- ``(A) such dollar amount, multiplied by ``(B) the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting `2007' for `1990'. ``(e) Application of Section.--The credit under this section shall apply with respect to qualified carbon dioxide before the end of the calendar year in which the Secretary, in consultation with the Administrator of the Environmental Protection Agency, certifies that 75,000,000 metric tons of qualified carbon dioxide have been captured and disposed of or used as a tertiary injectant.''. (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end of following new paragraph: ``(34) the carbon dioxide sequestration credit determined under section 45Q(a).''. (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 (relating to other credits) is amended by adding at the end the following new section: ``Sec. 4QO. Credit for carbon dioxide sequestration.''. (d) Effective Date.--The amendments made by this section shall apply carbon dioxide captured after the date of the enactment of this Act.

Accelerating Carbon Capture and Sequestration Act of 2008 - Amends the Internal Revenue Code to allow a business-related tax credit for the capture and sequestration of carbon dioxide which would otherwise be released into the atmosphere as a greenhouse gas emission.

A bill to amend the Internal Revenue Code of 1986 to allow a credit for the capture and sequestration of carbon dioxide from an industrial source.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore the Partnership Act''. SEC. 2. ESTABLISHMENT. There is established a permanent bipartisan commission to be known as the ``National Commission on Intergovernmental Relations'' (in this Act referred to as the ``Commission''). SEC. 3. DECLARATION OF PURPOSE. In order to facilitate the fullest cooperation and coordination between all levels of government in an increasingly complex society, it is essential that a commission be established to give continuing attention to intergovernmental issues. It is intended that the Commission, in the performance of its duties, will-- (1) bring together representatives of Federal, State, and local governments for the consideration of common problems; (2) provide a forum for discussing the administration and coordination of Federal aid and other programs requiring intergovernmental cooperation; (3) give critical attention to the conditions, controls, and oversight involved in the administration of such Federal programs; and (4) encourage discussion and study during the early stages of emerging public challenges that are likely to require intergovernmental cooperation. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 30 members, as follows: (1) 6 appointed by the President of the United States, 3 of whom shall be officers of the executive branch of the government, and 3 private citizens, each of whom shall have experience or familiarity with relations between the levels of government. (2) 3 appointed by the President of the Senate, who shall be Members of the Senate. (3) 3 appointed by the Speaker of the House of Representatives, who shall be Members of the House. (4) 4 appointed by the President from a panel of at least 8 Governors submitted by the National Governors' Association. (5) 4 appointed by the President from a panel of at least 8 members of State legislative bodies submitted by the National Conference of State Legislatures. (6) 4 appointed by the President from a panel of at least 8 mayors submitted jointly by the National League of Cities and the United States Conference of Mayors. (7) 4 appointed by the President from a panel of at least 8 elected county officers submitted by the National Association of Counties. (8) 2 tribal officials appointed by the Secretary of the Interior from a panel of at least 4 submitted by the National Congress of American Indians. (b) Political and Geographical Composition.-- (1) The members appointed from private life under paragraph (1) of subsection (a) shall be appointed without regard to political affiliation. (2) Of each class of members enumerated in paragraphs (2) and (3) of subsection (a), 2 shall be from the majority party of the respective houses. (3) Of each class of members enumerated in paragraphs (4), (5), (6), and (7) of subsection (a), not more than 2 shall be from any 1 political party. (4) Of each class of members enumerated in paragraphs (5), (6) and (7) of subsection (a), not more than 1 shall be from any 1 State. (5) At least 2 of the appointees under paragraph (6) of subsection (a) shall be from cities with a population of less than 500,000. (6) At least 2 of the appointees under paragraph (7) of subsection (a) shall be from counties with a population of less than 50,000. (7) 1 of the appointees under paragraph (8) of subsection (a) shall be from a gaming tribe and 1 shall be from a non- gaming tribe. (c) Terms.-- (1) In general.--The term of office of each member of the Commission shall be 2 years. Members shall be eligible for reappointment. Except as provided in paragraph (2), members shall serve until their successors are appointed. (2) Termination of service in official position from which originally appointed.--Where any member ceases to serve in the official position from which originally appointed under section 3(a), his or her place on the Commission shall be deemed to be vacant. (3) Vacancies in membership.--Any vacancy in the membership of the Commission shall be filled in the same manner in which the original appointment was made; except that where the number of vacancies is fewer than the number of members specified in paragraphs (4), (5), (6), and (7) of section 3(a), each panel of names submitted in accordance with the aforementioned paragraphs shall contain at least 2 names for each vacancy. SEC. 5. ORGANIZATION OF COMMISSION. (a) Initial Meeting.--The President shall convene the Commission not later than 90 days after the date of enactment of this Act at such time and place as the President may designate. (b) Chairman and Vice Chairman.--The Commission shall designate a Chairman and a Vice Chairman from among members of the Commission. (c) Quorum.--13 members of the Commission shall constitute a quorum, but 2 or more members, representing more than 1 of the class of members enumerated in section 4(a), shall constitute a quorum for the purpose of conducting hearings. SEC. 6. DUTIES OF COMMISSION. The Commission shall-- (1) engage in such activities and make such studies and investigations as are necessary or desirable in the accomplishment of the purposes set forth in section 2; (2) consider, on its own initiative, mechanisms for fostering better relations between the levels of government; (3) make available technical assistance to the executive and legislative branches of the Federal Government in the review of proposed legislation to determine its overall effect on all levels of government; (4) recommend, within the framework of the Constitution, the most desirable allocation of governmental functions, responsibilities, and revenues among the levels of government; (5) recommend methods of coordinating and simplifying tax laws and administrative policies and practices to achieve a more orderly and less competitive fiscal relationship between the levels of government and to reduce the burden of compliance for taxpayers; and (6) submit an annual report to the President and the Congress on or before January 31 of each year. The Commission may also submit such additional reports to the President, to Congress or any committee of Congress, and to any unit of government or organization as the Commission may deem appropriate. SEC. 7. POWERS AND ADMINISTRATIVE PROVISIONS. (a) Hearings and Sessions.--The Commission or, on the authorization of the Commission, any subcommittee or members thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings, take such testimony, and sit and act at such times and places as the Commission deems advisable. Any member authorized by the Commission may administer oaths or affirmations to witnesses appearing before the Commission or any subcommittee or members thereof. (b) Cooperation by Federal Agencies.--Each department, agency, and instrumentality of the executive branch of the government, including independent agencies, is authorized and directed to furnish to the Commission, upon request made by the Chairman or Vice Chairman, such information as the Commission deems necessary to carry out its functions under this Act. (c) Executive Director.--The Commission shall have power to appoint and remove an Executive Director. The Executive Director shall be paid at the rate of basic pay for level III of the Executive Schedule. Such appointment shall be made solely on the basis of fitness to perform the duties of the position and without regard to political affiliation. (d) Staff.--Subject to such rules and regulations as may be adopted by the Commission, the Executive Director shall have the power-- (1) to appoint, fix the compensation of, and remove such other personnel as he deems necessary; and (2) to procure temporary and intermittent services to the same extent as is authorized by law. (e) Applicability of Other Laws to Employees.--Except as otherwise provided in this Act, persons in the employ of the Commission under subsections (c) and (d)(1) shall be considered Federal employees for all purposes. (f) Maximum Compensation of Employees.--No individual in the employ of the Commission under subsection (d)(1) shall be paid compensation for such employment at a rate in excess of the highest rate provided for under the General Schedule. SEC. 8. REIMBURSEMENT. Members of the Commission shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Commission. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. SEC. 10. RECEIPT OF FUNDS; CONSIDERATION BY CONGRESS. The Commission is authorized to receive funds through grants, contracts, and contributions from State and local governments and organizations thereof, and from nonprofit organizations. Such funds may be received and expended by the Commission only for purposes of this Act. In making appropriations to the Commission, Congress shall consider the amount of any funds received by the Commission in addition to those funds appropriated to it by Congress.

Restore the Partnership Act - Establishes a permanent, bipartisan National Commission on Intergovernmental Relations. Requires the Commission to: (1) engage in activities and studies necessary to give continuing attention to intergovernmental issues in order to facilitate cooperation and coordination among all levels of government; (2) consider mechanisms for fostering better relations among the levels of government; (3) make available technical assistance to the federal executive and legislative branches in the review of proposed legislation to determine its overall effect on all levels of government; (4) recommend, within the framework of the Constitution, the most desirable allocation of government functions, responsibilities, and revenues among the levels of government; (5) recommend methods of coordinating and simplifying tax laws and administrative policies and practices to achieve a more orderly and less competitive fiscal relationship among the levels of government and to reduce the burden of compliance for taxpayers; and (6) submit an annual report to the President and Congress.

Restore the Partnership Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Sexual Abuse by School Personnel Act of 2015''. SEC. 2. CRIMINAL BACKGROUND CHECKS FOR SCHOOL EMPLOYEES. (a) In General.--Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: ``SEC. 9537. CRIMINAL BACKGROUND CHECKS FOR SCHOOL EMPLOYEES. ``(a) Criminal Background Check Requirements.-- ``(1) In general.--Each State educational agency and local educational agency that receives funds under this Act shall have in effect policies and procedures that require a criminal background check for each school employee in each covered school served by such State educational agency and local educational agency. ``(2) Requirements.--A background check required under paragraph (1) shall be conducted and administered by-- ``(A) the State; ``(B) the State educational agency; or ``(C) the local educational agency. ``(b) State and Local Uses of Funds.--A State, State educational agency, or local educational agency that receives funds under this Act may use such funds to establish, implement, or improve policies and procedures on background checks for school employees required under subsection (a) to-- ``(1) expand the registries or repositories searched when conducting background checks, such as-- ``(A) the State criminal registry or repository of the State in which the school employee resides; ``(B) the State-based child abuse and neglect registries and databases of the State in which the school employee resides; ``(C) the Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and ``(D) the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919); ``(2) provide school employees with training and professional development on how to recognize, respond to, and prevent child abuse; ``(3) develop, implement, or improve mechanisms to assist covered local educational agencies and covered schools in effectively recognizing and quickly responding to incidents of child abuse by school employees; ``(4) develop and disseminate information on best practices and Federal, State, and local resources available to assist local educational agencies and schools in preventing and responding to incidents of child abuse by school employees; ``(5) develop professional standards and codes of conduct for the appropriate behavior of school employees; ``(6) establish, implement, or improve policies and procedures for covered State educational agencies, covered local educational agencies, or covered schools to provide the results of background checks to-- ``(A) individuals subject to the background checks in a statement that indicates whether the individual is ineligible for such employment due to the background check and includes information related to each disqualifying crime; ``(B) the employer in a statement that indicates whether a school employee is eligible or ineligible for employment, without revealing any disqualifying crime or other related information regarding the individual; ``(C) another employer in the same State or another State, as permitted under State law, without revealing any disqualifying crime or other related information regarding the individual; and ``(D) another local educational agency in the same State or another State that is considering such school employee for employment, as permitted under State law, without revealing any disqualifying crime or other related information regarding the individual; ``(7) establish, implement, or improve procedures that include periodic background checks, which also allows for an appeals process as described in paragraph (8), for school employees in accordance with State policies or the policies of covered local educational agencies served by the covered State educational agency; ``(8) establish, implement, or improve a process by which a school employee may appeal the results of a background check, which process is completed in a timely manner, gives each school employee notice of an opportunity to appeal, and instructions on how to complete the appeals process; ``(9) establish, implement, or improve a review process through which the covered State educational agency or covered local educational agency may determine that a school employee disqualified due to a crime is eligible for employment due to mitigating circumstances as determined by a covered local educational agency or a covered State educational agency; ``(10) establish, implement, or improve policies and procedures intended to ensure a covered State educational agency or covered local educational agency does not knowingly transfer or facilitate the transfer of a school employee if the agency knows that employee has engaged in sexual misconduct, as defined by State law, with an elementary school or secondary school student; ``(11) provide that policies and procedures are published on the website of the covered State educational agency and the website of each covered local educational agency served by the covered State educational agency; ``(12) provide school employees with training regarding the appropriate reporting of incidents of child abuse under section 106(b)(2)(B)(i) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)); and ``(13) support any other activities determined by the State to protect student safety or improve the comprehensiveness, coordination, and transparency of policies and procedures on criminal background checks for school employees in the State. ``(c) No Private Right of Action.--Nothing in this section shall be construed to create a private right of action if a State, covered State educational agency, covered local educational agency, or covered school is in compliance with State regulations and requirements concerning background checks. ``(d) Background Check Fees.--Nothing in this section shall be construed as prohibiting States or local educational agencies from charging school employees for the costs of processing applications and administering a background check as required by State law, provided that the fees charged to school employees do not exceed the actual costs to the State or local educational agency for the processing and administration of the background check. ``(e) State and Local Plan Requirements.--Each plan submitted by a State or local educational agency under title I shall include-- ``(1) an assurance that the State and local educational agency has in effect policies and procedures that meet the requirements of this section; and ``(2) a description of laws, regulations, or policies and procedures in effect in the State for conducting background checks for school employees designed to-- ``(A) terminate individuals in violation of State background check requirements; ``(B) improve the reporting of violations of the background check requirements in the State; ``(C) reduce the instance of school employee transfers following a substantiated violation of the State background check requirements by a school employee; ``(D) provide for a timely process by which a school employee may appeal the results of a criminal background check; ``(E) provide each school employee, upon request, with a copy of the results of the criminal background check, including a description of the disqualifying item or items, if applicable; ``(F) provide the results of the criminal background check to the employer in a statement that indicates whether a school employee is eligible or ineligible for employment, without revealing any disqualifying crime or other related information regarding the individual; and ``(G) provide for the public availability of the policies and procedures for conducting background checks. ``(f) Technical Assistance to States, School Districts, and Schools.--The Secretary, in collaboration with the Secretary of Health and Human Services and the Attorney General, shall provide technical assistance and support to States, local educational agencies, and schools, which shall include, at a minimum-- ``(1) developing and disseminating a comprehensive package of materials for States, State educational agencies, local educational agencies, and schools that outlines steps that can be taken to prevent and respond to child sexual abuse by school personnel; ``(2) determining the most cost-effective way to disseminate Federal information so that relevant State educational agencies and local educational agencies, child welfare agencies, and criminal justice entities are aware of such information and have access to it; and ``(3) identifying mechanisms to better track and analyze the prevalence of child sexual abuse by school personnel through existing Federal data collection systems, such as the School Survey on Crime and Safety, the National Child Abuse and Neglect Data System, and the National Crime Victimization Survey. ``(g) Reporting Requirements.-- ``(1) Reports to the secretary.--A covered State educational agency or covered local educational agency that uses funds pursuant to this section shall report annually to the Secretary on-- ``(A) the amount of funds used; and ``(B) the purpose for which the funds were used under this section. ``(2) Secretary's report card.--Not later than July 1, 2017, and annually thereafter, the Secretary, acting through the Director of the Institute of Education Sciences, shall transmit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a national report card that includes-- ``(A) actions taken pursuant to subsection (f), including any best practices identified under such subsection; and ``(B) incidents of reported child sexual abuse by school personnel, as reported through existing Federal data collection systems, such as the School Survey on Crime and Safety, the National Child Abuse and Neglect Data System, and the National Crime Victimization Survey. ``(h) Rules of Construction Regarding Background Checks.-- ``(1) No federal control.--Nothing in this section shall be construed to authorize an officer or employee of the Federal Government to-- ``(A) mandate, direct, or control the background check policies or procedures that a State or local educational agency develops or implements under this section; ``(B) establish any criterion that specifies, defines, or prescribes the background check policies or procedures that a State or local educational agency develops or implements under this section; or ``(C) require a State or local educational agency to submit such background check policies or procedures for approval. ``(2) Prohibition on regulation.--Nothing in this section shall be construed to permit the Secretary to establish any criterion that-- ``(A) prescribes, or specifies requirements regarding, background checks for school employees; ``(B) defines the term `background checks', as such term is used in this section; or ``(C) requires a State or local educational agency to report additional data elements or information to the Secretary not otherwise explicitly authorized under this section or any other Federal law. ``(i) Definitions.--In this section-- ``(1) the term `covered local educational agency' means a local educational agency that receives funds under this Act; ``(2) the term `covered school' means a public elementary school or public secondary school, including a public elementary or secondary charter school, that receives funds under this Act; ``(3) the term `covered State educational agency' means a State educational agency that receives funds under this Act; and ``(4) the term `school employee' includes, at a minimum-- ``(A) an employee of, or a person seeking employment with, a covered school, covered local educational agency, or covered State educational agency and who, as a result of such employment, has (or, in the case of a person seeking employment, will have) a job duty that includes unsupervised contact or interaction with elementary school or secondary school students; or ``(B) any person, or any employee of any person, who has a contract or agreement to provide services with a covered school, covered local educational agency, or covered State educational agency, and such person or employee, as a result of such contract or agreement, has a job duty that includes unsupervised contact or unsupervised interaction with elementary school or secondary school students.''. (b) Table of Contents.--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 9536 the following: ``Sec. 9537. Criminal background checks for school employees.''.

Stop Sexual Abuse by School Personnel Act of 2015 Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require each state and local educational agency (LEA) that receives funds under the ESEA to have policies and procedures in effect that require a criminal background check for each school employee in the LEA's public elementary and secondary schools. Requires the background check to be conducted and administered by the state or the LEA. Authorizes states or LEAs to use ESEA funds to establish, implement, or improve policies and procedures on background checks for school employees. Lists the policies and procedures to be implemented using that assistance, including training for school employees on how to recognize, respond to, and prevent child abuse. Requires state and LEA school improvement plans (required for receipt of school improvement funds under part A of title I of the ESEA) to describe the laws, regulations, or policies and procedures in effect in the state that: terminate individuals who fail to pass the criminal background check, improve the reporting of those failures, reduce the instances of a school employee being transferred following the employee's failure to pass the background check, provide a school employee with a requested copy of the employee's criminal background check and a timely process for appealing its results, provide the results of the criminal background check to the employer in a statement that indicates whether a school employee is eligible for employment, and make the background check policies and procedures publicly available. Directs the Secretary of Education, in collaboration with the Secretary of Health and Human Services and the Attorney General, to provide technical assistance and support to states, LEAs, and schools that shall include, at a minimum: a comprehensive package of materials that outlines the steps that can be taken to prevent and respond to child sexual abuse by school personnel; the most cost-effective way to disseminate federal information so states, LEAs, child welfare agencies, and criminal justice entities are aware of such information and have access to it; and mechanisms to better track and analyze the prevalence of child sexual abuse by school personnel through existing federal data collection systems.

Stop Sexual Abuse by School Personnel Act of 2015

SECTION 1. SHORT TITLE. This act may be cited as the ``National Coal Heritage Area Act of 1995''. SEC. 2. FINDINGS. (a) Findings.--The Congress finds that: (1) Certain events that led to the development of southern West Virginia's coalfields during the latter part of the 19th Century and the early part of the current century are of national historic and cultural significance in terms of their contribution to the industrialization of the United States, the organization of workers into trade unions and the unique culture of the Appalachian Region. (2) It is in the national interest to preserve and protect physical remnants of this era for the education and benefit of present and future generations. (3) There is a need to provide assistance for the preservation and promotion of those vestiges of southern West Virginia's coal heritage which have outstanding cultural, historic, and architectural values. SEC. 3. ESTABLISHMENT. (A) In General.--For the purpose of preserving and interpreting for the educational and inspirational benefit of present and future generations certain lands and structures with unique and significant historic and cultural values associated with the coal mining heritage of the State of West Virginia and the Nation there is hereby established the National Coal Heritage Area (hereinafter in this Act referred to as the ``Area''). (b) Boundaries.--The Area shall be comprised of the counties in the State of West Virginia that are the subject of the study by the National Park Service, dated 1993, entitled ``A Coal Mining Heritage Study: Southern West Virginia'' conducted pursuant to title VI of Public Law 100-699 (c) Administration.--The Area shall be administered in accordance with this Act. SEC. 4. CONTRACTUAL AGREEMENT. The Secretary of the Interior (hereinafter referred to as the ``Secretary'') is authorized to enter into a contractual agreement with the Governor of the State of West Virginia, acting through the Division of Culture and History and the Division of Tourism and Parks, pursuant to which the Secretary shall assist the State of West Virginia, its units of local government, and non-profit organizations in each of the following: (1) The development and implementation of integrated cultural, historical, and land resource management policies and programs in order to retain, enhance, and interpret the significant values of the lands, waters, and structures of the Area. (2) The preservation, restoration, maintenance, operation, interpretation, and promotion of buildings, structures, facilities, sites, and points of interest for public use that possess cultural, historical, and architectural values associated with the coal mining heritage of the Area. (3) The coordination of activities by Federal, State and local governments and private businesses and organizations in order to further historic preservation and compatible economic revitalization. (4) The development of guidelines and standards for projects, consistent with standards established by the National Park Service, for the preservation and restoration of historic properties, including interpretive methods, that will further history preservation in the region. (5) The acquisition of real property, or interests in real property, for public use by donation or by purchase, that possess cultural, historical, and architectural values associated with the coal mining heritage of the Area from a willing seller with donated or appropriated funds. (6) The assistance referred to in section 7(d). SEC. 5. ELIGIBLE RESOURCES. The resources eligible for the assistance under paragraphs (2) and (5) of section 4 shall include those set forth in appendix D of the study by the National Park Service, dated 1993, entitled ``A Coal Mining Heritage Study: Southern West Virginia'' conducted pursuant to title VI of Public Law 100-699. Priority consideration shall be given to those sites listed as ``Conservation Priorities'' and ``Important Historic Resources'' as depicted on the map entitled ``Study Area: Historic Resources'' in such study. SEC. 6. COAL HERITAGE MANAGEMENT PLAN. (a) In General.--Pursuant to the contractual agreement referred to in section 4, within two years after the date of enactment of this Act, the Governor of the State of West Virginia, acting through the Division of Culture and History and the Division of Tourism and Parks, shall submit to the Secretary a Coal Heritage Management Plan for the Area. The plan shall at a minimum-- (1) set forth the integrated cultural, historic, and land resource management policies and programs referred to in section 4; (2) describe the guidelines and standards for projects referred to in section 4; (3) set forth the responsibilities of the State of West Virginia, units of local government, non-profit entities or of the Secretary to administer any properties acquired pursuant to section 4; and (4) provide for the restoration, preservation, interpretation, and administration of the historic, cultural, and architectural resources of the Bramwell National Historic Site. (b) Plan Approval.--The Secretary shall approve the plan submitted under subsection (a) unless he determines that it would not meet the objectives of this Act. SEC. 7. DESIGNATION OF BRAMWELL NATIONAL HISTORIC SITE. (a) In General.--In order to preserve, restore, and interpret the unique historical, cultural, and architectural values of Bramwell, West Virginia, there is hereby established the Bramwell National Historic Site (hereinafter referred to as the ``Site''). (b) Area Included.--The Site shall consist of the lands and interests therein within the corporate limits of the town of Bramwell. (c) Administration.--The Site shall be administered by the State of West Virginia, an appropriate unit of local government, or a non-profit organization as determined by the management plan referred to in section 6. (d) Duties of the Secretary.--To carry out the purposes of this section, the Secretary shall assist in the implementation of the management plan referred to in section 6. Such assistance shall include, but necessarily be limited to-- (1) faciliting the restoration, preservation, and interpretation of the historic, cultural, and architectural resources of the Site; (2) offsetting the costs of operating and maintaining the Site; and (3) providing for the acquisition of land or interests in land within the boundaries of the Site from willing sellers. (e) Property Owner Rights.--(1) Nothing in this section may be construed as authorizing access to private residential property within the Site for the purpose of conducting visitors through such property, or for any other purpose, without the advice and consent of the owner of such property. (2) The entity referred to in subsection (c) may mark, interpret, restore, and provide technical assistance for the preservation and interpretation of properties with historic or cultural significance within the Site only pursuant to cooperative agreements with the owners of such properties. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, to remain available until expended. SEC. 9. DESIGNATION OF MINERS' MARCH TRAIL AS A STUDY TRAIL. Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding at the end the following new paragraph: ``( ) The route from Lens Creek near Marmet to Blair Mountain in West Virginia traveled by coal miners dramatizing the need for social justice between August 20, 1921, and September 4, 1921, during what is commonly known as the Battle of Blair Mountain.''.

National Coal Heritage Area Act of 1995 - Establishes the National Coal Heritage Area. Authorizes the Secretary of the Interior to contract with the Governor of West Virginia to provide assistance in preserving, restoring, maintaining, operating, and promoting the coal-related facilities of the Area for cultural and historical purposes. Directs the Governor to submit to the Secretary for approval a coal heritage management plan for the Area. Establishes the Bramwell National Historic Site in Bramwell, West Virginia. Authorizes appropriations. Amends the National Trails System Act to designate as a study trail the route traveled by coal miners from Lens Creek near Marmet to Blair Mountain (Miners' March Trail) in West Virginia.

National Coal Heritage Area Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stability and Democracy for Georgia Act of 2008'' or the ``STAND for Georgia Act of 2008''. SEC. 2. DECLARATIONS OF POLICY. Congress makes the following declarations: (1) The United States condemns the attack on the sovereign territory of Georgia by the military of the Russian Federation in August 2008 in contravention of international law, including the United Nations Charter and the Sochi Agreement of 1992 that governed the conduct of Russian peacekeepers in the region of South Ossetia. (2) The United States strongly supports the sovereignty and territorial integrity of Georgia and is committed to working with the European Union and other partners to achieve this objective. (3) The United States appreciates the efforts of the European Union, led by French President Sarkozy, to negotiate a ceasefire agreement to resolve the conflict. (4) The Russian Federation should fully withdraw all troops to their pre-conflict positions. (5) The United States condemns the Russian Federation's recognition of the independence of South Ossetia and Abkhazia, an act that violates legal principles of territorial integrity and undermines the ceasefire agreement. (6) In addition to independent monitors to observe the implementation of the ceasefire agreement, an international peacekeeping force should be established to prevent further violence in the conflict zones of South Ossetia and Abkhazia. SEC. 3. PURPOSES OF ASSISTANCE. The purposes of assistance authorized under this Act are-- (1) to provide humanitarian relief to individuals displaced internally in Georgia as a result of the August 2008 conflict with the Russian Federation, as well as those individuals who fled conflicts in or were expelled from South Ossetia and Abkhazia in the early 1990s; (2) to respond to the direct request from the Government of Georgia for assistance in the rebuilding of its infrastructure following the August 2008 invasion of Georgia by the Russian Federation; (3) to assist Georgia in strengthening its economic and energy infrastructure; (4) to strengthen Georgia's democratic institutions; and (5) to enhance the relationship between the United States and Georgia. SEC. 4. AUTHORIZATION OF ASSISTANCE. (a) In General.--The President is authorized to provide assistance for Georgia to support the activities described in subsection (b). (b) Activities Supported.--Activities that may be supported by assistance under subsection (a) include the following: (1) Urgent humanitarian needs.--To assist efforts in meeting the urgent humanitarian needs of the people of Georgia, including-- (A) provision of urgent medical care to individuals wounded during the August 2008 conflict with the Russian Federation; (B) provision of short- and medium-term housing facilities for individuals displaced by the conflict; (C) provision of assistance to facilitate the voluntary return and resettlement of all internally displaced persons in conditions of security and dignity; and (D) reconstruction of civilian and administrative infrastructure, including police stations, roads, schools, and hospitals damaged in the conflict. (2) Reconstruction.--To assist efforts in reconstruction of critical infrastructure destroyed during the August 2008 conflict with the Russian Federation, including-- (A) provision of direct United States budgetary support to the Government of Georgia to replace funds the Government of Georgia is expending to pay for emergency reconstruction needs, including reconstruction needs relating to transportation and energy infrastructure (including international pipelines and power grids); and (B) provision of assistance to help address environmental damage caused by bombing by the military forces of the Russian Federation, including the destruction of forest areas near the Borjomi-Kharagauli National Park. (3) Economic development.--To assist the Government of Georgia in leading the economic recovery of Georgia, including-- (A) development of critical infrastructure that enhances Georgia's energy security and encourages diversification of Georgia's foreign energy sources, including development of regional natural gas storage facilities and the construction of hydroelectric plants; (B) enhancement of bilateral trade between the United States and Georgia; (C) retention of Georgia's status as an attractive destination for foreign direct investment, through-- (i) establishment of national entrepreneurial programs to create jobs and stimulate small business growth; and (ii) expansion of programs to enhance cooperation between United States and Georgian scientists and engineers. (4) Governance.--To assist efforts in strengthening civil society, democratic institutions, and independent media in Georgia. (c) Broadcasting.--Funds made available to carry out this Act may be used to extend broadcasting efforts by the Broadcasting Board of Governors to Georgia and to enhance Russian- and Georgian-language Internet and broadcast capacity for the Voice of America and Radio Free Europe/Radio Liberty, Inc. SEC. 5. REPORT. (a) In General.--The President shall transmit to the appropriate congressional committees a report concerning the programs, projects, and activities carried out under this Act during the preceding fiscal year. The first report shall be transmitted not later than 180 days after the date of the enactment of this Act and a subsequent report shall be transmitted not later than October 31 of the following year. (b) Matters To Be Included.--The report required under subsection (a) shall include the following: (1) Urgent humanitarian needs.--A description of the activities carried out under section 4(b)(1). (2) Reconstruction.--A description of the activities carried out under section 4(b)(2), including a description of-- (A) the progress in reconstructing critical infrastructure in Georgia; (B) the use of funds by the Government of Georgia provided through direct United States budgetary support pursuant to this Act to pay for emergency reconstruction needs, including-- (i) a project-by-project description of how the funds were used; (ii) the progress of reconstruction relating to each project; and (iii) the overall amount expended for each project; and (C) the progress in addressing environmental damage caused by bombing by the military forces of the Russian Federation. (3) Economic development.--A description of the activities carried out under section 4(b)(3), including an assessment of the progress in stabilizing and improving the economic situation in Georgia. (4) Governance.--A description of activities carried out under section 4(b)(4), including an assessment of the strength and development of democratic institutions in Georgia and recommendations for other activities relating to governance in Georgia that could be supported by United States assistance. (5) Broadcasting.--A description of activities carried out under section 4(c). (c) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate. SEC. 6. AVAILABILITY OF FUNDS. (a) In General.--Of the amounts appropriated for fiscal year 2008 for the activities of the Department of State, the Millennium Challenge Corporation, the Overseas Private Investment Corporation, and the United States Agency for International Development, or otherwise transferred to those agencies, $470,000,000 is authorized to be made available to carry out this Act. (b) Sense of Congress.--It is the sense of Congress that-- (1) Congress strongly supports providing a total of $1,000,000,000 in assistance for Georgia to support the activities described in section 4, consistent with President George W. Bush's pledge of September 3, 2008; (2) in order to provide this amount to fulfill the President's pledge, Congress is authorizing $470,000,000 for fiscal year 2008 to carry out this Act and Congress is committed to authorizing the remaining funds for fiscal year 2009 in a subsequent Act of Congress; and (3) any funds reprogrammed from amounts appropriated for fiscal year 2008 to carry out the FREEDOM Support Act (22 U.S.C. 5801 et seq.; Public Law 102-511) or the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.; Public Law 101-179) should be replenished through a subsequent Act of Congress.

Stability and Democracy for Georgia Act of 2008 or the STAND for Georgia Act of 2008 - Authorizes the President, in the wake of Georgia's August 2008 conflict with the Russian Federation, to provide assistance to Georgia for: (1) humanitarian needs; (2) infrastructure reconstruction; (3) economic development; and (4) governance. Authorizes the use of assistance under this Act to extend broadcasting efforts by the Broadcasting Board of Governors to Georgia and to enhance Russian- and Georgian-language Internet and broadcast capacity for the Voice of America (VOA) and Radio Free Europe/Radio Liberty, Inc.

To authorize assistance to meet the urgent humanitarian needs of the people of Georgia, and for other purposes.

SECTION 1. TAX EXEMPT TREATMENT OF CERTAIN BONDS ISSUED IN CONNECTION WITH DELINQUENT REAL PROPERTY TAXES. (a) In General.--Section 148 of the Internal Revenue Code of 1986 is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Special Rule for Delinquent Tax Bonds.-- ``(1) In general.--For purposes of this section, a bond which meets the requirements of paragraph (2) shall not be treated as an arbitrage bond. ``(2) Delinquent tax bond requirements.--A bond meets the requirements of this paragraph if-- ``(A) the bond is issued primarily to facilitate the collection or receipt of delinquent real property taxes levied for school districts that provide education primarily below the post-secondary level, ``(B) all sale proceeds of the issue of which the bond is a part (other than sale proceeds, if any, to be used for costs of issuance and the establishment of a reasonably required reserve or replacement fund) are transferred, within 30 days after the date of issue of the bond, to governmental units that levy, collect, or receive real property taxes, ``(C)(i) the amount of the sale proceeds so transferred does not exceed the amount of delinquent real property taxes for the year (or the preceding year) certified by such units to the issuer of the bond as uncollected, and ``(ii) such certification is made as of a specific date which occurs during the 5-month period preceding the date of the issuance of the bond, ``(D) the maturity date of the bond is not later than 3 months after the date of the issue, and ``(E) all delinquent real property taxes (and interest, fees, and penalties attributable to such taxes) received by such governmental units after the specific date referred to in subparagraph (C) and before any maturity date of such issue are used, within 3 months of receipt, for the payment of principal, interest, or redemption price of the issue of which the bond is a part (to the extent that such taxes, interest, fees, and penalties do not exceed such principal, interest, and redemption price, in the aggregate). For purposes of this part, proceeds of the issue which are transferred in accordance with subparagraph (B) shall be treated as spent on the date so transferred. ``(3) Refunding bonds.--A bond (or series of bonds) issued to refund a bond meeting the requirements of paragraph (2) shall be treated as meeting such requirements only if, in addition to meeting such requirements-- ``(A) the maturity date of the refunding bond is not later than 26 months after the date of issuance of the original bond, and ``(B) the requirements of subclauses (II) and (III) of section 144(a)(12)(A)(ii) are met.'' (b) Coordination With Hedge Bond Rules.--Section 149(g)(3) of such Code is amended by adding at the end the following new subparagraph: ``(D) Exception for delinquent tax bond.--For purposes of this subsection, the term `hedge bond' shall not include any bond that meets the requirements of section 148(i)(2).'' (c) Coordination With Pooled Financial Bond Rules.--Section 149(f)(4)(B) of such Code is amended-- (1) by striking ``or'' at the end of clause (i), (2) by striking the period at the end of clause (ii) and inserting ``, or'', and (3) by adding at the end the following new clause: ``(iii) section 148(i) applies to such bond.'' (d) Coordination With Private Activity Bond Rules.--Paragraph (2) of section 141(c) of such Code (relating to private activity bond; qualified bond) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(C) is with respect to a bond which meets the requirements of section 148(i)(2) (relating to delinquent tax bonds).'' (e) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. For purposes of the preceding sentence, a bond (or series of bonds) issued to refund a bond shall be treated as being issued on the date of issuance of the refunded bond, if the refunding bond meets the requirements of subclauses (I), (II), and (III) of section 144(a)(12)(A)(ii) of the Internal Revenue Code of 1986.

Amends the Internal Revenue Code to provide that certain bonds issued by local governments in connection with delinquent real property taxes (delinquent tax bonds) may be treated as tax exempt.Requires: (1) such a bond to be issued (with a three-month maturity date) primarily to facilitate the collection or receipt of delinquent real property taxes levied for school districts that provide education primarily below the post-secondary level; and (2) that all delinquent real property taxes (and interest, fees, and penalties attributable to them) received by such governmental units after a specified date but before any maturity date are used, within three months of receipt, for the payment of principal, interest, or redemption price of the issue of which the bond is a part (to the extent that such taxes, interest, fees, and penalties do not exceed such principal, interest, and redemption price, in the aggregate).

To amend the Internal Revenue Code of 1986 to provide that certain bonds issued by local governments in connection with delinquent real property taxes may be treated as tax exempt.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Drunk Driving Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Alcohol-impaired driving fatalities represent approximately one-third of all highway fatalities in the United States in a given year. (2) First offenders were responsible for 75 percent of drunk driving arrests and 25 percent were from repeat offenders. (3) In 2013, there were 10,076 alcohol-impaired driving fatalities in the United States. (4) The National Highway Traffic Safety Administration has partnered with automobile manufacturers to develop alcohol detection technologies that may be installed in vehicles to prevent drunk driving. (5) An estimated 59,000 lives and $343,000,000,000 may be saved over a 15-year period by the widespread installation of alcohol detection technologies in motor vehicles. SEC. 3. ADVANCED TECHNOLOGY TO END DRUNK DRIVING. (a) In General.--Not later than 10 years after the date of enactment of this Act, the Secretary shall issue a final rule prescribing or amending a Federal motor vehicle safety standard that would prevent operation of a motor vehicle when the operator is under the influence of alcohol. The standard-- (1) shall prevent the operation of the motor vehicle if the operator's blood alcohol content is above the legal limit; and (2) shall require such technology to be-- (A) reliable and accurate; (B) set at the legal limit; (C) unobtrusive and fast; (D) tamper-proof/circumvention-resistant; (E) functionary in extreme environments (both hot and cold); and (F) easily maintained. SEC. 4. FUNDING AND PLANS FOR DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY RESEARCH. Section 403(h) of title 23, United States Code, is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Funding.--To carry out this subsection, the Secretary shall obligate from funds made available to carry out this section-- ``(A) $12,000,000 for each of fiscal years 2017 and 2018; ``(B) $16,000,000 for each of fiscal years 2019 and 2020; and ``(C) $20,000,000 for each of years 2021 through 2026.''; and (2) in paragraph (4)-- (A) in subparagraph (A) by striking ``and'' at the end; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) outlines the Administration's plans to expedite research and development of this technology; and''. SEC. 5. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED DRIVING. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 171. Use of ignition interlock devices to prevent repeat intoxicated driving ``(a) Definitions.--In this section: ``(1) Alcohol concentration.--The term `alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. ``(2) Driving while intoxicated; driving under the influence.--The terms `driving while intoxicated' and `driving under the influence' mean driving or being in actual physical control of a motor vehicle in a State while having a blood alcohol concentration that is greater than or equal to the lesser of-- ``(A) the blood alcohol concentration limit of the State in which the individual is driving; or ``(B) 0.08 percent. ``(3) Ignition interlock device.--The term `ignition interlock device' means an in-vehicle device that-- ``(A) requires a driver to provide a breath sample prior to the motor vehicle starting; and ``(B) prevents a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit. ``(4) Motor vehicle.-- ``(A) In general.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways. ``(B) Exclusions.--The term `motor vehicle' does not include-- ``(i) a vehicle operated solely on a rail line; or ``(ii) a commercial vehicle. ``(b) Laws Requiring Ignition Interlock Devices.--A State meets the requirements of this subsection if the State has enacted and is enforcing a law that requires throughout the State the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual who is convicted of driving while intoxicated or driving under the influence. ``(c) Withholding of Funds for Noncompliance.-- ``(1) Fiscal year 2017.--On October 1, 2016, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b) of this section. ``(2) Fiscal year 2018.--On October 1, 2017, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b) of this section. ``(3) Fiscal year 2019 and thereafter.--On October 1, 2018, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b) of this section. ``(d) Period of Availability of Withheld Funds; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.--Any funds withheld under subsection (c) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (c) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements of subsection (b), apportion to the State the funds withheld under subsection (c) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.--Any funds apportioned pursuant to paragraph (2)-- ``(A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and ``(B) if not apportioned at the end of that period, shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (c) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (b), the funds shall lapse.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``171. Use of ignition interlock devices to prevent repeat intoxicated driving.''. SEC. 6. DEFINITIONS. In this Act, the following definitions apply: (1) Alcohol-impaired driving.--The term ``alcohol-impaired driving'' means operation of a motor vehicle (as defined in section 30102(a)(6) of title 49, United States Code) by an individual whose blood alcohol content is at or above the legal limit. (2) Legal limit.--The term ``legal limit'' means a blood alcohol concentration of-- (A) 0.08 percent or greater (as specified in section 163(a) of title 23, United States Code); or (B) such other percentage limitation as may be established by applicable Federal, State, or local law.

End Drunk Driving Act of 2016 This bill directs the Department of Transportation to issue a final rule prescribing or amending a federal motor vehicle safety standard that would prevent operation of a motor vehicle when the operator is under the influence of alcohol. Such standard shall: prevent the operation of the motor vehicle if the operator's blood alcohol content is above the legal limit; and require the technology to be reliable and accurate, set at the legal limit, unobtrusive and fast, tamper-proof/circumvention-resistent, functionary in extreme environments, and easily maintained. To meet grant requirements, a state must enact and enforce a law that requires the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence. The bill prescribes compliance requirements and penalties for noncompliance.

End Drunk Driving Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Training Account Act of 1994''. SEC. 2. INDIVIDUAL TRAINING ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. INDIVIDUAL TRAINING ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction the amount paid in cash for the taxable year by or on behalf of such individual to an individual training account for the benefit of such individual. ``(b) Limitations.-- ``(1) Maximum deduction.--The amount allowed as a deduction under subsection (a) for any taxable year shall not exceed the lesser of-- ``(A) $2,000, or ``(B) the excess of $6,000 over the aggregate amount in all individual training accounts of the individual as of the close of the preceding taxable year. The preceding sentence shall be applied separately for each individual. ``(2) No deduction before beneficiary attains age 18.--No deduction shall be allowed for any contribution to an individual training account established for the benefit of an individual who has not attained age 18 before the close of the taxable year for which such contribution is made. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Individual training account.--The term `individual training account' means a trust created or organized in the United States exclusively for the purpose of paying the qualified expenses of the individual for whose benefit the trust is maintained, but only if the written governing instrument creating the trust meets the following requirements: ``(A) Except in the case of a rollover contribution described in subsection (d)(3), no contribution will be accepted-- ``(i) unless it is in cash, or ``(ii) in excess of the amount allowed as a deduction under this section. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in life insurance contracts. ``(D) The interest of the individual in the balance of his account is nonforfeitable. ``(E) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(2) Qualified expenses.--The term `qualified expenses' means-- ``(A) job training expenses, and ``(B) job-related relocation expenses. ``(3) Job training expenses.-- ``(A) In general.--The term `job training expenses' means-- ``(i) tuition and fees required for the enrollment or attendance of-- ``(I) a student at an eligible educational institution, or ``(II) a worker in an applicable training program, ``(ii) fees, books, supplies, and equipment required for-- ``(I) courses of instruction at an eligible educational institution, or ``(II) for an applicable training program, and ``(iii) a reasonable allowance for meals and lodging while attending an eligible educational institution or an applicable training program. ``(B) Eligible educational institution.--The term `eligible educational institution' means-- ``(i) an institution of higher education, or ``(ii) a vocational school. ``(C) Institution of higher education.--The term `institution of higher education' means the institutions described in section 1201(a) or 481(a) of the Higher Education Act of 1965. ``(D) Vocational school.--The term `vocational school' means an area vocational education school as defined in subparagraph (C) or (D) of section 521(4) of the Carl D. Perkins Vocational and Applied Technology Education Act to the extent such school is located within any State (as defined in such section). ``(E) Applicable training program.--The term `applicable training program' means-- ``(i) any applicable program (as defined in section 314(g) of the Job Training Partnership Act), and ``(ii) any training program approved under section 236 of the Trade Act of 1974. ``(4) Denial of deduction for amounts paid from account.-- If any amount paid or distributed from an individual training account is not included in gross income by reason of being used to pay any qualified expense, such expense shall not be taken into account in determining the amount of any deduction under section 212, 217, or any other provision of this chapter. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount paid or distributed out of an individual training account shall be included in gross income of the payee or distributee for the taxable year in which the payment or distribution is received to the extent such amount is not used exclusively to pay the qualified expenses paid during such taxable year by the individual for whose benefit the account is established. ``(2) Excess contributions returned before due date of return.--Paragraph (1) shall not apply to the distribution of any contribution paid during a taxable year to an individual training account to the extent that such contribution exceeds the amount allowable as a deduction under subsection (a) if-- ``(A) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, ``(B) no deduction is allowed under subsection (a) with respect to such excess contribution, and ``(C) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in subparagraph (C) shall be included in the gross income of the individual for the taxable year in which such excess contribution was made. ``(3) Rollovers.--Paragraph (1) shall not apply to any amount paid or distributed out of a individual training account to the individual for whose benefit the account is maintained if the entire amount received (including money and any other property) is paid into another individual training account for the benefit of such individual not later than the 60th day after the day on which he received the payment or distribution. ``(e) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--An individual training account is exempt from taxation under this subtitle unless such account has ceased to be an individual training account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If the individual for whose benefit an individual training account is established engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be an individual training account as of the first day of the taxable year during which such transaction occurs. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be an individual training account by reason of subparagraph (A) as of the first day of any taxable year, paragraph (1) of subsection (d) shall apply as if there was a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day) and such distribution was not used to pay qualified expenses. ``(3) Effect of pledging account as security.--If, during any taxable year, the individual for whose benefit an individual training account is established uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to the individual so using such portion and not used to pay qualified expenses. ``(f) Additional Tax on Certain Amounts Included in Gross Income.-- ``(1) Distribution not used for qualified expenses.--In the case of any payment or distribution to which subsection (d)(1) applies, the tax liability of the payee or distributee under this chapter for the taxable year in which the payment or distribution is received shall be increased by an amount equal to 10 percent of the amount of the payment or distribution which is includible in the gross income of such payee or distributee for such taxable year. ``(2) Disqualification cases.--If an amount is includible in the gross income of an individual for a taxable year because such amount is required to be treated as a distribution under paragraph (2) or (3) of subsection (e), such individual's tax liability under this chapter for such taxable year shall be increased by an amount equal to 10 percent of such amount required to be treated as a distribution and included in his gross income. ``(3) Disability or death cases.--Paragraphs (1) and (2) shall not apply if the payment or distribution is made after the individual for whose benefit the individual training account is maintained becomes disabled within the meaning of section 72(m)(7) or dies. ``(4) Distributions after age 59\1/2\.--Paragraphs (1) and (2) shall not apply if the payment or distribution is made after the date the individual for whose benefit the individual training account is maintained attains age 59\1/2\. ``(g) Community Property Laws.--This section shall be applied without regard to any community property laws. ``(h) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute an individual training account described in subsection (c)(1). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(i) Reports.--The trustee of an individual training account shall make such reports regarding such account to the Secretary and to the individual for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.'' (b) Deduction Allowed in Arriving at Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (relating to retirement savings) is amended by inserting after paragraph (15) the following new paragraph: ``(16) Individual training accounts.--The deduction allowed by section 220 (relating to individual training accounts).'' (c) Tax on Excess Contributions.--Section 4973 of such Code (relating to tax on excess contributions to individual retirement accounts, certain section 403(b) contracts, and certain individual retirement annuities) is amended-- (1) by inserting ``individual training accounts,'' after ``accounts,'' in the heading of such section, (2) by striking ``or'' at the end of paragraph (1) of subsection (a), (3) by redesignating paragraph (2) of subsection (a) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) an individual training account (within the meaning of section 220(c)(1)), or'', and (4) by adding at the end the following new subsection: ``(d) Excess Contributions to Individual Training Accounts.--For purposes of this section, in the case of an individual training account, the term `excess contributions' means the amount by which the amount contributed for the taxable year to the account exceeds the amount allowable as a deduction under section 220 for such taxable year. For purposes of this subsection, any contribution which is distributed out of the individual training account in a distribution to which section 220(d)(2) applies shall be treated as an amount not contributed.'' (d) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(4) Special rule for individual training accounts.--An individual for whose benefit an individual training account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an individual training account by reason of the application of section 220(e)(2)(A) to such account.'', and (2) by inserting ``, an individual training account described in section 220(c)(1),'' in subsection (e)(1) after ``described in section 408(a)''. (e) Failure To Provide Reports on Individual Training Accounts.-- Section 6693 of such Code (relating to failure to provide reports on individual retirement accounts or annuities) is amended-- (1) by inserting ``or on individual training accounts'' after ``annuities'' in the heading of such section, and (2) by adding at the end of subsection (a) the following new sentence: ``The person required by section 220(i) to file a report regarding an individual training account at the time and in the manner required by such section shall pay a penalty of $50 for each failure, unless it is shown that such failure is due to reasonable cause.''. (f) Clerical Amendments.-- (1) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 220 and inserting the following new items: ``Sec. 220. Individual training accounts. ``Sec. 221. Cross reference.'' (2) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4973 and inserting the following new item: ``Sec. 4973. Tax on excess contributions to individual retirement accounts, individual training accounts, certain 403(b) contracts, and certain individual retirement annuities.'' (3) The table of sections for subchapter B of chapter 68 of such Code is amended by striking the item relating to section 6693 and inserting the following new item: ``Sec. 6693. Failure to provide reports on individual retirement accounts or annuities or on individual training accounts.'' (g) Effective Date.--The amendments made by this section shall apply to contributions made for taxable years beginning after December 31, 1994.

Individual Training Account Act of 1994 - Amends the Internal Revenue Code to allow an individual a deduction for amounts paid yearly into an individual training account for the benefit of such individual. Describes such account as one to pay the expenses of job training and job-related relocation.

Individual Training Account Act of 1994

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Military Environmental Responsibility Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Compliance of Federal defense agencies with public safety and environmental laws. Sec. 4. Applicability of NEPA to weapon system development and procurement. Sec. 5. Repeal of prohibitions on use of defense funds for environmental compliance and payment of penalties. Sec. 6. Savings provision. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To require the Department of Defense and all other defense-related agencies of the United States, as defined in the amendment made by section 3(a), to comply with all Federal and State laws that are designed to protect the environment or the health and safety of the public to the same extent as all other entities subject to those laws. (2) To entirely waive any and all sovereign immunity and to entirely revoke any and all exemptions of the Department of Defense and all other defense-related agencies of the United States within the United States and abroad that might in any way limit or exempt those agencies from complying with all Federal and State environmental laws designed to protect the health and safety of the public or the environment. (3) To leave no ambiguity for the executive or judicial branches that the Department of Defense and all other defense- related agencies are fully subject to all the requirements and possible enforcement of all Federal and State environmental laws designed to protect the health and safety of the public or the environment. SEC. 3. COMPLIANCE OF FEDERAL DEFENSE AGENCIES WITH PUBLIC SAFETY AND ENVIRONMENTAL LAWS. (a) Compliance Required.--Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2710. Applicability of environmental laws to the Department of Defense and defense-related agencies ``(a) Definitions.--In this section: ``(1) Federal defense agency.--The term `Federal defense agency' means-- ``(A) the Department of Defense; ``(B) the Department of Energy; ``(C) the Nuclear Regulatory Commission; ``(D) the Office of Naval Nuclear Reactors provided for by Executive Order 12344 (47 Fed. Reg. 4979; 42 U.S.C. 7158 note; February 3, 1982), relating to the Naval Nuclear Propulsion Program; ``(E) any other defense-related agency of the United States designated by the President for purposes of this section; and ``(F) installations, facilities, and operations of the Department of Defense and other defense-related agencies covered by this paragraph, whether located or conducted inside or outside of the United States. ``(2) Defense agency head.--The term `defense agency head' means-- ``(A) the Secretary of Defense, with respect to the Department of Defense and installations, facilities, and operations of the Department of Defense, whether located or conducted inside or outside of the United States; and ``(B) the head of a Federal defense agency covered by any of subparagraphs (B) through (E) of paragraph (1), with respect to that agency and installations, facilities, and operations of that agency, whether located or conducted inside or outside of the United States. ``(3) Administering federal agency.--The term `administering Federal agency' means the Federal agency responsible for the administration or enforcement, or both, of a Federal law covered by subsection (c). In most cases that agency is the Environmental Protection Agency. ``(4) States and state law.--The term `State' includes any unit of local government within a State, and the term `State law' includes any local law and any interstate compact or agreement. ``(b) Applicability of Environmental Laws.--The substantive and procedural requirements of each of the laws covered by subsection (c) shall apply to each Federal defense agency in the same manner and to the same extent as any person is subject to those requirements. To the extent not provided before the date of the enactment of the Military Environmental Responsibility Act in any other provision of law, the United States hereby expressly waives any immunity, and revokes any exemption, otherwise applicable to a Federal defense agency with respect to any such substantive or procedural requirement. ``(c) Covered Laws.--The laws covered by this subsection are all Federal laws, including treaties and regulations, and all State laws, that are designed to protect the environment or designed to protect the health and safety of the public. At a minimum, those laws include the following Federal laws and their analogous State counterparts: ``(1) The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). ``(2) The Clean Air Act (42 U.S.C. 7401 et seq.). ``(3) The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). ``(4) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). ``(5) The Department of Energy Organization Act (42 U.S.C. 7101 et seq.). ``(6) The Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.). ``(7) The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). ``(8) The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). ``(9) The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.). ``(10) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(11) The Noise Control Act of 1972 (42 U.S.C. 4901 et seq.). ``(12) The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.). ``(13) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). ``(14) The Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.). ``(15) The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). Notwithstanding the first sentence of this subsection, the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) are not covered by this subsection, such laws containing sovereign immunity waiver provisions that otherwise appropriately provide for protection of the environment and the health and safety of the public. ``(d) Covered Substantive and Procedural Requirements.--(1) The substantive and procedural requirements referred to in subsection (b) include the following: ``(A) All regulatory standards, guidelines, and prohibitions including all emission standards, toxicity standards, exposure standards, and use prohibitions. ``(B) All administrative orders. ``(C) All civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. ``(D) All conditions for permits or reporting. ``(E) All provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief. ``(F) The payment of service charges. ``(2) The service charges referred to in paragraph (1)(F) include fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal or State regulatory program under a law covered by subsection (c). ``(3) Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court with respect to the enforcement of any such injunctive relief. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal or State law covered by subsection (c) with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including any fine or imprisonment) under any Federal or State law covered by subsection (c), but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the United States shall be subject to any such sanction. ``(e) Use of Exemption Authority.--If a Federal law covered by subsection (c) authorizes the President or the head of the administering Federal agency to grant exemptions from any substantive or procedural requirement of that law, any use of that authority on behalf of a Federal defense agency after the date of the enactment of the Military Environmental Responsibility Act shall be effective only for a specified period, not to exceed 180 days, unless such period is specifically extended by Act of Congress. ``(f) Administrative Enforcement Actions.--The head of an administering Federal agency shall commence an administrative enforcement action against a defense agency head pursuant to the enforcement authorities contained in the relevant Federal law covered by subsection (c) in the same manner and under the same circumstances as an action would be initiated against another person. Any voluntary resolution or settlement of such an action shall be set forth in a consent order. ``(g) Citizen Suits.--(1) Except as provided in paragraph (3) or (4), any person may commence a civil action on the person's own behalf against-- ``(A) a defense agency head who is alleged to be in violation of any permit, standard, regulation, condition, requirement, prohibition, or order that has become effective pursuant to a Federal law covered by subsection (c); or ``(B) the head of an administering Federal agency where there is alleged a failure of the head of the administering Federal agency to perform any act or duty under a Federal law covered by subsection (c) that is not discretionary. ``(2) Any action under paragraph (1)(A) shall be brought in the district court for the district in which the alleged violation occurred. Any action brought under paragraph (1)(B) may be brought in the district court for the district in which the alleged violation occurred or in the District Court of the District of Columbia. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties-- ``(A) to enforce the permit, standard, regulation, condition, requirement, prohibition, or order, referred to in paragraph (1)(A); ``(B) to restrain a defendant from continuing a violation of a Federal law covered by subsection (c); ``(C) to order the head of an administering Federal agency to perform the act or duty referred to in paragraph (1)(B); ``(D) to order a defendant to take such other action as may be necessary; and ``(E) to apply any appropriate civil penalties available under the Federal law at issue. ``(3) No action may be commenced under paragraph (1)(A)-- ``(A) prior to 60 days after the plaintiff has given notice of the violation to-- ``(i) the head of the relevant administering Federal agency; ``(ii) the State in which the alleged violation occurs; and ``(iii) the defense agency head in violation of the permit, standard, regulation, condition, requirement, prohibition, or order at issue; or ``(B) if the head of the administering Federal agency or State has commenced and is diligently prosecuting a civil or criminal action in a court of the United States or a State to require compliance with such permit, standard, regulation, condition, requirement, prohibition, or order. ``(4) No action may be commenced under paragraph (1)(B) prior to 60 days after the plaintiff has given notice to the head of the relevant administering Federal agency that the plaintiff will commence such action. Notice under this subsection shall be given in such manner as the head of the administering Federal agency shall prescribe by regulation. ``(5) In any action under this subsection, the head of the relevant administering Federal agency, if not a party, may intervene as a matter of right. ``(6) The court, in issuing any final order in any action brought pursuant to this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or substantially prevailing party, whenever the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. ``(7) Nothing in this subsection shall restrict any right that a person (or class of persons) may have under a Federal law covered by subsection (c) or common law to seek enforcement of that Federal law or to seek any other relief (including relief against the head of an administering Federal agency or a State agency). ``(h) Judicial Interpretation.--The courts of the United States and of the States shall construe the provisions of this section and any other provision of law waiving the sovereign immunity of the United States under a law covered by subsection (c) liberally to effect the intent of Congress that the United States, acting through a covered defense agency, comply with, and be subject to enforcement under, those laws to the same extent as private parties.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2710. Applicability of environmental laws to the Department of Defense and defense-related agencies.''. SEC. 4. APPLICABILITY OF NEPA TO WEAPON SYSTEM DEVELOPMENT AND PROCUREMENT. Section 2431 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) In the case of each weapon system for which the Secretary of Defense is required to submit documents under subsection (a), the Secretary shall ensure that all development and procurement decisions regarding the weapon system are made in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''. SEC. 5. REPEAL OF PROHIBITIONS ON USE OF DEFENSE FUNDS FOR ENVIRONMENTAL COMPLIANCE AND PAYMENT OF PENALTIES. (a) Restored Availability of Restoration Account.--Section 2703 of title 10, United States Code, is amended-- (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). (b) Formerly Used Site Remedial Action Program.--Section 3131 of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 2701 note) is repealed. (c) Conforming Repeal.--Section 8149 of the Department of Defense Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1271), is repealed. SEC. 6. SAVINGS PROVISION. Nothing in section 2710 of title 10, United States Code, as added by section 3 of this Act, or any other provision of this Act, may be construed as creating an inference that any provision of Federal law enacted before the date of the enactment of this Act that waived the sovereign immunity of the United States under a law of the United States or of any State was not fully effective and in force under its own terms before the date of the enactment of this Act.

Military Environmental Responsibility Act - Requires the Department of Defense (DOD) and defense-related agencies (the Department of Energy, the Nuclear Regulatory Commission, the Office of Naval Nuclear Reactors, and any others as designated by the President) to fully comply with designated Federal and State environmental laws, including those related to public health and safety, to the same extent as any other entities subject to such laws. Waives any immunity of the United States with respect to such laws as applied to DOD and any defense-related agency. Provides for administrative enforcement actions.Requires the Secretary of Defense , for each weapon system for which congressional budget justification is required, to ensure that all development and procurement decisions comply with the National Environmental Policy Act of 1969.Repeals: (1) a Federal provision prohibiting the use of certain military appropriation accounts for the payment of fines and penalties for environmental noncompliance; and (2) a provision of the National Defense Authorization Act for Fiscal Year 2000 which prohibits the use of defense funds to conduct treatment, storage, or disposal activities at sites designated under the Formerly Utilized Site Remedial Action Program.

To amend title 10, United States Code, to require the Department of Defense and all other defense-related agencies of the United States to fully comply with Federal and State environmental laws, including certain laws relating to public health and worker safety, that are designed to protect the environment and the health and safety of the public, particularly those persons most vulnerable to the hazards incident to military operations and installations, such as children, members of the Armed Forces, civilian employees, and persons living in the vicinity of military operations and installations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Amnesty Prevention Act''. SEC. 2. PROHIBITION ON USE OF FUNDS. (a) In General.--No funds, resources, or fees made available to the Secretary of Homeland Security, or to any other official of a Federal agency, by any Act for any fiscal year, including any deposits into the ``Immigration Examinations Fee Account'' established under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may be used to implement, administer, enforce, or carry out (including through the issuance of any regulations) any of the policy changes set forth in the following memoranda (or any substantially similar policy changes issued or taken on or after the date of the enactment of this Act, whether set forth in memorandum, Executive order, regulation, directive, or by other action): (1) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled ``Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens'' dated March 2, 2011. (2) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled ``Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens'' dated June 17, 2011. (3) The memorandum from the Principal Legal Advisor of U.S. Immigration and Customs Enforcement entitled ``Case-by-Case Review of Incoming and Certain Pending Cases'' dated November 17, 2011. (4) The memorandum from the Secretary of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children'' dated June 15, 2012. (5) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled ``Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems'' dated December 21, 2012. (6) The memorandum from the Secretary of Homeland Security entitled ``Southern Border and Approaches Campaign'' dated November 20, 2014. (7) The memorandum from the Secretary of Homeland Security entitled ``Policies for the Apprehension, Detention and Removal of Undocumented Immigrants'' dated November 20, 2014. (8) The memorandum from the Secretary of Homeland Security entitled ``Secure Communities'' dated November 20, 2014. (9) The memorandum from the Secretary of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents'' dated November 20, 2014. (10) The memorandum from the Secretary of Homeland Security entitled ``Expansion of the Provisional Waiver Program'' dated November 20, 2014. (11) The memorandum from the Secretary of Homeland Security entitled ``Policies Supporting U.S. High-Skilled Businesses and Workers'' dated November 20, 2014. (12) The memorandum from the Secretary of Homeland Security entitled ``Families of U.S. Armed Forces Members and Enlistees'' dated November 20, 2014. (13) The memorandum from the Secretary of Homeland Security entitled ``Directive to Provide Consistency Regarding Advance Parole'' dated November 20, 2014. (14) The memorandum from the Secretary of Homeland Security entitled ``Policies to Promote and Increase Access to U.S. Citizenship'' dated November 20, 2014. (15) The memorandum from the President entitled ``Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century'' dated November 21, 2014. (16) The memorandum from the President entitled ``Creating Welcoming Communities and Fully Integrating Immigrants and Refugees'' dated November 21, 2014. (b) No Legal Effect.--The memoranda referred to in subsection (a) (or any substantially similar policy changes issued or taken on or after the date of the enactment of this Act, whether set forth in memorandum, Executive order, regulation, directive, or by other action) have no statutory or constitutional basis and therefore have no legal effect. (c) Prohibition on Federal Benefits.--No funds or fees made available to the Secretary of Homeland Security, or to any other official of a Federal agency, by any Act for any fiscal year, including any deposits into the ``Immigration Examinations Fee Account'' established under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may be used to grant any Federal benefit to any alien pursuant to any of the policy changes set forth in the memoranda referred to in subsection (a) (or any substantially similar policy changes issued or taken on or after the date of the enactment of this Act, whether set forth in memorandum, Executive order, regulation, directive, or by other action). SEC. 3. ADMISSION AND LAWFUL PRESENCE REQUIRED FOR EMPLOYMENT AUTHORIZATION. Section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)) is amended-- (1) by inserting before ``authorized to be so employed by this Act'' the following: ``an alien otherwise admitted to and lawfully present in the United States, and''; and (2) by inserting at the end the following: ``An alien without lawful status shall be considered to be an unauthorized alien for purposes of this Act.''. SEC. 4. CONFORMING AMENDMENTS. Section 286(n) of the Immigration and Nationality Act (8 U.S.C. 1356(n)) is amended-- (1) by striking ``(n) All'' and inserting ``(n)(1) Except as provided in paragraph (2), all''; and (2) by adding at the end the following: ``(2) No deposit in the `Immigration Examinations Fee Account' may be used to implement, administer, carry out, or enforce the policies in any of the memoranda referred to in section 2(a) of the Executive Amnesty Prevention Act.''.

