FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. TEMPORARY DUTY SUSPENSIONS. (a) Extension of Certain Duty Suspensions.--Each of the following headings of the Harmonized Tariff Schedule of the United States is amended by striking the date in the effective period column and inserting ``12/31/96'': (1) Heading 9902.29.08 (relating to beta naphthol). (2) Heading 9902.29.36 (relating to meta nitro para anisidine). (3) Heading 9902.29.37 (relating to meta nitro ortho anisidine). (4) Heading 9902.29.38 (relating to o-dianisidine and its dihydrochloride). (5) Heading 9902.29.39 (relating to para nitro ortho anisidine). (6) Heading 9902.29.64 (relating to 1-phenyl-3-methyl- pyrazolone). (7) Heading 9902.29.68 (relating to phenylcarbethoxypyrazolone). (8) Heading 9902.30.31 (relating to 2-chloro-4- nitroaniline). (9) Heading 9902.30.41 (relating to broenner's acid). (10) Heading 9902.30.60 (relating to naphthol derivatives). (11) Heading 9902.30.62 (relating to 3- aminomethoxybenzanilide). (b) New Suspensions.-- (1) Sulfamic acid.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.28.11 Sulfamic acid, (CAS No. 5329- No change No change On or before 14-6) (provided for in 12/31/96 '' subheading 2811.19.50)...... Free . (2) Certain chemicals.--Subchapter II of chapter 99 of such Schedule is amended by inserting in numerical sequence the following new headings: `` 9902.31.12 R Salt (CAS No. 135-51-3) No change No change On or before (provided for in subheading 12/31/96 2908.20.04)................. Free .. 9902.31.13 Alizarine (CAS No. 72-48-0) No change No change On or before (provided for in subheading 12/31/96 2914.69.50)................. Free .. 9902.31.14 Bon Acid (CAS No. 92-70-8) No change No change On or before (provided for in subheading 12/31/96 2918.29.80)................. Free .. 9902.31.15 Fast Red ITR Base (CAS No. 97- No change No change On or before 35-8) (provided for in 12/31/96 subheading 2922.29.25)...... Free .. 9902.31.16 2,5-Dichloraniline (CAS No. No change No change On or before 95-82-9) (provided for in 12/31/96 subheading 2921.42.20)...... Free .. 9902.31.17 2,4-Dinitroaniline (CAS No. No change No change On or before 97-02-9) (provided for in 12/31/96 subheading 2921.42.75)...... Free .. 9902.31.18 Meta-nitro-para-toluidine No change No change On or before (CAS No. 89-62-3), C Amine 12/31/96 SC4 Acid (CAS No. 88-53-9), and Tobias Acid (CAS No. 81- 16-3) (provided for in subheading 2921.43.60)...... Free .. 9902.31.19 Acetoacet-o-Chloranilide (CAS No change No change On or before No. 93-70-9) (provided for 12/31/96 in subheading 2924.29.09)... Free .. 9902.31.20 Acetoacet-2,5- No change No change On or before Dimethoxyanilide (CAS No. 12/31/96 6375-27-5) (provided for in subheading 2924.29.44)...... Free (c) Effective Date.--The amendments made by this Act apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1996, the duty on certain organic chemicals.

A bill to suspend the duties on certain chemicals.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Public Health Emergency Planning and Information Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Finding. Sec. 3. Definitions. Sec. 4. Public health crisis education, information, and grant program. Sec. 5. Health disaster mitigation grant program for medicare hospitals. Sec. 6. Post-disaster compensation funding for medicare hospitals. SEC. 2. FINDING. The Senate finds that, during a public health crisis, such as a deliberate act of bioterrorism or a natural epidemic, qualified professionals should be able to deliver accurate and timely information to the public in order to prevent panic and to promote public health. SEC. 3. DEFINITIONS. In this Act: (1) Medicare hospital.--The term ``medicare hospital'' means a hospital (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e))) that has entered into an agreement under section 1866 of such Act (42 U.S.C. 1395cc) or a critical access hospital (as defined in section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1))). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. PUBLIC HEALTH CRISIS EDUCATION, INFORMATION, AND GRANT PROGRAM. (a) Establishment of Program.-- (1) In general.--The Secretary, acting through the Office of Emergency Preparedness of the Public Health Service, shall carry out a public health crisis education, information, and grant program in accordance with the provisions of this section. (2) Consultation.--In carrying out the public health crisis education, information, and grant program under this section, the Secretary shall consult with the Director of the Federal Emergency Management Agency. (b) Publication of Educational Materials.-- (1) In general.--The Secretary shall publish public health crisis educational materials for use by medicare hospitals and the general public. (2) Contents.--The educational materials published under paragraph (1) shall contain-- (A) in the case of materials for medicare hospitals, information regarding-- (i) basic personal safety of the staff of the hospital during an epidemic resulting from natural causes or bioterrorism; and (ii) planning a response to such an epidemic; and (B) in the case of materials for the general public, information that-- (i) addresses-- (I) basic personal safety, planning, and emergency preparedness for families; and (II) essential facts about the symptoms and best responses to suspected exposures to the biological agents that the Secretary determines to be the highest risk for bioterrorist use; and (ii) is designed to prepare the public for the most likely foreseeable bioterrorism events in order to avert panic and misinformation. (3) Exclusion of medical advice.--The educational materials published under paragraph (1) shall not include advice on how to treat victims of an epidemic resulting from natural causes or bioterrorism. (4) Distribution.-- (A) In general.--Not later than January 31, 2002, the Secretary shall distribute the public health crisis educational materials published under paragraph (1) to the public through the Health Alert Network of the Centers for Disease Control and Prevention. (B) Internet availability.--In addition to distributing the educational materials under subparagraph (A), the Secretary shall make such materials available on the Internet. (c) Information Regarding Community and Media Communications.-- (1) In general.--The Secretary shall publish information regarding community and media communications for medicare hospitals. (2) Contents.--The information under paragraph (1) shall contain basic information regarding-- (A) the materials available through the Centers for Disease Control and Prevention relating to communications between medicare hospitals and the media; and (B) the identification of likely biological agents that may cause an epidemic. (3) Distribution.--Not later than January 31, 2002, the Secretary shall distribute the information published under paragraph (1) to medicare hospitals. (4) Authority to award grants.-- (A) In general.--Subject to subparagraph (B), the Secretary may award grants to medicare hospitals that have submitted applications in accordance with paragraph (6). (B) Maximum amount of grant.--The aggregate amount of grants awarded to a hospital under this paragraph during a year may not exceed $5,000. (5) Use of funds.--Grants awarded under paragraph (4) may be used for activities such as-- (A) to adapt the educational materials distributed under subsection (b) for local use; and (B) to assist hospitals in applying the information regarding community and media relations distributed under subsection (c) and in developing ties with the local and regional media. (6) Application.--A medicare hospital seeking a grant under paragraph (4) shall submit an application to the Secretary at such time, in such form and manner, and containing such information as the Secretary may require. (d) Program for Communication to Press and Public.--The Secretary, acting through the Office of Communication of the Centers for Disease Control and Prevention, shall establish a program to provide the necessary staff and resources to communicate with the public and the press during a public health crisis, to maintain updated media resources, and to promote public health awareness in the course of the regular activities of the Centers for Disease Contol and Prevention. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $5,000,000 for fiscal year 2002 to carry out this section (other than subsection (d)). (2) Communication program.--There are authorized to be appropriated $5,000,000 for fiscal year 2002 to carry out subsection (d)). (3) Availability.--Any amounts appropriated under the authority contained in this subsection shall remain available, without fiscal year limitation, through September 30, 2011. SEC. 5. HEALTH DISASTER MITIGATION GRANT PROGRAM FOR MEDICARE HOSPITALS. (a) Epidemic Training, Recognition, and Response Standards Defined.--In this section, the term ``epidemic training, recognition, and response standards'' means standards identified by the Secretary as being designed to educate the staff of medicare hospitals regarding epidemics resulting from natural causes or bioterrorism and to enable such staff to effectively recognize and respond to such epidemics. Standards that the Secretary may identify include the following: (1) Emergency management guidelines developed by the Joint Commission of Accreditation of Healthcare Organizations. (2) Curricula for emergency medicine developed by the American College of Emergency Physicians. (3) Standards developed by a Federal agency responsible for homeland security. (4) Any other standards that the Secretary determines appropriate. (b) Grants Authorized.--The Secretary may award grants to medicare hospitals that have submitted applications in accordance with subsection (d) for the purpose of assisting such hospitals in meeting the epidemic training, recognition, and response standards. (c) Use of Funds.-- (1) In general.--Subject to paragraph (2), grants awarded under subsection (b) may be used for activities such as-- (A) training the staffs of medicare hospitals in emergency medicine in accordance with the epidemic training, recognition, and response standards; (B) increasing communication between medicare hospitals, health care systems, prehospital emergency responders, and law enforcement personnel in accordance with such standards; (C) purchasing pharmaceuticals and supplies required by such standards intended for use only in public health emergencies; and (D) purchasing decontamination or safety equipment required by such standards. (2) Supplement and not supplant.--Funds made available under a grant awarded under subsection (b) shall be used to supplement and not supplant other Federal, State, and local funds expended for the activities described in paragraph (1). (d) Application.--A medicare hospital (or a consortium of medicare hospitals) seeking a grant under this section shall submit an application to the Secretary at such time, in such form and manner, and containing such information as the Secretary may require. (e) Approval.--In approving applications submitted under subsection (d), the Secretary shall give priority to those applications that are submitted by a consortium of medicare hospitals. (f) Maximum Amount of Grant.--A grant awarded under this section may not exceed $5,000,000. (g) Medicare Hospital Required To Furnish Secretary With Information.--A medicare hospital receiving a grant under this section shall furnish the Secretary with such information as the Secretary may require-- (1) to evaluate the activity for which the grant is made; and (2) to ensure that funding provided under the grant is expended for the purposes for which it is made. (h) Reports.-- (1) Interim reports.-- (A) In general.--The Secretary shall submit, at least annually, a report on the grant program established under this section to the appropriate committees of Congress. (B) Contents.--A report submitted under subparagraph (A) shall include information on-- (i) the number of grants made; (ii) the nature of the activities for which funding is provided under the grant program; (iii) the geographic distribution of grant recipients; and (iv) such other matters as the Secretary determines appropriate. (2) Final report.--Not later than 6 months after the completion of all of the activities for which a grant is made under this section, the Secretary shall submit a final report to the committees referred to in paragraph (1)(A) on the grant program established under this section, together with such recommendations for legislation and administrative action as the Secretary determines appropriate. (i) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated $250,000,000, for fiscal year 2002, to carry out this section. (2) Availability.--Any amounts appropriated under the authority contained in paragraph (1) shall remain available, without fiscal year limitation, through September 30, 2011. SEC. 6. POST-DISASTER COMPENSATION FUNDING FOR MEDICARE HOSPITALS. (a) Grants Authorized.--The Secretary may award grants to medicare hospitals that serve an area that the President has determined warrants assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act due to the direct effects of an epidemic that have submitted applications in accordance with subsection (c) for the purpose of reimbursing the costs described in subsection (b). (b) Use of Funds.-- (1) In general.--Subject to paragraph (2), grants awarded under subsection (a) may be used to reimburse the following costs: (A) The cost of replacing decontamination or safety equipment that was used during the period for which the President has determined assistance is warranted under subsection (a) to restore emergency preparedness. (B) The cost of providing health care to uninsured individuals during such a period. (C) The cost of paying unexpected overtime compensation to primary and secondary health care providers who were needed to create temporary surge capacity during such a period. (2) Supplement and not supplant.--Funds made available under a grant awarded under subsection (a) shall be used to supplement and not supplant other Federal, State, and local funds expended to reimburse the costs described in paragraph (1). (c) Application.--A medicare hospital seeking a grant under this section shall submit an application to the Secretary at such time, in such form and manner, and containing such information as the Secretary may require. (d) Maximum Amount of Grant.--A grant awarded under this section may not exceed $1,000,000. (e) Medicare Hospital Required To Furnish Secretary With Information.--A medicare hospital receiving a grant under this section shall furnish the Secretary with such information as the Secretary may require to ensure that funding provided under the grant is expended for the purposes for which it is made. (f) Reports.-- (1) Interim reports.-- (A) In general.--The Secretary shall submit, at least annually, a report on the grant program established under this section to the appropriate committees of Congress. (B) Contents.--A report submitted under subparagraph (A) shall include information on-- (i) the number of grants made; (ii) the nature of the costs reimbursed under the grant program; (iii) the geographic distribution of grant recipients; and (iv) such other matters as the Secretary determines appropriate. (2) Final report.--Not later than March 30, 2011, the Secretary shall submit a final report to the committees referred to in paragraph (1)(A) on the grant program established under this section, together with such recommendations for legislation and administrative action as the Secretary determines appropriate. (g) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated $50,000,000, for fiscal year 2002, to carry out this section. (2) Availability.--Any amounts appropriated under the authority contained in paragraph (1) shall remain available, without fiscal year limitation, through September 30, 2011.

Public Health Emergency Planning and Information Act of 2001 - Directs the Secretary of Health and Human Services to: (1) carry out a public health crisis education, information, and grant program; (2) publish public health crisis educational materials for use by Medicare hospitals and the general public; (3) publish information regarding community and media communications for Medicare hospitals; and (4) establish a program to provide the necessary staff and resources to communicate with the public and the press during a public health crisis, to maintain updated media resources, and to promote public health awareness in the course of the regular activities of the Centers for Disease Control and Prevention.Authorizes the Secretary to award grants to applicant Medicare hospitals to: (1) adopt such educational materials for local use and to assist hospitals in applying such information on community and media relations and in developing ties with the local and regional media; (2) assist such hospitals in meeting epidemic training, recognition, and response standards identified by the Secretary as designed to educate Medicare hospital staff regarding epidemics resulting from natural causes or bioterrorism, and to enable such staff to effectively recognize and respond to such epidemics; and (3) reimburse such hospitals that serve an area that the President has determined warrants assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act due to the direct effects of an epidemic to reimburse for specified post-disaster costs.

A bill to ensure that hospitals that participate in the medicare program under title XVIII of the Social Security Act are able to appropriately recognize and respond to epidemics resulting from natural causes and bioterrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biennial Commission on Energy Policy Act of 2016''. SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGANIZATION ACT. (a) In General.--Title VIII of the Department of Energy Organization Act (42 U.S.C. 7321) is amended by striking sections 801 and 802 and inserting the following new sections: ``SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY. ``(a) Establishment.--There is established a commission to be known as the `Biennial Commission on Energy Policy' (in this title referred to as the `Commission'). ``(b) Membership.-- ``(1) Number and appointment.--The Commission shall be composed of 15 members appointed in the following manner: ``(A) The President shall appoint 3 members. ``(B) The Speaker of the House of Representatives shall appoint 3 members. ``(C) The minority leader of the House of Representatives shall appoint 3 members. ``(D) The majority leader of the Senate shall appoint 3 members. ``(E) The minority leader of the Senate shall appoint 3 members. ``(2) Deadline for appointment.--Members of the Commission shall be appointed not later than 30 days after the first day of the first session of the 115th Congress. ``(3) Terms.--Members shall be appointed for a term of 2 years. ``(4) Consultation.--The President and Members of Congress specified in paragraph (1) shall consult with each other before appointing members to the Commission to achieve, to the maximum extent practicable, a diversity of experience and expertise in the membership of the Commission. ``(5) Vacancies.--Any vacancy on the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. A member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed for the remainder of that term. ``(6) Qualifications.--Each member appointed to the Commission shall have professional experience in 1 or more of the following areas: ``(A) Governmental service. ``(B) Energy production. ``(C) Renewable energy resource development. ``(D) Energy law. ``(E) Public administration. ``(F) Fossil fuel production. ``(G) Energy efficiency. ``(H) Environmental policy. ``(I) Labor. ``(J) Workplace safety. ``(K) Commerce and trade. ``(L) Corporate policies. ``(M) Infrastructure. ``(N) Foreign affairs. ``(7) Political affiliation.--Not more than 8 members of the Commission shall be affiliated with the same political party. ``(8) Restriction on government employees.--No individual may serve as a member of the Commission while employed as an officer or employee of the Federal Government or any State or local government. ``(9) Basic pay.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. ``(10) 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. ``(c) Structure of Commission.-- ``(1) Commencement.--The Commission shall meet and begin operations not later than 30 days after the date on which all members of the Commission have been appointed. ``(2) Chairperson; vice chairperson.--The chairperson and vice chairperson of the Commission shall be selected by the members. ``(3) Subcommittees.--Upon majority vote of the members, the Commission may create subcommittees composed of less than the full membership of the Commission to carry out specified duties of the Commission. ``(4) Quorum.--Six members of the Commission shall constitute a quorum. ``(5) Meetings.-- ``(A) In general.--After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. ``(B) Stakeholder meetings.--The Commission shall conduct a quarterly meeting of stakeholders to assist the Commission in carrying out its duties. The first meeting shall be held not later than 90 days after the date on which all members of the Commission have been appointed. Subsequent meetings shall be held until the Commission submits its final report. ``(C) Attendance at stakeholder meetings.--Members shall be encouraged to attend stakeholder meetings held pursuant to subparagraph (B) either in person or via teleconference. ``SEC. 802. DUTIES AND POWERS OF THE COMMISSION. ``(a) Duties.-- ``(1) In general.--The Commission shall carry out the tasks described in paragraph (2) and make recommendations for legislative and administrative actions to create an integrated and comprehensive energy policy for the United States. ``(2) Tasks.--To carry out paragraph (1), the Commission shall-- ``(A) analyze the accessibility, affordability, reliability, resiliency, and sustainability of the energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels; ``(B) assess policy options to increase domestic energy supplies and energy efficiency; ``(C) evaluate energy storage, transmission, and distribution requirements that shall include intermittent energy sources; ``(D) analyze the prospective role of stakeholders, including academia, industry representatives, the public, Federal laboratories (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)), and Federal agencies in creating an integrated and comprehensive energy policy; ``(E) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies; ``(F) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives; ``(G) study relevant matters, as determined by the Commission, raised at the stakeholder meetings described in section 801(c)(5)(B); and ``(H) study other relevant matters as determined by the Commission. ``(3) Materials studied.--The Commission shall review materials on energy, including-- ``(A) enacted and proposed Federal and State laws, regulations, policies, and programs; ``(B) information developed by relevant governmental and nongovernmental agencies, including Federal laboratories; ``(C) scientific and technical literature and publications; and ``(D) studies conducted by other entities. ``(b) Reports.-- ``(1) Progress reports.--Not later than July 1 of the first and third year of each Presidential term, the Commission shall submit progress reports to Congress describing the activities of the Commission and a summary of the information gathered pursuant to subsection (a). ``(2) In general.--Not later than July 1 of the second and fourth year of each Presidential term, the Commission shall submit to Congress a report that shall include-- ``(A) the findings and conclusions of the Commission based on tasks carried out pursuant to subsection (a)(2); and ``(B) recommendations for legislative and administrative actions described in subsection (a)(1). ``(3) Publication.--Reports submitted pursuant to paragraph (2) shall be made publicly available via a website. ``(c) Powers.-- ``(1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. ``(2) Powers of subcommittees.--Any subcommittee created pursuant to section 801(c)(3) may, if authorized by the Commission, take any action which the Commission is authorized to take by this title. ``(3) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. ``(4) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. ``(5) Contract authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with government and private agencies or persons for the purpose of carrying out this section, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). ``(6) 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 title. Upon request of the chairperson, vice chairperson, or a subcommittee of the Commission, the head of such department or agency shall furnish such information to the Commission. ``SEC. 803. PERSONNEL MATTERS. ``(a) Executive Director and Staff.--The chairperson of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint and terminate an executive director and not more than five additional staff members. The employment of an executive director shall be subject to confirmation by the Commission. ``(b) Pay.--The chairperson of the Commission may fix the compensation of the executive director and staff without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates, except that an individual appointed under paragraph (1) may not receive pay in excess of the annual rate of basic pay for level V of the Executive Schedule. ``(c) Detail of Government Employees.--Upon request of the chairperson of the Commission, the head of any department or agency of the Federal Government may detail, on a nonreimbursable basis, any personnel of the department or agency to the Commission to assist the Commission in carrying out its duties. ``(d) 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 rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5316 of such title. ``SEC. 804. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated $3,000,000 to the Secretary of Energy, without fiscal year limitation, to carry out this title.''. (b) Table of Contents Amendments.--The table of contents of such Act is amended by striking the items relating to sections 801 and 802 and inserting the following: ``801. Biennial Commission on Energy Policy. ``802. Duties and powers of the Commission. ``803. Personnel matters. ``804. Authorization of appropriations.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on the first day of the second session of the 115th Congress.

Biennial Commission on Energy Policy Act of 2016 This bill amends the Department of Energy Organization Act to establish the Biennial Commission on Energy Policy. The commission must be composed of 15 members from a diverse group of industries and political party affiliations with no federal, state, or local officers or employees. The commission must: carry out specific analytical and research tasks related to a broad range of energy issues; and report to Congress on its findings, conclusions, and recommendations for legislative and administrative actions to create an integrated and comprehensive national energy policy for the United States. This bill replaces provisions requiring the President to submit a biennial National Energy Policy Plan.

Biennial Commission on Energy Policy Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1995 (National VOICE on a Flat Tax and Cap on Tax Increases Act of 1995)''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the right of citizens of the United States to vote is a fundamental right; (2) the right of citizens of the United States to have an effective voice in the decisionmaking processes of the Congress is grounded in the right to petition and is a fundamental part of American democracy, and Congress should provide an opportunity for citizens to express their views on important public issues; and (3) there is an increasing public sentiment and demand for less taxation and a simplified tax code. (b) Purposes.--The purposes of this Act are-- (1) to give the citizens of every State the opportunity to have a voice on whether or not Congress should adopt a flat income tax system and amend the Constitution to require a majority vote of the American people to raise taxes; and (2) to conduct a national nonbinding referendum on a flat tax on income and requiring a national vote on tax increases at the 1996 general election, thereby having an opportunity to study the feasibility of conducting national nonbinding referenda on other important issues in the future. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``nonbinding referendum'' means the placing on the general election ballot in every congressional district and delegate or resident commissioner district in 1996 the advisory questions defined below, the results of which shall be properly tabulated and certified as described herein, but which results shall not be legally binding on any person or institution; (2) the term ``advisory questions'' means the National Advisory Referendum on a flat tax on income and requiring a national vote on tax increases, the language of which is contained in section 4(b) of this Act; (3) the term ``general election'' means the election at which Federal officers are elected in 1996; and (4) the term ``State election agency'' means the official agency of each State and territory charged with the legal responsibility for conducting general elections within that jurisdiction. SEC. 4. PROCEDURES FOR NATIONAL VOTER OPPORTUNITY TO INFORM CONGRESS EFFECTIVELY ON A FLAT TAX AND REQUIRING A NATIONAL VOTE ON TAX INCREASES NONBINDING REFERENDUM. (a) In General.--This Act shall have the effect of placing on the 1996 general election ballot in every congressional district, and delegate and/or resident commissioner district, in the United States, the District of Columbia and the territories of the United States, the advisory questions under subsection (b). (b) Advisory Questions; Ballot Title and Language.--Not later than June 30, 1996, the Clerk of the United States House of Representatives and the Secretary of the United States Senate shall jointly certify to the appropriate State election agencies for inclusion on the 1996 general election ballot in each congressional district, the following ballot title and questions: ``national advisory referendum on a flat tax on income and requiring a national vote on tax increases ``Question #1: Should Congress adopt a simple flat tax rate on income? ``Yes No. ``Question #2: Should Congress approve a constitutional amendment to require a majority vote of the American people to raise taxes? ``Yes No''. (c) Preparation of Ballots.-- (1) Procedures.--The procedures for printing and preparation of the ballots containing the advisory questions shall be the same as provided in each State and territory for conducting the elections of the Members of the United States House of Representatives and Senators, and Delegates or Resident Commissioners. (2) Advisory questions.--In each congressional and delegate district, every general election ballot shall include the advisory questions contained in subsection (b). Should there be no general election scheduled to be held in any particular congressional or delegate district, a ballot shall nonetheless be prepared for the voters of said district to be able to participate in the nonbinding referendum in the same manner as all other districts where a general election is being held. States shall be reimbursed at 4 cents per voter, or an estimated $5,000,000 for the costs incurred in placing the questions in subsection (b) on the ballots in November 1996. Therefore, this bill authorizes $5,000,000 for these purposes. All reimbursements to State election agencies for the costs of conducting the nonbinding referendum shall be made from the franking accounts of the Congress, with equal amounts drawn from the franking accounts of the House of Representatives and the Senate in proportion to the total funds appropriated to each House for franking, to reimburse the States for such expenses. The Clerk of the United States House of Representatives and the Secretary of the United States Senate shall be responsible for ensuring the proper application for and reimbursement of said expenses. (d) Tabulation and Certification of Voting Results.--The State election agencies shall tabulate the results of the voting on the advisory questions in the same manner as is customary for tabulating the results of elections of the Members of the United States House of Representatives and Senators. Said results shall be officially certified pursuant to the customary laws and procedures of each jurisdiction. (e) Transmission of Certified Results to the Congress, All Members, and Committees on the Judiciary.--The official, certified election results of each jurisdiction's nonbinding referenda on the advisory questions shall be certified by the State election agency to the Clerk of the United States House of Representatives and the Secretary of the United States Senate in the same manner and at the same time of the certification of election of Members of the House of Representatives and Senate at the 1996 general election, said results to be certified by county, congressional district and statewide totals. The Clerk and the Secretary shall be responsible for transmitting to each Member of the respective House of Congress the results of the nonbinding referenda from all jurisdictions. The results shall also be taken under advisement by the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, with recommendations for response reported back to the full House and Senate within 6 months of the general election. (f) Comments Regarding Procedures for Future Nonbinding Referenda.--Within 90 days of the date of the general election, the State election agencies shall forward to the Clerk of the United States House of Representatives and the Secretary of the United States Senate their comments or suggestions regarding changes or improvements in procedures for conducting national nonbinding referenda in future general elections. All such comments shall be referred to the respective committees on the Judiciary of the House of Representatives and Senate. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.

National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1995 (National VOICE on a Flat Tax and Cap on Tax Increases Act of 1995) - Establishes a national advisory nonbinding referendum to provide for placing on the 1996 general election ballot or, if there is no general election in a particular district, placing on a ballot the following questions: (1) Should Congress adopt a simple flat tax rate on income?; and (2) Should Congress approve a constitutional amendment to require a majority vote of the American people to raise taxes? Authorizes that $5 million be reimbursed to the States from the franking accounts of the House of Representatives and the Senate for the costs of conducting the nonbinding referendum in proportions equal to the total amount appropriated for franking in each House.

National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1995 (National VOICE on a Flat Tax and Cap on Tax Increases Act of 1995)

SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Indian Women and Families Act of 1993''. SEC. 2. FINDINGS. Congress finds that: (1) The primary responsibilities of the Bureau of Indian Affairs are to encourage and assist Indian people to manage their own affairs under the trust relationship between Indians and the Federal Government, and to facilitate, with maximum involvement of Indian people, full development of their human and natural resource potential. (2) The Bureau of Indian Affairs coordinates its activities with Indian tribal governments, Federal agencies and departments, and other organizations and groups who share similar interests and programs related to Indians. (3) Bureau of Indian Affairs policies, programs and projects impact directly and significantly on the lives of America's Indian people. (4) The unique roles and responsibilities of Indian women contribute culturally, socially, and economically to the well- being of Indian people, but these contributions are often not fully realized and are undervalued and overlooked within the policies, program, and projects of the Bureau of Indian Affairs. (5) Indian children have special educational and social service needs to prepare them for traditional tribal responsibilities and nontribal social and employment opportunities. (6) The particular responsibilities, contributions, and needs of Indian women and families can and should be taken into account to improve Bureau of Indian Affairs policy formulation and program operations for the direct benefit of Indian women and families and Indian people as a whole. (7) Bureau of Indian Affairs policies, programs and projects, including its coordination and liaison with other Federal, State, and local entities, can be more responsive and enhanced when Indian women and families are considered an integral element of the process as well as contributors to the success of these policies, programs, and projects. (8) There is a need for an Office of Indian Women and Families in the Bureau of Indian Affairs for the purpose of encouraging and promoting the participation and integration of Indian women and families into Bureau of Indian Affairs policies, programs, projects, and activities, thereby improving the effectiveness of its mandate and the status and lives of Indian women and families. SEC. 3. PURPOSES. The purposes of this Act are: (1) To identify and integrate the issues related to Indian women and families into all Bureau of Indian Affairs policies, programs, projects, and activities. (2) To establish an office to serve as a focal point for all Federal Government policy issues affecting Indian women and families for purposes of both economic and social development. (3) To collect data related to the specific roles, concerns, and needs of Indian women, and Indian families, and use such data to support policy, program, and project implementation throughout all offices of the Bureau of Indian Affairs and other Federal agencies, and to monitor the impacts of these policies, programs and projects. (4) To enhance the economic and social participation of Indian women and families in all levels of planning, decisionmaking, and policy development within the Bureau of Indian Affairs, its area offices, and tribal governments and reservations. (5) To conduct research and collect relevant studies relating to special needs of Indian women and families. (6) To develop pilot programs and projects to strengthen activities of the Bureau of Indian Affairs involving Indian women and families, and serve as models for future endeavors and planning. (7) To ensure a liaison with other Federal departments and agencies, State and local governments, tribally controlled community colleges, other academic institutions, any public or private organizations, and tribal governments that serve Indian peoples. (8) To ensure training endeavors for Bureau of Indian Affairs offices and agencies at the national, area, and local levels to ensure Bureau personnel and any other beneficiaries of Bureau and other governmental programs understand the purposes and policies of the office established by this Act. (9) To develop policy-level programs, with the assistance of the Assistant Secretary and other senior-level personnel of the Bureau of Indian Affairs, to ensure that systems, directives, management strategies and other related methodologies are implemented to meet the purposes of this Act. (10) To strengthen the role of Indian women and families by developing and ensuring culturally appropriate policies and programs. (11) To encourage other actions that serve to more fully integrate Indian women and families as participants in and agents for change in the Federal policy and program activities of the Bureau of Indian Affairs. SEC. 4. DEFINITIONS. As used in this Act: (1) The term ``Indian woman'' means a woman who is a member of an Indian tribe. (2) The term ``Indian tribe'' means any Indian tribe, band, nation, or other organized group or community, any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians. SEC. 5. ESTABLISHMENT OF OFFICE OF INDIAN WOMEN AND INDIAN FAMILIES. (a) Establishment.--There is established in the Department of the Interior the ``Office of Indian Women and Families'' (hereinafter referred to as the ``Office''). (b) Director.--The Office shall be under the management of a director (hereinafter referred to as the ``Director''), who shall be appointed by the Assistant Secretary of Indian Affairs. The Director shall report directly to the Assistant Secretary of Indian Affairs. (c) Compensation.--The Director shall be compensated at the rate prescribed for level IV of the Executive Schedule under section 5313 of title 5, United States Code. (d) Tenure.--The Director shall serve at the discretion of the Assistant Secretary of Indian Affairs. (e) Vacancy.--A vacancy in the position of Director shall be filled in the same manner as the original appointment was made. (f) Duties.--The Director shall administer the Office and carry out the purposes and functions of this Act. The Director shall take such action as may be necessary in order to integrate Indian women and family issues into the Bureau of Indian Affairs policies, programs, projects and activities. SEC. 6. FUNCTIONS OF OFFICE. It shall be the function of the Office to develop a Policy Paper for Indian women and families to articulate the objectives of the Office, to serve as a guideline for systematically integrating Indian women and families issues into the Bureau of Indian Affairs policies, programs, projects, and activities, and to establish and detail indicators and benchmarks for measuring the success of the Office. SEC. 7. POLICY TASK FORCE. (a) Establishment of a Policy Task Force.--The Director, in consultation with the Assistant Secretary of Indian Affairs, shall establish a temporary policy task force on Indian women and families. (b) Membership.--Members of the task force shall be appointed by the Director. The task force shall include representatives from Federal agencies and departments, relevant Indian organizations, State agencies and organizations, Indian tribal governments, institutions of higher education, and nongovernmental and private sector organizations and institutions. (c) Functions.--The policy task force shall: (1) Ensure that the Policy Paper for Indian women and families prepared by the Bureau of Indian Affairs articulates a set of goals, objectives, management strategies, and monitoring systems for the improvement of all Federal programs, including programs of the Bureau of Indian Affairs, designed to improve the quality of life of Indian women and families. (2) Recommend a permanent policy mechanism to be established in the Bureau of Indian Affairs for the continuous monitoring and refinement of policy and programs designed to improve the quality of life of Indian women and families. (3) Recommend a permanent policy mechanism to be established in the Bureau of Indian Affairs for the purpose of collecting and disseminating to Congress and the public information and other data relevant to the progress of the policy and programs designed to improve the quality of life of Indian women and families. (d) Termination.--The task force shall terminate upon the expiration of 14 months following the date of the enactment of this Act. SEC. 8. ASSISTANT SECRETARY OF INDIAN AFFAIRS. The Assistant Secretary of Indian Affairs shall: (1) Ensure that the Office receives adequate resources to carry out the purposes of this Act. (2) Ensure that senior-level staff members and other employees of the Bureau of Indian Affairs are participants in and responsible for assisting in carrying out the purposes of this Act relating to the improvement of policies and programs of the Bureau of Indian Affairs. SEC. 9. REPORTING. The Secretary of the Interior, acting through the Bureau of Indian Affairs, shall, on or before March 15 of each of the 2 calendar years next following the calendar year in which this Act is enacted, and biennially thereafter, report to Congress on the progress of achieving the purposes of this Act. Such report shall include, but not be limited to, information relative to the current status of progress of the Bureau of Indian Affairs' policy on Indian women and Indian families in fulfilling its objectives, programs and projects, including how well the Bureau of Indian Affairs has operationally integrated the issue of Indian women and families into its overall policies, programs, projects and activities. Such report shall include a review of data gathered to assess and improve the quality of life of Indian women and families, including specific recommendations to improve the education, health, employment, economic, housing, social, and other services within the Bureau of Indian Affairs relating to Indian women and families. SEC. 10. AUTHORIZATIONS. Commencing with fiscal year 1994, and each fiscal year thereafter, there are authorized to be appropriated for carrying out the provisions of this Act, $2,000,000.

Office of Indian Women and Families Act of 1993 - Establishes: (1) in the Department of the Interior the Office of Indian Women and Families; and (2) a temporary policy task force on Indian women and families.

Office of Indian Women and Families Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Tax Benefit Compliance Improvement Act''. SEC. 2. WAIVER OF PENALTIES FOR CERTAIN FAILURES RELATING TO INFORMATION RETURNS FOR HIGHER EDUCATION TUITION AND RELATED EXPENSES. (a) In General.--Section 6724 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Special Rules for Returns Related to Higher Education Tuition and Related Expenses.--Section 6721 shall not apply to any failure by an eligible educational institution (as defined in section 25A) to provide the TIN of an individual described in section 6050S(b)(2)(A) on any information return described in subsection (d)(1)(B)(xii) if the person required to file the return certifies under penalty of perjury that such person has complied with standards promulgated by the Secretary for obtaining the individual's TIN, unless it is shown that such certification is materially untrue.''. (b) Effective Date.--The amendment made by this section shall apply to returns filed after the date of the enactment of this Act. SEC. 3. PAYEE STATEMENT REQUIRED TO CLAIM CERTAIN EDUCATION TAX BENEFITS. (a) American Opportunity Credit, Hope Scholarship Credit, and Lifetime Learning Credit.-- (1) In general.--Subsection (g) of section 25A of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Payee statement requirement.--No credit shall be allowed under this section for any qualified tuition and related expenses paid by the taxpayer unless-- ``(A) the taxpayer has received a statement provided under section 6050S(d) which contains the TIN of the individual for whom a payment of qualified tuition and related expenses was made, or ``(B) in any case in which-- ``(i) the qualified tuition and related expenses are for a course for which academic credit is not offered by the eligible educational institution, or ``(ii) the eligible educational institution does not provide the taxpayer with a statement described in subparagraph (A) with respect to such qualified tuition and related expenses, the taxpayer maintains a record, in such form and manner as prescribed by the Secretary, showing the date and amount of the expenses.''. (2) Conforming amendment.--Paragraph (3) of section 25A(g) of such Code is amended by adding at the end the following flush sentence: ``For purposes of paragraph (8), a statement described in paragraph (8)(A) which is received by such individual shall be treated as received by such other taxpayer.''. (b) Deduction for Qualified Tuition and Related Expenses.-- (1) In general.--Subsection (d) of section 222 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: ``(6) Payee statement requirement.--No deduction shall be allowed under this section for any qualified tuition and related expenses paid by the taxpayer unless-- ``(A) the taxpayer has received a statement provided under section 6050S(d) which contains the TIN of the individual to whom a payment of qualified tuition and related expenses was made, or ``(B) in any case in which-- ``(i) the qualified tuition and related expenses are for a course for which academic credit is not offered by the eligible educational institution, or ``(ii) the eligible educational institution does not provide the taxpayer with a statement described in subparagraph (A) with respect to such qualified tuition and related expenses, the taxpayer maintains a record, in such form and manner as prescribed by the Secretary, showing the date and amount of the expenses.''. (2) Conforming amendment.--Paragraph (3) of section 222(c) of such Code is amended by adding at the end the following sentence: ``For purposes of paragraph (6), a statement described in paragraph (6)(A) which is received by such individual shall be treated as received by such other taxpayer.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Higher Education Tax Benefit Compliance Improvement Act This bill amends the Internal Revenue Code to: (1) exempt an institution of higher education from tax penalties for failure to provide the tax identification number (TIN) of a person who claims a tax credit for tuition and related expenses if such institution certifies that it has complied with standards for obtaining the TIN, and (2) disallow the American Opportunity tax credit and the tax deduction for tuition and related expenses unless the taxpayer receives a payee statement containing the TIN of the individual claiming the credit or the deduction.

Higher Education Tax Benefit Compliance Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Students in School Act of 2016''. SEC. 2. GRANT PROGRAM. (a) Program Authorized.-- (1) In general.--The Secretary of Education shall establish a program under which grants are awarded to local educational agencies to enable the local educational agencies to carry out the activities under subsection (c). (2) Duration and renewal.--A grant under this section shall be awarded for a period of 5 years and may not be renewed. (b) Application.--A local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (c) Use of Funds.--A local educational agency that receives a grant under this section may only use the grant funds to carry out one or more of the following: (1) Attendance program.--Establish an attendance program that enables-- (A) each elementary school and secondary school served by the local educational agency to collect and maintain attendance records electronically; (B) each such school to share the data collected under subparagraph (A) with the local educational agency and other elementary schools and secondary schools served by the local educational agency; and (C) the local educational agency to use the data collected under subparagraph (A) to inform attendance intervention strategies. (2) After-school programs and recreational activities.-- Improve student engagement by funding after-school programs and recreational activities. (3) Teacher training and development program.--Establish a teacher training and development program that focuses on issues relating to racial inequality and poverty. (4) Student retention and engagement policy.--In the case of a local educational agency that has a zero tolerance policy, making such policy more compatible with the goals of student retention and engagement. (5) Student absence policy.--Establish a policy that requires each elementary school and secondary school served by the local educational agency-- (A) to make personal phone calls to the parents of an at-risk child the same day that such child's absence is noted; and (B) when needed, and if possible, to provide parents of at-risk children with an interpreter and a translation of written communications. (6) Youth violence prevention.--Collaborate with local agencies and social workers that focus on youth violence prevention to address issues facing at-risk children. (7) Resources and support for parents of at-risk children.--Provide parents of at-risk children with resources and support, including-- (A) providing school counseling services for parents and their at-risk children; and (B) collaborating with other organizations in the community to facilitate access to resources and support, including fulfilling any needs with respect to at-risk children created by budget deficits. (8) Mentoring program.--Establish or expand a mentoring program under which-- (A) a community volunteer who-- (i) attends a secondary school is paired with an at-risk child who attends an elementary school; or (ii) has obtained at least a high school diploma, or its equivalent, is paired with an at-risk child who attends either an elementary school or a secondary school; and (B) such community volunteer meets with the at-risk child for at least 5 hours each week that school is in session to provide homework assistance and encourage attendance. (9) Licensed clinical social workers.--Provide at least one licensed social worker for elementary schools and one licensed social worker for high schools served by the local educational agency. SEC. 3. TECHNICAL ASSISTANCE. The Secretary shall provide technical assistance, upon request, to local educational agencies receiving a grant under section 2 to implement the goals of such section. SEC. 4. TASK FORCE ON ADDRESSING HARDSHIPS OF DISADVANTAGED YOUTH. (a) In General.--Not later than December 31, 2017, the Secretary shall enter a memorandum of understanding with other appropriate heads of Federal agencies regarding the establishment of a task force to develop a comprehensive work plan to address the hardships that disadvantaged youth may face in attending elementary school and secondary school and attaining academic success, including the following: (1) Home environment factors.--Hardships within the home, including domestic violence and drug or alcohol abuse in the home. (2) Economic factors.--Economic hardships, including poverty, single-parent homes, frequent housing mobility, parents who work multiple jobs, lack of adequate transportation to school, lack of affordable childcare, and working students. (3) School environment factors.--Hardships within the academic environment, including overcrowded classrooms, discriminatory attitudes of teachers and administrators, hostility from other students, lack of flexibility regarding the cultural or learning needs of the student, and inconsistent procedures for dealing with truancy. (4) Personal characteristics factors.--Personal hardships, including learning difficulties, drug and alcohol abuse and mental health issues. (b) Duties.--The task force shall-- (1) coordinate interagency efforts to address the hardships described in subsection (a); (2) assess the effectiveness of Federal programs aimed at addressing such hardships; (3) develop a comprehensive work plan that identifies and implements improvements to the Federal programs assessed under paragraph (2) by-- (A) eliminating ineffective programs; (B) redirecting resources; and (C) consolidating the efforts of successful programs; and (4) incorporate positive youth development practices into the work plan developed under paragraph (3). (c) Reports.-- (1) Preliminary report.--Not later than 3 years after the date on which the task force is established under this section, the task force shall submit to the appropriate committees of Congress a preliminary report that shall include-- (A) the assessment conducted under subsection (b)(2); and (B) the work plan developed under subsection (b)(3). (2) Progress report.--Not later than 3 years after the date on which the task force submits the preliminary report under paragraph (1), the task force shall submit to the appropriate committees of Congress a report regarding the progress and effectiveness of implementing the work plan developed under subsection (b)(3). (3) Final report.--Not later than 3 years after the date on which the task force submits the progress report under paragraph (2), the task force shall submit to the appropriate committees of Congress a final report including-- (A) the results of implementing the work plan developed under subsection (b)(3); and (B) recommendations on the practices that individual elementary schools and secondary schools should implement to further remove the hardships that disadvantaged youth may face. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for each of fiscal years 2017 through 2028 to carry out this Act. SEC. 6. DEFINITIONS. For purposes of this Act: (1) At-risk children.--The term ``at-risk children'' includes elementary school and secondary school students who-- (A) are subject to grade retention; (B) have poor academic performance; (C) have a high rate of absenteeism; (D) have behavioral problems; or (E) are subject to frequent housing mobility. (2) Community volunteer.--The term ``community volunteer'' means an individual who voluntarily offers to mentor an elementary school or secondary school student, without compensation, and-- (A) has passed a background check conducted in accordance with procedures established by the Secretary and with applicable State and local laws; or (B) in the event that the individual has failed the background check conducted under subparagraph (A)-- (i) has maintained a record free of criminal infractions for the 5 most recent calendar years; (ii) has provided at least 2 character references; (iii) has had no history of violence against children or animals; (iv) has passed a drug test; and (v) has been approved for purposes of the mentoring program under section 2(c)(8) by the local police department. (3) Disadvantaged youth.--The term ``disadvantaged youth'' includes at-risk children and elementary school and secondary school students-- (A) whose family receives assistance under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); (B) whose family has an income below the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved; or (C) who have a history of trauma or abuse, including substance abuse, in the home. (4) ESEA terms.--The terms ``local educational agency'', ``parent'', ``elementary school'', ``secondary school'', and ``Secretary'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

Keep Students in School Act of 2016 This bill establishes a grant program through which the Department of Education (ED) shall assist local educational agencies in carrying out one or more of the following activities: establishing an attendance program; funding after-school programs and recreational activities; establishing a teacher training and development program that focuses on issues relating to racial inequality and poverty; if applicable, making a zero tolerance policy more compatible with the goals of student retention and engagement; establishing a student absence policy with respect to at-risk children; collaborating with local agencies and social workers to address issues facing at-risk children; providing parents of at-risk children with resources and support; establishing or expanding a mentoring program; or providing schools with licensed social workers. ED shall provide technical assistance to grantees upon request. In addition, ED shall establish a task force to develop a comprehensive work plan to address the hardships that disadvantaged youth may face in attending school and attaining academic success. The task force shall: (1) coordinate interagency efforts to address such hardships, (2) assess the effectiveness of federal programs aimed at addressing those hardships, and (3) develop a plan that implements improvements to such federal programs and incorporates positive youth development practices.

Keep Students in School Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public and Indian Housing Crime and Drug Elimination Program Reauthorization Act of 2009''. SEC. 2. AMENDMENT TO SHORT TITLE. (a) In General.--The Public and Assisted Housing Drug Elimination Act of 1990 is amended by striking the chapter designation and heading and all that follows through section 5121 (42 U.S.C. 11901 note; 102 Stat. 4301; 104 Stat. 4245) and inserting the following: ``CHAPTER 2--PUBLIC AND INDIAN HOUSING CRIME AND DRUG ELIMINATION PROGRAM ``SEC. 5121. SHORT TITLE. ``This chapter may be cited as the `Public and Indian Housing Crime and Drug Elimination Program Act'.''. (b) References.--Any reference in any Federal, State, tribal, or local law (including regulations) to the ``Public and Assisted Housing Drug Elimination Act of 1990'' (42 U.S.C. 11901 et seq.) shall be considered to be a reference to the ``Public and Indian Housing Crime and Drug Elimination Program Act''. SEC. 3. ELIGIBLE ACTIVITIES. Section 5124(a)(6) of the Public and Indian Housing Crime and Drug Elimination Program Act (42 U.S.C. 11903(a)(6)) (as amended by section 2(a)) is amended by striking ``treatment programs;'' and inserting the following: ``treatment programs, except that the activities conducted under any such program and paid for, in whole or in part, using a grant provided under this chapter may only include-- ``(A) providing access to treatment for drug abuse through rehabilitation or relapse prevention; ``(B) providing education regarding the dangers and adverse consequences of drug use or violent crime; ``(C)(i) assisting drug users in discontinuing drug use through an educational program; and ``(ii) if appropriate, referring the users to drug treatment programs; ``(D) providing after-school activities for youths for the purpose of discouraging, reducing, or eliminating drug use or violent crime by youths; ``(E) providing capital improvements for the purpose of discouraging, reducing, or eliminating drug use or violent crime; and ``(F) providing security services for the purpose of discouraging, reducing, or eliminating drug use or violent crime;''. SEC. 4. APPLICATIONS. Section 5125(a) of the Public and Indian Housing Crime and Drug Elimination Program Act (42 U.S.C. 11904(a)) (as amended by section 2(a)) is amended-- (1) by striking the subsection designation and heading and all that follows through ``To receive a grant'' and inserting the following: ``(a) Requirement.-- ``(1) In general.--To receive a grant''; (2) in the first sentence, by inserting a comma after ``an Indian tribe''; (3) in the second sentence-- (A) by striking ``Such application'' and inserting the following: ``(2) Inclusion of plan.--An application under paragraph (1)''; and (B) by striking ``around of the housing'' and inserting ``around the housing''; and (4) by adding at the end the following: ``(3) Development; agreements.--Each plan submitted under paragraph (2) shall-- ``(A) to the maximum extent practicable, be developed in coordination with relevant local law enforcement agencies and other local entities involved in crime prevention and reduction; and ``(B) include an agreement between the applicant and the Office of Policy Development and Research under which the applicant shall work cooperatively with the Office in carrying out section 5129.''. SEC. 5. REPORTS. Section 5127 of the Public and Indian Housing Crime and Drug Elimination Program Act (42 U.S.C. 11906) (as amended by section 2(a)) is amended by adding at the end the following: ``(d) Effectiveness Report.--Not later than 4 years after the date of enactment of the Public and Indian Housing Crime and Drug Elimination Program Reauthorization Act of 2009, the Secretary shall submit to Congress a report that includes-- ``(1) aggregate data regarding the categories of program activities that have been funded by grants under this chapter; ``(2) promising strategies relating to preventing and reducing violent and drug-related crime in public, Indian, and federally assisted low-income housing derived from-- ``(A) a review of existing research; and ``(B) evaluations of programs funded by grants under this chapter that were conducted by-- ``(i) the Office of Policy Development and Research; or ``(ii) grantees; ``(3) the means by which the strategies described in paragraph (2) have been incorporated into-- ``(A) guidance provided to applicants under this chapter; and ``(B) regulations promulgated pursuant to this chapter; and ``(4) any statutory changes recommended by the Secretary to increase the effectiveness of grants provided under this chapter.''. SEC. 6. OFFICE OF POLICY DEVELOPMENT AND RESEARCH REVIEW AND EVALUATION PLAN. The Public and Indian Housing Crime and Drug Elimination Program Act (as amended by section 2(a)) is amended-- (1) by redesignating section 5129 (42 U.S.C. 11908) as section 5130; and (2) by inserting after section 5128 (42 U.S.C. 11907) the following: ``SEC. 5129. OFFICE OF POLICY DEVELOPMENT AND RESEARCH REVIEW AND EVALUATION PLAN. ``(a) Review.-- ``(1) In general.--The Office of Policy Development and Research established pursuant to section 501 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1) shall conduct a review of existing research relating to preventing and reducing violent and drug-related crime to assess, using scientifically rigorous and acceptable methods, any strategies that-- ``(A) have been found to be effective in preventing and reducing violent and drug-related crime; and ``(B) are likely to be effective in preventing and reducing violent and drug-related crime in public and federally assisted low-income housing. ``(2) Report.--Not later than 180 days after the date of enactment of the Public and Indian Housing Crime and Drug Elimination Program Reauthorization Act of 2009, the Secretary shall publish a written report describing the results of the review under paragraph (1). ``(b) Evaluation Plan.-- ``(1) In general.--On completion of the review under subsection (a)(1), the Office of Policy Development and Research, in consultation with housing authorities, social scientists, and other interested parties, shall develop and implement a plan for evaluating the effectiveness of each strategy (including new and innovative strategies and existing strategies) funded under this chapter that have not previously been subject to a rigorous evaluation methodology, as determined by the Office. ``(2) Methodology.--The plan developed under paragraph (1) shall require each evaluation carried out pursuant to the plan to use a rigorous methodology, particularly random assignment (where practicable), that is capable of producing scientifically valid knowledge regarding which program activities are effective in preventing and reducing violent and drug-related crime in public and other federally assisted low- income housing.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 5130 of the Public and Indian Housing Crime and Drug Elimination Program Act (as amended by sections 2(a) and 6(1)) (42 U.S.C. 11908) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.--There are authorized to be appropriated to carry out this chapter-- ``(1) $240,000,000 for fiscal year 2010; ``(2) $250,000,000 for fiscal year 2011; ``(3) $265,000,000 for fiscal year 2012; ``(4) $285,000,000 for fiscal year 2013; and ``(5) $310,000,000 for fiscal year 2014.''; and (2) by adding at the end the following: ``(d) Set-aside for Office of Policy Development and Research.--Of the amounts made available for each fiscal year to carry out this chapter, not less than 2 percent shall be made available to the Office of Policy Development and Research to carry out section 5129.''.

Public and Indian Housing Crime and Drug Elimination Program Reauthorization Act of 2009 - Amends the Public and Assisted Housing Drug Elimination Act of 1990 to rename it the Public and Indian Housing Crime and Drug Elimination Program Act. Limits activities for programs designed to reduce drug use in and around assisted low-income housing to: (1) providing access to drug abuse treatment through rehabilitation or relapse prevention; (2) providing education about the dangers and consequences of drug use or violent crime; (3) assisting drug use discontinuance through education or treatment programs; (4) providing after school youth activities; and (5) providing capital improvements and security services to discourage or eliminate drug use or violent crime. Requires grant application plans to: (1) be developed in coordination with relevant local law enforcement agencies and other local entities involved in crime prevention and reduction; and (2) include an agreement between the applicant and the Office of Policy Development and Research of the Department of Housing and Urban Development (HUD) under which the applicant shall work cooperatively with the Office in carrying out technical assistance and program oversight under the Act. Requires: (1) the Office to review existing research relating to preventing violent and drug-related crime; and (2) the Secretary of HUD to publish a written report describing such results. Requires the Office to develop and implement a plan for evaluating the effectiveness of each specified strategy funded under the Act that has not previously been subject to a rigorous evaluation methodology. Reauthorizes the program through FY2014.