Executive Amnesty Prevention Act This bill prohibits the use of funds to implement specified memoranda from the President, the Secretary of Homeland Security, the Director of U.S. Immigration and Customs Enforcement (ICE), or other related memoranda. No deposit in the Immigration Examinations Fee Account may be used to implement, administer, or enforce the policies in such memoranda. Such memoranda or substantially similar policy changes are declared to have no statutory or constitutional basis and therefore no legal effect. No funds or fees made available to the Secretary or to any federal official may be used to grant any federal benefit to any alien pursuant to any of such policy changes. The Immigration and Nationality Act is amended to: (1) exclude from the definition of "unauthorized alien," with respect to employment, any alien otherwise admitted to and lawfully present in the United States; and (2) consider any alien without lawful status to be an unauthorized alien whose employment is unlawful.

Executive Amnesty Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel and Metal Consumers Radioactivity Protection Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The metals industry in the United States is a $100,000,000,000 plus industry and employs millions of Americans. (2) Because of their unique features, most metals can be recycled over and over again which conserves the world's natural resources and contributes to a healthy environment. (3) Metal is an essential component of millions of industrial, business, and consumer products. The presence of radioactive contamination in steel scrap and other metals resulting from the production, utilization, and fabrication of nuclear fuel by the Department of Energy and other facilities poses a risk to public safety, threatens the metals recycling stream, and can cause millions of dollars worth of damage to facilities that unknowingly process contaminated metals. (4) The metals industry in the United States desires to keep radioactive contamination resulting from the production, utilization, and fabrication of nuclear fuel by the Department of Energy and other facilities out of its facilities and products. (5) Currently there are no approved standards for the unrestricted release of metals containing radioactive contamination in the United States. The American public has rejected all previous attempts by the Nuclear Regulatory Commission to set a standard for such releases. It is expected that American consumers will reject products that contain unknown amounts of radioactive contamination from the Department of Energy and nuclear fuel production, utilization, and fabrication facilities. All such releases are now done only with the specific approval of the Nuclear Regulatory Commission or its agreement States. (6) However, the Nuclear Regulatory Commission currently is deliberating whether there is a need for a rulemaking to set a specified level of radioactive material in scrap and other metal that will be allowed in metals for unrestricted use. (7) At present, there is a lack of accountability and a lack of standards regarding radioactive content in metals imported into the United States. The Nuclear Regulatory Commission has no authority to regulate these metals at the time of their importation. SEC. 3. DUTIES OF FEDERAL AGENCIES. (a) Nuclear Regulatory Commission.-- (1) Standard.-- (A) Establishment.--Not later than 24 months after the date of enactment of this Act, the Nuclear Regulatory Commission shall establish, through a rulemaking under chapter 5 of title 5, United States Code (relating to administrative procedures), a standard that controls the free release of radioactively contaminated scrap metal from the Department of Energy or nuclear fuel cycle facilities in order to protect the health and safety of the American consumer. (B) Limitation.-- Until such standard is established, the Nuclear Regulatory Commission and agreement States shall not take any action to facilitate, implement, promulgate, or issue a rule or guidance or take any other administrative action that would allow the free release into commerce of radioactively contaminated scrap metal. (2) Release of radioactively contaminated equipment, devices, commodities, and other materials.--Effective upon the date of enactment of this Act, all radioactively contaminated equipment, devices, commodities, and other materials approved for general release to persons exempt from licensing by the Nuclear Regulatory Commission or any of its agreement States will be released only under the provisions of the Atomic Energy Act of 1954 and its implementing regulations governing the release of byproduct and source material (as defined in section 11 of such Act (42 U.S.C. 2014)). The Nuclear Regulatory Commission is prohibited from establishing separate and differing release regulations and standards for equipment, devices, commodities, and other materials which are contaminated during the nuclear fuel production, utilization, and fabrication process from those regulations and standards established for equipment, devices, commodities, and other materials into which byproduct and source material have been deliberately inserted for their beneficial use. (b) Departments of Defense and Energy; Environmental Protection Agency; Other Agencies.--The Departments of Defense and Energy, the Environmental Protection Agency, and all other agencies that have oversight or control over the release of radioactively contaminated metals shall adopt standards that are no less stringent than the standards established by the Nuclear Regulatory Commission under subsection (a). Until such standards are established, the Secretary of Energy, the Secretary of Defense, the Administrator of the Environmental Protection Agency, and the heads of all other agencies that have oversight or control over the release of radioactively contaminated metals shall not take any action to facilitate, promote, or allow the release into commerce of radioactively contaminated scrap metal. (c) United States Customs Service.--The United States Customs Service shall, within 12 months after establishment of the standard under subsection (a), monitor and enforce these standards at the borders of the United States. (d) Secretary of State.--After the standard is established under subsection (a), the Secretary of State shall work with international standard-writing bodies to adopt standards consistent with the standard established under subsection (a). (e) Interim Certifications.--Before the standard established under subsection (a) takes effect, all scrap metal imported into the United States must be accompanied by documentation-- (1) stating the amount of radioactive contamination as certified by the government of the exporting country; and (2) validating that the metal does not contain any byproduct, source, or any special nuclear material. Such information shall be readily available as part of the documentation and must accompany the shipment of these products. This requirement will go into effect 90 days after the date of enactment of this Act and the Secretary of Commerce is directed to promulgate a final rule implementing this requirement by that date. SEC. 4. CIVIL PENALTY FOR FALSE DOCUMENTATION. Any person who knowingly falsifies any documentation required under section 3(e) or required under any standard in effect under section 3 shall be subject to a civil penalty of not more than $250,000 for each violation. SEC. 5. ANNUAL REPORT TO CONGRESS. The Secretary of Commerce shall not later than one year after the date of enactment of this Act and annually thereafter submit a report to the Congress which-- (1) lists the number of violations of the standards in effect under section 3 and the volume of tons of radioactively contaminated metals involved in each violation reported on; and (2) for each violation, lists the number of tons of radioactively contaminated metals involved in each violation reported on, the country of origin of such metals, and the type of metal involved. SEC. 6. DEFINITIONS. As used in this Act: (1) Agreement state.--The term ``agreement State'' means a State that-- (A) has entered into an agreement with the Nuclear Regulatory Commission under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021); and (B) has authority to regulate the disposal of low- level waste under such agreement. (2) Nuclear fuel production, utilization, and fabrication facility.--The term ``nuclear fuel production, utilization, and fabrication facility'' means-- (A) any nuclear reactor, including those designed or used primarily for the formation of plutonium or uranium-233; (B) any facility, equipment, or device designed or used for the separation of the isotopes of plutonium, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (C) any facility, equipment, or device designed or used for processing irradiated materials containing special nuclear material or byproduct material, except-- (i) laboratory scale facilities designed or used for experimental or analytical purposes; and (ii) facilities in which processing is conducted pursuant to a license issued under parts 30 and 70 of title 10 of the Code of Federal Regulations or the equivalent regulations of an agreement State for the receipt, possession, use, and transfer of irradiated special nuclear material, which license authorizes the processing of the irradiated materials on a batch basis for the separation of selected fission products and limits the process batch to not more than 100 grams of uranium enriched in the isotope 235 and not more than 15 grams of any other special nuclear material. (3) Radioactively contaminated.--The term ``radioactively contaminated'' means any material containing residual levels of radiological contamination involving any source material, by- product material, or special nuclear material as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) or any waste derived therefrom. (4) Scrap metal.--The term ``scrap metal'' means ferrous or non-ferrous metal equipment, vehicles, tools, and other metal items (including metal pieces, parts, and bits) that are no longer being used for their original purpose and are destined to be processed as feedstock to produce new metal materials and products.

Prohibits the NRC and agreement States from taking any action to facilitate, implement, promulgate, or issue any administrative guidance that would allow the free release into commerce of radioactively contaminated scrap metal until such standard has been established. Mandates that: (1) radioactively contaminated equipment, devices, commodities, and other materials approved for release to persons exempt from NRC licensing requirements be released only pursuant to regulations governing the release of byproduct and source material under the Atomic Energy Act of 1954; and (2) the Departments of Defense and of Energy and all other agencies that oversee or control the release of radioactively contaminated metals adopt standards no less stringent than those established by the NRC. Directs the U.S. Customs Service to monitor and enforce such standards at U.S. borders. Instructs the Secretary of State to work with international standard-writing bodies to adopt standards consistent with those of the NRC. Sets forth interim certification guidelines governing scrap metal imported into the United States. Sets forth civil penalties for violations of this Act. Instructs the Secretary of Commerce to present an annual violations list to Congress.

Steel and Metal Consumers Radioactivity Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Denali Commission Act Amendments Act of 2007''. SEC. 2. AUTHORITIES AND DUTIES OF THE DENALI COMMISSION. (a) Establishment of Commission.--Section 303(b) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by adding at the end the following: ``(5) Limitation.--No member of the Commission appointed under paragraph (1), other than the Federal Cochairperson, shall be considered to be a Federal employee for any purpose.''. (b) Powers of the Commission.--Section 305 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by adding at the end the following: ``(e) Matching Funds.--The Commission may accept, use, and dispose of matching funds provided by public and private sources for projects approved by the Commission.''. (c) Commission Personnel Matters.--Section 306 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended-- (1) in subsection (a)-- (A) in the first sentence, by striking ``Each member'' and inserting the following: ``(1) In general.--Except as provided in paragraph (4), each member''; (B) in the second sentence, by striking ``The Federal'' and inserting: ``(2) Rate of pay.--The Federal''; (C) in the third sentence, by striking ``All members'' and inserting the following: ``(3) Federal employees.--All members''; and (D) by adding at the end the following: ``(4) Exception.--Each member of the Commission who is not an officer or employee of the Federal Government may elect to waive compensation under paragraph (1).''; and (2) in subsection (c)(1)-- (A) by striking ``regulations,'' and inserting ``regulations--''; (B) by striking ``appoint'' and all that follows through the period at the end and inserting the following: ``(A) appoint such personnel as may be necessary to enable the Commission to perform the duties of the Commission; and ``(B) terminate the personnel appointed under subparagraph (A).''. (d) Economic Development Committee.--The Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended-- (1) by redesignating the second section 310 (relating to the Economic Development Committee) as section 311; and (2) in section 311 (as redesignated by paragraph (1)), by striking ``shall'' each place it appears and inserting ``may''. SEC. 3. SPECIAL FUNCTIONS OF THE DENALI COMMISSION. Section 307 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by adding at the end the following: ``(f) Training Program.-- ``(1) In general.--The Secretary of Labor is authorized to make direct lump sum payments to the Commission to be used to carry out a training program on careers associated with infrastructure development and long-term stability in rural Alaska. ``(2) Priorities.--The training program authorized under paragraph (1) shall focus on the following priorities: ``(A) Training for construction, operations, and maintenance of Commission projects. ``(B) Management training relating to the operation of Commission projects. ``(C) Initiatives for Alaskan youths to encourage careers that support Commission projects. ``(D) Training for construction, operations, and maintenance for public infrastructure projects. ``(3) Availability.--Amounts made available to the Commission under this subsection shall remain available until expended. ``(g) Teacher Housing.-- ``(1) In general.--In carrying out the functions of the Commission under this Act, the Commission shall, as appropriate, provide assistance to address the housing needs of teachers in rural Alaska. ``(2) Authorized activities.--In providing assistance under paragraph (1), the Commission may assist in housing development activities, including, but not limited to-- ``(A) the acquisition, rehabilitation, and new construction of housing; and ``(B) multisite rehabilitation.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 310(a) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by striking ``for fiscal years 2000, 2001, 2002, and 2008'' and inserting ``for each of fiscal years 2009 through 2014.''. SEC. 5. EFFECTIVE DATE. (a) In General.--The amendments made by sections 2 and 3 take effect on the date of enactment of this Act. (b) Authorization of Appropriations.--The amendment made by section 4 takes effect on October 1, 2008.

Denali Commission Act Amendments Act of 2007 - Amends the Denali Commission Act of 1998 to provide that no member of the Commission, other than the Federal Co-chairperson, shall be considered to be a federal employee. Authorizes the Commission to accept, use, and dispose of matching funds provided by public and private sources for projects approved by the Commission. Provides that each Commission member who is not a federal employee may elect to waive compensation. Authorizes (current law requires) the Federal Co-chairperson to appoint an Economic Development Committee consisting of specified representatives. Authorizes the Secretary of Labor to make direct lump sum payments to the Commission to be used to carry out a training program on careers associated with infrastructure development and long-term stability in rural Alaska. Requires the program to focus on: (1) training for construction, operations, and maintenance of Commission projects; (2) management training relating to the operation of Commission projects; (3) initiatives for Alaskan youths to encourage careers that support Commission projects; and (4) training for construction, operations, and maintenance for public infrastructure projects. Directs the Commission to provide assistance to address the housing needs of teachers in rural Alaska. Authorizes the Commission to assist in housing development activities. Authorizes appropriations through FY2014.

A bill to amend the Denali Commission Act of 1998 to modify the authority of the Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Commission on Civic Service Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The social fabric of the United States is stronger if individuals in the United States are committed to protecting and serving our Nation by utilizing national service and volunteerism to overcome our civic challenges. (2) A more engaged civic society will strengthen the Nation by bringing together people from diverse backgrounds and experiences to work on solutions to some of our Nation's major challenges. (3) Despite declines in civic health in the past 30 years, national service and volunteerism among the Nation's youth are increasing, and existing national service and volunteer programs greatly enhance opportunities for youth to engage in civic activity. (4) In addition to the benefits received by nonprofit organizations and society as a whole, volunteering and national service provide a variety of personal benefits and satisfaction and can lead to new paths of civic engagement, responsibility, and upward mobility. SEC. 3. ESTABLISHMENT. There is established in the legislative branch a commission to be known as the ``Congressional Commission on Civic Service'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. (a) General Purpose.--The purpose of the Commission is to gather and analyze information in order to make recommendations to Congress to-- (1) improve the ability of individuals in the United States to serve others and, by doing so, to enhance our Nation and the global community; (2) train leaders in public service organizations to better utilize individuals committed to national service and volunteerism as they manage human and fiscal resources; (3) identify and offer solutions to the barriers that make it difficult for some individuals in the United States to volunteer or perform national service; and (4) build on the foundation of service and volunteer opportunities that are currently available. (b) Specific Topics.--In carrying out its general purpose under subsection (a), the Commission shall address and analyze the following specific topics: (1) The level of understanding about the current Federal, State, and local volunteer programs and opportunities for service among individuals in the United States. (2) The issues that deter volunteerism and national service, particularly among young people, and how the identified issues can be overcome. (3) Whether there is an appropriate role for Federal, State, and local governments in overcoming the issues that deter volunteerism and national service and, if appropriate, how to expand the relationships and partnerships between different levels of government in promoting volunteerism and national service. (4) Whether existing databases are effective in matching community needs to would-be volunteers and service providers. (5) The effect on the Nation, on those who serve, and on the families of those who serve, if all individuals in the United States were expected to perform national service or were required to perform a certain amount of national service. (6) Whether a workable, fair, and reasonable mandatory service requirement for all able young people could be developed, and how such a requirement could be implemented in a manner that would strengthen the social fabric of the Nation and overcome civic challenges by bringing together people from diverse economic, ethnic, and educational backgrounds. (7) The need for a public service academy, a 4-year institution that offers a federally funded undergraduate education with a focus on training future public sector leaders. (8) The means to develop awareness of national service and volunteer opportunities at a young age by creating, expanding, and promoting service options for primary and secondary school students and by raising awareness of existing incentives. (9) The effectiveness of establishing a training program on college campuses to recruit and educate college students for national service. (10) The effect on United States diplomacy and foreign policy interests of expanding service opportunities abroad, such as the Peace Corps, and the degree of need and capacity abroad for an expansion. (11) The constraints that service providers, nonprofit organizations, and State and local agencies face in utilizing federally funded volunteer programs, and how these constraints can be overcome. (12) Whether current Federal volunteer programs are suited to address the special skills and needs of senior volunteers, and if not, how these programs can be improved such that the Federal government can effectively promote service among the ``baby boomer'' generation. (c) Methodology.-- (1) Public hearings.--The Commission shall conduct public hearings in various locations around the United States. (2) Regular and frequent consultation.--The Commission shall regularly and frequently consult with an advisory panel of members of Congress appointed for such purpose by the Speaker of the House of Representatives and the majority leader of the Senate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 8 members appointed as follows: (A) 2 members appointed by the Speaker of the House of Representatives. (B) 2 members appointed by the minority leader of the House of Representatives. (C) 2 members appointed by the majority leader of the Senate. (D) 2 members appointed by the minority leader of the Senate. (2) Qualifications.--The members of the Commission shall consist of individuals who are of recognized standing and distinction in the areas of international public service, national public service, service-learning, local service, business, or academia. (3) Deadline for appointment.--The members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (4) Chairperson.--The Chairperson of the Commission shall be designated by the Speaker of the House of Representatives at the time of the appointment. (b) Terms.-- (1) In general.--The members of the Commission shall serve for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall not affect the power of the remaining members to execute the duties of the Commission but any such vacancy shall be filled in the same manner in which the original appointment was made. (c) Compensation.-- (1) Rates of pay; travel expenses.--Each member shall serve without pay, except that 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. (2) Prohibition of compensation of federal employees.-- Notwithstanding paragraph (1), any member of the Commission who is a full-time officer or employee of the United States may not receive additional pay, allowances, or benefits because of service on the Commission. (d) Meeting Requirements.-- (1) Frequency.-- (A) Quarterly meetings.--The Commission shall meet at least quarterly. (B) Additional meetings.--In addition to quarterly meetings, the Commission shall meet at the call of the Chairperson or a majority of its members. (2) Quorum.--5 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (3) Meeting by telephone or other appropriate technology.-- Members of the Commission are permitted to meet using telephones or other suitable telecommunications technologies provided that all members of the Commission can fully communicate with all other members simultaneously. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.-- (1) Appointment.--The Commission shall have a Director who shall be appointed by the Chairperson with the approval of the Commission. (2) Credentials.--The Director shall have credentials related to international public service, national public service, service-learning, or local service. (3) Salary.--The Director shall be paid at a rate determined by the Chairperson with the approval of the Commission, except that the rate may not exceed the rate of basic pay for GS-15 of the General Schedule. (b) Staff.--With the approval of the Chairperson, the Director may appoint and fix the pay of additional qualified personnel as the Director considers appropriate. (c) Experts and Consultants.--With the approval of the Commission, the Director 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 equivalent of the maximum annual rate of basic pay for GS-15 of the General Schedule. (d) Staff of Federal Agencies.--Upon request of the Commission, Chairperson, or Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold public hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--Upon request of the Chairperson, the head of any department or agency shall furnish information to the Commission that the Commission deems necessary to enable it to carry out this Act. (d) Physical Facilities and Equipment.--The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable facilities and equipment for the operation of the Commission on a nonreimbursable basis. (e) Administrative Support Services.--Upon the request of the Commission, the Architect of the Capitol and the Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request in order for the Commission to carry out its responsibilities under this Act. SEC. 8. REPORTS. (a) Interim Report.--The Commission shall submit an interim report on its activities to Congress not later than 20 months after the date of the enactment of this Act. (b) Final Report.-- (1) Deadline.--The Commission shall submit a final report on its activities to Congress not later than 120 days after the submission of the interim report under subsection (a). (2) Contents.--The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for proposed legislation. SEC. 9. TERMINATION. The Commission shall terminate not later than 30 days after submitting its final report under section 8(b)(1).

Congressional Commission on Civic Service Act - Establishes the Congressional Commission on Civic Service to make recommendations to Congress for: (1) improving the ability of individuals to serve others; (2) training leaders in public service organizations to better utilize individuals committed to national service and volunteerism as they manage human and fiscal resources; (3) identifying solutions to the barriers that make it difficult for some individuals to volunteer or perform national service; and (4) building on the foundation of current service and volunteer opportunities. Specifies topics to be addressed by the Commission, including deterrents to service, a mandatory service requirement, and the need for a public service academy.

To establish the Congressional Commission on Civic Service to study methods of improving and promoting volunteerism and national service, and for other purposes.

SECTION 1. SHORT TITLE AND FINDINGS. (a) Short Title.--This Act may be cited as the ``Linking Educators and Developing Entrepreneurs for Reaching Success (LEADERS) Act of 2002''. (b) Findings.--Congress makes the following findings: (1) Business incubators housed in academic settings provide unique educational opportunities for students, provide entrepreneurs with enhanced access to a skilled workforce, and bring a wealth of resources to business, academia, and communities. (2) Academic affiliated incubators bridge the missions of academic institutions by bringing together education, economic development, and technology commercialization efforts. (3) Studies have shown that incubator tenant companies have an average success rate of 87 percent, and 90 percent for technology-based incubator tenant companies. These success rates are dramatically higher than the success rates for companies in the general economy. (4) Incubator companies are also more likely to remain in the same communities as they grow and to provide high paying jobs and benefits to their employees. (5) Business incubators help academic institutions contribute to local goals of sustaining economic development in their surrounding communities. (6) Education in entrepreneurship and other business formation skills is essential to business success and sustainable economic development. SEC. 2. PURPOSE. The purpose of this Act is to encourage entrepreneurship by increasing the role for academia in entrepreneurship by providing space and expertise in an academic setting to house and support new and emerging small businesses. SEC. 3. DEFINITIONS. In this Act: (1) Degree-granting institution.--The term ``degree- granting institution'' means an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), that awards an associate or baccalaureate degree. (2) Incubator.--The term ``incubator'' means an entity affiliated with or housed in a degree-granting institution that provides space and coordinated and specialized services to entrepreneurial businesses which meet selected criteria during the businesses' startup phase, including providing services such as shared office space and services, access to equipment, access to telecommunications and technology services, flexible leases, specialized management assistance, access to financing, and other coordinated business or technical support services. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. PROGRAM AUTHORIZED. (a) In General.--The Secretary is authorized to support the establishment and development of incubators. (b) Allocation of Funds.--From the amount appropriated under section 9, the Secretary-- (1) shall use 80 percent of the amount to-- (A) make awards, on a competitive basis, in amounts of $500,000 to $750,000, to help acquire or renovate space for incubators; and (B) make awards, on a competitive basis, in amounts of $50,000 to $150,000, for developing curricula, providing services (including preparing corporate charters, partnership agreements, and basic contracts, assistance with patents, trademarks, and copyrights, and technology acquisition services), or providing programming for entrepreneurs housed in an incubator; (2) shall use 10 percent of the amount to make awards, on a competitive basis, in amounts of $50,000 to $150,000, for feasibility studies for determining the need for or siting of incubators; and (3) shall use 10 percent for research regarding best practices for incubator programs, including the development of a benchmarking system based on uniform measures, and for dissemination of information regarding such practices. (c) Contracts.--The Secretary is authorized to contract with organizations with expertise in business incubation practices for the purposes of carrying out subsection (b)(3). (d) Recipients.--The Secretary shall make an award-- (1) described in subsection (b)(1) to a nonprofit entity that has a strong affiliation with a degree-granting institution and manages or provides technical assistance to the degree-granting institution's affiliated incubator, or if no nonprofit entity manages or provides technical assistance to the incubator, to the degree-granting institution managing the incubator; and (2) described in subsection (b)(2) to a degree-granting institution, or a nonprofit municipality, city, township, or community development organization. SEC. 5. USES OF FUNDS. Funds awarded under section 4(b)(1)(B) may be used for-- (1) curriculum, training, or technical assistance developed by academic faculty with participation from entrepreneurship experts and local government leaders; (2) programming that contributes to a coordinated set of business assistance tools, such as developing management teams, providing workforce development, forming strategic alliances, developing capital formation networks, and developing customized plans to help entrepreneurs meet the challenges of doing business in their specific communities; and (3) hiring staff to coordinate the activities described in paragraph (1) or (2) or for curriculum development. SEC. 6. APPLICATIONS. (a) In General.--Each entity desiring assistance under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents.--Each application shall contain an assurance that the activities to be assisted-- (1) have the support of the municipality, city, or township in which the incubator is housed or proposed to be housed; and (2) are consistent with the local economic development plan or strategic master plan. (c) Priority.--The Secretary shall give priority to funding applications under this Act that provide strong educational opportunities to students in entrepreneurship, and that require significant collaboration between businesses, academia, and local government and economic development leaders. (d) Consideration.-- (1) In general.--In addition to applications from other appropriate sources, the Secretary may give consideration to funding applications under this Act that support-- (A) the building of new incubators; (B) incubators located in economically distressed areas; (C) incubators with successful graduation rates for tenant companies; (D) incubators that have shown demonstrable economic benefits in their surrounding communities; (E) incubators that work with faculty entrepreneurs or university-based research; or (F) incubators located in rural, inner-city areas, or Indian reservations or pueblos where the presence of an incubator may enhance and diversify the area's economy through expanded technology commercialization. (2) Definition of consideration.--In this subsection, the term ``consideration'' does not mean priority. SEC. 7. MATCHING FUNDS. Each entity receiving Federal assistance under section 4(b)(1) shall contribute matching funds, in an amount equal to the amount of Federal assistance received under this Act, toward the costs of the activities assisted under this Act. The non-Federal share required under this section may be provided in the form of in-kind contributions. SEC. 8. REPORT. The Secretary, at the end of the third year for which assistance is provided under this Act, shall prepare and submit to Congress a report that-- (1) describes the most effective or innovative additions to curricula developed under this Act; (2) contains a comparison of small business survival rates for small businesses that started up in incubators versus small businesses that did not so start; (3) describes factors leading to any success of incubator businesses; (4) describes the best role for degree-granting institutions in business incubation; and (5) contains a comparison of academic-affiliated incubators of specific missions and ages supported under this Act with incubators with similar missions and ages that are not supported under this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2003, 2004, and 2005.

Linking Educators and Developing Entrepreneurs for Reaching Success (LEADERS) Act of 2002 - Authorizes the Secretary of Education to support business incubation at institutions of higher education that award associate or baccalaureate degrees.Directs the Secretary to make competitive, matching awards to: (1) a non-profit entity that manages or provides technical assistance to a degree-granting institution's affiliated incubator (or to the institution that manages in the absence of such an entity), for helping acquire or renovate space for incubators, and for developing curricula, providing services, or providing programming for entrepreneurs housed in an incubator; and (2) a degree-granting institution or a nonprofit local government or community development organization, for feasibility studies to determine the need for or siting of incubators. Requires the Secretary to reserve certain amounts for research regarding best practices for incubator programs, including the development of a benchmarking system based on uniform measures, and for dissemination of information regarding such practices. Authorizes contracts for such purposes with organizations with expertise in business incubation practices.

To support business incubation in academic settings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Public Alert and Warning System Modernization Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) numerous proven and tested technologies exist to enable the Federal Government to enhance its dissemination of public alerts and warnings; (2) the expected benefits of these enhancements include-- (A) greater security, reliability, and redundancy of the Federal Government's alert and warning capabilities; (B) rapid alert dissemination; (C) an improved ability to notify remote locations; (D) the ability to geographically target and deliver alerts and warnings through multiple communication modes; and (E) the ability to permit homeland security grants to be utilized for the purposes of modernizing public alert and warning systems; (3) there is a need to test the viability of delivering messages through diverse communications modes to effectively alert and warn the public; (4) there is a need to modernize and improve the ability of the Federal Government to provide residents of the United States with timely and effective warnings; and (5) although significant Federal integration efforts are underway, the aggregation, dissemination, and reporting system necessary for effective public alert and warning will require an integrated national network for reliable, secure, and authentic dissemination of emergency alerts and warnings by Federal, State, local, and tribal entities that are authorized to issue alerts to the public. SEC. 3. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) In General.-- (1) Amendment.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end of the following new section: ``SEC. 526. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. ``(a) In General.--In order to provide timely and effective warnings and disseminate homeland security information and other information, the Secretary shall, considering the recommendations of the advisory committee established under subsection (d), modernize and implement the national integrated public alert and warning system (in this section referred to as `the public alert and warning system'). ``(b) Implementation Requirements.--In carrying out subsection (a), the Secretary shall-- ``(1) establish or adapt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; ``(2) include in the public alert and warning system the capability to adapt the dissemination of homeland security information and other information and the content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; ``(3) include in the public alert and warning system the capability to alert, warn, and provide the equivalent amount of information to individuals with disabilities and access and functional needs; ``(4) ensure the conduct of training, tests, and exercises for the public alert and warning system, and that the system is incorporated into other training and exercise programs of the Department, as appropriate; ``(5) ensure that ongoing training, integrated into the National Incident Management System, for receiving and disseminating public alert and warning system messages utilizing advanced technologies is provided to State, local, tribal, and other homeland security stakeholders involved in the transmission of such messages; ``(6) ensure that the public alert and warning system uses the National Terrorism Advisory System, including ensuring that the National Terrorism Advisory System participates in tests of the public alert and warning system; ``(7) conduct, at least once every 3 years, periodic nationwide tests of the public alert and warning system; and ``(8) consult, coordinate, and cooperate, to the extent practicable, with other Federal agencies and departments and with State, local, and tribal governments, the private sector, and other key stakeholders to leverage existing alert and warning capabilities. ``(c) System Requirements.--The Secretary shall ensure that the system-- ``(1) incorporates redundant and diverse modes to disseminate homeland security information and other information in warning messages to the public so as to reach the greatest number of individuals; ``(2) can be adapted to incorporate future technologies; ``(3) is resilient, secure, and can withstand acts of terrorism and other external attacks; ``(4) promotes State, local, tribal, and regional partnerships to enhance coordination; ``(5) is designed to provide alerts that are accessible to the largest portion of the affected population feasible, including nonresident visitors and tourists and individuals with disabilities and access and functional needs; ``(6) is designed to improve the ability of remote areas and areas with underdeveloped telecommunications infrastructure to receive alerts; and ``(7) includes mechanisms to ensure the protection of individual privacy. ``(d) Integrated Public Alert and Warning System Modernization Advisory Committee.-- ``(1) Establishment.--Not later than 90 days after the date of enactment of the Integrated Public Alert and Warning System Modernization Act of 2012, the Secretary shall establish an advisory committee to be known as the Integrated Public Alert and Warning System Advisory Committee (in this subsection referred to as the `Advisory Committee'). ``(2) Membership.--The Advisory Committee shall be composed of the following members: ``(A) The Chairman of the Federal Communications Commission (or the Chairman's designee). ``(B) The Administrator of the National Oceanic and Atmospheric Administration (or the Administrator's designee). ``(C) The Assistant Secretary for Communications and Information of the Department of Commerce (or the Assistant Secretary's designee). ``(D) The Under Secretary for Science and Technology of the Department of Homeland Security. ``(E) The Director of the Office of Disability Integration and Coordination of the Federal Emergency Management Agency. ``(F) The following members, to be appointed by the Secretary as soon as practicable after the date of enactment of the Integrated Public Alert and Warning System Modernization Act of 2012: ``(i) Representatives of State and local governments, representatives of emergency management agencies, representatives of emergency response providers, and representatives of emergency communication providers, selected from among individuals nominated by national organizations representing governments and personnel. ``(ii) Representatives from federally recognized Indian tribes and national Indian organizations. ``(iii) Individuals who have the requisite technical knowledge and expertise to serve on the Advisory Committee, including representatives of-- ``(I) communications service providers; ``(II) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; ``(III) third-party service bureaus; ``(IV) the broadcasting industry; ``(V) the cellular industry; ``(VI) the cable industry; ``(VII) the satellite industry; ``(VIII) national organizations representing individuals with disabilities and access and functional needs, and the elderly; and ``(IX) national organizations representing educational institutions, including higher education. ``(iv) Qualified representatives of such other stakeholders and interested and affected parties as the Secretary considers appropriate. ``(3) Chairperson.--The Secretary (or the Secretary's designee) shall serve as the Chairperson of the Advisory Committee. ``(4) Meetings.-- ``(A) Initial meeting.--The initial meeting of the Advisory Committee shall take place not later than 120 days after the date of enactment of the Integrated Public Alert and Warning System Modernization Act of 2012. ``(B) Other meetings.--After the initial meeting, the Advisory Committee shall meet, at least annually, at the call of the Chairperson. ``(C) Notice; open meetings.--Meetings held by the Advisory Committee shall be duly noticed at least 14 days in advance and shall be open to the public. ``(5) Rules.--The Advisory Committee may adopt such rules as are necessary to carry out its duties. ``(6) Consultation with nonmembers.--The Advisory Committee and the program office for the integrated public alert and warning system of the United States shall regularly meet with groups that are not represented on the Advisory Committee to consider new and developing technology that may be beneficial to the public alert and warning system, such as-- ``(A) the Defense Advanced Research Projects Agency; ``(B) entities engaged in federally funded research; and ``(C) academic institutions engaged in relevant work and research. ``(7) Recommendations.--The Advisory Committee shall develop and submit in the annual reports under paragraph (8) recommendations for the continuation and improvement of an integrated public alert and warning system, including-- ``(A) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; ``(B) an assessment of the accomplishments and deficiencies of the public alert and warning system, as well as the impact on current alert and warning systems; ``(C) recommendations for increasing participation in the system, particularly among elementary, secondary, and higher education institutions; and ``(D) recommendations for improvements to the system, including recommendations to provide for a public alert and warning system that-- ``(i) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, multiple communication systems and technologies or personal user preferences, as appropriate; ``(ii) has the capability to alert and warn individuals with disabilities and access and functional needs and individuals with limited English proficiency; ``(iii) incorporates multiple communications technologies; ``(iv) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; ``(v) encourages proper use by State and local governments of the public alert and warning system through training programs and other means; ``(vi) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; ``(vii) promotes local and regional public and private partnerships to enhance community preparedness and response; ``(viii) promotes the participation of representatives from underserved and underrepresented communities, to ensure that alerts and warnings reach such populations; and ``(ix) provides redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device. ``(8) Report.--Not later than 1 year after the date of enactment of the Integrated Public Alert and Warning System Modernization Act of 2012, and every year after, the Advisory Committee shall submit to the Secretary a report containing the recommendations of the Advisory Committee. ``(9) Federal advisory committee act.--Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act shall apply to the Advisory Committee. ``(e) Report.--Not later than 1 year after the date on which the system established under subsection (a) is fully functional and every six months thereafter, the Secretary shall 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 report on the functionality and performance of the integrated public alert and warning system, including-- ``(1) the findings of the most recent Advisory Committee report under subsection (d)(8); ``(2) an assessment of the accomplishments and deficiencies of the system; ``(3) recommendations for improvements to the system; and ``(4) information on the feasibility and effectiveness of disseminating homeland security information and other information, notices, and alerts prior to and following an incident requiring use of the system. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $13,400,000 for each of fiscal years 2013 through 2017.''. (2) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such title the following: ``Sec. 526. National integrated public alert and warning system modernization.''. (b) Limitation on Statutory Construction.--Nothing in this Act (including the amendment made by this Act) shall be construed to affect the authority of the Department of Commerce, the Federal Communications Commission, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (c) Homeland Security Grants.--Section 2008(a) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)) is amended-- (1) in paragraph (12), by striking ``and'' at the end; (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following new paragraph: ``(13) improving public alert and warning capabilities; and''.

Integrated Public Alert and Warning System Modernization Act of 2012 - Amends the Homeland Security Act of 2002 (HSA) to direct the Secretary of Homeland Security to modernize and implement the national integrated public alert and warning system, including by: (1) establishing or adapting common alerting and warning protocols, standards, terminology, and operating procedures; (2) including the capability to adapt the dissemination of information and the content of communications on the basis of geographic location, risks, or personal user preferences and the capability to alert, warn, and provide the equivalent amount of information to individuals with disabilities and access and functional needs; (3) ensuring the conduct of training, tests, and exercises for the system that are incorporated into other training and exercise programs of the Department of Homeland Security (DHS); (4) ensuring that ongoing training, integrated into the National Incident Management System, for receiving and disseminating public alert and warning system messages utilizing advanced technologies is provided to state, local, tribal, and other homeland security stakeholders; (5) ensuring that the system uses the National Terrorism Advisory System; (6) conducting periodic nationwide tests of the system at least once every three years; and (7) consulting, coordinating, and cooperating with other federal agencies and with state, local, and tribal governments, the private sector, and other key stakeholders to leverage existing alert and warning capabilities. Requires the Secretary to ensure that the system: (1) incorporates redundant and diverse modes to disseminate warning messages to reach the greatest number of individuals; (2) can be adapted to incorporate future technologies; (3) is resilient, secure, and can withstand acts of terrorism and other external attacks; (4) promotes state, local, tribal, and regional partnerships to enhance coordination; (5) is designed to provide alerts that are accessible to the largest portion of the affected population feasible and to improve the ability of remote areas and areas with underdeveloped telecommunications infrastructure to receive alerts; and (6) includes mechanisms to ensure the protection of individual privacy. Directs the Secretary to establish the Integrated Public Alert and Warning System Advisory Committee, which shall develop and submit in annual reports recommendations for the continuation and improvement of an integrated public alert and warning system, including: (1) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the system; (2) an assessment of system accomplishments and deficiencies, as well as the impact on current alert and warning systems; and (3) recommendations for increasing participation in the system, particularly among elementary, secondary, and higher education institutions. Requires the recommendations to include recommendations to provide a system that: (1) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, multiple communication systems and technologies or personal user preferences and to alert and warn individuals with disabilities, access and functional needs, and limited English proficiency; (2) incorporates multiple communications technologies; (3) is designed to adapt to and incorporate future technologies for communicating directly with the public, to provide alerts to the largest portion of the affected population feasible, and to improve the ability of remote areas to receive alerts; (4) encourages proper use by state and local governments through training programs and other means; (5) promotes local and regional partnerships to enhance community preparedness and response; (6) promotes the participation of representatives from under served and under represented communities to ensure that alerts and warnings reach such populations; and (7) provides redundant alert mechanisms to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device. Requires the Secretary, one year after the system is fully functional and every six months thereafter, to report to specified congressional committees on the functionality and performance of the system. Authorizes appropriations for FY2013-FY2017. Directs the Administrator of the Federal Emergency Management Agency (FEMA) to permit the use of homeland security grant funds to improve public alert and warning capabilities.

To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to modernize and implement the national integrated public alert and warning system to disseminate homeland security information and other information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Lives, Saving Costs Act''. SEC. 2. PURPOSES. The purposes of this Act are: (1) To offer physicians who document adherence to certain evidence-based clinical-practice guidelines, and, when applicable, appropriate use criteria, a safe harbor from medical-malpractice litigation. (2) To reduce the practice of defensive medicine and resulting health care costs. (3) To increase adherence to evidence-based clinical practice guidelines to reduce clinical variation in health care practice. (4) To improve quality of care and patient safety. (5) To permit organizations with relevant expertise to participate in the selection of clinical practice guidelines. (6) To permit professionals with relevant expertise to participate and benefit from liability reform. SEC. 3. REQUIREMENTS FOR SELECTION OF CLINICAL PRACTICE GUIDELINES. (a) Selection.--Not later than 6 months after the date of enactment of this Act, eligible professional organizations that have established, published, maintained and updated on a regular basis, clinical practice guidelines, including when applicable, appropriate use criteria, that incorporate best practices, shall submit to the Secretary those guidelines. Not later than 6 months after that submission date, the Secretary shall select and designate one or more of those eligible professional organizations to provide and maintain such clinical practice guidelines on behalf of the Secretary. To this end, not more than 6 months after designating each such eligible professional organization, the Secretary shall enter into an agreement with each such eligible professional organization for maintenance and updating of such clinical practice guidelines. (b) Maintenance.-- (1) Periodic review.--Not later than 5 years after publication of guidelines, and every five years thereafter, the Secretary shall review the clinical practice guidelines and shall, as necessary, enter into agreements with eligible professional organizations. (2) Update by eligible professional organization.--An eligible professional organization that collaborated in the establishment of a clinical practice guideline may submit amendments to that clinical practice guideline at any time to the Secretary, who shall review the amendments. (3) Notification required for certain updates.--In the case of an amendment under paragraph (2) that adds, materially changes, or removes a guideline from a set of guidelines, such update shall not apply under this subsection unless notification of such update is made available to applicable eligible professionals. SEC. 4. DEVELOPMENT. (a) Guideline Standards.--To the extent possible, the development of clinical practice guidelines should be guided by the Institute of Medicine's Standards for Developing Trustworthy Guidelines and should-- (1) be developed through a transparent process that minimizes conflicts of interest; (2) be developed by a knowledgeable, multidisciplinary panel of experts and representatives from key affected groups; (3) take into consideration important patient subgroups and patient preferences as appropriate; (4) be based on a systematic review of the existing evidence; (5) provide a clear explanation of the relationship between care options and health outcomes; (6) provide ratings of both the quality of evidence and strength of recommendation; (7) be reconsidered and revised when new evidence emerges; and (8) clearly identify any exceptions to the application of the clinical practice guideline. (b) Required Disclosures From Eligible Professional Organizations.--Any person who is affiliated with an eligible professional organization and who directly participated in the creation of a clinical practice guideline shall disclose any conflicts of interest pertaining to the development of the clinical practice guideline, including any conflict of interest pertaining to any instrument, medicine, drug, or any other substance, device, or means included in the clinical practice guideline. Disclosures by eligible professional organizations shall be made promptly, upon submission of the guidelines, and during every review of the guidelines, to the Secretary. Disclosures shall additionally include the following: (1) Scientific methodology and evidence that supports clinical practice guidelines. (2) Outside collaborators. (3) Endorsements. SEC. 5. INTERNET PUBLICATION OF GUIDELINES. The Secretary of Health and Human Services shall publish all clinical practice guidelines on the Internet through the National Guideline Clearinghouse or other appropriate sites or sources, including all data and methodology used in the development and selection of the guidelines in compliance with data disclosure standards in the Health Insurance Portability and Accountability Act of 1996. SEC. 6. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS. (a) Limitation.--This Act shall not preempt or supersede any State or Federal law that imposes greater procedural or substantive protections for health care providers and health care organizations from liability, loss, or damages than those provided by this title or create a cause of action. (b) State Flexibility.--No provision of this Act shall be construed to preempt any defense available to a party in a health care liability action under any other provision of State or Federal law. SEC. 7. RIGHT OF REMOVAL. Section 1441 of title 28, United States Code, is amended by adding at the end the following: ``(g) Certain Actions Against Medical Professionals.--(1) Any health care liability action brought in a State court against an applicable eligible professional or health care provider may be removed by any defendant or the defendants to the district court of the United States for the district and division embracing the place where such action is pending. ``(2) For purposes of this subsection the terms `applicable eligible professional', `health care provider', `health care liability action', and `health care liability claim' have the meaning given such term in section 10 of the Saving Lives, Saving Costs Act of 2014.''. SEC. 8. MANDATORY REVIEW BY INDEPENDENT MEDICAL REVIEW PANEL. (a) In General.--If, in any health care liability action against an applicable eligible professional, the applicable eligible professional alleges, in any response to the claimant's filing, that the applicable eligible professional adhered to an applicable clinical practice guideline in the provision of health care goods or services to the claimant, then the court shall suspend further proceedings on the health care liability action prior to discovery proceedings, until the completion of a review of the action by an independent medical review panel. (b) Independent Medical Review Panel.-- (1) Composition.--An independent medical review panel under this section shall be composed of 3 members who are experts in the relevant field of clinical practice. (2) Requirements for member eligibility.--To be eligible to serve on an independent medical review panel, a member shall-- (A) be an experienced physician certified by a board recognized by the American Board of Medical Specialties; (B) not earlier than 2 years prior to the date of selection to the board, have been in active medical practice or devoted a substantial portion of his or her time to teaching at an accredited medical school, or have been engaged in university-based research in relation to the medical care and type of treatment at issue; and (C) be approved by his or her specialty society. When possible, members should be from the region where the case in question originates to account for geographical practice variation. (3) No civil liability for members.--No civil action shall be brought in any court against any member for any act done, failure to act, or statement or opinion made, within the scope of his or her duties as a member of the independent medical review panel. (4) Considerations in making determinations.--The members of the independent medical review panel shall acknowledge the ability of physicians to depart from the recommendations in clinical practice guidelines, when appropriate, in the care of individual patients. (5) Selection of members.--Each member of the panel shall be jointly selected by the parties. A member whose selection one party does not concur in may not serve on the panel, except that, if, not later than 30 days after a response to the health care liability action is filed, 3 members have not been selected by the parties, the court shall appoint any remaining members. (6) Compensation of members.--The costs of compensation to the members of the panel shall be split between the parties equally, unless otherwise agreed to by the parties. (c) Terms of Review.--A review by an independent medical review panel under this section shall comply with the following: (1) Standard of conduct.--The mandatory independent medical review panel that is charged with the responsibility of making a preliminary finding as to liability of the defendant applicable eligible professional shall deem the prescribed clinical practice guidelines as the standard of conduct, care, and skill expected of members of the medical profession engaged in the defendant's field of practice under the same or similar circumstances. (2) Record for review.--The review panel shall make a preliminary finding based solely upon the pre-discovery evidence submitted to it pursuant to Rule 26 of the Federal Rules of Civil Procedure and the applicable prescribed clinical practice guidelines. (3) Limitation.--The review panel shall not make a finding of negligence from the mere fact that a treatment or procedure was unsuccessful, failed to bring the best result or that the patient died. (4) Use at trial of work product of review panel.--No preliminary finding by the review panel that the defendant applicable eligible professional breached the standard of care as set forth under the prescribed clinical practice guidelines shall constitute negligence per se or conclusive evidence of liability. However, said findings, opinions and conclusions of the review panel shall be admissible as evidence in any and all subsequent proceedings before the court, including for purposes of motions for summary judgment and at trial. (d) Results of Review.-- (1) In general.--Not later than 60 days after all members of the panel have been selected, the panel shall complete a review of the record of the liability action and shall make a finding under this subsection. (2) Finding described.--A finding under this subsection shall include the following: (A) A determination of whether or not there are any applicable clinical practice guidelines to the health care liability action that substantively pertains to the injury suffered by the claimant. (B) If the applicable eligible professional has alleged adherence to any such guideline. (C) If the applicable eligible professional did adhere to any such guideline. (D) Whether there is a reasonable probability that-- (i) the applicable eligible professional violated the applicable standard of care; (ii) that violation proximately caused the claimant's alleged injury; and (iii) the claimant suffered damages as a result of the injury. (3) Use at trial.--The finding under this subsection may be received into evidence by the court. If the panel made any finding under paragraph (2)(D) that there was no reasonable probability, the court may issue a summary judgment in favor of the applicable eligible professional unless the claimant is able to show otherwise by clear and convincing evidence. If the panel made a finding under subparagraphs (A) through (C) that there was an applicable clinical practice guideline that the defendant adhered to, the court shall issue summary judgment in favor of the applicable eligible professional unless the claimant is able to show otherwise by clear and convincing evidence. Any preliminary finding that the defendant applicable eligible professional did not breach the standard of care as set forth under the prescribed medical practice guidelines or that the defendant applicable eligible professional's failure to conform to the required standard was neither the cause in fact nor the proximate cause of the plaintiff's injury or that the plaintiff did not incur any damages as a result shall be given deference by the court and shall entitle the defendant applicable eligible professional to summary judgment unless the plaintiff is able to show by clear and convincing evidence that the independent medical review panel was in error and that there is a genuine issue as to a material fact in the case. SEC. 9. RECOVERY OF COSTS. If the defendant applicable eligible professional prevails subsequent to a preliminary finding in his or her favor by the independent medical review panel, the defendant may recover costs and attorneys' fees from the plaintiff. SEC. 10. DEFINITIONS. In this Act: (1) Applicable eligible professional.--The term ``applicable eligible professional'' means physicians practicing within clinical practice guidelines submitted by an eligible professional organization and includes employees and agents of a physician. (2) Appropriate use criteria.--The term ``appropriate use criteria'' means established evidence-based guidelines developed or endorsed by an eligible professional organization that specify when the health benefits of a procedure or service exceed the expected health risks by a significantly wide margin. (3) Clinical practice guideline.--The term ``clinical practice guideline'' means systematically developed statements based on the review of clinical evidence for assisting a health care provider to determine the appropriate health care in specific clinical circumstances. (4) Eligible professional organization.--The term ``eligible professional organization'' means a national or State medical society or medical specialty society. (5) Federal payor.--The term ``Federal payor'' includes reimbursements made under the Medicare program under title XVIII of the Social Security Act or the Medicaid program under title XIX of the Social Security Act, premium tax credits under section 36B of the Internal Revenue Code of 1986 or cost- sharing reductions under section 1402 of the Patient Protection and Affordable Care Act, or medical screenings, treatments, or transfer services provided pursuant to section 1867 of the Social Security Act is not made by the individual or any non- Federal third party on behalf of the individual. (6) Health care goods or services.--The term ``health care goods or services'' means any goods or services provided by a health care organization, provider, or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, or treatment of any human disease or impairment, or the assessment or care of the health of human beings. (7) Health care liability action.--The term ``health care liability action'' means a civil action against a health care provider or a health care organization, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action, in which the claimant alleges a health care liability claim. (8) Health care liability claim.--The term ``health care liability claim'' means a claim by any person against a health care provider or a health care organization which is based upon the provision of, use of, or payment for (or the failure to provide, use, or pay for) health care goods services for which at least partial payment was made by a Federal payor or which was mandated by Federal law, regardless of the theory of liability on which the claim is based. (9) Health care organization.--The term ``health care organization'' means any person or entity which is obligated to provide or pay for health benefits under any health plan, including any person or entity acting under a contract or arrangement with a health care organization to provide or administer any health benefit. (10) Health care provider.--The term ``health care provider'' means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. (11) Performance period.--The term ``performance period'' means the period of time during which the final rule establishing a clinical practice guideline is in effect. (12) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Saving Lives, Saving Costs Act - Establishes a framework for health care liability lawsuits to undergo review by independent medical review panels if health care professionals (practicing physicians or their agents or employees) allege adherence to applicable clinical practice guidelines in the provision of health care goods or services. Requires the Secretary of Health and Human Services (HHS) to publish clinical practice guidelines that have been provided and maintained by national or state medical societies or medical specialty societies designated by the Secretary. Sets forth standards for the development of guidelines, including related to transparency, the composition of the panel, and the review of existing evidence. Declares that this Act does not preempt or supersede any state or federal law that imposes greater procedural or substantive protections for health care providers and health care organizations from liability, loss, or damages than those provided under this Act nor does it create a cause of action or preempt any defenses otherwise available. Allows a defendant to remove any health care liability action brought in a state court to a district court. Requires an independent medical review in health care liability actions if the eligible professionals allege that they adhered to applicable clinical practice guideline. Sets forth procedures for the use of the panel's findings at trial. Enables defendants to recover costs and attorneys' fees from plaintiffs if the defendants prevail subsequent to preliminary findings in their favor.

Saving Lives, Saving Costs Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Advertising and Disclosure Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) in the thirty days preceding a primary, and in the forty-five days preceding a general election, candidates for political office need to be able to buy, at the lowest unit charge, nonpreemptible advertising spots from broadcast stations and community antenna television systems to ensure that their messages reach the intended audience and that the voting public has an opportunity to make informed decisions; (2) since the Communications Act of 1934 was amended in 1972 to guarantee the lowest unit charge for candidates during these important preelection periods, the method by which advertising spots are sold in the broadcast and community antenna television industries has changed significantly; (3) changes in the method for selling advertising spots have made the interpretation and enforcement of the lowest unit charge provision difficult and complex; (4) clarification and simplification of the lowest unit charge provision in the Communications Act of 1934 are necessary to ensure compliance with the original intent of the provision; (5) in granting discounts and setting charges for advertising time, broadcasters and operators of community antenna television systems shall treat candidates for political office at least as well as the most favored commercial advertisers; and (6) enhancing the disclosure requirements of the Federal Election Campaign Act of 1971 will increase candidate accountability to the electorate and enhance the ability of the individual citizen to exercise informed judgment by more effectively identifying the source of political advertising and the credibility of each advocate. SEC. 3. USE OF BROADCASTING STATIONS BY CANDIDATES FOR PUBLIC OFFICE. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) in subsection (b)(1)-- (A) by striking ``forty-five'' and inserting in lieu thereof ``thirty''; (B) by striking ``sixty'' and inserting in lieu thereof ``forty-five''; and (C) by striking ``class and''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (3) by inserting immediately after subsection (b) the following new subsection: ``(c)(1) Except as provided in paragraph (2), a licensee shall not preempt the use, during any period specified in subsection (b)(1), of a broadcasting station by a legally qualified candidate for public office who has purchased and paid for such use pursuant to the provisions of subsection (b)(1). ``(2) If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''. -S-E-C-. -4-. -P-O-L-I-T-I-C-A-L -A-D-V-E-R-T-I-S-I-N-G -R-E-Q-U-I-R-E-M-E-N-T-S-. -(-a-) -S-e-c-t-i-o-n -3-1-8-(-a-) -o-f -t-h-e -F-e-d-e-r-a-l -E-l-e-c-t-i-o-n -C-a-m-p-a-i-g-n -A-c-t -o-f -1-9-7-1 -(-2 -U-.-S-.-C-. -4-4-1-d-(-a-)-) -i-s -a-m-e-n-d-e-d--- -(-1-) -b-y -s-t-r-i-k-i-n-g -t-h-e -p-e-r-i-o-d -a-t -t-h-e -e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-3-) -a-n-d -i-n-s-e-r-t-i-n-g -i-n -l-i-e-u -t-h-e-r-e-o-f -a -s-e-m-i-c-o-l-o-n-; -a-n-d -(-2-) -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e -f-o-l-l-o-w-i-n-g-: -`-`-e-x-c-e-p-t -t-h-a-t -i-n -t-h-e -c-a-s-e -o-f -a-n-y -c-o-m-m-u-n-i-c-a-t-i-o-n -a-u-t-h-o-r-i-z-e-d -b-y -a -c-a-n-d-i-d-a-t-e -a-n-d -m-a-d-e -t-h-r-o-u-g-h -a -b-r-o-a-d-c-a-s-t-i-n-g -s-t-a-t-i-o-n -o-r -a -c-o-m-m-u-n-i-t-y -a-n-t-e-n-n-a -t-e-l-e-v-i-s-i-o-n -s-y-s-t-e-m-, -s-u-c-h -c-o-m-m-u-n-i-c-a-t-i-o-n -s-h-a-l-l -a-l-s-o -m-e-e-t -t-h-e -f-o-l-l-o-w-i-n-g -r-e-q-u-i-r-e-m-e-n-t-s-: -`-`-(-A-) -D-u-r-i-n-g -t-h-e -c-o-m-m-u-n-i-c-a-t-i-o-n-, -t-h-e -f-o-l-l-o-w-i-n-g -s-h-a-l-l -b-e -s-t-a-t-e-d -a-u-r-a-l-l-y -i-n -t-h-e -c-a-n-d-i-d-a-t-e-'-s -v-o-i-c-e-: -`-I-, ____________-, -A -C-A-N-D-I-D-A-T-E -F-O-R ____________-, -H-A-V-E -A-P-P-R-O-V-E-D -O-F -T-H-I-S -A-D-'-, -w-i-t-h -t-h-e -f-i-r-s-t -b-l-a-n-k -s-p-a-c-e -b-e-i-n-g -f-i-l-l-e-d -w-i-t-h -t-h-e -c-a-n-d-i-d-a-t-e-'-s -n-a-m-e -a-n-d -t-h-e -s-e-c-o-n-d -b-l-a-n-k -s-p-a-c-e -b-e-i-n-g -f-i-l-l-e-d -w-i-t-h -t-h-e -n-a-m-e -o-f -t-h-e -o-f-f-i-c-e -s-o-u-g-h-t -b-y -t-h-e -c-a-n-d-i-d-a-t-e-. -`-`-(-B-) -T-h-e -s-t-a-t-e-m-e-n-t -r-e-q-u-i-r-e-d -b-y -s-u-b-p-a-r-a-g-r-a-p-h -(-A-) -s-h-a-l-l -b-e -s-p-o-k-e-n -c-l-e-a-r-l-y -w-i-t-h-o-u-t -r-u-s-h-i-n-g-, -d-i-s-g-u-i-s-i-n-g-, -o-r -d-e-e-m-p-h-a-s-i-z-i-n-g -p-a-r-t-i-c-u-l-a-r -w-o-r-d-s-. -`-`-(-C-) -I-n -t-h-e -c-a-s-e -o-f -a -c-o-m-m-u-n-i-c-a-t-i-o-n -m-a-d-e -t-h-r-o-u-g-h -a -t-e-l-e-v-i-s-i-o-n -b-r-o-a-d-c-a-s-t-i-n-g -s-t-a-t-i-o-n -o-r -c-o-m-m-u-n-i-t-y -a-n-t-e-n-n-a -t-e-l-e-v-i-s-i-o-n -s-y-s-t-e-m-, -t-h-e -b-a-c-k-g-r-o-u-n-d -p-h-o-t-o-g-r-a-p-h-y -d-u-r-i-n-g -t-h-e -e-n-t-i-r-e -t-i-m-e -t-h-e -s-t-a-t-e-m-e-n-t -r-e-q-u-i-r-e-d -b-y -s-u-b-p-a-r-a-g-r-a-p-h -(-A-) -i-s -m-a-d-e -s-h-a-l-l -c-o-n-s-i-s-t -o-f -a-n -u-n-o-b-s-c-u-r-e-d -f-u-l-l -f-a-c-e -p-i-c-t-u-r-e -o-f -t-h-e -c-a-n-d-i-d-a-t-e-, -o-c-c-u-p-y-i-n-g -n-o -l-e-s-s -t-h-a-n -4-0 -p-e-r-c-e-n-t -o-f -t-h-e -t-e-l-e-v-i-s-i-o-n -s-a-f-e -s-c-r-e-e-n -a-r-e-a-, -a-g-a-i-n-s-t -a -n-e-u-t-r-a-l -b-a-c-k-g-r-o-u-n-d-.-'-'-. -(-b-) -S-e-c-t-i-o-n -3-1-8 -o-f -t-h-e -F-e-d-e-r-a-l -E-l-e-c-t-i-o-n -C-a-m-p-a-i-g-n -A-c-t -o-f -1-9-7-1 -(-2 -U-.-S-.-C-. -4-4-1-d-) -i-s -a-m-e-n-d-e-d -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -s-u-b-s-e-c-t-i-o-n-: -`-`-(-c-) -A-s -u-s-e-d -i-n -t-h-i-s -s-e-c-t-i-o-n-, -t-h-e -`-c-o-m-m-u-n-i-t-y -a-n-t-e-n-n-a -t-e-l-e-v-i-s-i-o-n -s-y-s-t-e-m-' -h-a-s -t-h-e -m-e-a-n-i-n-g -g-i-v-e-n -t-h-a-t -t-e-r-m -u-n-d-e-r -s-e-c-t-i-o-n -3-1-5 -o-f -t-h-e -C-o-m-m-u-n-i-c-a-t-i-o-n-s -A-c-t -o-f -1-9-3-4 -(-4-7 -U-.-S-.-C-. -3-1-5-)-.-'-'-. SEC. 4. POLITICAL ADVERTISING REQUIREMENTS. Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d) is amended by adding at the end the following new subsection: ``(c)(1) In the case of any communication described in subsection (a) that is authorized by a candidate, or by an authorized political committee of the candidate or its agents, and made through a broadcasting station or a community antenna television system, such communication shall, in addition to the requirements of subsection (a), also meet the following requirements: ``(A) At the end of the communication, and for no less than 6 seconds, the following shall be stated aurally in the candidate's voice: `APPROVED BY ____________, CANDIDATE FOR ____________, AND PAID FOR BY ____________', with the first blank space being filled with the name of the candidate or candidate's committee, the second blank space being filled with the name of the office sought by the candidate, and the third blank space being filled with the name of the person who paid for the communication. ``(B) The statement required by subparagraph (A) shall be spoken clearly without rushing, disguising, or deemphasizing particular words. ``(C) In the case of a communication made through a television broadcasting station or community antenna television system-- ``(i) simultaneously with the statement required by subparagraph (A), and occupying no less than 15 percent of the television safe screen area, the following shall appear visually: `APPROVED BY ____________, CANDIDATE FOR ____________, AND PAID FOR BY ____________', with the first blank space being filled with the name of the candidate or candidate's committee, the second blank space being filled with the name of the office sought by the candidate, and the third blank space being filled with the name of the person who paid for the communication; and ``(ii) the background photography during the entire time the statement required by subparagraph (A) is made shall consist of an unobscured full face picture of the candidate, occupying no less than 40 percent of the television safe screen area, against a neutral background. ``(2) In the case of any communication described in subsection (a) that is not authorized by a candidate, an authorized political committee of a candidate, or its agents, and that is made through a broadcasting station or a community antenna television system, such communication shall, in addition to the requirements of subsection (a), also meet the following requirements: ``(A) At the end of the communication, and for no less than 6 seconds, the following shall be stated aurally: `PAID FOR BY ____________, AND NOT AUTHORIZED BY ANY CANDIDATE. FOR MORE INFORMATION ON THE SPONSOR OF THIS PAID POLITICAL ANNOUNCEMENT, CONTACT ____________', with the first blank space being filled with the name of the person who paid for the communication and the second blank space being filled with the name, address, and business phone number of the person who paid for the communication. ``(B) The statement required by subparagraph (A) shall be spoken clearly without rushing, disguising, or deemphasizing particular words. ``(C) In the case of a communication made through a television broadcasting station or community antenna television system, the following shall, simultaneously with the statement required by subparagraph (A), and occupying no less than 40 percent of the television safe screen area, appear visually: `PAID FOR BY ____________, AND NOT AUTHORIZED BY ANY CANDIDATE. FOR MORE INFORMATION ON THE SPONSOR OF THIS PAID POLITICAL ANNOUNCEMENT, CONTACT ____________', with the first blank space being filled with the name of the person who paid for the communication and the second blank space being filled with the name, address, and business phone number of the person who paid for the communication. ``(3) As used in this subsection, the term `community antenna television system' has the meaning given that term under section 315 of the Communications Act of 1934 (47 U.S.C. 315).''.

Campaign Advertising and Disclosure Act of 1993 - Amends the Communications Act of 1934 to: (1) reduce the period during which broadcast media rates for candidates may not exceed the lowest unit charge for the same time class and amount of time; (2) limit the cost to qualified candidates of broadcasting time for pre-election political advertising to the lowest rate charged for any time in the same period; and (3) prohibit any broadcast licensee from preempting the use of any such time purchased by a qualified candidate. Amends the Federal Election Campaign Act of 1971 to mandate certain aural and visual political advertising requirements which unambiguously identify the candidate, the candidate's authorized political committee or its agents, and in the broadcast media the sponsor of such political advertising.

Campaign Advertising and Disclosure Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Effective Drug Development Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to provide for one or more Critical Path Public-Private Partnerships to accelerate the translation of new scientific discoveries into new medical products that will cure and better treat disease, improve health care, prolong longevity and wellness, reduce health care costs, and enhance American competitiveness in the 21st century. SEC. 3. FINDINGS. The Congress finds as follows: (1) The Critical Path Initiative is the Food and Drug Administration's effort to stimulate and facilitate a national effort to modernize the process of innovation and commercialization through which fundamental scientific discoveries are transformed from ``proof of concept'' and development into breakthrough medical products, therapies, and cures. (2) On March 16, 2004, the Food and Drug Administration released a report entitled ``Innovation/Stagnation: Challenge and Opportunity on the Critical Path to New Medical Products'', addressing the recent slowdown in innovative medical therapies submitted to the Food and Drug Administration for approval. The report describes the urgent need to modernize the medical product development process--the Critical Path--to make product development more predictable and efficient. (3) The Food and Drug Administration has committed to working with companies, patient groups, academic researchers, and other stakeholders to coordinate, develop, and disseminate solutions to scientific hurdles that are impairing the efficiency of product development across the life science industries. For example, the Food and Drug Administration has released a Critical Path Opportunities List of over 75 research priorities that, if accomplished, would modernize the drug development process by 2010 and would help to make new medical discoveries available to Americans faster and at a lower cost. (4) The Food and Drug Administration has already initiated partnerships to share knowledge, streamline the cost and time of preclinical drug safety evaluation, and better inform the use of ``personalized medicine''. (5) However, much more must be done to foster the collaborative culture that must exist to modernize the medical product development process. Collective sharing of scientific information and research methodology across the entire health care community is crucial to igniting the medical innovation required to keep pace with biomedical research. (6) The power of public-private partnerships is vital to accomplish these tasks and to ensure that new scientific discoveries--in fields such as genomics and proteomics, imaging, and bioinformatics--can be more rapidly and effectively applied to cure diseases, enhance treatments, improve health care, prolong longevity and wellness, reduce health care costs, and enhance American competitiveness in the 21st century. SEC. 4. CRITICAL PATH PUBLIC-PRIVATE PARTNERSHIPS. Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the following: ``SEC. 566. CRITICAL PATH PUBLIC-PRIVATE PARTNERSHIPS. ``(a) Establishment.--The Secretary, acting through the Commissioner of Food and Drugs, shall enter into one or more collaborative agreements, to be known as Critical Path Public-Private Partnerships, with one or more eligible entities to implement the Critical Path Initiative of the Food and Drug Administration by developing innovative, collaborative projects in research, education, and outreach for the purpose of fostering medical product innovation, enabling the acceleration of medical product development, and enhancing medical product safety. ``(b) Eligible Entity.--In this section, the term `eligible entity' means an entity that meets each of the following: ``(1) The entity is-- ``(A) an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965); or ``(B) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. ``(2) The entity has experienced personnel and clinical and other technical expertise in the biomedical sciences. ``(3) The entity demonstrates to the Secretary's satisfaction that the entity is capable of-- ``(A) developing and critically evaluating tools, methods, and processes-- ``(i) to increase efficiency, predictability, and productivity of medical product development; and ``(ii) to more accurately identify the benefits and risks of new and existing medical products; ``(B) establishing partnerships, consortia, and collaborations with health care practitioners and other providers of health care goods or services; pharmacists; pharmacy benefit managers and purchasers; health maintenance organizations and other managed health care organizations; health care insurers; government agencies; patients and consumers; manufacturers of prescription drugs, biological products, diagnostic technologies, and devices; and academic scientists; and ``(C) securing funding for the technical programs of a Critical Path Public-Private Partnership from Federal and nonfederal governmental sources, foundations, and private individuals. ``(c) Funding From Certain Individuals and Organizations.-- ``(1) Prohibition.--The Secretary may not enter into a collaborative agreement under subsection (a) unless the eligible entity involved provides an assurance that the entity will not accept any funding for the technical programs of a Critical Path Public-Private Partnership from any individual or organization that manufactures, distributes, or sells any product that is regulated by the Food and Drug Administration. ``(2) Waiver.--Paragraph (1) (and any assurance provided thereunder) does not prohibit an eligible entity from accepting funding from a consortium of companies whose products are regulated by the Food and Drug Administration if the Secretary-- ``(A) determines that such acceptance would not result in any conflict of interest for the eligible entity, the Partnership, or the Government; and ``(B) issues a waiver allowing such acceptance. ``(d) Annual Report.--Not later than 18 months after the date of the enactment of this section, and annually thereafter, the Secretary, in collaboration with the parties to each Critical Path Public-Private Partnership, shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives-- ``(1) reviewing the operations and activities of the Partnerships in the previous year; and ``(2) addressing such other issues relating to this section as the Secretary determines to be appropriate. ``(e) Definition.--In this section, the term `medical product' includes a drug, a diagnostic test, a biological product, a device, and any innovative combination of such products. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009 through 2012.''.

Safe and Effective Drug Development Act of 2007 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to enter into Critical Path Public-Private Partnerships with eligible entities to implement the Critical Path Initiative of the Food and Drug Administration (FDA) by developing research, education, and outreach projects to foster medical product innovation, accelerate medical product development, and enhance medical product safety. Prohibits such an entity from accepting any funding for the technical programs of a Critical Path Public-Private Partnership from any individual or organization that manufactures, distributes, or sells any FDA-regulated product. Establishes an exception for accepting funds from a consortium of companies whose products are FDA-regulated if the Secretary determines that such acceptance would not result in any conflict of interest and issues a waiver.

To amend the Federal Food, Drug, and Cosmetic Act to provide for one or more Critical Path Public-Private Partnerships to implement the Critical Path Initiative of the Food and Drug Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Amendment Preservation Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) a number of State and local governments have commenced civil actions, or are considering commencing civil actions, against manufacturers, importers, and dealers of firearms based on the unlawful use of the firearms by a purchaser or other person; (2) in at least some cases, the intent in bringing the action is to subject manufacturers, importers, and dealers to legal costs that are so onerous that the manufacturers, importers, and dealers may not be able to defend themselves, or indeed be able to remain in business; (3) a majority of manufacturers, importers, and dealers of firearms are small, privately owned businesses that cannot afford to bear the legal costs of defending themselves in a large number of judicial forums; (4) compared to most manufacturers, importers, and dealers of firearms, States and local governments are large and relatively wealthy entities that are able to spend large amounts of taxpayers' dollars on a war of attrition with small businesses; (5) fairness requires that-- (A) a unit of government that undertakes an unsuccessful ``fishing expedition'' against a firearm manufacturer, importer, or dealer bear the cost of defending against its frivolous and unwarranted civil action; and (B) taxpayers not be required to pay millions of dollars to wealthy attorneys, out of awards that are intended, at least in part, to benefit the victims of crime; (6) the Second Amendment to the Constitution requires that Congress respond to actions that are intended to, and that would have the effect of, nullifying that provision of the Bill of Rights; (7) Congress has power under the Second Amendment and under the Commerce Clause to take appropriate action to protect the right of citizens to obtain and own firearms; and (8) one appropriate action that Congress may take is to provide protection from excessive and unwarranted legal fees. SEC. 3. RULES GOVERNING ACTIONS BROUGHT TO CURTAIL THE SALE OR AVAILABILITY OF FIREARMS FOR LEGAL PURPOSES. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 926B. Rules governing actions brought to curtail the sale or availability of firearms for legal purposes ``(a) Definitions.--In this section, the term `action brought to curtail the sale or availability of firearms for legal purposes' means a civil action brought in Federal or State court that-- ``(1) has as a defendant a firearms manufacturer, importer, or dealer in firearms; ``(2) expressly or by implication requests actual damages, punitive damages, or any other form of damages in excess of the lesser of-- ``(A) $1,000,000; or ``(B) 50 percent of the net assets of any such defendant; and ``(3) seeks, in whole or in part, to hold a firearms manufacturer, importer, or dealer liable for damages caused by the unlawful or tortious use of a firearm by a person not employed by or affiliated with the manufacturer, dealer, or importer. ``(b) Limitation on Attorney's Fees Awarded to Plaintiff.--In a civil action brought to curtail the sale or availability of firearms for legal purposes, notwithstanding any other provision of law or any agreement between any persons to the contrary, amounts paid in plaintiff's attorney's fees in connection with the settlement or adjudication of the action shall not exceed the lesser of-- ``(1) an amount equal to $150 per hour for each hour spent productively, plus actual expenses incurred by the attorney in connection with the action; or ``(2) an amount equal to 10 percent of the amount that the plaintiff receives under the action. ``(c) Attorney's Fees for the Defendant.--In a civil action brought to curtail the sale or availability of firearms for legal purposes, if the court finds that the defendant is not wholly or primarily liable for the damages sought, the court shall require the plaintiff to reimburse the defendant for reasonable attorney's fees and court costs, as determined by the court, incurred in litigating the action, unless the court finds that special circumstances make such a reimbursement unjust. ``(d) Power of Congress.--If any court renders a decision in an action brought to curtail the sale or availability of firearms for legal purposes or in any other proceeding that the Constitution does not confer on Congress the power to enact this section, the decision shall be directly appealable as of right to the Supreme Court.''. (b) Conforming Amendment.--The analysis for chapter 44 of title 18 is amended by inserting after the item relating to section 926A the following: ``926B. Rules governing actions brought to curtail the sale or availability of firearms for legal purposes.''. (c) Effective Date.--The amendment made by subsection (a)-- (1) takes effect on the date of enactment of this Act; and (2) applies to any action pending or on appeal on that date or brought after that date.

Second Amendment Preservation Act of 1999 - Amends the Federal criminal code to limit amounts paid in plaintiff's attorney's fees for settlement or adjudication of a civil action brought to curtail the sale or availability of firearms for legal purposes to the lesser of: (1) $150 per hour for each hour spent productively, plus actual expenses incurred by the attorney in connection with the action; or (2) ten percent of the amount that the plaintiff receives under the action. Directs the court, if it finds that the defendant in such an action is not wholly or primarily liable for the damages sought, to require the plaintiff to reimburse the defendant for reasonable attorney's fees and court costs incurred in litigating the action, unless the court finds that special circumstances make such reimbursement unjust. Provides that any court decision that the Constitution does not confer on Congress the power to enact this Act shall be directly appealable to the Supreme Court.

Second Amendment Preservation Act of 1999

SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Rocky Mountain National Park Wilderness Act of 1999''. (b) Purpose.--The purpose of this Act is to include in the National Wilderness Preservation System certain lands within the Rocky Mountain National Park, Colorado, in order to protect the enduring scenic and historic wilderness character and unique wildlife values of the lands as well as the scientific, educational, inspirational, and recreational resources, values, and opportunities of the lands. SEC. 2. DESIGNATION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain lands within the Rocky Mountain National Park, Colorado, which comprise approximately 249,562 acres, as generally depicted on the map entitled ``Rocky Mountain National Park, Colorado Recommended Wilderness Boundaries'', numbered as Map #121- 60,403 and dated September 1998, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System. The designated lands shall be known as the Rocky Mountain National Park Wilderness. (b) Map and Description.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall file a map and a boundary description of the lands designated as wilderness by subsection (a) with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The map and description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and description. The map and description shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior. SEC. 3. ADMINISTRATIVE PROVISIONS. (a) Management Generally.--Subject to valid existing rights, lands designated as wilderness by section 2(a) shall be managed by the Secretary of the Interior in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to the lands designated as wilderness by section 2(a), any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (b) Potential Wilderness Lands.-- (1) Definition.--In this section, the term ``potential wilderness lands'' means-- (A) lands that are identified as potential wilderness on the map referred to in section 2(a); and (B) lands and interests therein acquired by the United States on or after the date of enactment of this Act that are located within the boundaries of the Rocky Mountain National Park and are contiguous with lands designated as wilderness by this Act. (2) Management.--Potential wilderness lands shall be managed as components of the National Wilderness Preservation System upon publication in the Federal Register of a notice by the Secretary of the Interior that all uses of the lands inconsistent with the Wilderness Act have ceased. (c) Water Rights.-- (1) Findings.--The Congress finds that-- (A) according to decisions of the courts of the State of Colorado, the United States has existing rights to water within the Rocky Mountain National Park; (B) those rights are sufficient for the purposes of the Rocky Mountain National Park Wilderness as designated by section 2(a); and (C) in light of the findings in subparagraphs (A) and (B), there is no need for this Act to effect a reservation by the United States of any additional water rights to fulfill the purposes for which the wilderness designation made by section 2(a) are made. (2) No reservation.--Nothing in this Act or any action taken pursuant to this Act shall constitute either an express or implied reservation of water or water rights for any purpose. (d) Colorado-Big Thompson Project.-- (1) Current activities.--Activities on, under, or affecting the lands designated as wilderness by section 2(a) relating to the monitoring, operation, maintenance, repair, replacement, and use of the Colorado-Big Thompson Project and its facilities which were allowed as of June 1, 1998, shall be allowed to continue and shall not be affected by the designation of the lands as wilderness. (2) New activities.--In addition to the activities described in paragraph (1), any other activities on, under, or affecting the lands designated as wilderness by section 2(a) that because of emergencies or catastrophic events become necessary for the operation, maintenance, repair, replacement, and continue use of the Colorado-Big Thompson Project and its facilities shall be allowed, subject only to reasonable restrictions which are established by the Secretary of the Interior to protect the wilderness values of the lands. In implementing this paragraph, the Secretary shall not establish any restrictions on the activities that would prevent the occurrence of such necessary activities or that would reduce the water supply provided by the Colorado-Big Thompson Project or the Windy Gap Project. (3) Relation to authority in act establishing park.-- Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191; 38 Stat. 798), shall be construed to permit development within the lands designated as wilderness by section 2(a) of any reclamation project not in existence as of the date of enactment of this Act. (e) Exclusions.-- (1) Exclusion of certain lands.--Boundaries for the Rocky Mountain National Park Wilderness and the potential wilderness lands specifically exclude the following: (A) The Grand Ditch (including both the main canal of the Grand Ditch and a branch thereof known as the specimen Ditch) and its right-of-way as well as associated appurtenances, structures, buildings, camps, and work sites in existence as of June 1, 1998. (B) Lands owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the inlet ditch to such reservoir from the North St. Vrain Creek, amounting to approximately 35.38 acres. (2) Relation to lands outside wilderness.--Nothing in this Act shall affect the management or use of any lands not included within the boundaries of the Rocky Mountain National Park Wilderness or the potential wilderness lands. (f) No Buffer Zones.--Congress does not intend that the designation by this Act of the Rocky Mountain National Park Wilderness creates or implies the creation of protective perimeters or buffer zones around the wilderness area. The fact that nonwilderness activities or uses can be seen or heard from within the wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area.

Rocky Mountain National Park Wilderness Act of 1999 - Designates certain lands in Rocky Mountain National Park, Colorado, as components of the National Wilderness Preservation System, which shall be known as the Rocky Mountain National Park Wilderness. Allows the continuation of: (1) activities on, under, or affecting the lands designated as wilderness by this Act relating to the monitoring, operating, maintenance, repair, replacement, and use of the Colorado- Big Thompson Project (Project) and its facilities which were allowed as of June 1, 1998; and (2) any other activities that because of emergencies or catastrophic events become necessary for continued use of such Project and its facilities, subject only to reasonable restrictions established by the Secretary of the Interior to protect the wilderness values of such lands. Prohibits any restrictions on such activities that would prevent their occurrence or that would reduce the water supply provided by the Project or the Windy Gap Project.

Rocky Mountain National Park Wilderness Act of 1999

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the town of Nicodemus, in Kansas, has national significance as the only remaining western town established by African-Americans during the Reconstruction period following the Civil War; (2) the town of Nicodemus is symbolic of the pioneer spirit of African-Americans who dared to leave the only region they had been familiar with to seek personal freedom and the opportunity to develop their talents and capabilities; and (3) the town of Nicodemus continues to be a viable African- American community. (b) Purposes.--The purposes of this Act are-- (1) to preserve, protect, and interpret for the benefit and enjoyment of present and future generations, the remaining structures and locations that represent the history (including the settlement and growth) of the town of Nicodemus, Kansas; and (2) to interpret the historical role of the town of Nicodemus in the Reconstruction period in the context of the experience of westward expansion in the United States. SEC. 2. DEFINITIONS. In this Act: (1) Historic site.--The term ``historic site'' means the Nicodemus National Historic Site established by section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE. (a) Establishment.--There is established the Nicodemus National Historic Site in Nicodemus, Kansas. (b) Description.-- (1) In general.--The historic site shall consist of the First Baptist Church, the St. Francis Hotel, the Nicodemus School District Number 1, the African Methodist Episcopal Church, and the Township Hall located within the approximately 161.35 acres designated as the Nicodemus National Landmark in the Township of Nicodemus, Graham County, Kansas, as registered on the National Register of Historic Places pursuant to section 101 of the National Historic Preservation Act (16 U.S.C. 470a), and depicted on a map entitled ``Nicodemus National Historic Site'', numbered 80,000 and dated August 1994. (2) Map and boundary description.--The map referred to in paragraph (1) and an accompanying boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service and any other office of the National Park Service that the Secretary determines to be an appropriate location for filing the map and boundary description. SEC. 4. ADMINISTRATION OF THE HISTORIC SITE. (a) In General.--The Secretary shall administer the historic site in accordance with-- (1) this Act; and (2) the provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et seq.). (b) Cooperative Agreements.--To further the purposes specified in section 1(b), the Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution. (c) Technical and Preservation Assistance.-- (1) In general.--The Secretary may provide to any eligible person described in paragraph (2) technical assistance for the preservation of historic structures of, the maintenance of the cultural landscape of, and local preservation planning for, the historic site. (2) Eligible persons.--The eligible persons described in this paragraph are-- (A) an owner of real property within the boundary of the historic site, as described in section 3(b); and (B) any interested individual, agency, organization, or institution that has entered into an agreement with the Secretary pursuant to subsection (b). SEC. 5. ACQUISITION OF REAL PROPERTY. (a) In General.--Subject to subsection (b), the Secretary is authorized to acquire by donation, exchange, or purchase with funds made available by donation or appropriation, such lands or interests in lands as may be necessary to allow for the interpretation, preservation, or restoration of the First Baptist Church, the St. Francis Hotel, the Nicodemus School District Number 1, the African Methodist Episcopal Church, or the Township Hall, as described in section 3(b)(1), or any combination thereof. (b) Limitations.-- (1) Acquisition of property owned by the state of kansas.-- Real property that is owned by the State of Kansas or a political subdivision of the State of Kansas that is acquired pursuant to subsection (a) may only be acquired by donation. (2) Consent of owner required.--No real property may be acquired under this section without the consent of the owner of the real property. SEC. 6. GENERAL MANAGEMENT PLAN. (a) In General.--Not later than the last day of the third full fiscal year beginning after the date of enactment of this Act, the Secretary shall, in consultation with the officials described in subsection (b), prepare a general management plan for the historic site. (b) Consultation.--In preparing the general management plan, the Secretary shall consult with an appropriate official of each of the following: (1) The Nicodemus Historical Society. (2) The Kansas Historical Society. (3) Appropriate political subdivisions of the State of Kansas that have jurisdiction over all or a portion of the historic site. (c) Submission of Plan to Congress.--Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Resources of the House of Representatives. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Interior such sums as are necessary to carry out this Act.

Establishes the Nicodemus National Historic Site in Nicodemus, Kansas. Authorizes the Secretary of the Interior to: (1) provide technical assistance for the preservation of historic structures, the maintenance of the cultural landscape, and local preservation planning; and (2) acquire certain real property in connection with the Site. Directs the Secretary to: (1) prepare a general management plan for the Site; and (2) submit a copy of the plan to specified congressional committees. Authorizes appropriations.

A bill to establish the Nicodemus National Historic Site in Kansas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on an Open Society with Security Act of 2014''. SEC. 2. FINDINGS. Congress finds that-- (1) an open society which affords free access to public facilities and spaces and which protects the right to engage in open discussion is an essential premise of American governmental institutions and democratic values; (2) the United States is currently facing a challenge to the safety and security of the public, public employees, and public facilities and spaces that is unique in the history of this Nation; (3) to meet this challenge without eroding or harming any of the basic tenets of the Republic and of our democracy, this Nation needs to assemble the best thinking available; and (4) a commission of experts from a broad base of disciplines and backgrounds is necessary to examine all the factors that should be considered in securing public safety from terrorist attacks while maintaining the highest level of free and open access to the public. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``United States Commission on an Open Society with Security'' (in this Act referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 21 members appointed in accordance with subsection (d)(1) from among individuals representing such fields or groups as the following: architecture, technology, civil libertarians, humanists, members of the Armed Forces, Federal Government employees, city planners, business leaders, lawyers, artists, public building security, engineers, philosophers, historians, sociologists, and psychologists. The President shall designate one of those members to be the Chairperson of the Commission. (c) Terms; Quorum; Meetings; Vacancies.--Members shall be appointed for the life of the Commission. Nine members of the Commission shall constitute a quorum, but a lesser number may hold hearings. After its initial meeting, the Commission shall meet at the call of the Chairperson of the Commission or a majority of its members. Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment. (d) Appointments; Initial Meeting.-- (1) Appointments.--Appointments to the Commission shall be made as follows: (A) 9 members appointed by the President. (B) 3 members appointed by the Speaker of the House of Representatives. (C) 3 members appointed by the Minority Leader of the House of Representatives. (D) 3 members appointed by the Majority Leader of the Senate. (E) 3 members appointed by the Minority Leader of the Senate. (2) Initial meeting.--If, after 90 days following the date of enactment of this Act, 9 or more members of the Commission have been appointed, the members who have been appointed may meet, and the Chairperson shall have the authority to begin the operations of the Commission, including the hiring of staff. SEC. 4. FUNCTIONS OF COMMISSION. (a) In General.--The Commission shall study and make findings and recommendations relating to the question of how the Government of the United States may provide, in a balanced manner, for both security in and public access to Federal buildings and other Federal property and sites. (b) Matters To Be Examined.--In carrying out this Act, the Commission shall specifically examine matters that relate to the security of, and open access to, public facilities and spaces, including-- (1) Federal, other governmental, and private security practices and proposals, building design, public space management, counterterrorism needs, and refurbishment of existing Federal facilities; (2) the effect of access to public facilities and spaces on-- (A) maintenance of security and safety; (B) free speech, the right to petition the Government, and other constitutional rights and civil liberties; (C) economies of affected jurisdictions or parts thereof; (D) physical changes and architectural aesthetics of affected areas; (E) traffic and congestion; and (F) job performance of employees within the affected facilities; (3) current and potential uses of technology to augment or replace traditional modes of security; (4) practices of and comparisons with other entities and nations; and (5) current and potential analytical methods of assessing the risks posed by the various forms of terrorism, balanced against the specific needs and values of open access. (c) Coordination of Activities.--The Commission shall take appropriate measures to avoid unnecessary duplication of efforts previously or currently being undertaken by any other person or entity. SEC. 5. POWERS OF COMMISSION. (a) In General.--The Commission or, on the authorization of the Commission, any member or agent of the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate to carry out this Act. (b) Obtaining Official Information.--The Commission may secure directly from any department, agency, or other entity of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of such governmental entity shall furnish, to the extent authorized by law, such information to the Commission. (c) Security.-- (1) Security clearances.--The members and staff of the Commission shall hold, as a condition of appointment to or employment with the Commission, appropriate security clearances for access to the classified briefing, records, and materials to be reviewed by the Commission or its staff and shall follow the guidance and practices on security under applicable Executive orders and agency directives. (2) Conditions to granting access.--The head of an agency shall require, as a condition of granting access to a member of the Commission or a member of the staff of the Commission to classified records or materials of the agency under this Act, require the member to-- (A) execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and (B) hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials. (3) Restriction on use.--The members of the Commission and the members of the staff of the Commission may not use any information acquired in the course of their official activities on the Commission for nonofficial purposes. (4) Need to know.--For purposes of any law or regulation governing access to classified information that pertains to the national security of the United States and to facilitate the advisory functions of the Commission under this Act, a member of the Commission or a member of the staff of the Commission seeking access to a record or material under this Act shall be deemed for purposes of this subsection to have a need to know the contents of the record or material. (5) Rule of construction.--A reference in this subsection to the ``staff of the Commission'' includes individuals described in sections 6(d) and 6(e). (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Administrative Support Services.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. SEC. 6. PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission shall not be compensated by reason of their service on the Commission. (b) Travel Expenses.--The members of the Commission 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 Commission. (c) Staff.--Subject to such rules as the Commission may prescribe, the Chairperson of the Commission, 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), may appoint and fix the pay of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions; except that no rate of pay fixed under this subsection may exceed the maximum rate of basic pay payable for GS-15 of the General Schedule. (d) Staff of Federal Agencies.--Upon request of the Chairperson of the Commission, the head of any department or agency of the United States may detail, on a nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this Act. (e) Experts and Consultants.--With the approval of the Commission, the Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for GS-15 of the General Schedule. SEC. 7. REPORT. (a) Submission to the President.--The Commission shall transmit its final report to the President not later than 2 years after the initial meeting of the Commission. Such report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative, administrative, or other action as the Commission considers appropriate. (b) Submission to the Congress.--Not later than 6 months after receiving the final report of the Commission under subsection (a), the President shall transmit such report to Congress, together with any comments or recommendations (including any proposed legislation) which the President considers appropriate. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate on the 90th day after the date on which the Commission is required to submit its final report under section 7(a). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $5,000,000 for fiscal year 2015; and (2) $5,000,000 for fiscal year 2016.

United States Commission on an Open Society with Security Act of 2014 - Establishes the United States Commission on an Open Society with Security to study how the government may provide for both security in, and public access to, federal buildings and other federal property and sites. Directs the Commission to examine: (1) government and private security practices and proposals, building design, public space management, counterterrorism needs, and refurbishment of existing federal facilities; (2) the effect of access to public facilities and spaces on free speech, the right to petition the government, other constitutional rights and civil liberties, economies of affected jurisdictions, architectural aesthetics, traffic and congestion, and employee job performance; (3) technology to augment or replace traditional modes of security; and (4) methods of assessing the risks posed by terrorism, balanced against the needs and values of open access.

United States Commission on an Open Society with Security Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Certify It Act of 2014''. SEC. 2. STUDY ON IMPACT ON SMALL BUSINESS JOBS. (a) Study and Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and December 1 for each of the 4 consecutive years thereafter, the Comptroller General of the United States, shall conduct a study on the impact of the Affordable Care Act on small businesses, including-- (A) the impact of any increased health insurance costs resulting from the provisions of such Act on economic indicators (including jobs lost, hours worked per employee, and any resulting loss of wages); and (B) the impact of section 4980H of the Internal Revenue Code of 1986 (relating to shared responsibility for employers regarding health coverage) on economic indicators, including any jobs lost. (2) Report.--The Comptroller General of the United States, using data from the Office of the Actuary, Centers for Medicare & Medicaid Services, under section 3 and economic indicators data from other Federal agencies, shall submit to the appropriate committees of Congress a report on the study conducted under paragraph (1). (b) Appropriate Committees of Congress.--For purposes of this section, the term ``appropriate committees of Congress'' means the Committee on Ways and Means, the Committee on Education and the Workforce, the Committee on Energy and Commerce, and the Small Business Committee of the House of Representatives and the Committee on Finance, the Committee on Health, Education, Labor, and Pensions, and the Small Business and Entrepreneurship Committee of the Senate. (c) Definitions.--For purposes of this Act: (1) Affordable care act.--The term ``Affordable Care Act'' means the Patient Protection and Affordable Care Act (Public Law 111-148) and title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). (2) Small business.--The term ``small business'' means an employer with 250 or fewer employees. SEC. 3. STUDY ON IMPACT ON SMALL BUSINESS HEALTH INSURANCE. (a) Study and Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and December 1 for each of the 4 consecutive years thereafter, the Office of the Actuary, Centers for Medicare & Medicaid Services, shall conduct a study on the impact of the Affordable Care Act on small group health insurance costs, including-- (A) the impact of requirements and benefits pursuant to such Act on the small group health insurance market, including community rating requirements, minimum actuarial value requirements, requirements to provide for essential health benefits described in section 1302(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(b)), requirements related to cost-sharing, the prohibition on annual and lifetime limits on benefits under section 2711 of the Public Health Service Act (42 U.S.C. 300gg- 11), prohibitions on cost-sharing requirements for preventive services, and the extension of dependent coverage under section 2714 of the Public Health Service Act (42 U.S.C. 300gg-14); and (B) the impact of new taxes and fees on the small group health insurance market costs, including the fee imposed under section 9010 of the Patient Protection and Affordable Care Act (relating to imposition of annual fee on health insurance providers), the transitional reinsurance program contributions, the fees imposed under subchapter B of chapter 34 of the Internal Revenue Code of 1986 (relating to the Patient Centered Outcome Research Institute fees), and Exchange assessments or user fees. (2) Report.--The Office of the Actuary, Centers for Medicare & Medicaid Services, in consultation with the Comptroller General for purposes of verifying the methodology, assumptions, validity, and reasonableness of the data used by the Actuary, shall submit to the appropriate committees of Congress a report on the study conducted under paragraph (1). (b) Appropriate Committees of Congress.--For purposes of this section, the term ``appropriate committees of Congress'' means the Committee on Ways and Means, the Committee on Education and the Workforce, the Committee on Energy and Commerce, and the Small Business Committee of the House of Representatives and the Committee on Finance, the Committee on Health, Education, Labor, and Pensions, and the Small Business and Entrepreneurship Committee of the Senate. SEC. 4. ONE-YEAR DELAY FOR EMPLOYER MANDATE IN CASE OF NEGATIVE IMPACT ON SMALL BUSINESS. (a) In General.--If the Comptroller General of the United States or the Office of the Actuary, Centers for Medicare & Medicaid Services, determines in any report submitted under section 2 or 3 that the Affordable Care Act has caused net employment loss amongst small businesses or caused small group health insurance costs to rise, section 4980H of the Internal Revenue Code of 1986 shall not apply for months beginning during the 1-year period beginning on the date of the submission of such report. (b) Failure To Submit.--If the Comptroller General of the United States or the Office of the Actuary, Centers for Medicare & Medicaid Services, fails to submit a report in accordance with the timelines specified in this Act, section 4980H of the Internal Revenue Code of 1986 shall not apply the following calendar year.

Certify It Act of 2014 - Directs the Comptroller General (GAO) to study the impact of the Patient Protection and Affordable Care Act (PPACA) on small businesses and the Office of the Actuary, Centers for Medicare & Medicaid Services, to study the Act's impact on small group health insurance costs. Declares that, if GAO or the Office of the Actuary reports to Congress that PPACA has caused either net employment loss amongst small businesses or small group health insurance costs to rise, certain PPACA assessments that may be imposed on employers for failing to offer their full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage shall not apply for a specified one-year period. Declares further that, if GAO or the Office fails to submit such a report in accordance with specified timelines, such assessments shall not apply during the following calendar year.

Certify It Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Alternative Fuels Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States needs short- and long-term policies designed-- (A) to eliminate the reliance of the United States on foreign energy sources; (B) to create jobs in the United States; and (C) to harness all of the energy resources of the United States; (2) promoting the energy security of the United States can be achieved by leveraging all domestic energy resources, including-- (A) traditional fossil fuels; (B) alternative energy resources; and (C) renewable energy; and (3) the United States needs to adopt policies that would foster a more sustainable domestic energy supply that would-- (A) decrease risks to national security; (B) lower domestic energy prices; (C) reduce trade deficits; and (D) create jobs in the United States. SEC. 3. REPEAL OF UNNECESSARY BARRIERS TO DOMESTIC FUEL PRODUCTION. (a) In General.--Section 526 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17142) is repealed. (b) Conforming Amendment.--Section 1112 of the National Aeronautics and Space Administration Authorization Act of 2008 (42 U.S.C. 17827) is repealed. SEC. 4. TRANSPARENCY FOR DELAYED LOAN GUARANTEE APPLICATIONS. Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at the end the following: ``(l) Reporting Requirement.-- ``(1) In general.--If the Secretary fails to make a final decision by the date that is 270 days after the date on which the Secretary selects an application to proceed to negotiations of terms and conditions for issuance of a conditional commitment for a loan guarantee application under this title for a substitute natural gas, chemical feedstock, or liquid transportation fuel project, not later than 7 days after that date, and for every 90-day period thereafter, the Secretary shall-- ``(A) prepare a status report for the period covered by the report; and ``(B) submit the status report to-- ``(i) the Committee on Energy and Natural Resources of the Senate; and ``(ii) the Committee on Energy and Commerce of the House of Representatives. ``(2) Contents.--The status report described in paragraph (1) shall contain-- ``(A) a description of each reason for the delay of the application; ``(B) the name and office of the official who, for the period covering the status report, has reviewed the application; and ``(C) a detailed schedule for completion of the application review.''. SEC. 5. ALGAE-BASED FUEL INCENTIVES. Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended by adding at the end the following: ``(vi) Algae-based fuel incentives.--For purposes of calculating the applicable volume of renewable fuel under clauses (i) and (ii) for each calendar year, the Administrator shall consider each gallon of renewable biomass produced from algae to be equal to 3 gallons of renewable fuel if the algae-based fuel was produced using carbon dioxide that was captured in a manner that prevented the uncontrolled release of carbon dioxide into the atmosphere during a separate energy production process.''. SEC. 6. LOAN GUARANTEES. Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: ``(11) Substitute natural gas production facilities, if the gas is produced-- ``(A) from a solid feedstock through a gasification process; and ``(B) in a manner that captures at least 90 percent of the carbon produced through the gasification process.''. SEC. 7. MULTIYEAR CONTRACT AUTHORITY FOR DEPARTMENT OF DEFENSE FOR PROCUREMENT OF ALTERNATIVE FUELS. (a) Multiyear Contracts for the Procurement of Alternative Fuels Authorized.-- (1) In general.--Chapter 141 of title 10, United States Code, is amended by adding at the end the following: ``SEC. 2410R. MULTIYEAR CONTRACT AUTHORITY: PURCHASE OF ALTERNATIVE FUELS. ``(a) In General.--The head of an agency (as defined in section 2302) may enter into contracts for a period not to exceed 20 years for the purchase of alternative fuels. ``(b) Required Provisions.--A contract entered into under subsection (a) shall include the following provisions: ``(1) A statement that the obligation of the United States to make payments under the contract in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for alternative fuels. ``(2) A commitment to obligate the necessary amount for each fiscal year covered by the contract when and to the extent that funds are appropriated for that purpose for that fiscal year. ``(3) A statement that a commitment given under the authority of this section does not constitute an obligation of the United States.''. (2) Clerical amendment.--The table of sections of chapter 141 of title 10, United States Code, is amended by adding at the end the following: ``2410r. Multiyear contract authority: purchase of alternative fuels.''. (b) Regulations.--Not later than 120 days after the date of enactment of this Act, the Secretary of Defense shall issue regulations providing that the head of an agency may enter into a multiyear contract as authorized by section 2410r of title 10, United States Code (as added by subsection (a)), only if the head of the agency has determined in writing that-- (1) there is a reasonable expectation that, throughout the contemplated contract period, the head of the agency will request funding for the contract at the level required to avoid contract cancellation; (2) the technical risks associated with the technologies for the production of alternative fuel under the contract are not excessive; (3) the contract will contain appropriate pricing mechanisms to minimize risk to the Federal Government from significant changes in market prices for energy; and (4) the contract will not be used by the Department of Defense to finance new facilities intended to produce fuel for consumption by the Federal Government. (c) Limitation on Use of Authority.--No contract may be entered into under section 2410r of title 10, United States Code (as so added), until the regulations required by subsection (b) are issued. SEC. 8. ELECTRIC VEHICLE IMPACT ON ELECTRICITY DEMAND. Section 169(3) of the Clean Air Act (42 U.S.C. 7479(3)) is amended-- (1) by striking ``(3) The term'' and inserting the following: ``(3) Best available control technology.-- ``(A) Definition.-- ``(i) In general.--The term''; (2) in the second sentence, by striking ``In no event'' and inserting the following: ``(B) Emission limitations.-- ``(i) In general.--In no event''; (3) in the third sentence, by striking ``Emissions'' and inserting the following: ``(ii) Prohibition on certain increases.-- Emissions''; and (4) by adding at the end the following: ``(C) Additional considerations.--For purposes of establishing the `best available control technology' for a major emitting facility that is an electric generating facility located in a region in which demand for electricity has increased significantly due to the volume of electric vehicles, the permitting authority shall take into account the extent to which the emissions of a pollutant have been reduced as a result of the increased use of electric vehicles.''.

American Alternative Fuels Act of 2011 - Amends the Energy Independence and Security Act of 2007 to repeal the requirement that any federal agency procurement contract for an alternative or synthetic fuel, including those from nonconventional petroleum sources, for any mobility-related use (except research or testing) specify that lifecycle greenhouse gas emissions associated with the fuel must, on an ongoing basis, be less than or equal to such emissions from equivalent conventional fuel produced from conventional petroleum sources. Amends the Energy Policy Act of 2005 to: (1) require the Secretary of Energy to report to certain congressional committees the reasons for any delayed approval of an application for a loan guarantee for a substitute natural gas, chemical feedstock, or liquid transportation fuel project; and (2) make certain substitute natural gas production facilities eligible for loan guarantees. Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA), as an algae-based fuel incentive when calculating the applicable volume of renewable fuel for each calendar year, to consider each gallon of renewable biomass produced from algae to be equal to three gallons of renewable fuel if the algae-based fuel was produced using carbon dioxide captured in a manner that prevented its uncontrolled release into the atmosphere during a separate energy production process. Authorizes the Secretary of Defense (DOD), the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Homeland Security (DHS), and the Administrator of the National Aeronautics and Space Administration (NASA) to enter into multiyear procurement contracts for alternative fuels, subject to certain requirements. Amends the Clean Air Act to direct the permitting authority, when establishing the best available control technology for a major emitting facility that is an electric generating facility located in a region in which demand for electricity has increased significantly due to the volume of electric vehicles, to take into account the extent to which emissions of a pollutant have been reduced as a result of the increased use of such vehicles.

To repeal certain barriers to domestic fuel production, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers and Veterans Empowerment and Support Act of 2017''. SEC. 2. EXPANSION OF COVERAGE BY THE DEPARTMENT OF VETERANS AFFAIRS OF COUNSELING AND TREATMENT FOR SEXUAL TRAUMA. (a) Coverage of Cyber Harassment of a Sexual Nature.--Paragraph (1) of section 1720D(a) of title 38, United States Code, is amended by inserting ``cyber harassment of a sexual nature,'' after ``battery of a sexual nature,''. (b) Expansion of Availability for Members of the Armed Forces.-- Paragraph (2)(A) of such section is amended-- (1) by striking ``on active duty''; and (2) by inserting ``that was suffered by the member while serving on active duty, active duty for training, or inactive duty training'' before the period at the end. SEC. 3. STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL HEALTH CONDITIONS RELATED TO MILITARY SEXUAL TRAUMA. (a) Standard of Proof.--Section 1154 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c)(1) In the case of any veteran who claims that a covered mental health condition was incurred in or aggravated by military sexual trauma during active military, naval, or air service, the Secretary shall accept as sufficient proof of service-connection a diagnosis of such mental health condition by a mental health professional together with satisfactory lay or other evidence of such trauma and an opinion by the mental health professional that such covered mental health condition is related to such military sexual trauma, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such covered mental health condition may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full. ``(2) In this subsection: ``(A) The term `covered mental health condition' means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma. ``(B) The term `military sexual trauma' means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, cyber harassment of a sexual nature, or sexual harassment which occurred during active military, naval, or air service.''. (b) Use of Evidence in Evaluating Disability Claims Involving Military Sexual Trauma.-- (1) In general.--Subchapter VI of chapter 11 of such title is amended by adding at the end the following new section: ``Sec. 1164. Evaluation of claims involving military sexual trauma ``(a) Nonmilitary Sources of Evidence.--(1) In carrying out section 1154(c) of this title, the Secretary shall ensure that if a claim for compensation under this chapter is received by the Secretary for post- traumatic stress disorder based on a physical assault of a sexual nature, battery of a sexual nature, cyber harassment of a sexual nature, or sexual harassment experienced by a veteran during active military, naval, or air service, evidence from sources other than official records of the Department of Defense regarding the veteran's service may corroborate the veteran's account of the assault, battery, or harassment. ``(2) Examples of evidence described in paragraph (1) include the following: ``(A) Records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, and physicians. ``(B) Pregnancy tests and tests for sexually transmitted diseases. ``(C) Statements from family members, roommates, other members of the Armed Forces or veterans, and clergy. ``(b) Behavior Changes Corroborating Evidence.--(1) In carrying out section 1154(c) of this title, the Secretary shall ensure that evidence of a behavior change following an assault, battery, or harassment described in subsection (a)(1) is one type of relevant evidence that may be found in sources described in such subsection. ``(2) Examples of behavior changes that may be relevant evidence of an assault, battery, or harassment described in subsection (a)(1) include the following: ``(A) A request for a transfer to another military duty assignment. ``(B) Deterioration in work performance. ``(C) Substance abuse. ``(D) Episodes of depression, panic attacks, or anxiety without an identifiable cause. ``(E) Unexplained economic or social behavior changes. ``(c) Notice and Opportunity To Supply Evidence.--The Secretary may not deny a claim of a veteran for compensation under this chapter for a post-traumatic stress disorder that is based on an assault, battery, or harassment described in subsection (a)(1) without first-- ``(1) advising the veteran that evidence described in subsections (a) and (b) may constitute credible corroborating evidence of the assault, battery, or harassment; and ``(2) allowing the veteran an opportunity to furnish such corroborating evidence or advise the Secretary of potential sources of such evidence. ``(d) Review of Evidence.--In reviewing a claim for compensation described in subsection (a)(1), for any evidence received with such claim that is described in subsection (a) or (b), the Secretary may submit such evidence to such medical or mental health professional as the Secretary considers appropriate, including clinical and counseling experts employed by the Department, to obtain a credible opinion as to whether the evidence indicates that an assault, battery, or harassment described in subsection (a)(1) occurred. ``(e) Point of Contact.--The Secretary shall ensure that each document provided to a veteran relating to a claim for compensation described in subsection (a)(1) includes contact information for an appropriate point of contact with the Department.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1164. Evaluation of claims involving military sexual trauma.''. (c) Annual Reports.-- (1) In general.--Subchapter VI of chapter 11 of title 38, United States Code, as amended by subsection (b), is further amended by adding at the end the following new section: ``Sec. 1165. Annual reports on claims for disabilities incurred or aggravated by military sexual trauma ``(a) Reports.--Not later than March 1, 2018, and not less frequently than once each year thereafter through 2027, the Secretary shall submit to Congress a report on covered claims submitted during the previous fiscal year to identify and track the consistency of decisions across regional offices. ``(b) Elements.--Each report under subsection (a) shall include the following: ``(1) The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report. ``(2) Of the covered claims listed under paragraph (1), the number and percentage of such claims-- ``(A) submitted by each sex; ``(B) that were approved, including the number and percentage of such approved claims submitted by each sex; and ``(C) that were denied, including the number and percentage of such denied claims submitted by each sex. ``(3) Of the covered claims listed under paragraph (1) that were approved, the number and percentage, disaggregated by sex, of claims assigned to each rating percentage. ``(4) Of the covered claims listed under paragraph (1) that were denied-- ``(A) the three most common reasons given by the Secretary under section 5104(b)(1) of this title for such denials; and ``(B) the number of denials that were based on the failure of a veteran to report for a medical examination. ``(5) The number of covered claims that, as of the end of the fiscal year covered by the report, are pending and, separately, the number of such claims on appeal. ``(6) For the fiscal year covered by the report, the average number of days that covered claims take to complete, beginning on the date on which the claim is submitted. ``(7) A description of the training that the Secretary provides to employees of the Veterans Benefits Administration specifically with respect to covered claims, including the frequency, length, and content of such training. ``(c) Definitions.--In this section: ``(1) The term `covered claims' means claims for disability compensation submitted to the Secretary based on a covered mental health condition alleged to have been incurred or aggravated by military sexual trauma. ``(2) The terms `covered mental health condition' and `military sexual trauma' have the meanings given such terms in section 1154(c)(3) of this title.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter, as amended by subsection (b), is further amended by adding at the end the following new item: ``1165. Annual reports on claims for disabilities incurred or aggravated by military sexual trauma.''. (d) Effective Date.--Subsection (c) of section 1154 of title 38, United States Code, as added by subsection (a), shall apply with respect to any claim for disability compensation under laws administered by the Secretary of Veterans Affairs for which no final decision has been made before the date of the enactment of this Act. SEC. 4. INFORMATION FOR MEMBERS OF THE ARMED FORCES REGARDING AVAILABILITY OF SERVICES AT VET CENTERS. (a) In General.--The Secretary of Defense shall inform members of the Armed Forces, using mechanisms available to the Secretary, of the eligibility of such members for services at Vet Centers. (b) Information From Sexual Assault Response Coordinators.--The Secretary shall ensure that Sexual Assault Response Coordinators of the Department of Defense advise members of the Armed Forces who report instances of military sexual trauma regarding the eligibility of such members for services at Vet Centers. (c) Definitions.--In this section: (1) Military sexual trauma.--The term ``military sexual trauma'' means psychological trauma described in section 1720D(a)(1) of title 38, United States Code. (2) Vet center.--The term ``Vet Center'' has the meaning given that term in section 1712A(h) of such title.

Servicemembers and Veterans Empowerment and Support Act of 2017 This bill expands Department of Defense (DOD) sexual trauma counseling and treatment to include: (1) cyber harassment of a sexual nature, and (2) members of the Armed Forces on active duty for training or inactive duty training. The bill sets forth the standard of proof, which may be rebutted, in the case of a veteran who claims that a covered mental health condition was incurred in or aggravated by military sexual trauma during active service. The reasons for granting or denying service-connection in each case shall be recorded in full. DOD shall ensure that: (1) in a compensation claim for post-traumatic stress disorder based on sexual assault, battery, cyber harassment, or harassment experienced during active military service, non-DOD evidence may corroborate the veteran's account of such assault, battery, or harassment; and (2) behavior changes may be considered as corroborating evidence. DOD shall: (1) report annually through 2027 on submitted claims to identify and track the consistency of decisions across regional offices, (2) inform members of the Armed Forces of their eligibility for services at Vet Centers, and (3) ensure that Sexual Assault Response Coordinators advise members of the Armed Forces who report instances of military sexual trauma about their eligibility for Vet Center services.

Servicemembers and Veterans Empowerment and Support Act of 2017

SECTION 1. WAIVER OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED GASOLINE. Section 211(k)(1) of the Clean Air Act (42 U.S.C. 7545(k)(1)) is amended-- (1) by striking ``Within 1 year after the enactment of the Clean Air Act Amendments of 1990,'' and inserting the following: ``(A) In general.--Not later than November 15, 1991,''; and (2) by adding at the end the following: ``(B) Waiver of oxygen content requirement.-- ``(i) In general.--Notwithstanding any other provision of this subsection, upon notification by the Governor of a State to the Administrator, a Governor may waive paragraphs (2)(B) and (3)(A)(v) with respect to gasoline sold or dispensed in the State. ``(ii) Treatment as reformulated gasoline.--In the case of a State for which the Governor invokes the waiver described in clause (i), gasoline that complies with all provisions of this subsection other than paragraphs (2)(B) and (3)(A)(v) shall be considered to be reformulated gasoline for the purposes of this subsection. ``(iii) Special rule.--Paragraphs (2)(B) and (3)(A)(v) shall not apply to gasoline sold or dispensed in a State described in subsection (c)(4)(B). ``(C) Maintenance of emission reduction benefits.-- ``(i) Regulations.--Not later than 270 days after the date of enactment of this subparagraph, the Administrator shall promulgate regulations consistent with paragraph (3)(B)(ii) to ensure that the benefits of toxic air pollutant reductions under the reformulated gasoline program under this section are maintained in States for which a Governor waives the oxygenate requirement under subparagraph (B)(i). ``(ii) Regional designations.--In carrying out clause (i), the Administrator, in cooperation with the Secretary of Energy, shall develop designations for regions of the United States based on the extent and location of the gasoline distribution and supply network in the United States. ``(iii) Performance standards.--The Administrator, in regulations promulgated under clause (i), shall use the regional designations developed under clause (ii) to establish annual average performance standards for each region based on-- ``(I) the phase II reformulated gasoline complex model in existence on the date of enactment of this subparagraph; and ``(II) the annual reductions in emissions of toxic air pollutants achieved in the region under the reformulated gasoline program during calendar years 1998 and 1999, as determined using compliance survey data. ``(iv) Applicability.-- ``(I) In general.--The applicable performance standards under clause (iii) shall be applied on an annual average basis to the manufacture of reformulated gasoline that is sold or introduced into commerce by a refinery in a State for which the Governor waives the oxygenate requirement under subparagraph (B)(i). ``(II) More stringent requirements.--The applicable annual average regional performance standards under clause (i) shall not apply to the extent that any requirement under section 202(l) or the standards described in paragraph (3)(B)(ii) are more stringent. ``(III) Special rule.--The regulations promulgated under clause (i) shall not apply in a State described in subsection (c)(4)(B). ``(v) Prepromulgation requirements.--Until such time as the regulations under clause (i) are promulgated, the phase II reformulated gasoline complex model toxic performance standards in existence on the date of enactment of this subparagraph shall remain in effect.''. SEC. 2. DEVELOPMENT OF ADDITIONAL STANDARDS TO CONTROL RELEASES OF MTBE FROM UNDERGROUND STORAGE TANKS. Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with members of the affected industries, shall conduct a study and submit to Congress a report on whether additional standards to prevent and control releases of methyl tertiary butyl ether from underground storage tanks are necessary. SEC. 3. CONTROL OF OXYGENATED FUEL ADDITIVES TO PREVENT AIR OR WATER POLLUTION. Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1)) is amended by adding at the end the following: ``The Administrator may control or prohibit the introduction into commerce, offering for sale, or sale of any oxygenated fuel additive for use in a motor vehicle, motor vehicle engine, nonroad engine, or nonroad vehicle, if in the judgment of the Administrator the oxygenated fuel additive causes or contributes to air pollution or water pollution that may reasonably be anticipated to endanger the public health or welfare.''. SEC. 4. LIMITATION ON USE OF MTBE. (a) Sale of Gasoline Containing MTBE.--Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is amended by adding at the end the following: ``(5) Limitations on sale of gasoline containing mtbe.-- ``(A) In general.--Subject to subparagraph (B), for the fourth full calendar year that begins after the date of enactment of this paragraph and each calendar year thereafter-- ``(i) the quantity of gasoline sold or introduced into commerce during the calendar year by a refiner, blender, or importer of gasoline shall contain on average not more than 1 percent by volume methyl tertiary butyl ether; and ``(ii) a refiner, blender, or importer of gasoline shall not sell or introduce into commerce any gasoline that contains more than an historical level by volume of methyl tertiary butyl ether, as determined by the Administrator by regulation. ``(B) Regulations concerning phase-down.--As soon as practicable after the date of enactment of this paragraph, the Administrator shall establish by regulation a program to phase down the percentage of methyl tertiary butyl ether contained in gasoline in accordance with subparagraph (A)(i). ``(C) Regulations concerning trading.-- ``(i) In general.--The Administrator may promulgate regulations to permit refiners, blenders, and importers to sell to, and purchase from, each other authorizations to sell or introduce into commerce gasoline containing methyl tertiary butyl ether in excess of the limitation specified in subparagraph (A)(i). ``(ii) Maximum annual limitation.--In carrying out clause (i), the Administrator shall ensure that the total quantity of gasoline sold or introduced into commerce during any calendar year by all refiners, blenders, or importers contains on average not more than 1 percent by volume methyl tertiary butyl ether.''. (b) State Authority To Revise Implementation Plan.-- (1) In general.--In accordance with section 110 of the Clean Air Act (42 U.S.C. 7410), a State may submit to the Administrator of the Environmental Protection Agency a State implementation plan revision that provides for the reduction or elimination of the use of methyl tertiary butyl ether in gasoline sold or introduced into commerce in the State if the Governor of the State demonstrates that-- (A) the reduction or elimination would not cause any significant disruption in the availability, supply, or price of gasoline in the State; (B) the reduction or elimination is necessary to protect the public health or environment; and (C) any alternative additive used will not present an equivalent or greater problem than any problem posed by the use of methyl tertiary butyl ether. (2) Special rule.--Paragraph (1)-- (A) does not apply to a State described in section 211(c)(4)(B) of the Clean Air Act (42 U.S.C. 7545(c)(4)(B)); and (B) does not limit the authority of such a State under section 211(c)(4)(B) of that Act to at any time prescribe and enforce a control or prohibition respecting methyl tertiary butyl ether or any other fuel additive. (c) Permit Application Assistance.--In the case of any State in which are located 1 or more facilities that produce methyl tertiary butyl ether and that, as a result of any provision of or amendment made by this Act, apply for a new permit or permit modification under the Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental Protection Agency shall provide to the State technical assistance and personnel to assist in the application for or modification of such permits. SEC. 5. ASSURANCE OF ADEQUATE FUEL SUPPLY. (a) In General.--In order to ensure an adequate fuel supply for all States, any regulation or modification of fuel properties promulgated or approved by the Administrator of the Environmental Protection Agency under this Act or an amendment made by this Act shall take into consideration the need for reasonable schedules for carrying out necessary refinery investment projects and making appropriate modifications to fuel distribution systems. (b) Fuel Industry Flexibility.--In implementing and enforcing regulations and modifications described in subsection (a), the Administrator shall provide the fuel industry with the flexibility inherent in fuel regulations in effect on the day before the date of enactment of this Act.

Requires the Administrator to promulgate regulations to ensure that the benefits of toxic air pollutant reductions under the reformulated gasoline program are maintained in States for which the oxygenate requirement is waived. Directs the Administrator, in promulgating such regulations, to: (1) develop designations for regions based on the extent and location of the U.S. gasoline distribution and supply network; and (2) use such designations to establish annual average performance standards for each region based on the existing phase II reformulated gasoline complex model and the annual reductions in toxic air pollutant emissions achieved in the region under the reformulated gasoline program during 1998 and 1999. Applies such standards to the manufacture of such gasoline sold in States for which the oxygenate requirement is waived, to the extent they are more stringent than those under existing law. (Sec. 2) Directs the Administrator to study and report to Congress on whether additional standards to prevent and control releases of methyl tertiary butyl ether (MTBE) from underground storage tanks are necessary. (Sec. 3) Authorizes the Administrator to control or prohibit the introduction into commerce or sale of any oxygenated fuel additive if it causes or contributes to air or water pollution that may be anticipated to endanger public health or welfare. (Sec. 4) Prohibits, for the fourth calendar year after this Act's enactment date and thereafter, the quantity of gasoline sold or introduced into commerce by a gasoline refiner, blender, or importer from containing on average more than one percent by volume MTBE and bars such individuals from selling or introducing into commerce any gasoline that contains more than an historical level by volume of MTBE as determined by the Administrator. Authorizes the Administrator to promulgate regulations to permit such individuals to sell and purchase authorizations to sell or introduce into commerce gasoline containing MTBE in excess of the one percent limitation. Requires the Administrator to ensure that the total quantity of gasoline sold or introduced into commerce during any calendar year by all such individuals contains on average not more than one percent MTBE. Permits States to submit State implementation plan revisions to the Administrator that provide for the reduction or elimination of the use of MTBE in gasoline in the State if the State Governor demonstrates that: (1) the reduction or elimination would not cause any significant disruption in the availability, supply, or price of gasoline in the State; (2) the reduction or elimination is necessary to protect public health or the environment; and (3) any alternative additive used will not present an equivalent or greater problem than that posed by the use of MTBE. Provides for technical assistance to States with facilities that produce MTBE to assist them in applying for, or modifying, permits as a result of provisions of this Act. (Sec. 5) Requires, in order to ensure an adequate fuel supply for all States, any regulation or modification of fuel properties promulgated or approved by the Administrator under this Act to take into consideration the need for reasonable schedules for carrying out necessary refinery investment projects and making modifications to fuel distribution systems. Directs the Administrator, in implementing and enforcing such regulations and modifications, to provide the fuel industry with the flexibility inherent in existing fuel regulations.

A bill to amend the Clean Air Act to permit the Governor of a State to waive oxygen content requirement for reformulated gasoline, to encourage development of voluntary standards to prevent and control releases of methyl tertiary butyl ether from underground storage tanks, to establish a program to phase out the use of methyl tertiary butyl ether, and for other purposes.

SECTION 1. LAND EXCHANGE. (a) Exchange.--Subject to subsection (c), the Secretary of Agriculture (referred to in this section as the ``Secretary'') shall convey all right, title, and interest of the United States in and to the National Forest System lands described in subsection (b)(1) to Public Utility District No. 1 of Chelan County, Washington (referred to in this section as the ``Public Utility District''), in exchange for the conveyance to the Department of Agriculture by the Public Utility District of all right, title, and interest of the Public Utility District in and to the lands described in subsection (b)(2). (b) Descriptions of Lands.-- (1) National forest system lands.--The National Forest System lands referred to in subsection (a) are 122 acres, more or less, that are partially occupied by a wastewater treatment facility referred to in subsection (c)(4)(A) with the following legal description: (A) The NE\1/4\ of SW\1/4\ of section 27 of township 27 north, range 17 east, Willamette Meridian, Chelan County, Washington. (B) The N\1/2\ of SE\1/4\ of SW\1/4\ of such section 27. (C) The W\1/2\ of NW\1/4\ of SE\1/4\ of such section 27. (D) The NW\1/4\ of SW\1/4\ of SE\1/4\ of such section 27. (E) The E\1/2\ of NW\1/4\ of the SE\1/4\ of such section 27. (F) That portion of the S\1/2\ of SE\1/4\ of SW\1/ 4\ lying north of the northerly edge of Highway 209 right-of-way of such section 27. (2) Public utility district lands.--The lands owned by the Public Utility District are 109.15 acres, more or less, with the following legal description: (A) S\1/2\ of SW\1/4\ of section 35 of township 26 north, range 17 east, Willamette Meridian, Chelan County, Washington. (B) The area specified by Public Utility District No. 1 as Government Lot 5 in such section 35. (c) Requirements for Exchange.-- (1) Title acceptance and conveyance.--Upon offer by the Public Utility District of all right, title, and interest in and to the lands described in subsection (b)(2), if the title is found acceptable by the Secretary, the Secretary shall accept title to such lands and interests therein and shall convey to the Public Utility District all right, title, and interest of the United States in and to the lands described in subsection (b)(1). (2) Appraisals required.--Before making an exchange pursuant to subsection (a), the Secretary shall conduct appraisals of the lands that are subject to the exchange to determine the fair market value of the lands. Such appraisals shall not include the value of the wastewater treatment facility referred to in paragraph (4)(A). (3) Additional consideration.--If, on the basis of the appraisals made under paragraph (1), the Secretary determines that the fair market value of the lands to be conveyed by one party under subsection (a) is less than the fair market value of the lands to be conveyed by the other party under subsection (a), then, as a condition of making the exchange under subsection (a), the party conveying the lands with the lesser value shall pay the other party the amount by which the fair market value of the lands of greater value exceeds the fair market value of the lands of lesser value. (4) Conveyance of wastewater treatment facility.--(A) As part of an exchange made under subsection (a), the Secretary shall convey to the Public Utility District of Chelan County, Washington, all right, title, and interest of the United States in and to the wastewater treatment facility (including the wastewater treatment plant and associated lagoons) located on the lands described in subsection (b)(1) that is in existence on the date of the exchange. (B) As a condition for the exchange under subsection (a), the Public Utility District shall provide for a credit equal to the fair market value of the wastewater treatment facility conveyed pursuant to subparagraph (A) (determined as of November 4, 1991), that shall be applied to the United States' share of any new or modified wastewater treatment facilities constructed by the Public Utility District after November 4, 1991. (d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the exchange under this section as the Secretary determines appropriate to protect the interests of the United States. Passed the House of Representatives September 4, 1996. Attest: ROBIN H. CARLE, Clerk.

Directs the Secretary of Agriculture to exchange certain National Forest lands (including a wastewater treatment facility) in Chelan County, Washington, for certain lands owned by Public Utility District No. 1 of Chelan County, Washington.