A bill to reauthorize the public and Indian housing drug elimination program of the Department of Housing and Urban Development, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Terror-Free Skies Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Iran is designated as the world's foremost state sponsor of terrorism and a direct threat to the national security of the United States and United States allies. (2) Iran, through its Islamic Revolutionary Guard Corps (in this section referred to as the ``IRGC''), provides material and financial support to foreign terrorist organizations, including Hamas, Hezbollah, and Kata'ib Hezbollah, as well as to the regime of Bashar al-Assad in Syria, which is responsible for more than 400,000 civilian deaths. (3) Iran has systematically employed its national air carrier, Iran Air, as well as numerous private and publicly owned Iranian and Syrian air carriers, including Mahan Air, to ferry weapons, troops, and military equipment on behalf of the IRGC and Iran's Ministry of Defense and Armed Forces Logistics (in this section referred to as ``MODAFL'') to foreign terrorist organizations and rogue regimes around the world. (4) On June 23, 2011, the United States Department of the Treasury designated Iran Air for the imposition of sanctions pursuant to Executive Order 13382 (50 U.S.C. 1701 note; relating to blocking property of weapons of mass destruction delivery system proliferators and their supporters) for providing material support and services to the IRGC, including shipping military-related equipment on behalf of the IRGC since 2006 and transporting rockets or missiles to Syria. (5) On January 16, 2016, Iran Air was removed from the list of specially designated nationals and blocked persons by the Department of the Treasury even though Iran Air had not ceased its illicit and sanctionable activity. (6) Iran Air remains owned and operated by the Government of Iran and has, since January 16, 2016, flown numerous unscheduled flights on well-known weapons supply routes between Iran and Syria. (7) In correspondence with Members of Congress, the Secretary of the Treasury has refused to confirm that Iran Air has ceased its illicit activity. In a November 23, 2016, letter to Representative Peter Roskam, Thomas Patrick Maloney, Senior Advisor in the Office of Legislative Affairs of the Department of the Treasury wrote: ``The United States retains the ability to designate any individual or entity that engages in sanctionable activities under our authorities targeting conduct outside the scope of the JCPOA, including Iran's support for terrorism, human rights abuses, ballistic missile program, and other destabilizing activities in the region.''. (8) Evidence supports that, despite being removed from the list of specially designated nationals and blocked persons on January 16, 2016, Iran Air has continued its illicit and sanctionable activity in support of the IRGC, MODAFL, Hezbollah, and the Bashar al-Assad regime since January 16, 2016. SEC. 3. REPORT ON USE BY THE GOVERNMENT OF IRAN OF COMMERCIAL AIRCRAFT AND RELATED SERVICES FOR ILLICIT MILITARY OR OTHER ACTIVITIES. (a) Report.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on use by the Government of Iran of commercial aircraft and related services for illicit military or other activities during-- (1) in the case of the first report, the 5-year period preceding submission of the report; and (2) in the case of any subsequent report, the 180-day period preceding submission of the report. (b) Elements of Report.--The report required under subsection (a) shall include a description of the extent to which-- (1) the Government of Iran has used commercial aircraft, including aircraft of Iran Air, or related services to transport illicit cargo to or from Iran, including military goods, weapons, military personnel, military-related electronic parts and mechanical equipment, or rocket or missile components; (2) the commercial aviation sector of Iran, including Iran Air, has provided financial, material, or technological support to the Islamic Revolutionary Guard Corps, Iran's Ministry of Defense and Armed Forces Logistics, the regime of Bashar al- Assad in Syria, Hezbollah, Hamas, Kata'ib Hezbollah, any other organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), or any person on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury; and (3) foreign governments and persons have facilitated the activities described in paragraph (1), including allowing the use of airports, services, or other resources. (c) Effect of Determination.--If, in a report submitted under this section, the President determines that Iran Air or any other Iranian commercial air carrier has used commercial aircraft for illicit military purposes on or after January 16, 2016, the President shall, not later than 90 days after making that determination, include the air carrier on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. (d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 4. SUNSET. This Act shall cease to be effective on the date that is 30 days after the date on which the President certifies to Congress that the Government of Iran has ceased providing support for acts of international terrorism.

Iran Terror-Free Skies Act of 2017 This bill requires the President to report to specified congressional committees every 180 days on the Iranian government's use of commercial aircraft and related services for illicit military or other activities during: (1) the preceding five years, for the first report; and (2) the preceding 180 days, for any subsequent report. Such reports shall describe the extent to which: Iran's government has used commercial aircraft, including Iran Air, or related services to transport illicit cargo to or from Iran, including military goods, weapons, personnel, electronic parts and mechanical equipment, or rocket or missile components; the commercial aviation sector of Iran has provided support to the Islamic Revolutionary Guard Corps, Iran's Ministry of Defense and Armed Forces Logistics, the Bashar al Assad Regime in Syria, Hezbollah, Hamas, Kata'ib Hezbollah, any other organization designated as a foreign terrorist organization under the Immigration and Nationality Act, or any person on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control; and foreign governments and persons have facilitated such activities. If the President determines in such a report that any Iranian commercial air carrier has used commercial aircraft for illicit military purposes on or after January 16, 2016, the President shall include the air carrier on such list. This bill shall cease to be effective 30 days after the President certifies that the Iranian government has ceased providing support for acts of international terrorism.

Iran Terror-Free Skies Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethical Pathway Act of 2012''. SEC. 2. PURPOSE. The purpose of this Act is to eliminate requirements to undertake duplicative clinical testing of new pharmaceutical drugs, vaccines, biological products or medical devices, when such duplication is inconsistent with relevant ethical norms, by providing for the opportunity to rely upon existing trials, subject to sharing of the costs of those trials, during the period when regulatory test data is protected. SEC. 3. ETHICAL PATHWAY FOR THE APPROVAL AND LICENSOR OF REGULATED PRODUCTS. (a) Definitions.--For purposes of this Act: (1) Applicant.--The term ``applicant'' means a person who submits to the Secretary an application to sell a regulated product. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of Food and Drugs. (3) Regulated product.--The term ``regulated product'' includes any new pharmaceutical drug, vaccine, biologic product or medical device, that requires regulatory approval by the Secretary. (4) Regulatory test data.--The term ``regulatory test data'' means the evidence regarding the safety and efficacy of new pharmaceutical drugs or biological products used in order to obtain marketing approval for use in humans or vertebrate animals. (5) Relevant application or license.--The term ``relevant application or license'' means a new drug application or new biological product license application approved by the Secretary or relevant authority in a foreign country which contains regulatory test data requested by an applicant under this section. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Ethical Pathway.--As soon as practicable after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall establish a mechanism by which an applicant may request a cost- sharing arrangement described in subsection (c). An applicant may request such an arrangement if, but for the arrangement-- (1) the applicant would be required to conduct clinical investigations involving human subjects that violate Article 20 of the Declaration of Helsinki on Ethical Principles for Medical Research Involving Human Subjects in order to obtain regulatory approval of a regulated product; or (2) the duplication of the clinical investigations required for such application would violate other applicable ethical standards concerning the testing of products on humans or other vertebrate animals. (c) Cost-Sharing Arrangement.-- (1) Responsibility of applicant.--An applicant that intends to perform clinical investigations involving humans or vertebrate animals in order to file an application for a regulated product shall take all necessary measures to verify that those investigations have not been performed or initiated by another person. (2) Voluntary agreement procedures.--An applicant shall make reasonable efforts to obtain voluntary agreements to use existing regulatory test data, such as by offering to make contributions toward the cost of undertaking such tests, which the applicant does not have the right to rely upon in the absence of a license or a cost-sharing agreement. (3) Failure to reach voluntary agreement.--The applicant shall notify the Commissioner or the appropriate designee of the Commissioner if there is a failure to reach a voluntary agreement to use such test data. Upon receipt of a notification of a failure to reach a voluntary agreement, the Commissioner or such designee shall ask the parties to agree to binding arbitration to determine the reasonable and fair fee for relying upon relevant regulatory test data. If one or more of the parties refuses to participate in such arbitration, the Commissioner shall determine a reasonable and fair fee for the reliance by the applicant on such regulatory test data. (4) Reasonable and fair fee.--The reasonable and fair fee for the reliance by the applicant on the regulatory test data shall be determined after considering the following factors: (A) The actual out-of-pocket costs of the applicable clinical investigations. (B) The risks of the investigations, as reflected in the probabilities that similar investigations result in successful applications for marketing. (C) Any Federal grants, tax credits, or other subsidies that reduce the net cost of the investigations. (D) The expected share of the global market for the product involved, by the party seeking to rely upon the investigations for marketing approval. (E) The amount of the time the holder or holders of the relevant applications or licenses has benefitted from exclusive rights, and the cumulative revenue earned on the products that relied upon the regulatory test data at issue. (d) Public Disclosure.-- (1) In general.--In order to enhance the transparency of the costs of innovation, and to provide greater predictability as to the liability associated with nonvoluntary reliance upon regulatory test data, the Secretary shall adopt procedures and rules under which sufficient information about the costs and fees will be made public by the arbitrator or the Commissioner (or the appropriate designee of the Commissioner), as applicable. (2) Content.--The information made public under paragraph (1) shall include at least summary data of the actual costs of the clinical investigations, the factors considered under subsection (c)(4), and the amount of the fee provided to the holder or holders of the relevant applications or licenses. (3) Limitations.--The requirements for public disclosure of the costs of the clinical investigations shall not apply to cases where the owner of the rights in the regulatory test data does not assert an exclusive right to rely upon such test data. If the owner of the rights in the regulatory test data asserts an exclusive right, but reaches a voluntary agreement on the fee for relying upon the data under subsection (c)(2), the amount of the fee paid by the applicant shall be provided to the Secretary or a designee, and be made public.

Ethical Pathway Act of 2012 - Directs the Commissioner of Food and Drugs (FDA) to establish a mechanism by which an applicant to sell any new pharmaceutical drug, vaccine, biologic product, or medical device that requires regulatory approval by the Secretary of Health and Human Services (HHS) (regulated product) may request a cost-sharing arrangement under which the applicant shall: (1) verify that intended clinical investigations involving humans or vertebrate animals have not been performed or initiated by another person; (2) make reasonable efforts to obtain voluntary agreements to use existing evidence regarding the safety and efficacy of new pharmaceutical drugs or biological products used to obtain marketing approval for use in humans or vertebrate animals (regulatory test data); and (3) notify the Commissioner if there is a failure to reach a voluntary agreement, at which point the Commissioner shall ask the parties to agree to binding arbitration to determine the reasonable and fair fee for relying upon relevant regulatory test data. Permits such applicant to request such arrangement if, but for the arrangement: (1) the applicant would be required to conduct clinical investigations involving human subjects that violate Article 20 of the Declaration of Helsinki on Ethical Principles for Medical Research Involving Human Subjects in order to obtain regulatory approval of the regulated product, or (2) the duplication of the clinical investigations required for such application would violate other applicable ethical standards concerning the testing of products on humans or other vertebrate animals. Requires the fee for reliance by the applicant on such regulatory test data to be determined after considering: (1) the actual out-of-pocket costs of the applicable clinical investigations; (2) the risks of the investigations; (3) any federal grants, tax credits, or other subsidies; (4) the expected share of the global market for the product involved; and (5) the amount of time the holders of the relevant applications or licenses have benefited from exclusive rights and the cumulative revenue earned on the products that relied upon the data at issue. Directs the Secretary to adopt procedures and rules under which sufficient information about costs and fees will be made public.

A bill to eliminate requirements to undertake duplicative clinical testing of new pharmaceutical drugs, vaccines, biological products, or medical devices, when such duplication is inconsistent with relevant ethical norms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Refinery Revitalization Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) It serves the national interest to increase refinery capacity for gasoline, heating oil, diesel fuel, and jet fuel wherever located within the United States, to bring more supply to the markets for use by the American people. Forty-eight percent of the crude oil in the United States is used for the production of gasoline. Production and use of refined petroleum products has a significant impact on interstate commerce. (2) United States demand for refined petroleum products, such as gasoline and heating oil, currently exceeds our domestic capacity to produce them. By 2025, United States gasoline consumption is projected to rise from 8,900,000 barrels per day to 13,300,000 barrels per day. Diesel fuel and home heating oil are becoming larger components of an increasing demand for refined petroleum supply. With the increase in air travel, jet fuel consumption is projected to be 760,000 barrels per day higher in 2025 than today. (3) The refinery industry is operating at nearly 100 percent of capacity during the peak gasoline consumption season and is producing record levels of needed products at other times. The excess demand has recently been met by increased imports. The United States currently is importing 7 percent of its refined petroleum products but few foreign refiners can produce the clean fuels required in the United States. (4) Refiners are subject to significant environmental and other regulations and face several new Clean Air Act requirements over the next decade. Today 153 refineries operate in the United States, down from 324 in 1981. Almost 25 percent of our Nation's refining capacity is controlled by foreign ownership. Easily restored capacity at idled refineries amounted to 539,000 barrels a day in 2002, or 3.3 percent of the total operating capacity. No new refineries have been built in the United States since 1976. Most refineries are located on century-old sites. New Clean Air Act requirements will benefit the environment but will also require substantial capital investment and additional government permits. (5) Refiners have met growing demand by increasing the use of existing equipment and increasing the efficiency and capacity of existing plants. But refining capacity has begun to lag behind peak summer demand. (6) Heavy industry and manufacturing jobs have closed or relocated due to barriers to investment, burdensome regulation, and high costs of operation, among other reasons. (7) More regulatory certainty for refinery owners is needed to stimulate investment in increased refinery capacity. (8) Required procedures for Federal, State, and local regulatory approvals need to be streamlined to ensure that increased refinery capacity can be developed and operated in a safe, timely, and cost-effective manner. SEC. 3. DESIGNATION OF REFINERY REVITALIZATION ZONES. The Secretary of Energy shall designate as a Refinery Revitalization Zone any area-- (1) that-- (A) has experienced mass layoffs at manufacturing facilities, as determined by the Secretary of Labor; or (B) contains an idle refinery; and (2) that has an unemployment rate of at least 20 percent above the national average, as set forth by the Department of Labor, Bureau of Labor Statistics, at the time of designation as a Refinery Revitalization Zone. SEC. 4. COMPLIANCE WITH ALL ENVIRONMENTAL REGULATIONS REQUIRED. The best available control technology, as appropriate, shall be employed on all refineries located within a Refinery Revitalization Zone to comply with all applicable Federal, State, and local environmental regulations. Nothing in this Act shall be construed to waive or diminish in any manner the applicability to any refinery facility located within a Refinery Revitalization Zone existing or future environmental regulations. SEC. 5. COORDINATION AND EXPEDITIOUS REVIEW OF PERMITTING PROCESS. (a) Department of Energy Lead Agency.--Upon request of an applicant for a Federal authorization related to the siting and operation of a refinery facility within a Refinery Revitalization Zone, the Department of Energy shall be the lead agency for coordinating all applicable Federal authorizations and related environmental reviews of the facility. To the maximum extent practicable under applicable Federal law, the Secretary of Energy shall coordinate this Federal authorization and review process with any Indian Tribes and State and local agencies responsible for conducting any separate permitting and environmental reviews of the facility, to ensure timely and efficient review and approval of any permit decisions. (b) Authority to Set Deadlines.--As lead agency, the Department of Energy, in consultation with agencies responsible for Federal authorizations and, as appropriate, with Indian Tribes and State or local agencies willing to coordinate their own separate permitting and environmental reviews with the Federal authorization and environmental reviews, shall establish prompt and binding intermediate and ultimate deadlines for the review of, and Federal authorization decisions relating to, the refinery facility. The Secretary of Energy shall ensure that once an application has been submitted with such data as the Secretary considers necessary, all permit decisions and related environmental reviews under all applicable Federal laws shall be completed within 6 months or, where circumstances require otherwise, as soon thereafter as is practicable. The Secretary of Energy also shall provide an expeditious preapplication mechanism for prospective applicants to confer with the agencies involved to have each such agency determine and communicate to the prospective applicant within 60 days after the prospective applicant submits a request for the information concerning-- (1) the likelihood of approval for a potential facility; and (2) key issues of concern to the agencies and public. (c) Consolidated Environmental Review and Record of Decision.--As lead agency, the Department of Energy, in consultation with the affected agencies, shall prepare a single environmental review document, which shall be used as the basis for all decisions on the proposed project under Federal law. The document may be an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 if warranted, or such other form of analysis as may be warranted, in the discretion of the Secretary. Such document shall include consideration by the relevant agencies of any applicable criteria or other matters as required under applicable laws. (d) Appeals.--In the event any agency has denied a Federal authorization required for a refinery facility within a Refinery Revitalization Zone, or has failed to act by the deadline established by the Secretary pursuant to this section for deciding whether to issue the authorization, the applicant or any State in which the facility would be located may file an appeal with the Secretary. Based on the overall record and in consultation with the affected agency, the Secretary may then either issue the necessary authorization with appropriate conditions, or deny the application. The Secretary shall issue a decision within 60 days after the filing of the appeal. In making a decision under this subsection, the Secretary shall comply with applicable requirements of Federal law, including any requirements of the Clean Air Act, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Solid Waste Disposal Act, the Toxic Substances Control Act, the National Historic Preservation Act, and the National Environmental Policy Act of 1969. Any judicial appeal of the Secretary's decision shall be to the United States Court of Appeals for the District of Columbia. (e) Conforming Regulations and Memoranda of Understanding.--Not later than 6 months after the date of enactment of this Act, the Secretary of Energy shall issue any regulations necessary to implement this section. Not later than 6 months after the date of enactment of this Act, the Secretary and the heads of all Federal agencies with authority to issue Federal authorizations shall enter into Memoranda of Understanding to ensure the timely and coordinated review and permitting of refinery facilities within a Refinery Revitalization Zone. The head of each Federal agency with authority to issue a Federal authorization shall designate a senior official responsible for, and dedicate sufficient other staff and resources to ensure, full implementation of the Department of Energy regulations and any Memoranda under this subsection. Interested Indian Tribes and State and local agencies may enter such Memoranda of Understanding. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Federal authorization'' means any authorization required under Federal law (including the Clean Air Act, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Solid Waste Disposal Act, the Toxic Substances Control Act, the National Historic Preservation Act, and the National Environmental Policy Act of 1969) in order to site, construct, upgrade, or operate a refinery facility within a Refinery Revitalization Zone, including such permits, special use authorizations, certifications, opinions, or other approvals as may be required, whether issued by a Federal, State or local agency; (2) the term ``idle refinery'' means any intact refinery facility that has not been in operation after June 1, 2004; and (3) the term ``refinery facility'' means any facility designed and operated to refine raw crude oil into gasoline, heating oil, diesel fuel, or jet fuel by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof. Passed the House of Representatives June 16, 2004. Attest: JEFF TRANDAHL, Clerk.

United States Refinery Revitalization Act of 2004 - (Sec. 3) Directs the Secretary of Energy to designate as a Refinery Revitalization Zone any area that: (1) has experienced mass layoffs at manufacturing facilities or contains an idle refinery; and (2) has an unemployment rate of at least 20 percent above the national average, as set forth at the time of designation as a Refinery Revitalization Zone. (Sec. 5) Designates the Department of Energy (DOE) as Lead Agency for coordinating Federal authorizations and related environmental reviews of the facility upon request of an applicant for a Federal authorization related to the siting and operation of a refinery facility within a Refinery Revitalization Zone. Instructs the Secretary to coordinate the Federal authorization and review process with any Indian Tribes and State and local agencies responsible for conducting any separate permitting and environmental reviews of the facility. Directs DOE, as lead agency, to prepare a single environmental review document to be used as the basis for all decisions on the proposed project. Sets forth an appeals process in the event the Federal authorization required for a refinery facility within a Refinery Revitalization Zone has been either denied, or an agency has failed to act by the deadline established by the Secretary. Directs the Secretary and the appropriate heads of Federal agencies to enter into Memoranda of Understanding to ensure timely, coordinated review and permitting of refinery facilities within a Refinery Revitalization Zone. Permits interested Indian Tribes and State and local agencies to enter into such Memoranda as well.

To provide incentives to increase refinery capacity in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of State Authorities Act, Fiscal Year 2017, Improvements Act''. SEC. 2. REPORTS. (a) Omnibus Diplomatic Security and Antiterrorism Act of 1986.-- Section 104(a) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as added by section 101 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), is amended by inserting ``and the Committees on Appropriations of the Senate and the House of Representatives'' after ``appropriate congressional committees''. (b) Annual Report on Embassy Construction Costs.--Section 118(a) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended by inserting ``and the Committees on Appropriations of the Senate and the House of Representatives'' after ``appropriate congressional committees''. (c) Oversight of and Accountability for Peacekeeper Abuses.-- Section 301(a) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended by inserting ``and the Committees on Appropriations of the Senate and the House of Representatives'' after ``appropriate congressional committees''. (d) Workforce Rightsizing Report.--Section 405(c) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended by inserting ``and the Committees on Appropriations of the Senate and the House of Representatives'' after ``appropriate congressional committees''. (e) Consular Immunity.--Subsection (b)(2) of section 4 of the Diplomatic Relations Act (22 U.S.C. 254c), as added by section 501 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), is amended by striking ``of the House of Representatives and the Committee on Foreign Relations'' and inserting ``and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations''. (f) Western Hemisphere Drug Policy Commission Report.--Section 602(c) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended-- (1) by inserting ``and the Committee on Appropriations'' after ``Committee on Foreign Affairs''; and (2) by inserting ``and the Committee on Appropriations'' after ``Committee on Foreign Relations''; SEC. 3. PEACEKEEPING TRAINING. Section 301 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended-- (1) in subsection (e)-- (A) in paragraph (1), by striking ``enhance the discovery'' and inserting ``investigate allegations''; (B) in paragraph (2), by striking ``adequately respond to complaints about such offenses by carrying out swift and effective disciplinary action against the personnel'' and inserting ``appropriately hold accountable personnel''; and (C) in paragraph (3), by inserting ``, including compensation to victims, as appropriate'' after ``responses to such offenses''; (2) in subsection (f)(2), by striking ``any individual who commits an act'' and inserting ``personnel who are found to have committed acts''; and (3) in subsection (g)(1), by striking ``noteworthy''. SEC. 4. QUALIFICATIONS OF THE UNITED NATIONS SECRETARY GENERAL. Section 310 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended-- (1) in subsection (b), by striking ``The descriptions referred to in subsection (a) shall include the following elements'' and inserting ``In addition to the descriptions referred to in subsection (a), each such candidate shall be urged to describe the following''; and (2) in subsection (c), by striking ``such l'' and inserting ``such agenda''. SEC. 5. POLICY REGARDING THE UNITED NATIONS HUMAN RIGHTS COUNCIL. Section 311(a)(2) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended-- (1) in subparagraph (C), by striking ``or'' at the end; (2) in subparagraph (D), by striking ``and'' at the end; and (3) by adding at the end the following new subparagraphs: ``(E) which has been designated as a Tier 3 country in the annual Department of State Trafficking in Persons Report under the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107); or ``(F) which is identified as having failed to prevent or address gross violations of human rights in the annual Department of State Human Rights Report under the Foreign Assistance Act of 1961 and the Trade Act of 1974; and''. SEC. 6. COMPARATIVE REPORT ON PEACEKEEPING OPERATIONS. Section 313 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended-- (1) by inserting ``and the Committees on Appropriations of the Senate and the House of Representatives'' after ``appropriate congressional committees''; (2) by amending paragraph (1) to read as follows: ``(1) a comparison of the costs of current United Nations peacekeeping operations, including the costs incurred by the United States for such operations, and the estimated cost of such operations if implemented unilaterally by the United States;''; (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1), as amended by paragraph (2) of this section, the following new paragraph: ``(2) an assessment of the operational, structural, and doctrinal differences between the military and civilian infrastructures of the United States and United Nations and other assumptions that impact cost estimates; and''. SEC. 7. LATERAL ENTRY INTO THE FOREIGN SERVICE. Section 404(a) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended by striking ``outstanding''. SEC. 8. COMBATING INTOLERANCE. The section heading of section 419 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended by striking ``anti-semitism'' and inserting ``intolerance''. SEC. 9. TECHNICAL CORRECTIONS REGARDING COMPLETION OF WESTERN HEMISPHERE DRUG POLICY COMMISSION REPORT. Section 603 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended-- (1) in subsection (f)(1), by striking ``section 362'' and inserting ``section 602(c)''; and (2) by amending subsection (h) to read as follows: ``(h) Compensation.--Members of the Commission shall serve without pay or benefits.''. SEC. 10. TECHNICAL CORRECTION REGARDING POWERS OF WESTERN HEMISPHERE DRUG POLICY COMMISSION. Section 604 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended by adding at the end the following new subsection: ``(f) Gifts, Bequests, and Devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or property, both real and personal, for the purpose of carrying out any duty, power, or authority of the Commission.''. SEC. 11. BROADCASTING BOARD OF GOVERNORS. Section 703(b)(2) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended by striking ``any significant restructuring,''. SEC. 12. RANSOMS TO FOREIGN TERRORIST ORGANIZATIONS. Section 709(a) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended by inserting ``, to the extent practicable,'' before ``transmit''. SEC. 13. RESTORATION OF TIBET REPORT. Section 613 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228, 22 U.S.C. 6901 note), as amended by section 715(b)(1) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), is further amended-- (1) in subsection (a), by striking ``In General'' and inserting the following: ``Policy.-- ``(1) In general.--''; (2) by redesignating subsection (b) as paragraph (2) and moving such paragraph, as so redesignated, two ems to the right; and (3) by adding at the end the following new subsection: ``(b) Periodic Reports.--Not later than 180 days after the date of the enactment of the Department of State Authorities Act, Fiscal Year 2017, Improvements Act, and annually thereafter until December 31, 2021, the President shall transmit to the appropriate congressional committees a report on-- ``(1) the steps taken by the President and the Secretary in accordance with subsection (a)(1) to implement the Tibetan Policy Act of 2002; and ``(2) the status of any discussions between the People's Republic of China and the Dalai Lama or his representatives or a successor selected by a method of the 14th Dalai Lama's own choosing or the representatives of such successor.''. SEC. 14. DEPARTMENT OF STATE REORGANIZATIONS. The report required under subsection (l) of section 7034 of the Consolidated Appropriations Act, 2017 (Public Law 115-31) shall also be provided to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations in the Senate concurrent with the submission of such report to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate pursuant to such subsection. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Department of State Authorities Act, Fiscal Year 2017, Improvements Act This bill makes technical changes to the Department of State Authorities Act, Fiscal Year 2017 and other related Acts. The bill provides the House and Senate Appropriations Committees with oversight authority regarding congressional reports on: (1) high-risk diplomatic and consular posts, (2) embassy construction costs, (3) combating sexual exploitation in United Nations (U.N.) peacekeeping operations, (4) Department of State overseas staffing levels, and (5) reducing illicit drug supply and abuse in the Western Hemisphere. The bill provides such committees with oversight authority regarding the granting of consular immunity. The Department of State Authorities Act, Fiscal Year 2017 is amended regarding: (1) replacement of a specified reference to anti-Semitism with a reference to intolerance; (2) the definition of "change to the federal status" with respect to the Cuba Service and the Television Marti Service; (3) the report on the costs, strengths, and limitations of U.S. and U.N. peacekeeping operations; (4) U.N. peacekeeper training to reduce sexual exploitation; (5) the U.N. Secretary General; (6) Foreign Service entry; (7) completion of the Western Hemisphere Drug Policy Commission report; and (8) ransoms to foreign terrorist organizations. The United States should use its influence to prohibit U.N. Human Rights Council membership to a country: (1) designated as a Tier 3 human trafficking country, or (2) identified as having failed to prevent or address gross violations of human rights. The President shall report to Congress regarding steps taken to encourage China to enter into a dialogue with the Dalai Lama leading to a negotiated agreement on Tibet.

Department of State Authorities Act, Fiscal Year 2017, Improvements Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Traumatic Brain Injury Act of 2012'' or the ``TBI Act of 2012''. SEC. 2. TRAUMATIC BRAIN INJURY ACT REAUTHORIZATION. (a) Prevention and Control of Injuries.-- (1) Prevention of traumatic brain injury.--Section 393B of the Public Health Service Act (42 U.S.C. 280b-1c) is amended-- (A) in the heading, by striking ``prevention of traumatic brain injury'' and inserting ``preventing, recognizing, and responding to traumatic brain injury''; (B) in subsection (a), by striking ``to reduce the incidence of'' and inserting ``that help prevent, recognize, and respond to''; (C) in subsection (b)(1), by striking ``for the prevention of'' and inserting ``preventing, recognizing, and responding to''; and (D) in subsection (b)(3), by striking each place it appears ``2010'' and inserting ``2020''. (2) National program for traumatic brain injury surveillance and registries.--Section 393C(b) of such Act (42 U.S.C. 280b-1d(b)) is amended, in the first sentence-- (A) by striking ``18 months after the date of enactment of the Traumatic Brain Injury Act of 2008'' and inserting ``3 years after the date of the enactment of Traumatic Brain Injury Act of 2012''; and (B) by striking ``Veterans Affairs, shall submit'' and all that follows through the period and inserting ``Veterans Affairs, shall submit to the relevant committees of Congress a report on Federal agency collaboration, including collaboration within the Department of Health and Human Service, with respect to collecting and disseminating compatible epidemiological studies on the incidence and prevalence of individuals with traumatic brain injury who were formally in the military and on treatment, prevention, and outreach provided to such individuals. Such report shall include efforts to standardize the clinical definition of traumatic brain injury for use by all Federal agencies.''. (3) Study on traumatic brain injury.--Section 393C-1 of such Act (42 U.S.C. 280b-1e) is amended-- (A) in subsection (a), in the matter preceding paragraph (1), by striking ``and in consultation'' and all that follows through ``conduct a study'' and inserting ``and in consultation with the head of each agency within the Department of Health and Human Services (including the National Institutes of Health), the Veterans Administration, the Department of Defense, the Department of Transportation, the Department of Education, the Department of Labor, and the Department of Housing and Urban Development, and other appropriate entities with respect to paragraphs (2), (3), and (4), may conduct a studies''; and (B) in subsection (b), by striking ``Traumatic Brain Injury Act of 2008'' and inserting ``Traumatic Brain Injury Act of 2012''. (4) Authorization of appropriations.--Section 394A of such Act (42 U.S.C. 280b-3) is amended by striking ``$50,000,000'' and all that follows through the period at the end and inserting ``such sums as may be necessary for each of the fiscal years 2013 through 2017.''. (b) Trauma Care.-- (1) State grants for projects regarding traumatic brain injury.--Section 1252 of such Act (42 U.S.C. 300d-52) is amended-- (A) in the heading, by striking ``projects regarding''; (B) in subsection (a), by striking ``for the purposes of carrying out projects''; (C) in subsection (b)(3)-- (i) in subparagraph (A)(iii), by inserting ``, private,'' after ``public''; and (ii) by adding at the end, after subparagraph (B), the following new sentence: ``Such an advisory board may include State entities that administer funds provided under Federal laws related to individuals with disabilities, including the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act, the Older Americans Act of 1965, and titles V and XIX of the Social Security Act.''; (D) in subsection (e), by striking ``Traumatic Brain Injury Act of 2008'' and inserting ``Traumatic Brain Injury Act of 2012''; (E) in subsection (f)(1)(A), by inserting ``provide,'' after ``change,''; (F) by amending subsection (g) to read as follows: ``(g) Coordination of Activities.-- ``(1) In general.--The Secretary shall ensure that activities under this section are-- ``(A) coordinated as appropriate with other Federal agencies that carry out activities regarding traumatic brain injury; and ``(B) are consistent with priorities and recommendations obtained from input from appropriate stakeholders, including consumers, State and local government agencies, professionals, and consumer and professional organizations. ``(2) National plan.--The Secretary, in consultation with individuals with traumatic brain injury, families of such individuals, State and local government agencies, other Federal agencies, appropriate professionals, and consumer and professional organizations, shall, not later than the date that is 3 years after the date of the enactment of the Traumatic Brain Injury Act of 2012, establish and implement a national plan for carrying out the activities under this section in collaboration with other appropriate Federal, State, and local agencies. The Secretary shall periodically review and revise the plan as appropriate.''; (G) in subsection (h), by adding at the end the following new sentence: ``Such report shall be made available to the public.''; (H) in subsection (j), by striking ``2001 through 2005'' and all that follows through ``2009 through 2012.'' and inserting ``2012 through 2017''; and (I) by adding at the end the following new subsection: ``(k) Distribution and Amounts of Grants.--For purposes of awarding grants under this section with respect to a fiscal year 2013 or a subsequent fiscal year the following shall apply: ``(1) For the period beginning with the first such fiscal year for which the total amount appropriated for grants under this section is equal to at least such amount that would allow for each applicant that would otherwise qualify for a grant under this section to receive such a grant in an amount of at least $100,000 and ending with the first such fiscal year described in paragraph (2), the Secretary shall award a grant under this section to each such applicant in equal amounts. ``(2) Beginning with the first such fiscal year for which the total amount appropriated for grants under this section is equal to at least such amount that would allow for each applicant that would otherwise qualify for a grant under this section to receive such a grant in an amount of at least $250,000, the Secretary shall award a grant under this section to each such applicant in an amount determined according to a formula specified by the Secretary that is based on the population of the applicant, with applicants with larger populations receiving grants of proportionately greater amounts than applicants with smaller populations.''. (2) State grants for protection and advocacy services.-- Section 1253 of such Act (42 U.S.C. 300d-53) is amended-- (A) subsection (d)(1), by striking ``within States''; (B) in subsection (e)(1), by striking ``a protection and advocacy system within each State'' and inserting ``each protection and advocacy system''; (C) in subsection (g), by striking ``each fiscal year not later than October 1'' and inserting ``for each fiscal year beginning on October 1''; (D) in subsection (h)-- (i) in the heading, by inserting ``to the Administrator'' after ``Annual Report''; and (ii) by inserting ``, in accordance, to the greatest extent practicable, with the uniform model format created under subsection (i),'' after ``the Administrator''; (E) by amending subsection (i) to read as follows: ``(i) Uniform Format for Annual Reports.--The Administrator of the Health Resources and Services Administration and the Commissioner of the Administration on Developmental Disabilities shall enter into an agreement to create a uniform model format for the annual reports submitted under subsection (h).''; (F) in subsection (k)-- (i) in the heading, by striking ``Authority'' and inserting ``Rights and Authorities''; (ii) by inserting ``general rights and'' after ``the same''; (iii) by adding at the end the following new sentence: ``Additionally, each protection and advocacy system when providing services shall have access to medical centers of the Department of Veterans Affairs and other related treatment facilities, both inpatient and outpatient, and residential facilities to provide training to residents and staff, advocate for clients, provide information and referrals to residents, work with residents on discharge planning, and monitor and investigate conditions and treatment.''; (G) in subsection (l), by striking each of ``2001'' and ``2009 through 2012'' and inserting ``2013'' and ``2014 through 2017'', respectively; and (H) in subsection (m)-- (i) in paragraph (1), by striking ``Developmental Disabilities Assistance Bill of Rights Act (42 U.S.C. 6042 et seq.)'' and inserting ``Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.)''; and (ii) in paragraph (2), by striking ``Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042 et seq.)'' and inserting ``Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.)''. (3) Interagency program for trauma research.--Section 1261 of such Act (42 U.S.C. 300d-61) is amended-- (A) in subsection (d)(4)-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) by redesignating subparagraph (E) as subparagraph (F); (iii) in subparagraph (F), as redesignated by clause (ii), by striking ``through (D)'' and inserting ``through (E)''; and (iv) by inserting after subparagraph (D), the following new subparagraph: ``(E) the conduct of studies specific to the needs of children and youth with traumatic brain injury with regard to identification, diagnosis, and treatment of traumatic brain injury, transition to home and community, and short-term and long-term outcomes; and''; and (B) in subsection (i), by striking ``2012'' and inserting ``2017''.

Traumatic Brain Injury Act of 2012 or TBI Act of 2012 - Amends the Public Health Service Act to reauthorize through FY2020 Department of Health and Human Services (HHS) projects for the prevention of traumatic brain injury (TBI). Adds recognition of and response to TBI within the scope of such projects. Extends until three years after the enactment of this Act the due date of a report from the Secretary on federal agency collaboration for collecting and disseminating studies on the incidence and prevalence of individuals with TBI who were formerly in the military and the treatment, prevention, and outreach provided to such individuals. Adds additional federal consultation requirements with respect to an HHS TBI study. Extends such study's report requirement. Authorizes appropriations for FY2013-FY2017 for HHS TBI projects. Allows state advisory boards established to recommend ways to improve services coordination regarding TBI to include state entities that administer funds provided to individuals with disabilities. Extends related demonstration projects. Directs the Secretary to establish and implement a national plan for carrying out activities regarding TBI in collaboration with other appropriate federal, state, and local agencies. Extends through FY2017 the authorization for such activities. Provides for the distribution and amount of grants for such activities for FY2013 and thereafter. Removes the requirement that a TBI protection and advocacy system, for which grant funds are provided by the Secretary, serve only one state. Requires the Administrator of the Health Resources and Services Administration and the Commissioner of the Administration on Developmental Disabilities to create a uniform model format for annual reports submitted by such systems. Extends through FY2017 the authorization for such systems. Requires in a current HHS program on basic and clinical trauma research the inclusion of studies specific to the needs of children and youth with TBI. Extends such program through FY2017.

To amend the Public Health Service Act to reauthorize certain programs for individuals with traumatic brain injury, and for other purposes.

SECTION 1. TAX-EXEMPT BOND FINANCING OF CERTAIN ELECTRIC FACILITIES. (a) Permitted Open Access Transactions Not a Private Business Use.--Section 141(b)(6) of the Internal Revenue Code of 1986 (defining private business use) is amended by adding at the end the following: ``(C) Permitted open access transactions not a private business use.-- ``(i) In general.--For purposes of this subsection, the term `private business use' shall not include a permitted open access transaction. ``(ii) Permitted open access transaction defined.--For purposes of clause (i), the term `permitted open access transaction' means any of the following transactions or activities with respect to an electric output facility (as defined in subsection (f)(5)(A)) owned or leased by a governmental unit or in which a governmental unit has capacity rights: ``(I) Providing open access transmission services and ancillary services that meet the reciprocity requirements of Federal Energy Regulatory Commission Order No. 888, or that are ordered by the Federal Energy Regulatory Commission, or that are provided in accordance with a transmission tariff of an independent system operator approved by such Commission, or are consistent with state administered laws, rules or orders providing for open transmission access. ``(II) Participation in an independent system operator agreement, regional transmission group, or power exchange agreement approved by such Commission. ``(III) Delivery on an open access basis of electric energy sold by other entities to end-users served by such governmental unit's distribution facilities. ``(IV) If open access service is provided under subclause (I) or (III), the sale of electric output of electric output facilities on terms other than those available to the general public if such sale is (1) to an on-system purchaser, (2) an existing off-system sale, or (3) a qualifying load loss sale. ``(V) Such other transactions or activities as may be provided in regulations prescribed by the Secretary. ``(iii) Qualifying load loss sale.--For purposes of clause (ii)(IV), a sale of electric energy by a governmental unit is a qualifying load loss sale in any calendar year after 1997, if it is a new off-system sale, and the aggregate of new off-system sales in such year does not exceed lost load, and if the term of the sale does not exceed three years, and such governmental unit has elected under subsection (f)(2) to suspend issuance of certain tax- exempt bonds for not less than the term of the sale (or for any period equal to the term of the sale that includes the first year of the sale). ``(iv) Other definitions; special rules.-- For purposes of this subparagraph-- ``(I) On-system purchaser.--The term `on-system purchaser' means a person who purchases electric energy from a governmental unit and who is directly connected with transmission or distribution facilities that are owned or leased by such governmental unit or in which such governmental unit has capacity rights that are treated under FERC tariffs or existing contracts as equivalent to ownership. ``(II) Off-system purchaser.--The term `off-system purchaser' means a purchaser of electric energy from a governmental unit other than an on- system purchaser. ``(III) Existing off-system sale.-- The term `existing off-system sale' means a sale of electric energy to a person that was an off-system purchaser of electric energy in the base year, but not in excess of the KWH purchased by such person in such year. ``(IV) New off-system sale.--The term `new off-system sale' means an off-system sale other than an existing off-system sale. ``(V) Lost load.--The term `lost load' for the purposes of determining qualifying load loss sales for any year, means the amount (if any) by which (1) the sum of on-system sales of electric energy and existing off-system sales of electric energy in such year is less than (2) the sum of such sales of electric energy in the base year. ``(VI) Base year.--The term `base year' means 1997 (or, at the election of such unit, in 1995 or 1996). ``(VII) Joint action agencies.--A member of a joint action agency that is entitled to make a qualifying load loss sale in a year may transfer that entitlement to the joint action agency in accordance with rules of the Secretary.''. (b) Election To Terminate Tax Exempt Financing.--Section 141 of the Internal Revenue Code of 1986 (relating to private activity bond; qualified bond) is amended by adding at the end the following: ``(f) Election To Terminate or Suspend Tax-Exempt Bond Financing for Certain Electric Output Facilities.-- ``(1) Termination election.--An issuer may make an irrevocable election under this paragraph to terminate certain tax-exempt financing for electric output facilities. If the issuer makes such election, then-- ``(A) except as provided in paragraph (3), no bond the interest on which is exempt from tax under section 103 may be issued on or after the date of such election with respect to an electric output facility; and ``(B) notwithstanding paragraph (1) or (2) of subsection (a) or paragraph (5) of subsection (b), with respect to an electric output facility no bond that was issued before the date of enactment of this subsection, the interest on which was exempt from tax on such date, shall be treated as a private activity bond, for so long as such facility continues to be owned by a governmental unit. ``(2) Suspension election.--For purposes of subsection (b)(6)(C)(iii), an issuer may elect to suspend certain tax- exempt financing for electric output facilities for a calendar year. If the issuer makes such election, then (except as provided in paragraph (3)) no bond, the interest on which is exempt from tax under section 103, may be issued in such calendar year with respect to an electric output facility. ``(3) Exceptions.--An election under paragraph (1) or (2) does not apply to-- ``(A) any qualified bond (as defined in subsection (e)), ``(B) any eligible refunding bond, or ``(C) any bond issued to finance a qualifying T&D facility, or ``(D) any bond issued to finance repairs or pollution control equipment for electric output facilities. Repairs cannot increase by more than a de minimis degree the capacity of the facility beyond its original design. ``(4) Form and effect of elections.--An election under paragraph (1) or (2) shall be made in such a manner as the Secretary prescribes and shall be binding on any successor in interest to the issuer. ``(5) Definitions.--For purposes of this subsection-- ``(A) Electric output facility.--The term `electric output facility' means an output facility that is an electric generation, transmission, or distribution facility. ``(B) Eligible refunding bond.--The term `eligible refunding bond' means state or local bonds issued after an election described in paragraph (1) or (2) that directly or indirectly refund state or local bonds issued before such election, if the weighted average maturity of the refunding bonds do not exceed the remaining weighted average maturity of the bonds issued before the election. ``(C) Qualifying t&d facility.--The term `qualifying T&D facility' means-- ``(i) transmission facilities over which services described in subsection (b)(6)(C)(ii)(I) are provided, or ``(ii) distribution facilities over which services described in subsection (b)(6)(C)(ii)(III) are provided.'' (c) Effective Date, Applicability, and Transition Rules.-- (1) Effective date.--The amendments made by this section take effect on the date of enactment of this Act, except that a governmental unit may elect to apply section 141(b)(6)(C) of the Internal Revenue Code of 1986, as added by subsection (a), with respect to permitted open access transactions on or after July 9, 1996. (2) Applicability.--References in the Act to sections of the Internal Revenue Code of 1986, as amended, shall be deemed to include references to comparable sections of the Internal Revenue Code of 1954, as amended. (3) Transition rules.-- (A) Private business use.--Any activity that was not a private business use prior to the effective date of the amendment made by subsection (a) shall not be deemed to be a private business use by reason of the enactment of such amendment. (B) Election.--An issuer making the election under section 141(f) of the Internal Revenue Code of 1986, as added by subsection (b), shall not be liable under any contract in effect on the date of enactment of this Act for any claim under section 141(f) of such Code arising from having made the election. (d) Short Title.--This Act may be cited as the ``Private Use Competition Reform Act of 1998''.

Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to revise the definition of private business use to exclude a permitted open access transaction. Defines such a transaction. Permits, as specified, the termination or suspension of tax-exempt bond financing for certain electric output facilities.

A bill to amend the Internal Revenue Code of 1986 to provide tax-exempt bond financing of certain electric facilities.

SECTION 1. FINDINGS. Congress makes the following findings: (1) The United States Army operates a military education and training facility known as the United States Army School of the Americas, which is currently located at Fort Benning, Georgia, and is used to train military personnel of Latin American armed forces. (2) The United States Army School of the Americas has a history of having had graduates who were abusive of human rights, and the continued operation of the school stands as a barrier to United States efforts to establish a new and constructive relationship with Latin American armed forces after the Cold War. (3) Closing the United States Army School of the Americas would not prevent the United States from providing appropriate training for military personnel of Latin American armed forces. (4) The United States Army School of the Americas is only part of the United States' extensive training relationship with Latin American armed forces, which includes-- (A) the Center for Hemispheric Defense Studies, the United States Air Force's Inter-American Air Forces Academy, and the United States Navy's Small Craft Instruction and Technical Training School; (B) courses taken by Latin American military personnel with members of the United States Armed Forces at numerous institutions in the United States; and (C) training with some of the more than 50,000 members of the United States Armed Forces who serve on active duty in Latin America each year. (5) Graduates of the United States Army School of the Americas include some of the worst human rights abusers in the western hemisphere, including-- (A) 19 Salvadoran soldiers linked to the 1989 murder of six Jesuit priests and their housekeeper and her daughter; (B) two of the three officers prosecuted by Guatemala for being intellectual authors of the killing of anthropologist Myrna Mack in 1992, as well as several leaders of the notorious Guatemalan military intelligence unit D-2; (C) one-half of the 247 Colombian army officers cited in the definitive work on Colombian human rights abuses, El Terrorismo de Estado en Colombia, 1992; (D) El Salvador death squad leader Roberto D'Aubuisson; (E) Panamanian dictator and drug dealer Manuel Noriega; (F) Argentinian dictator Leopoldo Galtieri, a leader of the so-called ``dirty war'', during which some 30,000 civilians were killed or disappeared; (G) Haitian Colonel Gambetta Hyppolite, who ordered his soldiers to fire on a provincial electoral bureau in 1987; (H) two of the three killers of Archbishop Oscar Romero of El Salvador; (I) 10 of the 12 officers responsible for the murder of 900 civilians in the El Salvadoran village El Mozote; and (J) three of the five officers involved in the 1980 rape and murder of four United States churchwomen in El Salvador. (6) Despite sustained congressional and public pressure, the United States Army School of the Americas has implemented only limited reforms of its curriculum. (7) The continued operation of the United States Army School of the Americas continues to associate the United States with the abuses of its graduates. SEC. 2. CLOSURE OF UNITED STATES ARMY SCHOOL OF THE AMERICAS. (a) Closure Required.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Army shall close the military education and training facility known as the United States Army School of the Americas located at Fort Benning, Georgia. (b) Repeal of Statutory Authority.--(1) Section 4415 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 407 of such title is amended by striking out the item relating to such section. SEC. 3. SENSE OF CONGRESS REGARDING ALL OTHER TRAINING OF FOREIGN MILITARY PERSONNEL BY THE UNITED STATES. (a) Sense of Congress.--It is the sense of Congress that, in each training activity undertaken by the United States with foreign security forces, the Secretary of Defense (or any other executive branch official who may be overseeing the training activity) should-- (1) substantially increase emphasis upon respect for human rights, the proper role of a military within a democratic society, and accountable and transparent management of defense and security policy; and (2) vigorously implement Department of Defense regulations regarding the screening of foreign candidates for inclusion in the training activity to ensure that the United States does not train individuals implicated in human rights abuses, illegal drug trafficking, or corruption. (b) Training Activity Defined.--In subsection (a), the term ``training activity'' means any activity in which the United States provides military education and training for foreign security forces, whether conducted in the United States or abroad, including international military education and training under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.), international narcotics control under chapter 8 of part I of such Act (22 U.S.C. 2291 et seq.), activities under section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note), and activities under the major force program for special operations forces of the United States.

Directs the Secretary of the Army to close the military education and training facility known as the United States Army School of the Americas at Fort Benning, Georgia. Repeals current statutory authority for the School. Expresses the sense of the Congress that, in each training activity undertaken by the United States with foreign security forces, the Secretary of Defense should: (1) substantially increase emphasis upon respect for human rights, the proper role of a military within a democratic society, and appropriate management of defense and security policy; and (2) implement Department of Defense regulations regarding the screening of foreign candidates for inclusion in the training activity to ensure that the United States does not train individuals implicated in human rights abuses, illegal drug trafficking, or corruption.

A bill to close the United States Army School of the Americas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Hospice Care Services Act of 1995''. SEC. 2. PROGRAMS FOR FURNISHING HOSPICE CARE TO VETERANS. (a) Establishment of Programs.--Chapter 17 of title 38, United States Code, is amended by adding at the end the following: ``subchapter vii--hospice care pilot program; hospice care services ``Sec. 1761. Definitions ``For the purposes of this subchapter-- ``(1) The term `terminally ill veteran' means any veteran-- ``(A) who is (i) entitled to receive hospital care in a medical facility of the Department under section 1710(a)(1) of this title, (ii) eligible for hospital or nursing home care in such a facility and receiving such care, (iii) receiving care in a State home facility for which care the Secretary is paying per diem under section 1741 of this title, or (iv) transferred to a non-Department nursing home for nursing home care under section 1720 of this title and receiving such care; and ``(B) who has a medical prognosis (as certified by a Department physician) of a life expectancy of six months or less. ``(2) The term `hospice care services' means-- ``(A) the care, items, and services referred to in subparagraphs (A) through (H) of section 1861(dd)(1) of the Social Security Act (42 U.S.C. 1395x(dd)(1)); and ``(B) personal care services. ``(3) The term `hospice program' means any program that satisfies the requirements of section 1861(dd)(2) of the Social Security Act (42 U.S.C. 1395x(dd)(2)). ``(4) The term `medical facility of the Department' means a facility referred to in section 1701(4)(A) of this title. ``(5) The term `non-Department facility' means a facility (other than a medical facility of the Department) at which care to terminally ill veterans is furnished, regardless of whether such care is furnished pursuant to a contract, agreement, or other arrangement referred to in section 1762(b)(1)(D) of this title. ``(6) The term `personal care services' means any care or service furnished to a person that is necessary to maintain a person's health and safety within the home or nursing home of the person, including care or services related to dressing and personal hygiene, feeding and nutrition, and environmental support. ``Sec. 1762. Hospice care: pilot program requirements ``(a)(1) During the period beginning on October 1, 1995, and ending on December 31, 2000, the Secretary shall conduct a pilot program in order-- ``(A) to assess the desirability of furnishing hospice care services to terminally ill veterans; and ``(B) to determine the most effective and efficient means of furnishing such services to such veterans. ``(2) The Secretary shall conduct the pilot program in accordance with this section. ``(b)(1) Under the pilot program, the Secretary shall-- ``(A) designate not less than 15 nor more than 30 medical facilities of the Department at or through which to conduct hospice care services demonstration projects; ``(B) designate the means by which hospice care services shall be provided to terminally ill veterans under each demonstration project pursuant to subsection (c); ``(C) allocate such personnel and other resources of the Department as the Secretary considers necessary to ensure that services are provided to terminally ill veterans by the designated means under each demonstration project; and ``(D) enter into any contract, agreement, or other arrangement that the Secretary considers necessary to ensure the provision of such services by the designated means under each such project. ``(2) In carrying out the responsibilities referred to in paragraph (1) the Secretary shall take into account the need to provide for and conduct the demonstration projects so as to provide the Secretary with such information as is necessary for the Secretary to evaluate and assess the furnishing of hospice care services to terminally ill veterans by a variety of means and in a variety of circumstances. ``(3) In carrying out the requirement described in paragraph (2), the Secretary shall, to the maximum extent feasible, ensure that-- ``(A) the medical facilities of the Department selected to conduct demonstration projects under the pilot program include facilities located in urban areas of the United States and rural areas of the United States; ``(B) the full range of affiliations between medical facilities of the Department and medical schools is represented by the facilities selected to conduct demonstration projects under the pilot program, including no affiliation, minimal affiliation, and extensive affiliation; ``(C) such facilities vary in the number of beds that they operate and maintain; and ``(D) the demonstration projects are located or conducted in accordance with any other criteria or standards that the Secretary considers relevant or necessary to furnish and to evaluate and assess fully the furnishing of hospice care services to terminally ill veterans. ``(c)(1) Subject to paragraph (2), hospice care to terminally ill veterans shall be furnished under a demonstration project by one or more of the following means designated by the Secretary: ``(A) By the personnel of a medical facility of the Department providing hospice care services pursuant to a hospice program established by the Secretary at that facility. ``(B) By a hospice program providing hospice care services under a contract with that program and pursuant to which contract any necessary inpatient services are provided at a medical facility of the Department. ``(C) By a hospice program providing hospice care services under a contract with that program and pursuant to which contract any necessary inpatient services are provided at a non-Department medical facility. ``(2)(A) The Secretary shall provide that-- ``(i) care is furnished by the means described in paragraph (1)(A) at not less than five medical facilities of the Department; and ``(ii) care is furnished by the means described in subparagraphs (B) and (C) of paragraph (1) in connection with not less than five such facilities for each such means. ``(B) The Secretary shall provide in any contract under subparagraph (B) or (C) of paragraph (1) that inpatient care may be provided to terminally ill veterans at a medical facility other than that designated in the contract if the provision of such care at such other facility is necessary under the circumstances. ``(d)(1) Except as provided in paragraph (2), the amount paid to a hospice program for care furnished pursuant to subparagraph (B) or (C) of subsection (c)(1) may not exceed the amount that would be paid to that program for such care under section 1814(i) of the Social Security Act (42 U.S.C. 1395f(i)) if such care were hospice care for which payment would be made under part A of title XVIII of such Act. ``(2) The Secretary may pay an amount in excess of the amount referred to in paragraph (1) (or furnish services whose value, together with any payment by the Secretary, exceeds such amount) to a hospice program for furnishing care to a terminally ill veteran pursuant to subparagraph (B) or (C) of subsection (c)(1) if the Secretary determines, on a case-by-case basis, that-- ``(A) the furnishing of such care to the veteran is necessary and appropriate; and ``(B) the amount that would be paid to that program under section 1814(i) of the Social Security Act would not compensate the program for the cost of furnishing such care. ``Sec. 1763. Care for terminally ill veterans ``(a) During the period referred to in section 1762(a)(1) of this title, the Secretary shall designate not less than 10 medical facilities of the Department at which hospital care is being furnished to terminally ill veterans in order to furnish the care referred to in subsection (b)(1). ``(b)(1) Palliative care to terminally ill veterans shall be furnished at the facilities referred to in subsection (a) by one of the following means designated by the Secretary: ``(A) By personnel of the Department providing one or more hospice care services to such veterans at or through medical facilities of the Department. ``(B) By personnel of the Department monitoring the furnishing of one or more of such services to such veterans at or through non-Department facilities. ``(2) The Secretary shall furnish care by the means referred to in each of subparagraphs (A) and (B) of paragraph (1) at not less than five medical facilities designated under subsection (a). ``Sec. 1764. Information relating to hospice care services ``The Secretary shall ensure to the extent practicable that terminally ill veterans who have been informed of their medical prognosis receive information relating to the eligibility, if any, of such veterans for hospice care and services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). ``Sec. 1765. Evaluation and reports ``(a) Not later than September 30, 1996, and on an annual basis thereafter until October 1, 2001, the Secretary shall submit a written report to the Committees on Veterans' Affairs of the Senate and House of Representatives relating to the conduct of the pilot program under section 1762 of this title and the furnishing of hospice care services under section 1763 of this title. Each report shall include the following information: ``(1) The location of the sites of the demonstration projects provided for under the pilot program. ``(2) The location of the medical facilities of the Department at or through which hospice care services are being furnished under section 1763 of this title. ``(3) The means by which care to terminally ill veterans is being furnished under each such project and at or through each such facility. ``(4) The number of veterans being furnished such care under each such project and at or through each such facility. ``(5) An assessment by the Secretary of any difficulties in furnishing such care and the actions taken to resolve such difficulties. ``(b) Not later than August 1, 1999, the Secretary shall submit to the committees referred to in subsection (a) a report containing an evaluation and assessment by the Under Secretary for Health of the hospice care pilot program under section 1762 of this title and the furnishing of hospice care services under section 1763 of this title. The report shall contain such information (and shall be presented in such form) as will enable the committees to evaluate fully the desirability of furnishing hospice care services to terminally ill veterans. ``(c) The report under subsection (b) shall include the following: ``(1) A description and summary of the pilot program. ``(2) With respect to each demonstration project conducted under the pilot program-- ``(A) a description and summary of the project; ``(B) a description of the facility conducting the demonstration project and a discussion of how such facility was selected in accordance with the criteria set out in, or prescribed by the Secretary pursuant to, subparagraphs (A) through (D) of section 1762(b)(3) of this title; ``(C) the means by which hospice care services care are being furnished to terminally ill veterans under the demonstration project; ``(D) the personnel used to furnish such services under the demonstration project; ``(E) a detailed factual analysis with respect to the furnishing of such services, including (i) the number of veterans being furnished such services, (ii) the number, if any, of inpatient admissions for each veteran being furnished such services and the length of stay for each such admission, (iii) the number, if any, of outpatient visits for each such veteran, and (iv) the number, if any, of home-care visits provided to each such veteran; ``(F) the direct costs, if any, incurred by terminally ill veterans, the members of the families of such veterans, and other individuals in close relationships with such veterans in connection with the participation of veterans in the demonstration project; ``(G) the costs incurred by the Department in conducting the demonstration project, including an analysis of the costs, if any, of the demonstration project that are attributable to (i) furnishing such services in facilities of the Department, (ii) furnishing such services in non-Department facilities, and (iii) administering the furnishing of such services; and ``(H) the unreimbursed costs, if any, incurred by any other entity in furnishing services to terminally ill veterans under the project pursuant to section 1762(c)(1)(C) of this title. ``(3) An analysis of the level of the following persons' satisfaction with the services furnished to terminally ill veterans under each demonstration project: ``(A) Terminally ill veterans who receive such services, members of the families of such veterans, and other individuals in close relationships with such veterans. ``(B) Personnel of the Department responsible for furnishing such services under the project. ``(C) Personnel of non-Department facilities responsible for furnishing such services under the project. ``(4) A description and summary of the means of furnishing hospice care services at or through each medical facility of the Department designated under section 1763(a)(1) of this title. ``(5) With respect to each such means, the information referred to in paragraphs (2) and (3). ``(6) A comparative analysis by the Under Secretary for Health of the services furnished to terminally ill veterans under the various demonstration projects referred to in section 1762 of this title and at or through the designated facilities referred to in section 1763 of this title, with an emphasis in such analysis on a comparison relating to-- ``(A) the management of pain and health symptoms of terminally ill veterans by such projects and facilities; ``(B) the number of inpatient admissions of such veterans and the length of inpatient stays for such admissions under such projects and facilities; ``(C) the number and type of medical procedures employed with respect to such veterans by such projects and facilities; and ``(D) the effectiveness of such projects and facilities in providing care to such veterans at the homes of such veterans or in nursing homes. ``(7) An assessment by the Under Secretary for Health of the desirability of furnishing hospice care services by various means to terminally ill veterans, including an assessment by the Director of the optimal means of furnishing such services to such veterans. ``(8) Any recommendations for additional legislation regarding the furnishing of care to terminally ill veterans that the Secretary considers appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``subchapter vii--hospice care pilot program; hospice care services ``1761. Definitions. ``1762. Hospice care: pilot program requirements. ``1763. Care for terminally ill veterans. ``1764. Information relating to hospice care services. ``1765. Evaluation and reports.''. (c) Authority To Carry Out Other Hospice Care Programs.--The amendments made by subsection (a) may not be construed as terminating the authority of the Secretary of Veterans Affairs to provide hospice care services to terminally ill veterans under any program in addition to the programs required under the provisions added by such amendments. (d) Authorization of Appropriations.--Funds are authorized to be appropriated for the Department of Veterans Affairs for the purposes of carrying out the evaluation of the hospice care pilot programs under section 1765 of title 38, United States Code (as added by subsection (a)), as follows: (1) For fiscal year 1996, $1,200,000. (2) For fiscal year 1997, $2,500,000. (3) For fiscal year 1998, $2,200,000. (4) For fiscal year 1999, $100,000.

Veterans' Hospice Care Services Act of 1995 - Directs the Secretary of Veterans Affairs to conduct a pilot program to: (1) assess the feasibility and desirability of furnishing hospice care to terminally ill veterans; and (2) determine the most efficient and effective means of providing such care. Directs the Secretary to designate 15 to 30 Department of Veterans Affairs medical facilities for hospice care demonstration projects. Allows such hospice care to be provided by Department medical facilities and personnel or by contract with a non-Department medical facility. Limits the amount paid for such care to amounts paid for hospice care programs under title XVIII (Medicare) of the Social Security Act. Directs the Secretary, during the pilot program period of October 1, 1995, through December 31, 2000, to designate no fewer than ten Department medical facilities at which hospice care is being provided to furnish palliative care to such veterans. Provides for: (1) informing terminally ill veterans of their eligibility for hospice and palliative care; and (2) hospice program evaluation, assessment, and congressional reports by the Secretary and the Under Secretary for Health of the hospice care pilot program. Authorizes appropriations for FY 1996 through 1999.

Veterans' Hospice Care Services Act of 1995

TITLE I--CASTILLO DE SAN MARCOS NATIONAL MONUMENT PRESERVATION ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Castillo de San Marcos National Monument Preservation and Education Act''. SEC. 102. VISITOR CENTER. (a) Authorization.--Subject to the availability of appropriations and the project being prioritized in the National Park Services 5-year, line-item construction program, the Secretary of the Interior (referred to in this section as the ``Secretary'') may design and construct a Visitor Center for the Castillo de San Marcos National Monument (referred to in this section as the ``Monument''). (b) Preferred Alternative.--The Visitor Center authorized in subsection (a) shall be located and constructed in accordance with the Preferred Alternative identified in the Record of Decision for the General Management Plan for the Monument, expected to be signed in 2005. SEC. 103. COOPERATIVE AGREEMENT. The Secretary may enter into cooperative agreements with the City of St. Augustine, Florida, the Colonial St. Augustine Preservation Foundation, other Federal, State, and local departments or agencies, academic institutions, and non-profit entities for the planning and design, construction, management, and operation of the Visitor Center. SEC. 104. BOUNDARY EXPANSION. (a) Property Acquisition.--If the Preferred Alternative for the Visitor Center authorized by section 102 is located outside the boundary of the Monument, the Secretary is authorized to acquire the site for the Visitor Center, from willing sellers, by donation, purchase with donated or appropriated funds, or by exchange. (b) Administration of Newly Acquired Land.--Land added to the Monument pursuant to subsection (a) shall be administered by the Secretary in accordance with applicable laws and regulations. (c) Boundary Modification.--The boundary of the Monument shall be modified to reflect the acquisition of land authorized in subsection (a) after completion of the acquisition. SEC. 105. PROJECT APPROVAL. Prior to initiating any planning, design, or construction on the Visitor Center authorized by section 102, the project must be reviewed and approved by the National Park Service consistent with partnership construction guidelines established by that agency. TITLE II--CASTILLO DE SAN MARCOS NATIONAL MONUMENT BOUNDARY MODIFICATION SEC. 201. SHORT TITLE. This title may be cited as the ``Castillo de San Marcos National Monument Boundary Adjustment Act of 2004''. SEC. 202. FINDINGS. Congress finds the following: (1) The early defense lines for Fort Marion, Florida, today known as the Castillo de San Marcos National Monument, included defenses extending in a line due west to the Sebastian River, a distance of about one half mile. (2) In the 1830's, during the Seminole Wars in Florida, these defensive lines were maintained, but as Florida became more settled they fell into disrepair and/or became obsolete. (3) In 1908 the War Department deeded much of the property running west to the Sebastian River to the St. Johns County Board of Public Instruction. The portion of this property remaining in federal ownership today is occupied by Orange Street, a City of St. Augustine, Florida street. (4) For nearly a century, the City of St. Augustine has maintained and managed Orange Street, a modern city street, and associated utilities in the Orange Street corridor. (5) Any archeological remains that are still present on the property overlaid by Orange Street are adequately protected by the City's archeological ordinances, and by the City having an archeologist on staff. (6) Although the city currently operates Orange Street under a right-of-way from the National Park Service, from a management perspective it is appropriate for the City of St. Augustine to own Orange Street. SEC. 203. BOUNDARY ADJUSTMENT. (a) Conveyance of Land.--The Secretary of the Interior shall convey, without consideration, to the City of St. Augustine, Florida, all right, title, and interest of the United States in and to the lands known as Orange Street, a portion of the Castillo de San Marcos National Monument (Monument), consisting of approximately 3.1 acres, as shown on the map entitled Castillo de San Marcos National Monument Boundary Adjustment and Correction, numbered 343/80060, and dated April 2003. Upon completion of the conveyance, the Secretary shall revise the boundary of the Monument to exclude the land conveyed. (b) Boundary Revision.--Effective on the date of the enactment of this Act, the boundary of the Monument is revised to include an area of approximately 0.45 acres, as shown on the map identified in subsection (a). The Secretary shall administer the lands included in the boundary as part of the national monument in accordance with applicable laws and regulations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Title I: Castillo De San Marcos National Monument Preservation Act - Castillo de San Marcos National Monument Preservation and Education Act - (Sec. 102) Authorizes the Secretary of the Interior to design and construct a Visitor Center for the Castillo de San Marcos National Monument, subject to such project being prioritized in the National Park Service's five-year, line-item construction program. Requires the Visitor Center to be located and constructed in accordance with the Preferred Alternative identified in the Record of Decision for the General Management Plan for the Monument, expected to be signed in 2005. (Sec. 103) Authorizes the Secretary to enter into cooperative agreements with the city of St. Augustine, Florida, the Colonial St. Augustine Preservation Foundation, other Federal, State, and local departments or agencies, academic institutions, and non-profit entities for the planning and design, construction, management, and operation of the Visitor Center. (Sec. 104) Provides that, if the Preferred Alternative for the Visitor Center is located outside the boundary of the Monument, the Secretary is authorized to acquire the site for the Visitor Center from willing sellers, by donation, purchase, or exchange. Requires, after completion of the acquisition, the boundary to be modified to reflect the acquisition of such land. (Sec. 105) Mandates that, prior to initiating any planning, design, or construction on the Visitor Center, such project must be reviewed and approved by the National Park Service consistent with partnership construction guidelines established by that agency. Title II: Castillo De San Marcos National Monument Boundary Modification - Castillo de San Marcos National Monument Boundary Adjustment Act of 2004 - Directs the Secretary to: (1) convey, without consideration, to the City all right, title, and interest of the United States in and to the lands known as Orange Street, a portion of the Monument; and (2) upon completion of the conveyance, revise the Monument's boundary to exclude the land conveyed. Revises such boundary to include specified land.

To authorize funds for an educational center for the Castillo de San Marcos National Monument, and for other purposes.

SECTION 1. UNITED STATES-ISRAEL ENERGY COOPERATION. (a) Findings.--Section 917(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(a)) is amended-- (1) in paragraph (1), by striking ``renewable'' and inserting ``covered''; (2) in paragraph (4)-- (A) by striking ``possible many'' and inserting ``possible-- ``(A) many''; (B) by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following: ``(B) significant contributions to the development of renewable energy and energy efficiency through the established programs of the United States-Israel Binational Industrial Research and Development Foundation and the United States-Israel Binational Science Foundation;''; (3) in paragraph (6)-- (A) by striking ``renewable'' and inserting ``covered''; and (B) by striking ``and'' after the semicolon at the end; (4) in paragraph (7)-- (A) by striking ``renewable'' and inserting ``covered''; and (B) by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: ``(8) United States-Israel energy cooperation, and the development of natural resources by Israel, are strategic interests of the United States; ``(9) Israel is a strategic partner of the United States in water technology; ``(10) the United States can play a role in assisting Israel with regional safety and security issues; ``(11) the National Science Foundation of the United States should collaborate with the Israel Science Foundation; ``(12) the United States and Israel should strive to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development and associated areas; ``(13) the United States supports the goals of the Alternative Fuels Administration of Israel; ``(14) the United States strongly urges open dialogue and continued mechanisms for regular engagement and encourages further cooperation between applicable departments, agencies, ministries, institutions of higher education, and the private sectors of the United States and Israel on energy security issues, including-- ``(A) identifying policy priorities associated with the development of natural resources of Israel; ``(B) discussing best practices to secure cyber energy infrastructure; ``(C) best practice sharing; ``(D) leveraging natural gas to positively impact regional stability; ``(E) improving energy efficiency and the overall performance of water desalination, wastewater treatment and reclamation, and other water treatment technologies; ``(F) technical and environmental management of deep-water exploration and production; ``(G) coastal protection and restoration; ``(H) academic outreach and engagement; ``(I) private sector and business development engagement; ``(J) regulatory consultations; ``(K) leveraging alternative transportation fuels and technologies; and ``(L) any other areas determined appropriate by the United States and Israel; ``(15) the United States acknowledges the achievements and importance of the United States-Israel Binational Industrial Research and Development Foundation and the United States- Israel Binational Science Foundation and supports continued multiyear funding to ensure the continuity of the programs of the Foundations; and ``(16) the United States and Israel have a shared interest in addressing their immediate, near-term, and long-term energy and environmental challenges.''. (b) Establishment.--Section 917(b)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)(1)) is amended by striking ``to support research, development, and commercialization of renewable energy or energy efficiency'' and inserting ``to support energy efficiency, established energy development programs, and research, development, and commercialization of covered energy''. (c) Types of Energy.--Section 917(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)(2)) is amended-- (1) in the heading, by striking ``Types of'' and inserting ``Covered''; (2) in subparagraph (F), by striking ``and'' after the semicolon at the end; (3) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(H) natural gas energy, including conventional and unconventional natural gas technologies and natural gas projects conducted by or in conjunction with the United States-Israel Binational Science Foundation, the United States-Israel Binational Industrial Research and Development Foundation, and the United States-Israel Science and Technology Foundation; and ``(I) improvement of energy efficiency and the overall performance of water desalination, wastewater treatment and reclamation, and other water treatment technologies.''. (d) Eligible Applicants.--Section 917(b)(3) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)(3)) is amended by striking ``energy efficiency or renewable'' and inserting ``covered''. (e) Authorization of Appropriations; International Partnerships.-- Section 917 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337) is amended-- (1) by striking subsection (d); (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following: ``(c) International Partnerships.-- ``(1) In general.--The Secretary may, subject to the availability of appropriations, enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between the Department and the Government of Israel and its ministries, offices, and institutions. The cooperative agreements shall include energy activities in addition to those involving research and development, and shall ensure that the shared technologies and other benefits of energy cooperation promote the domestic energy production of both nations. ``(2) Federal share.--The Secretary may not pay more than 50 percent of the costs described in paragraph (1). ``(3) Annual reports.--The Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report that describes-- ``(A) actions taken to carry out this subsection; and ``(B) any projects under this subsection for which the Secretary requests funding. ``(d) United States-Israel Center.--The Secretary may establish a joint United States-Israel Center based in an area of the United States with the experience, knowledge, and expertise in offshore energy development to further dialogue and collaboration to develop energy efficiency, existing energy development programs, and more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development and associated areas.''. (f) Termination.--Subsection (e) of section 917 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337) (as redesignated by subsection (d)(2)) is amended by striking ``the date that is 7 years after the date of enactment of this Act'' and inserting ``September 30, 2024''. SEC. 2. UNITED STATES-ISRAEL ENERGY COOPERATION WORKING GROUP. (a) Sense of Congress.--It is the sense of Congress that open dialogue and continued mechanisms for regular engagement encourages further cooperation between applicable departments, agencies, ministries, institutions of higher education, and the private sectors of the United States and Israel on energy security issues. (b) Establishment.--The Secretary of Energy and the Secretary of State shall seek to establish an Energy Cooperation Working Group within the semi-annual United States-Israel Strategic Dialogue. (c) Purpose.--The purpose of the Energy Cooperation Working Group referred to in subsection (b) shall be to strengthen dialogue between the United States and Israel on-- (1) strategies to advance the deployment of renewable energy and energy efficiency; (2) identifying policy priorities associated with the development of the natural resources of Israel; (3) best practices for energy infrastructure cybersecurity; (4) leveraging natural gas resources to positively impact regional stability; (5) technical and environmental management of deep-water exploration and production; and (6) coastal protection and restoration.

. (Sec. 1) Amends the Energy Independence and Security Act of 2007 to authorize the Secretary of Energy to: (1) enter into cooperative agreements supporting dialogue and planning involving international partnerships between the Department of Energy (DOE), including DOE National Laboratories, and the government of Israel and its ministries, offices, and institutions; and (2) establish a joint United States-Israel Center based in an area of the United States with offshore energy development expertise to develop academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development. Extends the grant program to support U.S.-Israel research, development, and commercialization of renewable energy or energy efficiency (as well as the related advisory committee) through September 30, 2024. Expands the scope of covered program energy to include natural gas energy, water desalination improvement, and other water treatment technologies. (Sec. 2) Expresses the sense of Congress that open dialogue and continued mechanisms for regular engagement encourages further U.S.-Israel public, academic, and private cooperation on energy security issues. Directs the Secretary of Energy and the Secretary of State to seek to establish an Energy Cooperation Working Group within the semi-annual United States-Israel Strategic Dialogue. States that the Group's purpose shall be to strengthen U.S.-Israel dialogue on: (1) advancing research, development, and deployment of renewable energy and energy efficiency; (2) identifying policy priorities associated with Israel's natural resources development; (3) identifying best practices for energy infrastructure cybersecurity; (4) leveraging natural gas resources to impact regional stability positively; (5) developing technical and environmental management of deep-water exploration and production; and (6) implementing coastal protection and restoration.

To amend the Energy Independence and Security Act of 2007 to improve United States-Israel energy cooperation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Commission on Telemedicine Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Presidential Commission on Telemedicine (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. The Commission shall carry out the following duties: (1) Conduct a full and complete review and study of the use of telecommunications and information systems technologies-- (A) in the provision of health care and in the performance of health research-- (i) to perform examinations and procedures, and to conduct consultations, relating to the diagnosis and treatment of illnesses, injuries, and other physical and mental conditions; and (ii) to archive, access, and transmit data that is necessary or appropriate to perform or conduct such examinations, procedures, and consultations; (B) in the training of students of health professions and the continuing education of practicing health care providers; and (C) in the monitoring of medical conditions by individuals at home. (2) Assess whether such technologies are effective in improving the quality and accessibility of health care and reducing the costs of such care. (3) Examine methods by which training in the use of telecommunications and information systems technologies in the delivery of health care might be improved. (4) Analyze any obstacles that may impede such technologies from being widely used and accepted by health care providers in the United States. (5) Develop a model definition of the term ``telemedicine'' that may be used by health care providers, persons that provide payment for health care services, and other participants in the health care system. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 31 members. The Commission shall consist of the following members: (1) The Vice President of the United States or such individual's delegate. (2) The Secretary of Defense or such individual's delegate. (3) The Secretary of Commerce or such individual's delegate. (4) The Secretary of Health and Human Services or such individual's delegate. (5) The Secretary of Energy or such individual's delegate. (6) 26 individuals appointed by the President from among individuals who are consumers of health care services or are distinguished in the field of biomedical engineering, computer science, telecommunications, medicine, nursing, health care law, administration of health care, health education, or business. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled not later than 30 days after the date of the creation of the vacancy in the manner in which the original appointment was made. (d) Compensation.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall serve without pay. (2) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--16 members of the Commission shall constitute a quorum, but a lesser number may hold hearings, take testimony, or receive evidence. (f) Chairperson.--The Vice President (or such individual's delegate) shall be the chairperson of the Commission. (g) Meetings.--The Commission shall meet at the call of the chairperson of the Commission or a majority of its members. SEC. 5. STAFF AND SUPPORT SERVICES. (a) Director.--The Commission shall have a director appointed by the Commission and paid at a rate not to exceed the minimum rate of basic pay payable for GS-13 of the General Schedule. (b) Staff.--The Commission may appoint and fix the pay of additional personnel as it considers appropriate, except that an individual so appointed may not receive pay in excess of the maximum rate of basic pay payable for GS-11 of the General Schedule. (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 as provided in subsections (a) and (b). (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal agency may detail, on a nonreimbursable basis, any of the personnel of the agency to the Commission to assist it in carrying out its duties under this Act. (e) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the minimum annual rate of basic pay payable for GS-13 of the General Schedule. (f) Administrative Support Services.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 6. POWERS. (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. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (c) Information.-- (1) In general.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Commission, the head of the Federal agency shall furnish the information to the Commission. (2) Exception.--Paragraph (1) shall not apply to any information that the Commission is prohibited to secure or request by another law. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (e) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORT. Not later than the expiration of the 1-year period beginning on the date of the appointment of the last member of the Commission to be appointed under section 4(a), the Commission shall submit to the President and the Congress a report containing the findings, conclusions, and recommendations of the Commission. SEC. 8. TERMINATION. The Commission shall terminate not later than the expiration of the 60-day period beginning on the date on which the Commission submits its report under section 7. SEC. 9. BUDGET COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A))) authorized by this title shall be effective only to such extent or in such amounts as are provided in appropriation Acts.

Presidential Commission on Telemedicine Act - Establishes the Presidential Commission on Telemedicine, which shall review and study the use of telecommunications and information systems technologies in: (1) the provision of health care and the performance of health research; (2) the training of students of health professions and the continuing education of practicing health care providers; and (3) the monitoring of medical conditions by individuals at home. Requires the Commission to: (1) assess whether such technologies are effective in improving the quality and accessibility of health care and reducing its cost; (2) examine methods by which training in the use of telecommunications and information systems technologies in the delivery of health care might be improved; (3) analyze any obstacles that may impede the wide use and acceptance of such technologies by health care providers; and (4) develop a model definition of the term "telemedicine." Requires a final report to the President and the Congress.

Presidential Commission on Telemedicine Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Health and Wellness Foundation Act of 2003''. SEC. 2. NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION. (a) In General.--The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is amended by adding at the end the following: ``TITLE VIII--NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION ``SEC. 801. DEFINITIONS. ``In this title: ``(1) Board.--The term `Board' means the Board of Directors of the Foundation. ``(2) Committee.--The term `Committee' means the Committee for the Establishment of Native American Health and Wellness Foundation established under section 802(f). ``(3) Foundation.--The term `Foundation' means the Native American Health and Wellness Foundation established under section 802. ``(4) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(5) Service.--The term `Service' means the Indian Health Service of the Department of Health and Human Services. ``SEC. 802. NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION. ``(a) In General.--As soon as practicable after the date of enactment of this title, the Secretary shall establish, under the laws of the District of Columbia and in accordance with this title, the Native American Health and Wellness Foundation. ``(b) Perpetual Existence.--The Foundation shall have perpetual existence. ``(c) Nature of Corporation.--The Foundation-- ``(1) shall be a charitable and nonprofit federally chartered corporation; and ``(2) shall not be an agency or instrumentality of the United States. ``(d) Place of Incorporation and Domicile.--The Foundation shall be incorporated and domiciled in the District of Columbia. ``(e) Duties.--The Foundation shall-- ``(1) encourage, accept, and administer private gifts of real and personal property, and any income from or interest in such gifts, for the benefit of, or in support of, the mission of the Service; ``(2) undertake and conduct such other activities as will further the health and wellness activities and opportunities of Native Americans; and ``(3) participate with and assist Federal, State, and tribal governments, agencies, entities, and individuals in undertaking and conducting activities that will further the health and wellness activities and opportunities of Native Americans. ``(f) Committee for the Establishment of Native American Health and Wellness Foundation.-- ``(1) In general.--The Secretary shall establish the Committee for the Establishment of Native American Health and Wellness Foundation to assist the Secretary in establishing the Foundation. ``(2) Duties.--Not later than 180 days after the date of enactment of this section, the Committee shall-- ``(A) carry out such activities as are necessary to incorporate the Foundation under the laws of the District of Columbia, including acting as incorporators of the Foundation; ``(B) ensure that the Foundation qualifies for and maintains the status required to carry out this section, until the Board is established; ``(C) establish the constitution and initial bylaws of the Foundation; ``(D) provide for the initial operation of the Foundation, including providing for temporary or interim quarters, equipment, and staff; and ``(E) appoint the initial members of the Board in accordance with the constitution and initial bylaws of the Foundation. ``(g) Board of Directors.-- ``(1) In general.--The Board of Directors shall be the governing body of the Foundation. ``(2) Powers.--The Board may exercise, or provide for the exercise of, the powers of the Foundation. ``(3) Selection.-- ``(A) In general.--Subject to subparagraph (B), the number of members of the Board, the manner of selection of the members (including the filling of vacancies), and the terms of office of the members shall be as provided in the constitution and bylaws of the Foundation. ``(B) Requirements.-- ``(i) Number of members.--The Board shall have at least 11 members, who shall have staggered terms. ``(ii) Initial voting members.--The initial voting members of the Board-- ``(I) shall be appointed by the Committee not later than 180 days after the date on which the Foundation is established; and ``(II) shall have staggered terms. ``(iii) Qualification.--The members of the Board shall be United States citizens who are knowledgeable or experienced in Native American health care and related matters. ``(C) Compensation.--A member of the Board shall not receive compensation for service as a member, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred in the performance of the duties of the Foundation. ``(h) Officers.-- ``(1) In general.--The officers of the Foundation shall be-- ``(A) a secretary, elected from among the members of the Board; and ``(B) any other officers provided for in the constitution and bylaws of the Foundation. ``(2) Secretary.--The secretary of the Foundation shall serve, at the direction of the Board, as the chief operating officer of the Foundation. ``(3) Election.--The manner of election, term of office, and duties of the officers of the Foundation shall be as provided in the constitution and bylaws of the Foundation. ``(i) Powers.--The Foundation-- ``(1) shall adopt a constitution and bylaws for the management of the property of the Foundation and the regulation of the affairs of the Foundation; ``(2) may adopt and alter a corporate seal; ``(3) may enter into contracts; ``(4) may acquire (through a gift or otherwise), own, lease, encumber, and transfer real or personal property as necessary or convenient to carry out the purposes of the Foundation; ``(5) may sue and be sued; and ``(6) may perform any other act necessary and proper to carry out the purposes of the Foundation. ``(j) Principal Office.-- ``(1) In General.--The principal office of the Foundation shall be in the District of Columbia. ``(2) Activities; offices.--The activities of the Foundation may be conducted, and offices may be maintained, throughout the United States in accordance with the constitution and bylaws of the Foundation. ``(k) Service of Process.--The Foundation shall comply with the law on service of process of each State in which the Foundation is incorporated and of each State in which the Foundation carries on activities. ``(l) Liability of Officers, Employees, and Agents.-- ``(1) In general.--The Foundation shall be liable for the acts of the officers, employees, and agents of the Foundation acting within the scope of their authority. ``(2) Personal liability.--A member of the Board shall be personally liable only for gross negligence in the performance of the duties of the member. ``(m) Restrictions.-- ``(1) Limitation on spending.--Beginning with the fiscal year following the first full fiscal year during which the Foundation is in operation, the administrative costs of the Foundation shall not exceed 10 percent of the sum of-- ``(A) the amounts transferred to the Foundation under subsection (o) during the preceding fiscal year; and ``(B) donations received from private sources during the preceding fiscal year. ``(2) Appointment and hiring.--The appointment of officers and employees of the Foundation shall be subject to the availability of funds. ``(3) Status.--A member of the Board or officer, employee, or agent of the Foundation shall not by reason of association with the Foundation be considered to be an officer, employee, or agent of the United States. ``(n) Audits.--The Foundation shall comply with section 10101 of title 36, United States Code, as if the Foundation were a corporation under part B of subtitle II of that title. ``(o) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to carry out subsection (e)(1) $500,000 for each fiscal year, as adjusted to reflect changes in the Consumer Price Index for all-urban consumers published by the Department of Labor. ``(2) Transfer of donated funds.--The Secretary shall transfer to the Foundation funds held by the Department of Health and Human Services under the Act of August 5, 1954 (42 U.S.C. 2001 et seq.), if the transfer or use of the funds is not prohibited by any term under which the funds were donated. ``SEC. 803. ADMINISTRATIVE SERVICES AND SUPPORT. ``(a) Provision of Support by Secretary.--Subject to subsection (b), during the 5-year period beginning on the date on which the Foundation is established, the Secretary-- ``(1) may provide personnel, facilities, and other administrative support services to the Foundation; ``(2) may provide funds to reimburse the travel expenses of the members of the Board; and ``(3) shall require and accept reimbursements from the Foundation for-- ``(A) services provided under paragraph (1); and ``(B) funds provided under paragraph (2). ``(b) Reimbursement.--Reimbursements accepted under subsection (a)(3)-- ``(1) shall be deposited in the Treasury of the United States to the credit of the applicable appropriations account; and ``(2) shall be chargeable for the cost of providing services described in subsection (a)(1) and travel expenses described in subsection (a)(2). ``(c) Continuation of Certain Services.--The Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection (a) if the facilities and services-- ``(1) are available; and ``(2) are provided on reimbursable cost basis.''. (b) Technical Amendments.--The Indian Self-Determination and Education Assistance Act is amended-- (1) by redesignating title V (as added by section 1302 of the American Indian Education Foundation Act of 2000) (25 U.S.C. 458bbb et seq.)) as title VII; (2) by redesignating sections 501, 502, and 503 (as added by section 1302 of the American Indian Education Foundation Act of 2000) as sections 701, 702, and 703, respectively; and (3) in subsection (a)(2) of section 702 and paragraph (2) of section 703 (as redesignated by paragraph (2)), by striking ``section 501'' and inserting ``section 701''. Passed the Senate July 16, 2003. Attest: EMILY J. REYNOLDS, Secretary.

Native American Health and Wellness Foundation Act of 2003 - Amends the Indian Self-Determination and Education Assistance Act to require the Secretary of Health and Human Services to establish the Native American Health and Wellness Foundation. Specifies as the duties of the Foundation to: (1) encourage, accept, and administer private gifts of real and personal property and any income from or interest in such gifts, for the benefit of, or in support of, the mission of the Indian Health Service of the Department of Health and Human Services; and (2) participate with and assist Federal, State, and tribal governments, agencies, entities, and individuals in undertaking and conducting activities that will further the health and wellness activities and opportunities of Native Americans. Requires the Secretary to establish the Committee for the Establishment of Native American Health and Wellness Foundation to assist the Secretary in establishing the Foundation. Authorizes appropriations for each fiscal year, adjusted to reflect the changes in the Consumer Price Index for all-urban consumers.

A bill to establish the Native American Health and Wellness Foundation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cesar E. Chavez Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Cesar E. Chavez was born March 31, 1927, on a small farm near Yuma, Arizona, and died on April 23, 1993. (2) Numerous holidays, schools, parks, libraries, and other structures and events have been named after Cesar E. Chavez, in the United States and internationally, with many more planned. (3) Cesar E. Chavez was a recipient of the Martin Luther King Jr. Peace Prize during his lifetime and was awarded the Presidential Medal of Freedom on August 8, 1994. (4) Cesar E. Chavez was the grandson of a Mexican immigrant and settler and grew up working with migrant farm workers, picking grapes, melons, beans, and other crops at low wages and for long hours, during which time he developed a strong work ethic and respect for the farm workers his father called ``the children of God''. (5) At the age of 18, Cesar E. Chavez entered the United States Navy and served his country with distinction for 2 years. (6) As early as 1949, Cesar E. Chavez committed himself to organizing farm workers to campaign for safe and fair working conditions, reasonable wages, decent housing, and the outlawing of child labor. (7) In 1962, Cesar E. Chavez founded the National Farm Workers Association, predecessor of the United Farm Workers of America, which brought hope to farm workers that they might one day realize the basic protections and workers' rights to which all Americans aspire. (8) Through his commitment to nonviolence, Cesar E. Chavez brought dignity and respect to the farm workers who organized themselves, and became an inspiration and a resource to other Americans and people engaged in human rights struggles throughout the world. (9) Cesar E. Chavez's fasts and strikes gained national attention and made people aware of the struggle of farm workers for better pay and safer working conditions. (10) Cesar E. Chavez was an advocate for nonviolence at a time when violence penetrated every level of our society; he used boycotts, pickets, strikes, and fasts to achieve his goals and went to jail for refusing to stop his boycott against lettuce growers. (11) Despite the killings and beatings of many workers, Chavez never wavered in his commitment to nonviolence. (12) Cesar E. Chavez and his family also dedicated themselves to the education of farm workers' children through migrant schools, and many of these children graduated and worked as teachers, doctors, or nurses or in other professional occupations. (13) The legacy of Cesar E. Chavez includes healthy working conditions that yield uncontaminated food for America's tables. (14) Cesar E. Chavez's influence extends far beyond agriculture and provides inspiration for those working to better human rights through his example of organizing voter registration drives in urban and farm areas, initiating complaints against mistreatment by police and welfare officials, and empowering workers to seek advancement in education and politics. (15) Cesar E. Chavez lived alongside his campesino brothers and sisters in humble surroundings. (16) Upon his death in 1993, Cesar E. Chavez was laid to rest where he lived and worked for 23 years on the grounds of the headquarters of the United Farm Workers of America, known as Nuestra Senora de La Paz (Our Lady of Peace), located in the Tehachapi Mountains at Keene, California. (17) With faith, discipline, soft-spoken humility, and amazing inner strength, Cesar E. Chavez led a very courageous life. (18) Cesar E. Chavez' words will always ring true in our country: Si se puede! Yes, we can! SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to the next of kin or other personal representative of Cesar E. Chavez in recognition of his service to the Nation. (b) Design and Striking.--For the purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS AS NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 6. FUNDING. (a) Authority to Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such an amount as may be necessary to pay for the costs of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

Cesar E. Chavez Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to the next of kin or other personal representative of Cesar E. Chavez in recognition of his service to the Nation. (Chavez organized farm workers to campaign for safe and fair working conditions, founded the National Farm Workers Association-- predecessor of the United Farm Workers of America-- and was a recipient of the Martin Luther King Jr. Peace Prize and the Presidential Medal of Freedom.)

To award a congressional gold medal on behalf of Cesar E. Chavez in recognition of his service to the Nation.

SECTION 1. PRIVATE DISASTER LOANS. (a) In General.--Section 7 of the Small Business Act (15 U.S.C. 636) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Private Disaster Loans.-- ``(1) Definitions.--In this subsection-- ``(A) the term `disaster area' means a county, parish, or similar unit of general local government in which a disaster was declared under subsection (b); ``(B) the term `eligible small business concern' means a business concern that is-- ``(i) is a small business concern, as defined in this Act; or ``(ii) is a small business concern, as defined in section 103 of the Small Business Investment Act of 1958; and ``(C) the term `qualified private lender' means any privately-owned bank or other lending institution that the Administrator determines meets the criteria established under paragraph (10). ``(2) Authorization.--The Administrator may guarantee timely payment of all principal and interest as scheduled on any loan issued-- ``(A) by a qualified private lender to an eligible small business concern located in a disaster area; and ``(B) during the 24-month period beginning on the date on which the disaster area is designated. ``(3) Use of loans.--A loan guaranteed by the Administrator under this subsection may be used for-- ``(A) any purpose authorized under subsection (a) or (b); and ``(B) acquiring or developing real estate for the purpose of selling or renting such real estate. ``(4) Online applications.-- ``(A) In general.-- ``(i) Establishment.--The Administrator may establish, directly or through an agreement with another entity, an online application process for loans guaranteed under this subsection. ``(ii) Other federal assistance.--The Administrator may coordinate with the head of any other appropriate Federal agency so that any application submitted through an online application process established under clause (i) may be considered for any other Federal assistance program for disaster relief. ``(B) Contents.-- ``(i) In general.--An online application process established under subparagraph (A) shall allow an applicant for a guarantee under this subsection to specify the qualified private lender from which the applicant seeks to obtain a loan. ``(ii) Offers for loans.-- ``(I) In general.--If an applicant does not specify a qualified private lender under clause (i), any qualified private lender may be selected to or opt to consider the application. ``(II) Process.--The Administrator may, via the online process or another predetermined and objective process, determine a means of distributing or otherwise making available for consideration applications where a qualified private lender has not been specified by the applicant. ``(5) Refinancing.--A loan guaranteed under this subsection may be used to refinance any debt under this Act or the Small Business Investment Act of 1958. ``(6) Maximum amounts.-- ``(A) Guarantee percentage.--The Administrator may guarantee not more than 85 percent of a loan under this subsection. ``(B) Loan amounts.--The maximum amount of a loan guaranteed under this subsection shall be $3,000,000. ``(7) Loan term.--The longest term of a loan for a loan guaranteed under this subsection shall be-- ``(A) 15 years for any loan that is issued without collateral; and ``(B) 25 years for any loan that is issued with collateral. ``(8) Fees.-- ``(A) In general.--The Administrator may not collect a guarantee fee under this subsection. ``(B) Origination fee.--The Administrator shall pay a qualified private lender an origination fee for a loan guaranteed under this subsection equal to \15/100\ of 1 percent of the amount of the loan. ``(9) Documentation.--A qualified private lender may use its own loan documentation for a loan guaranteed by the Administrator, to the extent authorized by the Administrator, except that the Administrator may not require such use by regulation, or otherwise. ``(10) Implementation.-- ``(A) In general.--Not later than 30 days after the date of enactment of this subsection, the Administrator shall-- ``(i) establish interim criteria for qualified private lenders; and ``(ii) begin accepting applications from banks and lending institutions. ``(B) Regulations.-- ``(i) In general.--Not later than 90 days after the date of enactment of this subsection, the Administrator shall promulgate regulations establishing permanent criteria for qualified private lenders. ``(ii) Existing qualified private lenders.--A bank or lending institution that the Administrator determined met the criteria established under subparagraph (A)(i) may continue to operate as a qualified private lender if the Administrator determines that such bank or lending institution meets the criteria established under clause (i). ``(11) Other assistance.--The fact that a small business concern receives assistance under this subsection shall not preclude such business concern from receiving other assistance under this Act. ``(12) Authorization of appropriations.-- ``(A) In general.--Amounts necessary to carry out this subsection shall be made available from amounts appropriated to the Administration under subsection (b). ``(B) Authority to reduce interest rates.--Funds appropriated to the Administration to carry out this subsection, may be used by the Administrator, to the extent available, to reduce the applicable rate of interest for a loan guaranteed under this subsection by not more than 3 percentage points.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to disasters declared under section 7(b)(2) of the Small Business Act (631 U.S.C. 636(b)(2)) before, on, or after the date of enactment of this Act. (2) Construction.--For any disaster described in paragraph (1) that was declared before the date of enactment of this Act, the 24-month period described in section 7(c)(2)(B) of the Small Business Act, as amended by this Act, shall begin on the date on which such disaster was declared. SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 4(c)-- (A) in paragraph (1), by striking ``7(c)(2)'' and inserting ``7(d)(2)''; and (B) in paragraph (2)-- (i) by striking ``7(c)(2)'' and inserting ``7(d)(2)''; and (ii) by striking ``7(e),''; and (2) in section 7(b), in the undesignated matter following paragraph (3)-- (A) by striking ``That the provisions of paragraph (1) of subsection (c)'' and inserting ``That the provisions of paragraph (1) of subsection (d)''; and (B) by striking ``Notwithstanding the provisions of any other law the interest rate on the Administration's share of any loan made under subsection (b) except as provided in subsection (c),'' and inserting ``Notwithstanding any other provision of law, and except as provided in subsection (d), the interest rate on the Administration's share of any loan made under subsection (b)''.

Amends the Small Business Act to authorize the Administrator of the Small Business Administration to guarantee timely payment of principal and interest on any loan issued by a qualified private lender to an eligible small business concern located in a disaster area during the 24-month period in which it has been designated as a disaster area. Permits such loans to be used for acquiring or developing real estate for selling or rental purposes, or to refinance any debt under this Act, or the Small Business Investment Act of 1958. Authorizes the Administrator to establish an on-line application process for loans guaranteed under this Act.

To amend the Small Business Act to provide for loan guarantees for certain private disaster loans.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2010, and for other purposes, namely: TITLE I BILATERAL ECONOMIC ASSISTANCE Department of State nonproliferation, anti-terrorism, demining and related programs Funds appropriated for fiscal year 2010 for a voluntary contribution to the International Atomic Energy Agency under section 301 of the Foreign Assistance Act of 1961 may be made available to that Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to participate in the activities of that Agency. migration and refugee assistance For necessary expenses to enable the Secretary of State to provide, as authorized by law, not less than $25,000,000 for refugees resettling in Israel, to remain available until expended. TITLE II INTERNATIONAL SECURITY ASSISTANCE Funds Appropriated to the President foreign military financing program For necessary expenses for grants only for Israel to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $2,220,000,000: Provided, That to expedite the provision of assistance to Israel, the Secretary of State may use the funds appropriated under this heading to procure defense articles and services to enhance the capacity of Israel's security forces: Provided further, That the Department of State shall consult with the Committees on Appropriations prior to exercising the authority contained in the previous proviso: Provided further, That the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $583,860,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That funds appropriated or otherwise made available by this paragraph shall be non-repayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further, That funds made available under this paragraph shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 1501(a): Provided further, That none of the funds made available under this paragraph, except those specified in the fourth proviso under this heading, shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless Israel has first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds: Provided further, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 7015 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010: Provided further, That funds made available in this paragraph may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further, That funds appropriated in this paragraph shall be expended at the minimum rate necessary to make timely payment for defense articles and services. TITLE III GENERAL PROVISIONS availability of funds Sec. 301. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available until expended. applicability of general limitations Sec. 302. The pertinent limitations and restrictions on the availability and use of funds set forth in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 shall apply to the appropriations provided in this Act. arab league boycott of israel Sec. 303. It is the sense of the Congress that-- (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the Middle East and North Africa; (2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; (3) all Arab League states should normalize relations with their neighbor Israel; (4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and (5) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply. palestinian statehood Sec. 304. (a) Limitation on Assistance.--None of the funds appropriated under this Act, or under titles III through VI of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010, may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that-- (1) the governing entity of a new Palestinian state-- (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include-- (A) termination of all claims or states of belligerency; (B) respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) Sense of Congress.--It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) Waiver.--The President may waive subsection (a) if he determines that it is important to the national security interests of the United States to do so. (d) Exemption.--The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (``Limitation on Assistance to the Palestinian Authority''). restrictions concerning the palestinian authority Sec. 305. None of the funds appropriated under this Act, or under titles II through VI of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010, may be obligated or expended to create in any part of Jerusalem a new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and employees of the United States and officials of the Palestinian Authority, or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United States Government business with such authority should continue to take place in locations other than Jerusalem. As has been true in the past, officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian Authority), have social contacts, and have incidental discussions. This Act may be cited as the ``Israel Foreign Assistance Appropriations Act, 2010''.

Israel Foreign Assistance Appropriations Act, 2010 - Appropriates FY2010 funds for Israel for: (1) refugee resettlement; and (2) foreign military credit sales. Conditions the availability of: (1) FY2010 appropriations for a voluntary contribution to the International Atomic Energy Agency (IAEA) upon a determination by the Secretary of State that Israel is not being denied IAEA participation; and (2) certain appropriations to support a Palestinian state upon a determination by the Secretary that the Palestinian governing entity has demonstrated a commitment to peaceful co-existence with Israel and is taking appropriate counterterrorism measures. Expresses the sense of Congress against the Arab League boycott of Israel. Prohibits the expenditure of specified funds to create in any part of Jerusalem a new government office of any U.S. department or agency for the purpose of conducting official U.S. business with the Palestinian Authority (PA) or successor governing entity over Gaza and Jericho.

Making appropriations for foreign assistance to Israel for fiscal year 2010.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Firefighter and EMS Personnel Job Protection Act''. SEC. 2. DEFINITIONS. In this Act: (1) Emergency.--The term ``emergency'' has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (2) Major disaster.--The term ``major disaster'' has the meanings given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (3) Qualified volunteer fire department.--The term ``qualified volunteer fire department'' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. (4) Volunteer emergency medical services.--The term ``volunteer emergency medical services'' means emergency medical services performed on a voluntary basis for a fire department or other emergency organization. (5) Volunteer firefighter.--The term ``volunteer firefighter'' means an individual who is a member in good standing of a qualified volunteer fire department. SEC. 3. TERMINATION OF EMPLOYMENT OF VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL PROHIBITED. (a) Termination Prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. (b) Deployment.--The prohibition in subsection (a) shall apply to an employee serving as a volunteer firefighter or providing volunteer emergency medical services if such employee-- (1) is specifically deployed to respond to the emergency or major disaster in accordance with a coordinated national deployment system such as the Emergency Management Assistance Compact or a pre-existing mutual aid agreement; or (2) is a volunteer firefighter who-- (A) is a member of a qualified volunteer fire department that is located in the State in which the emergency or major disaster occurred; (B) is not a member of a qualified fire department that has a mutual aid agreement with a community affected by such emergency or major disaster; and (C) has been deployed by the emergency management agency of such State to respond to such emergency or major disaster. (c) Limitations.--The prohibition in subsection (a) shall not apply to an employee who-- (1) is absent from the employee's employment for the purpose described in subsection (a) for more than 14 days per calendar year; (2) responds on the emergency or major disaster without being officially deployed as described in subsection (b); or (3) fails to provide the written verification described in subsection (e) within a reasonable period of time. (d) Withholding of Pay.--An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in subsection (a). (e) Verification.--An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states-- (1) the employee responded to the emergency or major disaster in an official capacity; and (2) the schedule and dates of the employee's participation in such response. (f) Reasonable Notice Required.--An employee who may be absent from or late to the employee's employment for the purpose described in subsection (a) shall-- (1) make a reasonable effort to notify the employee's employer of such absence; and (2) continue to provide reasonable notifications over the course of such absence. SEC. 4. RIGHT OF ACTION. (a) Right of Action.--An individual who has been terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment in violation of the prohibition described in section 3 may bring, in a district court of the United States of appropriate jurisdiction, a civil action against individual's employer seeking-- (1) reinstatement of the individual's former employment; (2) payment of back wages; (3) reinstatement of fringe benefits; and (4) if the employment granted seniority rights, reinstatement of seniority rights. (b) Limitation.--The individual shall commence a civil action under this section not later than 1 year after the date of the violation of the prohibition described in section 3. SEC. 5. STUDY AND REPORT. (a) Study.--The Secretary of Labor shall conduct a study on the impact that this Act could have on the employers of volunteer firefighters or individuals who provide volunteer emergency medical services and who may be called on to respond to an emergency or major disaster. (b) Report.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the appropriate congressional committees a report on the study conducted under subsection (a). (c) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means the Committee on Health, Education, Labor, and Pensions and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Education and the Workforce and the Committee on Small Business of the House of Representatives.

Volunteer Firefighter and EMS Personnel Job Protection Act - Prohibits any employee from being terminated, demoted, or discriminated against in the terms or conditions of employment because the employee is absent or late as a result of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. Excludes absences for which the employee: (1) is absent for more than 14 days per calendar year; (2) responds to an emergency or major disaster without being official deployed in accordance with a coordinator national deployment system; or (3) fails to provide written verification within a reasonable period of time. Allows employers to: (1) reduce the employee's regular pay for such time as the employee is absent; and (2) require the employee to provide written verification from the supervising Federal Emergency Management Agency (FEMA), state, or local official that such employee responded in an official capacity at a specified time and date. Requires such an employee to make a reasonable effort to notify his or her employer that he or she may be absent or late. Gives such an employee a private cause of action for discrimination which violates this Act.