To authorize the Secretary of Agriculture to exchange certain lands in the Wenatachee National Forest, Washington, for certain lands owned by Public Utility District No. 1 of Chelan County, Washington, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Farmer Owned Reserve Restoration Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--FARMER OWNER RESERVE PROGRAM Sec. 101. Restoration of farmer owner reserve program. Sec. 102. Covered commodities. Sec. 103. Interest charges. Sec. 104. Storage payments. Sec. 105. Quantity of commodities in program. Sec. 106. Announcement of program. Sec. 107. Withdrawal of commodities. TITLE II--OTHER PROVISIONS Sec. 201. Term of marketing assistance loans. Sec. 202. Farm storage facility loans. TITLE I--FARMER OWNER RESERVE PROGRAM SEC. 101. RESTORATION OF FARMER OWNER RESERVE PROGRAM. (a) Repeal of Current Suspension of Program.--Section 171(b)(1) of the Agricultural Market Transition Act (7 U.S.C. 7301(b)(1)) is amended-- (1) by striking subparagraph (E); and (2) by redesignating subparagraphs (F) through (L) as subparagraphs (E) through (K), respectively. (b) Resumption of Program.--Subsection (p) of section 110 of the Agricultural Act of 1949 (7 U.S.C. 1445e) is amended to read as follows: ``(p) Resumption of Program.--This section shall take effect on the date of the enactment of the Farmer Owned Reserve Restoration Act of 1999.''. (c) Relation to Current Commodity Loan Program.--Section 110(b) of the Agricultural Act of 1949 (7 U.S.C. 1445e(b)) is amended-- (1) in paragraph (1), by striking ``9-month price support''; and (2) in paragraphs (1) and (2), by striking ``this title'' both places it appears and inserting ``subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.)''. SEC. 102. COVERED COMMODITIES. (a) Inclusion of Oilseeds.--Subsection (a) of section 110 of the Agricultural Act of 1949 (7 U.S.C. 1445e) is amended-- (1) by striking ``wheat and feed grains'' both places it appears and inserting ``covered commodities''; and (2) by adding at the end the following new sentence: ``In this section, the term `covered commodity' means wheat, a feed grain, or an oilseed (as defined in section 102 of the Agricultural Market Transition Act (7 U.S.C. 7202).''. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``wheat and feed grains'' and inserting ``covered commodities''; and (B) in paragraph (2), by striking ``under the wheat and feed grain programs'' and inserting ``for the covered commodity''; (2) in subsection (c), by striking ``wheat or feed grains'' both places it appears and inserting ``the covered commodity''; (3) in subsection (d)(1), by striking ``wheat or feed grains'' and inserting ``a covered commodity''; (4) in subsection (f), by striking ``wheat and feed grains'' and inserting ``covered commodities''; and (5) in subsection (g)-- (A) in paragraph (1), by striking ``wheat and feed grains'' and inserting ``a covered commodity''; (B) in paragraph (2)-- (i) by striking ``wheat or feed grains'' in the matter before the subparagraphs and inserting ``a covered commodity''; and (ii) in subparagraph (A), by striking ``wheat or corn'' both places it appears and inserting ``wheat, corn, or oilseeds''; (C) in paragraph (3)-- (i) by striking ``wheat or feed grains'' the first place it appears and inserting ``a covered commodity''; and (ii) by striking ``wheat or feed grains, respectively'' and inserting ``that covered commodity''; and (D) in paragraph (4), by striking ``wheat or feed grains'' and inserting ``covered commodities''. SEC. 103. INTEREST CHARGES. Section 110(c) of the Agricultural Act of 1949 (7 U.S.C. 1445e(c)) is amended-- (1) in paragraph (1), by striking ``105 percent of the then current established price for the commodity'' and inserting ``150 percent of the loan rate for the commodity under this section''; and (2) in paragraph (2), by striking ``105 percent of the established price for the commodities'' and inserting ``150 percent of the loan rate for the commodity under this section''. SEC. 104. STORAGE PAYMENTS. Section 110(d) of the Agricultural Act of 1949 (7 U.S.C. 1445e(d)) is amended by striking paragraphs (2) and (3) and inserting the following: ``(2) Timing.--The Secretary shall make storage payments available to participants in this program-- ``(A) at the end of each quarter; or ``(B) at the option of the Secretary, not more than 1 year in advance of the date the payments would otherwise be payable under subparagraph (A). ``(3) Duration.--The Secretary shall cease making storage payments for a covered commodity whenever the price of the commodity is equal to or exceeds 140 percent of loan rate for the commodity under this section, and for any 90-day period immediately following the last day on which the price of the commodity was equal to or in excess of 140 percent of the loan rate for the commodity under this section.''. SEC. 105. QUANTITY OF COMMODITIES IN PROGRAM. Section 110(f) of the Agricultural Act of 1949 (7 U.S.C. 1445e(f)) is amended-- (1) in paragraph (1), by striking ``less than 300 million bushels, nor more than 450 million bushels'' and inserting ``more than 500,000,000 bushels''; (2) in paragraph (2), by striking ``less than 600 million bushels, nor more than 900 million bushels'' and inserting ``more than 1,000,000,000 bushels''; and (3) by adding at the end the following new paragraph: ``(3) The maximum quantities of all oilseeds may not be established at more than 500,000,000 bushels.''. SEC. 106. ANNOUNCEMENT OF PROGRAM. Section 110(g) of the Agricultural Act of 1949 (7 U.S.C. 1445e(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (C) by inserting at the end the following new subparagraph: ``(C) in the case of oilseeds, such date as the Secretary considers to be appropriate.''; and (2) in paragraph (2)-- (A) in subparagraph (A), by inserting ``or established pursuant to'' after ``specified in''; and (B) in subparagraph (B)-- (i) in the matter before the clauses, by inserting ``or established pursuant to'' after ``specified in''; (ii) by striking ``and'' at the end of clause (i); (iii) by striking the period at the end of clause (ii) and inserting ``; and''; and (iv) by inserting at the end the following new clause: ``(iii) in the case of oilseeds, more than 17.5 percent.''; SEC. 107. WITHDRAWAL OF COMMODITIES. Subsection (h) of section 110 of the Agricultural Act of 1949 (7 U.S.C. 1445e) is amended to read as follows: ``(h) Withdrawal of Covered Commodities.--In the case of a producer that has a covered commodity stored under this section, if the price of the covered commodity is-- ``(1) less than 140 percent of the loan rate for that covered commodity under this section, the producer may-- ``(A) withdraw the commodity from storage and repay any loan made for the commodity under this section; or ``(B) continue to store the commodity under this section and receive storage payments for the commodity under subsection (d); ``(2) at least 140 percent, but less than 150 percent, of the loan rate for that covered commodity under this section, the producer may continue to store the commodity under this section, but shall not be eligible for storage payments for the commodity under subsection (d); or ``(3) 150 percent or more of the loan rate for that covered commodity under this section, the producer shall withdraw the commodity from storage under this section and repay any loan made for the commodity under this section.''. TITLE II--OTHER PROVISIONS SEC. 201. TERM OF MARKETING ASSISTANCE LOANS. Section 133(a) of the Agricultural Market Transition Act (7 U.S.C. 7233(a)) is amended by striking ``9 months'' and inserting ``21 months''. SEC. 202. FARM STORAGE FACILITY LOANS. (a) Loans for Construction or Remodeling.--To encourage the storage of dry or high moisture grain, soybeans, and rice, and high moisture forage and silage on farms, where the commodities can be stored at the lowest cost, the Commodity Credit Corporation shall make secured storage facility loans not to exceed $50,000 to growers of such commodities to cover not less than 75 percent of the total construction cost of such a facility, including the cost of structural and equipment foundations, electrical systems, grain handling systems, drying equipment, and site preparation. The Corporation may also make loans in such amounts not to exceed $50,000 to cover remodeling costs of existing storage facilities, as are set forth in regulations issued by the Secretary of Agriculture. (b) Facility Size.--The size of such a facility for which a loan is obtained shall be based upon the amount of space required to store the quantity of the commodity estimated to be produced by the borrower during a two-year period. (c) Loan Period.--Loans under this section shall be for a period not to exceed 10 years at an interest rate based upon the rate of interest charged the Corporation by the United States Treasury.

TABLE OF CONTENTS: Title I: Farmer Owner Reserve Program Title II: Other Provisions Farmer Owned Reserve Restoration Act of 1999 - Title I: Farmer Owner Reserve Program - Amends the Agricultural Market Transition Act to restore the wheat and feed grain (and oilseeds) farmer owned reserve program. (Eliminates the provision suspending the program for such producers through crop or calendar year 2002.) (Sec. 102) Amends the Agricultural Act of 1949 with respect to the program to: (1) include oilseeds; (2) revise extended price support loan interest charge provisions; (3) permit advance storage payments and revise storage loan termination provisions; (4) reduce maximum wheat and feed grain amounts and establish oilseed amounts; and (5) set forth prices (compared to loan rates) at which, and conditions under which, a producer may withdraw stored commodities. Title II: Other Provisions - Amends the Agricultural Market Transition Act to increase the term of marketing assistance loans. (Sec. 202) Directs the Commodity Credit Corporation to make loans for construction or remodeling of storage facilities for: (1) dry or high moisture grain, soybeans, and rice; and (2) high moisture forage and silage.

Farmer Owned Reserve Restoration Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Main Street Employee Ownership Act of 2018''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' means the Small Business Administration and the Administrator thereof, respectively; (2) the term ``cooperative'' means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulations; (3) the term ``employee-owned business concern'' means-- (A) a cooperative in which employees are eligible for membership; and (B) a qualified employee trust; (4) the terms ``qualified employee trust'' and ``small business concern'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632); and (5) the term ``small business development center'' means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648). SEC. 3. EXPANSION OF 7(A) LOANS. (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (15)-- (A) in subparagraph (A)-- (i) by striking ``this subsection to qualified employee trusts'' and inserting ``this subsection-- ``(i) to qualified employee trusts''; (ii) in clause (i), as so designated-- (I) by inserting ``, and for any transaction costs associated with purchasing,'' after ``purchasing''; (II) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(ii) to a small business concern under a plan approved by the Administrator, if the proceeds from the loan are only used to make a loan to a qualified employee trust, and for any transaction costs associated with making that loan, that results in the qualified employee trust owning at least 51 percent of the small business concern.''; (B) in subparagraph (B)-- (i) in the matter preceding clause (i), by inserting ``or by the small business concern'' after ``the trustee of such trust''; (ii) in clause (ii), by striking ``and'' at the end; (iii) in clause (iii), by striking the period at the end and inserting ``, and''; and (iv) by adding at the end the following: ``(iv) with respect to a loan made to a trust, or to a cooperative in accordance with paragraph (35)-- ``(I) a seller of the small business concern may remain involved as an officer, director, or key employee of the small business concern when a qualified employee trust or cooperative has acquired 100 percent of ownership of the small business concern; and ``(II) any seller of the small business concern who remains as an owner of the small business concern, regardless of the percentage of ownership interest, shall be required to provide a personal guarantee by the Administration.''; and (C) by adding at the end the following: ``(F) A small business concern that makes a loan to a qualified employee trust under subparagraph (A)(ii) is not required to contain the same terms and conditions as the loan made to the small business concern that is guaranteed by the Administration under such subparagraph. ``(G) With respect to a loan made to a qualified employee trust under this paragraph, or to a cooperative in accordance with paragraph (35), the Administrator may, as deemed appropriate, elect to not require any mandatory equity to be provided by the qualified employee trust or cooperative to make the loan.''; and (2) by adding at the end the following: ``(35) Loans to cooperatives.-- ``(A) Definition.--In this paragraph, the term `cooperative' means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulation. ``(B) Authority.--The Administration shall guarantee loans made to a cooperative for the purpose described in paragraph (15).''. (b) Delegation of Authority to Preferred Lenders.--Section 5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)) is amended by inserting ``, including loans guaranteed under paragraph (15) or (35) of section 7(a)'' after ``deferred participation loans''. SEC. 4. SMALL BUSINESS INVESTMENT COMPANY PROGRAM OUTREACH. The Administrator shall provide outreach and educational materials to companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)) to increase the use of funds to make investments in company transitions to employee-owned business concerns. SEC. 5. SMALL BUSINESS MICROLOAN PROGRAM OUTREACH. The Administrator shall provide outreach and educational materials to intermediaries under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) to increase the use of funds to make loans to employee- owned business concerns, including transitions to employee-owned business concerns. SEC. 6. SMALL BUSINESS DEVELOPMENT CENTER OUTREACH AND ASSISTANCE. (a) Establishment.--The Administrator shall establish a Small Business Employee Ownership and Cooperatives Promotion Program to offer technical assistance and training on the transition to employee ownership through cooperatives and qualified employee trusts. (b) Small Business Development Centers.-- (1) In general.--In carrying out the program established under subsection (a), the Administrator shall enter into agreements with small business development centers under which the centers shall-- (A) provide access to information and resources on employee ownership through cooperatives or qualified employee trusts as a business succession strategy; (B) conduct training and educational activities; and (C) carry out the activities described in subparagraph (U) of section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)). (2) Additional services.--Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended-- (A) in subparagraph (S), by striking ``and'' at the end; (B) in subparagraph (T), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(U) encouraging and assisting the provision of succession planning to small business concerns with a focus on transitioning to cooperatives, as defined in section 7(a)(35), and qualified employee trusts (collectively referred to in this subparagraph as `employee-owned business concerns'), including by-- ``(i) providing training to individuals to promote the successful management, governance, or operation of a business purchased by those individuals in the formation of an employee-owned business concern; ``(ii) assisting employee-owned business concerns that meet applicable size standards established under section 3(a) with education and technical assistance with respect to financing and contracting programs administered by the Administration; ``(iii) coordinating with lenders on conducting outreach on financing through programs administered by the Administration that may be used to support the transition of ownership to employees; ``(iv) supporting small business concerns in exploring or assessing the possibility of transitioning to an employee-owned business concern; and ``(v) coordinating with the cooperative development centers of the Department of Agriculture, the land grant extension network, the Manufacturing Extension Partnership, community development financial institutions, employee ownership associations and service providers, and local, regional and national cooperative associations.''. SEC. 7. INTERAGENCY WORKING GROUP. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator (or a designee of the Administrator) shall coordinate and chair an interagency working group, which shall-- (1) develop recommendations on how Federal programs can promote, support, and increase the number of employee-owned business concerns; (2) ensure coordination with Federal agencies and national and local employee ownership, cooperative, and small business organizations; and (3) publish a report on the activities of the interagency working group that is indexed and maintained for public review. (b) Meetings.--The interagency working group shall meet at such times as determined necessary by the, but not less than biannually. Such meetings may occur in person or via electronic resources. SEC. 8. AMENDMENT TO REPORT TO CONGRESS ON STATUS OF EMPLOYEE-OWNED FIRMS. Section 7(a)(15)(E) of the Small Business Act (15 U.S.C. 636(a)(15)(E)) is amended by striking ``Administration.'' and inserting ``Administration, which shall include-- ``(i) the total number of loans made to employee-owned business concerns that were guaranteed by the Administrator under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), including the number of loans made-- ``(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and ``(II) to cooperatives in which employees are eligible for membership; ``(ii) the total number of financings made to employee-owned business concerns by companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 696(c)), including the number of financings made-- ``(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and ``(II) to cooperatives in which employees are eligible for membership; and ``(iii) any outreach and educational activities conducted by the Administration with respect to employee-owned business concerns.''. SEC. 9. REPORT ON COOPERATIVE LENDING. (a) Sense of Congress.--It is the sense of Congress that cooperatives have a unique business structure and are unable to access the lending programs of the Administration effectively due to loan guarantee requirements that are incompatible with the business structure of cooperatives. (b) Study and Report.-- (1) Study.--The Administrator, in coordination with lenders, stakeholders, and Federal agencies, shall study and recommend practical alternatives for cooperatives that will satisfy the loan guarantee requirements of the Administration. (2) Report.--Not later than 120 days after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed under paragraph (1) and a plan to implement such recommendations. SEC. 10. AMENDMENT TO DEFINITION OF QUALIFIED EMPLOYEE TRUST. Section 3(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 632(c)(2)(A)(ii)) is amended to read as follows: ``(ii) which provides that each participant is entitled to direct the plan trustee as to the manner of how to vote the qualified employer securities (as defined in section 4975(e)(8) of the Internal Revenue Code of 1986), which are allocated to the account of such participant with respect to a corporate matter which (by law or charter) must be decided by a vote conducted in accordance with section 409(e) of the Internal Revenue Code of 1986; and''. Passed the House of Representatives May 8, 2018. Attest: KAREN L. HAAS, Clerk.

Main Street Employee Ownership Act of 2018 This bill amends the Small Business Act to expand the authority of the Small Business Administration (SBA) to guarantee loans for qualified employee trusts of a small business to purchase the stock of that business. Specifically, the bill allows the guaranteed loan to also cover transactions costs associated with purchasing the stock. In addition, it allows loans to a small business to be guaranteed if the loan proceeds will: (1) be used to provide loans to a qualified employee trust of the small business to purchase the business's stock; and (2) result in the trust owning at least 51% of the business's stock. The SBA must guarantee loans to cooperatives in which employees are eligible for membership for such stock purchases. The SBA shall: (1) provide outreach and educational materials to licensed small business investment companies to increase investment in transitions to employee-owned businesses, and (2) establish a Small Business Employee Ownership and Cooperative Promotion Program to offer technical assistance and training on the transition to employee ownership through cooperatives and qualified employee trusts. The Administrator of the SBA shall coordinate an interagency working group on employee-owned businesses.

Main Street Employee Ownership Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Affairs Medical Scribe Pilot Act of 2017''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS MEDICAL SCRIBE PILOT PROGRAM. (a) In General.--The Secretary of Veterans Affairs shall carry out a 2-year pilot program under which the Secretary shall increase the use of medical scribes at Department of Veterans Affairs medical centers. (b) Locations.--The Secretary shall carry out the pilot program at the 10 medical centers of the Department as follows: (1) At least four such medical centers located in rural areas. (2) At least four such medical centers located in urban areas. (3) Two such medical centers located in areas with need for increased access or increased efficiency, as determine by the Secretary. (c) Medical Scribes.-- (1) Hiring.--Under the pilot program the Secretary shall-- (A) hire 20 new Department of Veterans Affairs term employees as medical scribes; and (B) seek to enter into contracts with appropriate entities for the employment of 20 additional medical scribes. (2) Distribution.--The Secretary shall assign four medical scribes to each of the 10 medical centers of the Department where the Secretary carries out the pilot program as follows: (A) Two scribes shall be assigned to each of two physicians. (B) Thirty percent of the scribes shall be employed in the provision of emergency care. (C) Seventy percent of the scribes shall be employed in the provision of speciality care in specialties with the longest patient wait times or lowest efficiency ratings, as determined by the Secretary. (d) Reports.-- (1) Reports to congress.--Not later than 180 days after the commencement of the pilot program required under this section, and every 180 days thereafter for the duration of the pilot program, the Secretary of Veterans Affairs shall submit to Congress a report on the pilot program. Each such report shall include each of the following: (A) A separate analysis of each the following with respect to medical scribes employed by the Department of Veterans Affairs and medical scribes performing Department of Veterans Affairs functions under a contract: (i) Provider efficiency. (ii) Patient satisfaction. (iii) Average wait time. (iv) The number of patients seen per day by each physician or practitioner. (v) The amount of time required to hire and train an employee to perform medical scribe functions under the pilot program. (B) Metrics and data for analyzing the effects of the pilot program, including an evaluation of the each of the elements under clauses (i) through (iv) of subparagraph (A) at medical centers who employed scribes under the pilot program for an appropriate period preceding the hiring of such scribes. (2) Comptroller general report.--Not later than 90 days after the termination of the pilot program under this section, the Comptroller General of the United States shall submit to Congress a report on the pilot program. Such report shall include a comparison of the pilot program with similar programs carried out in the private sector. (e) Definitions.--In this section: (1) The term ``medical scribe'' means an unlicensed individual hired to enter information into the electronic health record or chart at the direction of a physician or licensed independent practitioner whose responsibilities include the following: (A) Assisting the physician or practitioner in navigating the electronic health record. (B) Responding to various messages as directed by the physician or practitioner. (C) Entering information into the electronic health record, as directed by the physician or practitioner. (2) The terms ``urban'' and ``rural'' have the meanings given such terms under the rural-urban commuting codes developed by the Secretary of Agriculture and the Secretary of Health and Human Services. (f) Funding.--The pilot program under this section shall be carried out using amounts otherwise authorized to be appropriated for the Department of Veterans Affairs. No additional amounts are authorized to be appropriated to carry out such program. SEC. 3. PROHIBITION ON SMOKING IN FACILITIES OF THE VETERANS HEALTH ADMINISTRATION. (a) Prohibition.--Section 1715 of title 38, United States Code, is amended to read as follows: ``Sec. 1715. Prohibition on smoking in facilities of the Veterans Health Administration ``(a) Prohibition.--(1)(A) Except as provided in subparagraph (B), no person may smoke indoors in any facility of the Veterans Health Administration. ``(B) In the case of a facility of the Veterans Health Administration that is a community living center, no person may smoke indoors in such facility on or after December 31, 2018. ``(2) No person may smoke outdoors in any facility of the Veterans Health Administration on or after October 1, 2021. ``(b) Definitions.--In this section: ``(1) The term `smoke' includes the smoking of cigarettes (including e-cigarettes or electronic cigarettes), cigars, pipes, and any other combustion of tobacco. ``(2) The term `facility of the Veterans Health Administration' means any land or building (including any medical center, nursing home, domiciliary facility, outpatient clinic, or center that provides readjustment counseling) that is-- ``(A) under the jurisdiction of the Department of Veterans Affairs; ``(B) under the control of the Veterans Health Administration; and ``(C) not under the control of the General Services Administration. ``(3) The term `community living center' means a facility of the Department that provides nursing home care.''. (b) Conforming Amendments.-- (1) The table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 1715 and inserting the following: ``1715. Prohibition on smoking in facilities of the Veterans Health Administration.''. (2) Section 526 of the Veterans Health Care Act of 1992 (Public Law 102-585) is repealed. (c) Effective Date.--This section shall take effect 90 days after the date of the enactment of this Act. Passed the House of Representatives July 24, 2017. Attest: KAREN L. HAAS, Clerk.

Veterans Affairs Medical Scribe Pilot Act of 2017 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to carry out a two-year pilot program under which it shall increase the use of medical scribes at VA medical centers. The bill defines "medical scribe" as an unlicensed individual hired to enter information into the electronic health record or chart at the direction of a physician or licensed independent practitioner whose responsibilities include: assisting the physician or practitioner in navigating the electronic health record; and responding to various messages and entering information into such record, as directed by the physician or practitioner. The VA shall carry out the program at four VA medical centers located in rural areas, four located in urban areas, and two located in areas with need for increased access or increased efficiency. The VA shall: (1) hire 20 new VA term employees as medical scribes and seek to enter into contracts for the employment of 20 additional scribes, (2) assign four scribes to each VA medical center where the program is conducted, (3) assign two scribes to each of two physicians, (4) employ 30% of the scribes in the provision of emergency care, and (5) employ 70% of the scribes in the provision of care in specialties with the longest patient wait times or lowest efficiency ratings. (Sec. 3) The bill replaces a provision authorizing the VA to furnish tobacco to veterans receiving hospital or domiciliary care with provisions prohibiting any person from smoking: (1) indoors in any Veterans Health Administration (VHA) facility, (2) indoors in a VHA community living center on or after December 31, 2018, and (3) outdoors at any VHA facility on or after October 1, 2021.

Veterans Affairs Medical Scribe Pilot Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Metropolitan Washington Airports Amendments Act of 1995''. SEC. 2. AMENDMENT OF METROPOLITAN WASHINGTON AIRPORTS ACT OF 1986. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Metropolitan Washington Airports Act of 1986 (100 Stat. 3341-376 et seq.). SEC. 3. USE OF LEASED PROPERTY. Section 6005(c)(2) is amended by inserting before the period at the end of the second sentence the following: ``which are not inconsistent with the needs of aviation''. SEC. 4. BOARD OF DIRECTORS. (a) Appointment of Additional Members.--Section 6007(e)(1) is amended-- (1) in the matter preceding subparagraph (A) by striking ``11'' and inserting ``15''; (2) in subparagraph (D) by striking ``one member'' and inserting ``five members''. (b) Restrictions.--Section 6007(e)(2) is amended by striking ``except that'' and all that follows through the period and inserting ``except that the members appointed by the President shall be registered voters of States other than Maryland, Virginia, or the District of Columbia.''. (c) Terms.--Section 6007(e)(3) is amended-- (1) in subparagraph (B) by striking ``and'' at the end; (2) in subparagraph (C) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) by the President after the date of the enactment of this subparagraph, 2 shall be appointed for 4 years. A member may serve after the expiration of that member's term until a successor has taken office.''. (d) Vacancies.--Section 6007(e) is further amended by redesignating paragraphs (4) and (5) as paragraphs (7) and (8), respectively, and by inserting after paragraph (3) the following: ``(4) Vacancies.--A vacancy in the board of directors shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of such term.''. (e) Political Parties of Presidential Appointees.--Section 6007(e) is further amended by inserting after paragraph (4), as inserted by subsection (d) of this section, the following: ``(5) Political parties of presidential appointees.--Not more than 3 of the members of the board appointed by the President may be of the same political party.''. (f) Duties of Presidential Appointees.--Section 6007(e) is further amended by inserting after paragraph (5), as inserted by subsection (e) of this section, the following: ``(6) Duties of presidential appointees.--In carrying out their duties on the board, members of the board appointed by the President shall ensure that adequate consideration is given to the national interest.''. (g) Required Number of Votes.--Section 6007(e)(8), as redesignated by subsection (d) of this section, is amended by striking ``Seven'' and inserting ``Nine''. SEC. 5. FEDERAL ADVISORY COMMISSION. (a) In General.--Section 6007(f) is amended by striking the subsection designation, heading and paragraph (1) and inserting the following: ``(f) Federal Advisory Commission.-- ``(1) Composition.--There is established a Federal Advisory Commission of the Airports Authority which shall represent the interests of users of the Metropolitan Washington Airports and shall be composed of 9 members appointed by the Secretary of Transportation.''. (b) References to Board of Review.--The Act is amended-- (1) in section 6007(f) by striking ``Board of Review'' each place it appears and inserting ``Federal Advisory Commission''; (2) in section 6007(f)(3)-- (A) in the third sentence by striking ``Board'' each place it appears and inserting ``Commission''; and (B) in the fourth sentence by striking ``Board'' the second place it appears and inserting ``Commission''; (3) in the second sentence of section 6007(f)(6), as redesignated by section 8(a) of this Act, by striking ``Board'' and inserting ``Commission''; (4) in section 6007(f)(7), as redesignated by section 8(a) of this Act, by striking ``Board'' the second place it appears and inserting ``Commission''; and (5) in section 6009(b) by striking ``Board of Review'' and inserting ``Federal Advisory Commission''. (c) Other Conforming Amendments.--Section 6007(f)(2) is amended-- (1) in subparagraph (A)-- (A) by striking ``paragraphs (1)(A) and (1)(B)'' and inserting ``paragraph (1)''; and (B) by striking the second sentence; and (2) in subparagraph (D) by striking ``and lists have been provided for appointments to fill such vacancies''. SEC. 6. REVIEW PROCEDURE. (a) Submission of Actions.--Section 6007(f)(4)(A) is amended to read as follows: ``(A) Submission required.-- ``(i) In general.--An action of the Airports Authority described in subparagraph (B) shall be submitted to the Federal Advisory Commission, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate at least 60 days before the action is to become effective. ``(ii) Urgent and compelling circumstances.--An action submitted to the Federal Advisory Commission and Congress in accordance with clause (i) may become effective before the expiration of the 60-day period referred to in clause (i) if the board of directors certifies, in writing, to the Secretary and Congress that urgent and compelling circumstances exist that significantly affect the interests of the traveling public and will not permit waiting for the expiration of such 60-day period.''. (b) Recommendations.--Section 6007(f)(4)(C) is amended to read as follows: ``(C) Recommendations.--The Federal Advisory Commission may make to the board of directors and Congress recommendations regarding an action within 30 calendar days of its submission under this paragraph. Such recommendations may include a recommendation that the action not take effect.''. (c) Effect of Recommendations.-- (1) Repeal.--Section 6007(f)(4) is amended by striking subparagraph (D) and by redesignating subparagraph (E) as subparagraph (D). (2) Conforming amendment.--Section 6007(f)(5)(B) is amended by striking ``paragraph (4)(D)(ii)'' and inserting ``paragraph (4)''. (d) Expiration of Authority.--Section 6007(f)(4) is amended by adding at the end the following: ``(E) Expiration of authority.-- ``(i) In general.--Except as provided in clause (ii), the authority of the Airports Authority to take any of the actions described in subparagraph (B) shall expire on April 30, 1997. ``(ii) Special rule.--If on any day after April 29, 1997, all of the members to be appointed to the board of directors by the President under section 6007(e)(1)(D) are serving on the board, the authority of the board referred to in clause (i) shall be effective beginning on such day and shall expire on September 30, 1998.''. (e) Protection of Certain Actions.--Actions taken by the Metropolitan Washington Airports Authority and submitted to the Board of Review pursuant to section 6007(f)(4) of the Metropolitan Washington Airports Act of 1986 before the date of the enactment of this Act shall remain in effect and shall not be set aside solely by reason of a judicial order invalidating certain functions of the Board of Review. SEC. 7. CONGRESSIONAL DISAPPROVAL PROCEDURES. (a) Committee Referral.--Section 6007(f)(5)(C) is amended-- (1) by striking ``Public Works and Transportation'' and inserting ``Transportation and Infrastructure''; and (2) by striking ``Commerce, Science and Technology'' and inserting ``Commerce, Science, and Transportation''. (b) House Procedure.--Section 6007(f)(5) is amended-- (1) by striking subparagraphs (D), (E), and (F); (2) by redesignating subparagraphs (G) and (H) as subparagraphs (E) and (F), respectively; and (3) by inserting after subparagraph (C) the following: ``(D) House procedure.--When the committee of the House has reported a resolution, it is at any time in order to move that the House resolve into the Committee of the Whole House on the State of the Union for consideration of the resolution. All points of order against the resolution and against consideration of the resolution are waived. The motion is highly privileged. The previous question shall be considered as ordered on that motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. Debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between a proponent and an opponent. During consideration of the resolution in the Committee of the Whole, the first reading of the resolution shall be dispensed with. General debate shall proceed without intervening motion, shall be confined to the resolution, and shall not exceed 2 hours equally divided and controlled by a proponent and an opponent of the resolution. After general debate, the Committee shall rise and report the bill to the House. The previous question shall be considered as ordered on the resolution to final passage without intervening motion. A motion to reconsider the vote on passage of the resolution shall not be in order.''. SEC. 8. OTHER MATTERS RELATING TO FEDERAL ADVISORY COMMISSION. (a) Request for Consideration of Other Matters; Participation in Meetings.--Section 6007(f) is amended by striking paragraphs (6) and (7) and by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (6), (7), (8), and (9), respectively. (b) Removal of Federal Advisory Commission Members.--Section 6007(f)(9), as redesignated by subsection (a) of this section, is amended by striking ``by a two-thirds vote of the board of directors'' and inserting ``by the Secretary of Transportation''. SEC. 9. EFFECT OF JUDICIAL ORDERS. (a) In General.--Section 6007 is amended by striking subsection (h) and by redesignating subsection (i) as subsection (h). (b) Conforming Amendment.--Section 6011 is amended by striking ``Except as provided in section 6007(h), if'' and inserting ``If''. SEC. 10. FEDERAL ADVISORY COMMITTEE ACT. Section 6007 is further amended by inserting after subsection (h), as redesignated by section 9(a) of this Act, the following: ``(i) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Federal Advisory Commission.''. SEC. 11. USE OF DULLES ACCESS HIGHWAY. The Act is further amended by adding at the end the following: ``SEC. 6013. USE OF DULLES ACCESS HIGHWAY. ``(a) Restrictions.--The Airports Authority shall continue in effect and enforce paragraphs (1) and (2) of section 4.2 of the Metropolitan Washington Airports Regulations, as in effect on February 1, 1995. ``(b) Enforcement.--The district courts of the United States shall have jurisdiction to compel the Airports Authority and its officers and employees to comply with the requirements of this section. An action may be brought on behalf of the United States by the Attorney General, or by any aggrieved party.''. SEC. 12. AMENDMENT OF LEASE. The Secretary of Transportation shall amend the lease entered into with the Metropolitan Washington Airports Authority under section 6005(a) of the Metropolitan Washington Airports Authority Act of 1986 to secure the Airports Authority's consent to the amendments made to such Act by this Act. SEC. 13. AVAILABILITY OF SLOTS. (a) In General.--Section 41714 of title 49, United States Code, is amended-- (1) in subsections (a)(1), (b)(1), and (c)(1) by striking ``(other than Washington National Airport)''; and (2) by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following: ``(h) Limitation on Authority To Grant Exemptions.--The Secretary shall not issue an exemption under this section to the requirements of subparts K and S of part 93 of title 14 of the Code of Federal Regulations (pertaining to slots at high density airports) if the grant of such exemption would adversely affect safety.''. (b) Conforming Amendment.--Section 6009(e)(1) is amended by striking ``The Administrator'' and inserting ``Except as provided by section 41714 of title 49, United States Code, the Administrator''.

Metropolitan Washington Airports Amendments Act of 1995 - Amends the Metropolitan Washington Airports Act of 1986 to revise the term "airport purposes" with respect to real property of the Metropolitan Washington Airports to limit the inclusion of nonprofit, public use facilities to those which are not inconsistent with the needs of aviation. (Sec. 4) Increases the number of persons on the board of directors of the Metropolitan Washington Airports Authority: (1) from 11 to 15 members; and (2) whom the President must appoint with the advice and consent of the Senate from one member to five members. Requires board members appointed by the President to be registered voters of States other than Maryland, Virginia, or the District of Columbia. Requires two of the members appointed to the board by the President to serve for a term of four years. Authorizes a member to serve after the expiration of that member's term until a successor has taken office. Requires vacancies on the board to be filled in the manner in which the original appointment was made. Requires any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed to be appointed only for the remainder of such term. Declares that no more than three members of the board appointed by the President may be of the same political party. Requires presidential appointees on the board to ensure that adequate consideration is given to the national interest in carrying out their duties. Requires nine votes (currently, seven) to approve bond issues and the annual budget. (Sec. 5) Establishes the Federal Advisory Commission of the Airports Authority (thereby effectively replacing the Board of Review of the Airports Authority). (Sec. 6) Requires Airports Authority actions to be submitted to the Federal Advisory Commission (currently, the Board of Review) for review. Requires certain Airports Authority decisions to remain in effect and not be set aside solely by reason of a judicial order invalidating certain functions of the Board of Review. (Sec. 7) Revises requirements for congressional review of Airports Authority actions. (Sec. 8) Provides for the removal of Federal Advisory Commission (previously, Board of Review) members by the Secretary of Transportation (currently, by a two-thirds vote of the board of directors). (Sec. 11) Directs the Airports Authority to continue to enforce certain restrictions contained in the Metropolitan Washington Airports Regulations with respect to the use of the Dulles access highway. (Sec. 13) Prohibits the Secretary from issuing an exemption under specified sections of title 14 of the Code of Federal Regulations regarding the allocation of slots at high density airports if such exemption would adversely affect safety.

Metropolitan Washington Airports Amendments Act of 1995

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Veterans' Benefits Act of 2001''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; references to title 38, United States Code; table of contents. TITLE I--COMPENSATION PROGRAM Sec. 101. Increase in compensation rates and limitations. Sec. 102. Rounding down of cost-of-living adjustments in compensation and DIC rates. TITLE II--HOUSING LOANS Sec. 201. Vendee loan authority. Sec. 202. Loan fees. Sec. 203. Procedures on default. TITLE III--TEMPORARY AUTHORITIES MADE PERMANENT Sec. 301. Income verification authority. Sec. 302. Limitation on pension for certain recipients of medicaid- covered nursing home care. Sec. 303. Health-care and medication copayments. Sec. 304. Third-party insurance collections. TITLE I--COMPENSATION PROGRAM SEC. 101. INCREASE IN COMPENSATION RATES AND LIMITATIONS. (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, effective on December 1, 2001, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Compensation.--Each of the dollar amounts in effect under section 1114 of title 38, United States Code. (2) Additional compensation for dependents.--Each of the dollar amounts in effect under section 1115(1) of such title. (3) Clothing allowance.--The dollar amount in effect under section 1162 of such title. (4) New dic rates.--The dollar amounts in effect under paragraphs (1) and (2) of section 1311(a) of such title. (5) Old dic rates.--Each of the dollar amounts in effect under section 1311(a)(3) of such title. (6) Additional dic for surviving spouses with minor children.--The dollar amount in effect under section 1311(b) of such title. (7) Additional dic for disability.--The dollar amounts in effect under sections 1311(c) and 1311(d) of such title. (8) DIC for dependent children.--The dollar amounts in effect under sections 1313(a) and 1314 of such title. (c) Determination of Increase.--(1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 2001. (2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2001, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount. (d) Special Rule.--The Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. (e) Publication Requirement.--At the same time as the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2002, the Secretary shall publish in the Federal Register the amounts specified in subsection (b) as increased under this section. SEC. 102. ROUNDING DOWN OF COST-OF-LIVING ADJUSTMENTS IN COMPENSATION AND DIC RATES. (a) Compensation COLAs.--Section 1104(a) is amended by striking out ``fiscal years 1998 through 2002.'' (b) DIC COLAs.--Section 1303(a) is amended by striking out ``fiscal years 1998 through 2002.'' TITLE II--HOUSING LOANS SEC. 201. VENDEE LOAN AUTHORITY. (a) Termination of Vendee Loan Authority.--Section 3733(a) is amended by striking out paragraphs (1) and (2) in their entirety and inserting in lieu thereof: ``(1) Prior to October 1, 2001, the Secretary may sell real property acquired by the Secretary as the result of a default on a loan guaranteed or made under this chapter with the purchase financed by a loan made by the Secretary.''. (b) Internal Revenue Code Amendment.--Section 6103(I)(7)(D) of the Internal Revenue Code of 1986, is amended by striking out ``Clause (viii) shall not apply after September 30, 2003.'' SEC. 302. LIMITATION ON PENSION FOR CERTAIN RECIPIENTS OF MEDICAID- COVERED NURSING HOME CARE. Section 5503(f) is amended by striking out paragraph (7). SEC. 303. HEALTH CARE AND MEDICATION COPAYMENTS. (a) Section 1710 is amended by striking out ``before September 30, 2002,'' in subsection (f)(2)(B). (b) Section 1722A is amended by striking out subsection (d). SEC. 304. THIRD-PARTY INSURANCE COLLECTIONS. Section 1729 is amended by striking out ``before October 1, 2002,'' in subsection (a)(2)(E).

Veterans' Benefits Act of 2001 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 2001, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children.Authorizes the Secretary, prior to October 1, 2001, to sell real property acquired as the result of a default on a loan guaranteed or made by the Secretary.Makes permanent: (1) a monthly pension limit for certain veterans receiving Medicaid-covered nursing home care; (2) certain veteran's health care and medication copayment requirements; and (3) the authority for the Department of Veterans Affairs to recover the cost of certain care and services furnished to a veteran in connection with a non-service-connected disability.

A bill to amend title 38, United States Code, to authorize a cost-of-living adjustment in the rates of disability compensation for veterans with service-connected disabilities and dependency and indemnity compensation for the survivors of certain disabled veterans, to make modifications in the veterans home loan guaranty program, to make permanent certain temporary authorities, and for other purposes.

SECTION 1. STABILIZATION FUND. (a) Additional Advances.--Section 217(c)(3) of the Federal Credit Union Act (12 U.S.C. 1790e(c)(3)) is amended by inserting before the period at the end the following: ``and any additional advances''. (b) Assessments.--Section 217 of the Federal Credit Union Act (12 U.S.C. 1790e) is amended by striking subsection (d) and inserting the following: ``(d) Assessment Authority.-- ``(1) Assessments relating to expenditures under subsection (b).--In order to make expenditures, as described in subsection (b), the Board may assess a special premium with respect to each insured credit union in an aggregate amount that is reasonably calculated to make any pending or future expenditure described in subsection (b), which premium shall be due and payable not later than 60 days after the date of the assessment. In setting the amount of any assessment under this subsection, the Board shall take into consideration any potential impact on credit union earnings that such an assessment may have. ``(2) Special premiums relating to repayments under subsection (c)(3).--Not later than 90 days before the scheduled date of each repayment described in subsection (c)(3), the Board shall set the amount of the upcoming repayment and shall determine whether the Stabilization Fund will have sufficient funds to make the repayment. If the Stabilization Fund is not likely to have sufficient funds to make the repayment, the Board shall assess with respect to each insured credit union a special premium, which shall be due and payable not later than 60 days after the date of the assessment, in an aggregate amount calculated to ensure that the Stabilization Fund is able to make the required repayment. ``(3) Computation.--Any assessment or premium charge for an insured credit union under this subsection shall be stated as a percentage of its insured shares, as represented on the previous call report of that insured credit union. The percentage shall be identical for each insured credit union. Any insured credit union that fails to make timely payment of the assessment or special premium is subject to the procedures and penalties described under subsections (d), (e), and (f) of section 202.''. SEC. 2. EQUITY RATIO. Section 202(h)(2) of the Federal Credit Union Act (12 U.S.C. 1782(h)(2)) is amended by striking ``when applied to the Fund,'' and inserting ``which shall be calculated using the financial statements of the Fund alone, without any consolidation or combination with the financial statements of any other fund or entity,''. SEC. 3. NET WORTH DEFINITION. Section 216(o)(2) of the Federal Credit Union Act (12 U.S.C. 1790d(o)(2)) is amended to read as follows: ``(2) Net worth.--The term `net worth'-- ``(A) with respect to any insured credit union, means the retained earnings balance of the credit union, as determined under generally accepted accounting principles, together with any amounts that were previously retained earnings of any other credit union with which the credit union has combined; ``(B) with respect to any insured credit union, includes, at the Board's discretion and subject to rules and regulations established by the Board, assistance provided under section 208 to facilitate a least-cost resolution consistent with the best interests of the credit union system; and ``(C) with respect to a low-income credit union, includes secondary capital accounts that are-- ``(i) uninsured; and ``(ii) subordinate to all other claims against the credit union, including the claims of creditors, shareholders, and the Fund.''. SEC. 4. STUDY OF NATIONAL CREDIT UNION ADMINISTRATION. (a) Study.--The Comptroller General of the United States shall conduct a study of the National Credit Union Administration's supervision of corporate credit unions and implementation of prompt corrective action. (b) Issues To Be Studied.--In conducting the study required under subsection (a), the Comptroller General shall-- (1) determine the reasons for the failure of any corporate credit union since 2008; (2) evaluate the adequacy of the National Credit Union Administration's response to the failures of corporate credit unions, including with respect to protecting taxpayers, avoiding moral hazard, minimizing the costs of resolving such corporate credit unions, and the ability of insured credit unions to bear any assessments levied to cover such costs; (3) evaluate the effectiveness of implementation of prompt corrective action by the National Credit Union Administration for both insured credit unions and corporate credit unions; and (4) examine whether the National Credit Union Administration has effectively implemented each of the recommendations by the Inspector General of the National Credit Union Administration in its Material Loss Review Reports, and, if not, the adequacy of the National Credit Union Administration's reasons for not implementing such recommendation. (c) Report to Council.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report on the results of the study required under this section to-- (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; (2) the Committee on Financial Services of the House of Representatives; and (3) the Financial Stability Oversight Council. (d) Council Report of Action.--Not later than 6 months after the date of receipt of the report from the Comptroller General under subsection (c), the Financial Stability Oversight Council shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on actions taken in response to the report, including any recommendations issued to the National Credit Union Administration under section 120 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5330). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Federal Credit Union Act regarding repayment to the Treasury of advances to the Temporary Corporate Credit Union Stabilization Fund (Stabilization Fund) for payments connected to the conservatorship, liquidation, or threatened conservatorship or liquidation, of a corporate credit union. Revises requirements for assessments on federally insured credit unions by the National Credit Union Administration Board to ensure that the Stabilization Fund will have sufficient funds to make scheduled repayments to the Treasury. Authorizes the Board to assess a special premium on each insured credit union in an aggregate amount reasonably calculated to make any pending or future expenditure from the Stabilization Fund. Makes the premium due and payable by 60 days after the assessment date. Requires the Board, in setting the amount of any such assessment, to take into consideration any potential impact on credit union earnings that such an assessment may have. Requires calculation of the equity ratio of the National Credit Union Share Insurance Fund (Insurance Fund), for timing and assessment of premium charges, to use the financial statements of the Insurance Fund alone, without any consolidation or combination with the financial statements of any other fund or entity. Revises the definition of net worth with respect to any insured credit union to include, at Board discretion, and subject to Board rules and regulations, special assistance to an insured credit union to avoid liquidation that is provided to facilitate a least-cost resolution consistent with the best interests of the credit union system. Directs the Comptroller General to study and report to Congress and the Financial Stability Oversight Council on the supervision of corporate credit unions and implementation of prompt corrective action by the National Credit Union Administration (NCUA). Requires the Council to report to Congress within six months after receiving the Comptroller General's report on any actions taken in response to it, including any recommendations issued to NCUA under the Dodd-Frank Wall Street Reform and Consumer Protection Act to apply new or heightened standards and safeguards to insured credit unions for financial stability purposes.

A bill to clarify the National Credit Union Administration authority to make stabilization fund expenditures without borrowing from the Treasury.

SECTION 1. REQUIREMENTS OF PROMOTERS OF SKILL CONTESTS OR SWEEPSTAKES MAILINGS. (a) In General.--Chapter 30 of title 39, United States Code, is amended by adding after section 3015 the following: ``Sec. 3016. Nonmailable skill contests or sweepstakes matter; notification to prohibit mailings ``(a) Definitions.--In this section, the term-- ``(1) `promoter' means any person who-- ``(A) originates and mails any skill contest or sweepstakes; or ``(B) originates and causes to be mailed any skill contest or sweepstakes; ``(2) `removal request' means a request stating that an individual elects to have the name and address of such individual excluded from any list used by a promoter for mailing skill contests or sweepstakes; ``(3) `skill contest' means a puzzle, game, competition, or other contest in which-- ``(A) a prize is awarded or offered; ``(B) the outcome depends predominately on the skill of the contestant; and ``(C) a purchase, payment, or donation is required or implied to be required to enter the contest; and ``(4) `sweepstakes' means a game of chance for which no consideration is required to enter. ``(b) Nonmailable Matter.-- ``(1) In general.--Matter otherwise legally acceptable in the mails described under paragraph (2)-- ``(A) is nonmailable matter; ``(B) shall not be carried or delivered by mail; and ``(C) shall be disposed of as the Postal Service directs. ``(2) Nonmailable matter described.--Matter that is nonmailable matter referred to under paragraph (1) is any matter that-- ``(A) is a skill contest or sweepstakes; and ``(B)(i) is addressed to an individual who made an election to be excluded from lists under subsection (d); or ``(ii) does not comply with subsection (c)(1). ``(c) Requirements of Promoters.-- ``(1) Notice to individuals.--Any promoter who mails a skill contest or sweepstakes shall provide with each mailing a statement that-- ``(A) is clearly and conspicuously displayed; ``(B) includes the address or toll-free telephone number of the notification system established under paragraph (2); and ``(C) states that the notification system may be used to prohibit the mailing of all skill contests or sweepstakes by that promoter to such individual. ``(2) Notification system.--Any promoter that mails or causes to be mailed a skill contest or sweepstakes shall establish and maintain a notification system that provides for any individual (or other duly authorized person) to notify the system of the individual's election to have the name and address of the individual excluded from all lists of names and addresses used by that promoter to mail any skill contest or sweepstakes. ``(d) Election To Be Excluded From Lists.-- ``(1) In general.--An individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists of names and addresses used by a promoter of skill contests or sweepstakes by submitting a removal request to the notification system established under subsection (c). ``(2) Response after submitting removal request to the notification system.--Not later than 35 calendar days after a promoter receives a removal request pursuant to an election under paragraph (1), the promoter shall exclude the individual's name and address from all lists of names and addresses used by that promoter to select recipients for any skill contest or sweepstakes. ``(3) Effectiveness of election.--An election under paragraph (1) shall remain in effect, unless an individual (or other duly authorized person) notifies the promoter in writing that such individual-- ``(A) has changed the election; and ``(B) elects to receive skill contest or sweepstakes mailings from that promoter. ``(e) Promoter Nonliability.--A promoter shall not be subject to civil liability for the exclusion of an individual's name or address from any list maintained by that promoter for mailing skill contests or sweepstakes, if-- ``(1) a removal request is received by the promoter's notification system; and ``(2) the promoter has a good faith belief that the request is from-- ``(A) the individual whose name and address is to be excluded; or ``(B) another duly authorized person. ``(f) Prohibition on Commercial Use of Lists.-- ``(1) In general.-- ``(A) Prohibition.--No person may provide any information (including the sale or rental of any name or address) derived from a list described under subparagraph (B) to another person for commercial use. ``(B) Lists.--A list referred to under subparagraph (A) is any list of names and addresses (or other related information) compiled from individuals who exercise an election under subsection (d). ``(2) Civil penalty.--Any person who violates paragraph (1) shall be assessed a civil penalty by the Postal Service not to exceed $2,000,000 per violation. ``(g) Civil Penalties.-- ``(1) In general.--Any promoter-- ``(A) who recklessly mails nonmailable matter in violation of subsection (b) shall be liable to the United States in an amount of $10,000 per violation for each mailing to an individual of nonmailable matter; or ``(B) who fails to comply with the requirements of subsection (c)(2) shall be liable to the United States. ``(2) Enforcement.--The Postal Service shall assess civil penalties under this section.''. (b) Clerical Amendment.--The table of sections for chapter 30 of title 39, United States Code, is amended by adding after the item relating to section 3015 the following: ``3016. Nonmailable skill contests or sweepstakes matter; notification to prohibit mailings.''. (c) Effective Date.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act.

Requires any promoter who mails a skill contest or sweepstakes to: (1) provide with each mailing a clear and conspicuous statement that includes the address or toll- free telephone number of such notification system and states that it can be used to prohibit the mailing of any skill contest or sweepstakes to such individual; and (2) establish and maintain a notification system that provides for any individual or other duly authorized person to notify the system of the individual's election to have his or her name and address excluded from all lists of names and addresses used by that promoter to mail such material. Prohibits the commercial use of any list of names and addresses used, maintained, or created by the system. Establishes civil penalties for: (1) persons who violate the prohibition; and (2) promoters who recklessly mail such nonmailable matter or fail to comply substantially with the notification system requirements.

To amend title 39, United States Code, to provide for the establishment of a notification system under which individuals may elect not to receive mailings related to skill contests or sweepstakes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Penalty Fairness Act of 2009''. SEC. 2. LIMITATION ON PENALTY FOR FAILURE TO DISCLOSE REPORTABLE TRANSACTIONS BASED ON RESULTING TAX BENEFITS. (a) In General.--Subsection (b) of section 6707A of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Penalty.-- ``(1) In general.--Except as otherwise provided in this subsection, the amount of the penalty under subsection (a) with respect to any reportable transaction shall be 75 percent of the decrease in tax shown on the return as a result of such transaction (or which would have resulted from such transaction if such transaction were respected for Federal tax purposes). ``(2) Maximum penalty.--The amount of the penalty under subsection (a) with respect to any reportable transaction shall not exceed-- ``(A) in the case of a listed transaction, $200,000 ($100,000 in the case of a natural person), or ``(B) in the case of any other reportable transaction, $50,000 ($10,000 in the case of a natural person). ``(3) Minimum penalty.--The amount of the penalty under subsection (a) with respect to any transaction shall not be less than $10,000 ($5,000 in the case of a natural person).''. (b) Effective Date.--The amendment made by this section shall apply to penalties assessed after December 31, 2006. SEC. 3. REPORT ON TAX SHELTER PENALTIES AND CERTAIN OTHER ENFORCEMENT ACTIONS. (a) In General.--The Commissioner of Internal Revenue, in consultation with the Secretary of the Treasury, shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate an annual report on the penalties assessed by the Internal Revenue Service during the preceding year under each of the following provisions of the Internal Revenue Code of 1986: (1) Section 6662A (relating to accuracy-related penalty on understatements with respect to reportable transactions). (2) Section 6700(a) (relating to promoting abusive tax shelters). (3) Section 6707 (relating to failure to furnish information regarding reportable transactions). (4) Section 6707A (relating to failure to include reportable transaction information with return). (5) Section 6708 (relating to failure to maintain lists of advisees with respect to reportable transactions). (b) Additional Information.--The report required under subsection (a) shall also include information on the following with respect to each year: (1) Any action taken under section 330(b) of title 31, United States Code, with respect to any reportable transaction (as defined in section 6707A(c) of the Internal Revenue Code of 1986). (2) Any extension of the time for assessment of tax enforced, or assessment of any amount under such an extension, under paragraph (10) of section 6501(c) of the Internal Revenue Code of 1986. (c) Date of Report.--The first report required under subsection (a) shall be submitted not later than June 1, 2010. SEC. 4. APPLICATION OF BAD CHECKS PENALTY TO ELECTRONIC PAYMENTS. (a) In General.--Section 6657 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``If any check or money order in payment of any amount'' and inserting ``If any instrument in payment, by any commercially acceptable means, of any amount'', and (2) by striking ``such check'' each place it appears and inserting ``such instrument''. (b) Effective Dates.--The amendments made by this section shall apply to instruments tendered after the date of the enactment of this Act. SEC. 5. APPLICATION OF LEVY TO PAYMENTS TO FEDERAL VENDORS RELATING TO PROPERTY. (a) In General.--Section 6331(h)(3) of the Internal Revenue Code of 1986 is amended by striking ``goods or services'' and inserting ``property, goods, or services''. (b) Effective Date.--The amendment made by this section shall apply to levies approved after the date of the enactment of this Act. Passed the Senate February 9 (legislative day, February 8), 2010. Attest: Secretary. 111th CONGRESS 2d Session S. 2917 _______________________________________________________________________ AN ACT To amend the Internal Revenue Code of 1986 to modify the penalty for failure to disclose certain reportable transactions and the penalty for submitting a bad check to the Internal Revenue Service, to modify certain rules relating to Federal vendors, and for other purposes.

Small Business Penalty Fairness Act of 2009 - Amends the Internal Revenue Code to limit the penalty for failure to disclose a reportable transaction (a transaction determined by the Internal Revenue Service [IRS] as having a potential for tax avoidance or evasion) to 75% of the decrease in tax shown on the return as a result of such transaction. Sets forth a maximum penalty for failure to report a reportable transaction and a minimum and maximum penalty for failure to report a listed transaction (a transaction specifically identified by the IRS as a tax avoidance transaction). Requires the Commissioner of Internal Revenue to report by June 1, 2010, and then annually, to Congress on penalties relating to abusive tax shelters and reportable transactions. Extends the penalty for tendering a bad check to the Internal Revenue Service to any commercially acceptable payment instrument (including electronic payments). Expands the continuous tax levy on payments to vendors for goods and services to include payments for all property, goods, or services.

A bill to amend the Internal Revenue Code of 1986 to modify the penalty for failure to disclose certain reportable transactions and the penalty for submitting a bad check to the Internal Revenue Service, to modify certain rules relating to Federal vendors, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Higher Education Savings Credit Act of 1997''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. CREDIT FOR CONTRIBUTIONS TO EDUCATION INVESTMENT ACCOUNTS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 (relating to nonrefundable personal credits) is amended by inserting after section 23 the following new section: ``SEC. 24. CONTRIBUTIONS TO EDUCATION INVESTMENT ACCOUNTS. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the contributions made by the taxpayer for the taxable year to an education investment account of an account holder who is an individual with respect to whom the taxpayer is allowed a deduction under section 151(c) for such taxable year. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is the percentage determined in accordance with the following table with respect to the age of the account holder as of the close of the taxable year: ``If the account The applicable holder's age is: percentage is: Not over 6................................. 50 Over 6 but not over 9...................... 40 Over 9 but not over 12..................... 30 Over 12 but not over 15.................... 20 Over 15 but not over 18.................... 10 ``(b) Limitation on Amount of Contributions Taken Into Account in Determining Credit.--The amount of contributions which may be taken into account under subsection (a) with respect to each account holder shall not exceed $500. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Education investment account.--The term `education investment account' means a trust created or organized in the United States exclusively for the purpose of paying the qualified higher education expenses of the account holder, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted-- ``(i) unless it is in cash, ``(ii) except in the case of rollover contributions from another education investment account, in excess of $1,500 for any calendar year, and ``(iii) after the date on which the account holder attains age 18. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in life insurance contracts. ``(D) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(E) Any balance in the education investment account on the day after the date on which the account holder attains age 30 (or, if earlier, the date on which such holder dies) shall be distributed within 30 days of such date to the account holder (or in the case of death, the beneficiary). ``(2) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means the cost of attendance (within the meaning of section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll), as in effect on the date of the enactment of the Higher Education Access and Affordability Act of 1997) of the account holder at an eligible educational institution, except that such expenses shall be reduced by-- ``(i) the amount excluded from gross income under section 135 by reason of such expenses, and ``(ii) the amount of the reduction described in section 135(d)(1) (other than subparagraph (E)). ``(B) State tuition plans.--Such term shall include amounts paid or incurred to purchase tuition credits or certificates, or to make contributions to an account, under a qualified State tuition program (as defined in section 529(b)). ``(3) Eligible educational institution.--The term `eligible educational institution' has the meaning given such term by section 135(c)(3). ``(4) Account holder.--The term `account holder' means the individual for whose benefit the education investment account is established. ``(5) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(6) Account may not be established for benefit of more than 1 individual.--An education investment account may not be established for the benefit of more than 1 individual. ``(7) Special rule where more than 1 account.--If, at any time during a calendar year, 2 or more education investment accounts are maintained for the benefit of an individual, only the account first established shall be treated as an education investment account for purposes of this section. This paragraph shall not apply to the extent more than 1 account exists solely by reason of a rollover contribution. ``(d) Tax Treatment of Account.-- ``(1) In general.--An education investment account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, the education investment account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(2) Special rules.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to any education investment account, and any amount treated as distributed under such rules shall be treated as not used to pay qualified higher education expenses. ``(e) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount paid or distributed out of an education investment account shall be included in gross income of the payee or distributee for the taxable year in the manner prescribed by section 72. For purposes of the preceding sentence, rules similar to the rules of section 408(d)(2) shall apply. ``(2) Distribution used to pay educational expenses.-- Paragraph (1) shall not apply to any payment or distribution out of an education investment account to the extent such payment or distribution is used exclusively to pay the qualified higher education expenses of the account holder. ``(3) Special rule for applying section 2503.--If any payment or distribution from an education investment account is used exclusively for the payment to an eligible educational institution of the qualified higher education expenses of the account holder, such payment shall be treated as a qualified transfer for purposes of section 2503(e). ``(4) Additional tax and credit recapture for distributions not used for educational expenses.-- ``(A) In general.-- ``(i) Additional tax.--The tax imposed by this chapter for any taxable year on any taxpayer who receives a payment or distribution from an education investment account which is includible in gross income under paragraph (1) shall be increased by 10 percent of the amount which is so includible. ``(ii) Credit recapture.--If any payment or distribution out of an education investment account is not used exclusively to pay the qualified higher education expenses of the account holder, the account holder's tax imposed by this chapter for the taxable year in which such payment or distribution is made shall be increased by the lesser of the amount of the payment or distribution or the excess (if any) of-- ``(I) the aggregate credit allowed under this section for contributions to such account, over ``(II) the aggregate increase in tax under this clause for all prior taxable years with respect to payments and distributions out of such account. ``(B) Exception for disability, death, or scholarship.--Subparagraph (A) shall not apply if the payment or distribution is-- ``(i) made on account of the death or disability of the account holder, or ``(ii) made on account of a scholarship (or allowance or payment described in section 135(d)(1) (B) or (C)) received by the account holder to the extent the amount of the payment or distribution does not exceed the amount of the scholarship, allowance, or payment. ``(C) Excess contributions returned before due date of return.--Subparagraph (A) shall not apply to the distribution to a contributor of any contribution paid during a taxable year to an education investment account to the extent that such contribution, when added to previous contributions to the account during the taxable year, exceeds $1,500 if-- ``(i) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such contributor's return for such taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the contributor for the taxable year in which such excess contribution was made. ``(5) Rollover contributions.--Paragraph (1) shall not apply to any amount paid or distributed from an education investment account to the extent that the amount received is paid into another education investment account for the benefit of the account holder not later than the 60th day after the day on which the holder receives the payment or distribution. The preceding sentence shall not apply to any payment or distribution if it applied to any prior payment or distribution during the 12-month period ending on the date of the payment or distribution. ``(6) Special rules for death and divorce.--Rules similar to the rules of section 220(f) (7) and (8) shall apply. ``(f) Community Property Laws.--This section shall be applied without regard to any community property laws. ``(g) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute an account described in subsection (b)(1). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(h) Reports.--The trustee of an education investment account shall make such reports regarding such account to the Secretary and to the account holder with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.'' (b) Tax on Prohibited Transactions.--Section 4975 (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(5) Special rule for education investment accounts.--An individual for whose benefit an education investment account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an education investment account by reason of the application of section 24 to such account.''; and (2) in subsection (e)(1), by striking ``or'' at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: ``(E) a education investment account described in section 24(c), or''. (c) Failure To Provide Reports on Education Investment Accounts.-- Section 6693 (relating to failure to provide reports on individual retirement accounts or annuities) is amended-- (1) by striking ``individual retirement'' and inserting ``certain tax-favored'' in the heading of such section, and (2) in subsection (a)(2), 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 new subparagraph: ``(C) section 24(h) (relating to education investment accounts).'' (d) Coordination With Savings Bond Exclusion.--Section 135(d)(1) is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'' , and by adding at the end the following new subparagraph: ``(E) a payment or distribution from an education investment account (as defined in section 24(c)).'' (e) Clerical Amendments.-- (1) The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Contributions to education investment accounts.'' (2) The item relating to section 6693 in the table of sections for subchapter B of chapter 68 is amended by striking ``individual retirement'' and inserting ``certain tax- favored''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Higher Education Savings Credit Act of 1997 - Amends the Internal Revenue Code to establish a credit for contributions made by a taxpayer to a qualifying higher education investment account for a dependent not over 18 years old. Determines such credit upon a maximum annual contribution of $500 per account holder and an age-based percentage. Excludes account distributions from gross income if used to pay the holder's qualified higher education expenses, and provides for an additional tax and credit recapture (with exceptions) if used otherwise. Sets forth related reporting requirements.

Higher Education Savings Credit Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Harassment-Free Workplace Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide Federal protection to small business employees from sexual harassment in their workplaces; (2) to extend the sexual harassment provisions of current civil rights laws to private sector employers who are not currently covered by Federal law relating to sexual harassment; and (3) to authorize the Equal Employment Opportunity Commission to enforce sexual harassment laws with respect to small businesses in the same manner as the Commission currently enforces employment discrimination laws with respect to other businesses. SEC. 3. DEFINITIONS. As used in this Act: (1) Commerce.--The term ``commerce'' means trade, traffic, commerce, transportation, transmission, or communication-- (A) among the several States; (B) between a State and any place outside thereof; (C) within the District of Columbia, or a possession of the United States; or (D) between points in the same State but through a point outside thereof. (2) Commission.--The term ``Commission'' means the Equal Employment Opportunity Commission established under section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4). (3) Complaining party.--The term ``complaining party'' means the Commission, the Attorney General, or a person who may bring an action or proceeding under this Act. (4) Employee.--The term ``employee'' means an individual employed by an employer, except that the term ``employee'' shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency, or political subdivision. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States. (5) Employer.--The term ``employer'' means a person engaged in an industry affecting commerce who has fewer than fifteen employees for each working day in each of 33 or more calendar weeks in the current and in the preceding calendar year. (6) Employment agency.--The term ``employment agency'' means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, and includes an agent of such a person. (7) Industry affecting commerce.--The term ``industry affecting commerce'' means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry ``affecting commerce'' within the meaning of the Labor-Management Reporting and Disclosure Act of 1959, and further includes any governmental industry, business, or activity. (8) Labor organization.--The term ``labor organization'' means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay hours, or other items or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization. (9) Labor organization deemed to be engaged in an industry affecting commerce.--A labor organization shall be deemed to be engaged in an industry affecting commerce if-- (A)(i) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer; or (ii) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organizations) is fewer than 15; and (B) such labor organization-- (i) is the certified representative of employees under the provisions of the National Labor Relations Act or the Railway Labor Act; (ii) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; (iii) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of clause (i) or (ii); (iv) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of clause (i) or (ii) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or (v) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of clauses (i), (ii), (iii), or (iv). (10) Person.--The term ``person'' includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint- stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, United States Code, or receivers. (11) Respondent.--The term ``respondent'' means-- (A) an employer, employment agency, labor organization; or (B) a joint labor-management committee controlling apprenticeship or other training or retraining program, including an on-the-job training program, that serves an employer or an employee. (12) State.--The term ``State'' includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act. SEC. 4. SEXUAL HARASSMENT. (a) In General.--It shall be an unlawful employment practice for a respondent to engage in a practice that constitutes sexual harassment, within the meaning of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) (including any regulation or administrative guideline issued under such title, or any applicable case law issued by a Federal court with respect to such title, regarding such harassment) against an employee or an applicant for employment with an employer. (b) Anti-retaliation.--It shall be an unlawful employment practice for a respondent to discriminate against any such employee or applicant because the employee or applicant has opposed any practice made an unlawful employment practice by this Act, or because the employee or applicant has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act. SEC. 5. ENFORCEMENT, REMEDIES, AND RELATED PROVISIONS. (a) Enforcement and Remedies.-- (1) In general.--This Act provides the powers, remedies, and procedures set forth in sections 705, 706, 707, 709, 710, 713, and 714 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 4, 2000e-5, 2000e-6, 2000e-8, 2000e-9, 2000e-12, and 2000e-13) to the Commission, to the Attorney General, or to any person alleging a violation of any provision of this Act, as appropriate. (2) Damages.-- (A) In general.--Except as provided in subparagraph (B), in an action brought by a complaining party under paragraph (1) in accordance with section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5) against a respondent who engaged in a practice that violates a provision of this Act, the complaining party may be awarded compensatory and punitive damages as allowed in section 1977A(b) of the Revised Statutes (42 U.S.C. 1981a(b)), in addition to any relief authorized by section 706(g) of the Civil Rights Act of 1964, from the respondent. (B) Limitations.--If-- (i) a complaining party is awarded, under this paragraph, compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, or other nonpecuniary losses, or punitive damages; and (ii) on the day on which the complaining party is awarded damages described in clause (i) there is in effect under section 1977A of the Revised Statutes a limit on the sum of the amount of such damages that may be awarded under such section in an action in which the respondent has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, the sum of the amount of such damages that the complaining party may be awarded under this paragraph may not exceed the sum described in clause (ii). (C) Jury trial.--If a complaining party seeks compensatory or punitive damages under this paragraph-- (i) any party may demand a trial by jury; and (ii) the court shall not inform the jury of the limitations described in subparagraph (B). (b) Extraterritorial Application.--Section 702 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1) shall apply with respect to the application of this Act to an employer, employing agency, labor organization, or committee, in the same manner and to the same extent as such section applies with respect to the application of title VII of such Act (42 U.S.C. 2000e et seq.) to an employer, employing agency, labor organization, or committee, respectively, as such terms are used in such Act. (c) Effect on State Laws.--Section 708 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-7) shall apply with respect to the construction of this Act in the same manner and to the same extent as such section applies with respect to the construction of title VII of such Act. SEC. 6. POSTING NOTICES. (a) Notice.--Every respondent shall post and keep posted, in the manner prescribed by section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-10), a notice describing the applicable provisions of this Act, to be prepared or approved by the Commission and to appear in an accessible format, for employees and applicants for employment with employers. (b) Penalty.--A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense. SEC. 7. EFFECTIVE DATE. This Act shall take effect 6 months after the date of enactment of this Act.