A bill to prohibit termination of employment of volunteer firefighters and emergency medical personnel responding to emergencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Protection and Response Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) The Robert T. Stafford Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) was established to provide aid and coordinate Federal disaster relief in response to a major disaster. (2) The effect of the terrorist attack on September 11, 2001, on New York City, New York, was declared a major disaster as defined by the Act. (3) The terrorist attacks on September 11, 2001, brought forth new challenges never dealt with before in a major disaster. (4) These new challenges and lack of comprehensive authority to deal with them, as defined by current statute, slowed down and complicated Federal disaster relief for the New York and Washington Metropolitan Areas, and exposed weaknesses in the authorities Federal agencies have to respond to a homeland security event. (5) Officials throughout the Administration and intelligence community assert that another attack is inevitable so it is imperative to establish new authority to address the inadequacies in the existing system of response. SEC. 3. DEFINITION OF MAJOR DISASTER. Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is amended by striking ``, or explosion'' and inserting ``, explosion, terrorist attack (including a biological, nuclear, chemical, or small arms attack and a cyber- attack on computer systems), dispersion of radioactive or other contaminants, dispersion of hazardous substances, or other catastrophic event''; SEC. 4. DEFINITION OF PRIVATE NONPROFIT FACILITY. Section 102(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(9)) is amended by adding at the end the following: ``In the case of a homeland security event, such term also includes private for-profit telecommunications and phone services and private for-profit utilities (including power, water (including water provided by an irrigation organization or facility), sewer, and wastewater treatment) except that for-profit utilities shall be covered only for structures and property losses that occur during a homeland security event if such losses are not covered by such utility's insurance policies. SEC. 5. HOMELAND SECURITY EVENTS. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following: ``SEC. 425. HOMELAND SECURITY EVENTS. ``(a) In General.--At the request of the Governor of the affected State, the President may declare that a major disaster constitutes a homeland security event for the purposes of this section. Such a request shall be based on a finding that Federal assistance is necessary because the event poses a significant risk to the security of the people and property of the Nation and is of such severity and magnitude that effective response is beyond the capability of the affected State and local government. ``(b) Federal Assistance.--In any homeland security event, in addition to providing other assistance made available under this title in a major disaster, the President may-- ``(1) establish a coordinating office and appoint a disaster recovery director-- ``(A) to work with and coordinate efforts with the Federal coordinating officer appointed under section 302; ``(B) to oversee and coordinate the timely distribution of Federal compensation to persons injured in such disaster; ``(C) to develop methods to expedite claims for relief and assistance by individuals and businesses; ``(D) coordinate long-term recovery efforts with State and local authorities; and ``(E) work with Federal agencies to develop more effective methods to assist affected parties; ``(2) require that if an office described in paragraph (1) is established, the disaster recovery director-- ``(A) shall consult with local officials in developing a recovery plan; and ``(B) may appoint an independent claims manager to assist in providing assistance; ``(3) in any case in which a Federal official issues a high security alert after a homeland security event, provide technical assistance and reimbursement to State and local governments in the disaster area for expenses incurred related to such alert, including overtime for law enforcement officers for a period of time that the President determines is necessary; ``(4) provide grants to a local government which may suffer a substantial loss of tax and other revenues; ``(5) authorize reimbursement to a school system for-- ``(A) providing additional classroom instruction time and related activities to students who lost instructional time as a result of the homeland security event; ``(B) providing mental health and trauma counseling and other appropriate support services to students suffering from trauma-related disorders resulting from the homeland security event; ``(C) providing guidance and grief counseling and mental health services, including overtime payment for counselors and mental health professionals, for students and school staff; ``(D) clean up and structural inspections and repairs of school facilities; ``(E) textbooks and other school supplies and equipment used to support the relocation of students from schools in the disaster area; ``(F) the cost of relocating students, including transportation of students to temporary school facilities; and ``(G) loss of perishable food stock and revenue lost from food services; and ``(6) provide grants, equipment, supplies, and personnel, to any non-profit medical facility that has-- ``(A) lost equipment or revenue due to a major disaster; ``(B) incurred additional costs for security enhancements in anticipation of a homeland security event; ``(C) purchased emergency supplies, medicine, or equipment, or contracted with medical specialists, in order to respond to casualties expected to be treated as a result of a major disaster; or ``(D) complied with Federal and state requirements concerning maintenance of health service treatment procedures (such as dialysis facilities) that may not be used as a result of a major disaster; and ``(7) authorize and direct the Administrator of the Environmental Protection Agency to perform all testing of indoor air quality deemed necessary by the Administrator and to undertake such remedial actions as may be necessary, in the discretion of the Administrator, to protect human health and safety from the contamination of indoor air quality following any such event.''. SEC. 6. CRITICAL SERVICES. Section 406(a)(3)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)(3)(B)) is amended-- (1) by striking ``and'' before ``emergency''; and (2) by inserting before the period the following: ``, education systems, providers of counseling assistance, and providers of assistance to the homeless''. SEC. 7. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. Section 408(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(a)(1)) is amended by striking ``direct'' each place it appears. SEC. 8. COMMUNITY DISASTER LOANS. (a) Amount.--Section 417(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184(b)) is amended-- (1) by striking ``, shall not exceed'' and inserting ``and shall not exceed''; and (2) by striking ``, and shall not exceed $5,000,000''. (b) Major Disasters Caused by Terrorist Attacks.--Section 417 of such Act (42 U.S.C. 5184) is amended by adding at the end the following: ``(e) Interest Forgiveness in Certain Cases.--The President shall not require the payment of any interest on a loan made under this section to a local government which may suffer a substantial loss of tax and other revenues as a result of a homeland security event.''. (c) Applicability.--The amendments made by this section shall apply with respect to any major disaster occurring on or after October 30, 2000. SEC. 9. STANDARDS AND REPORTING. The Director of the Office of Management and Budget shall-- (1) establish standards for reporting information regarding disaster efforts made by each agency that assists in providing relief in a disaster that the President has determined constitutes a homeland security event under section 425 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); (2) collect data from each such agency regarding the efforts of such agency for each major disaster described in paragraph (1) not less than once each year; and (3) report such data to the appropriate committees of Congress annually. SEC. 10. SPECIAL PRESIDENTIAL COMMISSION TO REVIEW AIR QUALITY. The President shall appoint a special commission to undertake a study of the authorities available to the Environmental Protection Agency following a major disaster that the President determines constitutes a homeland security event under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and following), particularly a terrorist attack using chemical, biological, or nuclear weapons. The Commission shall examine the agency's authorities to-- (1) monitor the environment; (2) evaluate health risks associated with air pollutants that may be released into the environment as result of such a disaster; and (3) communicate with affected communities and first responders. The Commission shall submit a report to the President and to the Congress containing the results of such study and including any recommendations of the special commission regarding the clarification and recommendation of Environmental Protection Agency authorities in such situations. SEC. 11. ACUTELY AND SUB-ACUTELY TOXIC CHEMICAL, BIOLOGICAL, AND RADIOACTIVE EXPOSURE GUIDELINES. The Administrator of the Environmental Protection Agency shall promulgate guidelines regarding the health risks of short-, medium-, or long-term exposure to acutely or sub-actuely toxic chemical, biological, and radioactive materials that may be released into the environment as a consequence of a major disaster that the President determines constitutes a homeland security event under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and following). The Director of the Centers for Disease Control and Prevention shall provide the Administrator with such information and analysis as may be necessary for the Administrator to promulgate guidelines under this section in the case of biological materials. SEC. 12. EPA AUTHORITIES FOR ENVIRONMENTAL MONITORING AND ANALYSIS. In order to provide for standardized and rapid data collection and analysis and communication regarding environmental risks following any major disaster that the President determines constitutes a homeland security event under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and following), the President shall designate the Administrator of the Environmental Protection Agency or the Director of the Centers for Disease Control and Prevention (in the case of a release of biological agents) to coordinate all data collection and monitoring and dissemination of analysis regarding the release of pollutants and contaminants (including biological agents) into the environment by reason of any such disaster. SEC. 13. DATA COLLECTION DURING PUBLIC HEALTH EMERGENCIES; RESEARCH ON ASSISTING VICTIMS; ADVANCED PREPARATION. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 319K the following section: ``SEC. 319L. DATA COLLECTION DURING PUBLIC HEALTH EMERGENCIES; RESEARCH ON ASSISTING VICTIMS; ADVANCED PREPARATION. ``(a) In General.--The Secretary may make awards of grants, contracts, and cooperative agreements to public and nonprofit private entities for the purpose of collecting public health data during and in the aftermath of public health emergencies, and conducting research with respect to such data, in order to develop medical therapies and other public health strategies for assisting victims of such emergencies in recovering from the emergencies. ``(b) Advance Preparation for Emergency Events.--The Secretary shall provide for the approval of applications for awards under subsection (a) in advance of public health emergencies in order that, upon the occurrence of such an emergency, the Secretary can promptly begin disbursing amounts from the awards and the recipients of the awards can promptly begin carrying out the purpose described in subsection (a). ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2006, in addition to other authorizations of appropriations that are available for such purpose. Amounts appropriated under the preceding sentence are available until expended.''.

Community Protection and Response Act of 2002 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) to include a terrorist attack, dispersion of radioactive or other contaminants, dispersion of hazardous substances, or other catastrophic event as a "major disaster" eligible for relief under the Act. Includes as a "private nonprofit facility" for purposes of damages coverage in a major disaster private for-profit telecommunications, phone services, and utilities when losses occur during a homeland security event and are not covered by insurance.Authorizes the President, at the request of a State governor, to declare that a major disaster constitutes a homeland security event and is of such severity and magnitude that effective response is beyond the capacity of the affected State and local government. Provides specified Federal assistance under the Act upon such a declaration, including reimbursement and grant assistance for lost compensation, sustained losses, and required repairs.Includes as critical services under the Act education systems, providers of counseling, and providers of assistance to the homeless.Removes the $5 million limit on community disaster loans provided under the Act.Requires or provides for: (1) standards for reporting information concerning disasters involving homeland security events; (2) a special commission to review air quality following a homeland security event; (3) guidelines concerning health risks associated with the release of materials following a homeland security event and associated monitoring and analysis; and (4) grants for data collection during public health emergencies, research on assisting victims, and advance preparation for public health emergencies.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve Federal response efforts after a terrorist strike or other major disaster affecting homeland security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Battle of Midway National Memorial Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) September 2, 1995, marks the 50th anniversary of the United States victory over Japan in World War II. (2) The Battle of Midway proved to be the turning point in the war in the Pacific, as United States Navy forces inflicted such severe losses on the Imperial Japanese Navy during the battle that the Imperial Japanese Navy never again took the offensive against United States or allied forces. (3) During the Battle of Midway, an outnumbered force of the United States Navy, consisting of 29 ships and other units of the Armed Forces under the command of Admiral Nimitz and Admiral Spruance, out-maneuvered and out-fought 350 ships of the Imperial Japanese Navy. (4) It is in the public interest to erect a memorial to the Battle of Midway that is suitable to express the enduring gratitude of the American people for victory in the battle and to inspire future generations of Americans with the heroism and sacrifice of the members of the Armed Forces who achieved that victory. SEC. 3. ESTABLISHMENT. (a) In General.--There is established the Battle of Midway National Memorial (referred to in this Act as the ``Memorial''). (b) Lease of Land.--The Secretary of the Navy shall lease to the International Midway Memorial Foundation, Inc. (referred to in this Act as the ``Foundation''), for use as a Memorial for the Battle of Midway, the lands (including any equipment, facilities, infrastructure, and other improvements to such lands) and waters of the Midway Islands that are owned by the United States, are within the jurisdiction of the Secretary, and are designated as historic landmarks. (c) Terms and Conditions of Lease.-- (1) Term of lease.--The lease under this subsection shall be for a term of 99 years. (2) Consideration.--As consideration for the lease under this subsection, the Foundation shall pay to the United States the amount of $1 per year for each year of the term of the lease. The Secretary shall deposit the amount in the Treasury as miscellaneous receipts. (d) Management.--In managing the Memorial, the Foundation shall-- (1) determine the boundaries of all properties, including those comprising the airstrip on Eastern Island, bunkers, cable buildings, and gun emplacements on the Midway Atolls, which the Secretary of the Interior shall designate as historic landmarks open to the public; (2) maintain the lands (including any equipment, facilities, infrastructure, and other improvements to such lands) and waters that are so designated; (3) continue management of the remainder of Midway Atolls as a wildlife refuge; (4) provide for use of the waters, shoals, and reefs adjacent to the Midway Islands consistent with protection of the natural habitat of the Hawaiian monk seal and the green sea turtle; (5) allow facilities on Sand Island to continue to function as-- (A) a Coast Guard air-sea rescue facility; (B) a commercial air terminal; (C) a private and contract aircraft refueling site; and (D) a seaport facility; (6) at its discretion, erect such structures and facilities on Sand Island as the Foundation considers necessary to support visitors to the Memorial; and (7) establish a Battle of Midway Memorial Museum on Sand Atoll. (e) Access Requirements.-- (1) Access by foundation.--The Secretary shall provide the Foundation such access to the lands and waters covered by the lease under subsection (b) as the Foundation shall require in order to improve, operate, and maintain the Memorial. (2) Access by others.--The Secretary shall not limit the number of members of the public who may have access to the Midway Islands or to the Memorial established under this Act. (f) Performance of Functions Under Contract.--The Foundation may perform any of its functions under this Act through contracts with private entities under such terms and conditions as the Foundation considers to be in the best interests of the Memorial, including provisions for payment of a portion of the revenues derived from operations under contract into the fund established under subsection (h) in appropriate amounts to assist in the accomplishment of the purposes described in paragraph (3) of that subsection. (g) Advisory Assistance for Foundation.--The Secretary shall appoint an advisory board which shall provide advisory services to the Foundation for the Memorial. The Secretary shall appoint as members of the advisory board the following: (1) Appropriate employees of the Department of Defense. (2) In consultation with the Secretary of the Interior, appropriate employees of the United States Fish and Wildlife Service and of the National Park Service. (3) In consultation with the Secretary of Transportation, appropriate employees of the Coast Guard. (4) Individuals from the private sector. (5) Members of the Foundation. (h) Battle of Midway Memorial Fund.-- (1) Establishment.--The Foundation shall establish a fund to be known as the ``Battle of Midway Memorial Fund'' (referred to in this section as the ``Fund''). (2) Transfers into the fund.--There shall be transferred quarterly into the Fund-- (A) user fees and other revenues collected directly by the Foundation; (B) payments required by contracts under subsection (f); and (C) donations received from private sources. (3) Purposes.--The Foundation may use amounts in the Fund to pay the costs of making capital improvements to, maintaining, and operating the Memorial.

Battle of Midway National Memorial Act - Establishes the Battle of Midway National Memorial. Requires the Secretary of the Navy to lease to the International Midway Memorial Foundation, Inc. for use as such Memorial, Federal lands and waters of the Midway Islands that are within the Secretary's jurisdiction and designated as historic landmarks. Sets forth the term and conditions of such lease. Requires the management of the Memorial by the Foundation to include: (1) determining the boundaries of all properties, including those comprising the airstrip on Eastern Island, bunkers, cable buildings, and gun emplacements on the Midway Atolls (to be designated by the Secretary as historic landmarks open to the public) and maintaining such designated lands and waters; (2) continuing management of the remainder of Midway Atolls as a wildlife refuge; (3) providing for use of the waters, shoals, and reefs adjacent to the Midway Islands consistent with protection of the natural habitat of the Hawaiian monk seal and the green sea turtle; (4) allowing facilities on Sand Island to continue to function as a Coast Guard air-sea rescue facility, commercial air terminal, private and contract aircraft refueling site, and seaport facility; (5) at the Foundation's discretion, erecting facilities on Sand Island necessary to support visitors to the Memorial; and (6) establishing a Battle of Midway Memorial Museum on Sand Atoll. Provides for the appointment of an advisory board and establishment of a Memorial fund.

Battle of Midway National Memorial Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grazing Improvement Act of 2012''. SEC. 2. TERMS OF GRAZING PERMITS AND LEASES. Section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is amended-- (1) by striking ``ten years'' each place it appears and inserting ``20 years''; and (2) in subsection (b)-- (A) by striking ``or'' at the end of each of paragraphs (1) and (2); (B) in paragraph (3), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(4) the initial environmental analysis under National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) regarding a grazing allotment, permit, or lease has not been completed.''. SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND LEASES. (a) Amendment.--Title IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end the following: ``SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND LEASES. ``(a) Definitions.--In this section: ``(1) Current grazing management.--The term `current grazing management' means grazing in accordance with the terms and conditions of an existing permit or lease and includes any modifications that are consistent with an applicable Department of Interior resource management plan or Department of Agriculture land use plan. ``(2) Secretary concerned.--The term `Secretary concerned' means-- ``(A) the Secretary of Agriculture, with respect to National Forest System land; and ``(B) the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the Interior. ``(b) Renewal, Transfer, Reissuance, and Pending Processing.--A grazing permit or lease issued by the Secretary of the Interior, or a grazing permit issued by the Secretary of Agriculture regarding National Forest System land, that expires, is transferred, or is waived shall be renewed or reissued under, as appropriate-- ``(1) section 402; ``(2) section 19 of the Act of April 24, 1950 (commonly known as the `Granger-Thye Act'; 16 U.S.C. 580l); ``(3) title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or ``(4) section 510 the California Desert Protection Act of 1994 (16 U.S.C. 410aaa-50). ``(c) Terms; Conditions.--The terms and conditions (except the termination date) contained in an expired, transferred, or waived permit or lease described in subsection (b) shall continue in effect under a renewed or reissued permit or lease until the date on which the Secretary concerned completes the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, in compliance with each applicable law. ``(d) Cancellation; Suspension; Modification.--Notwithstanding subsection (c), a permit or lease described in subsection (b) may be cancelled, suspended, or modified in accordance with applicable law. ``(e) Renewal Transfer Reissuance After Processing.--When the Secretary concerned has completed the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, the Secretary concerned may renew or reissue the permit or lease for a term of 20 years after completion of processing. ``(f) Compliance With National Environmental Policy Act of 1969.-- The renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned may, at their sole discretion, be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement if-- ``(1) the decision continues to renew, reissue, or transfer the current grazing management of the allotment; ``(2) monitoring of the allotment has indicated that the current grazing management has met, or has satisfactorily progressed towards meeting, objectives contained in the land use and resource management plan of the allotment, as determined by the Secretary concerned; or ``(3) the decision is consistent with the policy of the Department of the Interior or the Department of Agriculture, as appropriate, regarding extraordinary circumstances. ``(g) Priority and Timing for Completing Environmental Analyses.-- The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of the allotment, permit, or lease and available funding for that purpose. ``(h) NEPA Exemptions.--The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the following: ``(1) Crossing and trailing authorizations of domestic livestock. ``(2) Transfer of grazing preference.''. (b) Table of Contents.--The table of contents for the Federal Land Policy and Management Act of 1976 is amended by adding after the item for section 404, the following: ``Sec. 405. Renewal, transfer, and reissuance of grazing permits and leases.''.

Grazing Improvement Act of 2012 - Amends the Federal Land Policy and Management Act of 1976 (the Act) to double from 10 to 20 years the period of a term for grazing permits and leases for domestic livestock grazing on public lands or lands within national forests in 16 contiguous western states. Permits the issuance of permits and leases for a period shorter than 20 years (under current law, shorter than 10 years), including where the Secretary concerned determines that the initial environmental analysis under the National Environmental Policy Act of 1969 (NEPA) regarding a grazing allotment, permit, or lease has not been completed. Directs that grazing permits or leases issued by the Secretary of the Interior respecting lands under the jurisdiction of the Department of the Interior and grazing permits issued by the Secretary of Agriculture (USDA) respecting National Forest System lands that expire, are transferred, or are waived after this Act's enactment be renewed or reissued, as appropriate, under the Act, the Granger-Thye Act, the Bankhead-Jones Farm Tenant Act, or the California Desert Protection Act of 1994. Allows the exclusion of the renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned from the NEPA requirement to prepare an environmental analysis if: (1) such decision continues to renew, reissue, or transfer current grazing management of the allotment; (2) monitoring indicates that such management meets objectives contained in the land use and resource management plan of the allotment; or (3) the decision is consistent with the policy of the Department of the Interior or USDA regarding extraordinary circumstances. Gives the Secretary concerned the sole discretion to determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of such authorization and available funding. Makes NEPA inapplicable to domestic livestock crossing and trailing authorizations and transfers of grazing preference.

To amend the Federal Land Policy and Management Act of 1976 to improve the management of grazing leases and permits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lena Horne Recognition Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Lena Mary Calhoun Horne was born on June 30, 1917, in Brooklyn, New York. (2) At the age of 16, Lena Horne was hired as a dancer in the chorus of Harlem's famous Cotton Club, where she was introduced to such legendary jazz performers as Duke Ellington, Cab Calloway, Count Basie, Ethel Waters, and Billie Holiday. (3) In 1940, Lena Horne became one of the first African- American women to perform with an all-White band when she toured with Charlie Barnet's jazz band as its featured singer. (4) Lena Horne was discovered by a Metro-Goldwyn-Mayer (MGM) talent scout and became the first Black artist to sign a long-term contract with a major studio. (5) Despite her extraordinary beauty and talent, Lena Horne was often limited to minor acting roles because of her race. (6) Scenes in which she did sing were cut out when they were sent to local distributors in the South and studio executives cast Ava Gardner as Julie in the film version of Show Boat instead of Lena Horne because they did not want it to star a Black actress. (7) However, Lena Horne dazzled audiences and critics in a number of films, including Cabin in the Sky and Stormy Weather. (8) During World War II, Lena Horne toured extensively with the United Service Organizations (USO) on the West Coast and in the South in support of the troops and expressed outrage about the way Black soldiers were treated. (9) She refused to sing for segregated audiences or to groups in which German prisoners of war were seated in front of African-American servicemen. (10) During the period of McCarthyism in the 1950s, Lena Horne was blacklisted as a communist for 7 years because of her civil rights activism and friendship with Paul Robeson and W.E.B. Du Bois. (11) Although Lena Horne continued to face discrimination, her musical and acting career flourished. (12) In 1957, Lena Horne recorded Lena Horne at the Waldorf-Astoria, which reached the Top 10 and became the best- selling album by a female singer in RCA Victor's history. (13) Lena Horne rose to international stardom and toured the world, sharing the stage with such names as Count Basie, Tony Bennett, Billy Eckstein, Vic Damone, and Harry Belafonte and also starred in musical and television specials with such giants as Judy Garland, Bing Crosby, and Frank Sinatra. (14) Lena Horne used her fame to become a powerful voice for civil rights and equality. (15) In 1963, she participated in the historic March on Washington for Jobs and Freedom, at which Dr. Martin Luther King, Jr. delivered his immortal ``I Have a Dream'' speech. (16) Lena Horne also performed at rallies throughout the country for the National Council for Negro Women and worked with the National Association for the Advancement of Colored People (NAACP), of which she was a member since the age of 2, the National Council of Negro Women, the Delta Sigma Theta sorority, and the Urban League. (17) Through the end of the 20th century, Lena Horne continued to entertain large audiences of all ages and backgrounds and appeared on numerous television shows, including Sesame Street, Sanford and Son, The Muppet Show, The Cosby Show, and A Different World. (18) In 1978, she was in the film adaption of The Wiz. (19) In 1981, Ms. Horne captivated audiences with her one- woman Broadway show, Lena Horne: The Lady and Her Music, which enjoyed a 14-month run before going on tour and earned her a special Tony and two Grammy awards. (20) In 2002, 73 years after the Academy Awards were first awarded, Halle Berry became the first Black woman to win an Oscar for Best Actress and recognized in her acceptance speech how Lena Horne paved the way for her and other Black actresses. (21) Lena Horne passed away in New York City on May 9, 2010, at the age of 92. (22) Lena Horne was an entertainer, activist, and mother who used her beauty, talent, and intelligence to fight racial discrimination and injustice and rise to international stardom. (23) A symbol of elegance and grace, she entertained people of all walks of life for over 60 years and broke barriers for future generations. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund. Passed the House of Representatives April 17, 2012. Attest: KAREN L. HAAS, Clerk.

Lena Horne Recognition Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement.

To posthumously award a Congressional Gold Medal to Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement.

SECTION 1. AUTHORITY TO EXPAND AND EXTEND MEDICARE SUBVENTION DEMONSTRATION PROJECT FOR MILITARY RETIREES; INFORMATION REGARDING MEDICARE+CHOICE AND MEDIGAP PROTECTIONS. (a) In General.--Section 1896 of the Social Security Act (42 U.S.C. 1395ggg) is amended by adding at the end the following: ``(l) Authority To Expand and Extend Demonstration Project.-- ``(1) In General.--Subject to paragraphs (2) and (3), the administering Secretaries may expand and extend the demonstration project if such Secretaries determine that-- ``(A) the expansion and extension of the project would be beneficial to medicare-eligible military retirees and dependents; and ``(B) the requirements with respect to the project are being met on the date of the determination and will continue to be met if the project is expanded and extended pursuant to this subsection. ``(2) Time for determination.--The determination regarding the expansion and extension of the demonstration project pursuant to paragraph (1) shall be made between July 1, 1999, and January 1, 2000. ``(3) Applicable rules for expansion and extension.--If the administering Secretaries determine pursuant to paragraph (1) to expand and extend the demonstration project, the following rules shall apply to such expansion and extension: ``(A) Expansion of sites.--The number of demonstration project sites may be expanded by the administering Secretaries from no more than 6 sites (pursuant to subsection (b)(2)) to no more than 15 sites, with such additional sites to be designated jointly by the administering Secretaries after review of all TRICARE regions. ``(B) Duration of extension.-- ``(i) In general.--Subject to clause (ii), the administering Secretaries may extend the duration of the demonstration project under subsection (b)(4) by 1 or 2 years. ``(ii) Limitation.--The administering Secretaries may not extend the duration of the project pursuant to clause (i) unless the administering Secretaries expand the project pursuant to subparagraph (A) to include at least 7 sites. ``(C) Revision of operating agreement.--Not later than 30 days after the date that the administering Secretaries determine to expand and extend the demonstration project pursuant to this subsection, the administering Secretaries shall-- ``(i) revise the agreement entered into under subsection (b)(1) to reflect such expansion (and extension, if applicable); and ``(ii) submit a copy of the revised agreement to the committees of Congress with jurisdiction over the demonstration project. The revised agreement shall include a detailed description of the rationale behind the determination by the administering Secretaries to expand (and extend, if applicable) the demonstration project pursuant to this subsection. ``(D) Cap on amount of reimbursements.-- ``(i) Expansion of sites.--If the administering Secretaries determine pursuant to subparagraph (A) to expand the number of demonstration project sites, the administering Secretaries may revise the maximum amount to be reimbursed under subsection (i)(4)(C) for calendar year 2000. ``(ii) Extension of duration.--If the duration of the demonstration project is extended under this subsection to any calendar year beginning after 2000, the aggregate amount to be reimbursed under subsection (i) for such year pursuant to the agreement entered into between the administering Secretaries under subsection (b) and revised pursuant to subparagraph (C) shall not exceed an amount determined appropriate by the administering Secretaries. ``(E) Evaluation and reports by Comptroller General.--If the administering Secretaries extend the duration of the demonstration project under this subsection, the Comptroller General of the United States shall continue to perform all evaluations and submit all reports required under this section during the period that the demonstration project is operating by reason of such extension, except that the final report required to be submitted pursuant to subsection (k)(1) shall be submitted by not later than 6 months after the date that the demonstration project ends. ``(F) Terms and conditions of project.--All terms and conditions for operating the demonstration project under this section shall apply to any expansion and extension of the demonstration project pursuant to this subsection. ``(m) Information Regarding Medicare +Choice and Medigap Protections.-- ``(1) In general.--The administering Secretaries shall take all appropriate steps necessary in order to provide medicare- eligible military retirees and dependents participating in the demonstration project with information regarding the applicable statutory protections for such retirees and dependents who no longer participate in the demonstration project. ``(2) Applicable statutory protections.--For purposes of paragraph (1), the term `applicable statutory protections' means protections regarding-- ``(A) open enrollment periods for enrollment in Medicare+Choice plans under section 1851(e) that are applicable to such retirees and dependents; and ``(B) enrollment protections for medicare supplemental policies under section 1882(s) that are applicable to such retirees and dependents.''. (b) Change in Date for Submission of Report On Extension and Expansion of Demonstration Project.--Section 1896(k)(2) of the Social Security Act (42 U.S.C. 1395ggg(k)(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``Not later than 6 months after the date of the submission of the final report by the Comptroller General of the United States under paragraph (1)'' and inserting ``Not later than January 1, 2001''; (2) in subparagraph (A), by inserting ``beyond any expansion carried out under this section pursuant to subsection (l)'' after ``could be expanded''; (3) in subparagraph (B), by inserting ``beyond any extension carried out under this section pursuant to subsection (l)'' after ``demonstration project''; and (4) in subparagraph (C), by inserting ``beyond any extension or expansion carried out under this section pursuant to subsection (l)'' before the period at the end.

Amends the Social Security Act to authorize the Secretaries of Health and Human Services and Defense (administering Secretaries) to expand and extend the Medicare subvention demonstration project for military retirees (a project providing reimbursement to the Secretary of Defense for Medicare health care services furnished to Medicare-eligible military retirees through the Department of Defense) if the administering Secretaries determine that: (1) such expansion and extension would be beneficial to such retirees and their dependents; and (2) project requirements are being met and will continue to be met if the project is expanded and extended. Requires the determination of such expansion and extension to be made between July 1, 1999, and January 1, 2000. Provides expansion rules and allows the administering Secretaries to extend the project by one or two years. Requires: (1) revision of the original operating agreement to reflect such expansion and extension, including an increase in the maximum reimbursement amount under the project; and (2) continued project evaluations and reports by the Comptroller General. Directs the administering Secretaries to provide retirees and dependents participating in the project with information regarding the applicable statutory protections for individuals who no longer participate in the project. Extends until January 1, 2001, the required date for the submission of a report from the administering Secretaries to Congress regarding the extension and expansion of the project.

A bill entitled the "Military Retiree Health Care Act of 1999".

SECTION 1. SHORT TITLE. This Act may be cited as the ``No One Strike Eviction Act of 2008''. SEC. 2. REFORM OF ``ONE STRIKE'' MANDATORY EVICTION. (a) United States Housing Act of 1937.--Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended-- (1) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F) and realigning such subparagraphs (as so redesignated) so as to be indented 4 ems from the left margin; (2) by striking ``(k) The Secretary shall'' and inserting the following: ``(k) Review of Eviction and Denials of Tenancy.-- ``(1) In general.--Subject to paragraph (3), the Secretary shall''; (3) by striking ``For any grievance concerning'' and inserting the following: ``(2) Expedited procedures.--Subject to paragraph (3), for any grievance concerning''; and (4) by adding at the end the following new paragraph: ``(3) Mitigating circumstances and innocent owner.-- ``(A) Mitigating circumstances.--In determining whether to evict a tenant, terminate a tenancy, or deny an application for tenancy due to a criminal conviction of the person that is the subject of a grievance, and in any judicial review of such determination, the public housing agency or other reviewing body shall consider all mitigating circumstances and the impact of the eviction, termination, or denial upon the family and dependents of that person. ``(B) Innocent tenants.--A tenant shall not be subject to eviction, denied a tenancy, or have a tenancy terminated based solely upon the familial relationship of the tenant to a person who has been convicted of a criminal offense.''. (b) Quality Housing and Work Responsibility Act of 1998.-- (1) Ineligibility.--Section 576 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661) is amended-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``any household with a member'' and inserting ``any person''; and (ii) in paragraph (2)-- (I) by striking ``any household'' and inserting ``any person''; and (II) by striking ``household member'' each place such term appears and inserting ``person''; (B) in subsection (c)-- (i) in the matter preceding paragraph (1)-- (I) by striking ``or any member of the applicant's household''; and (II) by striking ``applicant household'' and inserting ``applicant''; and (ii) in paragraph (2)-- (I) by striking ``or individuals in the applicant's household''; and (II) by striking ``have not'' and inserting ``has not''; (C) by redesignating subsection (d) as subsection (e); and (D) by inserting after subsection (d) the following new subsection: ``(d) Review of Denial of Application.-- ``(1) Review of denial.--The denial of an application under this section shall be subject to review in accordance with the provisions of section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)). ``(2) Innocent applicants.--Nothing in this section shall allow for the denial of an application based solely on the familial relationship of an applicant to a person who has a criminal conviction or is otherwise in violation of this section.''. (2) Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing.-- Section 577 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13662) is amended-- (A) in subsection (a), by striking ``household with a member'' and inserting ``person''; (B) in subsection (b)-- (i) by striking ``household based'' and inserting ``person based''; (ii) by striking ``by a household member'' and inserting ``by that person''; and (iii) by striking ``such household member'' and inserting ``such person''; and (C) by adding at the end the following: ``(c) Review of Termination of Tenancy.--The decision to terminate the tenancy or assistance of any person under this section shall be subject to review in accordance with the provisions of section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)). ``(d) Innocent Tenants.--Nothing in this section shall allow for the termination of a tenancy or assistance to any person based solely on the familial relationship of the tenant to a person who is in violation of this section.''. (c) Requirement of Intent or Knowledge of Crime Before Eviction From or Denial of Public and Publicly Assisted Housing.--The United States Housing Act of 1937 is amended-- (1) in each of sections 6(l)(6) and 8(o)(7)(D) (42 U.S.C. 1437d(l)(6) and 1437f(o)(7)(D)), by inserting after the first semicolon the following: ``except that such criminal or drug- related activity, engaged in by a member of a tenant's household or any guest or other person under the tenant's control, shall not be cause for termination of tenancy of the tenant if the tenant did not know and should not have known of the activity, or if the tenant, member of the tenant's household, or any guest or other person under the tenant's control was the victim of criminal activity; and''; and (2) in section 8(d)(1)(B)(iii) (42 U.S.C. 1437f(d)(1)(B)(iii)), by inserting after the first colon the following: ``such criminal or drug-related activity, engaged in by a member of a tenant's household or any guest or other person under the tenant's control, shall not be cause for termination of tenancy of the tenant if the tenant did not know and should not have known of the activity, or if the tenant, member of the tenant's household, or any guest or other person under the tenant's control was the victim of criminal activity; and except that''.

No One Strike Eviction Act of 2008 - Amends the United States Housing Act of 1937 to revise the requirement that a public housing agency (PHA) establish administrative grievance procedures for one strike evictions of tenants from public and federally assisted housing for violent or drug-related criminal activity on or off such premises, or any activity resulting in a felony conviction. Requires the PHA or other reviewing body, during such procedures, to consider all mitigating circumstances and the impact of such actions upon the family and dependents of that person. Exempts a tenant from eviction or denial or termination of a tenancy based solely upon such individual's familial relationship to a person who has been convicted of a criminal offense. Amends the Quality Housing and Work Responsibility Act of 1998 to modify tenant requirements for PHA programs or federally assisted housing to make only an individual ineligible (currently, the entire household with the individual) if such individual is an illegal drug user or alcohol abuser. Authorizes a PHA or owner to deny criminal offenders admission to such programs or housing, but not other members of the offender's household. Amends the United States Housing Act of 1937 to exempt a tenant in public housing or housing assisted under the voucher program or any other section 8 rental assistance program from eviction for criminal or drug-related activity engaged in by a member of a tenant's household, or any guest or other person under the tenant's control, if: (1) the tenant did not know and should not have known of the activity; or (2) the tenant, a member of the tenant's household, or any guest or other person under the tenant's control was the victim of criminal activity.

To reform the provisions requiring "one-strike" eviction from public and federally assisted housing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Reef Conservation Act of 1999''. SEC. 2. PURPOSES. The purposes of this title are: (1) To preserve, sustain, and restore the health of coral reef ecosystems; (2) To assist in the conservation and protection of coral reefs by supporting conservation programs; (3) To provide financial resources for those programs; and (4) To establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation projects. SEC. 3. DEFINITIONS. In this title: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Coral.--The term ``coral'' means species of the phylum Cnidaria, including-- (A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), Alcyanacea (soft corals), and Coenothecalia (blue coral), of the class Anthozoa; and (B) all species of the order Hydrocorallina (fire corals and hydrocorals), of the class Hydrozoa. (3) Coral reef.--The term ``coral reef'' means those species (including reef plants), habitats, and other natural resources associated with any reefs or shoals composed primarily of corals within all maritime areas and zones subject to the jurisdiction or control of the United States (e.g., Federal, State, territorial, or commonwealth waters), including in the south Atlantic, Caribbean, Gulf of Mexico, and Pacific Ocean. (4) Corals and coral products.--The term ``corals and coral products'' means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species referred to in paragraph (2). (5) Conservation.--The term ``conservation'' means the use of methods and procedures necessary to preserve or sustain corals and species associated with coral reefs as diverse, viable, and self-perpetuating coral reefs, including all activities associated with resource management, such as assessment, conservation, protection, restoration, sustainable use, and management of habitat; habitat monitoring; assistance in the development of management strategies for marine protected areas and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.1801 et seq.); law enforcement; conflict resolution initiatives; and community outreach and education. (6) Organization.--The term ``organization'' means any qualified non-profit organization that promotes coral reef conservation. (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 4. CORAL REEF CONSERVATION PROGRAM. (a) Grants.--The Secretary, through the Administrator and subject to the availability of funds, shall provide grants of financial assistance for projects for the conservation of coral reefs, hereafter called coral conservation projects, for proposals approved by the Administrator in accordance with this section. (b) Matching Requirements.-- (1) Except as provided in paragraph (2), Federal funds for any coral conservation project under this section may not exceed 50 percent of the total cost of such project. For purposes of this paragraph, the non-Federal share of project costs may be provided by in-kind contributions and other noncash support. (2) The Administrator may waive all or part of the matching requirement under paragraph (1) if-- (A) the project costs are $25,000 or less; or (B) the Administrator determines that no reasonable means are available through which applicant can meet the matching requirement and the probable benefit of such project outweighs the public interest in such matching requirement. (c) Eligibility.--Any relevant natural resource management authority of a State or territory of the United States or other government authority with jurisdiction over coral reefs or whose activities directly or indirectly affect coral reefs, or educational or non-governmental institutions with demonstrated expertise in the conservation of coral reefs, may submit to the Administrator a coral conservation proposal submitted under subsection (e) of this section. (d) Geographic and Biological Diversity.--The Administrator shall ensure that funding for grants awarded under subsection (b) of this section during a fiscal year are distributed in the following manner-- (1) no less than 40 percent of funds available shall be awarded for coral conservation projects in the Pacific Ocean; (2) no less than 40 percent of the funds available shall be awarded for coral conservation projects in the Atlantic Ocean, Gulf of Mexico, and the Caribbean Sea; and (3) remaining funds shall be awarded for projects that address emerging priorities or threats, including international priorities or threats, identified by the Administrator in consultation with the Coral Reef Task Force under subsection (i). (e) Project Proposals.--Each proposal for a grant under this section shall include the following: (1) The name of the individual or entity responsible for conducting the project. (2) A succinct statement of the purposes of the project. (3) A description of the qualifications of the individuals who will conduct the project. (4) An estimate of the funds and time required to complete the project. (5) Evidence of support of the project by appropriate representatives of States or territories of the United States or other government jurisdictions in which the project will be conducted. (6) Information regarding the source and amount of matching funding available to the applicant, as appropriate. (7) A description of how the project meets one or more of the criteria in subsection (g) of this section. (8) Any other information the Administrator considers to be necessary for evaluating the eligibility of the project for funding under this title. (f) Project Review and Approval.-- (1) In general.--The Administrator shall review each final coral conservation project proposal to determine if it meets the criteria set forth in subsection (g). (2) Review; approval or disapproval.--Not later than 3 months after receiving a final project proposal under this section, the Administrator shall-- (A) request written comments on the proposal from each State or territorial agency of the United States or other government jurisdiction, including the relevant regional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or any National Marine Sanctuary, with jurisdiction or management authority over coral reefs or coral reef ecosystems in the area where the project is to be conducted, including the extent to which the project is consistent with locally-established priorities; (B) for projects costing more than $25,000, provide for the regional, merit-based peer review of the proposal and require standardized documentation of that peer review; (C) after considering any written comments and recommendations based on the reviews under subparagraphs (A) and (B), approve or disapprove the proposal; and (D) provide written notification of that approval or disapproval to the person who submitted the proposal, and each of those States, territories, and other government jurisdictions. (g) Criteria for Approval.--The Administrator may approve a final project proposal under this section based on the extent that the project will enhance the conservation of coral reefs by-- (1) implementing coral conservation programs which promote sustainable development and ensure effective, long-term conservation of coral reefs.; (2) addressing the conflicts arising from the use of environments near coral reefs or from the use of corals, species associated with coral reefs, and coral products; (3) enhancing compliance with laws that prohibit or regulate the taking of corals, species associated with coral reefs, and coral products or regulate the use and management of coral reef ecosystems; (4) developing sound scientific information on the condition of coral reef ecosystems or the threats to such ecosystems; (5) promoting cooperative projects on coral reef conservation that involve affected local communities, non- governmental organizations, or others in the private sector; or (6) increasing public knowledge and awareness of coral reef ecosystems and issues regarding their long term conservation. (h) Project Reporting.--Each grantee under this section shall provide periodic reports, as specified by the Administrator. Each report shall include all information required by the Secretary for evaluating the progress and success of the project. (i) Coral Reef Task Force.--The Administrator may consult with the Coral Reef Task Force established under Executive Order 13089 (June 11, 1998), to obtain guidance in establishing coral conservation project priorities under this section. (j) Implementation Guidelines.--Within 90 days after the date of enactment of this Act, the Administrator shall promulgate necessary guidelines for implementing this section. In developing those guidelines, the Administrator shall consult with regional and local entities involved in setting priorities for conservation of coral reefs. SEC. 5. CORAL REEF CONSERVATION FUND. (a) Fund.--The Administrator may enter into an agreement with an organization authorizing such organization to receive, hold and administer funds received pursuant to this section. The organization shall invest, reinvest and otherwise administer the funds and maintain such funds and any interest or revenues earned in a separate interest bearing account, hereafter referred to as the Fund, established by such organization solely to support partnerships between the public and private sectors that further the purposes of this title. (b) Authorization To Solicit Donations.--Consistent with 16 U.S.C. 3703, and pursuant to the agreement entered into under subsection (a) of this section, an organization may accept, receive, solicit, hold administer and use any gift or donation to further the purposes of this title. Such funds shall be deposited and maintained in the Fund established by an organization under subsection (a) of this section. (c) Review of Performance.--The Administrator shall conduct a continuing review of the grant program administered by an organization under this section. Each review shall include a written assessment concerning the extent to which that organization has implemented the goals and requirements of this section. (d) Administration.--Under the agreement entered into pursuant to subsection (a) of this section, the Administrator may transfer funds appropriated to carry out this Act to an organization. Amounts received by an organization under this subsection may be used for matching, in whole or in part, contributions (whether in currency, services, or property) made to the organization by private persons and State and local government agencies. SEC. 6. EMERGENCY ASSISTANCE. The Administrator may make grants to any State, local or territorial government agency with jurisdiction over coral reefs for emergencies to address unforeseen or disaster related circumstance pertaining to coral reefs or coral reef ecosystems. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.-- (1) There are authorized to be appropriated to the Secretary $3,800,000 for each of fiscal years 2000, 2001, and 2002 for grants under section 4, which may remain available until expended. (2) There are authorized to be appropriated to the Secretary $200,000 for each of fiscal years 2000, 2001, and 2002 for emergency assistance under section 6. (b) Use of Amounts Appropriated.--Not more than 5 percent of the amounts appropriated under subsection (a) may be used by the Secretary, through the Administrator, for administration of this title. (c) Limitation.--Only amounts appropriated to implement this title are subject to its requirements.

Coral Reef Conservation Act of 1999 - Directs the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to provide grants for the conservation of coral reefs. Limits the Federal share to 50 percent of the total cost of any coral conservation project. Authorizes waivers. Allows any relevant natural resource management authority of a State or U.S. territory or other government authority with jurisdiction over coral reefs or whose activities affect coral reefs, or educational or non-governmental institutions with demonstrated expertise in the conservation of coral reefs, to submit to the Administrator a coral conservation proposal. Requires the Administrator to ensure that funding for grants awarded is distributed in following manner: (1) no less than 40 percent of available funds shall be awarded for coral conservation projects in the Pacific Ocean, Atlantic Ocean, Gulf of Mexico, and the Carribean Sea; and (2) remaining funds shall be awarded for projects that address emerging priorities or threats identified in consultation with the Coral Reef Task Force. Sets forth proposal review guidelines, project approval criteria, and grantee reporting requirements. Authorizes the Administrator to consult with the Task Force to obtain guidance in establishing coral conservation project priorities. Authorizes the Administrator to enter into an agreement authorizing an organization to receive, hold, and administer funds received pursuant to this Act to support partnerships between the public and private sectors that further the purposes of this Act. Authorizes the Administrator to make grants to any State, local, or territorial government agency with jurisdiction over coral reefs for emergencies to address unforseen or disaster related circumstance pertaining to coral reefs or coral reef ecosystems. Authorizes appropriations.

Coral Reef Conservation Act of 1999

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``United States Grain Standards Act Amendments of 1993''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Limitation on administrative and supervisory costs. Sec. 3. Authorization of appropriations. Sec. 4. Inspection and weighing fees; inspection and weighing in Canadian ports. Sec. 5. Inspection and weighing pilot program. Sec. 6. Licensing of inspectors. Sec. 7. Prohibited acts. Sec. 8. Criminal penalties. Sec. 9. Equipment testing and other services. Sec. 10. Violation of subpoena. Sec. 11. Standardizing commercial inspections. Sec. 12. Elimination of gender references. Sec. 13. Repeal of temporary amendment language; technical amendments. Sec. 14. Authority to collect fees; termination of advisory committee. Sec. 15. Effective dates. SEC. 2. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS. Section 7D of the United States Grain Standards Act (7 U.S.C. 79d) is amended-- (1) by striking ``inspection and weighing'' and inserting ``services performed''; and (2) by striking ``1993'' and inserting ``1998''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) Reauthorization.--Section 19 of the United States Grain Standards Act (7 U.S.C. 87h) is amended by striking ``during the period beginning October 1, 1988, and ending September 30, 1993'' and inserting ``1988 through 1998''. (b) Limitation.--Such section is further amended by striking ``and 17A of this Act'' and inserting ``7B, 16, and 17A''. SEC. 4. INSPECTION AND WEIGHING FEES; INSPECTION AND WEIGHING IN CANADIAN PORTS. (a) Inspection Authority.--Section 7 of the United States Grain Standards Act (7 U.S.C. 79) is amended-- (1) in subsection (f)(1)(A)(vi), by striking ``or other agricultural programs operated by'' and inserting ``of''; and (2) in the second sentence of subsection (i), by inserting before the period at the end ``or as otherwise provided by agreement with the Canadian Government''. (b) Weighing Authority.--Section 7A of such Act (7 U.S.C. 79a) is amended-- (1) in the second sentence of subsection (c)(2), by inserting after ``shall be deemed to refer to'' the following: ```official weighing' or''; (2) in the second sentence of subsection (d), by inserting before the period at the end ``or as otherwise provided by agreement with the Canadian Government''; and (3) in the first sentence of subsection (i), by inserting before the period at the end ``or as otherwise provided in section 7(i) and subsection (d)''. SEC. 5. INSPECTION AND WEIGHING PILOT PROGRAM. (a) Inspection Authority.--Section 7(f)(2) of the United States Grain Standards Act (7 U.S.C. 79(f)(2)) is amended by inserting before the period at the end the following: ``, except that the Administrator may conduct pilot programs to allow more than one official agency to carry out inspections within a single geographical area without undermining such objectives''. (b) Weighing Authority.--The second sentence of section 7A(i) of such Act (7 U.S.C. 79a(i)) is amended by inserting before the period at the end the following: ``, except that the Administrator may conduct pilot programs to allow more than one official agency to carry out the weighing provisions within a single geographic area without undermining such objectives''. SEC. 6. LICENSING OF INSPECTORS. Section 8 of the United States Grain Standards Act (7 U.S.C. 84) is amended-- (1) in subsection (a)-- (A) in paragraph (1) of the first sentence, by inserting after ``and is employed'' the following: ``(or is supervised under a contractual arrangement)''; and (B) in the second sentence, by striking ``No person'' and inserting ``Except as otherwise provided in sections 7(i) and 7A(d), no person''; (2) in the first proviso of subsection (b), by striking ``independently under the terms of a contract for the conduct of any functions involved in official inspection'' and inserting ``under the terms of a contract for the conduct of any functions''; and (3) in subsection (d)-- (A) by inserting after ``Persons employed'' the following: ``or supervised under a contractual arrangement''; and (B) by inserting after ``including persons employed'' the following: ``or supervised under a contractual arrangement''. SEC. 7. PROHIBITED ACTS. Section 13(a)(11) of the United States Grain Standards Act (7 U.S.C. 87b(a)) is amended to read as follows: ``(11) violate section 5, 6, 7, 7A, 7B, 8, 11, 12, 16, or 17A;''. SEC. 8. CRIMINAL PENALTIES. Section 14(a) of the United States Grain Standards Act (7 U.S.C. 87c(a)) is amended by striking ``shall be guilty of a misdemeanor and shall, on conviction thereof, be subject to imprisonment for not more than twelve months, or a fine of not more than $10,000, or both such imprisonment and fine; but, for each subsequent offense subject to this subsection, such person''. SEC. 9. EQUIPMENT TESTING AND OTHER SERVICES. Section 16 of the United States Grain Standards Act (7 U.S.C. 87e) is amended-- (1) in subsection (b), by striking the third sentence; and (2) by adding at the end the following new subsections: ``(g) Testing of Certain Weighing Equipment.--(1) Subject to paragraph (2), the Administrator may provide for the testing of weighing equipment used for purposes other than weighing grain. The testing shall be performed-- ``(A) in accordance with such regulations as the Administrator may prescribe; and ``(B) for a reasonable fee established by regulation or contractual agreement and sufficient to cover, as nearly as practicable, the estimated costs of the testing performed. ``(2) Testing performed under paragraph (1) may not conflict with or impede the objectives specified in section 2. ``(h) Testing of Grain Inspection Instruments.--(1) Subject to paragraph (2), the Administrator may provide for the testing of grain inspection instruments used for commercial inspection. The testing shall be performed-- ``(A) in accordance with such regulations as the Administrator may prescribe; and ``(B) for a reasonable fee that is established by regulation or contractual agreement and is sufficient to cover, as nearly as practicable, the estimated costs of the testing performed. ``(2) Testing performed under paragraph (1) may not conflict with or impede the objectives specified in section 2. ``(i) Additional For Fee Services.--(1) In accordance with such regulations as the Administrator may provide, the Administrator may perform such other services as the Administrator considers to be appropriate. ``(2) In addition to the fees authorized by sections 7, 7A, 7B, 17A, and this section, the Administrator shall collect reasonable fees to cover the estimated costs of services performed under paragraph (1) other than standardization, compliance, and foreign monitoring activities. ``(3) To the extent practicable, the fees collected under paragraph (2), together with any proceeds from the sale of any samples, shall cover the costs, including administrative and supervisory costs, of services performed under paragraph (1). ``(j) Deposit of Fees.--Fees collected under subsections (g), (h), and (i) shall be deposited into the fund created under section 7(j). ``(k) Official Courtesies.--The Administrator may extend appropriate courtesies to official representatives of foreign countries in order to establish and maintain relationships to carry out the policy stated in section 2. No gift offered pursuant to this subsection shall exceed 20 dollars in value.''. SEC. 10. VIOLATION OF SUBPOENA. Section 17(e) of the United States Grain Standards Act (7 U.S.C. 87f(e)) is amended by striking ``the penalties set forth in subsection (a) of section 14 of this Act'' and inserting ``imprisonment for not more than 1 year or a fine of not more than $10,000 or both the imprisonment and fine''. SEC. 11. STANDARDIZING COMMERCIAL INSPECTIONS. Section 22(a) of the United States Grain Standards Act (7 U.S.C. 87k(a)) is amended by striking ``and the National Conference on Weights and Measures'' and inserting ``, the National Conference on Weights and Measures, or other appropriate governmental, scientific, or technical organizations''. SEC. 12. ELIMINATION OF GENDER REFERENCES. (a) References to His.--(1) Section 3 of the United States Grain Standards Act (7 U.S.C. 75) is amended-- (A) in subsection (a), by striking ``his delegates'' and inserting ``a delegate of the Secretary''; and (B) in subsection (z), by striking ``his delegates'' and inserting ``a delegate of the Administrator''. (2) Sections 4(a), 7(b), 7(e)(2), 12(b), and 13(a)(2) of such Act (7 U.S.C. 76(a), 79(b), 79(e)(2), 87a(b), and 87b(a)(2)) are each amended by striking ``his'' and inserting ``the Administrator's''. (3) Section 5(a)(1) of such Act (7 U.S.C. 77(a)(1)) is amended by striking ``his agent'' and inserting ``the shipper's agent''. (4) Section 9 of such Act (7 U.S.C. 85) is amended in the first sentence by striking ``his license'' and inserting ``the license''. (5) Sections 13(a)(7), 15, and 17(e) of such Act (7 U.S.C. 87b(a)(7), 87d, and 87f(e)) are each amended by striking ``his'' and inserting ``the person's''. (6) Section 13(a)(8) of such Act (7 U.S.C. 87b(a)(8)) is amended by striking ``his duties'' and inserting ``the duties of the officer, employee, or inspection personnel''. (b) References to Him.--(1) Section 8(a) of such Act (7 U.S.C. 84(a)) is amended in the first sentence by striking ``him'' and inserting ``the Administrator''. (2) Section 9 of such Act (7 U.S.C. 85) is amended by striking ``him'' and inserting ``the licensee''. (c) References to He.--(1) Sections 5(b), 7(a), 7(b), 7(e)(2), 7A(e), 7B(a), 8(c), 8(f), 10(a), 11(a), 11(b)(5), 12(c), and 14(b) of such Act (7 U.S.C. 77(b), 79(a), 79(b), 79(e)(2), 79a(e), 79b(a), 84(c), 84(f), 86(a), 87(a), 87(b)(5), 87a(c), and 87c(b)), are each amended by striking ``he'' each place it appears and inserting ``the Administrator''. (2) Sections 10(b), 13(a)(9), 14(a), and 17A(c) of such Act (7 U.S.C. 86(b), 87b(a)(9), 87c(a), and 87f-1(c)) are each amended by striking ``he'' and inserting ``the person''. (3) Sections 11(B)(1) and 17A(a)(2) of such Act (7 U.S.C. 87(b)(1) and 87f-1(a)(2)) are each amended by striking ``he'' and inserting ``the producer''. SEC. 13. REPEAL OF TEMPORARY AMENDMENT LANGUAGE; TECHNICAL AMENDMENTS. (a) Repeal.--Section 2 of the United States Grain Standards Act Amendments of 1988 (Public Law 100-518; 102 Stat. 2584) is amended, in the matter preceding paragraph (1), by striking ``Effective for the period October 1, 1988, through September 30, 1993, inclusive, the'' and inserting ``The''. (b) Technical Amendments.--(1) Section 21(a) of the United States Grain Standards Act (7 U.S.C. 87j(a)) is amended-- (A) by striking ``(1)'', and (B) by striking paragraph (2). (2) Section 22(c) of such Act (7 U.S.C. 87k(c), is amended by striking ``subsection (a) and (b)'' and inserting ``subsections (a) and (b)''. SEC. 14. AUTHORITY TO COLLECT FEES; TERMINATION OF ADVISORY COMMITTEE. (a) Inspection and Supervisory Fees.--Section 7(j) of the United States Grain Standards Act (7 U.S.C. 79(j)) is amended by adding at the end the following new paragraph: ``(4) The duties imposed by paragraph (2) on designated official agencies and State agencies described in such paragraph and the investment authority provided by paragraph (3) shall expire on September 30, 1998. After that date, the fees established by the Administrator pursuant to paragraph (1) shall not cover administrative and supervisory costs related to the official inspection of grain.''. (b) Weighing and Supervisory Fees.--Section 7A(l) of such Act (7 U.S.C. 79a(l)) is amended by adding at the end the following new paragraph: ``(3) The authority provided to the Administrator by paragraph (1) and the duties imposed by paragraph (2) on agencies and other persons described in such paragraph shall expire on September 30, 1998. After that date, the Administrator shall, under such regulations as the Administrator may prescribe, charge and collect reasonable fees to cover the estimated costs of official weighing and supervision of weighing except when the official weighing or supervision of weighing is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the Service incident to its performance of official weighing and supervision of weighing services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. The fees authorized by this paragraph shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act.''. (c) Termination of Advisory Committee.--Section 21 of such Act (7 U.S.C. 87j) is amended by adding at the end the following new subsection: ``(e) Termination.--The advisory committee shall terminate on September 30, 1998.''. SEC. 15. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Special Effective Date for Certain Provisions.--The amendments made by sections 2, 3, and 13(a) shall take effect as of the earlier of-- (1) September 30, 1993; or (2) the date of the enactment of this Act. Passed the House of Representatives September 28, 1993. Attest: DONNALD K. ANDERSON, Clerk.

United States Grain Standards Act Amendments of 1993 - Amends the United States Grain Standards Act to extend through FY 1998 the limitation on administrative and supervisory costs. (Sec. 3) Extends through FY 1998 the authorization of appropriations for grain inspection services. (Sec. 4) Authorizes inspection and weighing activities in Canadian ports. (Sec. 5) Authorizes a pilot program to permit more than one official agency to carry out inspections within a single geographic area. (Sec. 6) Extends inspector licensing authority to contract-supervised persons. (Current authority is limited to employees.) (Sec. 8) Revises criminal penalty provisions. (Sec. 9) Expands the Administrator of the Federal Grain Inspection Service's authority to test weighing equipment and collect related fees. (Sec. 10) Revises penalty provisions for subpoena violations. (Sec. 12) Eliminates specified gender-based references. (Sec. 14) Terminates as of September 30, 1998: (1) the grain standards advisory committee; and (2) certain grain inspection, weighing, and supervisory fee collection authority.

United States Grain Standards Act Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Exposure Reduction Amendments Act of 2012''. SEC. 2. DEFINITIONS. Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; (B) in the first sentence, by striking ``The term'' and inserting the following: ``(A) In general.--The term''; (C) by striking ``Such term includes--'' and inserting the following: ``(B) Inclusions.--The term `abatement' includes-- ''; and (D) by adding at the end the following: ``(C) Exclusions.--The term `abatement' does not include any renovation, remodeling, or other activity-- ``(i) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and ``(ii) that incidentally results in a reduction or elimination of lead-based paint hazards.''; (2) by redesignating-- (A) paragraphs (4) through (12) as paragraphs (5) through (13); (B) paragraph (13) as paragraph (15); and (C) paragraphs (14) through (17) and paragraphs (18) through (21), respectively; (3) by inserting after paragraph (3) the following: ``(4) Emergency renovation.--The term `emergency renovation' means a renovation or remodeling activity that is carried out in response to an event-- ``(A) that is an act of God, as that term is defined in section 101(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; or ``(B) that if not attended to as soon as is practicable-- ``(i) presents a risk to the public health or safety; or ``(ii) threatens to cause significant damage to equipment or property.''; (4) by striking paragraph (10) (as redesignated by paragraph (2)) and inserting the following: ``(10) Lead-based paint.-- ``(A) In general.--The term `lead-based paint' means paint or other surface coatings that contain lead in excess of-- ``(i) 1.0 milligrams per centimeter squared; or ``(ii) 0.5 percent by weight. ``(B) Target housing.--With respect to paint or other surface coatings on target housing, the term `lead-based paint' means paint or other surface coatings that contain lead in excess of the lower of-- ``(i) the level described in subparagraph (A); or ``(ii) a level established by the Secretary of Housing and Urban Development under section 302(c) of the Lead-Based Paint Poisoning Prevention Act.''; (5) by inserting after paragraph (13) (as redesignated by paragraph (2)) the following: ``(14) Postabatement clearance testing.--The term `postabatement clearance testing' means testing that-- ``(A) is carried out upon the completion of any lead-based paint activity to ensure that-- ``(i) the reduction is complete; and ``(ii) no lead-based paint hazards remain in the area in which the lead-based paint activity occurs; and ``(B) includes a visual assessment and the collection and analysis of environmental samples from an area in which lead-based paint activities occur.''; and (6) by inserting after paragraph (15) (as redesignated by paragraph (2)) the following: ``(16) Renovation.--The term `renovation' has the meaning given such term in section 745.83 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this paragraph. ``(17) Renovation and remodeling regulation.--The term `renovation and remodeling regulation' means a regulation promulgated under section 402(a) and revised pursuant to section 402(c)(3)(A), as such regulation is applied to renovation or remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings.''. SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION. Section 402(c) of the Toxic Substances Control Act (15 U.S.C. 2682(c)) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Study of certification.-- ``(A) In general.--Not later than 1 year prior to proposing any renovation and remodeling regulation after the date of enactment of the Lead Exposure Reduction Amendments Act of 2012, the Administrator shall conduct, submit to the Congress, and make available for public comment (after peer review) the results of, a study of the extent to which persons engaged in various types of renovation and remodeling activities in target housing, public buildings constructed before 1978, or commercial buildings-- ``(i) are exposed to lead in the conduct of such activities; and ``(ii) disturb lead and create a lead-based paint hazard on a regular or occasional basis in the conduct of such activities. ``(B) Scope and coverage.--Each study conducted under subparagraph (A) shall consider the risks described in clauses (i) and (ii) of such subparagraph with respect to each separate building type described in such subparagraph, as the regulation to be proposed would apply to each such building type.''; (2) in paragraph (3)-- (A) in the first sentence by striking ``Within 4 years'' and inserting the following: ``(A) In general.--Not later than 4 years''; and (B) by adding at the end the following: ``(B) Exemption.--An emergency renovation shall be exempt from any renovation and remodeling regulation, and a person carrying out an emergency renovation shall be exempt from any regulation promulgated under section 406(b) with respect to the emergency renovation. ``(C) Prohibition on postabatement clearance requirement.--No renovation and remodeling regulation may require postabatement clearance testing.''; and (3) by adding at the end the following: ``(4) Target housing owners.-- ``(A) In general.--Not later than 60 days after the date of enactment of this paragraph, and subject to subparagraph (B), the Administrator shall promulgate regulations to permit an owner of a residential dwelling that is target housing, who resides in such residential dwelling, to authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation with respect to such residential dwelling. ``(B) Written certification.--The regulations promulgated under subparagraph (A) shall require that an owner of a residential dwelling that is target housing, who resides in such residential dwelling, may only authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation if the owner submits to such contractor a written certification stating that-- ``(i) the renovation or remodeling project is to be carried out at the residential dwelling in which the owner resides; ``(ii) no pregnant woman or child under the age of 6 resides in the residential dwelling as of the date on which the renovation or remodeling project commences, or will reside in the residential dwelling for the duration of such project; and ``(iii) the owner acknowledges that, in carrying out the project, such contractor will be exempt from the requirements of a renovation and remodeling regulation. ``(C) Restriction.--A contractor may not forgo compliance with the requirements of a renovation and remodeling regulation pursuant to a written certification submitted under subparagraph (B) if such contractor has actual knowledge of a pregnant woman or child under the age of 6 residing in the residential dwelling as of the date on which the renovation or remodeling commences (and for the duration of such project). ``(D) Limitation of contractor liability.--The Administrator may not hold a contractor responsible for a misrepresentation made by the owner of a residential dwelling in a written certification submitted under subparagraph (B), unless the contractor has actual knowledge of such a misrepresentation. ``(5) Test kits.-- ``(A) In general.-- ``(i) Recognition.--The Administrator shall recognize for use under this title a qualifying test kit, and publish in the Federal Register notice of such recognition. ``(ii) Suspension of enforcement of certain regulations.--If, not later than 1 year after the date of enactment of this paragraph, the Administrator does not recognize a qualifying test kit under clause (i), the Administrator-- ``(I) shall publish in the Federal Register notice of such failure to recognize a qualifying test kit; and ``(II) except as provided in clause (iii), may not enforce any post-1960 building renovation and remodeling regulation, with respect to a period beginning on the date that is 1 year after the date of enactment of this paragraph and ending on the date that is 6 months after the date on which the Administrator-- ``(aa) recognizes for use under this title a qualifying test kit; and ``(bb) publishes in the Federal Register notice of such recognition and of the date on which enforcement of the post- 1960 building renovation and remodeling regulations will resume. ``(iii) Applicability of suspension.--The Administrator shall not suspend enforcement of any post-1960 building renovation and remodeling regulation for the period described in clause (ii)(II) with respect to a residential dwelling in which a pregnant woman or child under the age of 6 resides. ``(B) Qualifying test kit.--In this subsection, the term `qualifying test kit' means a chemical test that-- ``(i) can determine the presence of lead- based paint, as defined in section 401(10)(A); ``(ii) has a false positive response rate of 10 percent or less; ``(iii) has a false negative response rate of 5 percent or less; ``(iv) does not require the use of off-site laboratory analysis to obtain results; ``(v) is inexpensively and commercially available; and ``(vi) does not require special training to use. ``(C) Post-1960 building renovation and remodeling regulation.--In this subsection, the term `post-1960 building renovation and remodeling regulation' means a renovation and remodeling regulation, as it applies to-- ``(i) target housing constructed after January 1, 1960; ``(ii) public buildings constructed between January 1, 1960 and January 1, 1978; and ``(iii) commercial buildings constructed after January 1, 1960. ``(6) Applicability of certain penalties.--Any renovation and remodeling regulation requiring the submission of documentation to the Administrator shall provide-- ``(A) an exemption from an applicable penalty for failure to comply with such requirement for a person who-- ``(i) is submitting the required documentation for the first time; and ``(ii) submits documentation that contains only de minimus or typographical errors, as determined by the Administrator; and ``(B) a process by which a person described in subparagraph (A) may resubmit the required documentation. ``(7) Accreditation of recertification courses.--The hands- on training requirements required by subsection (a)(2)(D) shall not apply to any recertification course accredited by the Environmental Protection Agency that is otherwise required to be completed under this title by a person that is certified to engage in renovation and remodeling activities.''.

Lead Exposure Reduction Amendments Act of 2012 - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" any renovation, remodeling, or other activity: (1) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards. Requires the Administrator of the Environmental Protection Agency (EPA), no later than one year prior to proposing any renovation and remodeling regulation, to study the extent to which persons engaged in such activities: (1) are exposed to lead, and (2) disturb lead and create a lead-based paint hazard. Exempts from any such regulation an emergency renovation that is carried out in response to an event that is an act of God as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), that presents a risk to the public health or safety, or that threatens to cause significant damage to equipment or property if not attended to immediately. Prohibits such a regulation from requiring post-abatement clearance testing. Requires the Administrator to promulgate regulations to permit an owner of a residential dwelling that is target housing, who resides in such dwelling, to authorize a contractor to forego compliance with such a regulation if the owner submits a certification stating that: (1) the renovation or remodeling project is to be carried out at such dwelling, (2) no pregnant woman or child under the age of six resides or will reside in such housing, and (3) the owner acknowledges that such contractor will be exempt from the requirements of such regulation. Prohibits the Administrator from holding a contractor responsible for a misrepresentation made by the owner of such dwelling unless the contractor has actual knowledge of such a misrepresentation. Requires the Administrator to: (1) recognize a qualifying test kit for use under such Act, and (2) suspend enforcement of any regulation relating to renovation and remodeling of target housing and commercial buildings constructed after January 1, 1960, and public buildings constructed between January 1, 1960, and January 1, 1978, until a specified period after the Administrator recognizes such a test kit.

To amend the Toxic Substances Control Act relating to lead-based paint renovation and remodeling activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Relief and Transparency Act of 2013''. SEC. 2. DELAYED EFFECTIVE DATE FOR PREMIUM RATE INCREASES FOR PROPERTIES SUBJECT TO MAP REVISIONS OR UPDATES. (a) Delay.--Notwithstanding any other provision of law, any change in risk premium rates for flood insurance under the National Flood Insurance Program otherwise resulting from the amendment made by section 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 919) shall not take effect until March 1, 2015. (b) Disclosure.--Not later than October 1, 2014, the Administrator of the Federal Emergency Management Agency shall make publicly available all data affecting any changes in risk premium rates for flood insurance coverage under the National Flood Insurance Program resulting from the amendment made by section 100207 of the Biggert- Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 919). (c) Effective Date.--Subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141). SEC. 3. AFFORDABILITY STUDY FUNDING. Section 100236(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 957) is amended-- (1) by striking ``there'' and inserting ``amounts not otherwise obligated from the National Flood Insurance Fund''; and (2) by striking ``from the National Flood Insurance Fund, of amounts not otherwise obligated, not more than $750,000''. SEC. 4. MONTHLY INSTALLMENT PAYMENTS FOR PREMIUMS. Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by striking subsection (g) and inserting the following new subsection: ``(g) Conditions for Monthly Payments.-- ``(1) Option.--Notwithstanding any other provision of law, with respect to any chargeable risk premiums for flood insurance coverage under this title, the Administrator shall provide policyholders with the option of paying such premiums on an annual or monthly basis. ``(2) Eligibility.--A policyholder of flood insurance coverage under this title shall be eligible to make monthly payments of premiums only if all of the following conditions are met: ``(A) The policyholder does not have the option of escrowing premiums and fees for flood insurance as provided in section 102(d) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(d)). ``(B) The policyholder agrees to permit payment of the monthly premiums using electronic fund transfer or automatic withdrawals from a checking account, savings account, or credit card. ``(C) Upon a covered loss occurring and a claim being presented, the remaining premium owed for that policy term shall be deducted in full from payments made for that loss. ``(D) The policyholder certifies that the policyholder understands the payment terms and consequences for nonpayment due to insufficient funds, as provided under this subsection. ``(3) Monthly payments.--Upon the purchase or renewal of flood insurance coverage and paying the premium on a monthly basis, the policyholder shall pay no less than \1/12\ of the total annual premium as the initial payment at time of application or renewal, and then equal monthly payments for the remaining 11 months of the policy, subject to paragraph (2)(C). ``(4) Additional premiums and administrative expenses.--The Administrator shall charge the policyholder an administrative fee to cover the operating and administrative expenses to administer monthly premium payments, and the Administrator may factor into the premiums to be paid by policyholders an appropriate amount of premium to cover any increased risk that may arise from allowing monthly installment payments. ``(5) Failure to make a payment.--Upon the purchase or renewal of a flood insurance policy, the Administrator shall provide the policyholder with a payment schedule identifying the date the premium will be collected through electronic fund transfer or automatic withdrawals from a checking account, savings account, or credit card. If there are insufficient funds to cover the monthly premium payment due on the date specified in the schedule or the required payment is otherwise not received-- ``(A) coverage under the National Flood Insurance Program will immediately end effective the following day at 12:01 a.m.; and ``(B) the policyholder will no longer be eligible to make premium payments on a monthly basis for an appropriate period, as identified by the Administrator. ``(6) Implementation.--Notwithstanding section 1306 (42 U.S.C. 4013), not later than the expiration of the 1-year period beginning on the date of enactment of this subsection, the Administrator may issue an endorsement to the Residential and General Standard Flood Insurance Policies to permit monthly payments, cancellation of coverage for non-payment, and any other terms necessary to implement this subsection.''.

Flood Insurance Relief and Transparency Act of 2013 - Delays until March 1, 2015, the effective date of specified changes in risk premium rates for flood insurance under the National Flood Insurance Program (NFIP). Directs the Administrator of the Federal Emergency Management Agency (FEMA) to make publicly available all data affecting any changes in such risk premium rates. Amends the Biggert-Waters Flood Insurance Reform Act of 2012 to remove the $750,000 restriction from the maximum amount of funds available to FEMA for the study of participation in and affordability of NFIP for certain flood insurance policyholders. Amends the National Flood Insurance Act of 1968 to require FEMA to provide policyholders with the option of paying chargeable risk premiums for flood insurance coverage on an annual (as under current law) or a monthly basis. Sets forth criteria for policyholder eligibility to exercise the monthly option.

Flood Insurance Relief and Transparency Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Forewarn Act''. SEC. 2. AMENDMENTS TO THE WARN ACT. (a) Definitions.-- (1) Employer, plant closing, and mass layoff.--Paragraphs (1) through (3) of section 2(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101(a) (1)-(3)) are amended to read as follows: ``(1) the term `employer' means any business enterprise that employs 75 or more employees and includes any parent corporation of which such business enterprise is a subsidiary; ``(2) the term `plant closing' means the permanent or temporary shutdown of a single site of employment, or of one or more facilities or operating units within a single site of employment, which results in an employment loss at such site, during any 30-day period, for 25 or more employees; ``(3) the term `mass layoff' means a reduction in force at a single site of employment which results in an employment loss at such site, during any 30-day period, for 25 or more employees;''. (2) Secretary of labor.-- (A) Definition.--Paragraph (8) of section 2(a) of such Act (29 U.S.C. 2101(a)(8)) is amended to read as follows: ``(8) the term `Secretary' means the Secretary of Labor or a representative of the Secretary of Labor.''. (B) Regulations.--Section 8(a) of such Act (29 U.S.C. 2107(a)) is amended by striking ``of Labor''. (3) Conforming amendments.-- (A) Notice.--Section 3(d) of such Act (29 U.S.C. 2102(d)) is amended by striking out ``, each of which is less than the minimum number of employees specified in section 2(a)(2) or (3) but which in the aggregate exceed that minimum number,'' and inserting ``which in the aggregate exceed the minimum number of employees specified in section 2(a) (2) or (3)''. (B) Definitions.--Section 2(b)(1) of such Act (29 U.S.C. 2101(b)(1)) is amended by striking ``(other than a part-time employee)''. (b) Notice.-- (1) Notice period.--Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended by striking ``60-day period'' and inserting ``90-day period'' each place it appears. (2) Recipients.--Section 3(a) of such Act (29 U.S.C. 2102(a)) is amended-- (A) in paragraph (1), by striking ``or, if there is no such representative at that time, to each affected employee; and'' and inserting ``and to each affected employee;''; and (B) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following: ``(2) to the Secretary and the Governor of the State where the plant closing or mass layoff is to occur; and''. (3) Notice excused where caused by terrorist attack.-- Section 3(b)(2) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(b)(2)) is amended by adding at the end the following: ``(C) No notice under this Act shall be required if the plant closing or mass layoff is due directly to a terrorist attack on the United States.''. (4) Content of notice.--Section 3 of such Act (29 U.S.C. 2102) is further amended by adding at the end the following: ``(e) Content of Notices.--An employer who is required to provide notice as required under subsection (a) shall include-- ``(1) in each notice required under such subsection-- ``(A) a statement of the number of affected employees; ``(B) the reason for the plant closing or mass layoff; ``(C) the availability of employment at other establishments owned by the employer; ``(D) a statement of each employee's rights with respect to wages and severance and employee benefits; and ``(E) a statement of the available employment and training services provided by the Department of Labor; and ``(2) in each notice required under such subsection except for the notice provided to individual employees, the names, addresses, and occupations of the affected employees.''. (5) Information regarding benefits and services available to workers and dol notice to congress.--Section 3 of such Act (29 U.S.C. 2102) is further amended by adding at the end the following: ``(f) Information Regarding Benefits and Services Available to Employees.--Concurrent with or immediately after providing the notice required under subsection (a)(1), an employer shall provide affected employees with information regarding the benefits and services available to such employees, as described in the guide compiled by the Secretary under section 13. ``(g) Access of Rapid Response Teams.--An employer who is required to provide notice under subsection (a) shall permit, during work hours, reasonable on-site access to any Federal, State, or local rapid response team under section 134(a)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(A)) responsible for providing reemployment, training services, and related services to affected employees. ``(h) DOL Notice to Congress.--As soon as practicable and not later than 15 days after receiving notice under subsection (a)(2), the Secretary of Labor shall notify the appropriate Senators and Members of the House of Representatives who represent the area or areas where the plant closing or mass layoff is to occur.''. (c) Enforcement.-- (1) Amount.--Section 5(a)(1) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2104(a)(1)) is amended-- (A) in subparagraph (A)-- (i) by striking ``back pay for each day of violation'' and inserting ``two days' pay multiplied by the number of calendar days for which the employer was required but failed to provide notice before such closing or layoff''; and (ii) in clause (ii), by striking ``and'' at the end thereof; (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following: ``(B) interest on the amount described in subparagraph (A) calculated at the prevailing rate; and''; and (D) by striking the matter following subparagraph (C) (as so redesignated). (2) Conforming amendment.--Section 5(a)(3) of such Act (29 U.S.C. 2104(a)(3)) is amended by inserting ``, the Secretary, or the Governor'' after ``unit of local government''. (3) Exemption.--Section 5(a)(4) of such Act (29 U.S.C. 2104(a)(4)) is amended by striking ``reduce the amount of the liability or penalty provided for in this section'' and inserting ``reduce the amount of the liability under paragraph (1) and reduce the amount of the penalty provided for in paragraph (3)''. (4) Administrative complaint.--Section 5(a)(5) of such Act (29 U.S.C. 2104(a)(5)) is amended-- (A) by striking ``may sue'' and inserting ``may,''; (B) by inserting after ``both,'' the following: ``(A) file a complaint with the Secretary alleging a violation of section 3, or (B) bring suit,''; and (C) by adding at the end thereof the following new sentence: ``A person seeking to enforce such liability may use one or both of the enforcement mechanisms described in subparagraphs (A) and (B).''. (5) Action by the secretary.--Section 5 of such Act (29 U.S.C. 2104) is further amended-- (A) by redesignating subsection (b) as subsection (d); and (B) by inserting after subsection (a) the following new subsections: ``(b) Action by the Secretary.-- ``(1) Administrative action.--The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 3 by an employer in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). ``(2) Subpoena powers.--For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209). ``(3) Civil action.--The Secretary may bring an action in any court of competent jurisdiction to recover on behalf of an employee the backpay, interest, benefits, and liquidated damages described in subsection (a). ``(4) Sums recovered.--Any sums recovered by the Secretary on behalf of an employee under subparagraphs (A) and (B) of subsection (a)(1) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee affected. Any such sums not paid to an employee because of inability to do so within a period of 3 years, and any sums recovered by the Secretary under subparagraph (C) of subsection (a)(1), shall be credited as an offsetting collection to the appropriations account of the Secretary for expenses for the administration of this Act and shall remain available to the Secretary until expended. ``(5) Action to compel relief by secretary.--The district courts of the United States shall have jurisdiction, for cause shown, over an action brought by the Secretary to restrain the withholding of payment of back pay, interest, benefits, or other compensation, plus interest, found by the court to be due to employees under this Act. ``(c) Limitation.--An action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.''. (d) Posting of Notices; Penalties.--Section 11 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 note) is amended to read as follows: ``SEC. 11. POSTING OF NOTICES; PENALTIES. ``(a) Posting of Notices.--Each employer shall post and keep posted in conspicuous places upon its premises where notices to employees are customarily posted a notice to be prepared or approved by the Secretary setting forth excerpts from, or summaries of, the pertinent provisions of this Act and information pertinent to the filing of a complaint. ``(b) Penalties.--The Secretary may impose a civil penalty on any person who willfully violates this section of not more than $500 for each separate offense.''. (e) Non-Waiver of Rights and Remedies; Information Regarding Benefits and Services Available to Employees.--Such Act (29 U.S.C. 2101 et seq.) is further amended by adding at the end the following: ``SEC. 12. RIGHTS AND REMEDIES NOT SUBJECT TO WAIVER. ``(a) In General.--The rights and remedies provided under this Act (including the right to maintain a civil action) may not be waived, deferred, or lost pursuant to any agreement or settlement other than an agreement or settlement described in subsection (b). ``(b) Agreement or Settlement.--An agreement or settlement referred to in subsection (a) is an agreement or settlement negotiated by the Secretary, an attorney general of any State, or a private attorney on behalf of affected employees. ``SEC. 13. INFORMATION REGARDING BENEFITS AND SERVICES AVAILABLE TO WORKERS. ``The Secretary of Labor shall maintain a guide of benefits and services which may be available to affected employees, including unemployment compensation, trade adjustment assistance, COBRA benefits, and early access to training services and other services, including counseling services, available under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801). Such guide shall be available on the Internet website of the Department of Labor and shall include a description of the benefits and services, the eligibility requirements, and the means of obtaining such benefits and services. Upon receiving notice from an employer under section 3(a)(2), the Secretary shall immediately transmit such guide to such employer.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. In addition to funds authorized to be appropriated for the general enforcement of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.), there is authorized to be appropriated to the Secretary of Labor such additional sums as may be necessary for the additional enforcement authority authorized by the amendments made by this Act.

Forewarn Act - Amends the Worker Adjustment and Retraining Notification Act to: (1) redefine the terms "employer," "plant closing," and "mass layoff" for purposes of the Act; and, among other things, (2) apply it to employers of 75 or more employees (currently, 100 employees), including any parent company of which the business enterprise is a subsidiary. Requires an employer to: (1) give 90-day (currently, 60-day) written notice to employees and appropriate state and local governments before ordering a plant closing or mass layoff; (2) notify the Secretary of Labor and the governor of the state in which the closing or layoff will occur; and (3) provide affected employees with information regarding benefits and services available to them, including unemployment compensation, trade adjustment assistance, COBRA benefits, onsite access to rapid response teams, and certain other services. Exempts from such notice requirements any plant closings or mass layoffs which are due directly to a terrorist attack. Requires the Secretary to notify the appropriate U.S. Senators and Members of the House of Representatives who represent the area where such closing or mass layoff is to occur. Makes an employer who violates such notice requirements liable to the employee for, among other things, two days pay (currently, back pay for each day of violation) multiplied by the number of calendar days for which the employer was required but failed to provide notice, including interest on such pay. Authorizes an affected employee to file a complaint with the Secretary alleging a violation of the notice requirements. Requires the Secretary to investigate and attempt to resolve such complaints. Authorizes the Secretary to bring an action in court to recover on behalf of an affected employee any backpay (including interest), benefits, and liquidated damages due. Requires an employer to post conspicuously upon its premises pertinent provisions of this Act and information on the filing of a complaint. Requires the Secretary to maintain a guide on the benefits and services available to affected employees. Prohibits the waiver of rights and remedies provided under this Act (including the right to maintain a civil action) by any agreement or settlement negotiated on behalf of affected employees.

A bill to amend the Worker Adjustment and Retraining Notification Act to minimize the adverse effects of employment dislocation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Family Farm Dairy Equity Act of 2001''. SEC. 2. DIRECT PAYMENTS TO DAIRY PRODUCERS BASED ON ANNUAL MILK MARKETINGS. (a) Payments Required.--The Secretary of Agriculture shall make payments under this section to qualified producers on a farm for milk produced in the United States and marketed by the producers for commercial use. (b) Amount of Payment.--Subject to the production limitations in subsection (c), the total amount paid to producers on a farm under this section for a calendar year shall be equal to $0.50 per hundredweight on the smaller of-- (1) the producers' total milk production during that calendar year; and (2) 2,600,000 pounds. (c) Production Agreement.--To be eligible to receive a payment under this section, the producers on a farm shall enter into an agreement with the Secretary to limit total milk marketings from the farm during the calendar year to not more than the sum of-- (1) the base milk production history for the farm, as determined under subsection (d); and (2) the demand adjustment factor for the farm, as determined under subsection (e). (d) Base Production History.-- (1) Determination.--The base milk production history for a farm for a calendar year shall be equal to the average annual quantity of milk produced and marketed from the farm for commercial use, determined using the production and marketing records for the previous two calendar years. After the first year in which payments are made under this section to producers on a farm, the base production history for the farm for each subsequent year shall be adjusted by the percentage change in the demand adjustment factor for the previous year. (2) New producers.--In the case of a farm that does not have a production history for the previous two calendar years, the Secretary shall establish an appropriate production base for the farm based on the size of the dairy operation. (e) Demand Adjustment Factor.--The demand adjustment factor applicable to a farm for a calendar year is the amount equal to the product of-- (1) the base production history in effect for the farm; and (2) the percentage change in the estimated United States consumption of milk and dairy products on a per-capita basis and the percentage change in the population of the United States during the previous calendar year, as determined by the Secretary. (f) Repayment.--If the Secretary determines that annual milk marketings on a farm exceed the quantity permitted for the farm under the agreement entered into under subsection (c), the Secretary shall require the producers on the farm to repay all payments made under this section to the producers for that calendar year. The amount repaid shall include interest calculated at the rate equal, to the extent practicable, to the cost to the Commodity Credit Corporation of borrowings from the United States Treasury for the relevant time period. (g) Relation to Other Payment Authority.--Payments under this section for a calendar year do not count toward the $50,000 per farm limitation in section 3(d)(1). (h) Time for Payments.--Payments required under this section shall be made on a quarterly basis during the calendar year. SEC. 3. ADDITIONAL PAYMENTS TO DAIRY PRODUCERS TO OFFSET LOW MILK PRICES. (a) Definitions.--In this section: (1) Average milk price.--The term ``average milk price'' means the average price under the Federal milk marketing orders of Class III milk (or milk used to produce cheese) and Class IV milk (or milk used to produce butter and nonfat dry milk) for the preceding three-month period. (2) Class i milk.--The term ``Class I milk'' means milk classified as Class I milk under a Federal milk marketing order. (3) Class ii milk.--The term ``Class II milk'' means milk classified as Class II milk under a Federal milk marketing order. (4) Class iii milk.--The term ``Class III milk'' means milk classified as Class III milk under a Federal milk marketing order. (5) Class iv milk.--The term ``Class IV milk'' means milk classified as Class IV milk under a Federal milk marketing order. (6) Federal milk marketing order.--The term ``Federal milk marketing order'' means a milk marketing order issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (8) Target price.--The term ``target price'' means $12.50 per hundredweight for milk containing 3.50 percent butterfat. (b) Payments Required.--The Secretary shall make a payment under this section to producers on a farm for any month in which the average milk price applicable to that month is less than the target price. Producers shall be eligible for payments regardless of whether they market their milk within the Federal milk marketing order system. Payments for producers operating outside the Federal order system shall be calculated to be equivalent to payments for producers operating within the Federal order system. (c) Amount of Payment.--Subject to subsection (d), the amount of the payment to be made to producers on a farm under subsection (b) for a month shall be equal to the following: (1) The difference between the target price and the average Class III milk price multiplied by the percentage of milk used as Class III milk of the total amount of milk marketed by the producer, as determined by the Secretary. (2) The difference between the target price and the average Class IV milk price multiplied by the percentage of milk used as Class IV milk of the total amount of milk marketed by the producer, as determined by the Secretary. (3) The difference between the target price and the average Class I milk price multiplied by the percentage of milk used as Class I milk of the total amount of milk marketed by the producer, as determined by the Secretary. (4) The difference between the target price and the average Class II milk price multiplied by the percentage of milk used as Class II milk of the total amount of milk marketed by the producer, as determined by the Secretary. (d) Limitations.-- (1) Payment limitation.--Maximum payments under this section for a calendar year may not exceed $50,000 per farm. (2) Quantity limitation.--The producers on a farm shall be eligible for payments under this section for a month for not more than the smaller of the following: (A) The producers' average monthly production, determined using the production during the previous calendar year and the current calendar year. (B) 216,666 pounds produced monthly. (C) Some other production base for the farm considered appropriate by the Secretary. (3) New producers.--In the case of producers on a farm who do not have a production base for the previous calendar year, the quantity limitation otherwise applicable under paragraph (2)(A) shall be based on current monthly production only. (e) Time for Payments.--Payments required under this section for a month shall be made not later than the 21st day after the end of the month. SEC. 4. GENERAL PROVISIONS. (a) Farm Reconstitution.--The Secretary shall carry out this Act in such a manner that there are no additional outlays under section 2 or 3 as a result of the reconstitution of a farm that the Secretary determines occurred in whole or in part for the purpose of increasing the amounts received as payments under such section. (b) Administration; Funding Source.--The Secretary shall carry out this Act using the funds, facilities, and authorities of the Commodity Credit Corporation. (c) Period of Effectiveness.--This Act shall be effective only during the period beginning on January 1, 2002, and ending on December 31, 2006. (d) Comptroller General Report.--Not later than three years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report that analyzes the effect of the operation of this Act on farm income, milk production levels, milk prices, and Government and consumer costs.

National Family Farm Dairy Equity Act of 2001 - Directs the Secretary of Agriculture to make direct payments to milk producers: (1) who agree to make specified milk marketing reductions: and (2) whenever the (three-month) average milk price for a given month is less than a specified target price.

To provide supplemental payments to dairy producers based upon their annual milk marketings and to provide additional payments to dairy producers for any month in which the prices received by producers for milk for the preceding three months is less than a target price of $12.50 per hundredweight.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jicarilla Apache Reservation Rural Water System Act''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To ensure a safe and adequate rural, municipal, and water supply and wastewater systems for the residents of the Jicarilla Apache Reservation in the State of New Mexico in accordance with Public Law 106-243. (2) To authorize the Secretary of the Interior, through the Bureau of Reclamation, in consultation and collaboration with the Jicarilla Apache Nation-- (A) to plan, design, and construct the water supply, delivery, and wastewater collection systems on the Jicarilla Apache Reservation in the State of New Mexico; and (B) to include service connections to facilities within the town of Dulce and the surrounding area, and to individuals as part of the construction. (3) To require the Secretary, at the request of the Jicarilla Apache Nation, to enter into a self-determination contract with the Jicarilla Apache Nation under title I of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f et seq.) under which-- (A) the Jicarilla Apache Nation shall plan, design, and construct the water supply, delivery, and wastewater collection systems, including service connections to communities and individuals; and (B) the Bureau of Reclamation shall provide technical assistance and oversight responsibility for said project. (4) To establish a process in which the Jicarilla Apache Nation shall assume title and responsibility for the ownership, operation, maintenance, and replacement of the system. SEC. 3. DEFINITIONS. As used in this Act: (1) Act.--The term ``Act'' means the Jicarilla Apache Reservation Rural Water System Act. (2) BIA.--The term ``BIA'' means the Bureau of Indian Affairs, an agency within the Department of the Interior. (3) Irrigation.--The term ``irrigation'' means the commercial application of water to land for the purpose of establishing or maintaining commercial agriculture in order to produce field crops and vegetables for sale. (4) Reclamation.--The term ``Reclamation'' means the Bureau of Reclamation, an agency within the Department of the Interior. (5) Report.--The term ``Report'' means the report entitled ``Planning Report/Environmental Assessment, Water and Wastewater Improvements, Jicarilla Apache Nation, Dulce, New Mexico'', dated September 2001, which was completed pursuant to Public Law 106-243. (6) Reservation.--The term ``Reservation'' means the Jicarilla Apache Reservation in the State of New Mexico, including all lands and interests in land that are held in trust by the United States for the Tribe. (7) Rural water supply project.--The term ``Rural Water Supply Project'' means a municipal, domestic, rural, and industrial water supply and wastewater facility area and project identified to serve a group of towns, communities, cities, tribal reservations, or dispersed farmsteads with access to clean, safe domestic and industrial water, to include the use of livestock. (8) State.--The term ``State'' means the State of New Mexico. (9) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Bureau of Reclamation. (10) Tribe.--The term ``Tribe'' means the Jicarilla Apache Nation. SEC. 4. JICARILLA APACHE RESERVATION RURAL WATER SYSTEM. (a) Construction.--The Secretary, in consultation and collaboration with the Tribe, shall plan, design, and construct the Rural Water Supply Project to improve the water supply, delivery, and wastewater facilities to the town of Dulce, New Mexico, and surrounding communities for the purpose of providing the benefits of clean, safe, and reliable water supply, delivery, and wastewater facilities. (b) Scope of Project.--The Rural Water Supply Project shall consist of the following: (1) Facilities to provide water supply, delivery, and wastewater services for the community of Dulce, the Mundo Ranch Development, and surrounding areas on the Reservation. (2) Pumping and treatment facilities located on the Reservation. (3) Distribution, collection, and treatment facilities to serve the needs of the Reservation, including, but not limited to, construction, replacement, improvement, and repair of existing water and wastewater systems, including systems owned by individual tribal members and other residents on the Reservation. (4) Appurtenant buildings and access roads. (5) Necessary property and property rights. (6) Such other electrical power transmission and distribution facilities, pipelines, pumping plants, and facilities as the Secretary deems necessary or appropriate to meet the water supply, economic, public health, and environmental needs of the Reservation, including, but not limited to, water storage tanks, water lines, maintenance equipment, and other facilities for the Tribe on the Reservation. (c) Cost Sharing.-- (1) Tribal share.--Subject to paragraph (3) and subsection (d), the tribal share of the cost of the Rural Water Supply Project is comprised of the costs to design and initiate construction of the wastewater treatment plant, to replace the diversion structure on the Navajo River, and to construct raw water settling ponds, a water treatment plant, water storage plants, a water transmission pipeline, and distribution pipelines, and has been satisfied. (2) Federal share.--Subject to paragraph (3) and subsection (d), the Federal share of the cost of the Rural Water Supply Project shall be all remaining costs of the project identified in the Report. (3) Operation and maintenance.--The Federal share of the cost of operation and maintenance of the Rural Water Supply Project shall continue to be available for operation and maintenance in accordance with the Indian Self-Determination Act, as set forth in this Act. (d) Operation, Maintenance, and Replacement After Completion.--Upon determination by the Secretary that the Rural Water Supply Project is substantially complete, the Tribe shall assume responsibility for and liability related to the annual operation, maintenance, and replacement cost of the project in accordance with this Act and the Operation, Maintenance, and Replacement Plan under chapter IV of the Report. SEC. 5. GENERAL AUTHORITY. The Secretary is authorized to enter into contracts, grants, cooperative agreements, and other such agreements and to promulgate such regulations as may be necessary to carry out the purposes and provisions of this Act and the Indian Self-Determination Act (Public Law 93-638; 25 U.S.C. 450 et seq.). SEC. 6. PROJECT REQUIREMENTS. (a) Plans.-- (1) Project plan.--Not later than 60 days after funds are made available for this purpose, the Secretary shall prepare a recommended project plan, which shall include a general map showing the location of the proposed physical facilities, conceptual engineering drawings of structures, and general standards for design for the Rural Water Supply Project. (2) OM&R plan.--The Tribe shall develop an operation, maintenance, and replacement plan, which shall provide the necessary framework to assist the Tribe in establishing rates and fees for customers of the Rural Water Supply Project. (b) Construction Manager.--The Secretary, through Reclamation and in consultation with the Tribe, shall select a project construction manager to work with the Tribe in the planning, design, and construction of the Rural Water Supply Project. (c) Memorandum of Agreement.--The Secretary shall enter into a memorandum of agreement with the Tribe that commits Reclamation and BIA to a transition plan that addresses operations and maintenance of the Rural Water Supply Project while the facilities are under construction and after completion of construction. (d) Oversight.--The Secretary shall have oversight responsibility with the Tribe and its constructing entity and shall incorporate value engineering analysis as appropriate to the Rural Water Supply Project. (e) Technical Assistance.--The Secretary shall provide such technical assistance as may be necessary to the Tribe to plan, develop, and construct the Rural Water Supply Project, including, but not limited to, operation and management training. (f) Service Area.--The service area of the Rural Water Supply Project shall be within the boundaries of the Reservation. (g) Other Law.--The planning, design, construction, operation, and maintenance of the Rural Water Supply Project shall be subject to the provisions of the Indian Self-Determination Act (25 U.S.C. 450 et seq.). (h) Report.--During the year that construction of the Rural Water Supply Project begins and annually until such construction is completed, the Secretary, through Reclamation and in consultation with the Tribe, shall report to Congress on the status of the planning, design, and construction of the Rural Water Supply Project. (i) Title.--Title to the Rural Water Supply Project shall be held in trust for the Tribe by the United States and shall not be transferred or encumbered without a subsequent Act of Congress. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $45,000,000 (January 2002 dollars) plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indexes applicable to the types of construction involved for the planning, design, and construction of the Rural Water Supply Project as generally described in the Report dated September 2001. (b) Conditions.--Funds may not be appropriated for the construction of any project authorized under this Act until after-- (1) an appraisal investigation and a feasibility study have been completed by the Secretary and the Tribe; and (2) the Secretary has determined that the plan required by section 6(a)(2) is completed. (c) NEPA.--The Secretary shall not obligate funds for construction until after the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the Rural Water Supply Project. SEC. 8. PROHIBITION ON USE OF FUNDS FOR IRRIGATION PURPOSES. None of the funds made available to the Secretary for planning or construction of the Rural Water Supply Project may be used to plan or construct facilities used to supply water for the purposes of irrigation. SEC. 9. WATER RIGHTS. The water rights of the Tribe are part of and included in the Jicarilla Apache Tribe Water Rights Settlement Act (Public Law 102- 441). These rights are adjudicated under New Mexico State law as a partial final judgment and decree entered in the Eleventh Judicial District Court of New Mexico. That Act and decree provide for sufficient water rights under ``historic and existing uses'' to supply water for the municipal water system. These water rights are recognized depletions within the San Juan River basin and no new depletions are associated with the Rural Water Supply Project. In consultation with the Fish and Wildlife Service, Reclamation has determined that there shall be no significant impact to endangered species as a result of water depletions associated with this project. No other water rights of the Tribe shall be impacted by the Rural Water Supply Project.

Jicarilla Apache Reservation Rural Water System Act - Directs the Secretary of the Interior, in consultation and collaboration with the Jicarilla Apache Nation (the Tribe), to plan, design, and construct the Rural Water Supply Project to improve water supply, delivery, and wastewater facilities for the town of Dulce, New Mexico, and surrounding communities. Allocates costs between the Federal government and the Tribe.Requires the Tribe to assume annual operation, maintenance, and replacement costs of the project.Requires: (1) the Secretary to prepare a recommended project plan; and (2) the Tribe to develop an operation, maintenance, and replacement plan to assist it in establishing rates and fees for project customers.Requires the Secretary to enter into a memorandum of agreement with the Tribe that commits the Bureaus of Reclamation and of Indian Affairs to a transition plan that addresses project operations and maintenance.Requires the Secretary to oversee project construction and to incorporate value engineering analysis, as appropriate.Requires the Secretary to provide necessary technical assistance to the Tribe for planning, development, and construction of the project, including operation and management training.Authorizes appropriations.Prohibits the use of project funds for irrigation.States that no new depletions of existing Tribal water rights, as set forth in the Jicarilla Apache Tribe Water Rights Settlement Act, are associated with this project.

To authorize the Secretary of the Interior, through the Bureau of Reclamation, to construct the Jicarilla Apache Nation Municipal Water Delivery and Wastewater Collection Systems in the State of New Mexico, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Technical Corrections Act of 1996''. SEC. 2. DEFINITIONS. Section 101 of title 11, United States Code, is amended-- (1) by striking ``In this title--'' and inserting ``In this title:''; (2) in paragraph (51B)-- (A) by inserting ``family farms or'' after ``other than''; and (B) by striking all after ``thereto'' and inserting a semicolon; (3) by reordering the paragraphs so that the terms defined in the section are in alphabetical order and redesignating the paragraphs accordingly; (4) in paragraph (37)(B) (defining insured depository institution), as redesignated by paragraph (3) of this section, by striking ``paragraphs (21B) and (33)(A)'' and inserting ``paragraphs (23) and (35)(A)''; (5) in each paragraph, by inserting a heading, the text of which is comprised of the term defined in the paragraph; (6) by inserting ``The term'' after each paragraph heading; and (7) by striking the semicolon at the end of each paragraph and ``; and'' at the end of paragraphs (35) and (38) and inserting a period. SEC. 3. ADJUSTMENT OF DOLLAR AMOUNTS. Section 104 of title 11, United States Code, is amended by inserting ``522(f)(3),'' after ``522(d),'' each place it appears. SEC. 4. COMPENSATION TO OFFICERS. Section 330(a) of title 11, United States Code, is amended-- (1) in paragraph (1), by inserting ``, or the debtor's attorney'' after ``1103''; and (2) in paragraph (3), by striking ``(3)(A) In'' and inserting ``(3) In''. SEC. 5. EFFECT OF CONVERSION. Section 348(f)(2) of title 11, United States Code, is amended by inserting ``of the estate'' after ``property'' the first place it appears. SEC. 6. EXECUTORY CONTRACTS AND UNEXPIRED LEASES. Section 365 of title 11, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (2), by adding ``or'' at the end; (B) in paragraph (3), by striking ``or'' at the end and inserting a period; and (C) by striking paragraph (4); (2) in subsection (d), by striking paragraphs (5) through (9); and (3) in subsection (f)(1), by striking ``; except that'' and all that follows through the end of the paragraph and inserting a period. SEC. 7. ALLOWANCE OF ADMINISTRATIVE EXPENSES. Section 503(b)(4) of title 11, United States Code, is amended by inserting ``subparagraph (A), (B), (C), (D), or (E) of'' before ``paragraph (3)''. SEC. 8. PRIORITIES. Section 507(a)(7) of title 11, United States Code, is amended by inserting ``unsecured'' after ``allowed''. SEC. 9. EXEMPTIONS. Section 522 of title 11, United States Code, is amended-- (1) in subsection (f)(1)(A)-- (A) in the matter preceding clause (i), by striking ``; or'' at the end; and (B) in clause (ii), by striking the period at the end and inserting ``; or''; and (2) in subsection (g)(2), by striking ``subsection (f)(2)'' and inserting ``subsection (f)(1)(B)''. SEC. 10. EXCEPTIONS TO DISCHARGE. Section 523(a)(3) of title 11, United States Code, is amended by striking ``or (6)'' each place it appears and inserting ``(6), or (15)''; SEC. 11. PROTECTION AGAINST DISCRIMINATORY TREATMENT. Section 525(c) of title 11, United States Code, is amended-- (1) in paragraph (1), by inserting ``student'' before ``grant'' the second place it appears; and (2) in paragraph (2), by striking ``the program operated under part B, D, or E of'' and inserting ``any program operated under''. SEC. 12. PROPERTY OF THE ESTATE. Section 541(b)(4)(B)(ii) of title 11, United States Code (as added by section 208(b) of the Bankruptcy Reform Act of 1994), is amended by inserting ``365 or'' before ``542''. SEC. 13. LIMITATIONS ON AVOIDING POWERS. Subsection (g) of section 546 of title 11, United States Code, as added by section 222(a) of the Bankruptcy Reform Act of 1994 (108 Stat. 4129), is redesignated as subsection (h). SEC. 14. LIABILITY OF TRANSFEREE OF AVOIDED TRANSFER. (a) In General.--Section 550(c) of title 11, United States Code, is amended-- (1) in paragraph (1), by striking ``avoided under section 547(b)'' and inserting ``avoidable under section 547''; and (2) in the matter following paragraph (2), by striking ``recover under subsection (a) from a transferee that is not an insider'' and inserting ``avoid under section 547 such transfer, to the extent that such transfer was made for the benefit of a transferee that was not an insider at the time of such transfer, or recover under subsection (a) from a transferee that was not an insider at the time of such transfer''. (b) Conforming Amendment.--Section 547(b) of title 11, United States Code, is amended by inserting ``or in section 550(c) of this title'' after ``subsection (c) of this section''. SEC. 15. SETOFF. Section 553(b)(1) is amended by striking ``362(b)(14)'' and inserting ``362(b)(17)''. SEC. 16. DISPOSITION OF PROPERTY OF THE ESTATE. Section 726(b) is amended by striking ``1009,''. SEC. 17. GENERAL PROVISIONS. Section 901(a) of title 11, United States Code, is amended by inserting ``1123(d),'' after ``1123(b),''. SEC. 18. PAYMENTS. Section 1226(b)(2) is amended-- (1) by striking ``1202(c) of this title'' and inserting ``586(b) of title 28''; and (2) by striking ``1202(d) of this title'' and inserting ``586(e)(1)(B) of title 28''. SEC. 19. DISCHARGE. Section 1228 of title 11, United States Code, is amended by striking ``1222(b)(10)'' each place it appears and inserting ``1222(b)(9)''. SEC. 20. CONTENTS OF PLAN. Section 1322 of title 11, United States Code, is amended-- (1) in subsection (b), by striking ``(c)'' and inserting ``(d)''; and (2) in subsection (e), by striking the comma after ``default'' the second place it appears. SEC. 21. DISCHARGE. Section 1328(a) of title 11, United States Code, is amended by striking all after ``except any debt--'' and inserting the following: ``(1) provided for under section 1322(b)(5) of this title; ``(2) of the kind specified in paragraph (5), (8), or (9) of section 523(a) of this title; or ``(3) for restitution, or a criminal fine, included in a sentence on the debtor's conviction of a crime.''. SEC. 22. BANKRUPTCY REVIEW COMMISSION. Section 604 of the Bankruptcy Reform Act of 1994 (108 Stat. 4147) is amended-- (1) by striking subsection (g); and (2) by redesignating subsection (h) as subsection (g). SEC. 23. APPOINTMENT OF TRUSTEE. Section 1104(b) of title 11, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; and (2) by adding at the end the following new paragraph: ``(2)(A) If an eligible, disinterested trustee is elected at a meeting of creditors under paragraph (1), the United States trustee shall file a report certifying that election. Upon the filing of a report under the preceding sentence-- ``(i) the trustee elected under paragraph (1) shall be considered to have been selected and appointed for purposes of this section; and ``(ii) the service of any trustee appointed under subsection (d) shall terminate. ``(B) In the case of any dispute arising out of an election under subparagraph (A), the court shall resolve the dispute.''. SEC. 24. EXTENSIONS. Section 302(d)(3) of the Bankruptcy, Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note) is amended-- (1) in subparagraph (A), in the matter following clause (ii), by striking ``October 1, 2002'' and inserting ``October 1, 2012''; and (2) in subparagraph (F)-- (A) in clause (i)-- (i) in subclause (II), by striking ``October 1, 2002'' and inserting ``October 1, 2012''; and (ii) in the matter following subclause (II), by striking ``October 1, 2003'' and inserting ``October 1, 2013''; and (B) in clause (ii), in the matter following subclause (II), by striking ``October 1, 2003'' and inserting ``October 1, 2013''. SEC. 25. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE. Section 156(a) of title 18, United States Code, is amended by striking ``case under this title'' and inserting ``case under title 11''. SEC. 26. BANKRUPTCY CASES AND PROCEEDINGS. Section 1334(d) of title 28, United States Code, is amended-- (1) by striking ``made under this subsection'' and inserting ``made under subsection (c)''; and (2) by striking ``This subsection'' and inserting ``Subsection (c)''. SEC. 27. ENFORCEMENT OF CHILD SUPPORT. Section 362(b)(1) of title 11, United States Code, is amended by inserting before the semicolon the following: ``(including the criminal enforcement of a judicial order requiring the payment of child support)''. SEC. 28. LIMITATION. Section 522 of title 11, United States Code, as amended by section 9, is further amended-- (1) in subsection (b)(2)(A), by inserting ``subject to subsection (n),'' before ``any property''; and (2) by adding at the end the following new subsection: ``(n) As a result of electing under subsection (b)(2)(A) to exempt property under State or local law, a debtor may not exempt an aggregate interest of more than $500,000 in value in-- ``(1) real or personal property that the debtor or a dependent of the debtor uses as a residence; ``(2) a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence; or ``(3) a burial plot for the debtor or a dependent of the debtor.''. SEC. 29. STANDING TRUSTEES. (a) Section 330 of title 11 of the United States Code is amended by adding to the end thereof the following: ``(e) Upon the request of a trustee appointed under section 586(b) of title 28, and after all available administrative remedies have been exhausted, the district court in the district in which the trustee resides shall have the exclusive authority, notwithstanding section 326(b) of this title, to review the determination of the actual, necessary expenses of the standing trustee. In reviewing the determination, the district court shall accord substantial deference to the determination made by the Attorney General, and may reverse the determination only if the Attorney General has abused his or her discretion.''. (b) Section 324 of title 11, United States Code, is amended by adding to the end thereof the following: ``(c)(1) Notwithstanding any provision of section 586 of title 28, in the event the United States Trustee ceases assigning cases to a trustee appointed under section 586(b) of title 28, the trustee, after exhausting all available administrative remedies, may seek judicial review of the decision in the district court in the district in which the trustee resides. The district court shall accord substantial deference to the determination made by the United States Trustee, and may reverse the determination only if the United States Trustee has abused his or her discretion. ``(2) Notwithstanding any other provision of law, the district court may order interim relief under this paragraph only if the court concludes, viewing all facts most favorably to the United States Trustee, that there was no basis for the United States Trustee's decision to cease assigning cases to the trustee. The denial of a request for interim relief shall be final and shall not be subject to further review.''. SEC. 30. EFFECTIVE DATE OF AMENDMENTS. (a) In General.--Except as provided in subsection (b) of this section, the amendments made by this Act shall apply to all cases pending on the date of enactment of this Act or commenced on or after the date of enactment of this Act. (b) Exception.--The amendment made by section 2(2)(B) of this Act shall apply to all cases commenced on or after the date of enactment of this Act. Passed the Senate August 2, 1996. Attest: GARY SISCO, Secretary.