Harassment-Free Workplace Act - Makes it an unlawful employment practice for a respondent (employer, employment agency, labor organization, or joint labor-management committee of an apprenticeship, training, or retraining program) to engage in a practice that constitutes sexual harassment as defined under the Civil Rights Act of 1964 against an employee or job applicant. Prohibits any action against an employee or applicant in response to a charge or allegation of sexual harassment or participation in an investigation. Provides for enforcement by the Equal Employment Opportunity Commission, the Attorney General, or an aggrieved party. Allows compensatory and punitive damages, with limitations. Requires all respondents to post a notice, prepared or approved by the Commission, describing the applicable provisions of this Act.

Harassment-Free Workplace Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Olympic Sports Revitalization Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Chapter 2205 of title 36, United States Code (commonly referred to as the Ted Stevens Olympic and Amateur Sports Act), requires the United States Olympic Committee (USOC) to obtain for the United States ``the most competent representation possible in each event of the Olympic Games''. (2) A traditional route in the United States to participation in the Olympic Games has been participation in athletics at United States four-year colleges and universities. (3) United States four-year colleges and universities are producing a much smaller number of participants in certain sports of the Olympic Games than they have in the past. A 2001 report of the General Accounting Office entitled ``Intercollegiate Athletics: Four-Year Colleges' Experiences Adding and Discontinuing Teams'' reveals that, between 1981 and 1999, in five Olympic women's sports--gymnastics, fencing, field hockey, archery, and badminton--and eleven Olympic men's sports--wrestling, tennis, gymnastics, rifle/shooting, fencing, outdoor track, swimming, skiing, ice hockey, water polo, and archery--discontinuations of teams by such colleges and universities have resulted in a net loss in the number of such teams nationwide. The largest percentage loss in such teams occurred in women's gymnastics (a 53 percent loss) and in men's wrestling (a 40 percent loss). The report also indicates that while the number of women participating in college athletics increased between 1981 and 1999, the number of men participating in college athletics in 1999 still significantly exceeded the number of women participating in college athletics in that year. (4) According to the report, such discontinuations stem from declining student interest in the Olympic sports referred to in paragraph (3) and from administrative decisions of colleges and universities regarding the allocation of resources. (5) While there has been a loss of teams at colleges and universities in the Olympic sports referred to in paragraph (3), three other Olympic sports, called ``Emerging Sports for Women'' by the National Collegiate Athletic Association, have yet to be fully established. These sports are team handball, synchronized swimming, and equestrian. These sports merit additional support if the USOC is to meet the basic requirement referred to in paragraph (1). (6) Because the Olympic sports referred to in paragraphs (3) and (5) tend not to generate revenue for colleges and universities, such sports have little leverage in decisions of colleges and universities about the allocation of their resources for sports programs. (7) The discontinuation by colleges and universities of teams in the Olympic sports referred to in paragraphs (3) disrupts the amateur careers of athletes participating in such sports and makes it more difficult for the USOC to fulfill one of its primary missions. (8) In addition to the basic requirement referred to in paragraph (1), the Ted Stevens Olympic and Amateur Sports Act also identifies other objectives of the USOC, including-- (A) that it ``assist organizations and persons concerned with sports in the development of amateur athletic programs for amateur athletes''; (B) that it ``encourage and provide assistance to amateur athletic activities for women''; and (C) that it ``encourage and provide assistance to amateur athletes of racial and ethnic minorities for the purpose of eliciting the participation of such minorities in amateur athletic activities in which they are underrepresented''. (9) Due to a lack of public dissemination of data collected by the Department of Education under the Equity in Athletics Disclosure Act, prospective student-athletes often lack information to determine what athletic opportunities colleges and universities provide their students. (10) According the report referred to in paragraph (3), colleges and universities often discontinue sports teams in a manner that gives student-athletes no advance notice of consideration of such discontinuations and no opportunity for appeal of the decision--thereby disrupting the amateur careers affected by such discontinuations. (b) Purpose.--The purpose of this Act is to encourage United States representation in the events of the Olympic Games by-- (1) promoting the revitalization of amateur athletics; and (2) encouraging amateur careers in athletics. SEC. 3. GRANTS FOR SUPPORT OF CERTAIN AMATEUR ATHLETICS. (a) Authority.--Chapter 2205 of title 36, United States Code (commonly referred to as the Ted Stevens Olympic and Amateur Sports Act), is amended by adding at the end the following new subchapter: ``SUBCHAPTER III--MISCELLANEOUS ``Sec. 220541. Grants for support of certain amateur athletics ``(a) Authority To Make Grants.--The Secretary of Commerce may, from funds authorized to be appropriated by subsection (d), make grants to the corporation to provide funds for the purpose described in subsection (b). ``(b) Purpose.--(1) The corporation shall use amounts received under subsection (a) for the purpose of encouraging participation in covered Olympic sports by individuals under 18 years of age, with particular emphasis on the participation in such sports of such individuals who have previously had limited opportunity for participation in such sports. ``(2) The corporation may use amounts so received for the purpose described in paragraph (1) directly or by making grants for that purpose to national governing bodies of covered Olympic sports recognized under subchapter II. ``(3) To the maximum extent practicable, participation in covered Olympic sports shall be encouraged under paragraph (1) through the establishment or support of appropriate community sports organizations. ``(c) Covered Olympic Sports.--For purposes of this section, a covered Olympic sport is as follows: ``(1) Women's gymnastics. ``(2) Women's fencing. ``(3) Women's field hockey. ``(4) Women's archery. ``(5) Women's badminton. ``(6) Women's team handball. ``(7) Women's synchronized swimming. ``(8) Women's equestrian. ``(9) Men's wrestling. ``(10) Men's tennis. ``(11) Men's gymnastics. ``(12) Men's rifle/shooting. ``(13) Men's fencing. ``(14) Men's outdoor track. ``(15) Men's swimming. ``(16) Men's skiing. ``(17) Men's ice hockey. ``(18) Men's water polo. ``(19) Men's archery. ``(20) Any other Olympic women's or men's sport determined by the Secretary of Education to be-- ``(A) a sport in which the discontinuation of teams in the sport by four-year colleges and universities in the United States has resulted in a net decrease in the number of college and university teams in the sport nationwide; or ``(B) an emerging sport. ``(d) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Commerce for purposes of activities under this section, $10,000,000 for each of fiscal years 2002 through 2006.''. (b) Annual Report.--Section 220511 of that title is amended-- (1) in subsection (a)-- (A) by inserting ``of Quadrennial Report'' after ``Submission''; and (B) by striking ``transmit'' and inserting ``submit''; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following new subsection (b): ``(b) Submission of Annual Report to President and Congress.--The corporation shall, on or before January 31 each year, submit simultaneously to the President and to each House of Congress a detailed report on its activities under section 220541 of this title during the preceding year.''; and (4) in subsection (c), as so redesignated, by striking ``the report'' and inserting ``each report under this section''. (c) Conforming and Clerical Amendments.--(1) The section heading of section 220511 of that title is amended to read as follows: ``Sec. 220511. Reports''. (2) The table of sections at the beginning of that chapter is amended-- (A) by striking the item relating to section 220511 and inserting the following new item: ``220511. Reports.''; and (B) by adding at the end the following: ``SUBCHAPTER III--MISCELLANEOUS ``220541. Grants for support of certain amateur athletics.''. SEC. 4. EXPANSION OF OLYMPIC SCHOLARSHIP PROGRAM. Title XV of the Higher Education Amendments of 1992 (Public law 102-235) is amended by inserting after part E the following: ``PART F--OLYMPIC SPORTS REVITALIZATION ``SEC. 1544. OLYMPIC SPORTS REVITALIZATION. ``(a) Olympic Sports Revitalization.-- ``(1) In general.--The Secretary of Education may provide funds to the United States Olympic Committee, or the national governing body of the sport concerned, for distribution to institutions of higher education for disbursement to students of such institutions who-- ``(A) participate in an intercollegiate athletic program in an Olympic sport described in paragraph (4); and ``(B) are full-time students. ``(2) Distributions.-- ``(A) In general.--The United States Olympic Committee or the national governing body concerned shall, from funds received under paragraph (1), make distributions to institutions of higher education for purposes of disbursements under paragraph (3) to students of such institutions of higher education who are described in paragraph (1). Each such distribution shall be for purposes of students of the institution of higher education concerned in one particular intercollegiate athletic program described in paragraph (1). ``(B) Amount of distribution.--The aggregate amount of the distribution under this paragraph for a particular intercollegiate athletic program may not be less than $100,000 or exceed $200,000. ``(C) Allocation of distribution.--The amount of the distribution under this paragraph shall be allocated to the institution of higher education concerned in equal portions over four years. ``(D) Limitation on number of recipient athletic programs.--No more than three intercollegiate athletic programs of an institution of higher education may have a distribution in effect under this paragraph at any one time. ``(E) Cancellation of athletic program.-- Notwithstanding subparagraphs (B) and (C), if an institution of higher education receiving a distribution under this paragraph for an intercollegiate athletic program cancels the program, no further portion of the distribution may be allocated to the institution of higher education under this paragraph for the program. ``(3) Disbursements.-- ``(A) In general.--An institution of higher education receiving a distribution under paragraph (2) with respect to an intercollegiate athletic program shall disburse the distribution among full-time students of the institution of higher education who are participating in the intercollegiate athletic program. ``(B) Limitation.--The amount of the disbursement to a student under subparagraph (A) may not exceed the cost of educational expenses at the institution of higher education concerned. ``(4) Olympic sports.--An Olympic sport described in this paragraph is-- ``(A) women's gymnastics; ``(B) women's fencing; ``(C) women's field hockey; ``(D) women's archery; ``(E) women's badminton; ``(F) women's team handball; ``(G) women's synchronized swimming; ``(H) women's equestrian; ``(I) men's wrestling; ``(J) men's tennis; ``(K) men's gymnastics; ``(L) men's rifle/shooting; ``(M) men's fencing; ``(N) men's outdoor track; ``(O) men's swimming; ``(P) men's skiing; ``(Q) men's ice hockey; ``(R) men's water polo; ``(S) men's archery; and ``(T) any other Olympic women's or men's sport determined by the Secretary to be-- ``(i) a sport in which the discontinuation of teams in the sport by four-year colleges and universities in the United States has resulted in a net decrease in the number of college and university teams in the sport nationwide; or ``(ii) an emerging sport. ``(b) Application.--To be eligible to receive a distribution under subsection (a), an institution of higher education shall prepare and submit to the United States Olympic Committee or the national governing body of the sport concerned an application at such time, in such manner, and accompanied by such information as the Committee or such body, as the case may be, may reasonably require. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2002 through 2006.''. SEC. 5. REPORTING OF EQUITY IN ATHLETIC DISCLOSURE ACT DATA. Section 485(g) of the Higher Education Act of 1965 (20 U.S.C. 1092(g)) is amended-- (1) in paragraph (4)-- (A) by redesignating subparagraph (D) as subparagraph (E); and (B) by inserting after subparagraph (C), the following: ``(D) The Secretary shall ensure that reports are disseminated to the public under subparagraph (C) by means that include the Internet and in a manner that is easily understandable. Beginning in the year in which data for a 5- year period is available, such reports shall include information on the 5-year trends in the data reported.''; and (2) by adding at the end the following: ``(F) There is authorized to be appropriated to carry out this paragraph, $1,250,000 for each of fiscal years 2002 and 2003.''. SEC. 6. TEAM TERMINATION NOTIFICATION AND APPEAL REQUIREMENT. Part D of title I of the Higher Education Act of 1965 (20 U.S.C. 1018 et seq.) is amended by adding at the end the following: ``SEC. 144. TEAM TERMINATION NOTIFICATION AND APPEAL REQUIREMENT. ``Effective on the date of enactment of this section, an institution of higher education that receives assistance under this Act shall not terminate funding for any intercollegiate sport, or reduce funding or participation levels to such an extent so as to effectively terminate such a sport, unless such institution provides to the members of the team participating in that sport-- ``(1) a written statement of the justification for the termination or reduction that includes the reasons relating to why the termination is necessary; and ``(2) an internal process for appealing the termination.''.

Olympic Sports Revitalization Act - Amends the Ted Stevens Olympic and Amateur Sports Act to authorize the Secretary of Commerce to make grants to Former Members of Congress, a recognized District of Columbia corporation, to encourage participation by individuals under 18 years of age in the following Olympic sports: (1) women's gymnastics, fencing, field hockey, archery, badminton, team handball, synchronized swimming, and equestrian; (2) men's wrestling, tennis, gymnastics, rifle/shooting, fencing, outdoor track, swimming, skiing, ice hockey, water polo, and archery; and (3) any other Olympic sport determined by the Secretary of Education to be either an emerging sport or a sport the discontinuation of which by U.S. colleges and universities has resulted in a net decrease in the number of colleges and university teams in such sport nationwide.Amends the Higher Education Amendments of 1992 to authorize the Secretary to provide funds to the United States Olympic Committee or the national governing body of the sport concerned for distribution to institutions of higher education for disbursement to students who: (1) participate intercollegiately in such an Olympic sport named above; and (2) are full-time students.Amends the Higher Education Act of 1965 to: (1) require the reporting of Equity in Athletic Disclosure Act data; and (2) require institutions discontinuing or reducing funding for an intercollegiate athletic sport to notify participants and provide an internal process for the appeal of such decision.

A bill to provide for the revitalization of Olympic sports in the United States.

SECTION 1. FINDINGS. Congress finds the following: (1) On January 22, 2009, President Obama signed Executive Order 13492, requiring the detention facilities at the Guantanamo Bay Naval Base (Guantanamo) to be closed ``as soon as practicable'', but not later than one year from the date of the order. (2) A task force of United States Government agencies, including the Departments of Homeland Security, Defense, State, and Justice and the Central Intelligence Agency and the Federal Bureau of Investigation, has reportedly concluded that large numbers of the detainees held at the United States military facility at Guantanamo pose a severe and permanent threat United States national security and thus should be held indefinitely without trial under the laws of war. (3) Despite this conclusion by United States national security and intelligence agencies, the Obama Administration continues to plan for additional transfers of detainees to other countries. (4) According to a report by the Government Accountability Office, as of March 2009, the principal ``rehabilitation center'' in Saudi Arabia used to rehabilitate 250 former Guantanamo detainees in order to prevent such detainees from resuming their war on the United States had a recidivism rate of 20 percent. (5) In July 2007, a Department of Defense spokesman stated that, ``Our reports indicate that at least 30 former Guantanamo detainees have taken part in anti-coalition militant activities after leaving United States detention. Some have been killed in combat in Afghanistan and Pakistan.''. According to the Department of Defense, the recidivism rate of all former Guantanamo detainees was 14 percent in May 2009. (6) In some instances, countries and organizations have expressed strong reluctance to accept any or additional former Guantanamo detainees, citing security as their primary concern, such as: (A) Australia: ``Assessing those requests from a case-by-case basis, they had not met our stringent national security and immigration criteria and have been rejected.'', stated Julia Gillard, Acting Australian Prime Minister, on January 3, 2009. (B) Hungary: ``Hungary is likely to take one or two former detainees provided they get the green light from parliament after a national security check-up. . . . We are going to study each case, taking the safety of Hungary and of Hungarians as our first priority.'', announced Hungarian Foreign Ministry Spokeswoman Zsuzsanna Matrai on June 19, 2009. (C) Switzerland: On January 12, 2010, in a 15-10 vote, a Swiss Parliamentary Security Committee voted against accepting any more detainees from Guantanamo, citing ``heightened'' security concerns due to the Christmas Detroit bombing attempt. (D) European Parliament: ``Many of the detainees, for example, who went to Afghanistan after September 11, [2001,] have attended training camps for terrorists. And those who did so were no tourists wanting to admire the beauty of the country, but remain potential terrorists.'', stated Harthmuth Nassauer, a German member of the European Parliament, on February 4, 2009. SEC. 2. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT GUANTANAMO BAY NAVAL BASE. (a) In General.--Notwithstanding any other provision of law, no funds made available to any relevant executive branch agency may be used to encourage, facilitate, or otherwise effect the transfer or release of any individual currently detained at Guantanamo to the custody of the individual's country of origin or a third country unless the President makes the certification described in subsection (b). (b) Presidential Certification.--The certification described in this subsection is a written certification that the President submits to the appropriate congressional committees that contains each of the following with respect to an individual currently detained at Guantanamo or an individual covered by this section who is proposed to be transferred or released into the custody of another country: (1) A certification that the government of the country-- (A) exercises effective control over all of its territory; (B) does not allow any area of its territory to be used as a safe haven or sanctuary by terrorists or insurgent groups, including Al Qaeda; and (C) has effectively and verifiably tracked the movements and activities of all individuals who had been detained at Guantanamo who are transferred or released into its custody, including any individual who may have subsequently left the country, and has provided the United States Government with all relevant information relating thereto. (2) A certification that there is no confirmed case of any individual who had been detained at Guantanamo who reengaged in any actual or planned act of terrorism or threat to United States citizens or members of the United States Armed Forces subsequent to being transferred or released to such country. (c) Additional Prohibition.-- (1) In general.--Notwithstanding any other provision of law, no funds made available to the Department of State may be used to provide assistance to the government of a country to which an individual currently detained at Guantanamo is to be transferred or released for use by the security forces of such country unless the President makes the certification described in subsection (b). (2) Waiver.--The President may waive the prohibition of paragraph (1) if the President determines that-- (A) it is vital to the national security of the United States to do so; and (B) the government of the country has taken effective action to meet the requirements of subsection (b). SEC. 3. REPORT. (a) In General.--Accompanying each certification submitted pursuant to section 2(b), and every 90 days thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that describes-- (1) the ability and willingness of the government of the country to which an individual currently detained at Guantanamo is to be transferred or released to continuously track the movements and activities of all individuals who have been detained at Guantanamo who have been transferred or released to such country, including any such individuals who have subsequently left the country; (2) any activity by any individual who had been detained at Guantanamo who has been transferred or released to such country that has contributed to any actual or planned act of terrorism or threat to United States citizens or members of the United States Armed Forces subsequent to being transferred or released to such country; (3) the extent to which the government of the country has provided the information described in paragraphs (1) and (2) to United States Government authorities; and (4) the steps taken by the government of the country to comply with the requirements in this Act. (b) Form.--The report required by subsection (a) shall be submitted in an unclassified form, but may contain a classified annex. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Individual currently detained at guantanamo.--The term ``individual currently detained at Guantanamo'' has the meaning given the term under section 1(c) of Executive Order 13492. (3) Relevant executive branch agency.--The term ``relevant executive branch agency'' means-- (A) the Department of State; (B) the United States Agency for International Development; and (C) any other United States Government department, agency, instrumentality, or representative carrying out any provision of law that is classified under Budget Function 150 (International Affairs). (4) Sanctuary.--The term ``sanctuary'' has the meaning given the term in section 140(d)(5) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(5)).

Prohibits funds from being made available to any specified U.S. agency, instrumentality, or representative for the transfer or release any individual currently detained at Guantanamo Bay Naval Base to the custody of the individual's country of origin or a third country unless the President certifies to Congress that: (1) the government of the country controls all of its territory, does not allow its territory to be used as a safe haven by terrorists or insurgent groups, including Al Qaeda, and has effectively tracked the activities of all Guantanamo-detained individuals who are transferred into its custody; and (2) there is no confirmed case of any Guantanamo-detained individual who reengaged in any actual or planned act of terrorism against U.S. citizens or members of the U.S. Armed Forces. Prohibits, with a national security waiver, funds made available to the Department of State from being used for assistance to the government of a country to which an individual currently detained at Guantanamo is to be transferred or released for use by such country's security forces unless the President makes such certification.

To prohibit the use of funds to transfer or release an individual detained at Guantanamo Bay Naval Base to the custody of another country.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Checkpoint Optimization and Efficiency Act of 2016''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that airport checkpoint wait times should not take priority over the security of the Nation's aviation system. SEC. 3. ENHANCED STAFFING ALLOCATION MODEL. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall complete an assessment of the Administration's staffing allocation model to determine the necessary staffing positions at all airports in the United States at which the Administration operates passenger checkpoints. (b) Appropriate Staffing.--The staffing allocation model described in subsection (a) shall be based on necessary staffing levels to maintain minimal passenger wait times and maximum security effectiveness. (c) Additional Resources.--In assessing necessary staffing for minimal passenger wait times and maximum security effectiveness referred to in subsection (b), the Administrator of the Transportation Security Administration shall include the use of canine explosives detection teams and technology to assist screeners conducting security checks. (d) Transparency.--The Administrator of the Transportation Security Administration shall share with aviation security stakeholders the staffing allocation model described in subsection (a), as appropriate. (e) Exchange of Information.--The Administrator of the Transportation Security Administration shall require each Federal Security Director to engage on a regular basis with the appropriate aviation security stakeholders to exchange information regarding airport operations, including security operations. (f) GAO Review.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall review the staffing allocation model described in subsection (a) and report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the results of such review. SEC. 4. EFFECTIVE UTILIZATION OF STAFFING RESOURCES. (a) In General.--To the greatest extent practicable, the Administrator of the Transportation Security Administration shall direct that Transportation Security Officers with appropriate certifications and training are assigned to passenger and baggage security screening functions and that other Administration personnel who may not have certification and training to screen passengers or baggage are utilized for tasks not directly related to security screening, including restocking bins and providing instructions and support to passengers in security lines. (b) Assessment and Reassignment.--The Administrator of the Transportation Security Administration shall conduct an assessment of headquarters personnel and reassign appropriate personnel to assist with airport security screening activities on a permanent or temporary basis, as appropriate. SEC. 5. TSA STAFFING AND RESOURCE ALLOCATION. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall take the following actions: (1) Utilize the Administration's Behavior Detection Officers for passenger and baggage security screening, including the verification of traveler documents, particularly at designated PreCheck lanes to ensure that such lanes are operational for use and maximum efficiency. (2) Make every practicable effort to grant additional flexibility and authority to Federal Security Directors in matters related to checkpoint and checked baggage staffing allocation and employee overtime in furtherance of maintaining minimal passenger wait times and maximum security effectiveness. (3) Disseminate to aviation security stakeholders and appropriate Administration personnel a list of checkpoint optimization best practices. (4) Expand efforts to increase the public's participation in the Administration's PreCheck program, including deploying Administration-approved ready-to-market private sector solutions and offering secure online and mobile enrollment opportunities. (5) Request the Aviation Security Advisory Committee (established pursuant to section 44946 of title 49, United States Code) provide recommendations on best practices for checkpoint security operations optimization. (b) Staffing Advisory Coordination.--Not later than 30 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall-- (1) direct each Federal Security Director to coordinate local representatives of aviation security stakeholders to establish a staffing advisory working group at each airport at which the Administration oversees or performs passenger security screening to provide recommendations to the Administrator on Transportation Security Officer staffing numbers, for such airport; and (2) certify to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that such staffing advisory working groups have been established. (c) Reporting.--Not later than 60 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall-- (1) report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding how the Administration's Passenger Screening Canine assets may be deployed and utilized for maximum efficiency to mitigate risk and optimize checkpoint operations; and (2) report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the Administration's Credential Authentication Technology Assessment program and how deployment of such program might optimize checkpoint operations. SEC. 6. AVIATION SECURITY STAKEHOLDERS DEFINED. For purposes of this Act, the term ``aviation security stakeholders'' shall mean, at a minimum, air carriers, airport operators, and labor organizations representing Transportation Security Officers or, where applicable, contract screeners. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act may be construed as authorizing or directing the Administrator of the Transportation Security Administration to prioritize reducing wait times over security effectiveness. Passed the House of Representatives June 7, 2016. Attest: KAREN L. HAAS, Clerk.

Checkpoint Optimization and Efficiency Act (Sec. 2) This bill expresses the sense of Congress that airport checkpoint wait times should not take priority over the security of the nation's aviation system. (Sec. 3) The Transportation Security Administration (TSA) of the Department of Homeland Security shall begin and complete, within 30 days after enactment of this bill, an assessment of its staffing allocation model to determine the necessary staffing positions, including use of canine explosives detection teams and technology, at all U.S. airports at which the TSA operates passenger checkpoints. The staffing allocation model shall be based on staffing levels necessary to maintain minimal passenger wait times and maximum security effectiveness. The TSA shall require each Federal Security Director to engage regularly with appropriate aviation security stakeholders to exchange information regarding airport and security operations. The Government Accountability Office shall review the assessment. (Sec. 4) The TSA shall also: require Transportation Security Officers with appropriate certifications and training to be assigned to passenger and baggage security screening functions; use other TSA personnel who may not have certification and training to screen passengers or baggage for tasks not directly related to security screening, including restocking bins and giving instructions and support to passengers in security lines; assess headquarters personnel; and reassign appropriate personnel to assist with airport security screening activities on a permanent or temporary basis. (Sec. 5) Within 30 days after enactment of this bill the TSA shall: utilize TSA Behavior Detection Officers for passenger and baggage security screening, including the verification of traveler documents, particularly at designated PreCheck lanes to ensure that they are operational for use and maximum efficiency; make every practicable effort to grant additional flexibility and authority to Federal Security Directors in matters related to checkpoint and checked baggage staffing allocation and employee overtime in furtherance of maintaining minimal passenger wait times and maximum security effectiveness; disseminate to aviation security stakeholders and appropriate TSA personnel a list of checkpoint optimization best practices; expand efforts to increase the public's participation in the TSA PreCheck program; and request the Aviation Security Advisory Committee to make recommendations on best practices for checkpoint operations optimization. By the same 30-day deadline the TSA shall direct each Federal Security Director to coordinate local representatives of aviation security stakeholders to establish a staffing advisory working group at each airport at which the TSA oversees or performs passenger security screening to give recommendations to TSA on Transportation Security Officer staffing numbers. (Sec. 6) The bill defines the term "aviation security stakeholders" to mean air carriers, airport operators, and labor organizations representing Transportation Security Officers or contract screeners.

Checkpoint Optimization and Efficiency Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Governments Regulatory Improvement and Innovation Act of 1993''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) better determine the cost and other impacts of regulation on small governments; (2) encourage the use of more flexible regulatory approaches that lessen compliance burdens on small governments; and (3) test innovative methods of regulation. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``small government'' means a small governmental jurisdiction as defined under section 601(5) of title 5, United States Code; (2) the term ``agency'' means any agency as defined under section 551(1) of title 5, United States Code; (3) the term ``Director'' means the Director of the Office of Management and Budget; (4) the term ``Council'' means the Council on Small Governments established under section 8; (5) the term ``small entity'' means a small entity as defined under section 601(6) of title 5, United States Code; and (6) the term ``Administrator'' means the Administrator of the Small Business Administration. SEC. 4. AGENCY RESPONSIBILITIES. (a) Guidelines.--The head of each agency shall, after opportunity for public comment, issue guidelines consistent with section 6(b) of this Act to ensure implementation of chapter 6 of title 5, United States Code, by the agency. (b) Plans.--The head of each agency shall develop a plan to inform, educate, and advise small entities on compliance with any rule that has a significant impact on small entities. Such plan shall be published in the Federal Register in the notice of proposed rulemaking and the final rulemaking notice for any such rule, and shall include a listing of-- (1) local and regional workshops for the purpose of providing and receiving information about the impact of the rule; (2) written guidance and other applicable publications and their availability; and (3) relevant Federal, State, and local technical assistance programs. (c) Reports.--The head of each agency shall report annually to the Administrator and to the Director on the agency's implementation of this Act and compliance with the provisions of chapter 6 of title 5, United States Code. SEC. 5. SMALL GOVERNMENT COORDINATORS. (a) Establishment.--There is established in each agency the position of Small Government Coordinator who shall report directly to the head of the agency. The Small Government Coordinator shall-- (1) communicate the small government perspective on agency rules and policies during the development of such rules and policies; (2) oversee and report to the agency head on agency efforts to comply with chapter 6 of title 5, United States Code, as such chapter applies to small governmental jurisdictions, including-- (A) participation in the development of agency guidelines for the full implementation of chapter 6 of title 5, United States Code, as such chapter applies to small governmental jurisdictions; and (B) the development of alternative regulatory proposals that accomplish the stated objectives of applicable statutes and which minimize the impact of regulations on small governments by working with-- (i) agency regulatory policy personnel; (ii) national organizations representing small governments; (iii) local elected officials; (iv) public policy experts; (v) the Administrator; (vi) the Director; and (vii) the Council; (3) advising the agency head on establishing electronic or other means of information collection to gather data on small governments; (4) advising the agency head and the Director on the development and implementation of the pilot program established under section 6; and (5) providing technical assistance to small governments on compliance with agency regulations. (b) Personnel.--To the greatest extent practicable, the head of each agency shall designate existing personnel to perform the duties described under this section. (c) Waiver.--(1) The head of an agency may waive the requirements of this section if such agency head-- (A) in consultation with the Council and in concurrence with the Director, certifies that the agency does not issue a significant number of rules affecting small governments; and (B) publishes such certification in the Federal Register. (2) Such waiver shall be reviewed annually and such certification shall be made annually, if appropriate. SEC. 6. REGULATORY COORDINATION. (a) Office of Information and Regulatory Affairs.--The Director shall delegate responsibility for the implementation of all duties of the Director under this Act to the Administrator of the Office of Information and Regulatory Affairs. (b) Guidelines.--The Director, in consultation with the Administrator of Small Business, shall issue guidelines to agencies on the identification of rules having a significant impact on small entities. In issuing the guidelines, the Director shall consider-- (1) the number of small entities that may be impacted by a rule; (2) the economic cost or benefit to small entities from compliance with a rule; (3) the effect a rule may have on regional economies; and (4) the reporting and paperwork requirements imposed on small entities by a rule. (c) Compliance.--The Director, to the extent permitted by law and in consultation with the Administrator, shall be responsible for monitoring and coordinating agency compliance with the requirements of this Act. SEC. 7. REGULATORY FLEXIBILITY PILOT PROGRAM. (a) Establishment.--The Director, in consultation with agencies and the Council, shall establish pilot programs in at least 2 agencies to test innovative, and more flexible regulatory approaches that-- (1) reduce reporting and compliance burdens on small entities; and (2) meet overall statutory goals and objectives. (b) Program Contents.--The pilot programs shall focus on rules in effect or proposed rules, or a combination thereof, that have a significant impact on small entities, with equal emphasis given to rules that impact small governments, small business, and small organizations. SEC. 8. THE SMALL GOVERNMENTS ADVISORY COUNCIL. (a) Establishment.--(1) There is established a Small Governments Advisory Council composed of 9 representatives from small governments appointed by the President, of whom no more than 5 shall be from any one political party. (2) No later than 6 months after the date of enactment of this Act, the President shall make the original appointments to the Council. (b) Membership.--No less than 6 members of the Council shall be acting small governmental officials. Members of the Council shall-- (1) have an extensive understanding of and experience with the operations of small governments; and (2) represent a balance with respect to the regions, the sizes of small governments, and the occupations represented on the Council. (c) Duties.--The duties of the Small Governments Advisory Council shall be to-- (1) serve as a focal point for the receipt of comments concerning the regulatory policies and activities of agencies that affect small governments; (2) advise the Small Government Coordinators as to the performance of their duties under section 5; (3)(A) develop proposals for changes in the regulatory policies and activities of any agency which shall carry out the purposes of this Act; and (B) communicate such proposals to the Director and appropriate agencies; (4)(A) monitor the costs and other burdens of Federal regulation on small governments, including the cumulative effect of such regulation; and (B) make legislative and nonlegislative proposals for eliminating excessive or unnecessary regulatory burdens placed on small governments; (5) advise the Director on the implementation of section 6 as such section relates to small governments; and (6) report annually to the Administrator and the Director on the actions of the Council under this Act, including-- (A) a summary of all proposals offered under subsection (c)(3); (B) a detailed assessment, prepared in consultation with the Small Government Coordinators established under section 5, of the costs and other burdens of government regulation on small governments, including the cumulative effects of such regulation; and (C) an assessment of the effectiveness of the pilot programs established under section 7. (d) Chairman.--The Council shall elect a chairman and meet at the call of the chairman but no less often than every 6 months. (e) Meetings.--The Director shall meet with the Council on a regular basis, but no less often than every 6 months. (f) Federal Advisory Committee Act.--The Council shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as necessary to carry out the provisions of this section. SEC. 9. ASSISTANCE OF GOVERNMENT AGENCIES. Consistent with applicable law, each department, agency, and instrumentality of the Federal Government shall furnish to the Council such reports and other information as the Council determines necessary to carry out its duties under this Act. SEC. 10. TECHNICAL AMENDMENTS. Chapter 6 of title 5, United States Code, is amended-- (1) in section 601(5) by inserting ``Indian tribes,'' after ``school districts,''; (2) in section 602(b) by inserting ``the Director of the Office of Management and Budget and'' after ``transmitted to''; and (3) in section 605(b)-- (A) in the first sentence by striking out ``sections 603 and 604 of this title'' and inserting in lieu thereof ``sections 603(c) and 604 of this title''; and (B) in the second sentence-- (i) by striking out ``or at the time of publication of the final rule''; and (ii) by inserting ``the Director of the Office of Management and Budget and'' after ``such certification and statement to''.

Small Governments Regulatory Improvement and Innovation Act of 1993 - Requires agency heads to: (1) issue guidelines to ensure agency implementation of regulatory function analysis requirements under current Federal law; and (2) develop a plan to inform, educate, and advise small entities on compliance with any rule with a significant impact on them. Establishes in each agency the position of Small Government Coordinator to: (1) communicate the small government perspective on agency rules and policies during their development; (2) oversee and report to the agency head on agency efforts to comply with regulatory function analysis requirements as they apply to small governmental jurisdictions; (3) advise the agency head on establishing electronic or other means of information collection to gather data on small governments; (4) advise the agency head and the OMB Director on the development and implementation of the pilot program established pursuant to such requirements; and (5) provide technical assistance to small governments on compliance with agency regulations. Requires the OMB Director to: (1) delegate responsibility for the implementation of all his or her duties under this Act to the Administrator of the Office of Information and Regulatory Affairs; (2) issue agency guidelines on the identification of rules having a significant impact on small entities; (3) monitor agency compliance with this Act; and (4) establish pilot programs to test innovative, more flexible approaches to reduce burdens on small entities while meeting overall statutory goals and objectives. Establishes a Small Governments Advisory Council to perform various specified duties, including developing proposals for : (1) changes in the regulatory policies and activities of any agency which carries out the purposes of this Act; and (2) eliminating excessive or unnecessary regulatory burdens placed on small governments. Authorizes appropriations. Amends Federal law to include Indian tribes within the purview of regulatory function analysis requirements.

Small Governments Regulatory Improvement and Innovation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Obstetric Fistula Prevention, Treatment, Hope, and Dignity Restoration Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Every minute, one woman dies from pregnancy-related complications. Of these deaths, 99 percent occur in the developing world and 95 percent occur in Africa and Asia. (2) For every woman who dies from pregnancy-related complications, an estimated 20 women survive but experience pregnancy-related disabilities. One of the most severe is obstetric fistula, which occurs when a woman who needs trained medical assistance for a safe delivery, usually a cesarean section, cannot get it. (3) Obstetric fistula is a hole that is formed between the bladder and the vagina, or the rectum and the vagina (or both), after a woman suffers from prolonged obstructed labor. In the struggle to pass through the birth canal, the fetus puts constant pressure, sometimes for several days, on the bladder and vaginal or rectal walls, destroying the tissue that then sloughs off, resulting in the abnormal opening. (4) In the majority of obstetric fistula cases, the baby will be stillborn and the mother will experience physical pain as well as social and emotional trauma from living with incontinence as well as the loss of her child. (5) The physical symptoms of obstetric fistula include incontinence or constant uncontrollable leaking of urine or feces, frequent bladder infections, infertility, and foul odor. (6) Although data on obstetric fistula are scarce, the World Health Organization (WHO) estimates there are more than 2,000,000 women living with fistula and 50,000 to 100,000 new cases each year. (7) According to the United States State Department, ``The combination of pregnancy at an early age, chronic maternal malnutrition, and a lack of skilled care at delivery can all contribute to the development of obstetric fistula and permanent incontinence.''. (8) Obstetric fistula was once common throughout the world, but over the last century was eliminated in Europe, North America, and other developed regions through improved access to medical interventions, particularly emergency obstetric care for those women who need it. (9) The social consequences for women living with obstetric fistula include isolation, divorce or abandonment, ridicule and shame, inability to start a family, illness, risk of violence, and lack of opportunity. (10) Obstetric fistula is preventable through medical interventions such as skilled attendance present during labor and childbirth, providing access to family planning, and emergency obstetric care for women who develop childbirth complications as well as social interventions such as delaying early marriage and educating and empowering young women. (11) Obstetric fistula can also be surgically treated. Surgery requires a specially trained surgeon and support staff, and access to an operating theater and to attentive postoperative care. When performed by a skilled surgeon, success rates can be as high as 90 percent and cost an estimated $300. (12) According to the Department of State, ``Because of their roles in child rearing, providing and seeking care, and managing water and nutrition, the ability of women to access health-related knowledge and services is fundamental to the health of their babies, older children and other family members. Over the long-term, the health of women enhances their productivity and social and economic participation and also acts as a positive multiplier, benefitting social and economic development through the health of future generations.''. (13) In 2002, the United Nations Population Fund (UNFPA) and EngenderHealth embarked on the first ever assessments in nine African countries to determine the need for and access to services to address obstetric fistula. In 2003, UNFPA and partners launched a global campaign to identify and address obstetric fistula in an effort to develop a means to treat those women who are suffering and provide the necessary health services to prevent further cases. The campaign is currently active in more than 45 countries in Africa, Asia, and the Arab States region through support for fistula surgery, training of doctors and nurses, equipping hospitals, and undertaking community outreach to prevent further cases, and supporting provision of rehabilitative care for women after treatment so they can return to full and productive lives. (14) The global Campaign to End Fistula works with national counterparts, including ministries of health, other pertinent ministries, United Nations agencies, international and national nongovernmental organizations, civil society organizations, and fistula providers, in support of national processes and fistula programmatic efforts. A key focus is national fistula capacity strengthening. (15) In 2004, USAID provided funding through the ACQUIRE Project managed by EngenderHealth to support services in two countries, Bangladesh and Uganda. In 2007, USAID provided a five-year cooperative agreement to EngenderHealth for the Fistula Care project. USAID currently supports fistula treatment services in 34 sites in 11 countries and addresses prevention in those sites and 25 more. The ceiling for the Fistula Care project is $70,000,000. (16) One of the key global health principles of the United States Global Health Initiative is to strengthen and leverage key multilateral organizations, global health partnerships, and private sector engagement. The United States has committed to join multilateral efforts involving the United Nations and others to make progress toward achieving Millennium Development Goals 4, 5, and 6. (17) By 2014, the United States through its Global Health Initiative has committed to several targets that will reduce the incidence of fistula, including through efforts to reduce maternal mortality by 30 percent; prevent 54,000,000 unintended pregnancies by reaching a modern contraceptive prevalence rate of 35 percent; and reducing to 20 percent the number of first births by women under 18 across assisted countries. SEC. 3. PREVENTION AND TREATMENT OF OBSTETRIC FISTULA. (a) Authorization.--The President is authorized, in accordance with this section and section 4, to provide assistance, including through international organizations, national governments, and international and local nongovernmental organizations, to-- (1) address the social and health issues that lead to obstetric fistula; and (2) support treatment of obstetric fistula. (b) Activities.--Assistance provided pursuant to subsection (a) shall focus on-- (1) increasing prevention through access to sexual and reproductive health services, including skilled attendance at birth, comprehensive emergency obstetric care, prenatal and antenatal care, and contraception (family planning); (2) building local capacity and improving national health systems to prevent and treat obstetric fistula within the context of navigating pregnancy in good health overall; (3) supporting tools to enable countries to address fistula, including supporting qualitative research, development of sustainable financing mechanisms, training of skilled birth attendants, promoting ``south-to-south'' training, and provision of basic obstetric care at the community level; (4) addressing underlying social and economic inequities, including empowering women and girls, reducing incidence of child marriage, delaying childbirth, and increasing access to formal and non-formal education; and (5) supporting reintegration and training programs to help women who have undergone treatment return to full and productive lives. SEC. 4. COORDINATION, REPORTING, RESEARCH, MONITORING, AND EVALUATION. (a) In General.--Assistance authorized under this Act shall-- (1) promote the coordination facilitated by the International Obstetric Fistula Working Group, which coordinates between and among donors, multilateral institutions, the private sector, nongovernmental and civil society organizations, and governments in order to support comprehensive prevention and treatment of obstetric fistula; and (2) be used for the development and implementation of evidence-based programs, including monitoring, evaluation, and research to measure the effectiveness and efficiency of such programs throughout their planning and implementation phases. (b) Reporting.--Not later than December 31, 2011, and annually thereafter, the President shall transmit to Congress a report on activities undertaken pursuant to this Act during the preceding fiscal year to reduce the incidence of and increase treatment for obstetric fistula, and how such activities fit into existing national action plans to prevent and treat obstetric fistula.

Obstetric Fistula Prevention, Treatment, Hope, and Dignity Restoration Act of 2010 - Authorizes the President to provide assistance, including through international organizations, national governments, and international and local nongovernmental organizations, to: (1) address the social and health issues that lead to obstetric fistula; and (2) support treatment of obstetric fistula. Provides that such assistance shall promote the coordination facilitated by the International Obstetric Fistula Working Group.

To authorize assistance to aid in the prevention and treatment of obstetric fistula in foreign countries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Putting Drug Free Families First Act of 2011''. SEC. 2. DRUG TESTING PROGRAM FOR APPLICANTS FOR AND RECIPIENTS OF ASSISTANCE UNDER STATE TANF PROGRAMS. (a) Requirement That Applicants and Individuals Receiving Assistance Be Tested for Illegal Drug Use.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) Requirement for drug testing; denial of assistance for individuals found to have used an illegal drug.-- ``(A) In general.--A State to which a grant is made under section 403 may not use any part of the grant to provide assistance under the State program funded under this part to an individual unless the individual is tested for the use of the drugs listed in subparagraph (B)(i)-- ``(i) if the individual has applied for such assistance and the application has not been approved, before the receipt of such assistance; and ``(ii) in any other case, before the end of the 3-month period that begins on the date of the enactment of this paragraph. ``(B) Drugs to be included in testing.-- ``(i) In general.--In conducting drug testing pursuant to subparagraph (A), the State shall test for each of the following: ``(I) Marijuana. ``(II) Cocaine. ``(III) Opiates. ``(IV) Amphetamines. ``(V) Methamphetamine. ``(VI) Phencyclidine. ``(VII) Heroin. ``(VIII) Lysergic acid diethylamide. ``(IX) 3,4-methylenedioxy amphetamine. ``(ii) Exception for prescription use of drugs.--A positive test for a drug listed in clause (i) shall be disregarded for purposes of this paragraph if such drug was used pursuant to a valid prescription or as otherwise authorized by law. ``(C) Denial of assistance for individuals who test positive for an illegal drug.-- ``(i) In general.--Except as provided in subparagraph (D), if an individual tests positive pursuant to subparagraph (A) for the use of any drug listed in subparagraph (B)(i), the State may not provide assistance under the State program funded under this part to such individual unless-- ``(I) a 1-year (or, if the individual has so tested positive for the 2nd time, 3-year) period has elapsed since the results of the test were determined; and ``(II) the individual tests negative for the use of each drug listed in subparagraph (B)(i) at the end of such period. ``(ii) Permanent ineligibility after third positive test result.--If an individual tests positive pursuant to subparagraph (A) for the third time for the use of any drug listed in subparagraph (B)(i), the State shall treat such individual as permanently ineligible for assistance under the State program funded under this part. ``(D) Rehabilitation exception after first positive test result.--In the case of an individual who tests positive pursuant to subparagraph (A) for the first time for the use of any drug listed in subparagraph (B)(i), the period for which assistance may not be provided to an individual by reason of subparagraph (C)(i) shall be 180 days if the State determines that the individual-- ``(i) has successfully completed a drug rehabilitation or treatment program for the drug for which the individual tested positive; and ``(ii) tests negative for the use of such drug at the end of such 180-day period. ``(E) Payment of costs.--The State shall require each individual who applies for assistance under the State program funded under this part to pay the portion of the cost of the drug testing pursuant to subparagraph (A) that pertains to such individual. If such individual tests negative for the use of each drug listed in subparagraph (B)(i) and the State provides assistance under the State program funded under this part to the individual, the State shall increase the first payment of such assistance in an amount equal to the amount paid by the individual under this subparagraph for the drug testing. ``(F) Designee for child beneficiary.--In the case of a parent of a minor child, if such parent tests positive pursuant to subparagraph (A) for the use of any drug listed in subparagraph (B)(i), the State shall designate an individual other than such parent to receive payments for assistance under the State program funded under this part on behalf of the minor child. The State may not so designate an individual unless the individual has been tested for the use of each drug listed in subparagraph (B)(i) and did not test positive. ``(G) Definition of drug rehabilitation or treatment program.--In this paragraph, the term `drug rehabilitation or treatment program' means a program that-- ``(i) has been determined by the State to provide rehabilitation or treatment for the use of an illegal drug; and ``(ii) complies with all applicable Federal, State, and local laws and regulations.''. (b) Penalty for Failure To Implement Illegal Drug Use Testing Program.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by adding at the end the following: ``(16) Penalty for failure to implement illegal drug use testing program.--If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(12) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 10 percent of the State family assistance grant.''. (c) Effective Date.--The amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins on or after the date that is 1 year after the date of the enactment of this Act.

Putting Drug Free Families First Act of 2011 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require states to test applicants for and recipients of assistance under state TANF programs for illegal drug use. Prohibits a state from providing TANF assistance to individuals who test positive for an illegal drug. Prescribes an administrative penalty for failure to implement illegal drug use testing.

To amend part A of title IV of the Social Security Act to require States to implement a drug testing program for applicants for and recipients of assistance under the Temporary Assistance for Needy Families program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Doctors' Bill of Rights Act of 1999''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress should focus more resources on and work with physicians and providers to combat fraud in the medicare program. Although the Federal government has reduced improper fee-for-service payments from 14 percent (or $23 billion) from fiscal year 1996 to 7.1 percent (or $12.6 billion) in fiscal year 1998, Congress must work hard to continue this trend. (2) The overwhelming majority of physicians in the United States are law-abiding citizens who provide important services and care to patients each day. (3) Congress greatly appreciates the important role physicians play in providing high-quality health care to our nation's senior citizens under the medicare program. (4) Due to the overly complex nature of medicare regulations and the risk of being the subject of an aggressive government investigation, many physicians are leaving the medicare program. (5) The Health Care Financing Administration (HCFA), and especially carriers administering the medicare program, should focus more attention on educational approaches to reducing billing error rates. (6) Keeping track of the morass of medicare regulations detracts from the time that physicians have to treat patients. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Fiscal intermediary.--The term ``fiscal intermediary'' means a fiscal intermediary (as defined in section 1816(a) of the Social Security Act (42 U.S.C. 1395h(a))) with an agreement under section 1816 of such Act to administer benefits under part A or part B of such title. (3) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) HCFA.--The term ``HCFA'' means the Health Care Financing Administration. (6) Medicare program.--The term ``medicare program'' means the program under title XVIII of the Social Security Act. (7) Medicare integrity program.--The term ``medicare integrity program'' means the program under section 1893 of the Social Security Act (42 U.S.C. 1395ddd). SEC. 3. EDUCATION. (a) Use of Funds.-- (1) Carriers.--Each carrier shall devote at least 3 percent of the funds provided to it under the medicare program each year (beginning with 2000) toward education of physicians to ensure that information about the operation of the medicare program is properly disseminated. (2) Fiscal intermediaries.--Each fiscal intermediary shall devote at least 3 percent of the funds provided it under the medicare program (beginning with 2000) toward education of physicians to ensure that information about the operation of the medicare program is properly disseminated. (3) Medicare integrity program.--The Secretary shall ensure that 10 percent of the funds expended under the medicare integrity program each year (beginning with 2000) are used for education of physicians to ensure that information about the operation of the medicare program is properly disseminated. (4) Purpose.--The purpose of funding under this subsection is to ensure that physicians learn of new changes to medicare laws and regulations in a timely manner. (5) Construction.--Education attendance lists may not be used as evidence of possible wrongdoings by physicians under the medicare program and may not lead to fraud investigations under that program. (b) Right to Information.--Physicians have the right to timely and accurate information about changes and modifications to local carrier guidelines under the medicare program. Each physician who so desires have the right to receive this information by electronic or certified mail (in addition to check stuffers, monthly carrier bulletins, the annual ``Dear Doctor'' letter, individual letters, seminars, and other means). (c) Additional Educational Outreach.--The Secretary shall initiate additional educational outreach for physicians for medicare coverage areas that have the most frequent billing errors. Such outreach shall include issue-specific e-mails, faxes, mailings, and telephone calls. If, within 9 months after the date that the additional outreach is initiated, a carrier finds that no evidence exists that physician billing errors under the medicare program have lessened, then the carrier shall complete an in-person visit to relevant physician offices. (d) Right to Telephone Conversation.--A physician may request a telephone conversation or in-person visit with a carrier, without being suspected of fraud, regarding questions about billing practices under the medicare program. SEC. 4. INFORMATION. (a) Straight Answers.--Carriers shall do their utmost to provide physicians with one, straight and correct answer regarding billing questions under the medicare program. (b) Written Requests.-- (1) In general.--The Secretary shall establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program and then the carrier shall respond in writing within 30 business days respond with the correct billing or procedural answer. (2) Use of written statement.-- (A) In general.--Subject to subparagraph (B), a written statement under paragraph (1) may be used as proof against a future audit or overpayment under the medicare program. (B) Limit on application.--Subparagraph (A) shall not apply retroactively and shall not apply to cases of fraudulent billing. (c) Restoration of Toll-Free Hotline.-- (1) In general.--HCFA shall restore the toll-free telephone hotline so that physicians may call for information and questions about the medicare program. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1). (d) Right to Review of Claims.-- (1) Right to submit.--Physicians have the right to submit claims (but not to exceed 15 claims in any year) under the medicare program that have already been acted upon to the carrier for review and analysis by the carrier. (2) Right to repay without penalty.--In the case of such a claim, if the carrier determines that the physician-- (A) was overpaid, the physician has the opportunity to repay the claim without penalty; or (B) was underpaid, the carrier shall make the appropriate payment adjustment. (3) Not targeted.--Regardless of what the determination may be in the case of such a claim, a physician's submission of such a claim for further review and analysis shall not subject the physician to being targeted for fraud, unless there is a documented history of fraud or abuse on the part of the physician. SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES. (a) In General.--HCFA may not implement any new evaluation and management guidelines (in this section referred to as ``E&M guidelines'') under the medicare program, unless HCFA-- (1) has provided for an assessment of the proposed guidelines by physicians; (2) has established a plan that contains specific goals, including a schedule, for improving participation of physicians; (3) has carried out a minimum of 4 pilot projects consistent with subsection (b) in at least 4 different HCFA regions (to be specified by the Secretary) to test such guidelines; and (4) finds that the objectives described in subsection (c) will be met in the implementation of such guidelines. (b) Pilot Projects.-- (1) Length and consultation.--Each pilot project under this subsection shall-- (A) be of sufficient length to allow for preparatory physician and carrier education, analysis, and use and assessment of potential E&M guidelines; and (B) be conducted, throughout the planning and operational stages of the project, in consultation with national and State medical societies. (2) Peer review and rural pilot projects.--Of the pilot projects conducted under this subsection-- (A) at least one shall focus on a peer review method by physicians which evaluates medical record information for statistical outlier services relative to definitions and guidelines published in the CPT book, instead of an approach using the review of randomly selected medical records using non-clinical personnel; and (B) at least one shall be conducted for services furnished in a rural area. (3) Study of impact.--Each pilot project shall examine the effect of the E&M guidelines on-- (A) different types of physician practices, such as large and small groups; and (B) the costs of compliance, and patient and physician satisfaction. (4) Report on how met objectives.--HCFA shall submit a report to the Committees on Commerce and Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Practicing Physicians Advisory Council, six months after the conclusion of the pilot projects. Such report shall include the extent to which the pilot projects met the objectives specified in subsection (c). (c) Objectives for E&M Guidelines.--The objectives for E&M guidelines specified in this subsection are as follows (relative to the E&M guidelines and review policies in effect as of the date of the enactment of this Act): (1) Enhancing clinically relevant documentation needed to accurately code and assess coding levels accurately. (2) Reducing administrative burdens. (3) Decreasing the level of non-clinically pertinent and burdensome documentation time and content in the record. (4) Increased accuracy by carrier reviewers. (5) Education of both physicians and reviewers. (6) Appropriate use of E&M codes by physicians and their staffs. (7) The extent to which the tested E&M documentation guidelines substantially adhere to the CPT coding rules. SEC. 5. OVERPAYMENTS. (a) Individualized Notice.--If a carrier proceeds with a post- payment audit of a physician under the medicare program, the carrier shall provide the physician with an individualized notice of billing problems, such as a personal visit or carrier-to-physician telephone conversation during normal working hours, within 3 months of initiating such audit. The notice should include suggestions to the physician on how the billing problem may be remedied. (b) Repayment of Overpayments Without Penalty.--The Secretary shall permit physicians to repay medicare overpayments within 3 months without penalty or interest and without threat of denial of other claims based upon extrapolation. If a physician should discover an overpayment before a carrier notifies the physician of the error, the physician may reimburse the medicare program without penalty and the Secretary may not audit or target the physician on the basis of such repayment, unless other evidence of fraudulent billing exists. (c) Treatment of First-Time Billing Errors.--If a physician's medicare billing error was a first-time error and the physician has not previously been the subject of a post-payment audit, the carrier may not assess a fine through extrapolation of such an error to other claims, unless the physician has submitted a fraudulent claim. (d) Timely Notice of Problem Claims Before Using Extrapolation.--A carrier may seek reimbursement or penalties against a physician based on extrapolation of a medicare claim only if the carrier has informed the physician of potential problems with the claim within one year after the date the claim was submitted for reimbursement. (e) Submission of Additional Information.--A physician may submit additional information and documentation to dispute a carrier's charges of overpayment without waiving the physician's right to a hearing by an administrative law judge. (f) Limitation on Delay in Payment.--Following a post-payment audit, a carrier that is conducting a pre-payment screen on a physician service under the medicare program may not delay reimbursements for more than one month and as soon as the physician submits a corrected claim, the carrier shall eliminate application of such a pre-payment screen. SEC. 6. ENFORCEMENT PROVISIONS. If a physician is suspected of fraud or wrongdoing in the medicare program, inspectors associated with the Office of Inspector General of the Department of Health and Human Services-- (1) may not enter the physician's private office with a gun or deadly weapon to make an arrest; and (2) may not make such an arrest without a valid warrant of arrest, unless the physician is fleeing or deemed dangerous.

Prohibits HCFA from implementing any new evaluation and management (E&M) guidelines under Medicare unless it has: (1) provided for an assessment of the proposed guidelines by physicians; (2) established a plan that contains specific goals for improving participation of physicians; (3) carried out a minimum of four described pilot projects in at least four different HCFA regions to test such guidelines; and (4) found that specified objectives for E&M guidelines will be met in the implementation of such guidelines. Requires each pilot project to study the effect of E&M guidelines on physician practices and patient and physician satisfaction.

Doctors' Bill of Rights Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Farmworkers and Federal Health Coverage Act of 2001''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the National Commission on Farmworkers and Federal Health Coverage (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. (a) In General.--The Commission shall examine problems experienced by farmworkers (including their families) under medicaid and SCHIP. Specifically, the Commission shall examine the following: (1) Barriers to enrollment.--Barriers to their enrollment, including a lack of outreach and outstationed eligibility workers, complicated applications and eligibility determination procedures, and linguistic and cultural barriers. (2) Lack of portability.--The lack of portability of medicaid and SCHIP coverage for farmworkers who are determined eligible in one State but who move to other States on a seasonal or other periodic basis. (3) Possible solutions.--The development of possible solutions to increase enrollment and access to benefits for farmworkers, because, in part, of the problems identified in paragraphs (1) and (2), and the associated costs of each of the possible solution described in subsection (b). (b) Possible Solutions.--Possible solutions to be examined shall include each of the following: (1) Interstate compacts.--The use of interstate compacts among States that establish portability and reciprocity for eligibility for farmworkers under the medicaid and SCHIP and potential financial incentives for States to enter into such compacts. (2) Demonstration projects.--The use of multi-state demonstration waiver projects under section 1115 of the Social Security Act (42 U.S.C. 1315) to develop comprehensive migrant coverage demonstration projects. (3) Use of current law flexibility.--Use of current law medicaid and SCHIP State plan provisions relating to coverage of residents and out-of-State coverage. (4) National migrant family coverage.--The development of programs of national migrant family coverage in which States could participate. (5) Public-private partnerships.--The provision of incentives for development of public-private partnerships to develop private coverage alternatives for farmworkers. (6) Other possible solutions.--Such other solutions as the Commission deems appropriate. (c) Definitions.--For purposes of this Act: (1) Farmworker.--The term ``farmworker'' means a migratory agricultural worker or seasonal agricultural worker, as such terms are defined in section 330(g)(3) of the Public Health Service Act (42 U.S.C. 254c(g)(3)), and includes a family member of such a worker. (2) Medicaid.--The term ``medicaid'' means the program under title XIX of the Social Security Act. (3) SCHIP.--The term ``SCHIP'' means the State children's health insurance program under title XXI of the Social Security Act. (4) Secretary.--The term ``Secretary'' means Secretary of Health and Human Services. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed by the Secretary of Health and Human Services from among the following: (1) Farmworkers affected by the lack of portability of coverage under the medicaid program or the State children's health insurance program (under titles XIX and XXI of the Social Security Act). (2) Representatives with expertise in providing health care to farmworkers, including designees of national and local organizations representing migrant health centers and other providers. (3) Researchers with expertise in health care financing. (4) Representatives of foundations and other nonprofit entities that have conducted or supported research on farmworker health care financial issues. (5) Representatives of Federal agencies which are involved in the provision or financing of health care to farmworkers, including the Health Care Financing Administration and the Health Research and Services Administration. (6) Representatives of State governments. (7) Representatives from the farm and agricultural industries. (8) Designees of labor organizations representing farmworkers. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Chairperson.--The Chairperson of the Commission shall be designated by the Secretary of Health and Human Services at the time of the appointment of members. (d) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Compensation and Expenses.-- (1) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission, except that, to the extent or in the amounts provided in advance in appropriation Acts, farmworker members described in subsection (a)(1) shall be entitled to receive reasonable compensation for lost wages for days (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. In no case shall such reasonable compensation exceed the daily equivalent of the annual rate of basic pay for grade GS-15 of the General Schedule. (2) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a Director who shall be appointed by the Commission. To the extent or in the amounts provided in advance in appropriation Acts, the Commission shall establish the rate of pay for the Director, which shall not exceed the rate of basic pay for GS-15 of the General Schedule. (b) Staff.--With the approval of the Commission, the Director may appoint and fix the pay of such additional personnel as the Director considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay for level GS-15 of the General Schedule. (d) Experts and Consultants.--With the approval of the Commission, Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Chairperson. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. REPORT. Not later than 18 months after the date of the enactment of this Act, the Commission shall transmit a report to the President, the Secretary of Health and Human Services, and the Congress on the study conducted under this Act. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as the Commission considers appropriate. SEC. 8. TERMINATION. The Commission shall terminate 30 days after the date of submission of the report under section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

National Commission on Farmworkers and Federal Health Coverage Act of 2001 - Establishes the National Commission on Farmworkers and Federal Health Coverage to examine the following problems experienced by farmworkers and their families under titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act: (1) barriers to their enrollment under Medicaid and SCHIP; and (2) lack of portability of Medicaid and SCHIP coverage for farmworkers determined eligible in one State who move to other States on a periodic basis. Requires the Commission to examine development of possible solutions to increase enrollment and access to benefits for farmworkers, because, in part, of such problems, and the associated costs of possible solutions. Specifies possible solutions to be examined.

To establish a National Commission on Farmworkers and Federal Health Coverage to study the problems of farmworkers under the Medicaid Program and the State children's health insurance program (SCHIP).