Bankruptcy Technical Corrections Act of 1996 - Makes technical corrections to Federal bankruptcy, criminal, and judiciary law. Redefines single asset real estate to exclude family farms and remove the $4 million ceiling on the amount of noncontingent, liquidated secured debts on such property. (Sec. 3) Requires triennial adjustment of the $5,000 minimum threshold value of certain implements, professional books, tools of the trade, farm animals, and crops with respect to which a debtor in certain States may not avoid the fixing of a nonpossessory, nonpurchase-money security interest lien. (Sec. 4) Allows a bankruptcy court to award reasonable compensation to a debtor's attorney. (Sec. 6) Repeals certain guidelines governing executory contracts and unexpired leases of aircraft terminals and aircraft gates, including the proscription against their assignment by the trustee in bankruptcy. (Sec. 14) Modifies guidelines relating to the liability of transferees of avoided transfers to prohibit the trustee in bankruptcy from avoiding a transfer made between 90 days and one year before the filing of the relief petition, if the transfer at the time was made for the benefit of a non-insider transferee. (Sec. 15) Revises set-off recovery rules to exclude from recovery by a trustee setoffs by swap participants. (Sec. 22) Repeals a provision for temporary continuation on the Bankruptcy Review Commission of certain members who have been or become employees or officers of a government. (Sec. 23) Requires the U.S. trustee to file a report certifying the election of an eligible, disinterested trustee at a meeting of creditors. Declares that upon such filing: (1) the trustee elected shall be considered to have been selected and appointed; and (2) the service shall terminate of any trustee previously appointed to fill the term of specified ineligible or incapacitated trustees. (Sec. 24) Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to extend until October 1, 2012, and October 1, 2013, respectively, the period during which specified portions of such Act regarding U.S. Trustees in bankruptcy and fees payable to them shall not apply to the judicial districts of Alabama and North Carolina (nor to cases pending in them). (Sec. 27) Amends Federal bankruptcy law to provide that the filing of certain bankruptcy petitions (including certain petitions under the Securities Investor Protection Act of 1970) does not operate as an automatic stay of a criminal enforcement of a judicial order requiring the payment of child support. (Sec. 28) Allows a debtor to exempt from his or her estate under State or local law an aggregate interest of no more than $500,000 in: (1) real or personal property used as a residence by either the debtor or a dependent; (2) a cooperative that owns property used as a residence by the debtor or a dependent; or (3) a burial plot for the debtor or a dependent. (Sec. 29) Confers exclusive authority upon the district court in the district in which a standing trustee in bankruptcy resides to review the Attorney General's determination of the trustee's actual, necessary expenses. Requires such court to accord substantial deference to such determination. Authorizes the court to reverse it only for abuse of discretion by the Attorney General. Provides that if the U.S. Trustee ceases assigning cases to a trustee, such trustee may seek judicial review of the decision in the district court in the district in which the trustee resides after exhausting all administrative remedies. Requires such court to accord substantial deference to the U.S. Trustee's determination. Authorizes the court to reverse it only for abuse of discretion by such Trustee. Authorizes the district court to order interim relief only if the court concludes, viewing all facts most favorably to the U.S. Trustee, that there was no basis for the Trustee's decision to cease assigning cases to the complainant trustee. Declares the denial of a request for interim relief is final and not subject to further review.

Bankruptcy Technical Corrections Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Devil's Staircase Wilderness Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Devil's Staircase Wilderness Proposal'' and dated June 15, 2010. (2) Secretary.--The term ``Secretary'' means-- (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (3) State.--The term ``State'' means the State of Oregon. (4) Wilderness.--The term ``Wilderness'' means the Devil's Staircase Wilderness designated by section 3(a). SEC. 3. DEVIL'S STAIRCASE WILDERNESS, OREGON. (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 30,540 acres of Forest Service land and Bureau of Land Management land in the State, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ``Devil's Staircase Wilderness''. (b) Map; Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness. (2) Force of law.--The map and legal description prepared under paragraph (1) 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 legal description. (3) Availability.--The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and 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 in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the Wilderness. (d) Fish and Wildlife.--Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent Management.-- (1) In general.--Nothing in this section creates any protective perimeter or buffer zone around the Wilderness. (2) Activities outside wilderness.--The fact that a nonwilderness activity or use on land outside the Wilderness can be seen or heard within the Wilderness shall not preclude the activity or use outside the boundary of the Wilderness. (f) Protection of Tribal Rights.--Nothing in this section diminishes any treaty rights of an Indian tribe. (g) Transfer of Administrative Jurisdiction.-- (1) In general.--Administrative jurisdiction over the approximately 49 acres of Bureau of Land Management land north of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is transferred from the Bureau of Land Management to the Forest Service. (2) Administration.--The Secretary shall administer the land transferred by paragraph (1) in accordance with-- (A) the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (16 U.S.C. 480 et seq.); and (B) any laws (including regulations) applicable to the National Forest System. SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN CREEK, OREGON. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(208) Franklin creek, oregon.--The 4.5-mile segment from its headwaters to the line of angle points within sec. 8, T. 22 S., R. 10 W., shown on the survey recorded in the Official Records of Douglas County, Oregon, as M64-62, to be administered by the Secretary of Agriculture as a wild river. ``(209) Wasson creek, oregon.--The 10.1-mile segment in the following classes: ``(A) The 4.2-mile segment from the eastern boundary of sec. 17, T. 21 S., R. 9 W., downstream to the western boundary of sec. 12, T. 21 S., R. 10 W., to be administered by the Secretary of the Interior as a wild river. ``(B) The 5.9-mile segment from the western boundary of sec. 12, T. 21 S., R. 10 W., downstream to the eastern boundary of the northwest quarter of sec. 22, T. 21 S., R. 10 W., to be administered by the Secretary of Agriculture as a wild river.''.

Devil's Staircase Wilderness Act of 2011 - Designates certain federal land in Oregon administered by the Forest Service and the Bureau of Land Management (BLM) as the Devil's Staircase Wilderness and as wilderness and as a component of the National Wilderness Preservation System. Specifies this Act's effect on: (1) Oregon's jurisdiction and responsibilities with respect to fish and wildlife, (2) protective perimeters and buffer zones around the Wilderness, (3) activities and uses outside of the boundary of the Wilderness, and (4) treaty rights of Indian tribes. Transfers the administrative jurisdiction over BLM land north of the Umpqua River to the Forest Service. Amends the Wild and Scenic Rivers Act to designate Franklin and Wasson Creeks in Oregon as wild rivers and as components of the Wild and Scenic Rivers System.

A bill to provide for the designation of the Devil's Staircase Wilderness Area in the State of Oregon, to designate segments of Wasson and Franklin Creeks in the State of Oregon as wild rivers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Samoa Protection of Industry, Resources, and Employment Act'' or ``ASPIRE Act''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--Congress finds the following: (1) The tuna processing and manufacturing industry is by far the largest private-sector base of employment in American Samoa and serves as the critical foundation for the overall economy of American Samoa. The unique local economy created by the operation of tuna canneries is largely irreplaceable as an employment base. The canneries currently provide 80 percent of private sector employment in American Samoa, and generate more than $80,000,000 (30 percent) of the territory's income from labor according to a recent Department of Labor report. Most other private sector jobs in American Samoa provide goods or services to the tuna processors. Moreover, the economic growth of many other private sector employers in the consumer retail and service sectors is tied either directly or indirectly to the tuna industry. (2) Over the past 30 years, direct employment growth in the fish processing industry has accounted for more than one-third of total job growth in American Samoa. Moreover, a recent study reflects that every job added to or subtracted from the economy by a change in employment in the tuna processing industry adds or subtracts another 0.47 jobs from other sectors of American Samoa's economy, the so-called ``multiplier effect''. (3) An important component of the tuna processing industry's multiplier effect is derived from direct delivery of tuna by fishing vessels to American Samoa for processing, which results in revenue for the territory from visitor expenditures on vessel refueling, repair, and other shipyard services, stevedores, fishing net repairs, lodging, dining, and a host of other services. Unfortunately, while having provided limited economic benefit through indirect deliveries which ensured a constant supply of fish to the canneries, the large majority of the eligible fleet which fishes under the auspices of a United States flag and United States license no longer provides direct delivery or economic benefit to American Samoa, where many of them are home-ported, choosing rather to deliver their catch to massive carrier ships for purposes of transshipping their fish to be cleaned in low-wage labor rate countries. (4) Due to low-wage labor rates of 0.60 cents and less per hour for tuna cannery workers in competing countries, increased transportation and energy costs, decreased volumes of direct- delivered fish to American Samoa, recent Federal minimum wage policy changes that have resulted in mandatory annual wage increases, heavy foreign competition for United States market share in the tuna industry, and a number of other issues, one of American Samoa's tuna canneries has announced that it will shut down by September 2009. This closure will result in job loss for nearly 40 percent of the territory's private sector employees, as well as increased energy, shipping, and food costs for the remaining businesses and public entities because the canneries help subsidize the costs of these industries. (5) Closure of the remaining tuna processing plant would result in job loss for another 40 percent of private sector employees, and a recent study of the territory's economy concluded that closure of the remaining tuna processing plant would result in total job loss of 44 percent of all employment in the territory, leaving the American Samoan Government, which receives significant operational and capital grants from the Federal Government, as the territory's only significant employer. (6) Due to present dependence on the canneries and Federal aid, if both canneries leave American Samoa, only direct Federal assistance will remain to bridge the gap left by the loss of approximately $80,000,000 in private sector income from the tuna canneries. (7) The Department of the Interior has previously reported to Congress that in the absence of the revenue derived from the canneries, American Samoa, with its population of nearly 70,000, will be ``almost wholly dependent'' on direct assistance from the Federal Government, warning that the American Samoan economy will be ``devastated''; (8) Having served, starting at the turn of the last century, as an important refueling station for American ships in the South Pacific, American Samoa has long held a position of strategic and historic importance to the United States, and over the years, American Samoans have sacrificed to help keep our country free, with many serving in the United States military. (9) In March 2006, it was reported to Congress that the sacrifice of American Samoa in the Iraq war was disproportionate to the territory's small size, as residents of the territory were 15 times more likely to be killed in action in Iraq than residents of the United States as a whole. (b) Policy.--The Federal Government should provide employment stabilization and economic development assistance to the people of American Samoa, including incentives for the continued operation and development of American Samoa's tuna processing industry, as the territory now faces severe economic conditions. SEC. 3. EXPANSION OF GENERAL TECHNICAL ASSISTANCE TO AMERICAN SAMOA. Section 601 of the Act of December 24, 1980 (48 U.S.C. 1469d(d)) is amended by inserting at the end the following: ``(e) Employment Security and Economic Development Assistance for American Samoa.-- ``(1) Technical assistance grants.-- ``(A) The Secretary of the Interior is further authorized to provide technical assistance to the territory of American Samoa in the form of grants to sellers and buyers of whole tuna directly delivered to tuna processors located within American Samoa for processing in American Samoa, in the following amounts: ``(i) For each processor of whole tuna directly delivered to American Samoa for processing, as `processing' is defined in paragraph (6)(B): $200 per metric ton, provided that this amount shall be adjusted each May 25 by a ratio equal to the ratio of any increase in the federal minimum wage for American Samoa as compared to the Federal minimum wage in American Samoa the prior year. ``(ii) For each fishing vessel with a United States fishery endorsement (issued pursuant to section 12113 of title 46, United States Code) and which is otherwise authorized to fish for tuna in areas under the authority of the Western Pacific Regional Fishery Management Council or areas covered by the United States South Pacific Tuna Treaty, or which has an American Samoa Longline Limited Access Permit (issued pursuant to the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region established under the authority of section 1801 et seq. of title 18, United States Code): $200 per metric ton. ``(iii) For each fishing vessel that does not meet the requirements of clause (ii) but is United States-documented pursuant to section 12103 of title 46, United States Code, and is otherwise authorized to fish for tuna in areas under the authority of the Western Pacific Regional Fishery Management Council or areas covered by the United States South Pacific Tuna Treaty: $100 per metric ton. ``(B) A recipient of a grant under this subsection may be eligible either as a seller of direct-delivered whole tuna or as a processor buying direct-delivered whole tuna, but not both. ``(C) Grants provided under this subsection shall not be considered as gross income of the recipient for purposes of the Internal Revenue Code of 1986. ``(D) Grant amounts provided under this subsection shall not be subject to reduction by the Secretary for any operation or maintenance set aside. ``(2) Collection of annual and transfer fees for the benefit of economic development in american samoa.-- ``(A) All vessels meeting the requirements of clauses (ii) and (iii) of paragraph (1)(A) shall be subject to a $250,000 annual fee due and payable to the United States Treasury on January 31 each year for the immediately prior calendar year. This annual fee shall be waived for any calendar year for which the vessel certifies to the Secretary that the vessel has made not less than three direct deliveries in that calendar year of whole tuna to processors on American Samoa for processing in American Samoa. ``(B) Any vessel that is-- ``(i) United States-documented pursuant to section 12103 of title 46, United States Code; ``(ii) authorized to fish for tuna under the United States South Pacific Tuna Treaty; and ``(iii) delivers tuna to another vessel or other location for the purposes of transshipment, shall be subject to a fee of 6.25 percent per metric ton per each such delivery, regardless of the date payment is received for the delivery. This fee shall be payable to the United States Treasury and shall be due no later than 30 days after the date of delivery. ``(3) Creation of the american samoa economic development trust fund.-- ``(A) There is created within the Treasury of the United States a trust fund to be known as the `American Samoa Economic Development Trust Fund' (in this subsection referred to as the `Trust Fund'), consisting of such amounts as may be credited or appropriated to the Trust Fund under this subsection or any other provision of law. ``(B) There is hereby appropriated to the Trust Fund amounts equivalent to the amounts received in the Treasury pursuant to subparagraphs (A) and (B) of paragraph (2). ``(C) The Trust Fund shall be administered by the Office of Insular Affairs of the Department of Interior. The Office of Insular Affairs shall pay monies from the Trust Fund to carry out the purposes of paragraph (1)(A) of this subsection. The Office of Insular Affairs may use any excess amounts to provide financial assistance to the territory of American Samoa in accordance with any of the Office's existing or future programs. ``(4) Rulemaking.--Not later than 180 days after the date of the enactment of this Act but prior to May 1, 2010, whichever comes first, the Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out the provisions of this subsection. Such regulations shall provide that the Technical Assistance Division of the Office of Insular Affairs shall be responsible for administering the provisions of this subsection and may not delegate its duties with regard to this subsection to any person or entity outside the Department of the Interior. ``(5) Authorizations and appropriations.-- ``(A) There is hereby authorized and appropriated to the Secretary of the Interior $25,000,000 for fiscal year 2010 to carry out the purposes of paragraph (1)(A). Further, there is hereby authorized such annual sums as may be necessary to carry out the purposes of paragraph (1)(A) in fiscal years after 2010. Sums appropriated pursuant to this subparagraph (A) shall remain available until expended, and shall not be available for administration of this subsection by the Department of the Interior. ``(B) There is authorized to be appropriated to the Secretary $300,000 for the Salaries and Expenses account of the Office of Insular Affairs to carry out the duties of the Office of Insular Affairs under this subsection, which amount shall remain available until expended and shall be in addition to any other amount appropriated to the Secretary for the Office of Insular Affairs. ``(6) Definitions.--As used in the subsection- ``(A) Direct delivery.--The term `direct delivery' means whole tuna caught by and moved from a fishing vessel that meets the criteria in clause (ii) or (iii) of paragraph (1)(A) directly to a processing facility located in American Samoa, for preparation for end-user consumption in the United States and its territories, which shall include placing the product in consumer- ready packaging. `Direct delivery' excludes the delivery of frozen tuna loins. ``(B) Transshipment.--The term `transshipment' means unloading any or all of the fish on board a fishing vessel onto another vessel or entity for the purpose of transporting that fish to another location for processing.''.

American Samoa Protection of Industry, Resources, and Employment Act or ASPIRE Act - States that the federal government should provide American Samoa with employment stabilization and economic development assistance, including incentives for the operation and development of its tuna processing industry. Authorizes the Secretary of the Interior to provide technical assistance to American Samoa through grants in specified per metric ton amounts to sellers and buyers of whole tuna directly delivered to tuna processors located within American Samoa for processing in American Samoa. States that a grantee may be eligible either as a seller of direct-delivered whole tuna or as a processor buying direct-delivered whole tuna. Exempts such grants from inclusion as gross income under the Internal Revenue Code. Establishes: (1) an annual fee for vessels that make less than three direct deliveries of whole tuna to processors on American Samoa for processing in American Samoa; and (2) a per ton fee for each delivery by a U.S.-documented vessel that delivers tuna to another vessel or other location for transshipment. Establishes within the Treasury the American Samoa Economic Development Trust Fund.

To provide for a subsidy to sellers and buyers of fish directly delivered to American Samoa from vessels with United States fisheries endorsements that manufacture for the United States.

SECTION 1. PERMANENT INCREASE IN DEPOSIT INSURANCE. (a) Amendments to Federal Deposit Insurance Act.--Effective upon the date of the enactment of this Act, section 11(a) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) is amended-- (1) in paragraph (1)(E), by striking ``$100,000'' and inserting ``$250,000''; (2) in paragraph (1)(F)(i), by striking ``2010'' and inserting ``2015''; (3) in subclause (I) of paragraph (1)(F)(i), by striking ``$100,000'' and inserting ``$250,000''; (4) in subclause (II) of paragraph (1)(F)(i), by striking ``the calendar year preceding the date this subparagraph takes effect under the Federal Deposit Insurance Reform Act of 2005'' and inserting ``calendar year 2008''; and (5) in paragraph (3)(A), by striking ``, except that $250,000 shall be substituted for $100,000 wherever such term appears in such paragraph''. (b) Amendment to Federal Credit Union Act.--Section 207(k) of the Federal Credit Union Act (12 U.S.C. 1787(k)) is amended-- (1) in paragraph (3)-- (A) by striking the opening quotation mark before ``$250,000''; (B) by striking ``, except that $250,000 shall be substituted for $100,000 wherever such term appears in such section''; and (C) by striking the closing quotation mark after the closing parenthesis; and (2) in paragraph (5), by striking ``$100,000'' and inserting ``$250,000''. (c) Rule of Construction.--No provision of law, other than a provision of the Federal Deposit Insurance Act (with respect to the Federal Deposit Insurance Corporation and insured depository institutions) or the Federal Credit Union Act (with respect to the National Credit Union Administration and insured credit unions), may be construed as limiting the authority of-- (1) the Board of Directors of the Federal Deposit Insurance Corporation to set assessments under section 7(b)(2) of the Federal Deposit Insurance Act or to make any inflation adjustment under section 11(a)(1)(F) of such Act; or (2) the National Credit Union Administration Board to periodically adjust the amount of an insured credit union's deposit under section 202(c)(1) of the Federal Credit Union Act, set the insurance premium charge under section 202(c)(2) of such Act, or to make any inflation adjustment pursuant to section 207(k)(5) of such Act. SEC. 2. EXTENSION OF RESTORATION PLAN PERIOD. Section 7(b)(3)(E)(ii) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(3)(E)(ii)) is amended by striking ``5-year period'' and inserting ``8-year period''. SEC. 3. FDIC AND NCUA BORROWING AUTHORITY. (a) FDIC.--Section 14(a) of the Federal Deposit Insurance Act (12 U.S.C. 1824(a)) is amended by striking ``$30,000,000,000'' and inserting ``$100,000,000,000''. (b) NCUA.--Section 203(d)(1) of the Federal Credit Union Act (12 U.S.C. 1783(d)(1)) is amended by striking ``$100,000,000'' and inserting ``$6,000,000,000''. SEC. 4. EXPANDING SYSTEMIC RISK SPECIAL ASSESSMENTS. Section 13(c)(4)(G)(ii) of the Federal Deposit Insurance Act (12 U.S.C. 1823(c)(4)(G)(ii)) is amended to read as follows: ``(ii) Repayment of loss.-- ``(I) In general.--The Corporation shall recover the loss to the Deposit Insurance Fund arising from any action taken or assistance provided with respect to an insured depository institution under clause (i) from 1 or more special assessments on insured depository institutions, depository institution holding companies (with the concurrence of the Secretary of the Treasury with respect to holding companies), or both, as the Corporation determines to be appropriate. ``(II) Treatment of depository institution holding companies.--For purposes of this clause, sections 7(c)(2) and 18(h) shall apply to depository institution holding companies as if they were insured depository institutions. ``(III) Regulations.--The Corporation shall prescribe such regulations as it deems necessary to implement this clause. In prescribing such regulations, defining terms, and setting the appropriate assessment rate or rates, the Corporation shall establish rates sufficient to cover the losses incurred as a result of the actions of the Corporation under clause (i) and shall consider: the types of entities that benefit from any action taken or assistance provided under this subparagraph; economic conditions, the effects on the industry, and such other factors as the Corporation deems appropriate and relevant to the action taken or the assistance provided. Any funds so collected that exceed actual losses shall be placed in the Deposit Insurance Fund.''. SEC. 5. ESTABLISHMENT OF A NATIONAL CREDIT UNION SHARE INSURANCE FUND RESTORATION PLAN PERIOD. Section 202(c)(2) of the Federal Credit Union Act (12 U.S.C. 1782(c)(2)) is amended by adding at the end the following new subparagraph: ``(D) Fund restoration plans.-- ``(i) In general.--Whenever-- ``(I) the Board projects that the equity ratio of the Fund will, within 6 months of such determination, fall below the minimum amount specified in subparagraph (C) for the designated equity ratio; or ``(II) the equity ratio of the Fund actually falls below the minimum amount specified in subparagraph (C) for the equity ratio without any determination under sub-clause (I) having been made, the Board shall establish and implement a Share Insurance Fund restoration plan within 90 days that meets the requirements of clause (ii) and such other conditions as the Board determines to be appropriate. ``(ii) Requirements of restoration plan.--A Share Insurance Fund restoration plan meets the requirements of this clause if the plan provides that the equity ratio of the Fund will meet or exceed the minimum amount specified in subparagraph (C) for the designated equity ratio before the end of the 5-year period beginning upon the implementation of the plan (or such longer period as the Board may determine to be necessary due to extraordinary circumstances). ``(iii) Transparency.--Not more than 30 days after the Board establishes and implements a restoration plan under clause (i), the Board shall publish in the Federal Register a detailed analysis of the factors considered and the basis for the actions taken with regard to the plan.''.

Amends the Federal Deposit Insurance Act (FDIA) and the Federal Credit Union Act (FCUA) to redefine the standard maximum deposit insurance amount and the standard maximum share insurance amount as being $250,000, respectively (thus making such increase permanent). Amends the FDIA to: (1) extend from five years to eight years the period during which the restoration plan for the Deposit Insurance Fund (DIF) must rebuild its statutory reserve ratio; (2) increase to $100 billion the borrowing authority of the Federal Deposit Insurance Corporation (FDIC); and (3) authorize the FDIC to impose special assessments upon depository institution holding companies to recover losses to the DIF. Amends the FCUA to: (1) increase to $6 billion the borrowing authority of the National Credit Union Administration (NCUA); and (2) require the NCUA Board to establish a Share Insurance Fund (SIF) restoration plan whenever the Board projects that the SIF equity ratio will fall below, or the SIF equity ratio actually does fall below, the required minimum amount. Sets forth restoration plan requirements.

To make permanent the temporary increase in deposit insurance coverage, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Language of Government Act of 1993''. SEC. 2. FINDINGS AND CONSTRUCTION. (a) Findings.--The Congress finds and declares that-- (1) the United States is comprised of individuals and groups from diverse ethnic, cultural, and linguistic backgrounds; (2) the United States has benefited and continues to benefit from this rich diversity; (3) throughout the history of the Nation, the common thread binding those of differing backgrounds has been a common language; (4) to preserve unity in diversity, and to prevent division along linguistic lines, the United States should maintain a language common to all people; (5) English has historically been the common language and the language of opportunity in the United States; (6) the use of a single common language in the conduct of the Government's official business will promote efficiency and fairness to all people; and (7) English should be recognized in law as the language of official business of the Government. (b) Construction.--The amendments made by section 3-- (1) are not intended in any way to discriminate against or restrict the rights of any individual in the United States; (2) are not intended to discourage or prevent the use of languages other than English in any nonofficial capacity; and (3) except where an existing law of the United States directly contravenes the amendments made by section 3 (such as by requiring the use of a language other than English for official business of the Government of the United States), are not intended to repeal existing laws of the United States. SEC. 3. ENGLISH AS THE OFFICIAL LANGUAGE OF GOVERNMENT. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language of Government. ``162. Preserving and enhancing the role of the official language. ``163. Official Government activities in English. ``164. Standing. ``165. Definitions. ``Sec. 161. Declaration of official language of Government ``The official language of the Government of the United States is English. ``Sec. 162. Preserving and enhancing the role of the official language ``The Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the United States Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. ``Sec. 163. Official Government activities in English ``(a) The Government shall conduct its official business in English. ``(b) No person shall be denied services, assistance, or facilities, directly or indirectly provided by the Government solely because the person communicates in English. ``(c) Every person in the United States is entitled to-- ``(1) communicate with the Government in English; ``(2) receive information from or contribute information to the Government in English; and ``(3) be informed of or be subject to official orders in English. ``Sec. 164. Standing ``Any person alleging injury arising from a violation of this chapter shall have standing to sue in the courts of the United States under sections 2201 and 2202 of title 28, United States Code, and for such other relief as may be considered appropriate by the courts. ``Sec. 165. Definitions ``For purposes of this chapter: ``(1) The term `Government' means all branches of the Government of the United States and all employees and officials of the Government of the United States while performing official business. ``(2) The term `official business' means those governmental actions, documents, or policies which are enforceable with the full weight and authority of the Government, but does not include-- ``(A) actions or documents that are primarily informational or educational; ``(B) actions, documents, or policies that are not enforceable in the United States; ``(C) actions, documents, or policies necessary for international relations, trade, or commerce; ``(D) actions or documents that protect the public health or safety; ``(E) actions that protect the rights of victims of crimes or criminal defendants; and ``(F) documents that utilize terms of art or phrases from languages other than English.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. SEC. 4. PREEMPTION. This Act (and the amendments made by this Act) shall not preempt any law of any State. SEC. 5. EFFECTIVE DATE. The amendments made by section 3 shall take effect upon the date of enactment of this Act, except that no suit may be commenced to enforce or determine rights under the amendments until January 1, 1994.

Language of Government Act of 1993 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because they communicate in English.

Language of Government Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``NICS Reporting Improvement Act''. SEC. 2. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK. Section 102(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended to read as follows: ``(b) Implementation Plan.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Attorney General, in coordination with the States, shall establish for each State or Indian tribal government, a plan to ensure maximum coordination and automation of the reporting of records or making of records available to the National Instant Criminal Background Check System, during a 4-year period specified in the plan. ``(2) Benchmark requirements.--Each plan required under paragraph (1) shall include annual benchmarks, including qualitative goals and quantitative measures, to enable the Attorney General to assess implementation of the plan. ``(3) Penalties for non-compliance.-- ``(A) In general.--During the 4-year period covered by the plan required under paragraph (1), the Attorney General shall withhold-- ``(i) 10 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does not meet the benchmark established pursuant to paragraph (2) for the first year in the 4-year period; ``(ii) 11 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does not meet the benchmark established pursuant to paragraph (2) for the second year in the 4-year period; ``(iii) 13 percent of the amount that would otherwise be allocated to a State under section 505 of title I the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does not meet the benchmark established pursuant to paragraph (2) for the third year in the 4-year period; and ``(iv) 15 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does not meet the benchmark established pursuant to paragraph (2) for the fourth year in the 4-year period. ``(B) Failure to establish a plan.--A State with respect to which a plan is not established under paragraph (1) shall be treated as having not met any benchmark established pursuant to paragraph (2). ``(4) Annual doj report.--Not later than 1 year after the date of enactment of this subsection, and each year thereafter, the Attorney General shall publish a report on the website of the Department of Justice on whether each State is in compliance with the benchmarks established pursuant to paragraph (2).''. SEC. 3. GRANTS INCENTIVES TO STATES FOR IMPROVEMENT OF COORDINATION AND AUTOMATION OF NICS RECORD REPORTING. (a) In General.--The NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended-- (1) by striking section 103 and inserting the following: ``SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND AUTOMATION OF NICS RECORD REPORTING. ``(a) Authorization.--From amounts made available to carry out this section, the Attorney General shall make grants to States, Indian tribal governments, and State court systems, in a manner consistent with the National Criminal History Improvement Program and consistent with State plans for integration, automation, and accessibility of criminal history records, for use by the State, or units of local government of the State, Indian tribal government, or State court system to improve the automation and transmittal of any records that identify persons who are prohibited from possessing or receiving a firearm under section 922(g) of title 18, United States Code, in accordance with section 102 and the National Criminal History Improvement Program. ``(b) Use of Grant Amounts.--Grants awarded to States, Indian tribal governments, or State court systems under this section may only be used to-- ``(1) carry out, as necessary, assessments of the capabilities of the courts of the State or Indian tribal government for the automation and transmission of arrest and conviction records, court orders including those for domestic violence, and mental health adjudications or commitments to Federal and State record repositories; ``(2) implement policies, systems, and procedures for the automation and transmission of arrest and conviction records, court orders including those for domestic violence, and mental health adjudications or commitments to Federal and State record repositories; ``(3) create electronic systems that provide accurate and up-to-date information which is directly related to checks under the National Instant Criminal Background Check System, including court disposition and corrections records; ``(4) assist States or Indian tribal governments in establishing or enhancing their own capacities to perform background checks using the National Instant Criminal Background Check System; and ``(5) develop and maintain the relief from disabilities program in accordance with section 105. ``(c) Eligibility.--To be eligible for a grant under this section, a State, Indian tribal government, or State court system shall certify, to the satisfaction of the Attorney General, that the State, Indian tribal government, or State court system is not prohibited by State law or court order from submitting mental health records to the National Instant Criminal Background Check System. ``(d) Federal Share.-- ``(1) Studies, assessments, non-material activities.--The Federal share of a study, assessment, creation of a task force, or other non-material activity, as determined by the Attorney General, carried out with a grant under this section shall be not more than 25 percent. ``(2) Infrastructure or system development.--The Federal share of an activity involving infrastructure or system development, including labor-related costs, for the purpose of improving State or Indian tribal government record reporting to the National Instant Criminal Background Check System carried out with a grant under this section may amount to 100 percent of the cost of the activity. ``(e) Grants to Indian Tribes.--Up to 5 percent of the grant funding available under this section may be reserved for Indian tribal governments for use by Indian tribal judicial systems. ``(f) Preferential Consideration.--In awarding grants under this section, the Attorney General shall give preferential consideration to a State or Indian tribal government that has-- ``(1) successfully met the benchmarks established under section 102(b)(2); and ``(2) implemented a relief from disabilities program in accordance with section 105. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2016 through 2020.''; (2) by striking title III; and (3) in section 401(b), by inserting after ``of this Act'' the following: ``and 18 months after the date of enactment of the NICS Reporting Improvement Act''. (b) Technical and Conforming Amendment.--The table of sections in section 1(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended-- (1) by striking the item relating to section 103 and inserting the following: ``Sec. 103. Grants to States for improvement of coordination and automation of NICS record reporting.''; (2) by striking the item relating to title III; and (3) by striking the item relating to section 301. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect 180 days after the date of enactment of this Act.

NICS Reporting Improvement Act This bill amends the NICS Improvement Amendments Act of 2007 to revise the requirement for states to provide to the Department of Justice (DOJ), as an eligibility condition to receive a grant under the NICS Act Record Improvement Program (NARIP) and a waiver of the grant match requirement under the National Criminal History Improvement Program, estimates of firearms-related disqualifying records. It directs DOJ to establish a four-year state implementation plan, including benchmarks, to maximize the automation and submission of mental health and criminal history records to the National Instant Criminal Background Check System (NICS). DOJ must reduce a state's allocation of funds under the Edward Byrne Memorial Justice Assistance Grant Program for failing to comply with benchmarks. The bill reauthorizes through FY2020 the NARIP grant program and revises it, among other things, to: add state court systems to the list of eligible grant recipients; require a grant applicant to certify, as an eligibility condition, that no state law or court order prohibits the submission of mental health records to NICS; and create a preference for grant applicants that meet the benchmarks included in the state implementation plan. The bill repeals the grant program for state and tribal court systems to improve the automation and submission of mental health and criminal history records.

NICS Reporting Improvement Act

SECTION 1. SALT CEDAR CONTROL. (a) Findings.--Congress finds that-- (1) States are having increasing difficulty meeting their obligations under interstate compacts to deliver water; (2) it is in the best interest of States to minimize the impact of and eradicate invasive species that extort water in the Rio Grande watershed, the Pecos River, and other bodies of water in the Southwest, such as the salt cedar, a noxious and nonnative plant that can use 200 gallons of water a day; and (3) as drought conditions and legal requirements relating to water supply accelerate water shortages, innovative approaches are needed to address the increasing demand for a diminishing water supply. (b) Definitions.--In this section: (1) Control method.-- (A) In general.--The term ``control method'' means a method of controlling salt cedar (Tamarix) or any other nonnative phreatophyte. (B) Inclusions.--The term ``control method'' includes the use of herbicides, mechanical means, and biocontrols such as goats and insects. (2) Demonstration project.--The term ``demonstration project'' means a demonstration project carried out under this section. (3) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (c) Program.-- (1) In general.--Not later than 1 year after the date on which funds are made available to carry out this section, the Secretary shall-- (A) complete a program of research, including a review of past and ongoing research, concerning a control method for use in-- (i) the Rio Grande watershed in the State of New Mexico; (ii) the Pecos River in the State of New Mexico; and (iii) other bodies of water in the States of Arizona, Colorado, New Mexico, Texas, and Utah that are affected by salt cedar or other nonnative phreatophytes; and (B) commence a demonstration program of the most effective control methods. (2) Available expertise.-- (A) In general.--In carrying out the programs under paragraph (1), the Secretary shall use the expertise of institutions of higher education and nonprofit organizations-- (i) that are located in the States referred to in paragraph (1)(A)(iii); and (ii) that have been actively conducting research or carrying out other activities relating to the control of salt cedar. (B) Inclusions.--Institutions of higher education and nonprofit organizations under subparagraph (A) include-- (i) Colorado State University; (ii) Dine College in the State of New Mexico; (iii) Mesa State College in the State of Colorado; (iv) New Mexico State University; (v) Northern Arizona University; (vi) Texas A&M University; (vii) University of Arizona; (viii) Utah State University; and (ix) WERC: A Consortium for Environmental Education and Technology Development. (d) Federal Expense.--The research and demonstration program under subsection (c) shall be carried out at full Federal expense. (e) Consultation.--The activities under this section shall be carried out in consultation with-- (1) the Secretary of Agriculture; (2) the Secretary of the Interior; (3) the Governors of the States of Arizona, Colorado, New Mexico, Texas, and Utah; (4) tribal governments; and (5) the heads of other Federal, State, and local agencies, as appropriate. (f) Research.--To the maximum extent practicable, the research shall focus on-- (1) supplementing and integrating information from past and ongoing research concerning control of salt cedar and other nonnative phreatophytes; (2) gathering experience from past eradication and control projects; (3) arranging relevant data from available sources into formats so that the information is accessible and can be effectively brought to bear by land managers in the restoration of the Rio Grande watershed; (4) using control methods to produce water savings; and (5) identifying long-term management and funding approaches for control of salt cedar and watershed restoration. (g) Demonstration Projects.-- (1) In general.--The Secretary shall carry out not fewer than 10 demonstration projects, of which not fewer than 2 shall be carried out in each of the States referred to in subsection (c)(1)(A)(iii). (2) Cost.--Each demonstration project shall be carried out at a cost of not more than $7,000,000, including costs of planning, design, and implementation. (3) Relationship to other control projects.--Each demonstration project shall be coordinated with control projects being carried out as of the date of enactment of this Act by other Federal, State, tribal, or local entities. (4) Period of project implementation.--Each demonstration project shall be carried out-- (A) during a period of not less than 2 but not more than 5 years, depending on the control method selected; and (B) in a manner designed to determine the time period required for optimum use of the control method. (5) Design.-- (A) Control methods.--Of the demonstration projects-- (i) at least 1 demonstration project shall use primarily 1 or more herbicides; (ii) at least 1 demonstration project shall use primarily mechanical means; (iii) at least 1 demonstration project shall use a biocontrol such as goats or insects; and (iv) each other demonstration project may use any 1 or more control methods. (B) Measurement of costs and benefits.--Each demonstration project shall be designed to measure all costs and benefits associated with each control method used by the demonstration project, including measurement of water savings. (6) Monitoring and maintenance.--After completion, each demonstration project shall be monitored and maintained for a period of not more than 5 years, at a cost of not more than $100,000 per demonstration project per year. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $10,000,000 for fiscal year 2003; and (2) such sums as are necessary for each of fiscal years 2004 through 2007.

Directs the Secretary of the Army, acting through the Chief of Engineers, to: (1) complete a program of research on a method of controlling salt cedar and other nonnative phreatophytes (control method) for use in the Rio Grande watershed and the Pecos River in New Mexico and other affected bodies of water in Arizona, Colorado, New Mexico, Texas, and Utah; and (2) commence a demonstration program of the most effective control methods.Requires the Secretary to carry out at least ten demonstration projects, of which: (1) not less than two shall be carried out in each State specified above; (2) at least one shall use primarily one or more herbicides; (3) at least one shall use primarily mechanical means; (4) at least one shall use a biocontrol such as goats or insects; and (5) the others shall use any one or more control methods. Requires each project to: (1) be designed to measure all costs and benefits associated with each control method used, including water savings; and (2) be monitored and maintained for a period of at least five years, at a cost of not more than $100,000 per project per year, after completion.

A bill to direct the Secretary of the Army to carry out a research and demonstration program concerning control of salt cedar and other nonnative phreatophytes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Carolina Opening Fossil Fuels Safely and Harnessing Opportunities for Robust Employment Act'' or the ``NC OFFSHORE Act''. SEC. 2. NORTH CAROLINA LEASE SALE. Notwithstanding inclusion of the Mid-Atlantic Outer Continental Shelf Planning Area in the Final Outer Continental Shelf Oil & Gas Leasing Program 2017-2022,'' the Secretary of the Interior-- (1) not later than 2 years after the date of the enactment of this Act, shall conduct an oil and gas lease sale for areas off the coast of North Carolina determined by the Secretary to have the most geologically promising hydrocarbon resources and constituting not less than 25 percent of the leasable area within the North Carolina offshore administrative boundaries depicted in the notice entitled ``Federal Outer Continental Shelf (OCS) Administrative Boundaries Extending from the Submerged Lands Act Boundary seaward to the Limit of the United States Outer Continental Shelf'', published January 3, 2006 (71 Fed. Reg. 127); and (2) shall conduct one such lease sale each year during the 5-year period beginning 2 years after the date of the enactment of this Act. SEC. 3. PROTECTION OF MILITARY OPERATIONS. (a) Prohibition.--No person may engage in any exploration, development, or production of oil or natural gas off the coast of North Carolina that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted. (b) Review and Updating of MOA.--The Secretary of the Interior and the Secretary of Defense shall periodically review and revise such memorandum of agreement to account for new offshore energy production technologies, including those that use wind energy. SEC. 4. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO COASTAL STATES. (a) In General.--Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended-- (1) in the existing text-- (A) in the first sentence, by striking ``All rentals,'' and inserting the following: ``(c) Disposition of Revenue Under Old Leases.--All rentals,''; and (B) in subsection (c) (as designated by the amendment made by subparagraph (A) of this paragraph), by striking ``for the period from June 5, 1950, to date, and thereafter'' and inserting ``in the period beginning June 5, 1950, and ending on the date of enactment of the NC OFFSHORE Act''; (2) by adding after subsection (c) (as so designated) the following: ``(d) Definitions.--In this section: ``(1) Coastal state.--The term `coastal State' means North Carolina, Virginia, South Carolina, and Georgia. ``(2) New leasing revenues.--The term `new leasing revenues' means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production on new areas of the outer Continental Shelf that are authorized to be made available for leasing as a result of enactment of the NC OFFSHORE Act and leasing under that Act.''; and (3) by inserting before subsection (c) (as so designated) the following: ``(a) Payment of New Leasing Revenues to Coastal States.--Of the amount of new leasing revenues received by the United States each fiscal year, 37.5 percent shall be allocated and paid in accordance with subsection (b) to coastal States that are affected States with respect to the leases under which those revenues are received by the United States. ``(b) Allocation of Payments.-- ``(1) In general.--The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to coastal States in accordance with this subsection each fiscal year shall be allocated among and paid to coastal States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary. ``(2) Minimum and maximum allocation.--The amount allocated to a coastal State under paragraph (1) each fiscal year with respect to a leased tract shall be-- ``(A) in the case of a coastal State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; ``(B) in the case of any other coastal State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract; and ``(C) in the case of a coastal State that is the only coastal State within 200 miles of a leased tract, 100 percent of the total amounts allocated with respect to the leased tract. ``(3) Administration.--Amounts allocated to a coastal State under this subsection-- ``(A) shall be available to the coastal State without further appropriation; ``(B) shall remain available until expended; ``(C) shall be in addition to any other amounts available to the coastal State under this Act; and ``(D) shall be distributed in the fiscal year following receipt. ``(4) Use of funds.-- ``(A) In general.--Except as provided in subparagraph (B), a coastal State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State. ``(B) Restriction on use for matching.--Funds allocated and paid to a coastal State under this subsection may not be used as matching funds for any other Federal program.''. (b) Limitation on Application.--This section and the amendments made by this section shall not affect the application of section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109-432; (43 U.S.C. 1331 note)), as in effect before the enactment of this Act, with respect to revenues received by the United States under oil and gas leases issued for tracts located in the Western and Central Gulf of Mexico Outer Continental Shelf Planning Areas, including such leases issued on or after the date of the enactment of this Act.

North Carolina Opening Fossil Fuels Safely and Harnessing Opportunities for Robust Employment Act or the NC OFFSHORE Act This bill requires the Bureau of Ocean Energy Management (BOEM) to conduct one oil and gas lease sale off North Carolina's coast every year for five years. In addition, it protects military operations by allowing BOEM and the Department of Defense to mutually make certain areas off limits to exploration and allows coastal states to receive revenue from offshore energy projects. This mandate shall take effect not later than two years after enactment of this bill.

NC OFFSHORE Act

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) States and localities should be able to exercise control over the construction and location of such towers through the use of zoning, planned growth, and other controls relating to the protection of the environment and public health. (2) The placement of commercial telecommunications, radio, or television towers near homes can greatly reduce the value of such homes, destroy the views from such homes, and reduce substantially the desire to live in such homes. (3) There are alternatives to the construction of additional telecommunications towers to effectively provide wireless services, including the collocation of transmitters on existing towers and the use of alternative technologies, including satellites. (4) The Federal Communications Commission does not consider itself a health agency and turns to health and radiation experts outside the agency for guidance on the issue of health effects due to radio frequency exposure. Additionally, both the Food and Drug Administration and the Environmental Protection Agency agree that the research completed to date is insufficient to determine whether using portable cellular telephones presents risks to human health. It is therefore in the interest of the Nation for the Congress to authorize a thorough Federal study into the health effects of low-level, prolonged exposure to nonionizing radiation. (5) The rapid proliferation of personal wireless transmitters and the expected rollout of digital television transmitters mean that the number of sources of nonionizing radiation and the relative strength of these sources will increase dramatically in our Nation's communities in the near future. Until independently funded, conclusive, peer-reviewed studies are completed on this subject, we should exercise caution and give States and local governments full authority to protect the public from radio frequency emissions. (6) The Federal Communications Commission has proposed rules regarding the siting of personal wireless transmitter towers. It is in the interest of the Nation that the second memorandum opinion and order notice of proposed rulemaking of the Commission with respect to application of such ordinances to the placement of such towers, WT Docket No. 97-192, ET Docket No. 93-62, and RM-8577, be modified in order to permit State and local governments to exercise their zoning and land use authorities, and their power to protect public health and safety, to regulate the placement of telecommunications towers. Further, the proposed rules should be modified to allow a licensee or applicant to seek relief from an adverse action only after they have exhausted all available administrative or judicial remedies at the local or State levels of jurisdiction, and, that when petitioning before the Commission for relief from an adverse decision, the applicant shall bear the burden of proof relating to the placement of such towers. (7) On August 19, 1997, the Federal Communications Commission issued a proposed rule, MM Docket No. 97-182, which would preempt the application of State and local zoning and land use ordinances regarding the placement of telecommunications towers for digital television services. It is in the interest of the Nation that the Commission not adopt this rule. (b) Purposes.--The purposes of this Act are as follows: (1) To repeal the limitations on the exercise of State and local authorities regarding the placement, construction, and modification of personal wireless service facilities that arise under section 332(c)(7) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)). (2) To permit State and local governments to regulate the placement, construction, and modification of such facilities on the basis of the environmental effects of the operation of such facilities. (3) To prohibit the Federal Communications Commission from adopting rules which would preempt State and local regulation of the placement of such facilities. SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF CERTAIN TELECOMMUNICATIONS FACILITIES. (a) Repeal of Limitations.--Section 332(c)(7)(B) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)) is amended-- (1) in clause (i), by striking ``thereof--'' and all that follows through the end and inserting ``thereof shall not unreasonably discriminate among providers of functionally equivalent services.''; (2) by striking clause (iv); (3) by redesignating clause (v) as clause (iv); and (4) in clause (iv), as so redesignated-- (A) in the first sentence, by striking ``30 days after such action or failure to act'' and inserting ``30 days after exhaustion of any administrative remedies with respect to such action or failure to act''; and (B) by striking the third sentence and inserting the following: ``In any such action in which a person seeking to place, construct, or modify a tower facility is a party, such person shall bear the burden of proof.''. (b) Prohibition on Adoption of Rule.--Notwithstanding any other provision of law, the Federal Communications Commission may not adopt as a final rule the proposed rule set forth in ``Preemption of State and Local Zoning and Land Use Restrictions on Siting, Placement and Construction of Broadcast Station Transmission Facilities'', MM Docket No. 97-182, released August 19, 1997.

Amends the Communications Act of 1934 to: (1) repeal a provision which prohibits a State or local government from regulating the placement, construction, or modification of personal wireless service facilities (communications towers) on the basis of the environmental effects of frequency emissions from such facilities when such facilities comply with Federal Communications Commission (FCC) regulations; (2) require that, in any action in which a person seeking to place, construct, or modify such a facility is a party, such person bear the burden of proof of its necessity; and (3) prohibit the FCC from adopting as a final rule a certain proposed rule which would preempt State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities.

To amend section 332 of the Communications Act of 1934 to preserve State and local authority to regulate the placement, construction, and modification of certain telecommunications facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforming an Entitlement through Premium Adjustments based on Income Resources (REPAIR) Act of 2007''. SEC. 2. INCOME-RELATED REDUCTION IN PART D PREMIUM SUBSIDY. (a) Income-Related Reduction in Part D Premium Subsidy.-- (1) In general.--Section 1860D-13(a) of the Social Security Act (42 U.S.C. 1395w-113(a)) is amended by adding at the end the following new paragraph: ``(7) Reduction in premium subsidy based on income.-- ``(A) In general.--In the case of an individual whose modified adjusted gross income exceeds the threshold amount applicable under paragraph (2) of section 1839(i) (including application of paragraph (5) of such section) for the calendar year, the monthly amount of the premium subsidy applicable to the premium under this section for a month after December 2008 shall be reduced (and the monthly beneficiary premium shall be increased) by the monthly adjustment amount specified in subparagraph (B). ``(B) Monthly adjustment amount.--The monthly adjustment amount specified in this subparagraph for an individual for a month in a year is equal to the product of-- ``(i) the quotient obtained by dividing-- ``(I) the applicable percentage determined under paragraph (3)(C) of section 1839(i) (including application of paragraph (5) of such section) for the individual for the calendar year reduced by 25.5 percent; by ``(II) 25.5 percent; and ``(ii) the base beneficiary premium (as computed under paragraph (2)). ``(C) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' has the meaning given such term in subparagraph (A) of section 1839(i)(4), determined for the taxable year applicable under subparagraphs (B) and (C) of such section. ``(D) Determination by commissioner of social security.--The Commissioner of Social Security shall make any determination necessary to carry out the income-related reduction in premium subsidy under this paragraph. ``(E) Procedures to assure correct income-related reduction in premium subsidy.-- ``(i) Disclosure of base beneficiary premium.--Not later than September 15 of each year beginning with 2008, the Secretary shall disclose to the Commissioner of Social Security the amount of the base beneficiary premium (as computed under paragraph (2)) for the purpose of carrying out the income-related reduction in premium subsidy under this paragraph with respect to the following year. ``(ii) Additional disclosure.--Not later than October 15 of each year beginning with 2008, the Secretary shall disclose to the Commissioner of Social Security the following information for the purpose of carrying out the income-related reduction in premium subsidy under this paragraph with respect to the following year: ``(I) The modified adjusted gross income threshold applicable under paragraph (2) of section 1839(i) (including application of paragraph (5) of such section). ``(II) The applicable percentage determined under paragraph (3)(C) of section 1839(i) (including application of paragraph (5) of such section). ``(III) The monthly adjustment amount specified in subparagraph (B). ``(IV) Any other information the Commissioner of Social Security determines necessary to carry out the income-related reduction in premium subsidy under this paragraph. ``(F) Rule of construction.--The formula used to determine the monthly adjustment amount specified under subparagraph (B) shall only be used for the purpose of determining such monthly adjustment amount under such subparagraph.''. (2) Collection of monthly adjustment amount.--Section 1860D-13(c) of the Social Security Act (42 U.S.C. 1395w-113(c)) is amended-- (A) in paragraph (1), by striking ``(2) and (3)'' and inserting ``(2), (3), and (4)''; and (B) by adding at the end the following new paragraph: ``(4) Collection of monthly adjustment amount.-- ``(A) In general.--Notwithstanding any provision of this subsection or section 1854(d)(2), subject to subparagraph (B), the amount of the income-related reduction in premium subsidy for an individual for a month (as determined under subsection (a)(7)) shall be paid through withholding from benefit payments in the manner provided under section 1840. ``(B) Agreements.--In the case where the monthly benefit payments of an individual that are withheld under subparagraph (A) are insufficient to pay the amount described in such subparagraph, the Commissioner of Social Security shall enter into agreements with the Secretary, the Director of the Office of Personnel Management, and the Railroad Retirement Board as necessary in order to allow other agencies to collect the amount described in subparagraph (A) that was not withheld under such subparagraph.''. (b) Conforming Amendments.-- (1) Medicare.--Part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.) is amended-- (A) in section 1860D-13(a)(1)-- (i) by redesignating subparagraph (F) as subparagraph (G); (ii) in subparagraph (G), as redesignated by subparagraph (A), by striking ``(D) and (E)'' and inserting ``(D), (E), and (F)''; and (iii) by inserting after subparagraph (E) the following new subparagraph: ``(F) Increase based on income.--The monthly beneficiary premium shall be increased pursuant to paragraph (7).''; and (B) in section 1860D-15(a)(1)(B), by striking ``paragraph (1)(B)'' and inserting ``paragraphs (1)(B) and (1)(F)''. (2) Internal revenue code.--Section 6103(l)(20) of the Internal Revenue Code of 1986 (relating to disclosure of return information to carry out Medicare part B premium subsidy adjustment) is amended-- (A) in the heading, by striking ``part b premium subsidy adjustment'' and inserting ``parts b and d premium subsidy adjustments''; (B) in subparagraph (A)-- (i) in the matter preceding clause (i), by inserting ``or 1860D-13(a)(7)'' after ``1839(i)''; and (ii) in clause (vii), by inserting after ``subsection (i) of such section'' the following: ``or under section 1860D-13(a)(7) of such Act''; (C) in subparagraph (B)-- (i) by inserting ``or such section 1860D- 13(a)(7)'' before the period at the end; (ii) as amended by clause (i), by inserting ``or for the purpose of resolving tax payer appeals with respect to any such premium adjustment'' before the period at the end; and (iii) by adding at the end the following new sentence: ``Officers, employees, and contractors of the Social Security Administration may disclose such return information to officers, employees, and contractors of the Department of Health and Human Services, the Office of Personnel Management, the Railroad Retirement Board, the Department of Justice, and the courts of the United States to the extent necessary to carry out the purposes described in the preceding sentence.''; and (D) by adding at the end the following new subparagraph: ``(C) Timing of disclosure.--Return information shall be disclosed to officers, employees, and contractors of the Social Security Administration under subparagraph (A) not later than the date that is 90 days prior to the date on which the taxpayer first becomes entitled to benefits under part A of title XVIII of the Social Security Act or eligible to enroll for benefits under part B of such title.''.

Reforming an Entitlement through Premium Adjustments based on Income Resources (REPAIR) Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require an income-related reduction in the part D premium subsidy. Declares that, in the case of an individual whose modified adjusted gross income exceeds a certain applicable threshold amount for a month after December 2008, the monthly amount of the part D premium subsidy shall be reduced (and the monthly beneficiary premium shall be increased) by the monthly adjustment amount determined according to a specified formula.

A bill to amend title XVIII of the Social Security Act to require wealthy beneficiaries to pay a greater share of their premiums under the Medicare prescription drug program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to include in the National Wilderness Preservation System certain land within the Rocky Mountain National Park, Colorado, to protect-- (A) the enduring scenic and historic wilderness character and unique wildlife values of the land; and (B) the scientific, educational, inspirational, and recreational resources, values, and opportunities of the land; and (2) to adjust the boundaries of the Indian Peaks Wilderness and Arapaho National Recreation Area of the Arapaho National Forest. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``Map'' means the map entitled ``Rocky Mountain National Park, Colorado Wilderness Boundaries'' and dated September 2006. (2) Park.--The term ``Park'' means the Rocky Mountain National Park in the State. (3) Potential wilderness land.--The term ``potential wilderness land'' means-- (A) the land identified on the Map as potential wilderness; and (B) any land acquired by the United States on or after the date of enactment of this Act that is-- (i) located within the boundaries of the Park; and (ii) contiguous with any land designated as wilderness by section 4(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Colorado. (6) Trail.--The term ``Trail'' means the East Shore Trail established under section 5(a). (7) Wilderness.--The term ``Wilderness'' means the Rocky Mountain National Park Wilderness designated by section 4(a). SEC. 4. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), there is designated as wilderness and as a component of the National Wilderness Preservation System approximately 249,339 acres of land in the Park, as generally depicted on the Map, which shall be known as the ``Rocky Mountain National Park Wilderness''. (b) Map and Boundary Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and boundary description of the Wilderness. (2) Availability.--The map and boundary description submitted under paragraph (1) shall be on file and available for public inspection in the Office of the Director of the National Park Service. (3) Corrections.--The Secretary may correct clerical and typographical errors in the map and boundary description submitted under paragraph (1). (4) Effect.--The map and boundary description submitted under paragraph (1) shall have the same force and effect as if included in this Act. (c) Inclusion of Potential Wilderness Land.-- (1) In general.--On publication in the Federal Register of a notice by the Secretary that all uses of a parcel of potential wilderness land inconsistent with the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased, the parcel shall be-- (A) included in the Wilderness; and (B) managed in accordance with this section. (2) Map and boundary description.--The Secretary shall modify the map and boundary description prepared under subsection (b) to reflect the inclusion of the parcel in the Wilderness. (d) Exclusion of Certain Land.--The boundaries of the Wilderness shall specifically exclude: (1) The Grand River Ditch (including the main canal of the Grand River Ditch and a branch of the main canal known as the ``Specimen Ditch''), the right-of-way for the Grand River Ditch, land 200 feet on each side of the marginal limits of the Ditch, and any associated appurtenances, structures, buildings, camps, and work sites in existence as of June 1, 1998. (2) Land owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the Inlet Ditch to the Reservoir from the North St. Vrain Creek, comprising approximately 35.38 acres. (3) Lands owned by the Wincentsen-Harms Trust, comprising approximately 2.75 acres. (4) Land within the area depicted as the ``East Shore Trail Area'' on the map prepared under subsection (b)(1). (e) Administration.-- (1) In general.--Subject to valid existing rights, any land designated as wilderness under subsection (a) or added to the Wilderness after the date of enactment of this Act under subsection (c) shall be administered by the Secretary in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and (B) this Act. (2) Effective date of wilderness act.--With respect to the land designated as Wilderness by subsection (a) or added to the Wilderness after the date of enactment of this Act under subsection (c), any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act or the date of enactment of the Act adding the land to the Wilderness, respectively. (3) Water rights.-- (A) Findings.--Congress finds that-- (i) according to decisions of the State courts, the United States has existing rights to water within the Park; (ii) the existing water rights are sufficient for the purposes of the Wilderness; and (iii) based on the findings described in clauses (i) and (ii), there is no need for the United States to reserve or appropriate any additional water rights to fulfill the purposes of the Wilderness. (B) No reservation of water rights.--Nothing in this Act or any action carried out pursuant to this Act shall constitute an express or implied reservation by the United States of water or water rights for any purpose. (4) Grand river ditch.-- (A) Liability.--Notwithstanding any other provision of law, or any stipulation or applicable agreement, during any period in which the Water Supply and Storage Company (or any successor in interest to the Water Supply and Storage Company with respect to the Grand River Ditch) operates and maintains the portion of the Grand River Ditch within the Park in compliance with an operations and maintenance agreement between the Water Supply and Storage Company and the National Park Service entered into on ____________, no individual or entity who owns, controls, or operates the Grand River Ditch shall be liable for any response costs or for any damages to, loss of, or injury to the resources of the Park resulting from any cause or event (including, but not limited to, water escaping from any part of the Grand River Ditch by overflow or as a result of a breach, failure, or partial failure of any portion of the Grand River Ditch, including the portion of the ditch located outside the Park), unless the damages to, loss of, or injury to the resources are proximately caused by the negligence or an intentional act of the individual or entity. (B) Limitation.--Nothing in this section limits or otherwise affects any liability of any individual or entity for damages to, loss of, or injury to any resource of the Park resulting from any cause or event that occurred before the date of enactment of this Act. (C) Existing activities.--Nothing in this Act, including the designation of the Wilderness under this section, shall restrict or otherwise affect any activity (including an activity carried out in response to an emergency or catastrophic event) on, under, or affecting the Wilderness or land excluded under subsection (d)(1) relating to the monitoring, operation, maintenance, repair, replacement, or use of the Grand River Ditch that was authorized or approved by the Secretary as of the date of enactment of this Act. (D) No effect.--Notwithstanding any other provision of any previous or existing law, any stipulation, or any agreement, or interpretation thereof, use of water transported by the Grand River Ditch for a main purpose or main purposes other than irrigation shall not terminate or adversely affect the right-of-way of the Grand River Ditch, and such right-of-way shall not be deemed relinquished, forfeited, or lost, solely because such water is used for a main purpose or main purposes other than irrigation. (5) Colorado-big thompson project and windy gap project.-- (A) Existing activities.--Activities (including activities that are necessary because of emergencies or catastrophic events) on, under, or affecting the Wilderness relating to the monitoring, operation, maintenance, repair, replacement, or use of the Alva B. Adams Tunnel at its designed capacity and all other Colorado-Big Thompson Project facilities located within the Park that were allowed as of the date of enactment of this Act under the Act of January 26, 1915 (16 U.S.C. 191)-- (i) shall be allowed to continue; and (ii) shall not be affected by the designation of the Wilderness under this section. (B) Effect.--Nothing in this Act or the designation of the Wilderness shall prohibit or restrict the conveyance of any water through the Alva B. Adams Tunnel for any purpose. (C) New reclamation projects.--Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow development in the Wilderness of any reclamation project not in existence as of the date of enactment of this Act. (6) No buffer zone.-- (A) In general.--Nothing in this Act creates a protective perimeter or buffer zone around the Wilderness. (B) Activities outside wilderness.--The fact that a nonwilderness activity or use can be seen or heard from within the Wilderness shall not preclude the conduct of the activity or use outside the boundary of the Wilderness. (7) Fire, insect, and disease control.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in the Wilderness as are necessary to control fire, insects, and diseases, including the use of mechanized tools, subject to such conditions as the Secretary determines to be desirable. (8) Management authority.--Nothing in this Act shall be construed as reducing or restricting the authority of the Secretary to manage the lands and other resources within the Park pursuant to the Act of January 26, 1915 (16 U.S.C. 191), and other laws applicable to the Park as of the date of enactment of this Act. SEC. 5. EAST SHORE TRAIL AREA IN ROCKY MOUNTAIN NATIONAL PARK. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish within the East Shore Trail Area in Rocky Mountain National Park an alignment line for a trail, to be known as the ``East Shore Trail'', to maximize the opportunity for sustained use of the Trail without causing-- (1) harm to affected resources; or (2) conflicts among users. (b) Boundaries.-- (1) In general.--After establishing the alignment line for the Trail under subsection (a), the Secretary shall-- (A) identify the boundaries of the Trail, which shall not extend more than 25 feet east of the alignment line or be located within the wilderness area; and (B) modify the map of the Wilderness prepared under section 4(b)(1) so that the western boundary of the Wilderness is 50 feet east of the alignment line. (2) Adjustments.--To the extent necessary to protect National Park System resources, the Secretary may adjust the boundaries of the Trail, if the adjustment does not place any portion of the Trail within the boundary of the Wilderness. (c) Inclusion in Wilderness.--On completion of the construction of the Trail, as authorized by the Secretary-- (1) any portion of the East Shore Trail Area that is not traversed by the Trail, that is not west of the Trail, and that is not within 50 feet of the centerline of the Trail shall be-- (A) included in the Wilderness; and (B) managed as part of the Wilderness in accordance with section 4; and (2) the Secretary shall modify the map and boundary description of the wilderness prepared under section 4(b)(1) to reflect the inclusion of the East Shore Trail Area land in the Wilderness. (d) Effect.--Nothing in this section-- (1) requires the construction of the Trail along the alignment line established under subsection (a); or (2) limits the extent to which any otherwise applicable law or policy applies to any decision with respect to the construction of the Trail. (e) Relation to Land Outside Wilderness.-- (1) In general.--Except as provided in this subsection, nothing in this Act shall affect the management or use of any land not included within the boundaries of the Wilderness or the potential wilderness land. (2) Motorized vehicles and machinery.--No use of motorized vehicles or other motorized machinery that was not permitted on March 1, 2006, shall be allowed in the East Shore Trail Area except as the Secretary determines to be necessary for use in-- (A) constructing the Trail, if the construction is authorized by the Secretary; or (B) maintaining the Trail. (3) Management of land before inclusion.--Until the Secretary authorizes the construction of the Trail and the use of the Trail for non-motorized bicycles, the East Shore Trail Area shall be managed-- (A) to protect any wilderness characteristics of the East Shore Trail Area; and (B) to maintain the suitability of the East Shore Trail Area for inclusion in the Wilderness. SEC. 6. INDIAN PEAKS WILDERNESS AND ARAPAHO NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT. (a) Indian Peaks Wilderness Boundary Adjustment.--Section 3(a) of the Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C. 1132 note; Public Law 95-450) is amended-- (1) by striking ``seventy thousand acres'' and inserting ``74,195 acres''; and (2) by striking ``dated July 1978'' and inserting ``dated May 2007''. (b) Arapaho National Recreation Area Boundary Adjustment.--Section 4(a) of the Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C. 460jj(a)) is amended-- (1) by striking ``thirty-six thousand two hundred thirty- five acres'' and inserting ``35,235 acres''; and (2) by striking ``dated July 1978'' and inserting ``dated May 2007''. SEC. 7. AUTHORITY TO LEASE LEIFFER TRACT. (a) In General.--Section 3(k) of Public Law 91-383 (16 U.S.C. 1a- 2(k)) shall apply to the parcel of land described in subsection (b). (b) Description of the Land.--The parcel of land referred to in subsection (a) is the parcel of land known as the ``Leiffer tract'' that is-- (1) located near the eastern boundary of Rocky Mountain National Park in Larimer County, Colorado; and (2) administered by the National Park Service.

Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act - Designates certain lands in Rocky Mountain National Park, Colorado, as the Rocky Mountain National Park Wilderness (the Wilderness) and as a component of the National Wilderness Preservation System. Provides for the inclusion of specified potential wilderness land within the Park in such Wilderness. Sets forth provisions: (1) governing continued operations at the Grand River Ditch; and (2) concerning water rights and permitted and prohibited activities within such Wilderness. Directs the Secretary of the Interior to establish an alignment line and identify the boundaries for the East Shore Trail within the East Shore Trail Area. Authorizes necessary adjustments in such boundaries, except any that would place any portion of the Trail in such Wilderness. Includes any portion of such Area that is not traversed by the Trail, that is not west of the Trail, and that is not within 50 feet of the centerline of the Trail in such Wilderness. Amends the Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act to adjust the boundaries of: (1) the Indian Peaks Wilderness Area; and (2) the Arapaho National Recreation Area. Applies provisions governing leases of National Park System buildings and property to property known as the Leiffer tract near the Park's eastern boundary in Larimer County, Colorado.

To designate as wilderness certain land within the Rocky Mountain National Park and to adjust the boundaries of the Indian Peaks Wilderness and the Arapaho National Recreation Area of the Arapaho National Forest in the State of Colorado.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ricky Ray Hemophilia Relief Fund Act of 1995''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) approximately \1/2\ of all individuals in the United States who suffer from blood-clotting disorders, such as hemophilia, were exposed, through the use of blood-clotting agents, to human immunodeficiency virus (HIV), which causes the fatal illness known as acquired immune deficiency syndrome (AIDS); (2) the Federal Government has a shared responsibility with the blood-products industry for protecting the safety of the blood supply of the Nation and for regulating the safety of blood-clotting agents; (3) blood and blood derivatives (including blood-clotting agents) are subject to more stringent regulation by the Federal Government than are most products regulated under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), because blood and blood derivatives are subject to regulation under the Public Health Service Act (42 U.S.C. 201 et seq.) as well as the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (4) individuals with blood-clotting disorders, such as hemophilia, were at an unusually high and largely preventable risk of contracting HIV during the period beginning in 1980 (when technology became available to pasteurize blood-clotting agents) and ending in 1987 (when the last mass recall of contaminated anti-hemophilic factor (AHF) occurred); (5) during the period beginning in 1980 and ending in 1987, despite growing concerns about blood-borne viruses such as hepatitis and HIV, the Federal Government did not require the blood-products industry to use available technology to ensure the safety of blood products that were allowed on the market for sale to individuals with blood-clotting disorders, such as hemophilia; (6) the Federal Government did not require that, to allow for fully informed decisionmaking regarding treatment options, the blood-products industry provide directly to individuals with blood-clotting disorders, such as hemophilia, all available information about the risks of contaminated blood products; (7) the Federal Government failed to fulfill its responsibility to properly regulate the blood-products industry, and thus exposed individuals with blood-clotting disorders, such as hemophilia, and their families to potential infection with a fatal disease; (8) 17 other developed countries have established government compensation programs to assist individuals with blood-clotting disorders, such as hemophilia, who were infected with HIV; (9) individuals with blood-clotting disorders, such as hemophilia, who have HIV infections incur annual medical costs that often exceed $150,000, due to the expense of the necessary medications and the complications caused by the combination of the 2 illnesses; (10) Ricky Ray was born with hemophilia and, like his 2 younger brothers and thousands of others, became infected with the deadly HIV through use of contaminated blood-clotting products; (11) Ricky Ray and his family have brought national attention to the suffering of individuals with blood-clotting disorders, such as hemophilia, and their families, who have been devastated by HIV; and (12) Ricky Ray died at the age of 15 on December 13, 1992, of hemophilia-associated AIDS, and this Act should bear his name. (b) Purpose.--It is the purpose of this Act to establish a procedure to make partial restitution to individuals who were infected with HIV after treatment, during the period beginning in 1980 and ending in 1987, with contaminated blood products. SEC. 3. TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Ricky Ray Hemophilia Relief Fund'', which shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on and proceeds from any such investment shall be credited to and become part of the Fund. (c) Availability of Fund.--Amounts in the Fund shall be available only for disbursement by the Attorney General under section 5. (d) Termination.--The Fund shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act. If all of the amounts in the Fund have not been expended by the end of the 5-year period, investments of amounts in the Fund shall be liquidated, the receipts of such liquidation shall be deposited in the Fund, and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury of the United States. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Fund to carry out this Act $1,000,000,000. SEC. 4. CLAIMS RELATING TO BLOOD-CLOTTING DISORDERS AND HIV. Any individual who submits to the Attorney General written medical documentation that the individual has an HIV infection shall receive $125,000, from amounts available in the Fund, if each of the following conditions is met: (1) Characteristics of individual.--The individual is described in 1 of the following subparagraphs: (A) The individual has any form of blood-clotting disorder, such as hemophilia, and was treated with blood-clotting agents (in the form of blood components or blood products) at any time during the period beginning on January 1, 1980, and ending on December 31, 1987. (B) The individual-- (i) is the lawful spouse of an individual described in subparagraph (A); or (ii) is the former lawful spouse of an individual described in subparagraph (A) and was the lawful spouse of the individual at any time after a date, within the period described in such subparagraph, on which the individual was treated as described in such subparagraph. (C) The individual acquired the HIV infection through perinatal transmission from a parent who is an individual described in subparagraph (A) or (B). (2) Claim.--A claim for the payment is filed with the Attorney General by or on behalf of the individual. (3) Determination.--The Attorney General determines, in accordance with section 5(b), that the claim meets the requirements of this Act. SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS. (a) Establishment of Filing Procedures.--The Attorney General shall establish procedures under which individuals may submit claims for payment under this Act. The procedures shall include a requirement that each claim filed under this Act include written medical documentation that the relevant individual described in section 4(1)(A) has a blood- clotting disorder, such as hemophilia, and was treated as described in such section. (b) Determination of Claims.--For each claim filed under this Act, the Attorney General shall determine whether the claim meets the requirements of this Act. (c) Payment of Claims.-- (1) In general.--The Attorney General shall pay, from amounts available in the Fund, each claim that the Attorney General determines meets the requirements of this Act. (2) Payments in case of deceased individuals.-- (A) In general.--In the case of an individual referred to in section 4 who is deceased at the time that payment is made under this section on a claim filed by or on behalf of the individual, the payment shall be made to the estate of the individual, if such an estate exists. If no such estate exists, the payment may be made only as follows: (i) If the individual is survived by a spouse who is living at the time of payment, the payment shall be made to such surviving spouse. (ii) If the individual is not survived by a spouse described in clause (i), the payment shall be made in equal shares to all children of the individual who are living at the time of the payment. (iii) If the individual is not survived by a person described in clause (i) or (ii), the payment shall be made in equal shares to the parents of the individual who are living at the time of payment. (B) Filing of claim by estate or survivor.--If an individual eligible for payment under section 4 dies before filing a claim under this Act-- (i) the estate of the individual, if such an estate exists, may file a claim for payment under this Act on behalf of the individual; or (ii) if no such estate exists, a survivor of the individual may file a claim for payment under this Act on behalf of the individual if the survivor may receive payment under subparagraph (A). (C) Definitions.--For purposes of this paragraph: (i) The term ``spouse'' means an individual who was lawfully married to the relevant individual. (ii) The term ``child'' includes a recognized natural child, a stepchild who lived with the relevant individual in a regular parent-child relationship, and an adopted child. (iii) The term ``parent'' includes fathers and mothers through adoption. (3) Timing of payment.--The Attorney General may not make a payment on a claim under this Act before the expiration of the 90-day period beginning on the date of the enactment of this Act or after the expiration of the 5-year period beginning on the date of the enactment of this Act. (4) Choice of payment methods.--An individual whom the Attorney General determines to be entitled to a payment under subsection (c)(1) may choose to receive the payment in the form of-- (A) a lump sum of $125,000, which shall be paid not later than 90 days after the Attorney General determines that the individual is entitled to receive payment under subsection (c)(1); or (B) 4 subpayments, of which-- (i) the 1st subpayment shall consist of $50,000 and shall be paid not later than 90 days after the Attorney General determines that the individual is entitled to receive payment under subsection (c)(1); and (ii) the 2d, 3d, and 4th subpayments shall each consist of $25,000 and shall each be paid upon the expiration of the 6-month period beginning on the date of the preceding subpayment. (d) Action on Claims.--The Attorney General shall complete the determination required by subsection (b) regarding a claim not later than 90 days after the claim is filed under this Act. (e) Payment in Full Settlement of Claims Against United States.-- Payment under this Act, when accepted by an individual described in section 4 or by the estate of or a survivor of such an individual on behalf of the individual, shall be in full satisfaction of all claims of or on behalf of the individual against the United States (but not against any other person or entity) that arise out of both an HIV infection and treatment, at any time during the period beginning on January 1, 1980, and ending on December 31, 1987, with blood-clotting agents (in the form of blood components or blood products). (f) Administrative Costs Not Paid From Fund.--No costs incurred by the Attorney General in carrying out this Act may be paid from the Fund or set off against, or otherwise deducted from, any payment made under subsection (c)(1). (g) Termination of Duties of Attorney General.--The duties of the Attorney General under this section shall cease when the Fund terminates. (h) Treatment of Payments Under Other Laws.--A payment under subsection (c)(1) to an individual or an estate-- (1) shall be treated for purposes of the internal revenue laws of the United States as damages received on account of personal injuries or sickness; and (2) shall not be included as income or resources for purposes of determining the eligibility of the individual to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits. (i) Use of Existing Resources.--The Attorney General should use funds and resources available to the Attorney General to carry out the functions of the Attorney General under this Act. (j) Regulatory Authority.--The Attorney General may issue regulations necessary to carry out this Act. (k) Time of Issuance of Regulations, Guidelines, and Procedures.-- The initial regulations, guidelines, and procedures to carry out this Act shall be issued not later than 90 days after the date of the enactment of this Act. (l) Judicial Review.--An individual whose claim for compensation under this Act is denied may seek judicial review solely in a district court of the United States. The court shall review the denial on the administrative record and shall hold unlawful and set aside the denial if the denial is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. SEC. 6. LIMITATION ON TRANSFER AND NUMBER OF CLAIMS. (a) Claims Not Assignable or Transferable.--A claim under this Act shall not be assignable or transferable. (b) 1 Claim With Respect to Each Victim.--With respect to each individual described in subparagraph (A), (B), or (C) of section 4(1), the Attorney General may not pay more than 1 claim filed to receive compensation under this Act for the harm suffered by the individual. SEC. 7. LIMITATIONS ON CLAIMS. The Attorney General may not pay any claim filed under this Act unless the claim is filed within 3 years after the date of the enactment of this Act. SEC. 8. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. A payment made under section 5(c)(1) shall not be considered as any form of compensation, or reimbursement for a loss, for purposes of imposing liability on the individual receiving the payment, on the basis of such receipt, to repay any insurance carrier for insurance payments or to repay any person on account of worker's compensation payments. A payment under this Act shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation. SEC. 9. LIMITATION ON AGENT AND ATTORNEY FEES. Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an individual under this Act, more than 5 percent of a payment made under this Act on the claim. Any such representative who violates this section shall be fined not more than $50,000. SEC. 10. DEFINITIONS. For purposes of this Act: (1) The term ``AIDS'' means acquired immune deficiency syndrome. (2) The term ``Fund'' means the Ricky Ray Hemophilia Relief Fund. (3) The term ``HIV'' means human immunodeficiency virus.

Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the U.S. Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act. Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment.

Ricky Ray Hemophilia Relief Fund Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Partnerships to Transform Opportunities Act''. SEC. 2. PURPOSE. It is the purpose of this Act to provide resources to nonprofit organizations and minority-serving institutions to prepare individuals with multiple barriers to employment, especially underrepresented minorities, to enter the workforce by providing support services, job training, and education. SEC. 3. UNDERREPRESENTED MINORITY PROGRAMS. Subtitle D of title I of the Workforce Investment Act of 1998 is amended by inserting after section 166 (29 U.S.C. 2911), the following new section: ``SEC. 166B. UNREPRESENTED MINORITY PROGRAMS. ``(a) Purpose.--The purpose of this section is to support employment and training activities for individuals with multiple barriers to employment in order-- ``(1) to develop more fully the academic, occupational, and literacy skills of such individuals; ``(2) to make such individuals more competitive in the workforce; and ``(3) to promote the economic and social development of minority communities in accordance with the goals and values of such communities. ``(b) Definitions.--As used in this section: ``(1) Minority-serving institution.--The term `minority- serving institution' means-- ``(A) a historically Black college or university; ``(B) a Hispanic-serving Institution; ``(C) a Tribal College or University; or ``(D) a Predominantly Black Institution. ``(2) Historically black college or university.--The term `historically Black college or university' has the meaning given the term `part B institution' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). ``(3) Hispanic-serving institution.--The term `Hispanic- serving institution' has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a). ``(4) Nonprofit organization.--The term `nonprofit organization' means a nonprofit organization that focuses on preparing individuals with multiple barriers to employment to enter the workforce by providing such individuals with support services, job training, and education. ``(5) Predominantly black institution.--The term `Predominantly Black Institution' has the meaning given the term in section 318 (20 U.S.C. 1059e). ``(6) Tribal college or university.--The term `Tribal College or University' has the meaning given the term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c). ``(c) Program Authorized.--The Secretary shall, on a competitive basis, make grants to, or enter into contracts or cooperative agreements with, nonprofit organizations in partnership with one or more minority-serving institutions to carry out the authorized activities described in subsection (d). ``(d) Authorized Activities.--A nonprofit organization in partnership with one or more minority-serving institutions receiving a grant, contract, or agreement under subsection (c) shall use such funds to serve individuals with multiple barriers to employment by carrying out the following activities: ``(1) Education services, including postsecondary education, English as a second language courses, General Education Development preparation, financial literacy workshops, access to information technology workshops and courses, Generational Diversity Awareness programs, and health and wellness programs. ``(2) Activities that increase access to workforce services, including on-the-job training, internships, skills training, job placement, financial literacy, and personal development. ``(3) Additional support services, including health and nutrition services, housing assistance, transportation, child care, and clothing. ``(e) Program Plan.--In order to receive a grant or enter into a contract or cooperative agreement under this subsection (c), a nonprofit organization in partnership with one or more minority-serving institutions shall submit to the Secretary a program plan that describes a strategy for meeting the needs of individuals with multiple barriers to employment in the area served by such organization. Such plan shall-- ``(1) be consistent with the purpose of this section; ``(2) identify the population to be served; ``(3) identify the education and employment needs of the population to be served and the manner in which the activities to be provided will strengthen the ability of the individuals served to obtain or retain unsubsidized employment; ``(4) describe the activities to be provided and the manner in which such activities are to be integrated with other appropriate activities; and ``(5) describe, after the organization submitting the plan consults with the Secretary, the performance measures to be used to assess the performance of nonprofit organizations in carrying out the activities assisted under this section. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2012 through 2016.''.

Promoting Partnerships to Transform Opportunities Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to make competitive grants to, or enter into contracts or cooperative agreements with, nonprofit organizations in partnership with one or more minority-serving institutions to provide support services, job training, and education to individuals with multiple barriers to employment, especially underrepresented minorities, to help prepare them to enter the workforce. Requires such nonprofit organizations to submit a program plan to the Secretary in order to receive a grant or enter into such a contract or cooperative agreement.

To amend the Workforce Investment Act of 1998 to prepare individuals with multiple barriers to employment to enter the workforce by providing such individuals with support services, job training, and education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Physical Medicine and Rehabilitation Services Improvement Act of 2006''. SEC. 2. ACCESS TO PHYSICAL MEDICINE AND REHABILITATION SERVICES PROVIDED INCIDENT TO A PHYSICIAN. Section 1862(a)(20) of the Social Security Act (42 U.S.C. 1395y(a)(20)) is amended by striking ``(other than any licensing requirement specified by the Secretary)'' and inserting ``(other than any licensing, education, or credentialing requirements specified by the Secretary)''. SEC. 3. COVERAGE OF CERTIFIED ATHLETIC TRAINER SERVICES AND CERTIFIED LYMPHEDEMA THERAPIST SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Coverage of Services.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) in subparagraph (Z), by striking ``and'' at the end; (B) in subparagraph (AA), by adding ``and'' at the end; and (C) by adding at the end the following new subparagraph: ``(BB) certified athletic trainer services (as defined in subsection (ccc)(1)) and lymphedema therapist services (as defined in subsection (ccc)(3)).''; and (2) by adding at the end the following new subsection: ``Athletic Trainer Services and Lymphedema Therapist Services ``(ccc)(1) The term `athletic trainer services' means services performed by a certified athletic trainer (as defined in paragraph (2)) under the supervision of a physician (as defined in section 1861(r)), which the athletic trainer is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician (as so defined) or as an incident to a physician's professional service, to an individual-- ``(A) who is under the care of a physician (as so defined); and ``(B) with respect to whom a plan prescribing the type, amount, and duration of services that are to be furnished to such individual has been established by a physician (as so defined). Such term does not include any services for which a facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) The term `certified athletic trainer' means an individual who-- ``(A) possesses a bachelor's, master's, or doctoral degree which qualifies for licensure or certification as an athletic trainer; and ``(B) in the case of an individual performing services in a State that provides for licensure or certification of athletic trainers, is licensed or certified as an athletic trainer in such State. ``(3) The term `certified lymphedema therapist services' means services performed by a certified lymphedema therapist (as defined in paragraph (4)) under the supervision of a physician (as defined by paragraph (1) or (3) of section 1861(r)) which the lymphedema therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician (as so defined) or as incident to a physicians professional service, to an individual-- ``(A) who is under the care of a physician (as so defined); and ``(B) with respect to whom a plan prescribing the type, amount, and duration of services that are to be furnished to such individual has been established by a physician (as so defined). Such term does not include any services for which a facility or other provider charges or is paid any amounts with respect to the furnishing of such services ``(4) The term `certified lymphedema therapist' means an individual who-- ``(A) possesses a current unrestricted license as a health professional in the State in which he or she practices; ``(B) after obtaining such a license, has successfully completed 135 hours of Complete Decongestive Therapy coursework which consists of theoretical instruction and practical laboratory work utilizing teaching methods directly aimed at the treatment of lymphatic and vascular disease from a lymphedema training program recognized by the Secretary for purposes of certifying lymphedema therapists; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of lymphedema therapists, is licensed or certified as a lymphedema therapist in such State.''. (b) Payment.-- (1) In general.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) athletic trainer services and lymphedema therapist services; and''. (2) Amount.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (V)'' and inserting ``(V)''; and (B) by inserting before the semicolon at the end the following: ``, and (W) with respect to athletic trainer services and lymphedema therapist services under section 1861(s)(2)(BB), the amounts paid shall be 80 percent of the lesser of the actual charge for the service or the fee schedule amount under section 1848 for the same service performed by a physician''. (c) Inclusion of Services in the Therapy Cap.--Services provided by a certified athletic trainer or a certified lymphedema therapist (as those terms are defined in section 1861(ccc) of the Social Security Act, as added by subsection (a)) shall be subject to the limitation on payments described in section 1833(g) of such Act (42 U.S.C. 1395l(g)) in the same manner those services would be subject to limitation if the service had been provided by a physician personally. (d) Inclusion of Athletic Trainers and Lymphedema Therapists as Practitioners for Assignment of Claims.--Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C.1395u(b)(18)(C)) is amended by adding at the end the following new clauses: ``(vii) A certified athletic trainer (as defined in section 1861(ccc)(1)). ``(viii) A certified lymphedema therapist (as defined in section 1861(ccc)(2)).''. (e) Coverage of Certain Physical Medicine and Rehabilitation Services Provided in Rural Health Clinics and Federally Qualified Health Centers.-- Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a certified athletic trainer (as defined in subsection (ccc)(2)), or by a certified lymphedema therapist (as defined in subsection (ccc)(4))''. (f) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2007.

Access to Physical Medicine and Rehabilitation Services Improvement Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) access to outpatient occupational and physical therapy services provided incident to a physician's professional services if furnished by an educated or credentialed therapist who does not have a license; and (2) coverage of certified athletic trainer services and lymphedema therapist services under part B (Supplementary Medical Insurance) of Medicare, including those provided in rural health clinics and federally qualified health centers.

A bill to amend title XVIII of the Social Security Act to provide for improved access to cost-effective, quality physical medicine and rehabilitation services under part B of the Medicare program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Galisteo Basin Archeological Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Galisteo Basin and surrounding area of New Mexico is the location of many well preserved prehistoric and historic archeological resources of Native American and Spanish colonial cultures. (2) These resources include the largest ruins of Pueblo Indian settlements in the United States, spectacular examples of Native American rock art, and ruins of Spanish colonial settlements. (3) These resources are being threatened by natural causes, urban development, vandalism, and uncontrolled excavations. (b) Purpose.--The purpose of this Act is to provide for the preservation, protection, and interpretation of the nationally significant archeological resources in the Galisteo Basin in New Mexico. SEC. 3. ESTABLISHMENT OF GALISTEO BASIN ARCHEOLOGICAL PROTECTION SITES. (a) In General.--The following archeological sites located in the Galisteon Basin in the State of New Mexico, totaling approximately 4,591 acres, are hereby designated as Galisteo Basin Archeological Protection Sites: Name- Acres Arroyo Hondo Pueblo....................... 21 Burnt Corn Pueblo......................... 110 Chamisa Locita Pueblo..................... 16 Comanche Gap Petroglyphs.................. 764 Espinoso Ridge Site....................... 160 La Cienega Pueblo & Petroglyphs........... 126 La Cienega Pithouse Village............... 179 La Cieneguilla Petroglyphs/Camino Real 531 Site. La Cieneguilla Pueblo..................... 11 Lamy Pueblo............................... 30 Lamy Junction Site........................ 80 Las Huertas............................... 44 Pa ako Pueblo............................. 29 Petroglyph Hill........................... 130 Pueblo Blanco............................. 878 Pueblo Colorado........................... 120 Pueblo Galisteo/Las Madres................ 133 Pueblo Largo.............................. 60 Pueblo She................................ 120 Rote Chert Quarry......................... 5 San Cristobal Pueblo...................... 520 San Lazaro Pueblo......................... 360 San Marcos Pueblo......................... 152 Upper Arroyo Hondo Pueblo................. 12 <RULE>______ Total Acreage....................... 4,591 (b) Availability of Maps.--The archeological protection sites listed in subsection (b) are generally depicted on a series of 19 maps entitled ``Galisteo Basin Archeological Protection Sites'' and dated July, 2002. The Secretary of the Interior (in this Act referred to as the ``Secretary'') shall keep the maps on file and available for public inspection in appropriate offices in New Mexico of the Bureau of Land Management and the National Park Service. (c) Boundary Adjustments.--The Secretary may make minor boundary adjustments to the archeological protection sites by publishing notice thereof in the Federal Register. SEC. 4. ADDITIONAL SITES. (a) In General.--The Secretary shall-- (1) continue to search for additional Native American and Spanish colonial sites in the Galisteo Basin area of New Mexico; and (2) submit to Congress, not later than 3 years after the date that funds become available for this purpose and thereafter as needed, recommendations for additions to, deletions from, and modifications of the boundaries of the list of archeological protection sites in section 3. (b) Additions Only by Statute.--Except as provided by section 3(d), additions to or deletions from the list in section 3 shall be made only by an Act of Congress. SEC. 5. ADMINISTRATION. (a) In General.-- (1) Federal lands.--The Secretary shall administer archeological protection sites located on Federal land in accordance with the provisions of this Act, the Archeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), and other applicable laws in a manner that will protect, preserve, and maintain the archeological resources and provide for research thereon. (2) Non-federal lands.--The Secretary shall have no authority to administer archeological protection sites which are on non-Federal lands except to the extent provided for in a cooperative agreement entered into between the Secretary and the landowner. (3) Clarification related to private lands.--Nothing in this Act shall be construed to extend the authorities of the Archeological Resources Protection Act of 1979 or the Native American Graves Protection and Repatriation Act to private lands which are designated as an archeological protection site. (b) Management Plan.-- (1) In general.--Not later than 3 complete fiscal years after the date that funds are made available for this purpose, the Secretary shall prepare and transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives, a general management plan for the identification, research, protection, and public interpretation of-- (A) the archeological protection sites located on Federal land; and (B) sites on State or private lands for which the Secretary has entered into cooperative agreements pursuant to section 6. (2) Consultation.--The general management plan shall be developed by the Secretary in consultation with the Governor of New Mexico, the New Mexico State Land Commissioner, affected Native American pueblos, and other interested parties. SEC. 6. COOPERATIVE AGREEMENTS. The Secretary is authorized to enter into cooperative agreements with owners of non-Federal lands with regard to an archeological protection site, or portion thereof, located on their property. The purpose of such an agreement shall be to enable to the Secretary to assist with the protection, preservation, maintenance, and administration of the archeological resources and associated lands. Where appropriate, a cooperative agreement may also provide for public interpretation of the site. SEC. 7. ACQUISITIONS. (a) In General.--The Secretary is authorized to acquire, from willing sellers only, lands and interests therein within the boundaries of the archeological protection sites, including access thereto, by donation, by purchase with donated or appropriated funds, or by exchange. (b) State Lands.--The Secretary may acquire lands or interests therein owned by the State of New Mexico or a political subdivision thereof only by donation or exchange, except that State trust lands may only be acquired by exchange. SEC. 8. WITHDRAWAL. Subject to valid existing rights, all Federal lands within the archeological protection sites are hereby withdrawn-- (1) from all forms of entry, appropriation, or disposal under the public land laws and all amendments thereto; (2) from location, entry, and patent under the mining law and all amendments thereto; and (3) from disposition under all laws relating to mineral and geothermal leasing, and all amendments thereto. SEC. 9. SAVINGS PROVISIONS. Nothing in this Act shall be construed-- (1) to authorize the regulation of privately owned lands within an area designated as an archeological protection site; (2) to modify, enlarge, or diminish any authority of Federal, State, or local governments to regulate any use of privately owned lands; (3) to modify, enlarge, or diminish any authority of Federal, State, tribal, or local governments to manage or regulate any use of land as provided for by law or regulation; or (4) to restrict or limit a tribe from protecting cultural or religious sites on tribal lands.

Galisteo Basin Archeological Protection Act - Galisteo Basin Archaeological Protection Act - Designates specified archaeological sites in New Mexico as the Galisteo Basin Archaeological Protection Sites. Requires the Secretary of the Interior to: (1) continue to search for additional Native American and Spanish colonial sites in the Galisteo Basin area; and (2) submit to the Congress recommendations for additions to, deletions from, and modifications of the boundaries of such sites.Requires the Secretary to submit to specified congressional committees a general management plan for the identification, research, protection, and public interpretation of the archaeological protection sites located on Federal lands, and those sites located on private and State lands for which the Secretary has entered into discretionary Cooperative Agreements with their owners for the protection, preservation, maintenance, and administration of their archaeological resources and associated lands.Authorizes the Secretary to acquire lands and interests within the boundaries of the archaeological protection sites, and access to them, by donation, purchase with donated or appropriated funds, or by exchange. Limits to donation or exchange the Secretary's acquisition authority for lands or interests owned by the State of New Mexico or a local government, except that State trust land may be acquired only by exchange.Withdraws all Federal lands within the sites, subject to valid existing rights, from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing.States that this Act shall not: (1) authorize regulation of privately owned lands within an archaeological protection site; and (2) restrict or limit an Indian tribe from protecting cultural or religious sites on tribal land.

To provide for the protection of archeological sites in the Galisteo Basin in New Mexico, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defend Trade Secrets Act of 2014''. SEC. 2. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS. (a) In General.--Section 1836 of title 18, United States Code, is amended to read as follows: ``Sec. 1836. Civil proceedings ``(a) Private Civil Actions.-- ``(1) In general.--An owner of a trade secret may bring a civil action under this subsection if the person is aggrieved by-- ``(A) a violation of section 1831(a) or 1832(a); or ``(B) a misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce. ``(2) Civil ex parte order for preservation of evidence and seizure.-- ``(A) In general.--Based on an affidavit or verified complaint satisfying the requirements of this paragraph, the court may, upon ex parte application and if the court finds that issuing the order is necessary to prevent irreparable harm, issue appropriate orders-- ``(i)(I) providing for the preservation of evidence in a civil action brought under paragraph (1), including by making a copy of an electronic storage medium that contains the trade secret; or ``(II) described in clause (i) or (ii) of paragraph (3)(A); and ``(ii) providing for the seizure of any property used, in any manner or part, to commit or facilitate the commission of a violation alleged under subparagraph (A), except that the order-- ``(I) may not provide for the seizure of any property that is merely incidental to the alleged violation unless necessary to preserve evidence; or ``(II) shall provide for the seizure of any property in a manner that, to the extent possible, does not interrupt normal and legitimate business operations unrelated to the trade secret. ``(B) Requirements for application order.-- Notwithstanding rule 65 of the Federal Rules of Civil Procedure, the requirements in paragraphs (2) through (11) of section 34(d) of the Trademark Act of 1946 (15 U.S.C. 1116) shall apply to any ex parte application or seizure order under subparagraph (A). Any reference in such paragraphs (2) through (11) of section 34(d) of the Trademark Act of 1946 to section 32 of such Act shall be read as references to this section, and references to use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services shall be read as references to a misappropriation of a trade secret. ``(3) Remedies.--In a civil action brought under this subsection, a court may-- ``(A) grant an injunction-- ``(i) to prevent any actual or threatened violation described in paragraph (1) on such terms as the court deems reasonable; ``(ii) if determined appropriate by the court, requiring affirmative actions to be taken to protect a trade secret; and ``(iii) in exceptional circumstances that render an injunction inequitable, that conditions future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited; ``(B) award-- ``(i) damages for actual loss caused by the misappropriation of a trade secret; ``(ii) damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; and ``(iii) in lieu of damages measured by any other methods, the damages caused by misappropriation measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret; ``(C) if the trade secret described in paragraph (1)(B) is willfully or maliciously misappropriated, award exemplary damages in an amount not more than 3 times the amount of the damages awarded under subparagraph (B); and ``(D) if a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or opposed in bad faith, or a trade secret is willfully and maliciously misappropriated, award reasonable attorney's fees to the prevailing party. ``(b) Jurisdiction.--The district courts of the United States shall have original jurisdiction of civil actions brought under this section. ``(c) Period of Limitations.--A civil action under this section may not be commenced later than 5 years after the date on which the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For purposes of this subsection, a continuing misappropriation constitutes a single claim of misappropriation.''. (b) Definitions.--Section 1839 of title 18, United States Code, 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 term `misappropriation' means-- ``(A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or ``(B) disclosure or use of a trade secret of another without express or implied consent by a person who-- ``(i) used improper means to acquire knowledge of the trade secret; ``(ii) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was-- ``(I) derived from or through a person who had used improper means to acquire the trade secret; ``(II) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or ``(III) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or ``(iii) before a material change of the position of the person, knew or had reason to know that-- ``(I) the trade secret was a trade secret; and ``(II) knowledge of the trade secret had been acquired by accident or mistake; ``(6) the term `improper means'-- ``(A) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; and ``(B) does not include reverse engineering or independent derivation; and ``(7) the term `Trademark Act of 1946' means the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the `Trademark Act of 1946' or the `Lanham Act').''. (c) Exceptions to Prohibition.--Section 1833 of title 18, United States Code, is amended, in the matter preceding paragraph (1), by inserting ``or create a private right of action for'' after ``prohibit''. (d) Technical and Conforming Amendment.--The table of sections for chapter 90 of title 18, United States Code, is amended by striking the item relating to section 1836 and inserting the following: ``1836. Civil proceedings.''. (e) Rule of Construction.--Nothing in the amendments made by this section shall be construed to modify the rule of construction under section 1838 of title 18, United States Code, or to preempt any other provision of law.

Defend Trade Secrets Act of 2014 - Amends the federal criminal code to authorize an owner of a trade secret who is aggrieved by an act of economic espionage, theft of a trade secret, or misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce to bring a civil action under this Act (current law authorizes the Attorney General to bring a civil action to obtain injunctive relief against any violation of provisions regarding the protection of trade secrets). Authorizes the court, based on an affidavit or verified complaint satisfying the requirements of this Act, upon ex parte application and if the court finds that issuing the order is necessary to prevent irreparable harm, to issue appropriate orders: (1) providing for the preservation of evidence in the civil action, including by making a copy of an electronic storage medium that contains the trade secret; (2) granting an injunction to prevent any actual or threatened violation, (3) requiring affirmative actions to be taken to protect a trade secret; or (4) providing for the seizure of any property used to commit or facilitate the commission of an alleged violation, except that such an order may not provide for the seizure of any property that is merely incidental to the alleged violation unless necessary to preserve evidence or shall provide for the seizure of any property in a manner that does not interrupt normal and legitimate business operations unrelated to the trade secret. Makes applicable to such ex parte applications and seizure orders specified requirements of the Trademark Act of 1946 regarding ex parte applications and seizure orders in civil actions arising out of the use of counterfeit marks in connection with the sale, offering for sale, or distribution of goods or services. Authorizes a court in a civil action brought under this Act to: (1) grant an injunction to prevent any violation, to require affirmative actions to be taken to protect a trade secret, and to condition future use upon payment of a reasonable royalty for no longer than the period use could have been prohibited; (2) award damages for actual loss, damages for unjust enrichment, and (in lieu of damages measured by any other methods) damages caused by misappropriation measured by imposition of liability for a reasonable royalty for the unauthorized disclosure or use of a trade secret; (3) award exemplary treble damages if the trade secret is willfully or maliciously misappropriated; and (4) award reasonable attorney's fees to the prevailing party if a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or opposed in bad faith, or a trade secret is willfully and maliciously misappropriated. Establishes a five-year limitations period, beginning when the misappropriation is discovered or should have been discovered.

Defend Trade Secrets Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Hospital Quality Report Card Act of 2009''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS HOSPITAL QUALITY REPORT CARD INITIATIVE. (a) Purpose.--The purpose of this section is to provide for the establishment within the Department of Veterans Affairs of an initiative to be known as the ``Hospital Quality Report Card Initiative'' to ensure that information on the quality and performance of hospitals administered by the Secretary of Veterans Affairs is readily available and accessible for purposes as follows: (1) To inform patients and consumers about health care quality in such hospitals. (2) To assist health care providers of the Department of Veterans Affairs in identifying opportunities for quality improvement and cost containment. (3) To enhance the understanding of policy makers and public officials of health care issues, raise public awareness of hospital quality issues, and help constituents of such policy makers and officials identify quality health care options for the Department of Veterans Affairs. (b) Establishment.--Subchapter I of chapter 17 of title 38, United States Code, is amended by inserting after section 1706 the following new section: ``Sec. 1706A. Management of health care: Hospital Quality Report Card Initiative ``(a) In General.--Not later than 18 months after the date of the enactment of the Department of Veterans Affairs Hospital Quality Report Card Act of 2009, the Secretary shall establish and implement an initiative, to be known as the `Hospital Quality Report Card Initiative' (in this section referred to as the `Initiative'), to report on health care quality in Department medical centers. ``(b) Publication of Information on Quality and Performance of Department Medical Centers.--(1)(A) Under the Initiative, not less frequently than twice each year, the Secretary shall make available to the public a report containing the most current information on the quality and performance of each Department medical center. Such information shall include quality measures that allow for an assessment with respect to health care provided by Department medical centers, of the following: ``(i) Effectiveness. ``(ii) Safety. ``(iii) Timeliness. ``(iv) Efficiency. ``(v) Patient centered. ``(vi) Patient satisfaction. ``(vii) Satisfaction of health professionals employed at Department medical centers. ``(viii) The equity of care provided to various patient populations, including female, geriatric, disabled, rural, homeless, mentally ill, and racial and ethnic minority populations. ``(B) For each quality measure reported under subparagraph (A), the Secretary shall include a quality measure represented by an incremental letter grade scale, with `A+' being the highest and `F' being the lowest, based on information reported in paragraph (2) and such other information as the Secretary considers appropriate. ``(2)(A) In reporting information pursuant to paragraph (1), the Secretary shall, except as provided in subparagraph (B), include to the maximum extent practicable information about Department medical centers relating to-- ``(i) staffing levels of nurses and other health professionals, as appropriate; ``(ii) rates of nosocomial infections; ``(iii) the volume of each of the different types of procedures performed; ``(iv) hospital sanctions and other violations; ``(v) the quality of care provided to various patient populations, including female, geriatric, disabled, rural, homeless, mentally ill, and racial and ethnic minority populations; ``(vi) the availability of emergency rooms, intensive care units, maternity care, and specialty services; ``(vii) the quality of care in various hospital settings, including inpatient, outpatient, emergency, maternity, and intensive care unit settings; ``(viii) ongoing patient safety initiatives; ``(ix) use of health information technology systems; and ``(x) such other matters the Secretary considers appropriate. ``(B) In making a report available to the public under paragraph (1), the Secretary may provide information in addition to the information required by subparagraph (A) or provide information in lieu of the information required by subparagraph (A) if the Secretary-- ``(i) not later than 15 days before the date on which such report is made available to the public, submits to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a certification in writing that such additional or substituted information is more appropriate for purposes of carrying out the requirement of paragraph (2)(B); and ``(ii) includes in such report and certification an indication of which information has been added or substituted under this subparagraph. ``(3)(A) In reporting information as provided for under paragraph (1), the Secretary may risk adjust quality measures to account for differences relating to-- ``(i) the characteristics of the reporting Department medical center, such as licensed bed size, geography, and teaching hospital status; and ``(ii) patient characteristics, such as health status, severity of illness, and socioeconomic status. ``(B) If the Secretary reports data under paragraph (1) using risk- adjusted quality measures, the Secretary shall establish procedures for making the unadjusted data available to the public in a manner determined appropriate by the Secretary. ``(4) Under the Initiative, the Secretary may verify information reported under this subsection to ensure accuracy and validity. ``(5) Before disclosing to the public any information under this subsection, the Secretary shall disclose the methodology for the reporting of such information and the nature and scope of such information to each-- ``(A) organization the Secretary considers relevant to such information; and ``(B) Department medical center that is the subject of such information. ``(6)(A) For each report made available to the public under paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a copy of such report. ``(B) The Secretary shall ensure that each report made available to the public under paragraph (1) is made available-- ``(i) in an electronic format; ``(ii) in a manner that can be understood by individuals who are not medical professionals and individuals with low functional health literacy; and ``(iii) at each Department medical centers covered by the report. ``(C) The Secretary shall ensure that information on health care quality is provided in a manner that is conducive for comparisons with other local hospitals or regional hospitals, as appropriate. ``(D) The Secretary shall establish procedures for making the information covered by reports made available to the public under paragraph (1) available to the public upon request in non-electronic format, such as through a toll-free telephone number. ``(7) The analytic methodologies and limitations on information sources utilized by the Secretary to develop and disseminate the comparative information under this subsection shall be identified and acknowledged in a notice or disclaimer as part of the dissemination of such information, and include the appropriate and inappropriate uses of such information. ``(c) Identifying and Reporting Actions That Could Lead to False or Artificial Improvements in Quality Measurements.--Not less frequently than annually, the Secretary shall compare quality measures data submitted by each Department medical center to the Secretary with quality measures data submitted to the Secretary in the prior year or years by each such Department medical center in order to identify and report actions that could lead to false or artificial improvements in the quality measurements of such Department medical centers. ``(d) Privacy and Security.--(1) The Secretary shall develop and implement effective safeguards to protect against the unauthorized use or disclosure of Department medical center data that is reported under this section. ``(2) The Secretary shall develop and implement effective safeguards to protect against the dissemination of inconsistent, incomplete, invalid, inaccurate, or subjective Department medical center data. ``(3) The Secretary shall ensure that identifiable patient data shall not be released to the public. ``(e) Periodic Reports.--(1) The Secretary shall periodically submit to Congress a report on the effectiveness of the Initiative. ``(2) Each report required by paragraph (1) shall include the following: ``(A) An assessment of the effectiveness of the Initiative in meeting the purpose described in section 2(a) of the Department of Veterans Affairs Hospital Quality Report Card Act of 2009. ``(B) A description of the measures the Secretary can undertake to ensure that the Initiative meets such purpose. ``(3) The Secretary shall carry out each measure the Secretary includes in a report under paragraph (2)(B). ``(4) The Secretary shall make each report submitted under paragraph (1) available to the public. ``(f) Department Medical Center Defined.--In this section, the term `Department medical center' means a Department of Veterans Affairs Medical Center administered by the Secretary. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2010 through 2018.''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1706 the following new item: ``1706A. Management of health care: Hospital Quality Report Card Initiative.''.