SECTION 1. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. Part B of title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 317F the following section: ``prevention of traumatic brain injury ``Sec. 317G. The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may carry out projects to reduce the incidence of traumatic brain injury. Such projects may be carried out by the Secretary directly or through awards of grants or contracts to public or nonprofit private entities. The Secretary may directly or through such awards provide technical assistance with respect to the planning, development, and operation of such projects. ``(b) Certain Activities.--Activities under subsection (a) may include-- ``(1) the conduct of research into identifying effective strategies for the prevention of traumatic brain injury; and ``(2) the implementation of public information and education programs for the prevention of such injury and for broadening the awareness of the public concerning the public health consequences of such injury. ``(c) Coordination of Activities.--The Secretary shall ensure that activities under this section are coordinated as appropriate with other agencies of the Public Health Service that carry out activities regarding traumatic brain injury. ``(d) Definition.--For purposes of this section, the term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary.''. SEC. 2. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH. Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) is amended-- (1) in subsection (d)-- (A) in paragraph (2), by striking ``and'' after the semicolon at the end; (B) in paragraph (3), by striking the period and inserting ``; and''; and (C) by adding at the end the following paragraph: ``(4) the authority to make awards of grants or contracts to public or nonprofit private entities for the conduct of basic and applied research regarding traumatic brain injury, which research may include-- ``(A) the development of new methods and modalities for the more effective diagnosis, measurement of degree of injury, post-injury monitoring and prognostic assessment of head injury for acute, subacute and later phases of care; ``(B) the development, modification and evaluation of therapies that retard, prevent or reverse brain damage after acute head injury, that arrest further deterioration following injury and that provide the restitution of function for individuals with long-term injuries; ``(C) the development of research on a continuum of care from acute care through rehabilitation, designed, to the extent practicable, to integrate rehabilitation and long-term outcome evaluation with acute care research; and ``(D) the development of programs that increase the participation of academic centers of excellence in head injury treatment and rehabilitation research and training.''; and (2) in subsection (h), by adding at the end the following paragraph: ``(4) The term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary.''. SEC. 3. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. Part E of title XII of the Public Health Service Act (42 U.S.C. 300d-51 et seq.) is amended by adding at the end the following section: ``SEC. 1252. STATE GRANTS FOR DEMONSTRATION PROJECTS REGARDING TRAUMATIC BRAIN INJURY. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to States for the purpose of carrying out demonstration projects to improve access to health and other services regarding traumatic brain injury. ``(b) State Advisory Board.-- ``(1) In general.--The Secretary may make a grant under subsection (a) only if the State involved agrees to establish an advisory board within the appropriate health department of the State or within another department as designated by the chief executive officer of the State. ``(2) Functions.--An advisory board established under paragraph (1) shall advise and make recommendations to the State on ways to improve services coordination regarding traumatic brain injury. Such advisory boards shall encourage citizen participation through the establishment of public hearings and other types of community outreach programs. ``(3) Composition.--An advisory board established under paragraph (1) shall be composed of-- ``(A) representatives of-- ``(i) the corresponding State agencies involved; ``(ii) public and nonprofit private health related organizations; ``(iii) other disability advisory or planning groups within the State; ``(iv) members of an organization or foundation representing traumatic brain injury survivors in that State; and ``(v) injury control programs at the State or local level if such programs exist; and ``(B) a substantial number of individuals who are survivors of traumatic brain injury, or the family members of such individuals. ``(c) Matching Funds.-- ``(1) In general.--With respect to the costs to be incurred by a State in carrying out the purpose described in subsection (a), the Secretary may make a grant under such subsection only if the State agrees to make available, in cash, non-Federal contributions toward such costs in an amount that is not less than $1 for each $2 of Federal funds provided under the grant. ``(2) Determination of amount contributed.--In determining the amount of non-Federal contributions in cash that a State has provided pursuant to paragraph (1), the Secretary may not include any amounts provided to the State by the Federal Government. ``(d) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(e) Coordination of Activities.--The Secretary shall ensure that activities under this section are coordinated as appropriate with other agencies of the Public Health Service that carry out activities regarding traumatic brain injury. ``(f) Report.--Not later than 2 years after the date of the enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the findings and results of the programs established under this section, including measures of outcomes and consumer and surrogate satisfaction. ``(g) Definition.--For purposes of this section, the term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 1995 through 1997.''. SEC. 4. STUDY; CONSENSUS CONFERENCE. (a) Study.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the appropriate agencies of the Public Health Service, shall conduct a study for the purpose of carrying out the following with respect to traumatic brain injury: (A) In collaboration with appropriate State and local health-related agencies-- (i) determine the incidence and prevalence of traumatic brain injury; and (ii) develop a uniform reporting system under which States report incidents of traumatic brain injury, if the Secretary determines that such a system is appropriate. (B) Identify common therapeutic interventions which are used for the rehabilitation of individuals with such injuries, and shall, subject to the availability of information, include an analysis of-- (i) the effectiveness of each such intervention in improving the functioning of individuals with brain injuries; (ii) the comparative effectiveness of interventions employed in the course of rehabilitation of individuals with brain injuries to achieve the same or similar clinical outcome; and (iii) the adequacy of existing measures of outcomes and knowledge of factors influencing differential outcomes. (C) Develop practice guidelines for the rehabilitation of traumatic brain injury at such time as appropriate scientific research becomes available. (2) Dates certain for reports.-- (A) Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the findings made as a result of carrying out paragraph (1)(A). (B) Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to the Committees specified in subparagraph (A) a report describing the findings made as a result of carrying out subparagraphs (B) and (C) of paragraph (1). (b) Consensus Conference.--The Secretary, acting through the Director of the National Center for Medical Rehabilitation Research within the National Institute for Child Health and Human Development, shall conduct a national consensus conference on managing traumatic brain injury and related rehabilitation concerns. (c) Definition.--For purposes of this section, the term ``traumatic brain injury'' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 1995 through 1997.

Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to carry out projects to reduce the incidence of traumatic brain injury through grants or contracts to public or nonprofit entities. Authorizes the following activities: (1) the conduct of research into identifying effective strategies for the prevention of traumatic brain injury; and (2) the implementation of public information and education programs for the prevention of such injury and for broadening the awareness of the public concerning the public health consequences of such injury. (Sec. 2) Requires the National Institutes of Health research program on trauma to include the authority to award grants or contracts to public or nonprofit entities for the conduct of basic and applied research regarding traumatic brain injury. (Sec. 3) Authorizes the Secretary to make grants to States for the purpose of carrying out demonstration projects to improve access to health and other services regarding traumatic brain injury. Permits the Secretary to make a grant only if the State agrees to establish an advisory board within the appropriate health department or another department of the State. Authorizes appropriations. (Sec. 4) Directs the Secretary to conduct: (1) a study concerning traumatic brain injuries; and (2) a national consensus conference on managing traumatic brain injury and related rehabilitation concerns. Authorizes appropriations.

A bill to amend the Public Health Service Act to provide for the conduct of expanded studies and the establishment of innovative programs with respect to traumatic brain injury, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Protection Act of 2006''. SEC. 2. PROTECTION OF DATA THROUGH SECURITY FREEZE. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B (relating to block resulting from identity theft) the following new section: ``Sec. 605C. Protection of data through security freeze ``(a) In General.-- ``(1) Emplacement.--A consumer may place a security freeze on the consumer report of the consumer by making a request to a consumer reporting agency in writing or by telephone. ``(2) Consumer disclosure.--If a consumer requests a security freeze, the consumer reporting agency shall disclose to the consumer the process of placing and removing the security freeze and explain to the consumer the potential consequences of the security freeze. ``(b) Effect of Security Freeze.-- ``(1) Release of information blocked.--If a security freeze is in place on a consumer report of a consumer, a consumer reporting agency may not release the consumer report or information from the consumer report to a third party without prior express authorization from the consumer. ``(2) Information provided to third parties.--Paragraph (2) shall not be construed as preventing a consumer reporting agency from advising a third party that a security freeze is in effect with respect to a consumer report of a consumer. ``(3) Treatment as incomplete application.--If a third party, in connection with an application for credit, requests access to a consumer report on which a security freeze is in place, the third party may treat the application as incomplete. ``(c) Removal; Temporary Suspension.-- ``(1) In general.--Except as provided in paragraph (4), a security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer may remove a security freeze on the consumer report of the consumer by making a request to a consumer reporting agency in writing or by telephone. ``(2) Conditions.--A consumer reporting agency may remove a security freeze placed on the consumer report of a consumer only-- ``(A) upon the consumer's request, pursuant to paragraph (1); or ``(B) if the agency determines that the consumer report of a consumer was frozen due to a material misrepresentation of fact by the consumer. ``(3) Notification to consumer.--If a consumer reporting agency intends to remove a freeze upon the consumer report of a consumer pursuant to paragraph (2)(B), the consumer reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer report. ``(4) Temporary suspension.--A consumer may have a security freeze on the consumer report of the consumer temporarily suspended by making a request to a consumer reporting agency in writing or by telephone and specifying beginning and ending dates for the period during which the security freeze is not to apply to the consumer report of the consumer. ``(d) Response Times; Notification of Other Entities.-- ``(1) In general.--A consumer reporting agency shall-- ``(A) place a security freeze on the consumer report of a consumer under subsection (a) not later than 5 business days after receiving a request from the consumer under subsection (a)(1); and ``(B) remove, or temporarily suspend, a security freeze within 3 business days after receiving a request for removal or temporary suspension from the consumer under subsection (c). ``(2) Notification of other covered entities.--If the consumer requests in writing or by telephone that other covered entities be notified of the request, the consumer reporting agency shall notify all other consumer reporting agencies described in section 603(p)(1) of the request within 3 days after placing, removing, or temporarily suspending a security freeze on the consumer report of the consumer under subsection (a), (c)(2)(A), or (c)(4), respectively. ``(3) Implementation by other covered entities.--A consumer reporting agency that is notified of a request under paragraph (2) to place, remove, or temporarily suspend a security freeze on a consumer report of a consumer shall place, remove, or temporarily suspend the security freeze on that consumer report within 3 business days after receiving the notification. ``(e) Confirmation.-- ``(1) In general.--Whenever a consumer reporting agency places, removes, or temporarily suspends a security freeze on the consumer report of a consumer at the request of that consumer under subsection (a) or (c), respectively, the consumer reporting agency shall send a written confirmation of such action to the consumer within 10 business days after placing, removing, or temporarily suspending the security freeze on the consumer report. ``(2) Exception.--This subsection shall not apply to the placement, removal, or temporary suspension of a security freeze by a consumer reporting agency because of a notification received under subsection (d)(2). ``(f) ID Required.--A consumer reporting agency may not place, remove, or temporarily suspend a security freeze on the consumer report of a consumer at the consumer's request unless the consumer provides proper identification (within the meaning of section 610(a)(1)) and the regulations prescribed under such subsection. ``(g) Exceptions.--This section shall not apply to the use of a consumer credit report by any of the following: ``(1) A person or entity, or a subsidiary, affiliate, or agent of that person or entity, or an assignee of a financial obligation owing by the consumer to that person or entity, or a prospective assignee of a financial obligation owing by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract, including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or negotiable instrument. ``(2) Any Federal, State or local agency, law enforcement agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena. ``(3) A child support agency or its agents or assigns acting pursuant to subtitle D of title IV of the Social Security Act or similar State law. ``(4) The Department of Health and Human Services, a similar State agency, or the agents or assigns of the Federal or State agency acting to investigate medicare or medicaid fraud. ``(5) The Internal Revenue Service or a State or municipal taxing authority, or a State department of motor vehicles, or any of the agents or assigns of these Federal, State, or municipal agencies acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of their other statutory responsibilities. ``(6) The use of consumer credit information for the purposes of prescreening as provided under this title. ``(7) Any person or entity administering a credit file monitoring subscription to which the consumer has subscribed. ``(8) Any person or entity for the purpose of providing a consumer with a copy of his or her credit report or credit score upon the consumer's request. ``(h) Fees.-- ``(1) In general.-- ``(A) Certain reasonable fees allowed.--Except as provided in paragraph (2), a consumer reporting agency may charge a reasonable fee, as determined by the Commission, for placing or temporarily suspending a security freeze on the consumer report of a consumer. ``(B) Factors to be considered.--In considering what is reasonable for the purpose of subparagraph (A), the Commission shall consider the prevailing fees permitted by State law immediately before the date of the enactment of the Identity Theft Protection Act of 2006. ``(C) Fee for removal of freeze prohibited.--No fee may be charged for removal of a security freeze. ``(2) ID theft victims.--A consumer reporting agency may not charge a fee for placing, removing, or temporarily suspending a security freeze on the consumer report of a consumer if-- ``(A) the consumer-- ``(i) is a victim of identity theft; and ``(ii) has filed a police report, investigative report, or complaint made to a police department with respect to the theft; or ``(B) the consumer is the recipient of a notice that a breach of data security has occurred with respect to information of the consumer that is required by law to be maintained securely and in confidence. ``(i) Limitation on Information Changes in Frozen Reports.-- ``(1) In general.--If a security freeze is in place on the consumer report of a consumer, a consumer reporting agency may not change any of the following official information in that consumer report without sending a written confirmation of the change to the consumer within 30 days after the change is made: ``(A) Name. ``(B) Date of birth. ``(C) Social Security number. ``(D) Address. ``(2) Confirmation.-- ``(A) In general.--Paragraph (1) shall not be construed as requiring written confirmation for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. ``(B) Old and new addresses.--In the case of an address change, the written confirmation shall be sent to both the new address and to the former address. ``(j) Certain Entity Exemptions.-- ``(1) Aggregators and other agencies.--The provisions of subsections (a) through (h) shall not apply to a consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the data base of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent data base of consumer information from which new consumer reports are produced. ``(2) Other exempted entities.--The following entities shall not be required to place a security freeze in a consumer report under this section: ``(A) A check services or fraud prevention services company, which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments. ``(B) A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar negative information regarding a consumer, to inquiring depository institutions or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring depository institution or other financial institution.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect at the end of the 6-month period beginning on the date of the enactment of this Act.

Identity Theft Protection Act of 2006 - Amends the Fair Credit Reporting Act to permit a consumer to request a consumer reporting agency to place a security freeze upon his consumer report. Prohibits a consumer reporting agency, if a security freeze is in place, from releasing a consumer report to a third party without prior express authorization from the consumer. Prescribes procedures for removal and temporary suspension of a security freeze. Requires a consumer reporting agency to notify the consumer in writing before removing the security freeze. Identifies specified entities, including governmental agencies, to which these prohibitions and requirements do not apply. Permits a consumer reporting agency to charge a reasonable fee for placing or temporarily suspending a security freeze on a consumer report. Prohibits a consumer reporting agency from charging a fee for placing, removing, or temporarily suspending a security freeze if a consumer: (1) has either filed a police report, or made a complaint to a police department concerning identity theft; or (2) has received notice that a breach of data security has occurred with respect to information required by law to be maintained securely and in confidence. Exempts specified entities from this Act, including certain aggregators and other agencies acting only as resellers of credit information which do not maintain a permanent data base of consumer information from which new consumer reports are produced.

To amend the Fair Credit Reporting Act to provide individuals the ability to control access to their credit reports, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Affordability Act''. SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS; COVERAGE OF PRIVATE PROGRAMS. (a) Exclusion.-- (1) In general.--Subparagraph (B) of section 529(c)(3) of the Internal Revenue Code of 1986 (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--If a distributee elects the application of this subparagraph for any taxable year-- ``(i) no amount shall be includible in gross income by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense, and ``(ii) the amount which (but for the election) would be includible in gross income by reason of any other distribution shall not be so includible in an amount which bears the same ratio to the amount which would be so includible as the amount of the qualified higher education expenses of the distributee bears to the amount of the distribution.'' (2) Additional tax on amounts not used for higher education expenses.--Section 529 of such Code is amended by adding at the end the following new subsection: ``(f) Additional Tax for Distributions Not Used for Educational Expenses.-- ``(1) In general.--The tax imposed by section 530(d)(4) shall apply to payments and distributions from qualified tuition programs in the same manner as such tax applies to education individual retirement accounts. ``(2) Excess contributions returned before due date of return.--Paragraph (1) shall not apply to the distribution to a contributor of any contribution paid during a taxable year to a qualified tuition program to the extent that such contribution exceeds the limitation in section 4973(e) if such distribution (and the net income with respect to such excess contribution) meets requirements comparable to the requirements of clauses (i) and (ii) of section 530(d)(4)(C).'' (3) Coordination with education credits.--Section 25A(e)(2) of such Code is amended by inserting ``529(c)(3)(B) or'' before ``530(d)(2)''. (4) Conforming amendment.--Paragraph (2) of section 26(b) of such Code is amended by redesignating subparagraphs (E) through (Q) as subparagraphs (F) through (R), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) section 529(f) (relating to additional tax on certain distributions from qualified tuition programs),''. (5) Effective date.--The amendments made by this subsection shall apply to distributions after December 31, 2000, for education furnished in academic periods beginning after such date. (b) Eligible Educational Institutions Permitted To Maintain Qualified Tuition Programs.-- (1) In general.--Paragraph (1) of section 529(b) of such Code (defining qualified State tuition program) is amended by inserting ``or by one or more eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (2) Private qualified tuition programs limited to benefit plans.--Clause (ii) of section 529(b)(1)(A) of such Code is amended by inserting ``in the case of a program established and maintained by a State or agency or instrumentality thereof,'' before ``may make''. (3) Conforming amendments.-- (A) Sections 72(e)(9), 135(c)(2)(C), 135(d)(1)(D), 529, 530(b)(2)(B), 4973(e), and 6693(a)(2)(C) of such Code are each amended by striking ``qualified State tuition'' each place it appears and inserting ``qualified tuition''. (B) The headings for sections 72(e)(9) and 135(c)(2)(C) of such Code are each amended by striking ``Qualified state tuition'' and inserting ``Qualified tuition''. (C) The headings for sections 529(b) and 530(b)(2)(B) of such Code are each amended by striking ``Qualified State Tuition'' and inserting ``Qualified Tuition''. (D) The heading for section 529 of such Code is amended by striking ``STATE''. (E) The item relating to section 529 in the table of sections for part VIII of subchapter F of chapter 1 of such Code is amended by striking ``State''. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2000. (c) Change of Qualified Tuition Program or of Designated Beneficiary.-- (1) In general.--Clause (i) of section 529(c)(3)(C) of such Code is amended by inserting ``to another qualified tuition program for the benefit of the designated beneficiary or'' after ``transferred''. (2) Inclusion of siblings as member of family.--Paragraph (2) of section 529(e) of such Code is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``; and'', and by adding at the end the following new subparagraph: ``(D) any sibling (whether by the whole or half blood) of the designated beneficiary.''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2000.

Higher Education Affordability Act - Amends the Internal Revenue Code to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses.Includes within the definition of "qualified State tuition program" programs maintained by eligible educational institutions.

To amend the Internal Revenue Code of 1986 to provide tax incentives for education.

SECTION 1. TEMPORARY INCREASE OF MEDICAID FMAP. (a) Permitting Maintenance of Fiscal Year 2007 FMAP for Last 2 Calendar Quarters of Fiscal Year 2008.--Subject to subsection (e), if the FMAP determined without regard to this section for a State for fiscal year 2008 is less than the FMAP as so determined for fiscal year 2007, the FMAP for the State for fiscal year 2007 shall be substituted for the State's FMAP for the third and fourth calendar quarters of fiscal year 2008, before the application of this section. (b) Permitting Maintenance of Fiscal Year 2008 FMAP for First 3 Quarters of Fiscal Year 2009.--Subject to subsection (e), if the FMAP determined without regard to this section for a State for fiscal year 2009 is less than the FMAP as so determined for fiscal year 2008, the FMAP for the State for fiscal year 2008 shall be substituted for the State's FMAP for the first, second, and third calendar quarters of fiscal year 2009, before the application of this section. (c) General 2.95 Percentage Points Increase for Last 2 Calendar Quarters of Fiscal Year 2008 and First 3 Calendar Quarters of Fiscal Year 2009.--Subject to subsections (e), (f), and (g), for each State for the third and fourth calendar quarters of fiscal year 2008 and for the first, second, and third calendar quarters of fiscal year 2009, the FMAP (taking into account the application of subsections (a) and (b)) shall be increased by 2.95 percentage points. (d) Increase in Cap on Medicaid Payments to Territories.--Subject to subsections (f) and (g), with respect to the third and fourth calendar quarters of fiscal year 2008 and the first, second, and third calendar quarters of fiscal year 2009, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 5.90 percent of such amounts. (e) Scope of Application.--The increases in the FMAP for a State under this section shall apply only for purposes of title XIX of the Social Security Act and shall not apply with respect to-- (1) disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r-4); (2) payments under title IV or XXI of such Act (42 U.S.C. 601 et seq. and 1397aa et seq.); or (3) any payments under XIX of such Act that are based on the enhanced FMAP described in section 2105(b) of such Act (42 U.S.C. 1397ee(b)). (f) State Eligibility.-- (1) In general.--Subject to paragraph (2), a State is eligible for an increase in its FMAP under subsection (c) or an increase in a cap amount under subsection (d) only if the eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) is no more restrictive than the eligibility under such plan (or waiver) as in effect on January 1, 2008. (2) State reinstatement of eligibility permitted.--A State that has restricted eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) after January 1, 2008, is eligible for an increase in its FMAP under subsection (c) or an increase in a cap amount under subsection (d) in the first calendar quarter (and subsequent calendar quarters) in which the State has reinstated eligibility that is no more restrictive than the eligibility under such plan (or waiver) as in effect on January 1, 2008. (3) Rule of construction.--Nothing in paragraph (1) or (2) shall be construed as affecting a State's flexibility with respect to benefits offered under the State medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)). (g) Requirement for Certain States.--In the case of a State that requires political subdivisions within the State to contribute toward the non-Federal share of expenditures under the State medicaid plan required under section 1902(a)(2) of the Social Security Act (42 U.S.C. 1396a(a)(2)), the State shall not require that such political subdivisions pay a greater percentage of the non-Federal share of such expenditures for the third and fourth calendar quarters of fiscal year 2008 and the first, second, and third calendar quarters of fiscal year 2009, than the percentage that would have been required by the State under such plan on March 31, 2008, prior to application of this section. (h) Definitions.--In this section: (1) FMAP.--The term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)). (2) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) Repeal.--Effective as of October 1, 2009, this section is repealed. SEC. 2. ADJUSTMENT IN COMPUTATION OF MEDICAID FMAP TO DISREGARD AN EXTRAORDINARY EMPLOYER PENSION CONTRIBUTION. (a) In General.--Only for purposes of computing the FMAP (as defined in subsection (e)) for a State for a fiscal year (beginning with fiscal year 2006) and applying the FMAP under title XIX of the Social Security Act, any significantly disproportionate employer pension or insurance fund contribution described in subsection (b) shall be disregarded in computing the per capita income of such State, but shall not be disregarded in computing the per capita income for the continental United States (and Alaska) and Hawaii. (b) Significantly Disproportionate Employer Pension and Insurance Fund Contribution.-- (1) In general.--For purposes of this section, a significantly disproportionate employer pension and insurance fund contribution described in this subsection with respect to a State is any identifiable employer contribution towards pension or other employee insurance funds that is estimated to accrue to residents of such State for a calendar year (beginning with calendar year 2003) if the increase in the amount so estimated exceeds 25 percent of the total increase in personal income in that State for the year involved. (2) Data to be used.--For estimating and adjusting a FMAP already calculated as of the date of the enactment of this Act for a State with a significantly disproportionate employer pension and insurance fund contribution, the Secretary of Health and Human Services shall use the personal income data set originally used in calculating such FMAP. (3) Special adjustment for negative growth.--If in any calendar year the total personal income growth in a State is negative, an employer pension and insurance fund contribution for the purposes of calculating the State's FMAP for a calendar year shall not exceed 125 percent of the amount of such contribution for the previous calendar year for the State. (c) Hold Harmless.--No State shall have its FMAP for a fiscal year reduced as a result of the application of this section. (d) Report.--Not later than May 15, 2008, the Secretary of Health and Human Services shall submit to Congress a report on the problems presented by the current treatment of pension and insurance fund contributions in the use of Bureau of Economic Affairs calculations for the FMAP and for Medicaid and on possible alternative methodologies to mitigate such problems. (e) FMAP Defined.--For purposes of this section, the term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396(d)).

Provides that, if the federal medical assistance percentage (FMAP) determined under title XIX (Medicaid) of the Social Security Act without regard to this Act for a state for FY2008 is less than the FMAP as so determined for FY2007, the FY2007 FMAP shall be substituted for the FMAP for the third and fourth calendar quarters of FY2008, before the application of this Act. Provides that, if the FMAP determined without regard to this Act for a state for FY2009 is less than the FMAP as so determined for FY2008, the FY2008 FMAP shall be substituted for the FMAP for the first, second, and third calendar quarters of FY2009, before the application of this Act. Provides that, for each eligible state for the third and fourth calendar quarters of FY2008, and for the first, second, and third calendar quarters of FY2009, the FMAP shall be increased by 2.95 percentage points. Provides for an increase in the cap on Medicaid payments to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Declares that, only for FMAP computation purposes, any significant disproportionate employer pension or insurance fund contribution shall be disregarded in computing the per capita income of a state, but not in computing the per capita income for the continental United States (and Alaska) and Hawaii.

To provide for a temporary increase of the Federal medical assistance percentage under the Medicaid Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compensating Losses to the Environment from Automobiles with Noxious Undisclosed Pollution Act of 2016'' or the ``CLEANUP Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Electric drive vehicle.--The term ``electric drive vehicle'' means a vehicle that-- (A)(i) is-- (I) a light-duty vehicle (as defined in section 86.1803-01 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) that draws motive power from a battery with a capacity of at least 4 kilowatt-hours; or (II) a heavy-duty vehicle (as defined in section 86.1803-01 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) with a gross vehicle weight rating-- (aa) greater than 8,500 pounds and less than 14,000 pounds that draws motive power from a battery with a capacity of at least 10 kilowatt-hours; (bb) greater than 14,000 pounds but less than 33,000 pounds that draws motive power from a battery with a capacity of at least 15 kilowatt-hours; or (cc) greater than 33,000 pounds that draws motive power from a battery with a capacity of at least 20 kilowatt-hours; and (ii) can be recharged from an external source of electricity for motive power; or (B) is a motor vehicle (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) that draws motive power from a fuel cell (as defined in section 803 of the Spark M. Matsunaga Hydrogen Act of 2005 (42 U.S.C. 16152)). (3) Eligible applicant.--The term ``eligible applicant'' means-- (A) a State; (B) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); (C) a unit of local government; or (D) a group composed of not fewer than 2-- (i) States; (ii) Indian tribes; or (iii) units of local government. (4) Qualified electric drive vehicle infrastructure.-- (A) In general.--The term ``qualified electric drive vehicle infrastructure'' means any equipment or service that-- (i) supports the electric refueling needs of electric drive vehicles; and (ii) serves smart grid functions (as defined in section 1306(d) the Energy Independence and Security Act of 2007 (42 U.S.C. 17386)) that optimize the integration of electric drive vehicles into the electric grid. (B) Inclusions.--The term ``qualified electric drive vehicle infrastructure'' includes any equipment or services described in subparagraph (A) that is located in a public or private location, including-- (i) a street parking location; (ii) a parking garage; (iii) a parking lot; (iv) a home; (v) a gas station; and (vi) a highway rest stop. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 3. AVERAGE FUEL ECONOMY CREDITS OBTAINED BY REASON OF VIOLATION OF LAW. (a) Denial of Credits.--Section 32903 of title 49, United States Code, is amended by adding at the end the following: ``(i) Denial of Credits Obtained by Reason of Violation of Law.--If the Secretary determines that a manufacturer has obtained credits under this section by reason of a practice that violates this title or title II of the Clean Air Act (42 U.S.C. 7521 et seq.), such credits shall not be available to the manufacturer.''. (b) Additional Civil Penalty.--Section 32912 of title 49, United States Code, is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (A), by striking ``of this section'' and inserting ``or for each credit to be used in calculating a civil penalty under subsection (f)''; and (B) in subparagraph (B), by inserting ``or each credit, as the case may be'' before the period at the end; and (2) by adding at the end the following: ``(f) Civil Penalty With Respect to Average Fuel Economy Credits Obtained by Reason of Violation of Law.--In addition to any other penalty under this title and except as provided under subsection (c), a manufacturer that obtains credits under section 32903 by reason of a practice that violates this title or title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is liable to the Government for a civil penalty in an amount equal to $5 multiplied by the number of such credits.''. SEC. 4. AIR QUALITY RESTORATION TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Air Quality Restoration Trust Fund'' (referred to in this section as the ``Trust Fund''), consisting of-- (1) such amounts as are deposited in the Trust Fund under subsection (b); and (2) any interest on, and proceeds from, any investment made under subsection (d). (b) Transfers.--The Secretary shall deposit in the Trust Fund an amount equal to all administrative and civil penalties or other payments paid to the Federal Government after the date of enactment of this Act in connection with any violation or alleged violation of title II of the Clean Air Act (42 U.S.C. 7521 et seq.). (c) Availability.--Amounts in the Trust Fund shall-- (1) be available for expenditure to the extent and in the amounts provided in advance by appropriation Acts solely for making expenditures under subsection (f); and (2) remain available until expended, without fiscal year limitation. (d) Investment.--Amounts in the Trust Fund shall be invested in accordance with section 9702 of title 31, United States Code. (e) Administration.--Not later than 180 days after the date of enactment of this Act, after providing notice and an opportunity for public comment, the Secretary, in consultation with the Administrator and the heads of any other relevant Federal agency, shall establish such procedures as the Secretary determines to be necessary to deposit amounts in, and expend amounts from, the Trust Fund pursuant to this section, including-- (1) procedures to assess whether a project carried out under subsection (f) achieves compliance with applicable requirements, including procedures by which the Secretary may determine whether an expenditure pursuant to the project achieves compliance; (2) auditing requirements to ensure that amounts in the Trust Fund are expended as intended; and (3) procedures for identification and allocation of funds available to the Secretary under other provisions of law that may be necessary to pay the administrative expenses directly attributable to the management of the Trust Fund. (f) Use of Funds.--Amounts from the Trust Fund shall be available solely for making grants to eligible applicants to support projects that-- (1) increase qualified electric drive vehicle infrastructure; (2) retrofit school buses or heavy-duty fleets to reduce air emissions significantly; (3) purchase hybrid or zero emissions school buses or heavy-duty vehicles; (4) purchase electric drive vehicles for municipal fleets; (5) provide public health grants to help track, treat, and reduce the number of air emissions-related illnesses, such as asthma, cardiovascular disease, and lung cancer; or (6) provide grants for projects to improve air quality in low-income communities.

Compensating Losses to the Environment from Automobiles with Noxious Undisclosed Pollution Act of 2016 or the CLEANUP Act This bill directs the Department of the Treasury to deny Corporate Average Fuel Economy (CAFE)credits to any automobile manufacturer that circumvents emission control requirements to obtain CAFE credits unlawfully. Manufacturers earn CAFE credits when the average fuel economy for a given annualfleet of vehicles exceeds the minimalrequiredCAFE standards. Additionally, the National Highway Traffic Safety Administration(NHTSA)is authorized to collect additional penalties from manufacturers that obtain CAFE credits unlawfully. The bill also establishes an Air Quality RestorationTrust Fund funded with deposits from penalties NHTSA collects from manufacturers under this bill. The fund must be used solely forproviding grants to support specific programs that restore and improve air quality.

CLEANUP Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Next Door Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) urban and inner city school districts have greater difficulty attracting and retaining qualified teachers than their suburban counterparts; and (2) the cost of property is higher in urban areas and inner cities that in suburban areas. SEC. 3. TEACHER NEXT DOOR PROGRAM. Section 204 of the National Housing Act (12 U.S.C. 1710) is amended by inserting after subsection (j) the following new subsection: ``(k) Disposition of Assets Under Teacher Next Door Program.-- ``(1) In general.--The Secretary may sell eligible properties (as such term is defined in paragraph (9)) at a discount to teachers, as provided under this subsection. In the case of eligible properties under paragraph (9)(B)(i), the provisions of subsection (h) shall apply to such properties, except to the extent specifically provided otherwise in this subsection. ``(2) Primary residence.--An eligible property may be sold pursuant to a discount under paragraph (3) only if the property is used, for not less than the 3-year period beginning upon such sale, as the primary residence of a teacher. The Secretary shall ensure compliance with this paragraph through inclusion of appropriate deed restrictions. ``(3) Discount.--If an eligible property is sold to a teacher for use in accordance with paragraph (2), the sale price shall be equal to 50 percent of the appraised value of the eligible property (as determined in accordance with the procedure under subsection (h)(6)(B)). In the case of an eligible property under paragraph (9)(B)(i) that is eligible for both a discount under this paragraph and a discount under subsection (h)(6), the discount under subsection (h)(6) shall not apply. ``(4) Sale methods.--The Secretary may sell an eligible property pursuant to a discount under this subsection-- ``(A) to a unit of general local government or nonprofit organization, for resale or transfer to a teacher; or ``(B) directly (or through a real estate broker) to a purchaser who is a teacher. ``(5) Resale.--In the case of any purchase by a unit of general local government or nonprofit organization of an eligible property sold at a discounted price under this subsection, the sale agreement shall-- ``(A) require the purchasing unit of general local government or nonprofit organization to provide the full benefit of the discount to the teacher obtaining the property; and ``(B) in the case of a purchase involving multiple properties, any of which is such an eligible property, designate the specific eligible property or properties to be subject to the requirements of paragraph (2). ``(6) Mortgage downpayment assistance.--If a teacher purchases an eligible property pursuant to a discounted sale price under this paragraph and finances such purchase through a mortgage insured under this title, notwithstanding any provision of section 203 the downpayment on such mortgage shall be $100. ``(7) Prevention of undue profit.--The Secretary shall issue regulations to prevent undue profit from the resale of eligible properties in violation of the requirement under paragraph (2). ``(8) Awareness program.--The Secretary shall provide for field offices of the Department to take appropriate actions necessary to inform elementary schools and secondary schools within the jurisdiction of the field office and the public of the program under this subsection and of the properties located within the jurisdiction of the field office that are available for purchase by teachers under this subsection. ``(9) Definitions.--For the purposes of this paragraph, the following definitions shall apply: ``(A) The terms `elementary school' and `secondary school' have the meaning given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). ``(B) The term `eligible property' means-- ``(i) an eligible asset described in subsection (h)(2)(A); or ``(ii) a property that is-- ``(I) designed as a dwelling for occupancy for 1 to 4 families; ``(II) was previously subject to a mortgage insured under the provisions of this Act; ``(III) is owned by the Secretary pursuant to the payment of insurance benefits under this Act; and ``(IV) is located in an area that is not a revitalization area designated under subsection (h)(3), but is an area that the Secretary determines is appropriate for participation in the program under this subsection because of a need for economic development, the incidence in transactions involving properties in such area of seller concessions (such as take-back financing), a high rate of property ownership by investor-owners, or such other factors as the Secretary considers appropriate. ``(C) The term `teacher' means an individual who is employed on a full-time basis as a teacher in an elementary or secondary school. ``(10) Effective date.--This subsection shall apply beginning on January 1, 2001.''. SEC. 4. REGULATIONS. Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement section 204(k) of the National Housing Act (12 U.S.C. 1710(k)), as added by the amendment made by section 3 of this Act.

Teacher Next Door Act - Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to sell Department of Housing and Urban Development-owned single family properties at a discount to eligible elementary and secondary school teachers for use as their residences. Provides for: (1) mortgage downpayment assistance; (2) direct and indirect sales; and (3) an information outreach program.

Teacher Next Door Act

SECTION 1. DESIGNATION OF WILDERNESS. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal lands in Box Elder County, Utah, which comprise approximately 23,021 acres, as generally depicted on a map entitled ``Pilot Range Wilderness'' and dated October 1, 2001, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System, and shall be known as the Pilot Range Wilderness. (b) Map and Description.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior (in this Act referred to as the ``Secretary'') shall file a map and legal description of the Pilot Range Wilderness with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Such map and description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such map and legal description. The map and legal description shall be on file and available for public inspection in the office of the Director of the Bureau of Land Management and the office of the State Director of the Bureau of Land Management in the State of Utah, Department of the Interior. SEC. 2. ADMINISTRATION OF PILOT RANGE WILDERNESS. (a) In General.--Subject to valid existing rights and this Act, the Pilot Range Wilderness shall be administered by the Secretary in accordance with the provisions of the Wilderness Act, except that any reference in such provisions to the effective date of the Wilderness Act (or any similar reference) shall be deemed to be a reference to the effective date of this Act. (b) Incorporation of Acquired Lands and Interests.--Any privately owned lands or interest in lands within or abutting the boundaries of the Pilot Range Wilderness that are acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the Pilot Range Wilderness. (c) State Fish and Wildlife.--As provided in section 4(d)(7) of the Wilderness Act, nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Utah with respect to wildlife and fish on the public lands located in that State. (d) Acquisition of Lands and Interests.--The Secretary may offer to acquire from nongovernmental entities lands and interest in lands located within or abutting the Pilot Range Wilderness. Such lands may be acquired at fair market value under this subsection by exchange, donation, or purchase from willing sellers. (e) Wildlife Management.--In furtherance of the purposes and principles of the Wilderness Act, management activities to maintain or restore fish and wildlife populations and the habitats to support such populations may be carried out within the Pilot Range Wilderness where consistent with relevant wilderness management plans, in accordance with appropriate policies and guidelines such as those set forth in appendix B of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the One Hundred First Congress (H. Rept. 101-405). (f) National Defense Lands.-- (1) Findings.--The Congress finds the following: (A) The testing and development of military weapons systems and the training of military forces are critical to ensuring the national security of the United States. (B) The Utah Test and Training Range and Dugway Proving Ground are unique and irreplaceable national assets at the core of the Department of Defense's test and training mission. (C) The Pilot Range Wilderness is located near lands withdrawn for military use and beneath special use airspace critical to the support of military test and training missions on the Utah Test and Training Range and Dugway Proving Ground. (D) Continued unrestricted access to the special use airspace and lands which comprise the Utah Test and Training Range and Dugway Proving Ground is a national security priority and is not incompatible with the protection and proper management of the natural, environmental, cultural, and other resources of the Federal lands designated as wilderness by this Act. (2) Overflights.-- (A) In general.--Nothing in this Act, the Wilderness Act, or other land management laws generally applicable to the Pilot Range Wilderness, shall restrict or preclude low-level overflights, low-level military overflights and operations of military aircraft, helicopters, unmanned aerial military overflights or military overflights and operations that can be seen or heard within those areas. There shall be no restrictions or preclusions to altitude or airspeed, noise level, supersonic flight, route of flight, time of flight, seasonal usage, or numbers of flights of any military aircraft, helicopters, unmanned aerial vehicles, missiles, aerospace vehicles, and other military weapons systems over the Pilot Range Wilderness. As used in this paragraph, the term ``low- level'' includes any flight down to and including 10 feet above ground level. (B) Modification in use.--Nothing in this Act, the Wilderness Act, or other land management laws generally applicable to the Pilot Range Wilderness, shall restrict or preclude the designation of new units of special use airspace, the expansion of existing units of special use airspace, or the use or establishment of military training routes over the Pilot Range Wilderness. (3) Memorandum of understanding.-- (A) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force and the Secretary shall enter into a formal memorandum of understanding to establish the procedures and guidelines for the use of the Pilot Range Wilderness, including the following: (i) Procedures and guidelines to ensure immediate access which may be necessary to respond to emergency situations, including the search, rescue, and recovery of personnel and the recovery and investigation of military aircraft or other weapons systems. (ii) Procedures and guidelines to determine the control, restriction, or prohibition of public access when necessary for purposes of national security or public safety. (iii) Procedures and guidelines to provide for the installation of temporary communications, instrumentation, or other equipment necessary for effective testing and training to meet military requirements. (B) Interim operations.--Military operations in the Dugway Proving Ground and in the Utah Test and Training Range shall not be limited or restricted in any way pending the completion of the memorandum of understanding required by subparagraph (A). (g) Livestock.--Within the Pilot Range Wilderness, the grazing of livestock, where established prior to the date of the enactment of this Act, shall be permitted to continue subject to such reasonable regulations, policies, and practices as the Secretary deems necessary, as long as such regulations, policies, and practices fully conform with and implement the intent of Congress regarding grazing in such areas as such intent is expressed in the Wilderness Act, section 101(f) of Public Law 101-628, and House Report 101-405, Appendix A. (h) Water Rights.--Nothing in this Act, the Wilderness Act, or any action taken pursuant thereto shall constitute an express or implied reservation of surface or groundwater by any person, including the United States. Nothing in this Act affects any valid existing water rights in existence before the date of the enactment of this Act, including any water rights held by the United States. If the United States determines that additional water resources are needed for the purposes of this Act, the United States shall work with or through any agency that is eligible to hold in-stream flow water rights to acquire such rights in accordance with the water laws of the State of Utah. SEC. 3. WILDERNESS RELEASE. Lands that are within the Pilot Range in Utah not designated as wilderness by this Act are no longer subject to the plan amendment process initiated by the Secretary and identified by the Federal Register Notice dated March 18, 1999, page 13499. SEC. 4. ADJACENT MANAGEMENT. The Congress does not intend for the designation of the Pilot Range Wilderness to lead to the creation of protective perimeters or buffer zones around any such wilderness. The fact that nonwilderness activities or uses can be seen or heard within the Pilot Range Wilderness shall not, of itself, preclude such activities or uses up to the boundary of that wilderness. SEC. 5. WITHDRAWAL. Subject to valid existing rights, the Federal lands within the Pilot Range Wilderness are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; and from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral materials, and all amendments thereto.

Designates specified Federal lands in Box Elder County, Utah, as wilderness (to be known as the Pilot Range Wilderness) and as components of the National Wilderness Preservation System.Requires any privately owned lands or interests within or abutting the Wilderness which are acquired by the United States to be added to and administered as part of such Wilderness. Authorizes such acquisition.Permits management activities to maintain or restore fish and wildlife populations and the habitats to support such populations to be carried out within the Wilderness.Directs the Secretary of the Air Force and the Secretary of the Interior to enter into a memorandum of understanding to establish the procedures and guidelines for the use of the Wilderness, including those for ensuring immediate access to respond to emergency situations (including the rescue of personnel and the recovery of military aircraft or other weapons systems), determining the control of public access when necessary for national security or public safety purposes, and providing for the installation of temporary communications, instrumentation, or other equipment necessary for testing and training to meet military requirements. Prohibits military operations in the Dugway Proving Ground and in the Utah Test and Training Range from being restricted pending the completion of such memorandum of understanding.Continues to permit livestock grazing, where established prior to enactment of this Act, within the Wilderness.Declares that lands that are within the Pilot Range not designated as wilderness by this Act are no longer subject to the plan amendment process initiated by the Secretary.Withdraws Federal lands within the Wilderness from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the U.S. mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing and mineral materials.

To designate certain lands in the Pilot Range in the State of Utah as wilderness, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Jobs Act of 2015''. SEC. 2. MODIFICATION OF RULES FOR TAX-EXEMPT ENTERPRISE ZONE FACILITY BONDS. (a) In General.--Clause (i) of section 1394(b)(3)(B) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``References'' and inserting the following: ``(I) In general.--Except as provided in subclause (II), references'', and (2) by adding at the end the following new subclause: ``(II) Special rule for employee residence test.--For purposes of subsection (b)(6) and (c)(5) of section 1397C, an employee shall be treated as a resident of an empowerment zone if such employee is a resident of an empowerment zone, an enterprise community, or a qualified low-income community within an applicable nominating jurisdiction.''. (b) Definitions.-- (1) Qualified low-income community.--Paragraph (3) of section 1394(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) Qualified low-income community.--For purposes of subparagraph (B)-- ``(i) In general.--The term `qualified low- income community' means any population census tract if-- ``(I) the poverty rate for such tract is at least 20 percent, or ``(II) the median family income for such tract does not exceed 80 percent of statewide median family income (or, in the case of a tract located within a metropolitan area, metropolitan area median family income if greater). Subclause (II) shall be applied using possessionwide median family income in the case of census tracts located within a possession of the United States. ``(ii) Targeted populations.--The Secretary shall prescribe regulations under which 1 or more targeted populations (within the meaning of section 103(20) of the Riegle Community Development and Regulatory Improvement Act of 1994) may be treated as a qualified low-income communities. ``(iii) Areas not within census tracts.--In the case of an area which is not tracted for population census tracts, the equivalent county divisions (as defined by the Bureau of the Census for purposes of defining poverty areas) shall be used for purposes of determining poverty rates and median family income. ``(iv) Modification of income requirement for census tracts within high migration rural counties.-- ``(I) In general.--In the case of a population census tract located within a high migration rural county, clause (i)(II) shall be applied to areas not located within a metropolitan area by substituting `85 percent' for `80 percent'. ``(II) High migration rural county.--For purposes of this clause, the term `high migration rural county' means any county which, during the 20- year period ending with the year in which the most recent census was conducted, has a net out-migration of inhabitants from the county of at least 10 percent of the population of the county at the beginning of such period.''. (2) Applicable nominating jurisdiction.--Subparagraph (D) of section 1394(b)(3) of such Code, as redesignated by paragraph (1), is amended by adding at the end the following new clause: ``(iii) Applicable nominating jurisdiction.--The term `applicable nominating jurisdiction' means, with respect to any empowerment zone or enterprise community, any local government that nominated such community for designation under section 1391.''. (c) Conforming Amendments.-- (1) Clause (iii) of section 1394(b)(3)(B) of such Code is amended by striking ``or an enterprise community'' and inserting ``, an enterprise community, or a qualified low- income community within an applicable nominating jurisdiction''. (2) Subparagraph (D) of section 1394(b)(3) of such Code, as redesignated by subsection (b)(1), is amended by striking ``Definitions'' and inserting ``Other definitions''. (d) Effective Date.--The amendments made by this section shall apply to bonds issued before, on, or after the date of the enactment of this Act and not redeemed before the date of the enactment of this Act. SEC. 3. EXTENSION OF EMPOWERMENT ZONE TAX INCENTIVES. (a) In General.--Clause (i) of section 1391(d)(1)(A), as amended by the Tax Increase Prevention Act of 2014, is amended by striking ``December 31, 2014'' and inserting ``December 31, 2016''. (b) Treatment of Certain Termination Dates Specified in Nominations.--In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary's designee) may provide. (c) Effective Dates.--The amendment made by subsection (a) shall apply to periods after December 31, 2014.

Empowering Jobs Act of 2015 Amends the Internal Revenue Code, with respect to tax-exempt enterprise zone facility bonds and empowerment zones, to: (1) include as employees of a qualified business entity employees who are residents of an empowerment zone, an enterprise community, or a qualified low-income community; and (2) extend the period of designation for empowerment zones through December 31, 2016 (thus extending the eligibility of such zones for certain tax benefits).

Empowering Jobs Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Illegal Garnishment Prevention Act''. SEC. 2. PROHIBITION ON USE OF FUNDS TO PROMOTE DIRECT DEPOSIT OF VETERANS AND SOCIAL SECURITY BENEFITS UNTIL ASSURANCE OF PROTECTION FROM ATTACHMENT OR GARNISHMENT. (a) Findings.--Congress makes the following findings: (1) Section 5301(a)(1) of title 38 of the United States Code provides that Veterans benefit payments ``shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.''. (2) Section 207 of the Social Security Act (42 U.S.C. 407) provides that Social Security benefits shall not ``be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.''. (3) Congress intended for Veterans and Social Security benefits to provide at least a minimum subsistence for our Nation's veterans, elderly, and disabled. (4) \\Social Security benefits are the only source of income for over 20 percent of Social Security recipients. (5) Many financial institutions are garnishing accounts on behalf of creditors in order to recover debt owed to them, and are assessing fees on bank accounts into which Veterans and Social Security benefits are electronically deposited. (6) Many recipients of these benefits are left temporarily destitute when financial institutions freeze access to their only source of income. (7) Despite the lack of protections for direct deposit recipients of Veterans and Social Security benefits, the Treasury is spending millions of dollars encouraging veterans, seniors, and other recipients of social security benefits to use direct deposit for receipt of their benefits. (b) Prohibition.--No funds appropriated or otherwise made available to the Secretary of the Treasury, the Secretary of Veterans Affairs, or the Commissioner of Social Security for fiscal year 2010 or any fiscal year thereafter may be used to promote or otherwise encourage recipients of old-age, survivors, or disability insurance benefits paid under title II of the Social Security Act, or veterans benefits provided under the laws administered by the Secretary of Veterans Affairs, to use direct deposit for payment of such benefits, or to otherwise promote the use of direct deposit for such benefits, until the Secretary of the Treasury promulgates rules establishing procedures to ensure that such benefits are protected from attachment and garnishment in accordance with the requirements of section 207 of the Social Security Act (42 U.S.C. 407), and at least 5 of the 7 members of the advisory committee established under subsection (c) concur in advising the Secretary of the Treasury that such procedures provide adequate safeguards. (c) Advisory Committee.-- (1) Establishment.--There is hereby established an Advisory Committee to be known as the ``Social Security Benefits Protection from Attachment or Garnishment Advisory Committee''. (2) Membership.--The Committee shall be comprised of 7 members comprised of, or appointed by the following: (A) The Secretary of the Treasury. (B) The Chair of the Committee on Ways and Means of the House of Representatives. (C) The Ranking Member of the Committee on Ways and Means of the House of Representatives. (D) The Chair of the Committee on Finance of the Senate. (E) The Ranking Member of the Committee on Finance of the Senate. (F) The Chair of the Special Committee on Aging of the Senate. (G) The Ranking Member of the Special Committee on Aging of the Senate. (3) Meetings.--The Secretary of the Treasury shall establish meetings of the Committee. (4) Duties.--The Committee shall review the procedures promulgated by the Secretary of the Treasury to carry out subsection (b) and, upon the concurrence of at least 5 members of the Committee, advise the Secretary of the Treasury as to the adequacy of such procedures with respect to protecting old- age, survivors, or disability insurance benefits paid under title II of the Social Security Act from attachment and garnishment. (5) FACA exemption.--The Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

Illegal Garnishment Prevention Act - Prohibits funds appropriated or otherwise made available to the Secretary of the Treasury, the Secretary of Veterans Affairs, or the Commissioner of Social Security for FY2010 or any fiscal year thereafter from being used to promote or otherwise encourage recipients of veterans benefits or benefits paid under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to use direct deposit for the payment of such benefits until: (1) the Secretary of the Treasury promulgates rules establishing procedures to ensure that such benefits are protected from attachment and garnishment; and (2) at least five of the seven members of the advisory committee established under this Act concur in advising the Secretary that such procedures provide adequate safeguards. Establishes a Social Security Benefits Protection from Attachment or Garnishment Advisory Committee.

To prohibit the use of funds to promote the direct deposit of Veterans and Social Security benefits until adequate safeguards are established to prevent the attachment and garnishment of such benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Coast Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Digital Coast is a model approach for effective Federal partnerships with State and local government, nongovernmental organizations, and the private sector. (2) Access to current, accurate, uniform, and standards- based geospatial information, tools, and training to characterize the United States coastal region is critical for public safety and for the environment, infrastructure, and economy of the United States. (3) More than half of all people of the United States (153,000,000) currently live on or near a coast and an additional 12,000,000 are expected in the next decade. (4) Coastal counties in the United States average 300 persons per square mile, compared with the national average of 98. (5) On a typical day, more than 1,540 permits for construction of single-family homes are issued in coastal counties, combined with other commercial, retail, and institutional construction to support this population. (6) Over half of the economic productivity of the United States is located within coastal regions. (7) Highly accurate, high-resolution remote sensing and other geospatial data play an increasingly important role in decisionmaking and management of the coastal zone and economy, including for-- (A) flood and coastal storm surge prediction; (B) hazard risk and vulnerability assessment; (C) emergency response and recovery planning; (D) community resilience to longer range coastal change; (E) local planning and permitting; (F) habitat and ecosystem health assessments; and (G) landscape change detection. SEC. 3. DEFINITIONS. In this Act: (1) Coastal region.--The term ``coastal region'' means the area of United States waters extending inland from the shoreline to include coastal watersheds and seaward to the territorial sea. (2) Coastal state.--The term ``coastal State'' has the meaning given the term ``coastal state'' in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). (3) Federal geographic data committee.--The term ``Federal Geographic Data Committee'' means the interagency committee that promotes the coordinated development, use, sharing, and dissemination of geospatial data on a national basis. (4) Remote sensing and other geospatial.--The term ``remote sensing and other geospatial'' means collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the Earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, LiDAR, and services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. SEC. 4. ESTABLISHMENT OF THE DIGITAL COAST. (a) Establishment.-- (1) In general.--The Secretary shall establish a program for the provision of an enabling platform that integrates geospatial data, decision-support tools, training, and best practices to address coastal management issues and needs. Under the program, the Secretary shall strive to enhance resilient communities, ecosystem values, and coastal economic growth and development by helping communities address their issues, needs, and challenges through cost-effective and participatory solutions. (2) Designation.--The program established under paragraph (1) shall be known as the ``Digital Coast'' (in this section referred to as the ``program''). (b) Program Requirements.--In carrying out the program, the Secretary shall ensure that the program provides data integration, tool development, training, documentation, dissemination, and archive by-- (1) making data and resulting integrated products developed under this section readily accessible via the Digital Coast Internet website of the National Oceanic and Atmospheric Administration, the GeoPlatform.gov and data.gov Internet websites, and such other information distribution technologies as the Secretary considers appropriate; (2) developing decision-support tools that use and display resulting integrated data and provide training on use of such tools; (3) documenting such data to Federal Geographic Data Committee standards; and (4) archiving all raw data acquired under this Act at the appropriate National Oceanic and Atmospheric Administration data center or such other Federal data center as the Secretary considers appropriate. (c) Coordination.--The Secretary shall coordinate the activities carried out under the program to optimize data collection, sharing and integration, and to minimize duplication by-- (1) consulting with coastal managers and decisionmakers concerning coastal issues, and sharing information and best practices, as the Secretary considers appropriate, with-- (A) coastal States; (B) local governments; and (C) representatives of academia, the private sector, and nongovernmental organizations; (2) consulting with other Federal agencies, including interagency committees, on relevant Federal activities, including activities carried out under the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.), and the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et seq.); (3) participating, pursuant to section 216 of the E- Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 note), in the establishment of such standards and common protocols as the Secretary considers necessary to assure the interoperability of remote sensing and other geospatial data with all users of such information within-- (A) the National Oceanic and Atmospheric Administration; (B) other Federal agencies; (C) State and local government; and (D) the private sector; and (4) coordinating with, seeking assistance and cooperation of, and providing liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order 12906 of April 14, 1994 (59 Fed. Reg. 17671), as amended by Executive Order 13286 of March 5, 2003 (68 Fed. Reg. 10619). (d) Filling Needs and Gaps.--In carrying out the program, the Secretary shall-- (1) maximize the use of remote sensing and other geospatial data collection activities conducted for other purposes and under other authorities; (2) focus on filling data needs and gaps for coastal management issues, including with respect to areas that, as of the date of the enactment of this Act, were underserved by coastal data and the areas of the Arctic that are under the jurisdiction of the United States; (3) pursuant to the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), support continue improvement in existing efforts to coordinate the acquisition and integration of key data sets needed for coastal management and other purposes, including-- (A) coastal elevation data; (B) land use and land cover data; (C) socioeconomic and human use data; (D) critical infrastructure data; (E) structures data; (F) living resources and habitat data; (G) cadastral data; and (H) aerial imagery; and (4) integrate the priority supporting data set forth under paragraph (3) with other available data for the benefit of the broadest measure of coastal resource management constituents and applications. (e) Financial Agreements and Contracts.-- (1) In general.--In carrying out the program, the Secretary-- (A) may enter into financial agreements to carry out the program, including-- (i) support to non-Federal entities that participate in implementing the program; (ii) grants, cooperative agreements, interagency agreements, contracts, or any other agreement on a reimbursable or non-reimbursable basis, with other Federal, tribal, State, and local governmental and nongovernmental entities; and (iii) registration fees in support of training, workshops, and conferences that advance the purposes of the program; and (B) shall enter into such contracts with private sector entities for such products and services as the Secretary determines may be necessary to collect, process, and provide remote sensing and other geospatial data and products for purposes of the program. (2) Survey and mapping.--Contracts entered into under paragraph (1)(B) shall be considered ``surveying and mapping'' services as such term is used in and as such contracts are awarded by the Secretary in accordance with the selection procedures in chapter 11 of title 40, United States Code. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out the program in each of fiscal years 2017 through 2021.

Digital Coast Act of 2016 This bill authorizes the National Oceanic and Atmospheric Administration's (NOAA) Office for Coastal Management to establish a Digital Coast program for the sharing of digital information to help coastal communities better prepare for storms, plan for long-term coastal resilience, and manage coastal resources. The program launches the next phase of development at NOAA for the use of coastal mapping. In order for coastal communities to effectively use coastal mapping to solve coastal problems there must be coordination and information sharing among federal, state, local, and private participants in each coastal area. NOAA's Office for Coastal Management should optimize the development and use of coastal mapping data by: integrating the data to make it readily accessible via the internet, developing visualization and predictive tools that makes the data easier to find and use, providing training on how to decipher and use the data to make accurate decisions, making sure the data meets federal standards, and archiving the data at the NOAA data center. In addition, the Digital Coast program requires NOAA's Office for Coastal Management to prioritize the collection of coastal mapping data in critical coastal areas, and support existing efforts to improve the acquisition of the key data sets necessary for coastal communities to effectively solve coastal problems.

Digital Coast Act of 2016

SECTION 1. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE ACTIVITIES. (a) General Congressional Oversight.--Section 501(a) of the National Security Act of 1947 (50 U.S.C. 413(a)) is amended by adding at the end the following new paragraph: ``(3) In carrying out paragraph (1), the President shall provide to the congressional intelligence committees all information necessary to assess the lawfulness, effectiveness, cost, benefit, intelligence gain, budgetary authority, and risk of an intelligence activity.''. (b) Reporting on Activities Other Than Covert Actions.--Section 502 of such Act (50 U.S.C. 413a) is amended by adding at the end the following new subsection: ``(d) Distribution of Information.-- ``(1) Request.--Information or material provided in accordance with subsection (a) shall be made available to each member of the congressional intelligence committees, unless the President requests that access to the information or material be limited after determining that limiting such access is essential to meet extraordinary circumstances affecting vital interests of the United States. A request under this paragraph and the extraordinary circumstances referred to in this paragraph shall be detailed in writing to the Chair and ranking minority member of the congressional intelligence committees. ``(2) Distribution.--If the President submits a request under paragraph (1), the Chair and ranking minority member of each congressional intelligence committee may jointly determine whether and how to limit access to the information or material within such committee. If the Chair and ranking minority member of such committee are unable to agree on whether or how to limit such access, access to the information or material shall be limited as requested by the President. Any information or material to which access is limited shall subsequently be made fully available to each member of the congressional intelligence committees at the earliest possible time and shall include a detailed statement of the reasons for not providing prior access.''. (c) Covert Actions.--Section 503 of the National Security Act of 1947 (50 U.S.C. 413b) is amended-- (1) in subsection (c)-- (A) by striking paragraph (2) and inserting the following new paragraph: ``(2)(A) A finding reported in accordance with paragraph (1) shall be made available to each member of the congressional intelligence committees, unless the President requests that access to the finding be limited after determining that limiting such access is essential to meet extraordinary circumstances affecting vital interests of the United States. A request under this subparagraph and the extraordinary circumstances referred to in this paragraph shall be detailed in writing to the Chair and ranking minority member of the congressional intelligence committees. ``(B) If the President submits a request under subparagraph (A), the Chair and ranking minority member of each congressional intelligence committee may jointly determine whether and how to limit access to the finding within such committee. If the Chair and ranking minority member of such committee are unable to agree on whether or how to limit such access, access to the finding shall be limited as requested by the President. A finding to which access is limited shall subsequently be made fully available to each member of the congressional intelligence committees at the earliest possible time and shall include a detailed statement of the reasons for not providing prior access.''; and (B) in paragraph (4), by striking the second sentence; and (2) in subsection (d)-- (A) by striking ``(d) The President'' and inserting ``(d)(1) The President''; (B) in paragraph (1), as designated by subparagraph (A) of this paragraph, by striking ``the Members of Congress specified in subsection (c)(2)'' and inserting ``the Members of Congress to which access to a finding is limited in accordance with subsection (c)(2)''; and (C) by adding at the end the following new paragraph: ``(2) For purposes of this subsection, an activity shall constitute a `significant undertaking' if the activity-- ``(A) involves the potential for loss of life; ``(B) requires an expansion of existing authorities, including authorities relating to research, development, or operations; ``(C) results in the expenditure of significant funds or other resources; ``(D) requires notification under section 504; ``(E) gives rise to a significant risk of disclosing intelligence sources or methods; or ``(F) could cause serious damage to the diplomatic relations of the United States if such activity were disclosed without authorization.''.

Amends the National Security Act of 1947 to direct the President to provide to the congressional intelligence committees all information necessary to assess the lawfulness, effectiveness, cost, benefit, intelligence gain, budgetary authority, and risk of an intelligence activity. Requires information or material concerning covert actions and actions other than covert actions to be made available to each member of such committees, unless the President requests in writing that access be limited to meet extraordinary circumstances affecting vital U.S. interests. Allows the chair and ranking member of each committee to jointly determine whether and how to limit such access. Requires information or material so limited to be made fully available to each committee member at the earliest possible time, and to include the reasons for not providing prior access.

To amend the National Security Act of 1947 to provide additional procedures for congressional oversight.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Living Organ Donor Protections Act''. SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) Living Organ Donation Protected by Limits on Preexisting Condition.--Section 701(b)(1)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(b)(1)(A)) is amended by inserting ``(including the living donation of an organ or a condition resulting from the donation of an organ by a living organ donor)'' after ``relating to a condition''. (b) Prohibition on Discrimination Based on Health Status.-- (1) Enrollment.--Section 702(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(1)) is amended by adding at the end the following: ``(I) Living organ donor status.''. (2) Premiums.--Section 702(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(b)) is amended by adding at the end the following: ``(3) No discrimination in group premiums based on organ donation.--For purposes of this section, a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, shall not adjust premium or contribution amounts for a group on the basis of the living organ donor status of an individual in the group or a family member of the individual.''. (c) Definition.--Section 733(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(d)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2), the following: ``(3) Living organ donor.--The term `living organ donor' means, with respect to coverage, any individual who donates all or part of an organ, as defined by section 374(d)(2) of the Public Health Service Act.''. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Living Organ Donation Protected by Limits on Preexisting Condition.--Section 2701(b)(1)(A) of the Public Health Service Act (42 U.S.C. 300gg(b)(1)(A)) is amended by inserting ``(including the living donation of an organ or a condition resulting from the donation of an organ by a living organ donor)'' after ``relating to a condition''. (b) Prohibition on Discrimination Based on Health Status.-- (1) Enrollment.--Section 2702(a)(1) of the Public Health Service Act (42 U.S.C. 300gg-1(a)(1)) is amended by adding at the end the following: ``(I) Living organ donor status.''. (2) Premiums.--Section 2702(b) of the Public Health Service Act (42 U.S.C. 300gg-1(b)) is amended by adding at the end the following: ``(3) No discrimination in group premiums based on organ donation.--For purposes of this section, a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, shall not adjust premium or contribution amounts for a group on the basis of the living organ donor status of an individual in the group or a family member of the individual.''. (c) Definition.--Section 2791(d) of the Public Health Service Act (42 U.S.C. 300gg-91(d)) is amended-- (1) by redesignating paragraphs (10) through (14) as paragraphs (11) through (15), respectively; and (2) by inserting after paragraph (9), the following: ``(10) Living organ donor.--The term `living organ donor' means, with respect to coverage, any individual who donates all or part of an organ, as defined by section 374(d)(2).''. SEC. 4. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986. (a) Living Organ Donation Protected by Limits on Preexisting Condition.--Section 9801(b)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(including the living donation of an organ or a condition resulting from the donation of an organ by a living organ donor)'' after ``relating to a condition''. (b) Prohibition on Discrimination Based on Health Status.-- (1) Enrollment.--Section 9802(a)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(I) Living organ donor status.''. (2) Premiums.--Section 9802(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(3) No discrimination in group premiums based on organ donation.--For purposes of this section, a group health plan shall not adjust premium or contribution amounts for a group on the basis of the living organ donor status of an individual in the group or a family member of the individual.''. (c) Definition.--Section 9832(d) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (2) by inserting after paragraph (2), the following: ``(3) Living organ donor.--The term `living organ donor' means, with respect to coverage, any individual who donates all or part of an organ, as defined by section 374(d)(2) of the Public Health Service Act.''. SEC. 5. REGULATIONS AND EFFECTIVE DATE. (a) Regulations.--The Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury shall promulgate regulations necessary to carry out the amendments made by this Act as such amendments apply to each such respective Secretary. (b) Effective Date.--The amendments made by this Act shall apply to group health plans and health insurance coverage with respect to plan years beginning on or after January 1, 2004.

Living Organ Donor Protections Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit health insurance discrimination in group premiums with respect to individuals who are living organ donors.

A bill to amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to provide health insurance protections for individuals who are living organ donors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Foreign Investment Review Act of 2017''. SEC. 2. AUTHORITY TO REVIEW TRANSACTIONS FOR ECONOMIC EFFECT ON THE UNITED STATES. (a) In General.--The Trade Act of 1974 (19 U.S.C. 2102 et seq.) is amended by adding at the end the following: ``TITLE X--AUTHORITY TO REVIEW TRANSACTIONS FOR ECONOMIC EFFECT ON THE UNITED STATES ``SEC. 1001. DEFINITIONS. ``In this title: ``(1) Control.--The term `control' means the power, whether direct or indirect and whether or not exercised, through the ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, representation on the board of directors of an entity, proxy voting on the board of directors of an entity, a special share in the entity, a contractual arrangement with the entity, a formal or informal arrangement to act in concert with an entity, or any other means, to determine, direct, make decisions, or cause decisions to be made, with respect to important matters affecting the entity. ``(2) Covered transaction.--The term `covered transaction' means any merger, acquisition, takeover, or investment, or the establishment of a new entity, by or with any person, that-- ``(A) is proposed or pending after the date of the enactment of the United States Foreign Investment Review Act of 2017; and ``(B) could result in foreign control of any person that-- ``(i) is engaged in interstate commerce in the United States; and ``(ii)(I) in the case of a transaction involving a state-owned enterprise, is valued at $50,000,000 or more; and ``(II) in the case of any other transaction, is valued at $1,000,000,000 or more. ``(3) Person.--The term `person' means an individual or entity. ``(4) Secretary.--The term `Secretary' means the Secretary of Commerce. ``(5) State-owned enterprise.--The term `state-owned enterprise' means-- ``(A) an entity that is owned by, controlled by, or under the influence of, a national, provincial, or local government in a foreign country or an agency of such a government; or ``(B) an individual acting under the direction or the influence of a government or agency described in subparagraph (A). ``SEC. 1002. AUTHORITY TO REVIEW TRANSACTIONS FOR ECONOMIC EFFECT ON THE UNITED STATES. ``(a) Mandatory Notification by Parties.--Each party to a covered transaction shall submit a written notification of the transaction to the Secretary. ``(b) Review.-- ``(1) In general.--Upon receiving written notification of a covered transaction under subsection (a), the Secretary shall-- ``(A) review the transaction to determine the economic effect of the transaction on the United States, based on the factors described in subsection (d); and ``(B) based on the results of the review, take appropriate action under subsection (c) with respect to the transaction. ``(2) Unilateral initiation of review.--The Secretary may initiate a review under paragraph (1) of a covered transaction for which written notification is not submitted under subsection (a). ``(3) Initiation of review by request from congress.--The Secretary shall initiate a review under paragraph (1) of a covered transaction (determined without regard to the value of the transaction under section 1001(2)(B)(ii)) if the chairperson and the ranking member of the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives requests the Secretary to review the transaction. ``(4) Notification to united states trade representative.-- Upon receiving a written notification of a transaction under subsection (a) or initiating a review of a transaction under paragraph (2) or (3), as the case may be, the Secretary shall notify the United States Trade Representative. ``(c) Action.-- ``(1) Action after initial review.--Not later than 15 days after receiving a written notification of a transaction under subsection (a) or initiating a review of a transaction under paragraph (2) or (3) of subsection (b), as the case may be, the Secretary shall-- ``(A) approve the transaction; or ``(B) inform the parties to the transaction that the Secretary requires additional time to conduct a more thorough review of the transaction. ``(2) Action after extended review.-- ``(A) In general.--Subject to subparagraph (B), if the Secretary informs the parties to a transaction under paragraph (1)(B) that the Secretary requires additional time to conduct a more thorough review, the Secretary shall, not later than 45 days after receiving the written notification of the transaction under subsection (a) or initiating a review of the transaction under paragraph (2) or (3) of subsection (b), as the case may be-- ``(i) complete that review; and ``(ii) approve the transaction, prohibit the transaction, or require the parties to the transaction to modify the transaction and resubmit the modified transaction to the Secretary for review under this section. ``(B) Extension of deadline.--The Secretary may extend the deadline under subparagraph (A) with respect to the review of a transaction by not more than 15 days. ``(3) Cases of inaccurate or inadequate information.--The Secretary may prohibit a transaction under this subsection if the Secretary determines that any party to the transaction provides to the Secretary inaccurate or inadequate information in response to inquiries of the Secretary as part of a review of the transaction under subsection (b). ``(4) Public availability of decision.--Each decision under this subsection to approve, prohibit, or allow for modification of a transaction, and a justification for each such decision, shall be made available to the public. ``(d) Factors To Be Considered.--In taking action with respect to a transaction under subsection (c), the Secretary shall consider any economic factors the Secretary considers relevant, including-- ``(1) the long-term strategic economic interests of the United States; ``(2) the history of distortive trade practices in each country in which a foreign party to the transaction is domiciled, as informed by the report of the United States Trade Representative required by subsection (h); ``(3) control and ownership of each foreign person that is a party to the transaction; ``(4) impact on the domestic industry, taking into consideration any pattern of foreign investment in the domestic industry; and ``(5) any other factors the Secretary considers appropriate. ``(e) Public Comments.--The Secretary shall-- ``(1) make available to the public each written notification of a covered transaction submitted under subsection (a) and notify the public if the Secretary initiates a review under paragraph (2) or (3) of subsection (b) with respect to a transaction; and ``(2) in the case of a transaction that the Secretary determines under subsection (c)(1)(B) requires additional time for review, provide a period for public comment on the transaction of not more than 10 days. ``(f) Consultations.--The Secretary shall consult with the heads of such other Federal agencies (or the designees of such heads) in any review under this section as the Secretary determines to be appropriate, on the basis of the facts and circumstances of the transaction under review. ``(g) Request for Assistance From International Trade Commission.-- The Secretary may request assistance from the United States International Trade Commission with respect to any of the analysis needed to conduct a review of a transaction under this section. ``(h) Report by United States Trade Representative.--Not later than 10 days after the Secretary receives a written notification of a transaction under subsection (a) or initiates a review of a transaction under paragraph (2) or (3) of subsection (b), as the case may be, the United States Trade Representative shall submit to the Secretary a report with respect to the transaction that includes, with respect to any country in which a party to the transaction is domiciled-- ``(1) a description of the history of and current issues affecting the trading relationship between the United States and that country; ``(2) an assessment of the extent to which that trading relationship is reciprocal; and ``(3) information relevant to that country from annual reports of the Office of the United States Trade Representative, including-- ``(A) the National Trade Estimate under section 181(b); ``(B) the report required by section 182 (commonly referred to as the `Special 301 Report'); and ``(C) the report on trade enforcement priorities required by section 310. ``(i) Coordination With Committee on Foreign Investment in the United States.-- ``(1) In general.--In the case of a transaction undergoing review under this section and section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), the Secretary shall coordinate with the Secretary of the Treasury with respect to those reviews. ``(2) Review of national security concerns.--Review of any threat posed by a transaction to the national security of the United States shall be conducted by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 and not under this section. ``SEC. 1003. ANNUAL REPORT ON TRANSACTIONS REVIEWED. ``Not later than one year after the date of the enactment of the United States Foreign Investment Review Act of 2017, and annually thereafter, the Secretary shall submit to Congress a report on transactions reviewed under section 1002 that includes-- ``(1) a summary of the results of the transactions reviewed by the Secretary, including-- ``(A) how many of such reviews were completed in the 15-day period provided for under section 1002(c)(1) and how many of such reviews required longer to complete; and ``(B) how many of such transactions were prohibited; and ``(2) an analysis of foreign direct investment by industrial sectors, by country of investor, and by type of transaction. ``SEC. 1004. PROHIBITION ON USE OF TAXPAYER DOLLARS TO ENCOURAGE INVESTMENT IN THE UNITED STATES BY CERTAIN STATE-OWNED ENTERPRISES. ``No funds may be obligated or expended in any fiscal year by the head of any Federal agency to encourage investment in the United States by any state-owned enterprise that does not operate according to market considerations. ``SEC. 1005. CONSISTENCY WITH OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS. ``This title shall be applied in a manner consistent with the obligations of the United States under international agreements. ``SEC. 1006. REGULATIONS. ``Not later than 270 days after the date of the enactment of the United States Foreign Investment Review Act of 2017, the Secretary of Commerce shall issue regulations to carry out this title.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by adding at the end the following: ``TITLE X--AUTHORITY TO REVIEW TRANSACTIONS FOR ECONOMIC EFFECT ON THE UNITED STATES ``Sec. 1001. Definitions. ``Sec. 1002. Authority to review transactions for economic effect on the United States. ``Sec. 1003. Annual report on transactions reviewed. ``Sec. 1004. Prohibition on use of taxpayer dollars to encourage investment in the United States by certain state-owned enterprises. ``Sec. 1005. Consistency with obligations under international agreements. ``Sec. 1006. Regulations.''.

United States Foreign Investment Review Act of 2017 This bill amends the Trade Act of 1974 to require each party to a covered transaction to submit a written notification to the Department of Commerce of such transaction. "Covered transaction" is defined as any merger, acquisition, takeover, or investment, or the establishment of a new entity, by or with any person, that is proposed or pending after this bill's enactment that could result in foreign control of any individual or entity engaged in interstate commerce in the United States valued at: (1) $50 million or more, in the case of a transaction involving a state-owned enterprise; and (2) $1 billion or more, in the case of any other transaction. Upon receiving such notification, Commerce must: (1) review the transaction to determine its economic effect on the United States, considering specified economic factors; and (2) based on the results of the review, take appropriate action. The bill prohibits the expenditure of funds to encourage investment in the United States by any foreign state-owned enterprise that does not operate according to market considerations.

United States Foreign Investment Review Act of 2017

SECTION 1. EXPANSION OF WILD ROGUE WILDERNESS AREA. (a) Expansion.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land managed by the Bureau of Land Management, comprising approximately 58,100 acres, as generally depicted on the map entitled ``Wild Rogue'', dated September 16, 2010, are hereby included in the Wild Rogue Wilderness, a component of the National Wilderness Preservation System. (b) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall file a map and a legal description of the wilderness area designated by this section, with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law.--The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the maps and legal descriptions. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (c) Administration.--Subject to valid existing rights, the area designated as wilderness by this section shall be administered by the Secretary of the Interior in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). (d) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. SEC. 2. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE RIVER AREA. (a) Amendments.--Section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (relating to the Rogue River, Oregon) is amended by adding at the end the following: ``In addition to the segment described in the previous sentence, the following segments in the Rogue River area are designated: ``(A) Kelsey creek.--The approximately 4.8 miles of Kelsey Creek from east section line of T32S, R9W, sec. 34, W.M. to the confluence with the Rogue River as a wild river. ``(B) East fork kelsey creek.--The approximately 4.6 miles of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T33S, R8W, sec. 5, W.M. to the confluence with Kelsey Creek as a wild river. ``(C) Whisky creek.-- ``(i) The approximately 0.6 miles of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33- 8-23 as a recreational river. ``(ii) The approximately 1.9 miles of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River as a wild river. ``(D) East fork whisky creek.-- ``(i) The approximately 2.8 miles of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T33S, R8W, sec. 11, W.M. to 0.1 miles downstream of road 33-8-26 crossing as a wild river. ``(ii) The approximately .3 miles of East Fork Whisky Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky Creek as a recreational river. ``(E) West fork whisky creek.--The approximately 4.8 miles of West Fork Whisky Creek from its headwaters to the confluence with Whisky Creek as a wild river. ``(F) Big windy creek.-- ``(i) The approximately 1.5 miles of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1 as a scenic river. ``(ii) The approximately 5.8 miles of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue River as a wild river. ``(G) East fork big windy creek.-- ``(i) The approximately 0.2 miles of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36 as a scenic river. ``(ii) The approximately 3.7 miles of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek as a wild river. ``(H) Little windy creek.--The approximately 1.9 miles of Little Windy Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River as a wild river. ``(I) Howard creek.-- ``(i) The approximately 0.3 miles of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34 as a scenic river. ``(ii) The approximately 6.9 miles of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River as a wild river. ``(J) Mule creek.--The approximately 6.3 miles of Mule Creek from east section line of T32S, R10W, sec. 25, W.M to the confluence with the Rogue River as a wild river. ``(K) Anna creek.--The approximately 3.5-mile section of Anna Creek from its headwaters to the confluence with Howard Creek as a wild river. ``(L) Missouri creek.--The approximately 1.6 miles of Missouri Creek from the Wild Rogue Wilderness boundary in T33S, R10W, sec. 24, W.M. to the confluence with the Rogue River as a wild river. ``(M) Jenny creek.--The approximately 1.8 miles of Jenny Creek from the Wild Rogue Wilderness boundary in T33S, R9W, sec.28, W.M. to the confluence with the Rogue River as a wild river. ``(N) Rum creek.--The approximately 2.2 miles of Rum Creek from the Wild Rogue Wilderness boundary in T34S, R8W, sec. 9, W.M. to the confluence with the Rogue River as a wild river. ``(O) East fork rum creek.--The approximately 1.5 miles of East Rum Creek from the Wild Rogue Wilderness boundary in T34S, R8W, sec. 10, W.M. to the confluence with Rum Creek as a wild river. ``(P) Wildcat creek.--The approximately 1.7-mile section of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River as a wild river. ``(Q) Montgomery creek.--The approximately 1.8-mile section of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River as a wild river. ``(R) Hewitt creek.--The approximately 1.2 miles of Hewitt Creek from the Wild Rogue Wilderness boundary in T33S, R9W, sec. 19, W.M. to the confluence with the Rogue River as a wild river. ``(S) Bunker creek.--The approximately 6.6 miles of Bunker Creek from its headwaters to the confluence with the Rogue River as a wild river. ``(T) Dulog creek.-- ``(i) The approximately 0.8 miles of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36 as a scenic river. ``(ii) The approximately 1.0 miles of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River as a wild river. ``(U) Quail creek.--The approximately 1.7 miles of Quail Creek from the Wild Rogue Wilderness boundary in T33S, R10W, sec. 1, W.M. to the confluence with the Rogue River as a wild river. ``(V) Meadow creek.--The approximately 4.1 miles of Meadow Creek from its headwaters to the confluence with the Rogue River as a wild river. ``(W) Russian creek.--The approximately 2.5 miles of Russian Creek from the Wild Rogue Wilderness boundary in T33S, R8W, sec. 20, W.M. to the confluence with the Rogue River as a wild river. ``(X) Alder creek.--The approximately 1.2 miles of Alder Creek from its headwaters to the confluence with the Rogue River as a wild river. ``(Y) Booze creek.--The approximately 1.5 miles of Booze Creek from its headwaters to the confluence with the Rogue River as a wild river. ``(Z) Bronco creek.--The approximately 1.8 miles of Bronco Creek from its headwaters to the confluence with the Rogue River as a wild river. ``(AA) Copsey creek.--The approximately 1.5 miles of Copsey Creek from its headwaters to the confluence with the Rogue River as a wild river. ``(BB) Corral creek.--The approximately 0.5 miles of Corral Creek from its headwaters to the confluence with the Rogue River as a wild river. ``(CC) Cowley creek.--The approximately 0.9 miles of Cowley Creek from its headwaters to the confluence with the Rogue River as a wild river. ``(DD) Ditch creek.--The approximately 1.8 miles of Ditch Creek from the Wild Rogue Wilderness boundary in T33S, R9W, sec. 5, W.M. to its confluence with the Rogue River as a wild river. ``(EE) Francis creek.--The approximately 0.9 miles of Francis Creek from its headwaters to the confluence with the Rogue River as a wild river. ``(FF) Long gulch.--The approximately 1.1 miles of Long Gulch from the Wild Rogue Wilderness boundary in T33S, R10W, sec. 23, W.M. to the confluence with the Rogue River as a wild river. ``(GG) Bailey creek.--The approximately 1.7 miles of Bailey Creek from the west section line of T34S, R8W, sec.14, W.M. to the confluence of the Rogue River as a wild river. ``(HH) Shady creek.--The approximately 0.7 miles of Shady Creek from its headwaters to the confluence with the Rogue River as a wild river. ``(II) Slide creek.-- ``(i) The approximately 0.5-mile section of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6 as a scenic river. ``(ii) The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River as a wild river.''. (b) Management.--All wild, scenic, and recreation classified segments designated by the amendment made by subsection (a) shall be managed as part of the Rogue Wild and Scenic River. (c) Withdrawal.--Subject to valid rights, the Federal land within the boundaries of the river segments designated by the amendment made by subsection (a) is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. SEC. 3. ADDITIONAL PROTECTIONS FOR ROGUE RIVER TRIBUTARIES. (a) Protections.--The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any stream which is listed in this section, and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project on or directly affecting any stream which is listed in this section of this Act, except to maintain or repair water resources projects that exist on the date of enactment of this Act. Nothing in this section shall prohibit any department or agency of the United States in assisting by loan, grant, license, or otherwise, water resources projects whose primary purpose is ecological or aquatic restoration and which provide a net benefit to water quality and aquatic resources. (b) Withdrawal.--Subject to valid rights, the Federal land within a quarter-mile on each side of the streams listed in this section, is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (c) Stream Segments.-- (1) Kelsey creek.--The approximately 4.5 miles of Kelsey Creek from its headwaters to the east section line of 32S 9W sec. 34. (2) East fork kelsey creek.--The approximately .2 miles of East Fork Kelsey Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 8W sec. 5. (3) East fork whisky creek.--The approximately .7 miles of East Fork Whisky Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 8W section 11. (4) Little windy creek.--The approximately 1.2 miles of Little Windy Creek from its headwaters to west section line of 33S 9W sec. 34. (5) Mule creek.--The approximately 5.1 miles of Mule Creek from its headwaters to east section line of 32S 10W sec. 25. (6) Missouri creek.--The approximately 3.1 miles of Missouri Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 10W sec. 24. (7) Jenny creek.--The approximately 3.1 miles of Jenny Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 9W sec. 28. (8) Rum creek.--The approximately 2.2 miles of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in 34S 8W sec. 9. (9) East fork rum creek.--The approximately .5 miles of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in 34S 8W sec. 10. (10) Hewitt creek.--The approximately 1.4 miles of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 9W sec. 19. (11) Quail creek.--The approximately .8 miles of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 10W sec. 1. (12) Russian creek.--The approximately .1 miles of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 8W sec. 20. (13) Ditch creek.--The approximately .7 miles of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 9W sec. 5. (14) Long gulch.--The approximately 1.4 miles of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in 33S 10W sec. 23. (15) Bailey creek.--The approximately 1.4 miles of Bailey Creek from its headwaters to west section line of 34S 8W sec. 14. (16) Quartz creek.--The approximately 3.3 miles of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek. (17) North fork galice creek.--The approximately 5.7 miles of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek. (18) Grave creek.--The approximately 10.2 mile section of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River. (19) Centennial gulch.--The approximately 2.2 miles of Centennial Gulch from its headwaters to its confluence with the Rogue River.

Adds specified federal land managed by the Bureau of Land Management (BLM) in the Wild Rogue Wilderness as a component of the National Wilderness Preservation System (NWPS). Amends the Wild and Scenic Rivers Act to add specified segments of creeks to the designation of the Rogue River in Oregon as a component of the national wild and scenic rivers system. Prohibits: (1) the Federal Energy Regulatory Commission (FERC) from licensing the construction of any dam, conduit, reservoir, powerhouse, transmission line, or other project works affecting specified stream segments; and (2) any federal department or agency from assisting in the construction of any water resources project affecting any such segment, except for maintaining or repairing existing projects.

To expand the Wild Rogue Wilderness Area in the State of Oregon, to make additional wild and scenic river designations in the Rogue River area, and to provide additional protections for Rogue River tributaries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Investment in Terrorist Regimes Act''. SEC. 2. MODIFICATION OF APPLICATION OF CERTAIN RULES WITH RESPECT TO CERTAIN FOREIGN COUNTRIES. (a) Limitation on Waiver Authority.--Section 901(j)(5)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(other than a country described in paragraph (2)(A)(iv))'' after ``a country''. (b) Denial of Foreign Tax Credit With Respect to Income Derived From Certain Foreign Countries Without Regard to Which Country Tax Is Paid.--Subparagraph (A) of section 901(j)(1) of such Code is amended by striking ``to any country'' and all that follows and inserting ``to-- ``(i) any foreign country to which this subsection applies if such taxes are with respect to income attributable to a period during which this subsection applies to such foreign country, and ``(ii) any foreign country (without regard to whether this subsection applies to such foreign country) if such taxes are with respect to income derived from any foreign country to which this subsection applies during a period for which this subsection so applies (determined under rules similar to the rules of section 952(d)), and''. (c) Denial of Deduction for Taxes for Which Foreign Tax Credit Is Denied, etc.--Section 901(j)(3) of such Code is amended to read as follows: ``(3) Denial of deduction for taxes for which foreign tax credit is denied, etc.-- ``(A) In general.--No deduction shall be allowed under this chapter for any tax for which credit is not allowable under this section by reason of paragraph (1)(A). ``(B) Denial of deduction parity.--Solely for purposes of section 78, the taxes deemed to be paid under section 902(a) and 960(a)(1) shall be determined without regard to this subsection.''. (d) Application of Denial of Deduction for Taxes Paid by Controlled Foreign Corporations.-- (1) Determination of subpart f income.--Section 952(a) of such Code is amended by striking ``(including taxes)'' in the last sentence and inserting ``(including taxes other than taxes for which credit is not allowed under section 901 by reason of section 901(j)(1)(A))''. (2) Determination of earnings and profits.--Section 964(a) of such Code is amended by inserting ``, or any taxes for which credit is not allowed under section 901 by reason of section 901(j)(1)(A),'' after ``other payment (within the meaning of section 162(c))''. (e) Clarification Regarding Country From Which Income Is Derived.-- Section 952(d) of such Code is amended by striking ``The Secretary'' and inserting the following: ``(1) In general.--For purposes of subsection (a)(5), income shall be treated as derived from a foreign country if such income is derived in connection with-- ``(A) property which is sold-- ``(i) for use, consumption, or disposition in such foreign country, or ``(ii) to any foreign person which is created, organized, or controlled in such foreign country or to a citizen or resident of such foreign country, or ``(B) services provided with respect to persons or property located in such foreign country or with respect to persons described in subparagraph (A)(ii). ``(2) Special rules.--For purposes of this subsection-- ``(A) Ultimate disposition.--Property shall not fail to be treated as described in paragraph (1)(A) if the controlled foreign corporation or any related person knew, or had reason to know, that such property would be ultimately sold-- ``(i) for use, consumption, or disposition in such foreign country, or ``(ii) to any person described in paragraph (1)(A)(ii). ``(B) Sales to related parties.--If property is sold to a related person, such sale shall not fail to be treated as described in paragraph (1)(A) unless-- ``(i) such property is ultimately sold-- ``(I) for use, consumption or disposition outside such foreign country, or ``(II) to a person not described in paragraph (1)(A)(ii), or ``(ii) such property is resold to an unrelated person not described in paragraph (1)(A)(ii) and neither the controlled foreign corporation nor any related person knew or had reason to know that such property would be ultimately sold in a sale described in paragraph (1)(A). ``(C) Application to services.--Rules similar to the rules of subparagraphs (A) and (B) shall apply with respect to services described in paragraph (1)(B). ``(D) Related person.--The term `related person' has the meaning given such term by section 954(d)(3). ``(3) Regulations.--The Secretary''. (f) Doubling of Rates of Tax With Respect to Certain Foreign Countries.-- (1) Doubling of rates of tax on citizens and corporations of certain foreign countries.--Section 891 of such Code is amended-- (A) by striking ``Whenever the President'' and inserting the following: ``(a) Doubling of Rates of Tax on Citizens and Corporations of Certain Foreign Countries.-- ``(1) Presidential proclamation.--Whenever the President'', and (B) by adding at the end the following new paragraph: ``(2) Statutory application.--In the case of any foreign country to which section 901(j) applies for any period, paragraph (1) shall apply with respect to such country in the same manner as if the President had made a proclamation described in the first sentence of paragraph (1) with respect to such country at the beginning of such period and a proclamation described in the last sentence of paragraph (1) with respect to such country at the end of such period.''. (2) Doubling of rates of tax on income derived from certain foreign countries.--Section 891 of such Code, as amended by paragraph (1), is amended by adding at the end the following new subsection: ``(b) Doubling of Rates of Tax on Income Derived From Certain Foreign Countries.-- ``(1) In general.--In the case of any foreign country to which section 901(j) applies for any period, the rates of tax imposed by sections 1, 11, 801, 831, 852, 871, and 881 with respect to any taxpayer shall be doubled in the case of income derived from such foreign country during such period (determined under rules similar to the rules of section 952(d)). In any case in which the manner in which income is stacked would change the rate of tax which is treated as applying to income described in the preceding sentence, such income shall be stacked in the manner which results in the highest rate of tax applying to the income so described. ``(2) Coordination with doubling of rates of tax on citizens and corporations of certain foreign countries.-- Paragraph (1) shall not apply to any taxpayer for any period for which subsection (a) applies to such taxpayer.''. (3) Conforming amendments.-- (A) The heading of section 891 of such Code is amended by striking ``on citizens and corporations of'' and inserting ``with respect to''. (B) The item relating to section 891 in the table of sections for subpart D of part II of subchapter N of chapter 1 of such Code is amended to read as follows: ``Sec. 891. Doubling of rates of tax with respect to certain foreign countries.''. (g) Prohibition on Agreements To Delegate Certain Reporting to Certain Foreign Countries.--Section 1474(f) of such Code is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary'', and (2) by adding at the end the following new paragraph: ``(2) Prohibition on intergovernmental agreements with certain foreign countries.--The Secretary may not enter into any intergovernmental agreement to carry out section 1471(b) with any country to which section 901(j) applies.''. (h) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by subsections (a), (b), and (c) shall apply to taxes paid or incurred in taxable years ending after the date of the introduction of this Act. (2) Amendments related to controlled foreign corporations.--The amendments made by-- (A) subsections (a), (b), and (c) to the extent such amendments relate to section 952(a)(5) of the Internal Revenue Code of 1986 or to taxes deemed to have been paid under section 902 or 960 of such Code, and (B) subsections (d) and (e), shall apply to taxable years of foreign corporations ending after the date of the introduction of this Act and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. (3) Amendments related to doubling of tax on citizens and corporations of certain foreign countries.--The amendments made by subsection (g) shall apply to taxable years ending after the date of the introduction of this Act (without regard to whether the period described in subsection (a)(2) or (b)(1) of section 891 of the Internal Revenue Code of 1986, as added by subsection (f), begins before such date). (4) Amendments related to prohibition on agreements to delegate certain reporting to certain foreign countries.--The amendments made by subsection (g) shall take effect on the date of the enactment of this Act.

Preventing Investment in Terrorist Regimes Act This bill amends the Internal Revenue Code to modify the rules that apply to income derived from foreign countries designated as sponsors of international terrorism or with whom the United States does not have diplomatic relations. The bill: (1) disallows a foreign tax credit for taxes paid to any country on income derived from one of the countries subject to the rules, (2) denies a deduction for the disallowed foreign tax credits, (3) doubles the tax rate on income derived from the countries subject to the rules, (4) and expands the definition of income derived from the countries. The bill also eliminates the authority of the President to waive the denial of foreign tax credits with respect to taxes paid or accrued to a country that the Department of State has designated as a foreign country that repeatedly provides support for international terrorism. (Under current law, a waiver is permitted if the President determines that it is in the national interest of the United States and will expand trade and investment opportunities for U.S. companies in the country.)

Preventing Investment in Terrorist Regimes Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uniformed Services Divorce Equity Act of 2003''. SEC. 2. PROPORTIONATE DIVISION OF RETIRED PAY FOR FORMER SPOUSES. Section 1408(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(5)(A) In the case of a court order issued on or after the date of the enactment of the Uniformed Services Divorce Equity Act of 2003 in which the court, pursuant to paragraph (1), provides for treatment of the disposable retired pay of a member as property of the member and the member's spouse, the court (unless otherwise expressly provided for by a spousal agreement) shall award the spouse or former spouse a share of such retired pay as follows: ``(i) If the spouse or former spouse was married to the member throughout the service of the member that is creditable for computation of retired pay, a share equal to 50 percent of the disposable retired pay of the member. ``(ii) If the spouse or former spouse was not married to the member throughout the service of the member that is creditable for computation of retired pay, a share equal to that proportion of 50 percent of the disposable retired pay of the member that is the proportion that-- ``(I) the number of days of the marriage of the former spouse to the participant during periods of such creditable service bears to the total number of days of such creditable service; or ``(II) in the case of a member for whom retired pay is payable under chapter 1223 of this title, the number of points credited under section 12733 of this title for computation of the member's retired pay that accrued during the period of marriage bears to the total number of points credited under that section for computation of the member's retired pay. ``(B) In subparagraph (A), the term `spousal agreement' means an agreement between a member and the member's spouse or former spouse that-- ``(i) is in writing, is signed by the parties, and is notarized; and ``(ii) has not been modified by court order.''. SEC. 3. DURATION OF PAYMENT OF RETIRED PAY TO FORMER SPOUSES. (a) Limitation.--Section 1408(c) of title 10, United States Code, is amended by adding after paragraph (5), as added by section 2, the following new paragraph: ``(6)(A) If the period of the marriage during which time the member was qualifying for retired pay through military service is less than 240 months, payments under paragraph (1) shall be made by the member to the former spouse for a period equal to the number of months of the marriage during which time the member was qualifying for retired pay through military service, except that, in the case of payments made pursuant a court order of divorce, dissolution, annulment, or legal separation issued after the date of the enactment of Uniformed Services Divorce Equity Act of 2003, such payments shall terminate upon the remarriage of the former spouse, if such remarriage occurs before the end of such period. ``(B) If the period of the marriage during which time the member was qualifying for retired pay through military service is 240 months or more, payments under paragraph (1) shall terminate in accordance with the terms of the applicable court order, but not later than the date of the death of the member or the date of the death of the spouse or former spouse to whom payments are being made, whichever occurs first.''. (b) Termination of Department of Defense Payments.--Section 1408(d)(4) of such title is amended-- (1) by inserting ``(A)'' after ``(4)''; and (2) by adding at the end the following: ``(B) In the case of payments from the disposable retired pay of a member pursuant to this section that are subject to termination by reason of subsection (c)(6)(A), the Secretary concerned shall terminate such payments-- ``(i) upon written request of the member, if information in possession of the Secretary or provided by the member is sufficient for the Secretary to conclude that the provisions for termination under subsection (c)(6)(A) are satisfied; or ``(ii) upon effective service of a court order modifying the court order under which the payments to the member's spouse or former spouse have been made.''. (c) Transition Provision.-- (1) Marriages terminated before enactment.--With respect to a court order issued before the date of the enactment of this Act, if the length of the marriage before the court order during which time the member was qualifying for retired pay through military service was less than 240 months-- (A) if payments by the member to the spouse or former spouse as of the date of the enactment of this Act have been made for less than the number of months of the marriage during which time the member was qualifying for retired pay through military service, payments shall continue in the amount specified in the court order until such payments have been made for the number of months of the marriage during which time the members was qualifying for retired pay through military service, but in no event shall such payments terminate by reason of this paragraph sooner than the end of the 24-month period beginning on the date of the enactment of this Act; and (B) if payments by the member to the former spouse as of the date of the enactment of this Act have been made for a period equal to or greater than the number of months of the marriage during which time the member was qualifying for retired pay through military service, payments shall terminate 24 months after the date of the enactment of this Act, unless sooner terminated under some other provision of law. (2) Applicability of dod termination provisions.-- Subparagraph (B) of subsection (d)(4) of section 1408 of title 10, United States Code, as added by subsection (b), shall apply to the provisions of paragraph (1) of this subsection in the same manner as to subsection (c)(6)(A) of such section 1408, as added by subsection (a). (3) Court order defined.--In this subsection, the term ``court order'' has the meaning given that term in section 1408(a)(2) of title 10, United States Code. SEC. 4. AWARD OF RETIRED PAY TO BE BASED ON RETIREE'S LENGTH OF SERVICE AND PAY GRADE AT TIME OF DIVORCE. Section 1408(c) of title 10, United States Code, is amended by adding after paragraph (6), as added by section 3(a), the following new paragraph: ``(7) In the case of a member as to whom a final decree of divorce, dissolution, annulment, or legal separation is issued on or after the date of the enactment of the Uniformed Services Divorce Equity Act of 2003 and before the date when the member begins to receive retired pay, the disposable retired pay of the member that a court may treat in the manner described in paragraph (1) shall be computed based on the pay grade and the length of service of the member while married to the spouse or former spouse that are creditable toward entitlement to basic pay and to retired pay as of the date of the final decree. Amounts so calculated shall be increased by the cumulative percentage of increases in retired pay between the date of the final decree and the effective date of the member's retirement.''. SEC. 5. PROHIBITION ON COURT ORDERING PAYMENTS BEFORE RETIREMENT BASED ON IMPUTATION OF RETIRED PAY. Section 1408(c)(3) of title 10, United States Code, is amended-- (1) by inserting ``(A)'' after ``(3)''; and (2) by adding at the end the following: ``(B) After the date of the enactment of the Uniformed Services Divorce Equity Act of 2003, a court may not order a member to make payments to a spouse or former spouse before the date of the member's retirement based upon an imputation of a property interest in future retired pay.''. SEC. 6. LIMITATION ON TIME FOR SEEKING DIVISION OF RETIRED PAY. (a) In General.--Section 1408(c)(4) of title 10, United States Code, is amended-- (1) by inserting ``(A)'' after ``(4)''; and (2) by adding at the end the following new subparagraph: ``(B) In order to be eligible to receive payments from the disposable retired pay of a member in the manner described in paragraph (1), the member's spouse or former spouse must obtain a court order for the treatment of the disposable retired pay of the member as property of the member and the member's spouse not later than two years after the date of a final decree of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such a decree.''. (b) Prospective Application.--The amendment made by subsection (a) shall apply with respect to final decrees of divorce, dissolution, annulment, or legal separation issued on or after the date of the enactment of this Act. (c) Implementation.--With respect to payments to a spouse or former spouse from a member's disposable retired pay pursuant to a final decree of divorce, dissolution, annulment, or legal separation issued before the date of the enactment of this Act, if more than two years have elapsed between the date of the final decree of divorce, dissolution, annulment, or legal separation and the issuance of a court order for the apportionment of the disposable retired pay of a member, a court may not order that payments of retired pay to a former spouse be made retroactive to the date of the final decree of divorce, dissolution, annulment, or legal separation. SEC. 7. TERMINATION OF LIABILITY FOR PAYMENTS TO FORMER SPOUSES. Subsection 1408(d)(4)(A) of title 10, United States Code, as redesignated by section 3(b)(1), is amended by inserting ``and liability therefor'' after ``section''. SEC. 8. PROHIBITION ON APPORTIONMENT OF DISABILITY PAY. (a) In General.--Subsection 1408(e)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(C) Notwithstanding any other provision of law, a court may not treat as part of the disposable retired pay of a member under this section or as part of amounts to be paid by a member pursuant to legal processes under section 459 of the Social Security Act (42 U.S.C. 659) for the purpose of alimony payments to a former spouse, amounts that-- ``(i) are deducted from the retired pay of such member as a result of a waiver of retired pay required by law in order to receive disability compensation under title 38; or ``(ii) in the case of a member entitled to retired pay under chapter 61 of this title, are equal to the amount of retired pay of the member under that chapter computed using the percentage of the member's disability on the date when the member was retired (or the date on which the member's name was placed on the temporary disability list).''. (b) Amendments to Social Security Act.--Section 459(h) of the Social Security Act (42 U.S.C. 659(h)) is amended-- (1) in paragraph (1)(A)(ii)(V), by striking all that follows ``Armed Forces'' and inserting a semicolon; and (2) by adding at the end the following new paragraph: ``(3) Limitations with respect to compensation paid to veterans for service-connected disabilities.--Notwithstanding any other provision of this subsection-- ``(A) compensation described in paragraph (1)(A)(ii)(V) shall not be subject to withholding pursuant to this section-- ``(i) for payment of alimony; or ``(ii) for payment of child support if the individual is fewer than 60 days in arrears in payment of the support; and ``(B) not more than 50 percent of any payment of compensation described in paragraph (1)(A)(ii)(V) may be withheld pursuant to this section.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to court orders and legal processes issued on or after June 25, 1981. In the case of a court order or legal process issued before the date of the enactment of this Act, such amendments shall apply only with respect to retired pay payable for months beginning on or after the date of the enactment of this Act. SEC. 9. TECHNICAL CORRECTIONS. (a) Gender-Neutral References.--Section 1408 of title 10, United States Code, is amended as follows: (1) Subsection (c)(1) is amended by striking ``the member and his spouse'' and inserting ``the member and the member's spouse''. (2) Subsection (c)(4)(A) is amended by striking ``his'' each place it appears and inserting ``the member's''. (3) Subsection (d)(5) is amended by striking ``the member and his spouse'' and inserting ``the member and the member's spouse''. (4) Subsection (g) is amended by striking ``his'' and inserting ``the member's''. (b) Date of Enactment Reference.--Subsection (d)(6) of such section is amended by striking ``on or after the date of the enactment of this paragraph'' and inserting ``after August 21, 1996,''. (c) Subsection Caption.--The heading for subsection (e) of such section is amended to read as follows: ``Multiple Court Orders.--''.

Uniformed Services Divorce Equity Act of 2003 - Requires a court, in the case of the disposition of monthly retired pay upon a divorce, to award the former spouse 50 percent of such pay of a member of the uniformed services if the former spouse was married to the member throughout the member's creditable service. Reduces such amount proportionately for the reduced period of the marriage in relation to the total service period.Requires that, if the marriage period is: (1) less than 240 months, such payments shall continue for a period equal to the marriage period; and (2) 240 months or more, such payments shall continue at least until the death of the member or former spouse.Provides that for purposes of such monthly payments, the disposable retired pay of a member to whom a final divorce, disillusionment, annulment, or legal separation decree is issued before the member begins to receive such pay shall be computed based on the pay grade and length of service of the member while married. Increases such amount concurrently with retired pay increases. Prohibits a court from ordering such payments before a member's retirement based upon an imputation of a property interest in future retired pay. Requires a former spouse to obtain a court order for reapportionment of disposable military retired pay within two years of the date of the final decree.Prohibits the court from treating as part of a member's disposable retired pay amounts which: (1) have been waived from such pay in order to receive veterans' disability compensation; or (2) represent payment for service-connected disabilities.

To amend title 10, United States Code, to revise the rules relating to the court-ordered apportionment of the retired pay of members of the uniformed services to former spouses, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT REFERENCES. (a) Short Title.--This Act may be cited as the ``Drug Czar Responsibility and Accountability Act of 1998''. (b) Amendment References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1501 et seq.). SEC. 2. FINDINGS. Congress makes the following findings: (1) Overall drug use among children aged 12 to 17 in 1992 was 5.3 percent. In 1996, it was 9 percent, an increase of 70 percent. (2) Use of any illicit drug among 8th graders in 1992 was 12.9 percent. In 1997, it was 22.1 percent, an increase of 71 percent. (3) Use of any illicit drug among 10th graders in 1992 was 20.4 percent. In 1997, it was 38.5 percent, an increase of 91 percent. (4) Use of any illicit drug among 12th graders in 1992 was 27.1 percent. In 1997, it was 42.4 percent, an increase of 56 percent. (5) Use of marijuana among 8th graders in 1992 was 3.7 percent. In 1997, it was 10.2 percent, an increase of 176 percent. (6) Use of marijuana among children aged 12 to 17 in 1992 was 3.4 percent. In 1996, it was 7.1 percent, an increase of 109 percent. (7) Use of cocaine among children aged 12 to 17 in 1992 was 0.3 percent. In 1996, it was 0.6 percent, an increase of 100 percent. (8) Marijuana-related medical emergencies in 1992 totaled 23,997. In 1996, there were 50,037 such emergencies, an increase of 108 percent. (9) Cocaine-related medical emergencies in 1992 totaled 119,843. In 1996, there were 144,180 such emergencies, an increase of 20 percent. (10) Heroin-related medical emergencies in 1992 totaled 48,003. In 1996, there were 70,463 such emergencies, an increase of 47 percent. SEC. 3. EXPANSION OF RESPONSIBILITIES OF DIRECTOR. (a) Expansion of Responsibilities.--Section 1003(b) (21 U.S.C. 1502(b)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) establish Federal policies, objectives, goals, priorities, and performance measures (including specific annual agency targets expressed in terms of precise percentages) for the National Drug Control Program and for each National Drug Control Program agency, which shall include targets for reducing the levels of overall unlawful drug use, adolescent unlawful drug use, and drug-related emergency room incidents to January 19, 1993 levels;''; (2) by striking paragraph (3) and inserting the following: ``(3) coordinate, oversee, and evaluate the effectiveness of the implementation of the policies, objectives, goals, performance measures, and priorities established under paragraph (1) and the fulfillment of the responsibilities of the National Drug Control Program agencies under the National Drug Control Strategy;''; (3) in paragraph (5), by inserting ``and nongovernmental entities involved in demand reduction'' after ``governments''; (4) in paragraph (7), by striking ``and'' at the end; (5) in paragraph (8), by striking the period at the end and inserting a semicolon; and (6) by adding at the end the following: ``(9) require each National Drug Control Program agency to submit to the Director on a semi-annual basis (beginning with the first 6 months of 1999) an evaluation of progress by the agency with respect to drug control program goals using the performance measures referred to in paragraph (1), including progress with respect to-- ``(A) success in reducing domestic and foreign sources of illegal drugs; ``(B) success in protecting the borders of the United States (and in particular the Southwestern border of the United States) from penetration by illegal narcotics; ``(C) success in reducing violent crime associated with drug use in the United States; ``(D) success in reducing the negative health and social consequences of drug use in the United States; and ``(E) implementation of drug treatment and prevention programs in the United States and improvements in the adequacy and effectiveness of such programs; ``(10) submit to Congress on a semiannual basis, not later than 60 days after the date of the last day of the applicable 6-month period, a summary of-- ``(A) each evaluation received by the Director under paragraph (9); and ``(B) the progress of each National Drug Control Program agency toward the drug control program goals of the agency using the performance measures described in paragraph (1); ``(11) require the National Drug Control Program agencies to submit to the Director not later than February 1 of each year a detailed accounting of all funds expended by the agencies for National Drug Control Program activities during the previous fiscal year, and require such accounting to be authenticated by the Inspector General for each agency prior to submission to the Director; ``(12) submit to Congress not later than April 1 of each year the information submitted to the Director under paragraph (11); ``(13) submit to Congress not later than August 1 of each year a report including-- ``(A) the budget guidance provided by the Director to each National Drug Control Program agency for the fiscal year in which the report is submitted and for the other fiscal years within the applicable 5-year budget plan relating to such fiscal year; and ``(B) a summary of the request of each National Drug Control Program agency to the Director under this Act (prior to review of the request by the Office of Management and Budget) for the resources required to achieve the targets of the agency under this Act; ``(14) act as a representative of the President before Congress on all aspects of the National Drug Control Program; ``(15) act as the primary spokesperson of the President on drug issues; ``(16) make recommendations to National Drug Control Program agency heads with respect to implementation of Federal counter-drug programs; ``(17) take such actions as necessary to oppose any attempt to legalize the use of a substance (in any form) that-- ``(A) is listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812); and ``(B) has not been approved for use for medical purposes by the Food and Drug Administration; and ``(18) ensure that drug prevention and drug treatment research and information is effectively disseminated by National Drug Control Program agencies to State and local governments and nongovernmental entities involved in demand reduction by-- ``(A) encouraging formal consultation between any such agency that conducts or sponsors research, and any such agency that disseminates information in developing research and information product development agendas; ``(B) encouraging such agencies (as appropriate) to develop and implement dissemination plans that specifically target State and local governments and nongovernmental entities involved in demand reduction; and ``(C) developing a single interagency clearinghouse for the dissemination of research and information by such agencies to State and local governments and nongovernmental agencies involved in demand reduction.''. (b) Survey of Drug Use.-- (1) In general.--The University of Michigan shall not be prohibited under any law from conducting the survey of drug use among young people in the United States known as the Monitoring the Future Survey. (2) Other surveys.--The National Parents' Resource Institute for Drug Education in Atlanta, Georgia, shall not be prohibited under any law from conducting the survey of drug use among young people in the United States known as the National PRIDE Survey. SEC. 4. EXPANSION OF POWERS OF DIRECTOR. Section 1003(d) (21 U.S.C. 1502(d)) is amended-- (1) in paragraph (9), by striking the period and inserting a semicolon; and (2) by adding at the end the following: ``(10) require the heads of National Drug Control Program agencies to provide the Director with statistics, studies, reports, and any other information regarding Federal control of drug abuse; ``(11) require the heads of National Drug Control Program agencies to provide the Director with information regarding any position (before an individual is nominated for such position) that-- ``(A) relates to the National Drug Control Program; ``(B) is at or above the level of Deputy Assistant Secretary; and ``(C) involves responsibility for Federal counternarcotics or antidrug programs; and ``(12) make recommendations to the National Drug Intelligence Center on the specific projects that the Director determines will enhance the effectiveness of implementation of the National Drug Control Strategy.''. SEC. 5. SUBMISSION OF NATIONAL DRUG CONTROL STRATEGY. (a) In General.--Section 1005(a) (21 U.S.C. 1504(a)) is amended-- (1) in paragraph (2)-- (A) by striking subparagraph (A) and inserting the following: ``(A) include comprehensive, research-based, specific, long-range goals and performance measures (including specific annual targets expressed in terms of precise percentages) for reducing drug abuse and the consequences of drug abuse in the United States;''; (B) in subparagraph (C), by striking ``and'' at the end; (C) by striking subparagraph (D); (D) by adding at the end the following: ``(D) include 4-year projections for National Drug Control Program priorities (including budget priorities); and ``(E) review international, Federal, State, local, and private sector drug control activities to ensure that the United States pursues well-coordinated and effective drug control at all levels of government.''; (2) in paragraph (3)(A), by striking clauses (iv) and (v) and inserting the following: ``(iv) private citizens and organizations with experience and expertise in demand reduction; ``(v) private citizens and organizations with experience and expertise in supply reduction; and ``(vi) appropriate representatives of foreign governments.''; (3) in paragraph (4)-- (A) in subparagraph (B), by striking clauses (i) through (vi) and inserting the following: ``(i) the quantities of cocaine, heroin, marijuana, methamphetamine, ecstasy, and rohypnol available for consumption in the United States; ``(ii) the amount of cocaine, heroin, marijuana, ecstasy, rohypnol, methamphetamine, and precursor chemicals entering the United States; ``(iii) the number of hectares of marijuana, poppy, and coca cultivated and destroyed domestically and in other countries; ``(iv) the number of metric tons of marijuana, cocaine, heroin, and methamphetamine seized; ``(v) the number of cocaine and methamphetamine processing labs destroyed domestically and in other countries; ``(vi) changes in the price and purity of heroin and cocaine, changes in price of methamphetamine, and changes in tetrahydrocannabinol level of marijuana;''; (B) in subparagraph (C), by striking ``and'' at the end; (C) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(E) assessment of the cultivation of illegal drugs in the United States.''; and (4) in paragraph (5)-- (A) in the matter preceding subparagraph (A), by striking ``February 1, 1995'' and inserting ``February 1, 1999''; (B) in the matter preceding subparagraph (A), by striking ``second''; (C) in subparagraph (C), by striking ``and'' at the end; (D) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following: ``(E) a description of the National Drug Control Program performance measures described in subsection (a)(2)(A).''. (b) Goals and Performance Measures for National Drug Control Strategy.--Section 1005(b) (21 U.S.C. 1504(b)) is amended-- (1) in the heading, by striking ``, Objectives, and Priorities'' and inserting ``and Performance Measures''; (2) in the matter after the heading, by inserting ``(1)'' before ``Each National Drug Control Strategy''; (3) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively; (4) in subparagraph (A) (as redesignated by paragraph (3)), by striking ``and priorities'' and inserting ``and performance measures''; (5) in subparagraph (C) (as redesignated by paragraph (3)), by striking ``3-year projections'' and inserting ``4-year projections''; and (6) by adding at the end the following: ``(2) In establishing the performance measures required by this subsection, the Director shall-- ``(A) establish performance measures and targets expressed in terms of precise percentages for each National Drug Control Strategy goal and objective; ``(B) revise such performance measures and targets as necessary, and reflect such performance measures and targets in the National Drug Control Program budget submitted to Congress; ``(C) consult with affected National Drug Control Program agencies; ``(D) identify programs and activities of National Drug Control Program agencies that support the goals of the National Drug Control Strategy; ``(E) evaluate in detail the implementation by each National Drug Control Program agency of program activities supporting the National Drug Control Strategy; ``(F) monitor consistency between the drug-related goals of the National Drug Control Program agencies and ensure that drug control agency goals and budgets fully support, and are fully consistent with, the National Drug Control Strategy; ``(G) coordinate the development and implementation of national drug control data collection and reporting systems to support Federal policy formulation and performance measurement; ``(H) ensure that no Federal drug control funds are expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812); and ``(I) ensure that no Federal funds appropriated for the High Intensity Drug Trafficking Program are expended for the expansion of drug treatment programs.''. SEC. 6. REPORT ON DESIGNATION OF HIGH INTENSITY DRUG TRAFFICKING AREAS. Section 1005(c)(3) (21 U.S.C. 1504(c)(3)) is amended to read as follows: ``(3) Annual report.--Not later than March 1 of each year, the Director shall submit to Congress a report-- ``(A) on the effectiveness of, and need for, the designation of areas under this subsection as high intensity drug trafficking areas; and ``(B) that includes any recommendations of the Director for legislative action with respect to such designation.''. SEC. 7. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS. Section 1011 (21 U.S.C. 1508) is amended by striking ``8 succeeding fiscal years'' and inserting ``10 succeeding fiscal years''. SEC. 8. REPORT REQUIRED. Not later than November 1, 1998, the Director of the Office of National Drug Control Policy shall submit to Congress a report including-- (1) proposed goals, targets, performance measures (as described in section 1003(b)(1) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502(b)(1))), and specific initiatives with respect to the National Drug Control Program, including the High Intensity Drug Trafficking Area Program; and (2) proposals to coordinate the efforts of all National Drug Control Program agencies. SEC. 9. CONSISTENCY WITH NATIONAL SECURITY ACT OF 1947. Section 1004 (21 U.S.C. 1503) is amended-- (1) in subsection (a)-- (A) by striking ``(1)''; (B) by striking ``(2)(A)'' and inserting ``(b) Consistency With National Security Act of 1947.--(1)''; (C) by striking ``(B)'' and inserting ``(2)''; and (D) by striking ``subparagraph (A)'' and inserting ``paragraph (1)''; and (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively.

Drug Czar Responsibility and Accountability Act of 1998 - Amends Federal law to expand the responsibilities of the Director of National Drug Control Policy to include: (1) establishing Federal policies, objectives, goals, priorities, and performance measures for the National Drug Control Program, and for each Program agency, which shall include targets for reducing the levels of overall unlawful drug use, adolescent unlawful drug use, and drug-related emergency room incidents to January 19, 1993 levels; (2) requiring the submission of specified reports from Program agencies; (3) making recommendations to Program agency heads on the implementation of Federal counter-drug programs; (4) taking actions to oppose any attempt to legalize the use of a substance in any form that is listed in Schedule I of the Controlled Substances Act and that has not been approved for medical use by the Food and Drug Administration; and (5) ensuring that drug prevention and drug treatment research and information is effectively disseminated by Program agencies to State and local governments and nongovernmental entities involved in demand reduction. States that certain surveys of drug use among young people in the United States shall not be prohibited under any law. (Sec. 4) Expands the powers of the Director, to include: (1) requiring the heads of Program agencies to provide the Director with statistics, studies, reports, and any other information regarding Federal control of drug abuse; and (2) making recommendations to the National Drug Control Center on the specific projects that the Director determines will enhance the effectiveness of the National Drug Control Strategy. (Sec. 5) Revises National Drug Control Strategy requirements to include: (1) comprehensive, research-based, specific, long-range goals and performance measures (including specific annual targets expressed in terms of precise percentages) for reducing drug abuse and the consequences of drug abuse in the United States; (2) four-year projections for Program priorities, including budget priorities; and (3) the review of international, Federal, and private sector drug control activities (currently, State and local drug control activities). Revises requirements for the assessment of the reduction of drug availability by certain measurements. Sets forth requirements with respect to the establishment of performance measures by the Director. (Sec. 7) Extends the authorization of appropriations for the Office of Drug Control Policy until September 30, 1999. (Sec. 8) Directs the Director to submit a report to the Congress including: (1) proposed goals, targets, performance measures and specific initiatives with respect to the Program, including the High Intensity Drug Trafficking Area Program; and (2) proposals to coordinate the efforts of all Program agencies.

Drug Czar Responsibility and Accountability Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1998''. SEC. 2. DEFINITIONS. Section 6003 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in the section heading by striking ``definition'' and inserting ``definitions''; (2) by striking ``(1)'', ``(2)'', and ``(3)''; (3) in the matter proceeding subparagraph (A), by striking ``title the term'' and inserting the following: ``title-- ``(1) the term''; (4) by striking the period at the end; and (5) by adding at the end the following: ``(2) the term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved; and ``(3) the term `voluntary public and private parental choice program' means a program that meets the requirements of section 6301(b)(9), is authorized by State law, and includes 1 or more private schools to allow low-income parents to choose the appropriate school for their children.''. SEC. 3. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. Section 6102(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``(a) Distribution Rule.-- ``(1) In general.--Except as provided in paragraph (2), from the sums made available each year to carry out this title, the State educational agency shall distribute not less than 90 percent to local educational agencies within such State according to the relative enrollments in public and private, nonprofit schools within the school districts of such agencies, adjusted, in accordance with criteria approved by the Secretary, to provide higher per pupil allocations to local educational agencies which have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as-- ``(A) children living in areas with high concentrations of low-income families; ``(B) children from low-income families; and ``(C) children living in sparsely populated areas. ``(2) Exception.--A State that has enacted or will enact a law that establishes a voluntary public and private parental choice program and that complies with the provisions of section 6301(b)(9) may reserve an additional 15 percent from the sums made available each year to carry out this title if the additional amount reserved is used exclusively for voluntary public and private parental choice programs.''. SEC. 4. USES OF FUNDS. (a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) by inserting after subparagraph (C) the following: ``(D) establishing voluntary public and private parental choice programs in accordance with section 6301(b)(9); and''. (b) Local Uses of Funds.--Section 6301(b) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (7), by striking ``and'' after the semicolon; (2) in paragraph (8), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (8) the following: ``(9) voluntary public and private parental choice programs that-- ``(A) are located in an area that has the greatest numbers or percentages of children-- ``(i) living in areas with a high concentration of low-income families; ``(ii) from low-income families; or ``(iii) living in sparsely populated areas; ``(B) ensure that participation in such a voluntary public and private parental choice program is limited to families whose family income does not exceed 185 percent of the poverty line; ``(C) ensure that-- ``(i) the maximum amount of a voluntary public and private parental choice scholarship does not exceed the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides; ``(ii) the minimum amount of a voluntary public and private parental choice scholarship is not less than 60 percent of the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides or the cost of tuition at a private school, whichever is less; ``(D) ensure that for a private school, which may include a religiously affiliated school, choosing to participate in a voluntary public and private parental choice program-- ``(i) such a school is permitted to impose the same academic requirements for all students, including students selected for a scholarship as provided under this paragraph; ``(ii) receipt of funds under this title is not conditioned with requirements or regulations that preclude the use of such funds for sectarian educational purposes or require removal of religious art, icons, scripture, or other symbols; and ``(iii) such a school is in compliance with all State requirements applicable to the operation of a private school that are in effect in the year preceding the date of the enactment of the Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997; ``(E) may allow State, local, and private funds to be used for voluntary public and private parental choice programs; and ``(F) ensure priority for students who were enrolled in a public school in the school year preceding the school year in which a voluntary public and private parental choice school begins operation.''. SEC. 5. EDUCATION FLEXIBILITY. Part C of title VI of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``SEC. 6304. EDUCATION FLEXIBILITY. ``(a) In General.--A local educational agency that establishes a voluntary public and private parental choice program in accordance with section 6301(b)(9) is eligible to apply for an education flexibility waiver of certain Federal statutory or regulatory requirements if such agency complies with the requirements of subsection (b). ``(b) Application.--The requirements referred to in subsection (a) are as follows: ``(1) In general.--Submission of an application, approved by the State educational agency, to the Secretary that-- ``(A) identifies the State statutory and regulatory requirements sought to be waived; ``(B) identifies the Federal statutory and regulatory requirements sought to be waived; ``(C) includes a statement of justification for waiving such requirements; ``(D) describes the goals and performance criteria that will be used to determine the effectiveness of waiving such requirements; ``(E) certifies that the information in the application has been submitted to the units of local governments in which such local educational agency is located, the State legislature, and the Governor encouraging such entities to comment for a period of not less than 60 days; and ``(F) includes any comments received pursuant to subparagraph (E); ``(2) State waivers.--A statement from the State educational agency that describes the action the agency has undertaken or will undertake, not later than 90 days after notification from the Secretary that the waiver request has been granted, to remove State statutory or regulatory barriers for such local educational agency. ``(c) Approval and Notice.-- ``(1) Approval.--Except as provided in subsection (d), the Secretary shall approve the request of a local educational agency to waive certain Federal statutory or regulatory requirements if-- ``(A) such agency complies with this section; and ``(B) the State in which such agency is located has granted one or more of the waivers sought by the local educational agency or agrees to grant, not later than 90 days after notification by the Secretary that the waiver request has been granted, one or more waivers that the State and local educational agency find mutually acceptable. ``(2) Notice.--The Secretary shall notify each local educational agency for which a waiver request is submitted whether the request complies with the requirements of this section not later than 60 days after receiving the request. If the Secretary does not notify the local educational agency, as required under this paragraph, the application shall be considered, for purposes of this section, to have been determined to comply with the requirements of this section and the local educational agency shall be considered to have been notified of compliance upon the expiration of such 60-day period. ``(d) Prohibition Against Certain Waivers.--The Secretary shall not waive any of the following provisions: ``(1) Civil rights.--Civil rights protections and discrimination prohibitions, including the safety and procedural provisions under title VI of the Civil Rights Act, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, or the Age Discrimination Act of 1975. ``(2) Services for disabled.--Services provided under the Individuals with Disabilities Education Act. ``(3) Fiscal accountability measures.--Fiscal accountability measures, including-- ``(A) maintenance of effort or comparability of services requirements under any program; and ``(B) requirements that Federal funds supplement, not supplant non-Federal funds. ``(4) General requirements.--Requirements to provide for-- ``(A) the equitable participation of private school students and teachers; and ``(B) parental involvement in program activities and services. SEC. 6. EVALUATION. Part D of title VI of the Elementary and Secondary Education Act of 1965 is amended-- (1) by adding at the end of section 6402 the following new subsection: ``(j) Application.--This section shall not apply to funds that a State or local educational agency uses to establish a voluntary public and private parental choice program in accordance with section 6301(b)(9).''; and (2) by adding at the end of such part the following new sections: ``SEC. 6404. EVALUATION. ``(a) Annual Evaluation.-- ``(1) Contract.--The Comptroller General of the United States shall enter into a contract, with an evaluating agency that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of the programs established under section 6301(b)(9). ``(2) Annual evaluation requirement.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to evaluate annually each program established under section 6301(b)(9) in accordance with the evaluation criteria described in subsection (b) and each such program that has applied for an education flexibility waiver under section 6304. ``(3) Transmission.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to transmit to the Comptroller General of the United States the findings of each annual evaluation under paragraph (1). ``(b) Evaluation Criteria.--The Comptroller General of the United States, in consultation with the Secretary, shall establish minimum criteria for evaluating each program established under section 6301(b)(9). Such criteria shall provide for-- ``(1) a description of the implementation of each program established under section 6301(b)(9) and the program's effects on all participants, schools, and communities in the program area, with particular attention given to the effect of parent participation in the life of the school and the level of parental satisfaction with the program; and ``(2) a comparison of the educational achievement of all students in the program area, including a comparison between-- ``(A) students receiving a voluntary public and private parental choice scholarships under section 6301(b)(9); and ``(B) students not receiving a voluntary public and private parental choice scholarships under such section. ``(c) Evaluation Funds.--Pursuant to the authority provided under section 14701, the Secretary shall reserve not more than 0.50 percent of the amount of funds made available under section 6002 to carry out this section. To determine the amount necessary for evaluation purposes, the Secretary shall consider the prospective scale and scope of the evaluation, including the number of local educational agencies conducting voluntary public and private choice programs. ``SEC. 6405. APPLICABILITY. ``(a) Not School Aid.--Subject to subsection (b), funds used under this title to establish a voluntary public and private parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. ``(b) No Federal Control.--The Secretary is not permitted to exercise any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a voluntary public and private choice program established under 6309(b)(9).''.

Helping Empower Low-Income Parents (HELP) Scholarships Amendments of 1998 - Amends title VI (Innovative Education Program Strategies) of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies (SEAs), except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies (LEAs). (Sec. 4) Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. (Sec. 5) Allows LEAS that establish parental choice programs to apply for education flexibility waivers of certain statutory or regulatory requirements. Requires approval of such waivers by the Secretary of Education or the SEA, as applicable. Prohibits the Secretary from waiving requirements for: (1) civil rights protections and discrimination prohibitions; (2) services provided under the Individuals with Disabilities Education Act; (3) fiscal accountability measures; (4) equitable participation of private school students and teachers; and (5) parental involvement in program activities and services. (Sec. 6) Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program.

Helping Empower Low-Income Parents (HELP) Scholarships Amendments of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Mandate Funding Act of 1993''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1)(A) The term ``Federal mandate'' means a Federal law or regulation that requires a State or unit of general local government to carry out an action for which the State or unit of general local government incurs a direct program cost. (B) Such term does not include laws or regulations-- (i) enforcing the Constitutional or statutory rights of individuals; or (ii) requiring a State or unit of general local government to contribute matching amounts of funding as a condition for receiving Federal grant assistance. (2) The term ``Secretary'' means the Secretary of the Treasury. (3) The term ``State'' has the same meaning as in section 6501(8) of title 31, United States Code. (4) The term ``unit of general local government'' has the same meaning as in section 6501(9) of title 31, United States Code. SEC. 3. MORATORIUM. (a) In General.--For the period beginning on the date of enactment of this Act and ending 2 years after such date, any duty or requirement imposed by Federal statute or regulation that creates a Federal mandate shall not apply to a State or unit of general local government unless the State or unit of general local government receives a Federal share toward the cost of such mandate. (b) Application.--This section shall apply only to statutes or regulations that take effect on or after the date of the enactment of this Act. SEC. 4. FEDERAL MANDATE ASSISTANCE FUND. (a) Establishment and Administration of Fund.--There is established in the Department of the Treasury a Federal Mandate Assistance Fund (referred to as the ``Fund''), which shall consist of amounts appropriated to the Fund. (b) Payment and Use.-- (1) Payment.--The Secretary shall pay from the Fund, to each State which qualifies for a payment under this section, an amount equal to the sum of any amounts allocated to the State under this section at the beginning of each fiscal year. (2) Use.--Amounts paid to a State under this section, and allocated and paid to units of general local government within such State under this section, shall be used by such State and units of general local government to reimburse the costs of Federal mandates. (c) Qualification for Payment.--Under regulations issued by the Secretary, a State shall qualify for payment of the amount allocable to it under subsection (d) only after it has furnished, to the Secretary's satisfaction, the following: (1) State and local mandate costs.--The State shall furnish, and the Secretary shall certify, an estimate of the combined cost to the State and to units of general local government within such State of Federal mandates during the next fiscal year. (2) Formula for allocation to units of general local government.--The State shall submit, and the Secretary shall approve, a plan for the allocation to units of general local government in the State, out of the amount allocated to the State under this section, in conformance with the conditions and criteria set forth in subsection (d). (d) Allocation Formulas.-- (1) State allocations.--(A) Under regulations issued by the Secretary, the Secretary shall allocate to each State, out of the amount authorized for the period under subsection (b), an amount proportionate to the product of-- (i) the total estimated cost of Federal mandates to the State, and units of general local government in the State, as a ratio of the total estimate of such costs for all States, multiplied by (ii) the need factor of the State as a ratio of the combined need factor of all States. (B) The need factor shall be the product of-- (i) the population of the State; (ii) the relative per capita income of the State; (iii) the general tax effort factor of the State; and (iv) the relative fiscal gap factor of the State. (2) Allocations to units of general local government.-- (A) Set-aside of funds.--Each State shall set aside, out of the amount paid to it by the Secretary under this section, an amount equal to the ratio which the federal mandate costs of all units of general local government in the State bear to the combined Federal mandate costs of both the State and its units of general local government. (B) Payment of funds.--Under the plan submitted by the State for approval by the Secretary, pursuant to subsection (c)(2), the State shall pay to each unit of general local government in the State, from the amount set aside under subparagraph (A), an amount proportionate to the product of-- (i) the cost of Federal mandates to such unit of general local government, as a ratio of the cost of such mandates to all units of general government in the State; and (ii) the local need factor of such unit of general local government, defined as the product of its population, relative per capita income, and general tax effort factor. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section. SEC. 5. REQUIREMENT OF IMPLEMENTATION PROVISION; POINT OF ORDER. Section 403 of the Congressional Budget Act of 1974 is amended by inserting at the end thereof the following new subsection: ``(d) Point of Order.-- ``(1) General rule.--(A) Except as provided by paragraph (2), it shall not be in order in the Senate to consider any bill or resolution which would impose any duty or requirement on State or local governments which in the judgment of the Director of the Congressional Budget Office is likely to result in an annual cost to State and local governments of $200,000,000 or more with respect to any particular program, project, or activity, unless such bill or resolution contains an implementation provision setting forth the Federal share of such cost. ``(B)(i) The Federal share of costs referred to in subparagraph (A) shall be not less than 20 percent of the costs incurred by the State or local government in meeting direct program costs. ``(ii) The Federal share of costs referred to in subparagraph (A) may include-- ``(I) reimbursement for direct administrative costs of State and local governments in implementing the program, project, or activity; and ``(II) Federal cost-sharing or matching grant funding. ``(C) A point of order made under this subsection may be waived in the Senate by a majority vote of the Members voting, a quorum being present, or by the unanimous consent of the Senate. ``(2) Exception.--Paragraph (1) shall not apply to any bill or resolution, including any amendment thereto or conference report thereon, which is in compliance with any order issued under either section 251(b)(2)(D) or section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985. ``(3) Definition.--For purposes of this subsection-- ``(A) The term `local government' has the same meaning as in section 6501(6) of title 31, United States Code. ``(B)(i) The term `Federal mandate' means a Federal law or regulation that requires a State or local government to carry out an action for which the State or local government incurs a direct program cost. ``(ii) Such term does not include laws or regulations-- ``(I) enforcing the Constitutional or statutory rights of individuals; or ``(II) requiring a State or local government to contribute matching amounts of funding as a condition for receiving Federal grant assistance.''. SEC. 6. EFFECTIVE DATE. The provisions of this Act shall take effect on the date of enactment of this Act.

Federal Mandate Funding Act of 1993 - Makes inapplicable to a State or local government for a two-year period any duty or requirement imposed by Federal statute or regulation that creates a Federal mandate which is not funded in part by the Federal Government. Establishes in the Treasury the Federal Mandate Assistance Fund to provide financial assistance to qualified State and local governments for complying with Federal mandates. Authorizes appropriations.

Federal Mandate Funding Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Major Drug Trafficking Prosecution Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since the enactment of mandatory minimum sentencing for drug users, the Federal Bureau of Prisons budget increased from $220 million in 1986 to $5.4 billion in 2008. (2) Mandatory minimum sentences are statutorily prescribed terms of imprisonment that automatically attach upon conviction of certain criminal conduct, usually pertaining to drug or firearm offenses. Absent very narrow criteria for relief, a sentencing judge is powerless to mandate a term of imprisonment below the mandatory minimum. Mandatory minimum sentences for drug offenses rely solely upon the weight of the substance as a proxy for the degree of involvement of a defendant's role. (3) Mandatory minimum sentences have consistently been shown to have a disproportionate impact on African Americans. The United States Sentencing Commission, in a 15-year overview of the Federal sentencing system, concluded that ``mandatory penalty statutes are used inconsistently'' and disproportionately affect African American defendants. As a result, African American drug defendants are 20 percent more likely to be sentenced to prison than white drug defendants. (4) In the Anti-Drug Abuse Act of 1986, Congress structured antidrug penalties to encourage the Department of Justice to concentrate its enforcement effort against high-level and major-level drug traffickers, and provided new, long mandatory minimum sentences for such offenders, correctly recognizing the Federal role in the combined Federal-State drug enforcement effort. (5) Between 1994 and 2003, the average time served by African Americans for a drug offense increased by 62 percent, compared with a 17 percent increase among white drug defendants. Much of this disparity is attributable to the severe penalties associated with crack cocaine. (6) African Americans, on average, now serve almost as much time in Federal prison for a drug offense (58.7 months) as whites do for a violent offense (61.7 months). (7) Linking drug quantity with punishment severity has had a particularly profound impact on women, who are more likely to play peripheral roles in a drug enterprise than men. However, because prosecutors can attach drug quantities to an individual regardless of the level of culpability of a defendant's participation in the charged offense, women have been exposed to increasingly punitive sentences to incarceration. (8) In 2003, the States sentenced more than 340,000 drug offenders to felony convictions, compared to 25,000 Federal felony drug convictions. (9) Low-level and mid-level drug offenders can be adequately prosecuted by the States and punished or supervised in treatment as appropriate. (10) Federal drug enforcement resources are not being properly focused, as only 12.8 percent of powder cocaine prosecutions and 8.4 percent of crack cocaine prosecutions were brought against high-level traffickers, according to the Report to Congress: Cocaine and Federal Sentencing Policy, issued May, 2007 by the United States Sentencing Commission. (11) According to the Report to Congress, ``The majority of federal cocaine offenders generally perform low-level functions . . .''. (12) The Departments of Justice, Treasury, and Homeland Security are the agencies with the greatest capacity to investigate, prosecute and dismantle the highest level of drug trafficking organizations, and investigations and prosecutions of low-level offenders divert Federal personnel and resources from the prosecution of the highest-level traffickers, for which such agencies are best suited. (13) Congress must have the most current information on the number of prosecutions of high-level and low-level drug offenders in order to properly reauthorize Federal drug enforcement programs. (14) One consequence of the improper focus of Federal cocaine prosecutions has been that the overwhelming majority of low-level offenders subject to the heightened crack cocaine penalties are black and according to the Report to Congress only 8.8 percent of Federal crack cocaine convictions were imposed on whites, while 81.8 percent and 8.4 percent were imposed on blacks and Hispanics, respectively (15) According to the 2002 Report to Congress: Cocaine and Federal Sentencing Policy, issued May, 2002 by the United States Sentencing Commission, there is ``a widely-held perception that the current penalty structure for federal cocaine offenses promotes unwarranted disparity based on race''. (16) African Americans comprise 12 percent of the US population and 14 percent of drug users, but 30 percent of all Federal drug convictions. (17) Drug offenders released from prison in 1986 who had been sentenced before the adoption of mandatory sentences and sentencing guidelines had served an average of 22 months in prison. Offenders sentenced in 2004, after the adoption of mandatory sentences, were expected to serve almost three times that length, or 62 months in prison. (18) According to the Justice Department, the time spent in prison does not affect recidivism rates. (19) Government surveys document that drug use is fairly consistent across racial and ethnic groups. While there is less data available regarding drug sellers, research finds that drug users generally buy drugs from someone of their own racial or ethnic background. But almost three-quarters of all Federal narcotics cases are filed against blacks and Hispanics, many of whom are low-level offenders. SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL. A Federal prosecution for an offense under the Controlled Substances Act, the Controlled Substances Import and Export Act, or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that amount specified as a minimum for an offense under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams, shall not be commenced without the prior written approval of the Attorney General. SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVISIONS. (a) Section 404.--Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended-- (1) by striking ``not less than 15 days but''; (2) by striking ``not less than 90 days but''; (3) by striking ``not less than 5 years and''; and (4) by striking the sentence beginning ``The imposition or execution of a minimum sentence''. (b) Section 401.--Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``which may not be less than 10 years and or more than'' and inserting ``for any term of years or for''; (B) by striking ``and if death'' the first place it appears and all that follows through ``20 years or more than life'' the first place it appears; (C) by striking ``which may not be less than 20 years and not more than life imprisonment'' and inserting ``for any term of years or for life''; (D) by inserting ``imprisonment for any term of years or'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; (E) by striking the sentence beginning ``If any person commits a violation of this subparagraph''; (F) by striking the sentence beginning ``Notwithstanding any other provision of law'' and the sentence beginning ``No person sentenced''; and (2) in paragraph (1)(B)-- (A) by striking ``which may not be less than 5 years and'' and inserting ``for''; (B) by striking ``not less than 20 years or more than'' and inserting ``for any term of years or to''; (C) by striking ``which may not be less than 10 years and more than'' and inserting ``for any term of years or for''; (D) by inserting ``imprisonment for any term of years or to'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; (E) by striking the sentence beginning ``Notwithstanding any other provision of law''. (c) Section 1010.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``of not less than 10 years and not more than'' and inserting ``for any term of years or for''; (B) by striking ``and if death'' the first place it appears and all that follows through ``20 years and not more than life'' the first place it appears; (C) by striking ``of not less than 20 years and not more than life imprisonment'' and inserting ``for any term of years or for life''; (D) by inserting ``imprisonment for any term of years or to'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; (E) by striking the sentence beginning ``Notwithstanding any other provision of law''; and (2) in paragraph (2)-- (A) by striking ``not less than 5 years and''; (B) by striking ``of not less than twenty years and not more than'' and inserting ``for any term of years or for''; (C) by striking ``of not less than 10 years and not more than'' and inserting ``for any term of years or to''; (D) by inserting ``imprisonment for any term of years or to'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; (E) by striking the sentence beginning ``Notwithstanding any other provision of law''. (d) Section 418.--Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended by striking the sentence beginning ``Except to the extent'' each place it appears and by striking the sentence beginning ``The mandatory minimum''. (e) Section 419.--Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended by striking the sentence beginning ``Except to the extent'' each place it appears and by striking the sentence beginning ``The mandatory minimum''. (f) Section 420.--Section 420 of the Controlled Substances Act (21 U.S.C. 861) is amended-- (1) in each of subsections (b) and (c), by striking the sentence beginning ``Except to the extent''; (2) by striking subsection (e); and (3) in subsection (f), by striking ``, (c), and (e)'' and inserting ``and (c)''.

Major Drug Trafficking Prosecution Act of 2009- Requires the Attorney General's prior written approval for a federal prosecution of an offense under the Controlled Substances Act (CSA) or the Controlled Substances Import and Export Act (CSIEA), or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that specified as a minimum for an offense under CSA or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams. Modifies CSA and CSIEA to delete specified mandatory minimum terms of imprisonment.

To concentrate Federal resources aimed at the prosecution of drug offenses on those offenses that are major.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Clean-Fuel Vehicle Act of 1996''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EXEMPTION OF ELECTRIC AND OTHER CLEAN-FUEL MOTOR VEHICLES FROM LUXURY AUTOMOBILE CLASSIFICATION. (a) In General.--Subsection (a) of section 4001 (relating to imposition of tax) is amended to read as follows: ``(a) Imposition of Tax.-- ``(1) In general.--There is hereby imposed on the 1st retail sale of any passenger vehicle a tax equal to 10 percent of the price for which so sold to the extent such price exceeds the applicable amount. ``(2) Applicable amount.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), the applicable amount is $30,000. ``(B) Qualified clean-fuel vehicle property.--In the case of a passenger vehicle which is propelled by a fuel which is not a clean-burning fuel to which is installed qualified clean-fuel vehicle property (as defined in section 179A(c)(1)(A)) for purposes of permitting such vehicle to be propelled by a clean- burning fuel, the applicable amount is equal to the sum of-- ``(i) $30,000, plus ``(ii) the increase in the price for which the passenger vehicle was sold (within the meaning of section 4002) due to the installation of such property. ``(C) Purpose built passenger vehicle.-- ``(i) In general.--In the case of a purpose built passenger vehicle, the applicable amount is equal to 150 percent of $30,000. ``(ii) Purpose built passenger vehicle.-- For purposes of clause (i), the term `purpose built passenger vehicle' means a passenger vehicle produced by an original equipment manufacturer and designed so that the vehicle may be propelled primarily by electricity.'' (b) Conforming Amendments.-- (1) Subsection (e) of section 4001 (relating to inflation adjustment) is amended to read as follows: ``(e) Inflation Adjustment.-- ``(1) In general.--The $30,000 amount in subparagraphs (A), (B)(i), and (C)(i) of subsection (a)(2) shall be increased by an amount equal to-- ``(A) $30,000, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the vehicle is sold, determined by substituting `calendar year 1990' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $2,000, such amount shall be rounded to the next lowest multiple of $2,000.'' (2) Subparagraph (B) of section 4003(a)(2) is amended to read as follows: ``(B) the appropriate applicable amount as determined under section 4001(a)(2).'' (c) Effective Date.--The amendments made by this section shall apply to sales and installations occurring and property placed in service on or after July 1, 1996. SEC. 3. GOVERNMENTAL USE RESTRICTION MODIFIED FOR ELECTRIC VEHICLES. (a) In General.--Paragraph (3) of section 30(d) (relating to special rules) is amended by inserting ``(without regard to paragraph (4)(A)(i) thereof)'' after ``section 50(b)''. (b) Conforming Amendment.--Paragraph (5) of section 179A(e) (relating to other definitions and special rules) is amended by inserting ``(without regard to paragraph (4)(A)(i) thereof in the case of a qualified electric vehicle described in subclause (I) or (II) of subsection (b)(1)(A)(iii) of this section)'' after ``section 50(b)''. (c) Effective Date.--The amendment made by this section shall apply to property placed in service on or after the date of the enactment of this Act. SEC. 4. LARGE ELECTRIC TRUCKS, VANS, AND BUSES ELIGIBLE FOR DEDUCTION FOR CLEAN-FUEL VEHICLES. (a) In General.--Paragraph (3) of section 179A(c) (defining qualified clean-fuel vehicle property) is amended by inserting ``, other than any vehicle described in subclause (I) or (II) of subsection (b)(1)(A)(iii)'' after ``section 30(c))''. (b) Denial of Credit.--Subsection (c) of section 30 (relating to credit for qualified electric vehicles) is amended by adding at the end the following new paragraph: ``(3) Denial of credit for vehicles for which deduction allowable.--The term `qualified electric vehicle' shall not include any vehicle described in subclause (I) or (II) of section 179A(b)(1)(A)(iii).'' (c) Effective Date.--The amendments made by this section shall apply to property placed in service on or after the date of the enactment of this Act. SEC. 5. ELECTRIC VEHICLE CREDIT AMOUNT AND APPLICATION AGAINST ALTERNATIVE MINIMUM TAX. (a) In General.--Subsection (a) of section 30 (relating to credit for qualified electric vehicles) is amended by striking ``10 percent of''. (b) Application Against Alternative Minimum Tax.--Section 30(b) (relating to limitations) is amended by striking paragraph (3). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 6. RATE OF TAX ON LIQUEFIED NATURAL GAS TO BE EQUIVALENT TO RATE OF TAX ON COMPRESSED NATURAL GAS. (a) In General.--Paragraph (3) of section 4041(a) (relating to diesel fuel and special motor fuels) is amended-- (1) by striking subparagraph (A) and inserting the following new subparagraph: ``(A) Imposition of tax.-- ``(i) In general.--There is hereby imposed a tax on compressed or liquefied natural gas-- ``(I) sold by any person to an owner, lessee, or other operator of a motor vehicle or motorboat for use as a fuel in such motor vehicle or motorboat, or ``(II) used by any person as a fuel in a motor vehicle or motorboat unless there was a taxable sale of such gas under subclause (I). ``(ii) Rate of tax.--The rate of tax imposed by this paragraph shall be-- ``(I) in the case of compressed natural gas, 48.54 cents per MCF (determined at standard temperature and pressure), and ``(II) in the case of liquefied natural gas, 4.3 cents per gallon.'', and (2) by inserting ``or liquefied'' after ``Compressed'' in the heading. (b) Conforming Amendments.-- (1) Paragraph (2) of section 4041(a)(2) is amended by striking ``other than a Kerosene'' and inserting ``other than liquefied natural gas, keresene''. (2) The heading for section 9503(f)(2)(D) is amended by inserting ``or liquefied'' after ``Compressed''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Clean-Fuel Vehicle Act of 1996 - Amends the Internal Revenue Code to revise the tax treatment for electric and other clean-fuel motor vehicles.

Clean-Fuel Vehicle Act of 1996

SECTION 1. FINDINGS AND DECLARATIONS. (a) Congress finds and declares the following: (1) The Russian Government has deliberately blocked the Ukrainian people's access to uncensored sources of information and has provided alternative news and information that is both inaccurate and inflammatory; (2) United States international programming exists to advance the United States interests and values by presenting accurate and comprehensive news and information, which is the foundation for democratic governance; (3) The opinions and views of the Ukrainian people, especially those people located in the eastern regions and Crimea, are not being accurately represented in Russian dominated mass media; (4) Russian forces have seized more than five television stations in Crimea and taken over transmissions, switching to a 24/ 7 Russian propaganda format; this increase in programming augments the already robust pro-Russian programming to Ukraine; (5) United States international programming has the potential to combat this anti-democratic propaganda. (b) Programming.--Radio Free Europe/Radio Liberty (RFE/RL), Incorporated, and the Voice of America service to Ukraine and neighboring regions shall-- (1) provide news and information that is accessible, credible, and accurate; (2) emphasize investigative and analytical journalism to highlight inconsistencies and misinformation provided by Russian or pro-Russian media outlets; (3) prioritize programming to areas where access to uncensored sources of information is limited or non-existent, especially populations serviced by Russian supported media outlets; (4) increase the number of reporters and organizational presence in eastern Ukraine, especially in Crimea; (5) promote democratic processes, respect for human rights, freedom of the press, and territorial sovereignty; and (6) take necessary preparatory steps to continue and increase programming and content that promotes democracy and government transparency in Russia. (c) Programming Surge.--RFE/RL, Incorporated, and Voice of America programming to Ukraine and neighboring regions shall-- (1) prioritize programming to eastern Ukraine, including Crimea, and Moldova, and to ethnic and linguistic Russian populations, as well as to Tatar minorities; (2) prioritize news and information that directly contributes to the target audiences' understanding of political and economic developments in Ukraine and Moldova, including countering misinformation that may originate from other news outlets, especially Russian supported news outlets; (3) provide programming content 24 hours a day, seven days a week to target populations, using all available and effective distribution outlets, including-- (A) at least 8 weekly hours of total original television and video content in Ukrainian, Russian, and Tatar languages, not inclusive of live video streaming coverage of breaking news, to be distributed on satellite, digital, and through regional television affiliates by the Voice of America; and (B) at least 14 weekly hours the total audio content in Ukrainian, Russian, and Tatar languages to be distributed on satellite, digital, and through regional radio affiliates of RFE/RL, Incorporated; (4) expand the use, audience, and audience engagement of mobile news and multimedia platforms by RFE/RL, Incorporated, and the Voice of America, including through Internet-based social networking platforms; and (5) partner with private sector broadcasters and affiliates to seek and start co-production for new, original content, when possible, to increase distribution. (d) Authorization of Appropriations.--There is authorized to be appropriated for fiscal year 2014, in addition to funds otherwise made available for such purposes, up to $10,000,000 to carry out programming in the Ukrainian, Balkan, Russian, and Tatar language services of RFE/ RL, Incorporated, and the Voice of America, for the purpose of bolstering existing United States programming to the people of Ukraine and neighboring regions, and increasing programming capacity and jamming circumvention technology to overcome any disruptions to service. (e) Report.--Not later than 15 days after the date of the enactment of this Act, the Broadcasting Board of Governors shall submit to the Committees on Foreign Affairs and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate a detailed report on plans to increase broadcasts pursuant to subsections (a) and (b). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. The expanded summary of the Senate passed version is repeated here.) Directs Radio Free Europe/Radio Liberty (RFE/RL), Incorporated, and the Voice of America (VOA) service to Ukraine and neighboring regions to: (1) provide accurate and accessible news and information; (2) emphasize investigative and analytical journalism to highlight misinformation provided by Russian or pro-Russian media outlets; (3) prioritize programming to target populations and areas where access to uncensored information is limited, especially populations serviced by Russian supported media outlets; (4) increase the number of reporters and organizational presence in eastern Ukraine, especially in Crimea; (5) promote democratic processes, human rights, freedom of the press, and territorial sovereignty; (6) increase programming and content services that promote democracy to Russia; (7) prioritize programming to eastern Ukraine, including Crimea, and Moldova, and to ethnic and linguistic Russian populations, as well as to Tatar minorities; (8) prioritize news and information that contribute to the target audiences' understanding of political and economic developments in Ukraine and Moldova; (9) partner with private sector broadcasters and affiliates to increase distribution; (10) expand the use and audience of mobile news and multimedia platforms, including through Internet-based social networking platforms; and (11) provide programming content 24 hours a day, 7 days a week to target populations, including specified programming in Ukrainian, Russian, and Tatar languages. Authorizes FY2014 appropriations for programming in the Ukrainian, Balkan, Russian, and Tatar language services of RFE/RL, Incorporated, and VOA to: (1) bolster programming to the people of Ukraine and neighboring regions, and (2) increase programming capacity and jamming circumvention technology. Requires the Broadcasting Board of Governors to report to Congress on plans to increase broadcasts.

A bill entitled "United States International Programming to Ukraine and Neighboring Regions".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore our Neighborhoods Act of 2013''. SEC. 2. CREDIT TO HOLDERS OF QUALIFIED URBAN DEMOLITION BONDS. (a) In General.--Subpart I 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. 54G. QUALIFIED URBAN DEMOLITION BONDS. ``(a) Qualified Urban Demolition Bond.--For purposes of this subchapter, the term `qualified urban demolition bond' means any bond issued as part of an issue if-- ``(1) 100 percent of the available project proceeds of such issue are to be used for expenditures incurred after the date of the enactment of this section for 1 or more qualified projects pursuant to an allocation of such proceeds to such project or projects by a qualified issuer, ``(2) the bond is issued by a qualified issuer and is in registered form (within the meaning of section 149(a)), ``(3) the qualified issuer designates such bond for purposes of this section, ``(4) the term of each bond which is part of such issue does not exceed 30 years, ``(5) such bond is issued during the 5-year period beginning on the date of the enactment of this section, and ``(6) the issue meets the requirements of subsection (e). ``(b) Limitation on Amount of Bonds Designated.-- ``(1) In general.--The maximum aggregate face amount of bonds which may be designated under subsection (a) by a State shall not exceed the qualified urban demolition bond limitation amount allocated to such State under paragraph (3). ``(2) National qualified urban demolition bond limitation amount.--There is a national qualified urban demolition bond limitation amount of $4,000,000,000. ``(3) Allocation to states.-- ``(A) In general.--The national qualified urban demolition bond limitation shall be allocated by the Secretary among the States on the following basis and in such manner so as to ensure that all of such limitation amount is allocated before the date which is 3 months after the date of the enactment of this section: ``(i) $2,000,000,000 to be allocated among the qualified States in accordance with subparagraph (B), and ``(ii) $2,000,000,000 to be equally allocated among all States. ``(B) Formula for allocation among qualified states.-- ``(i) In general.--The amount allocated to a State under subparagraph (A)(i) shall be an amount equal to the amount specified in subparagraph (A)(i) multiplied by the ratio that the nonseasonal vacant properties in the State bears to the total nonseasonal vacant properties of all qualified States. ``(ii) Nonseasonal vacant properties.--For purposes of clause (i), nonseasonal vacant properties shall be determined by the Secretary on the basis of 2010 decennial census. ``(4) Allocation of limitation amount by states.--The limitation amount allocated to a State under paragraph (3) shall be allocated by the State to qualified issuers within such State. ``(5) Reallocation of unused issuance limitation.--If at the end of the 2-year period beginning on the date of the enactment of this section, the national qualified urban demolition bond limitation amount under paragraph (2) exceeds the total amount of qualified urban demolition bonds issued during such period, such excess shall be reallocated among the qualified States in such manner as the Secretary determines appropriate so as to ensure to the extent possible that all of such limitation amount is issued in the form of qualified urban demolition bonds before the end of the 5-year period beginning on the date of the enactment of this section. ``(c) Qualified Project.--For purposes of this section, the term `qualified project' means the direct and indirect demolition costs properly attributable to any project proposed and approved by a qualified issuer, but does not include costs of operation or maintenance with respect to such project. ``(d) Applicable Credit Rate.--In lieu of section 54A(b)(3), for purposes of section 54A(b)(2), the applicable credit rate with respect to an issue under this section is the rate equal to an average market yield (as of the day before the date of sale of the issue) on outstanding long-term corporate debt obligations (determined in such manner as the Secretary prescribes). ``(e) Special Rules Relating to Expenditures.--In lieu of subparagraphs (A) and (B) of section 54A(d)-- ``(1) In general.--An issue shall be treated as meeting the requirements of this subsection if, as of the date of issuance, the qualified issuer reasonably expects-- ``(A) at least 100 percent of the available project proceeds of such issue are to be spent for 1 or more qualified projects within the 5-year expenditure period beginning on such date, and ``(B) to incur a binding commitment with a third party to spend at least 10 percent of the proceeds of such issue with respect to such projects within the 12- month period beginning on such date. ``(2) Rules regarding continuing compliance after 5-year determination.--To the extent that less than 100 percent of the available project proceeds of such issue are expended by the close of the 5-year expenditure period beginning on the date of issuance, the qualified issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(f) Recapture of Portion of Credit Where Cessation of Compliance.--If any bond which when issued purported to be a qualified urban demolition bond ceases to be such a bond, the qualified issuer shall pay to the United States (at the time required by the Secretary) an amount equal to the sum of-- ``(1) the aggregate of the credits allowable under section 54A with respect to such bond (determined without regard to section 54A(c)) for taxable years ending during the calendar year in which such cessation occurs and each succeeding calendar year ending with the calendar year in which such bond is redeemed by the land bank, and ``(2) interest at the underpayment rate under section 6621 on the amount determined under paragraph (1) for each calendar year for the period beginning on the first day of such calendar year. ``(g) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified issuer.--The term `qualified issuer' means-- ``(A) a State-authorized land bank, or ``(B) with respect a State that does not have one or more State-authorized land banks, the State or any political subdivision or instrumentality thereof. ``(2) State-authorized land bank.--The term `State- authorized land bank' means a special unit of government or public purpose corporation-- ``(A) expressly charged under State law with the reclamation, repurposing and redevelopment of vacant and abandoned land, ``(B) enabled under State law to conduct large scale demolition projects, ``(C) organized in a State which has enacted legislation allowing for the expedited tax foreclosure of vacant, abandoned, and tax delinquent property, and ``(D) which may include a joint venture among 2 or more State-authorized land banks or among other entities with whom such special unit of government or public purpose corporation is authorized to enter into a joint venture. ``(3) Qualified state.--The term `qualified State' means a State-- ``(A) in which at least 49 percent of the State's total housing units in the State were built before 1980, according to the 2010 census, and ``(B) which meets 3 of the following 4 requirements: ``(i) The State ranks in the top 20 among all States in percentage change in nonseasonal vacancies in the time period between the 2000 decennial census and the 2010 decennial census. ``(ii) The State ranks in the top 25 among all States in unemployment rate (seasonally adjusted) for the most recent January through November period beginning before the issuance of the qualified urban demolition bond. ``(iii) The State ranks in the top 25 among all States in percentages of mortgages in foreclosure for the 3rd quarter of 2012. ``(iv) The State ranks in the top 20 among all States in the lowest percentage change in population growth in the time period between the 2000 decennial census and the 2010 decennial census. ``(4) Credits may be transferred.--Notwithstanding in any law or rule of law shall be construed to limit the transferability of the credit or bond allowed by this section through sale and repurchase agreements.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 54A(d) of such Code is amended by striking ``or'' at the end of subparagraph (D), by inserting ``or'' at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: ``(E) a qualified urban demolition bond,''. (2) Subparagraph (C) of section 54A(d)(2) is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by adding at the end the following new clause: ``(vi) in the case of a qualified urban demolition bond, a purpose specified in section 54G(a)(1).''. (3) The table of sections for subpart I of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 54G. Qualified urban demolition bonds.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 3. USE OF HARDEST HIT FUND AMOUNTS FOR DEMOLITION ACTIVITIES. (a) Authority.--Notwithstanding any provision of title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.), any regulation, guidance, order, or other directive of the Secretary of the Treasury, or any agreement (or amendment thereto) entered into under the Hardest Hit Fund program of the Secretary under such title I, any amounts of assistance that have been, or are, allocated for or provided to a State or State agency through the Hardest Hit Fund program may be used, without limitation, to demolish blighted structures. (b) Failure To Use HHF Amounts.--If, upon the expiration of the 24- month period beginning on the date of the enactment of this Act, any State or State agency is holding any amounts of assistance described in subsection (a) or any amounts of such assistance allocated for such State or State agency have not been disbursed to such State or agency, the Secretary shall remit to the Treasury an amount equal to 25 percent of the aggregate amount, as of such date, of such held and undisbursed funds. The Secretary shall recapture from such State or State agency any amounts of such held funds necessary to carry out this subsection.

Restore our Neighborhoods Act of 2013 - Amends the Internal Revenue Code to establish a new category of tax credit bonds to be known as qualified urban demolition bonds. Allows the issuance of $4 billion of such bonds for the purpose of demolishing vacant, abandoned, and tax delinquent properties in urban areas. Provides for the allocation of $2 billion to all states to fund such demolition projects, and an additional $2 billion for certain other states in which at least 49% of total housing units were built before 1980 and which have greater numbers of vacant or foreclosed properties and higher unemployment rates (qualified states). Authorizes the use of funds from the Hardest Hit Fund program established by title I of the Emergency Economic Stabilization Act to be used to demolish blighted structures.

Restore our Neighborhoods Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Injury, Illness, and Fatality Reporting Act of 2009''. SEC. 2. REGULATIONS AND REPORTING. (a) Regulations.--Not later than 12 months after the date of the enactment of this Act, pursuant to section 8(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657(c)), the Secretary of Labor shall prescribe regulations requiring large employers, for each establishment of each such employer, to maintain accurate records of, and to make periodic and certified reports, not less than annually, to the Secretary of Labor on-- (1) the numbers and rates of work-related deaths, injuries, and illnesses (as such terms are defined in section 1904 of title 29 Code of Federal Regulations (as in effect on the date of the enactment of this Act)); and (2) compliance data, including-- (A) the inspection number of each inspection conducted by the Secretary under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) or a State pursuant to a State plan approved under section 18(c) of such Act (29 U.S.C. 667(c)); (B) the opening date of such inspection; and (C) the total number of violations and any citations issued as a result of such violations under such Act by the Secretary or State following such inspection. (b) Identification of Each Establishment.--The regulations described in subsection (a) shall require each large employer to identify on all records and reports-- (1) each establishment of such large employer; and (2) whether an establishment has been acquired, sold, or transferred since the last report filed under subsection (a) by the large employer of such establishment. (c) Reporting.--Not later than 6 months after the deadline of the submission of the reports described in subsection (a), pursuant to section 8(g)(1), the Secretary of Labor shall post all such reports on the Department of Labor website. SEC. 3. ENFORCEMENT. Notwithstanding the provisions of section 18(e) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667(e)), the Secretary shall issue citations pursuant to section 9 of such Act (29 U.S.C. 658) to any large employer, including such large employers with establishments in States with an approved State plan under section 18(c) of such Act (29 U.S.C. 667(c)), for violations of any of the reporting requirements described in section 2. SEC. 4. DEFINITIONS. In this Act: (1) Construction industry.--The term ``construction industry'' means the industry identified by the 2007 North American Industry Classification System Code as industry code 23 (as published by the Bureau of the Census). (2) Employee.--The term ``employee'' has the meaning given such term in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651). (3) Employer.--The term ``employer'' has the meaning given such term in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651), except that such term does not include an employer in the construction industry. (4) Establishment.--The term ``establishment''-- (A) has the meaning given such term in section 1904.46 of title 29 Code of Federal Regulations (as in effect on the date of the enactment of this Act), except that such term does not include an establishment with fewer than 10 employees or that is in the construction industry; or (B) means a subsidiary corporation, except that such term does not include a subsidiary corporation in the construction industry, and each of its establishments (as defined in subparagraph A) and subsidiary corporations that are not in the construction industry. (5) Inspection number.--The term ``inspection number'' means the number the Secretary or other authorized individual assigns to an inspection conducted under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) or section 18 of such Act (29 U.S.C. 667). (6) Large employer.--The term ``large employer'' means an employer that-- (A) employs not fewer than 500 employees; and (B) owns and controls more than 1 establishment. (7) Opening date.--The term ``opening date'' means the first date of an inspection conducted under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) or section 18 of such Act (29 U.S.C. 667). (8) Subsidiary corporation.--The term ``subsidiary corporation'' means a corporation where another corporation (such as a large employer) owns all, or more than 50 percent, of the stock of such corporation.

Corporate Injury, Illness, and Fatality Reporting Act of 2009 - Requires the Secretary of Labor to prescribe regulations requiring large employers, for each of their establishments, to maintain accurate records of, and make periodic and certified reports at least annually on: (1) the numbers and rates of work-related deaths, injuries, and illnesses; and (2) compliance data, including inspection numbers and dates and the total number of violations and citations issued following inspections. Requires each large employer to identify on all records and reports each establishment and whether one has been acquired, sold, or transferred since the last report required under this Act. Requires the Secretary to issue citations under the Occupational Safety and Health Act of 1970 to any large employer, including those with establishments in states with an approved state plan for development and enforcement of standards, for violations of any of this Act's reporting requirements. Excludes from the meaning of "establishment" a place where business is conducted that has fewer than 10 employees or that is in the construction industry.

To require the Secretary of Labor to prescribe regulations requiring employers with more than one establishment and not fewer than 500 employees to report work-related deaths, injuries, and illnesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011''. SEC. 2. ESTABLISHMENT AND COMPOSITION. (a) Terms.--Section 201(c) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(c)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) In general.--The term of office of each member of the Commission shall be 2 years. An individual, including any member appointed to the Commission prior to the date of the enactment of the United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011, shall not serve more than 2 terms as a member of the Commission under any circumstance. For any member serving on the Commission on such date who has completed at least 2 full terms on the Commission, such member's term shall expire 90 days after such date. A member of the Commission may not serve after the expiration of that member's term.''; and (2) by adding at the end the following new paragraph: ``(3) Ineligibility for reappointment.--If a member of the Commission attends, by being physically present or by conference call, less than 75 percent of the meetings of the Commission during one of that member's terms on the Commission, the member shall not be eligible for reappointment to the Commission.''. (b) Election of Chair.--Section 201(d) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(d)) is amended by inserting at the end the following: ``No member of the Commission is eligible to be elected as Chair of the Commission for a second, consecutive term.''. (c) Application of Federal Travel Regulation and Department of State Standardized Regulations to the Commission.--Section 201(i) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(i)) is amended by adding at the end the following: ``Members of the Commission are subject to the requirements set forth in chapters 300 through 304 of title 41, Code of Federal Regulations (commonly known as the `Federal Travel Regulation') and the Department of State Standardized Regulations governing authorized travel at government expense, including regulations concerning the mode of travel, lodging and per diem expenditures, reimbursement payments, and expense reporting and documentation requirements.''. SEC. 3. APPLICATION OF ANTIDISCRIMINATION LAWS. (a) In General.--Section 204 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432b) is amended by inserting after subsection (f) the following new subsection: ``(g) Application of Antidiscrimination Laws.--For purposes of providing remedies and procedures to address alleged violations of rights and protections that pertain to employment discrimination, family and medical leave, fair labor standards, employee polygraph protection, worker adjustment and retraining, veterans' employment and reemployment, intimidation or reprisal, protections under the Americans with Disabilities Act of 1990, occupational safety and health, labor- management relations, and rights and protections that apply to employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, all employees of the Commission shall be treated as employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives and the Commission shall be treated as an employing office of the Senate or the House of Representatives.''. (b) Pending Claims.--Any administrative or judicial claim or action pending on the date of the enactment of this Act may be maintained under section 204(g) of the International Religious Freedom Act of 1998, as added by subsection (a). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 207(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6435(a)) is amended by striking ``for the fiscal year 2003'' and inserting ``for each of the fiscal years 2012 through 2014''. SEC. 5. STANDARDS OF CONDUCT AND DISCLOSURE. Section 208 of the International Religious Freedom Act of 1998 (22 U.S.C. 6435a) is amended-- (1) in subsection (c)(1), by striking ``$100,000'' and inserting ``$250,000''; and (2) in subsection (e), by striking ``International Relations'' and inserting ``Foreign Affairs''. SEC. 6. TERMINATION. Section 209 of the International Religious Freedom Act of 1998 (22 U.S.C. 6436) is amended by striking ``September 30, 2011'' and inserting ``September 30, 2014''. SEC. 7. REPORT ON EFFECTIVENESS OF PROGRAMS TO PROMOTE RELIGIOUS FREEDOM. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the implementation of this Act and the amendments made by this Act. (b) Consultation.--The Comptroller General shall consult with the appropriate congressional committees and nongovernmental organizations for purposes of preparing the report. (c) Matters To Be Included.--The report shall include the following: (1) A review of the effectiveness of all United States Government programs to promote international religious freedom, including their goals and objectives. (2) An assessment of the roles and functions of the Office on International Religious Freedom established in section 101(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6411(a)) and the relationship of the Office to other offices in the Department of State. (3) A review of the role of the Ambassador at Large for International Religious Freedom appointed under section 101(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6411(b)) and the placement of such position within the Department of State. (4) A review and assessment of the goals and objectives of the United States Commission on International Religious Freedom established under section 201(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(a)). (5) A comparative analysis of the structure of the United States Commission on International Religious Freedom as an independent non-partisan entity in relation to other United States advisory commissions, whether or not such commissions are under the direct authority of Congress. (6) A review of the relationship between the Ambassador at Large for International Religious Freedom and the United States Commission on International Religious Freedom, and possible reforms that would improve the ability of both to reach their goals and objectives. (d) Definition.--In this section, the term ``appropriate congressional committees'' has the meaning given the term in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was amended by the Senate on December 13, 2011. The summary of that version is repeated here.) United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011 - (Sec. 2) Amends the International Religious Freedom Act of 1998 to prohibit any individual (including members appointed prior to enactment of this Act) from serving more than two terms as a member of the U.S. Commission on International Religious Freedom. Requires, for any member serving on the date of enactment of this Act who has completed at least two full terms, that such member's term expire 90 days after such enactment. Bars a member from serving after the expiration of that member's term. Prohibits: (1) a member attending less than 75% of the meetings during one of such member's terms from being eligible for reappointment, and (2) a member from being eligible to be elected as Chair of the Commission for a second, consecutive term. Subjects members to specified Department of State and federal travel regulations governing authorized travel at government expense. (Sec. 3) Requires, for purposes of providing remedies and procedures to address alleged violations of rights and protections that pertain to various specified antidiscrimination laws, that all employees of the Commission be treated as employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives and that the Commission be treated as an employing office of the Senate or House. Authorizes such treatment for any administrative or judicial claim or action pending on the date of enactment of this Act. (Sec. 4) Authorizes appropriations of $3 million for each of FY2012-FY2014. (Sec. 5) Increases to $250,000 the maximum amount the Commission may expend in any fiscal year to procure temporary or intermittent services contracts for the conduct of certain activities necessary to Commission functions. (Sec. 6) Extends the Commission's termination date to September 30, 2014. (Sec. 7) Directs the Comptroller General to: (1) review the effectiveness of federal programs to promote international religious freedom; (2) assess the roles and functions of the Office on International Religious Freedom, the relationship to other offices in the Department of State, and the role of the Ambassador at Large; (3) analyze the Commission's structure as an independent nonpartisan entity in relation to other U.S. advisory commissions; and (4) review the relationship between the Ambassador at Large and the Commission.

To reauthorize the International Religious Freedom Act of 1998, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The HAMP Termination Act of 2011''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) According to the Department of the Treasury-- (A) the Home Affordable Modification Program (HAMP) is designed to ``help as many as 3 to 4 million financially struggling homeowners avoid foreclosure by modifying loans to a level that is affordable for borrowers now and sustainable over the long term''; and (B) as of February 2011, only 607,600 active permanent mortgage modifications were made under HAMP. (2) Many homeowners whose HAMP modifications were canceled suffered because they made futile payments and some of those homeowners were even forced into foreclosure. (3) The Special Inspector General for TARP reported that HAMP ``benefits only a small portion of distressed homeowners, offers others little more than false hope, and in certain cases causes more harm than good''. (4) Approximately $30 billion was obligated by the Department of the Treasury to HAMP, however, approximately only $840 million has been disbursed. (5) Terminating HAMP would save American taxpayers approximately $1.4 billion, according to the Congressional Budget Office. SEC. 3. TERMINATION OF AUTHORITY. Section 120 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5230) is amended by adding at the end the following new subsection: ``(c) Termination of Authority To Provide New Assistance Under the Home Affordable Modification Program.-- ``(1) In general.--Except as provided under paragraph (2), after the date of the enactment of this subsection the Secretary may not provide any assistance under the Home Affordable Modification Program under the Making Home Affordable initiative of the Secretary, authorized under this Act, on behalf of any homeowner. ``(2) Protection of existing obligations on behalf of homeowners already extended an offer to participate in the program.--Paragraph (1) shall not apply with respect to assistance provided on behalf of a homeowner who, before the date of the enactment of this subsection, was extended an offer to participate in the Home Affordable Modification Program on a trial or permanent basis. ``(3) Deficit reduction.-- ``(A) Use of unobligated funds.--Notwithstanding any other provision of this title, the amounts described in subparagraph (B) shall not be available after the date of the enactment of this subsection for obligation or expenditure under the Home Affordable Modification Program of the Secretary, but should be covered into the General Fund of the Treasury and should be used only for reducing the budget deficit of the Federal Government. ``(B) Identification of unobligated funds.--The amounts described in this subparagraph are any amounts made available under title I of the Emergency Economic Stabilization Act of 2008 that-- ``(i) have been allocated for use, but not yet obligated as of the date of the enactment of this subsection, under the Home Affordable Modification Program of the Secretary; and ``(ii) are not necessary for providing assistance under such Program on behalf of homeowners who, pursuant to paragraph (2), may be provided assistance after the date of the enactment of this subsection. ``(4) Study of use of program by members of the armed forces, veterans, and gold star recipients.-- ``(A) Study.--The Secretary shall conduct a study to determine the extent of usage of the Home Affordable Modification Program by, and the impact of such Program on, covered homeowners. ``(B) Report.--Not later than the expiration of the 90-day period beginning on the date of the enactment of this subsection, the Secretary shall submit to the Congress a report setting forth the results of the study under subparagraph (A) and identifying best practices, derived from studying the Home Affordable Modification Program, that could be applied to existing mortgage assistance programs available to covered homeowners. ``(C) Covered homeowner.--For purposes of this subsection, the term `covered homeowner' means a homeowner who is-- ``(i) a member of the Armed Forces of the United States on active duty or the spouse or parent of such a member; ``(ii) a veteran, as such term is defined in section 101 of title 38, United States Code; or ``(iii) eligible to receive a Gold Star lapel pin under section 1126 of title 10, United States Code, as a widow, parent, or next of kin of a member of the Armed Forces person who died in a manner described in subsection (a) of such section. ``(5) Publication of member availability for assistance.-- Not later than 5 days after the date of the enactment of this subsection, the Secretary of the Treasury shall publish to its Website on the World Wide Web in a prominent location, large point font, and boldface type the following statement: `The Home Affordable Modification Program (HAMP) has been terminated. If you are having trouble paying your mortgage and need help contacting your lender or servicer for purposes of negotiating or acquiring a loan modification, please contact your Member of Congress to assist you in contacting your lender or servicer for the purpose of negotiating or acquiring a loan modification.'. ``(6) Notification to hamp applicants required.-- ``(A) In general.--Not later than 30 days after the date of the enactment of this subsection, the Secretary of the Treasury shall inform each individual who applied for the Home Affordable Modification Program and will not be considered for a modification under such Program due to termination of such Program under this subsection-- ``(i) that such Program has been terminated; ``(ii) that loan modifications under such Program are no longer available; ``(iii) of the name and contact information of such individual's Member of Congress; and ``(iv) that the individual should contact his or her Member of Congress to assist the individual in contacting the individual's lender or servicer for the purpose of negotiating or acquiring a loan modification.''. SEC. 4. SENSE OF CONGRESS. The Congress encourages banks to work with homeowners to provide loan modifications to those that are eligible. The Congress also encourages banks to work and assist homeowners and prospective homeowners with foreclosure prevention programs and information on loan modifications. Passed the House of Representatives March 29, 2011. Attest: KAREN L. HAAS, Clerk.

HAMP Termination Act of 2011 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to terminate the authority of the Secretary of the Treasury to provide new mortgage modification assistance under the Home Affordable Modification Program (HAMP), except with respect to existing obligations on behalf of homeowners already extended an offer to participate in the program. Declares unavailable after the enactment of this Act for obligation or expenditure under HAMP any amounts made available for HAMP under EESA title I that: (1) have been allocated for use but not yet obligated, and (2) are not necessary for providing HAMP assistance on behalf of those homeowners already extended an offer to participate in HAMP. Urges that such amounts be covered into the General Fund of the Treasury for use only in reducing the budget deficit of the federal government. Directs the Secretary to study: (1) the extent to which HAMP is used by homeowners who are active duty members of the Armed Forces (or their spouses or parents), veterans, or Gold Star-eligible widows, parents, or next of kin of Armed Forces members who died in military operations; and (2) the impact of the program on them. Requires the Secretary to publish on the departmental website a statement as to: (1) termination of HAMP; and (2) the availability of a Member of Congress to assist any borrower having trouble paying a mortgage and needing help contacting the borrower's lender or servicer to negotiate or acquire a loan modification. Requires the Secretary to give notice of this information to each individual who applied for HAMP and will not be considered for a mortgage modification because of the program's termination. Declares that Congress encourages banks to work with homeowners to: (1) provide loan modifications to those that are eligible, and (2) assist them as well as prospective homeowners with foreclosure prevention programs and information on loan modifications.

To amend the Emergency Economic Stabilization Act of 2008 to terminate the authority of the Secretary of the Treasury to provide new assistance under the Home Affordable Modification Program, while preserving assistance to homeowners who were already extended an offer to participate in the Program, either on a trial or permanent basis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caregiver Tax Relief Act of 2008''. SEC. 2. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. (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 inserting after section 35 the following new section: ``SEC. 35A. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable credit amount multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. ``(2) Applicable credit amount.--For purposes of paragraph (1), the applicable credit amount shall be $2,500. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $150,000 in the case of a joint return, and ``(B) $75,000 in any other case. ``(3) Indexing.--In the case of any taxable year beginning in a calendar year after 2009, each dollar amount contained in paragraph (2) shall be increased by an amount equal to the product of-- ``(A) such dollar amount; and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2008' for `1996' in subclause (II) 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. ``(c) Definitions.--For purposes of this section: ``(1) Applicable individual.-- ``(A) In general.--The term `applicable individual' means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 39\1/2\ month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements. ``(B) Individuals with long-term care needs.--An individual is described in this subparagraph if the individual meets any of the following requirements: ``(i) The individual is at least 18 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(ii) The individual is at least 6 but not 18 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities, ``(III) has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or ``(IV) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care. ``(iii) The individual is at least 2 but not 6 years of age and-- ``(I) is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility, ``(II) has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or ``(III) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care. ``(iv) The individual is under 2 years of age and-- ``(I) requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent, ``(II) has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or ``(III) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care. ``(v) The individual has 5 or more chronic conditions (as defined in subparagraph (C)) and is unable to perform (without substantial assistance from another individual) at least 1 activity of daily living (as so defined) due to a loss of functional capacity. ``(C) Chronic condition.--For purposes of this paragraph, the term `chronic condition' means a condition that lasts for at least 6 consecutive months and requires ongoing medical care. ``(2) Eligible caregiver.-- ``(A) In general.--A taxpayer shall be treated as an eligible caregiver for any taxable year with respect to each of the following individuals: ``(i) The taxpayer. ``(ii) The taxpayer's spouse. ``(iii) An individual who is a qualifying child (as defined in section 152(c)) or a qualifying relative (as defined in section 152(d)) with respect to whom the taxpayer is allowed a deduction under section 151(c) for the taxable year. ``(iv) An individual who would be a qualifying relative described in clause (iii) for the taxable year if section 152(d)(1)(B) were applied by substituting for the exemption amount an amount equal to the sum of the exemption amount, the standard deduction under section 63(c)(2)(C), and any additional standard deduction under section 63(c)(3) which would be applicable to the individual if clause (iii) applied. ``(v) An individual who would be a qualifying relative described in clause (iii) for the taxable year if-- ``(I) the requirements of clause (iv) are met with respect to the individual; and ``(II) the requirements of subparagraph (B) are met with respect to the individual in lieu of the support test of section 152(d)(1)(C). ``(B) Residency test.--The requirements of this subparagraph are met if an individual has as his principal place of abode the home of the taxpayer and-- ``(i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer's spouse, is a member of the taxpayer's household for over half the taxable year, or ``(ii) in the case of any other individual, is a member of the taxpayer's household for the entire taxable year. ``(C) Special rules where more than 1 eligible caregiver.-- ``(i) In general.--If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. ``(ii) No agreement.--If each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in section 32(c)(5) (as in effect on the day before the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001)) shall be treated as the eligible caregiver. ``(iii) Married individuals filing separately.--In the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)). ``(d) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of tax for the taxable year. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. ``(f) Citizens or Nationals of Other Countries.-- ``(1) In general.--The terms `applicable individual' and `eligible caregiver' do not include an individual who is not a citizen or national of the United States unless such individual is a resident alien (as defined in section 7702(b)). ``(2) Exception for adopted child.--Paragraph (1) shall not exclude any child of a taxpayer (within the meaning of section 151(f)(1)(B)) if-- ``(A) for the taxable year of the taxpayer, the child has the same principal place of abode as the taxpayer and is a member of the taxpayer's household, and ``(B) the taxpayer is a citizen, national, or resident alien of the United States.''. (b) Conforming Amendments.-- (1) Section 6213(g)(2) of such Code is amended by striking ``and'' at the end of subparagraph (L)(ii), by striking the period at the end of subparagraph (M) and inserting ``, and'', and by inserting after subparagraph (M) the following new subparagraph: ``(N) an omission of a correct TIN or physician identification required under section 35A(d) (relating to credit for taxpayers with long-term care needs) to be included on a return.''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 35 the following new item: ``Sec. 35A. Credit for taxpayers with long-term care needs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Caregiver Tax Relief Act of 2008 - Amends the Internal Revenue Code to allow caregivers of family members or dependents with long-term care needs a refundable income-based tax credit of $2,500 for each such family member or dependent.

To amend the Internal Revenue Code of 1986 to provide a refundable credit for taxpayers with long-term care needs.

SECTION 1. SHORT TITLE. This title may be cited as the ``Human Exploitation Rescue Operations Act of 2015'' or the ``HERO Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) The illegal market for the production and distribution of child abuse imagery is a growing threat to children in the United States. International demand for this material creates a powerful incentive for the rape, abuse, and torture of children within the United States. (2) The targeting of United States children by international criminal networks is a threat to the homeland security of the United States. This threat must be fought with trained personnel and highly specialized counter-child- exploitation strategies and technologies. (3) The United States Immigration and Customs Enforcement of the Department of Homeland Security serves a critical national security role in protecting the United States from the growing international threat of child exploitation and human trafficking. (4) The Cyber Crimes Center of the United States Immigration and Customs Enforcement is a vital national resource in the effort to combat international child exploitation, providing advanced expertise and assistance in investigations, computer forensics, and victim identification. (5) The returning military heroes of the United States possess unique and valuable skills that can assist law enforcement in combating global sexual and child exploitation, and the Department of Homeland Security should use this national resource to the maximum extent possible. (6) Through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program, the returning military heroes of the United States are trained and hired to investigate crimes of child exploitation in order to target predators and rescue children from sexual abuse and slavery. SEC. 3. CYBER CRIMES CENTER, CHILD EXPLOITATION INVESTIGATIONS UNIT, AND COMPUTER FORENSICS UNIT. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following: ``SEC. 890A. CYBER CRIMES CENTER, CHILD EXPLOITATION INVESTIGATIONS UNIT, COMPUTER FORENSICS UNIT, AND CYBER CRIMES UNIT. ``(a) Cyber Crimes Center.-- ``(1) In general.--The Secretary shall operate, within United States Immigration and Customs Enforcement, a Cyber Crimes Center (referred to in this section as the `Center'). ``(2) Purpose.--The purpose of the Center shall be to provide investigative assistance, training, and equipment to support United States Immigration and Customs Enforcement's domestic and international investigations of cyber-related crimes. ``(b) Child Exploitation Investigations Unit.-- ``(1) In general.--The Secretary shall operate, within the Center, a Child Exploitation Investigations Unit (referred to in this subsection as the `CEIU'). ``(2) Functions.--The CEIU-- ``(A) shall coordinate all United States Immigration and Customs Enforcement child exploitation initiatives, including investigations into-- ``(i) child exploitation; ``(ii) child pornography; ``(iii) child victim identification; ``(iv) traveling child sex offenders; and ``(v) forced child labor, including the sexual exploitation of minors; ``(B) shall, among other things, focus on-- ``(i) child exploitation prevention; ``(ii) investigative capacity building; ``(iii) enforcement operations; and ``(iv) training for Federal, State, local, tribal, and foreign law enforcement agency personnel, upon request; ``(C) shall provide training, technical expertise, support, or coordination of child exploitation investigations, as needed, to cooperating law enforcement agencies and personnel; ``(D) shall provide psychological support and counseling services for United States Immigration and Customs Enforcement personnel engaged in child exploitation prevention initiatives, including making available other existing services to assist employees who are exposed to child exploitation material during investigations; ``(E) is authorized to collaborate with the Department of Defense and the National Association to Protect Children for the purpose of the recruiting, training, equipping and hiring of wounded, ill, and injured veterans and transitioning service members, through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program; and ``(F) shall collaborate with other governmental, nongovernmental, and nonprofit entities approved by the Secretary for the sponsorship of, and participation in, outreach and training activities. ``(3) Data collection.--The CEIU shall collect and maintain data concerning-- ``(A) the total number of suspects identified by United States Immigration and Customs Enforcement; ``(B) the number of arrests by United States Immigration and Customs Enforcement, disaggregated by type, including-- ``(i) the number of victims identified through investigations carried out by United States Immigration and Customs Enforcement; and ``(ii) the number of suspects arrested who were in positions of trust or authority over children; ``(C) the number of cases opened for investigation by United States Immigration and Customs Enforcement; and ``(D) the number of cases resulting in a Federal, State, foreign, or military prosecution. ``(4) Availability of data to congress.--In addition to submitting the reports required under paragraph (7), the CEIU shall make the data collected and maintained under paragraph (3) available to the committees of Congress described in paragraph (7). ``(5) Cooperative agreements.--The CEIU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraphs (2) and (3). ``(6) Acceptance of gifts.-- ``(A) In general.--The Secretary is authorized to accept monies and in-kind donations from the Virtual Global Taskforce, national laboratories, Federal agencies, not-for-profit organizations, and educational institutions to create and expand public awareness campaigns in support of the functions of the CEIU. ``(B) Exemption from federal acquisition regulation.--Gifts authorized under subparagraph (A) shall not be subject to the Federal Acquisition Regulation for competition when the services provided by the entities referred to in such subparagraph are donated or of minimal cost to the Department. ``(7) Reports.--Not later than 1 year after the date of the enactment of the HERO Act of 2015, and annually for the following 4 years, the CEIU shall-- ``(A) submit a report containing a summary of the data collected pursuant to paragraph (3) during the previous year to-- ``(i) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(ii) the Committee on the Judiciary of the Senate; ``(iii) the Committee on Appropriations of the Senate; ``(iv) the Committee on Homeland Security of the House of Representatives; ``(v) the Committee on the Judiciary of the House of Representatives; and ``(vi) the Committee on Appropriations of the House of Representatives; and ``(B) make a copy of each report submitted under subparagraph (A) publicly available on the website of the Department. ``(c) Computer Forensics Unit.-- ``(1) In general.--The Secretary shall operate, within the Center, a Computer Forensics Unit (referred to in this subsection as the `CFU'). ``(2) Functions.--The CFU-- ``(A) shall provide training and technical support in digital forensics to-- ``(i) United States Immigration and Customs Enforcement personnel; and ``(ii) Federal, State, local, tribal, military, and foreign law enforcement agency personnel engaged in the investigation of crimes within their respective jurisdictions, upon request and subject to the availability of funds; ``(B) shall provide computer hardware, software, and forensic licenses for all computer forensics personnel within United States Immigration and Customs Enforcement; ``(C) shall participate in research and development in the area of digital forensics, in coordination with appropriate components of the Department; and ``(D) is authorized to collaborate with the Department of Defense and the National Association to Protect Children for the purpose of recruiting, training, equipping, and hiring wounded, ill, and injured veterans and transitioning service members, through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program. ``(3) Cooperative agreements.--The CFU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2). ``(4) Acceptance of gifts.-- ``(A) In general.--The Secretary is authorized to accept monies and in-kind donations from the Virtual Global Task Force, national laboratories, Federal agencies, not-for-profit organizations, and educational institutions to create and expand public awareness campaigns in support of the functions of the CFU. ``(B) Exemption from federal acquisition regulation.--Gifts authorized under subparagraph (A) shall not be subject to the Federal Acquisition Regulation for competition when the services provided by the entities referred to in such subparagraph are donated or of minimal cost to the Department. ``(d) Cyber Crimes Unit.-- ``(1) In general.--The Secretary shall operate, within the Center, a Cyber Crimes Unit (referred to in this subsection as the `CCU'). ``(2) Functions.--The CCU-- ``(A) shall oversee the cyber security strategy and cyber-related operations and programs for United States Immigration and Customs Enforcement; ``(B) shall enhance United States Immigration and Customs Enforcement's ability to combat criminal enterprises operating on or through the Internet, with specific focus in the areas of-- ``(i) cyber economic crime; ``(ii) digital theft of intellectual property; ``(iii) illicit e-commerce (including hidden marketplaces); ``(iv) Internet-facilitated proliferation of arms and strategic technology; and ``(v) cyber-enabled smuggling and money laundering; ``(C) shall provide training and technical support in cyber investigations to-- ``(i) United States Immigration and Customs Enforcement personnel; and ``(ii) Federal, State, local, tribal, military, and foreign law enforcement agency personnel engaged in the investigation of crimes within their respective jurisdictions, upon request and subject to the availability of funds; ``(D) shall participate in research and development in the area of cyber investigations, in coordination with appropriate components of the Department; and ``(E) is authorized to recruit participants of the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program for investigative and forensic positions in support of the functions of the CCU. ``(3) Cooperative agreements.--The CCU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''. (b) Table of Contents Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by adding after the item relating to section 890 the following: ``Sec. 890A. Cyber crimes center, child exploitation investigations unit, computer forensics unit, and cyber crimes unit.''. SEC. 4. HERO CORPS HIRING. It is the sense of Congress that Homeland Security Investigations of the United States Immigration and Customs Enforcement should hire, recruit, train, and equip wounded, ill, or injured military veterans (as defined in section 101, title 38, United States Code) who are affiliated with the HERO Child Rescue Corps program for investigative, intelligence, analyst, and forensic positions. SEC. 5. INVESTIGATING CHILD EXPLOITATION. Section 307(b)(3) of the Homeland Security Act of 2002 (6 U.S.C. 187(b)(3)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) conduct research and development for the purpose of advancing technology for the investigation of child exploitation crimes, including child victim identification, trafficking in persons, and child pornography, and for advanced forensics.''.

Human Exploitation Rescue Operations Act of 2015 or the HERO Act of 2015 This bill amends the Homeland Security Act of 2002 to direct the Department of Homeland Security (DHS) to operate, within U.S. Immigration and Customs Enforcement (ICE), a Cyber Crimes Center to provide investigative assistance, training, and equipment to support domestic and international investigations by ICE of cyber-related crimes. Within the Cyber Crimes Center, DHS shall operate a Child Exploitation Investigations Unit, which shall: coordinate all ICE child exploitation initiatives, including investigations into child exploitation, child pornography, child victim identification, traveling child sex offenders, and forced child labor, including the sexual exploitation of minors; focus on child exploitation prevention, investigative capacity building, enforcement operations, and training for law enforcement personnel; provide training and technical expertise to cooperating law enforcement agencies and personnel; provide psychological support and counseling services for ICE personnel engaged in child exploitation prevention initiatives; collaborate with the Department of Defense (DOD) and the National Association to Protect Children to recruit, train, equip, and hire wounded, ill, and injured veterans and transitioning service members through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program; collaborate with other governmental and nongovernmental entities for the sponsorship of, and participation in, outreach and training activities; and collect and maintain data on the total number of suspects identified by ICE, the number of arrests and cases opened for investigation by ICE, and the number of cases resulting in prosecution and report on such data. DHS shall operate, within the Cyber Crimes Center, a Computer Forensics Unit (CFU). The CFU is directed to: (1) provide training and technical support in digital forensics to ICE personnel and other law enforcement personnel investigating crimes; (2) provide computer hardware, software, and forensic licenses for all computer forensics personnel within ICE; (3) participate in research and development in the area of digital forensics; and (4) collaborate with DOD and the National Association to Protect Children to recruit, train, equip, and hire wounded, ill, and injured veterans and transitioning service members through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program. DHS shall also operate, within the Cyber Crimes Center, a Cyber Crimes Unit (CCU). The CCU shall: (1) oversee the cyber security strategy and cyber-related operations and programs for ICE, (2) enhance the ability of ICE to combat criminal enterprises operating on or through the Internet, (3) provide training and technical support in cyber investigations to ICE personnel and other law enforcement personnel, (4) participate in research and development in the area of cyber investigations, and (5) recruit participants in the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program for investigative and forensic positions. Congress declares that Homeland Security Investigations of ICE should hire, recruit, train, and equipment wounded, ill, or injured military veterans who are affiliated with the HERO Child Rescue Corps program for investigative, intelligence, analyst, and forensic positions. The bill further amends the Homeland Security Act of 2002 to expand the purposes of the DHS Acceleration Fund for Research and Development of Homeland Security Technologies to include conducting research and development to advance technology for the investigation of child exploitation crimes, including child victim identification, trafficking in persons, child pornography, and for advanced forensics.

HERO Act of 2015