Department of Veterans Affairs Hospital Quality Report Card Act of 2009 - Directs the Secretary of Veterans Affairs to establish and implement a Hospital Quality Report Card Initiative to report on health care quality in Department of Veterans Affairs (VA) medical centers. Requires the Secretary, at least semiannually, to make available to the public and to submit to the congressional Veterans' Committees reports on the quality of each VA medical center.

A bill to amend title 38, United States Code, to establish a Hospital Quality Report Card Initiative to report on health care quality in Department of Veterans Affairs Medical Centers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Covered indian tribe.--The term ``covered Indian tribe'' means an Indian tribe listed in section 4(a). (2) Fund account.--The term ``Fund Account'' means the consolidated account for tribal trust funds in the Treasury of the United States that is managed by the Secretary-- (A) through the Office of Trust Fund Management of the Department of the Interior; and (B) in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Tribal governing body.--The term ``tribal governing body'' means the duly elected governing body of a covered Indian tribe. SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN FUNDS BY, THE SISSETON AND WAHPETON TRIBES OF SIOUX INDIANS. Notwithstanding any other provision of law, including Public Law 92-555 (25 U.S.C. 1300d et seq.), any funds made available by appropriations under chapter II of Public Law 90-352 (82 Stat. 239) to the Sisseton and Wahpeton Tribes of Sioux Indians to pay a judgment in favor of those Indian tribes in Indian Claims Commission dockets numbered 142 and 359, including interest, that, as of the date of enactment of this Act, have not been distributed, shall be distributed and used in accordance with this Act. SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES. (a) In General.-- (1) Amount distributed.-- (A) In general.--Subject to section 8(e) and if no action is filed in a timely manner (as determined under section 8(d)) raising any claim identified in section 8(a), not earlier than 365 days after the date of enactment of this Act and not later than 415 days after the date of enactment of this Act, the Secretary shall transfer to the Fund Account to be credited to accounts established in the Fund Account for the benefit of the applicable governing bodies under paragraph (2) an aggregate amount determined under subparagraph (B). (B) Aggregate amount.--The aggregate amount referred to in subparagraph (A) is an amount equal to the remainder of-- (i) the funds described in section 3; minus (ii) an amount equal to 71.6005 percent of the funds described in section 3. (2) Distribution of funds to accounts in the fund account.--The Secretary shall ensure that the aggregate amount transferred under paragraph (1) is allocated to the accounts established in the Fund Account as follows: (A) 28.9276 percent of that amount shall be allocated to the account established for the benefit of the tribal governing body of the Spirit Lake Tribe of North Dakota. (B) 57.3145 percent of that amount, after payment of any applicable attorneys' fees and expenses by the Secretary under the contract numbered A00C14202991, approved by the Secretary on August 16, 1988, shall be allocated to the account established for the benefit of the tribal governing body of the Sisseton and Wahpeton Sioux Tribe of South Dakota. (C) 13.7579 percent of that amount shall be allocated to the account established for the benefit of the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana, as designated under subsection (c). (b) Use.--Amounts distributed under this section to accounts referred to in subsection (d) for the benefit of a tribal governing body shall be distributed and used in a manner consistent with section 5. (c) Tribal Governing Body of Assiniboine and Sioux Tribes of Fort Peck Reservation.--For purposes of making distributions of funds pursuant to this Act, the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes shall act as the governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation. (d) Tribal Trust Fund Accounts.--The Secretary of the Treasury, in cooperation with the Secretary of the Interior, acting through the Office of Trust Fund Management of the Department of the Interior, shall ensure that such accounts as are necessary are established in the Fund Account to provide for the distribution of funds under subsection (a)(2). SEC. 5. USE OF DISTRIBUTED FUNDS. (a) Prohibition.--No funds allocated for a covered Indian tribe under section 4 may be used to make per capita payments to members of the covered Indian tribe. (b) Purposes.--The funds allocated under section 4 may be used, administered, and managed by a tribal governing body referred to in section 4(a)(2) only for the purpose of making investments or expenditures that the tribal governing body determines to be reasonably related to-- (1) economic development that is beneficial to the covered Indian tribe; (2) the development of resources of the covered Indian tribe; (3) the development of programs that are beneficial to members of the covered Indian tribe, including educational and social welfare programs; (4) the payment of any existing obligation or debt (existing as of the date of the distribution of the funds) arising out of any activity referred to in paragraph (1), (2), or (3); (5)(A) the payment of attorneys' fees or expenses of any covered Indian tribe referred to in subparagraph (A) or (C) of section 4(a)(2) for litigation or other representation for matters arising out of the enactment of Public Law 92-555 (25 U.S.C. 1300d et seq.); except that (B) the amount of attorneys' fees paid by a covered Indian tribe under this paragraph with funds distributed under section 4 shall not exceed 10 percent of the amount distributed to that Indian tribe under that section; (6) the payment of attorneys' fees or expenses of the covered Indian tribe referred to in section 4(a)(2)(B) for litigation and other representation for matters arising out of the enactment of Public Law 92-555 (25 U.S.C. 1300d et seq.), in accordance, as applicable, with the contracts numbered A00C14203382 and A00C14202991, that the Secretary approved on February 10, 1978 and August 16, 1988, respectively; or (7) the payment of attorneys' fees or expenses of any covered Indian tribe referred to in section 4(a)(2) for litigation or other representation with respect to matters arising out of this Act. (c) Management.--Subject to subsections (a), (b), and (d), any funds distributed to a covered Indian tribe pursuant to sections 4 and 7 may be managed and invested by that Indian tribe pursuant to the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). (d) Withdrawal of Funds by Covered Tribes.-- (1) In general.--Subject to paragraph (2), each covered Indian tribe may, at the discretion of that Indian tribe, withdraw all or any portion of the funds distributed to the Indian tribe under sections 4 and 7 in accordance with the American Indian Trust Fund Management Reform Act (25 U.S.C. 4001 et seq.). (2) Exemption.--For purposes of paragraph (1), the requirements under subsections (a) and (b) of section 202 of the American Indian Trust Fund Management Reform Act (25 U.S.C. 4022 (a) and (b)) and section 203 of such Act (25 U.S.C. 4023) shall not apply to a covered Indian tribe or the Secretary. (3) Rule of construction.--Nothing in paragraph (2) may be construed to limit the applicability of section 202(c) of the American Indian Trust Fund Management Reform Act (25 U.S.C. 4022(c)). SEC. 6. EFFECT OF PAYMENTS TO COVERED INDIAN TRIBES ON BENEFITS. A payment made to a covered Indian tribe or an individual under this Act shall not-- (1) for purposes of determining the eligibility for a Federal service or program of a covered Indian tribe, household, or individual, be treated as income or resources; or (2) otherwise result in the reduction or denial of any service or program to which, pursuant to Federal law (including the Social Security Act (42 U.S.C. 301 et seq.)), the covered Indian tribe, household, or individual would otherwise be entitled. SEC. 7. DISTRIBUTION OF FUNDS TO LINEAL DESCENDANTS. (a) In General.--Subject to section 8(e), the Secretary shall, in the manner prescribed in section 202(c) of Public Law 92-555 (25 U.S.C. 1300d-4(c)), distribute to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians an amount equal to 71.6005 percent of the funds described in section 3, subject to any reduction determined under subsection (b). (b) Adjustments.-- (1) In general.--Subject to section 8(e), if the number of individuals on the final roll of lineal descendants certified by the Secretary under section 201(b) of Public Law 92-555 (25 U.S.C. 1300d-3(b)) is less than 2,588, the Secretary shall distribute a reduced aggregate amount to the lineal descendants referred to in subsection (a), determined by decreasing-- (A) the percentage specified in section 4(a)(B)(ii) by a percentage amount equal to-- (i) .0277; multiplied by (ii) the difference between 2,588 and the number of lineal descendants on the final roll of lineal descendants, but not to exceed 600; and (B) the percentage specified in subsection (a) by the percentage amount determined under subparagraph (A). (2) Distribution.--If a reduction in the amount that otherwise would be distributed under subsection (a) is made under paragraph (1), an amount equal to that reduction shall be added to the amount available for distribution under section 4(a)(1), for distribution in accordance with section 4(a)(2). (c) Verification of Ancestry.--In seeking to verify the Sisseton and Wahpeton Mississippi Sioux Tribe ancestry of any person applying for enrollment on the roll of lineal descendants after January 1, 1998, the Secretary shall certify that each individual enrolled as a lineal descendant can trace ancestry to a specific Sisseton or Wahpeton Mississippi Sioux Tribe lineal ancestor who was listed on-- (1) the 1909 Sisseton and Wahpeton annuity roll; (2) the list of Sisseton and Wahpeton Sioux prisoners convicted for participating in the outbreak referred to as the ``1862 Minnesota Outbreak''; (3) the list of Sioux scouts, soldiers, and heirs identified as Sisseton and Wahpeton Sioux on the roll prepared pursuant to the Act of March 3, 1891 (26 Stat. 989 et seq., chapter 543); or (4) any other Sisseton or Wahpeton payment or census roll that preceded a roll referred to in paragraph (1), (2), or (3). (d) Conforming Amendments.-- (1) In general.--Section 202(a) of Public Law 92-555 (25 U.S.C. 1300d-4(a)) is amended-- (A) in the matter preceding the table-- (i) by striking ``, plus accrued interest,''; and (ii) by inserting ``plus interest received (other than funds otherwise distributed to the Sisseton and Wahpeton Tribes of Sioux Indians in accordance with the Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998),'' after ``docket numbered 359,''; and (B) in the table contained in that subsection, by striking the item relating to ``All other Sisseton and Wahpeton Sioux''. (2) Roll.--Section 201(b) of Public Law 92-555 (25 U.S.C. 1300d-3(b)) is amended by striking ``The Secretary'' and inserting ``Subject to the Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998, the Secretary''. SEC. 8. JURISDICTION; PROCEDURE. (a) Actions Authorized.--In any action brought by or on behalf of a lineal descendant or any group or combination of those lineal descendants to challenge the constitutionality or validity of distributions under this Act to any covered Indian tribe, any covered Indian tribe, separately, or jointly with another covered Indian tribe, shall have the right to intervene in that action to-- (1) defend the validity of those distributions; or (2) assert any constitutional or other claim challenging the distributions made to lineal descendants under this Act. (b) Jurisdiction and Venue.-- (1) Exclusive original jurisdiction.--Subject to paragraph (2), only the United States District Court for the District of Columbia, and for the districts in North Dakota and South Dakota, shall have original jurisdiction over any action brought to contest the constitutionality or validity under law of the distributions authorized under this Act. (2) Consolidation of actions.--After the filing of a first action under subsection (a), all other actions subsequently filed under that subsection shall be consolidated with that first action. (3) Jurisdiction by the united states court of federal claims.--If appropriate, the United States Court of Federal Claims shall have jurisdiction over an action referred to in subsection (a). (c) Notice to Covered Tribes.--In an action brought under this section, not later than 30 days after the service of a summons and complaint on the Secretary that raises a claim identified in subsection (a), the Secretary shall send a copy of that summons and complaint, together with any responsive pleading, to each covered Indian tribe by certified mail with return receipt requested. (d) Statute of Limitations.--No action raising a claim referred to in subsection (a) may be filed after the date that is 365 days after the date of enactment of this Act. (e) Special Rule.-- (1) Final judgment for lineal descendants.-- (A) In general.--If an action that raises a claim referred to in subsection (a) is brought, and a final judgment is entered in favor of 1 or more lineal descendants referred to in that subsection, section 4(a) and subsections (a) and (b) of section 7 shall not apply to the distribution of the funds described in subparagraph (B). (B) Distribution of funds.--Upon the issuance of a final judgment referred to in subparagraph (A) the Secretary shall distribute 100 percent of the funds described in section 3 to the lineal descendants in a manner consistent with-- (i) section 202(c) of Public Law 92-555 (25 U.S.C. 1300d-4(c)); and (ii) section 202(a) of Public Law 92-555, as in effect on the day before the date of enactment of this Act. (2) Final judgment for covered indian tribes.-- (A) In general.--If an action that raises a claim referred to in subsection (a) is brought, and a final judgment is entered in favor of 1 or more covered Indian tribes that invalidates the distributions made under this Act to lineal descendants, section 4(a), other than the percentages under section 4(a)(2), and subsections (a) and (b) of section 7 shall not apply. (B) Distribution of funds.--Not later than 180 days after the date of the issuance of a final judgment referred to in subparagraph (A), the Secretary shall distribute 100 percent of the funds described in section 3 to each covered Indian tribe in accordance with the judgment and the percentages for distribution contained in section 4(a)(2). (f) Limitation on Claims by a Covered Indian Tribe.-- (1) In general.--If any covered Indian tribe receives any portion of the aggregate amounts transferred by the Secretary to a Fund Account or any other account under section 4, no action may be brought by that covered Indian tribe in any court for a claim arising from the distribution of funds under Public Law 92-555 (25 U.S.C. 1300d et seq.). (2) Rule of construction.--Nothing in this subsection shall be construed to limit the right of a covered Indian tribe to-- (A) intervene in an action that raises a claim referred to in subsection (a); or (B) limit the jurisdiction of any court referred to in subsection (b), to hear and determine any such claims. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998 - Provides for the distribution of certain funds to the Sisseton and Wahpeton Tribes of Sioux Indians to pay a judgment in favor of those tribes. (Sec. 4) Directs the Secretary of the Interior to transfer a specified aggregate amount to be credited to accounts established in a Fund Account for the benefit of the applicable governing bodies of the : (1) Spirit Lake Tribe of North Dakota; (2) Sisseton and Wahpeton Sioux Tribe of South Dakota; and (3) Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana. Designates the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes as the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation for purposes of making such distributions. (Sec. 5) Prohibits funds allocated for a covered Indian tribe from being used to make per capita payments to tribe members. Allows funds allocated to be used, administered, and managed by a tribal governing body only for the purpose of making investments or expenditures that the tribal governing body determines to be reasonably related to: (1) economic development; (2) tribal resources development; (3) the development of beneficial tribal programs, including educational and social welfare programs; (4) any existing obligation or debt arising out of any such activities; and (5) specified attorneys' fees. (Sec. 6) Sets forth provisions concerning the effect of payments to a covered Indian tribe or an individual on eligibility for, or the reduction or denial of, Federal benefits. (Sec. 7) Directs the Secretary to distribute a specified amount to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians. Requires ancestral verification of such descendants. (Sec. 8) Sets forth procedural requirements for civil actions brought by or on behalf of a lineal descendant or any group or combination thereof to challenge the constitutionality or validity of such distributions.

Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Whistleblower Act of 1995''. SEC. 2. PURPOSE. The purpose of this Act is to-- (1) reduce and eliminate fraud and abuse under the medicare program; (2) reduce negligent and fraudulent medicare billings by providers; (3) provide medicare beneficiaries with incentives to report inappropriate billing practices; and (4) provide savings to the medicare trust funds by increasing the recovery of medicare overpayments. SEC. 3. REQUEST FOR ITEMIZED BILL FOR MEDICARE ITEMS AND SERVICES. (a) In General.--Section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) is amended by adding at the end the following new subsection: ``(m) Written Request for Itemized Bill.-- ``(1) In general.--A beneficiary may submit a written request for an itemized bill for medical or other items or services provided to such beneficiary by any person (including an organization, agency, or other entity) that receives payment under title XVIII for providing such items or services to such beneficiary. ``(2) 30-day period to receive bill.-- ``(A) In general.--Not later than 30 days after the date on which a request under paragraph (1) has been received, a person described in such paragraph shall furnish an itemized bill describing each medical or other item or service provided to the beneficiary requesting the itemized bill. ``(B) Penalty.--Whoever knowingly fails to furnish an itemized bill in accordance with subparagraph (A) shall be subject to a civil fine of not more than $100 for each such failure. ``(3) Review of itemized bill.-- ``(A) In general.--Not later than 90 days after the receipt of an itemized bill furnished under paragraph (1), a beneficiary may submit a written request for a review of the itemized bill to the appropriate fiscal intermediary or carrier with a contract under section 1816 or 1842. ``(B) Specific allegations.--A request for a review of the itemized bill shall identify-- ``(i) specific medical or other items or services that the beneficiary believes were not provided as claimed, or ``(ii) any other billing irregularity (including duplicate billing). ``(4) Findings of fiscal intermediary or carrier.--Each fiscal intermediary or carrier with a contract under section 1816 or 1842 shall, with respect to each claim submitted to the fiscal intermediary or carrier under paragraph (3), make one of the following determinations: ``(A) The itemized bill accurately reflects medical or other items or services provided to the beneficiary. ``(B) The itemized bill does not accurately reflect medical or other items or services provided to the beneficiary or contains a billing irregularity but the inaccuracy or irregularity is inadvertent or is the result of a misinterpretation of law. ``(C) The itemized bill negligently describes medical or other items or services not provided to the beneficiary or contains a negligent billing irregularity. ``(D) The itemized bill fraudulently describes medical or other items or services not provided to the beneficiary or contains a fraudulent billing irregularity. ``(5) Review of findings of fiscal intermediary or carrier.-- ``(A) In general.--If a fiscal intermediary or carrier makes a finding described in subparagraph (B), (C), or (D) of paragraph (4), the fiscal intermediary or carrier shall submit to the Secretary a report containing such findings and the basis for such findings. ``(B) Determination by secretary.--The Secretary shall determine whether the findings of the fiscal intermediary or carrier submitted under subparagraph (A) are correct. ``(6) Recovery of amounts.--The Secretary shall require fiscal intermediaries and carriers to take all appropriate measures to recover amounts inappropriately paid under title XVIII with respect to a bill for which the Secretary makes a determination of correctness under paragraph (5)(B). ``(7) Antifraud incentive payments.-- ``(A) In general.--If the Secretary makes a determination of correctness under paragraph (5)(B) with respect to a finding described in subparagraph (C) or (D) of paragraph (4), the Secretary shall make an antifraud incentive payment (in an amount determined under subparagraph (B)) to the beneficiary who submitted the request for the itemized bill under paragraph (1) that resulted in such findings. ``(B) Antifraud incentive payment determined.-- ``(i) In general.--The amount of the antifraud incentive payment determined under this subparagraph is equal to the lesser of-- ``(I) 1 percent of the amount that the bill negligently or fraudulently charged for medical or other items or services; or ``(II) $10,000. ``(ii) Limitation of amount.--The amount determined under this subparagraph may not exceed-- ``(I) in the case of a negligent bill, the total amounts recovered with respect to the bill in accordance with paragraph (6); or ``(II) in the case of a fraudulent bill, the sum of the amounts assessed and collected with respect to the bill under paragraph (8). ``(8) Penalty.--If the Secretary makes a determination of correctness with respect to a finding described in paragraph (4)(D) (relating to fraudulent billing), the provider or other person responsible for providing the beneficiary with the itemized bill that is the subject of such findings, shall be subject, in addition to any other penalties that may be prescribed by law, to a civil money penalty equal to the lesser of-- ``(A) 1 percent of the amount that the bill fraudulently charged for medical or other items or services; or ``(B) $10,000. ``(9) Prevention of abuse by beneficiaries.--The Secretary shall-- ``(A) address abuses of the incentive system established under this subsection; and ``(B) establish appropriate procedures to prevent such abuses. ``(10) Requirement that beneficiary discover negligent or fraudulent bill to receive incentive payment.--No incentive payment shall be made under paragraph (7) to a beneficiary if the Secretary or the appropriate fiscal intermediary or carrier identified the bill that was the subject of the beneficiary's request for review under this subsection as being negligent or fraudulent prior to such request.''. (b) Payment of Antifraud Incentive to Medicare Beneficiary.-- Section 1128A(f) of the Social Security Act (42 U.S.C. 1320a-7a(f)) is amended-- (1) in paragraph (3), by striking ``(3)'' and inserting ``(4)''; and (2) by inserting after paragraph (2) the following: ``(3) Any penalty recovered under subsection (m)(8) shall be paid as an antifraud incentive payment to the beneficiary who submitted the request for the itemized bill under subsection (m)(1) that resulted in the imposition of the penalty.''. (c) Conforming Amendment.--Subsections (c) and (d) of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) are each amended by striking ``(a) or (b)'' each place it appears and inserting ``(a), (b), or (m)''. (d) Effective Date.--The amendments made by this section shall apply with respect to medical or other items or services provided on or after January 1, 1996.

Medicare Whistleblower Act of 1995 - Amends title XI of the Social Security Act to allow Medicare beneficiaries to submit a written request to program providers for an itemized bill of items and services received from them. Permits such beneficiaries to further request a review of such a bill by the appropriate fiscal intermediary or carrier under contract to administer Medicare benefits for any billing irregularities. Directs the Secretary of Health and Human Services to require such entities to take all appropriate measures to recover amounts inappropriately paid because of such irregularities. Subjects providers submitting fraudulent billings to a certain civil money penalty in addition to any other penalties that may be prescribed by law. Provides for antifraud incentive payments (out of collected penalties) to Medicare beneficiaries who request itemized billings later found to contain irregularities of a negligent or fraudulent nature.

Medicare Whistleblower Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Repayment Act of 2016''. SEC. 2. INCLUSION OF STUDENT LOAN REPAYERS FOR PURPOSES OF WORK OPPORTUNITY CREDIT. (a) In General.--Section 51(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(K) a qualified student loan repayer.''. (b) Qualified Student Loan Repayer Defined.--Section 51(d) of such Code is amended by adding at the end the following new paragraph: ``(16) Qualified student loan repayer.--The term `qualified student loan repayer' means any individual who is certified by the designated local agency as-- ``(A) having at least an associate's degree; and ``(B) having outstanding qualified education loans (as defined in section 221) of not less than $10,000.''. (c) Effective Date.--The amendments made by this section shall apply with respect to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 3. STUDENT LOAN PROGRAM STARTUP COSTS CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SECTION 45S. STUDENT LOAN PROGRAM STARTUP COSTS CREDIT. ``(a) In General.--For purposes of section 38, in the case of an eligible employer, the student loan program startup costs credit determined under this section for any taxable year is an amount equal to 50 percent of the qualified startup costs paid or incurred by the taxpayer during the taxable year. ``(b) Dollar Limitation.--The amount of the credit determined under this section for any taxable year for a qualified employer shall not exceed-- ``(1) for the first credit year and each of the 2 taxable years immediately following the first credit year, the product of-- ``(A) $500, multiplied by ``(B) the number of employees participating during such taxable year in an eligible employer plan for which the employer is eligible for a credit under this section, and ``(2) for any other taxable year, zero. ``(c) Eligible Employer.--For purposes of this section, the term `eligible employer' means an employer if such employer, or any member of any controlled group including the employer (or any predecessor of either), during the 3-taxable-year period immediately preceding the 1st taxable year for which the credit under this section is otherwise allowable for a qualified employer plan of the employer, has not established or maintained a qualified employer plan with respect to which contributions were made, or benefits were accrued, for substantially the same employees as are in the qualified employer plan. ``(d) Other Definitions.--For purposes of this section-- ``(1) Qualified startup costs.-- ``(A) In general.--The term `qualified startup costs' means any ordinary and necessary expenses of an eligible employer which are paid or incurred in connection with the establishment or administration of an eligible employer plan. Such term shall not include any payment made to, or on behalf of, any employee pursuant to such plan. ``(B) Plan must have at least 1 participant.--Such term shall not include any expense in connection with a plan that does not have at least 1 employee eligible to participate who is not a highly compensated employee. ``(2) Eligible employer plan.--The term `eligible employer plan' means a student loan repayment plan administered by an employer through which the employer provides, for each employee for each year, qualified matching contributions. ``(3) Qualified matching contribution.--The term `qualified matching contribution' means an employer contribution made to an eligible employer plan on behalf of an employee on account of an employee contribution made by such employee if such employer contribution is at least the lesser of-- ``(A) the amount of such employee contribution, and ``(B) $2,000. ``(4) First credit year.--The term `first credit year' means-- ``(A) the taxable year which includes the date that the eligible employer plan to which such costs relate becomes effective, or ``(B) at the election of the eligible employer, the taxable year preceding the taxable year referred to in subparagraph (A). ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. All eligible employer plans shall be treated as 1 eligible employer plan. ``(2) Disallowance of deduction.--No deduction shall be allowed for that portion of the qualified startup costs paid or incurred for the taxable year which is equal to the credit determined under subsection (a). ``(3) Deduction for matching contribution.--For deductions for qualified matching contributions, see section 162. ``(4) Election not to claim credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year.''. (b) Conforming Amendments.-- (1) In general.--Subsection (b) of section 38 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the student loan program startup costs credit determined under section 45S(a).''. (2) Deduction for unused credit.--Subsection (c) of section 196 is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding at the end the following new paragraph: ``(15) the student loan program startup costs credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45S. Student loan program startup costs credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016.

Student Loan Repayment Act of 2016 This bill amends the Internal Revenue Code to allow a work opportunity tax credit for employers who hire a qualified student loan repayer. A "qualified student loan repayer" is any individual who is certified by the designated local agency as: (1) having at least an associate's degree, and (2) having outstanding education loans of at least $10,000. The bill also allows a business tax credit equal to 50% of the student loan program startup costs paid by employers during the year, subject to a limit of $500 per employee participating in the program. The credit applies to the ordinary and necessary expenses for the establishment or administration of a student loan repayment plan through which the employer provides specified annual matching contributions to each employee. The credit does not apply to payments made to, or on behalf of, any employee pursuant to the plan. An employer may claim the credit for three years if the employer has not established or maintained a plan for substantially the same employees during the three-year period immediately preceding the first year in which the credit is otherwise allowable.

Student Loan Repayment Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Philanthropy Protection Act of 1995''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendments to the Investment Company Act of 1940. Sec. 3. Amendment to the Securities Act of 1933. Sec. 4. Amendments to the Securities Exchange Act of 1934. Sec. 5. Amendment of the Investment Advisers Act of 1940. Sec. 6. Protection of philanthropy under State law. Sec. 7. Effective dates and applicability. SEC. 2. AMENDMENTS TO THE INVESTMENT COMPANY ACT OF 1940. (a) Exemption.--Section 3(c)(10) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(10)) is amended to read as follows: ``(10)(A) Any company organized and operated exclusively for religious, educational, benevolent, fraternal, charitable, or reformatory purposes-- ``(i) no part of the net earnings of which inures to the benefit of any private shareholder or individual; or ``(ii) which is or maintains a fund described in subparagraph (B). ``(B) For the purposes of subparagraph (A)(ii), a fund is described in this subparagraph if such fund is a pooled income fund, collective trust fund, collective investment fund, or similar fund maintained by a charitable organization exclusively for the collective investment and reinvestment of one or more of the following: ``(i) assets of the general endowment fund or other funds of one or more charitable organizations; ``(ii) assets of a pooled income fund; ``(iii) assets contributed to a charitable organization in exchange for the issuance of charitable gift annuities; ``(iv) assets of a charitable remainder trust or of any other trust, the remainder interests of which are irrevocably dedicated to any charitable organization; ``(v) assets of a charitable lead trust; ``(vi) assets of a trust, the remainder interests of which are revocably dedicated to or for the benefit of 1 or more charitable organizations, if the ability to revoke the dedication is limited to circumstances involving-- ``(I) an adverse change in the financial circumstances of a settlor or an income beneficiary of the trust; ``(II) a change in the identity of the charitable organization or organizations having the remainder interest, provided that the new beneficiary is also a charitable organization; or ``(III) both the changes described in subclauses (I) and (II); ``(vii) assets of a trust not described in clauses (i) through (v), the remainder interests of which are revocably dedicated to a charitable organization, subject to subparagraph (C); or ``(viii) such assets as the Commission may prescribe by rule, regulation, or order in accordance with section 6(c). ``(C) A fund that contains assets described in clause (vii) of subparagraph (B) shall be excluded from the definition of an investment company for a period of 3 years after the date of enactment of this subparagraph, but only if-- ``(i) such assets were contributed before the date which is 60 days after the date of enactment of this subparagraph; and ``(ii) such assets are commingled in the fund with assets described in one or more of clauses (i) through (vi) and (viii) of subparagraph (B). ``(D) For purposes of this paragraph-- ``(i) a trust or fund is `maintained' by a charitable organization if the organization serves as a trustee or administrator of the trust or fund or has the power to remove the trustees or administrators of the trust or fund and to designate new trustees or administrators; ``(ii) the term `pooled income fund' has the same meaning as in section 642(c)(5) of the Internal Revenue Code of 1986; ``(iii) the term `charitable organization' means an organization described in paragraphs (1) through (5) of section 170(c) or section 501(c)(3) of the Internal Revenue Code of 1986; ``(iv) the term `charitable lead trust' means a trust described in section 170(f)(2)(B), 2055(e)(2)(B), or 2522(c)(2)(B) of the Internal Revenue Code of 1986; ``(v) the term `charitable remainder trust' means a charitable remainder annuity trust or a charitable remainder unitrust, as those terms are defined in section 664(d) of the Internal Revenue Code of 1986; and ``(vi) the term `charitable gift annuity' means an annuity issued by a charitable organization that is described in section 501(m)(5) of the Internal Revenue Code of 1986.''. (b) Disclosure by Exempt Charitable Organizations.--Section 7 of the Investment Company Act of 1940 (15 U.S.C. 80a-7) is amended by adding at the end the following new subsection: ``(e) Disclosure by Exempt Charitable Organizations.--Each fund that is excluded from the definition of an investment company under section 3(c)(10)(B) of this Act shall provide, to each donor to such fund, at the time of the donation or within 90 days after the date of enactment of this subsection, whichever is later, written information describing the material terms of the operation of such fund.''. SEC. 3. AMENDMENT TO THE SECURITIES ACT OF 1933. Section 3(a)(4) of the Securities Act of 1933 (15 U.S.C. 77c(a)(4)) is amended by inserting after the semicolon at the end the following: ``or any security of a fund that is excluded from the definition of an investment company under section 3(c)(10)(B) of the Investment Company Act of 1940;''. SEC. 4. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934. (a) Exempted Securities.--Section 3(a)(12)(A) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(12)(A)) is amended-- (1) in clause (iv) by striking ``and'' at the end; (2) by redesignating clause (v) as clause (vi); and (3) by inserting after clause (iv) the following new clause: ``(v) any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund that is excluded from the definition of an investment company under section 3(c)(10)(B) of the Investment Company Act of 1940; and''. (b) Exemption From Broker-Dealer Provisions.--Section 3 of such Act (15 U.S.C. 78c) is amended by adding at the end the following new subsection: ``(e) Charitable Organizations.-- ``(1) Exemption.--Notwithstanding any other provision of this title, but subject to paragraph (2) of this subsection, a charitable organization, as defined in section 3(c)(10)(D) of the Investment Company Act of 1940, or any trustee, director, officer, employee, or volunteer of such a charitable organization acting within the scope of such person's employment or duties with such organization, shall not be deemed to be a `broker', `dealer', `municipal securities broker', `municipal securities dealer', `government securities broker', or `government securities dealer' for purposes of this title solely because such organization or person buys, holds, sells, or trades in securities for its own account in its capacity as trustee or administrator of, or otherwise on behalf of or for the account of-- ``(A) such a charitable organization; ``(B) a fund that is excluded from the definition of an investment company under section 3(c)(10)(B) of the Investment Company Act of 1940; or ``(C) a trust or other donative instrument described in section 3(c)(10)(B) of the Investment Company Act of 1940, or the settlors (or potential settlors) or beneficiaries of any such trust or other instrument. ``(2) Limitation on compensation.--The exemption provided under paragraph (1) shall not be available to any charitable organization, or any trustee, director, officer, employee, or volunteer of such a charitable organization, unless each person who, on or after 90 days after the date of enactment of this subsection, solicits donations on behalf of such charitable organization from any donor to a fund that is excluded from the definition of an investment company under section 3(c)(10)(B) of the Investment Company Act of 1940, is either a volunteer or is engaged in the overall fund raising activities of a charitable organization and receives no commission or other special compensation based on the number or the value of donations collected for the fund.''. (d) Conforming Amendment.--Section 12(g)(2)(D) of such Act (15 U.S.C. 78l(g)(2)(D)) is amended by inserting before the period ``; or any security of a fund that is excluded from the definition of an investment company under section 3(c)(10)(B) of the Investment Company Act of 1940''. SEC. 5. AMENDMENT OF THE INVESTMENT ADVISERS ACT OF 1940. Section 203(b) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3(b)) is amended-- (1) by striking ``or'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(4) any investment adviser that is a charitable organization, as defined in section 3(c)(10)(D) of the Investment Company Act of 1940, or is a trustee, director, officer, employee, or volunteer of such a charitable organization acting within the scope of such person's employment or duties with such organization, whose advice, analyses, or reports are provided only to one or more of the following: ``(A) any such charitable organization; ``(B) a fund that is excluded from the definition of an investment company under section 3(c)(10)(B) of the Investment Company Act of 1940; or ``(C) a trust or other donative instrument described in section 3(c)(10)(B) of the Investment Company Act of 1940, or the trustees, administrators, settlors (or potential settlors), or beneficiaries of any such trust or other instrument.''. SEC. 6. PROTECTION OF PHILANTHROPY UNDER STATE LAW. (a) Registration Requirements.--A security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund that is excluded from the definition of an investment company under section 3(c)(10)(B) of the Investment Company Act of 1940, and the offer or sale thereof, shall be exempt from any statute or regulation of a State that requires registration or qualification of securities. (b) Treatment of Charitable Organizations.--No charitable organization, or any trustee, director, officer, employee, or volunteer of a charitable organization acting within the scope of such person's employment or duties, shall be required to register as, or be subject to regulation as, a dealer, broker, agent, or investment adviser under the securities laws of any State because such organization or person buys, holds, sells, or trades in securities for its own account in its capacity as trustee or administrator of, or otherwise on behalf of or for the account of one or more of the following: (1) a charitable organization; (2) a fund that is excluded from the definition of an investment company under section 3(c)(10)(B) of the Investment Company Act of 1940; or (3) a trust or other donative instrument described in section 3(c)(10)(B) of the Investment Company Act of 1940, or the settlors (or potential settlors) or beneficiaries of any such trusts or other instruments. (c) State Action.--Notwithstanding subsections (a) and (b), during the 3-year period beginning on the date of enactment of this Act, a State may enact a statute that specifically refers to this section and provides prospectively that this section shall not preempt the laws of that State referred to in this section. (d) Definitions.--For purposes of this section-- (1) the term ``charitable organization'' means an organization described in paragraphs (1) through (5) of section 170(c) or section 501(c)(3) of the Internal Revenue Code of 1986; (2) the term ``security'' has the same meaning as in section 3 of the Securities Exchange Act of 1934; and (3) the term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 7. EFFECTIVE DATES AND APPLICABILITY. This Act and the amendments made by this Act shall apply in all administrative and judicial actions pending on or commenced after the date of enactment of this Act, as a defense to any claim that any person, security, interest, or participation of the type described in this Act and the amendments made by this Act is subject to the provisions of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, or the Investment Advisers Act of 1940, or any State statute or regulation preempted as provided in section 6 of this Act, except as otherwise specifically provided in such Acts or State law. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Philanthropy Protection Act of 1995 - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund maintained by a charitable organization exclusively for the collective investment and reinvestment of certain assets. Includes among such assets those of: (1) a charitable remainder trust or of any other trust the remainder interests of which are irrevocably dedicated to any charitable organization; (2) a trust the remainder interests of which are revocably dedicated to a charitable organization, subject to specified conditions; or (3) a trust the remainder interests of which are revocably dedicated to, or for the benefit of, one or more charitable organizations, if the ability to revoke is limited to specified circumstances. Deems such a charitable income fund, in specified circumstances, not to be an investment company under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to set forth disclosure requirements for exempt charitable organizations. Amends the Securities Exchange Act of 1934 to require solicitors of funds for such exempt charitable organizations to be volunteers or to be engaged in overall fund-raising activities of the organization but receiving no commission or other special compensation based on the amount of donations collected. Exempts such charitable organizations from State regulation in general, and such securities from State registration or qualification requirements in particular. Permits a State to enact a statute that specifically refers to this Act and provides prospectively that it does not preempt the laws of such State.

Philanthropy Protection Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Religious Minorities Persecuted by ISIS Act of 2015''. SEC. 2. PROCESSING MECHANISMS. Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall establish or use existing refugee processing mechanisms in Iraq and in other countries determined appropriate by the Secretary, through which aliens described in section 3(a) may apply and interview for admission to the United States as refugees. Such processing mechanisms shall ensure that background and security checks of such aliens are conducted, which shall include the use of biographic and biometric data to check an alien's identity against all appropriate records and databases maintained by the Secretary of Homeland Security, the Attorney General, the Secretary of State, and any other Federal agency determined appropriate by the Secretary of Homeland Security in order to determine any whether an alien may be inadmissible to the United States. SEC. 3. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES. (a) In General.--Refugees of special humanitarian concern eligible for Priority 2 processing under the refugee resettlement priority system who may apply directly to the United States Refugee Admissions Program shall include aliens who are or were nationals or residents of Iraq or Syria who have been persecuted or have a credible fear of being persecuted by the group commonly known as the Islamic State of Iraq and the Levant (or any successor name), or by a similar group, based on-- (1) the alien's membership in a minority group, including a religious or ethnic minority group; (2) the alien's gender; or (3) other characteristics identified by the Secretary of State, or the designee of the Secretary. (b) Eligibility for Admission as a Refugee.--No alien shall be denied the opportunity to apply for admission under this section solely because such alien-- (1) qualifies as an immediate relative; (2) is eligible for any other immigrant classification; or (3) was referred to apply for admission to the United States as a refugee by a United States nonprofit organization that is exempt from Federal income taxes under section 501(c)(3) of the Internal Revenue Code. (c) Permitting Certain Aliens Within Categories To Reapply for Refugee Status.--Each alien described in subsection (a) who after, June 1, 2014, and before the date of the enactment of this Act was denied refugee status shall be permitted to reapply for such status. Such an application shall be determined taking into account the application of this Act. (d) Protection of Aliens.--In the case that the Secretary of State, in consultation with the Secretary of Homeland Security, determines that an alien who is described in subsection (a) and who has applied for admission to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) using the processes under section 2 is in imminent danger, the Secretary shall make a reasonable effort to provide such alien with protection or the immediate removal from that country. SEC. 4. DETERMINATIONS OF REFUGEE APPLICATIONS. (a) Record of Determination.--The adjudicator of an application for admission to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) submitted by an alien who is described in section 3(a) using the processes under section 2 shall consider all relevant evidence and maintain a record of the evidence considered. (b) Legal Representation.--An applicant described in subsection (a) may be represented, including at a refugee interview, at no expense to the Government, by an attorney or accredited representative who-- (1) was chosen by the applicant; and (2) is authorized by the Secretary of Homeland Security to be recognized as the representative of such applicant in an adjudication under this section. (c) Written Decision Required.--A decision to deny an application of an alien described in subsection (a)-- (1) shall be in writing; and (2) shall provide, to the maximum extent feasible, information on the reason for the denial, including-- (A) the facts underlying the determination; (B) the basis of any negative credibility finding; and (C) whether there is a waiver of inadmissibility available to the applicant. (d) Review of Denials of Refugee Status.-- (1) In general.--Not later than 120 days after being denied admission to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), an applicant described in subsection (a) may file a request with the Secretary of Homeland Security for review of such denial. (2) Review by trained refugee officers.--Not later than 90 days after receiving a request for review under paragraph (1), a refugee officer who has received training on reviewing a denial described in paragraph (1), other than the refugee officer who adjudicated the alien's application for admission, shall review such denial. (3) Standard for review.--The Secretary shall publish on the Internet website of the Department of Homeland Security the standard to be applied to the review of a denial described in paragraph (1). (4) Decisions of requests for review.--A refugee officer reviewing a denial described in paragraph (1) may, upon review-- (A) affirm the denial; (B) reverse the denial; or (C) reopen the application and conduct further investigation and interviews to determine whether the denial should be affirmed or reversed. (5) Written decision required for affirmed denials.--In the case that the refugee officer reviewing the denial described in paragraph (1) affirms the denial, the decision affirming such denial shall-- (A) be in writing; and (B) provide, to the maximum extent feasible, information relating to the reason for the denial, including the information described in subsection (c)(2). SEC. 5. EXPEDITED SYSTEM FOR PRIORITY 2 REFUGEE PROCESSING. (a) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit to the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Foreign Relations of the Senate a report containing a plan to expedite the processing of applications for admission to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) of aliens described in section 3(a) who apply for admission using the processes under section 2, which shall include information relating to-- (1) expediting the processing of such refugees for resettlement, including through temporary expansion of the Refugee Corps of United States Citizenship and Immigration Services; (2) increasing the number of personnel of the Department of State and the Department of Homeland Security devoted to the processing of such applications; (3) streamlining existing systems for conducting background and security checks of such aliens; (4) establishing facilities to process such applications at appropriate locations in or near Erbil or Basrah, Iraq, and the processing of such applications in such facilities; and (5) the projections of the Secretary of Homeland Security for the number of refugee interviews that will be conducted pursuant to section 2 for each month of fiscal years 2016 and 2017, including the number of interviews that will be conducted pursuant to referrals from the Office of the United Nations High Commissioner for Refugees, and a plan to increase the number of such interviews. (b) Expedited Process.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall implement the plan contained in the report under subsection (a). SEC. 6. REPORTS. (a) Annual Report.--Not later than 120 days after the date of the enactment of this Act, and annually thereafter through 2018, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit to Congress an unclassified report, with a classified annex if necessary, which includes-- (1) an assessment of the financial, security, and personnel considerations and resources necessary to carry out the provisions of this Act; (2) the number of aliens described in section 3(a); (3) the number of such aliens who have applied for admission to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) using the processes under section 2; and (4) in the case of such applications pending for longer than 180 days, the reason that refugee status has not been granted in each such case. (b) Report on Video-Conference Refugee Interviews.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to Congress an unclassified report, with a classified annex if necessary, which includes-- (1) the number of aliens who applied for admission as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) in 2014 who are awaiting interviews in locations inaccessible to U.S. Citizenship and Immigration Services officers; (2) the number of locations worldwide to which Refugee Corps Officer circuit rides were suspended in 2014 due to security considerations; and (3) a proposal for how to implement interviews via video- conference for aliens who applied for admission the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), who currently reside in locations where Refugee Corps circuit rides have been suspended. SEC. 7. POLICY OF THE UNITED STATES GOVERNMENT. It is the policy of the United States government that when conflict arises, the United States, working in concert with the international community, should undertake its best efforts to protect local populations and enable them to remain in their home countries or neighboring host countries in safety and dignity; that when such conflicts produce forced international displacement, the United States government should contribute to efforts to provide a safe environment for displaced populations in their host countries until they can be safely and humanely repatriated once the conflict is over; that, in cases where refugees have been allowed by a host country to remain permanently in such country, the United States government should encourage such countries to integrate such refugees in safety and dignity; and that, in the case of refugees facing strong vulnerabilities during or after the conflict who determine that their best durable solution is third country resettlement, the United States, working with the international community, should do all it can to facilitate access to resettlement in another country, including resettlement to the United States when such refugees are of special humanitarian concern to the United States, such as the most vulnerable and those with family members in the United States.

Protecting Religious Minorities Persecuted by ISIS Act of 2015 This bill directs the Secretary of State to establish or use existing refugee processing mechanisms in Iraq and in other countries through which aliens from Iraq or Syria who have been persecuted, or have a credible fear of being persecuted, by the Islamic State of Iraq and the Levant (ISIS/ISIL), or a similar group, based on gender or religious or ethnic membership may apply directly to the United States Refugee Admissions Program for priority 2 refugee admission to the United States. The processing mechanisms shall ensure that background and security checks are conducted, including the use of biographic and biometric data. The Secretary of State shall: (1) report to Congress a plan to expedite the processing of refugee admissions applications for such aliens, and (2) implement the plan within 180 days of enactment of this Act. It is U.S. policy that when conflict arises the United States should: undertake efforts with the international community to protect local populations and enable them to remain safely in their home countries or in neighboring host countries until they can be safely repatriated; and facilitate third country resettlement if necessary, including U.S. resettlement when such refugees are of special humanitarian concern to the United States.

Protecting Religious Minorities Persecuted by ISIS Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian River Fisheries and Riverbed Restoration Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) California's Russian River and its tributaries contain anadromous fish resources that are an important component of the local, regional, and State commercial and sport recreational fisheries. The commercial and recreational harvest of Russian River salmon and steelhead has historically made an important contribution to local economies. (2) The Russian River supported one of the most productive steelhead fisheries in North America as recently as 1940. (3) In the recent past, the Russian River supported an abundant population of coho salmon and still contains a remnant population of this species, which has been proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (4) The Russian River provides numerous other beneficial uses to the many people who inhabit its basin. The River is a source of drinking and irrigation water, a popular destination for recreational water sports enthusiasts, the soil source for prime agricultural bottom lands, the primary local source of aggregate resources, and the source of hydroelectric power generated by 2 major dams. (5) Development of the Russian River for beneficial uses has resulted in the degradation of the river system's riparian areas, streambed, water quality and stream flows. The net result of construction and operation of dams and agricultural water diversions, water conveyance from the Eel River, past gravel mining, timber harvest practices, road building activities, and residential and agricultural development of flood plains has been a substantial degradation of fish habitat in the River. These environmental alterations have caused a major decline in salmon and steelhead fish populations in the River, and have also had a negative impact on several other beneficial uses. (6) The Federal Government, through the construction of Coyote Dam in Mendocino County and Warm Springs Dam in Sonoma County and the Russian River Flood Control Project, is substantially responsible for the loss and degradation of fish habitat in the River. (7) Overlapping Federal, State, and local jurisdictions have historically hampered fishery conservation efforts and prevented the Federal Government and the State of California from fulfilling their responsibilities to protect the River's anadromous fishery resources. (8) The California Department of Fish and Game has authority under State law to direct the restoration of the State's anadromous fishery resources in accordance with comprehensive river basin anadromous fisheries restoration plans. The department is in the process of developing a basin plan for the Russian River. (9) The California State Coastal Conservancy is in the process of producing a resource enhancement and restoration plan for the main stem of the Russian River. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To protect and restore the River's anadromous fish habitat for the purpose of optimizing production of salmon and steelhead. (2) To foster cooperation between Federal, State, and local agencies in protecting, restoring, and enhancing the River's anadromous fishery resources. (3) To construct a pilot project for the purpose of testing and demonstrating the benefits of large scale main stem river channel restoration and stream corridor management. (4) To review the operation of Federal dam and flood control projects and assess the environmental impacts of their operation on the River. (5) To provide matching funds, if necessary, for the development of the Program Plan, and to provide funds to begin implementation of the Program Plan and for monitoring and evaluating implementation of the program. SEC. 4. PILOT PROJECT TO REESTABLISH RIVER CHANNEL AND FLOODWAY; FISH HABITAT RESTORATION PROJECTS. (a) River Channel and Floodway Project.--The Administrator shall conduct 1 or more pilot projects on the main channel of the River which may be identified in the Resource Plan, to demonstrate measures to reestablish a channel and floodway in dynamic equilibrium with the River and to prevent the down cutting of the River bed. The goals of the pilot projects shall be to create in-stream fish and wildlife habitat, reduce bank erosion and loss of riparian vegetation, and accommodate high flows without accompanying damage to land or property. To the extent practicable, activities on the main river channel under the pilot project shall be integrated with projects on tributaries and basin-wide water management, and shall account for the physical and ecological interdependency within the watershed. This project will only be completed with willing landowners. The Administrator may contract with the California State Coastal Conservancy to carry out the pilot projects. (b) Fish Habitat Restoration Project.--The Chief, working through the Resource Conservation Districts and with the California Department of Fish and Game, shall carry out high priority fish habitat restoration projects on the River's tributaries or watershed restoration projects that are identified in and are consistent with the objectives of the Program Plan. (c) Cooperation With Other Agencies.--The Administrator and the Chief shall work with the United States Fish and Wildlife Service, National Marine Fisheries Service, Army Corps of Engineers, and the State of California in carrying out activities under this section. (d) Grants to States.--The Administrator and the Chief shall use their existing authorities to award grants or contracts (or both) to State or local agencies (or both) to carry out this section and for monitoring activities under this section. (e) Report.--Not later than September 30, 1996, the Administrator and the Chief shall each report to the Congress on progress made toward implementing this section. (f) Review of Coyote Dam and Warm Springs Dam.-- (1) Review.--The Secretary in consultation with the Director of the United States Fish and Wildlife Service shall review the effects of the operation and water release schedule of the Coyote Dam in Mendocino County on bank erosion problems, river channel down cutting, decreases in ground water supplies and scour of riparian habitat. The Secretary shall identify alternative release schedules which will reduce adverse impacts along the River and provide fisheries habitat benefits. The Secretary shall also review channel clearing and maintenance measures currently required along the Alexander Valley reach of the River channel as part of the Russian River Flood Control project for their adverse environmental effects on fisheries habitat in the River. The Secretary shall identify alternative measures which reduce bank erosion problems and promote riparian and fisheries habitat restoration while providing the same or higher level of flood water channel capacity as the original 1955 Federal project. Further, the Secretary shall review the effects that operation of Warm Springs dam will have on fish habitat in Dry Creek and downstream reaches of the River, including potential effects that the project will have on the middle reach of the River when fully operational. (2) Report.--Not later than September 30, 1996, the Secretary shall report to the Congress the results of the reviews under this subsection. SEC. 5. RUSSIAN RIVER BASIN ADVISORY COMMITTEE. (a) Establishment.--There is established an advisory committee which shall be composed of not more than 20 people selected by the Chief in consultation with the Administrator. The committee shall be representative of the various groups with an interest in the Russian River and shall be selected according to the following guidelines: (1) Members of the Russian River Enhancement Plan Technical Advisory Committees established by the California State Coastal Conservancy shall be considered if they choose to serve. (2) Membership shall include representatives of organized fishery groups even if not presently on the Russian River Enhancement Plan Technical Advisory Committees. (3) Membership shall be balanced geographically between Mendocino and Sonoma Counties. (4) Membership shall include representatives of State and Federal agencies involved in managing river natural resources but there shall be no more than 6 such members. (b) Functions.--The advisory group shall advise and assist the Administrator and the Chief regarding the implementation and monitoring of the activities authorized by this Act. (c) Chairman; Meetings.--The chairman of the advisory committee shall be a representative of a river fishery group who is chosen by majority vote of the advisory committee. The term of an individual as chairman shall be 2 years. The chairman shall call meetings of the advisory committee at least 4 times each year. The advisory committee, in consultation with the Administrator and the Chief, may establish its own order of business. SEC. 6. DEFINITIONS. In this Act: (1) The term ``Administrator'' means Administrator of the Environmental Protection Agency, acting through the Regional Administrator for the ninth region. (2) The term ``Chief'' means the Chief of the Soil Conservation Service. (3) The term ``Program Plan'' means the Russian River Basin Andromous Fisheries Restoration Plan being developed by the California Department of Fish and Game. (4) The term ``Resource Plan'' means the Russian River Resource Enhancement Plan being developed by the California State Coastal Conservancy. (5) The term ``River'' means the Russian River in California. (6) The term ``Secretary'' means the Secretary of the Army. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $7,000,000 for carrying out this Act for fiscal years beginning after September 30, 1993. $4,000,000 shall be allocated for the tributary restoration which shall include a maximum of $500,000 for completion of the Program Plan and a maximum of $100,000 for support services for the Basin Advisory Committee. $3,000,000 shall be allocated for the riverbed restoration pursuant to the Resource Plan. Such sums shall remain available until expended. A portion of the funding shall be used for Federal staff for accomplishing the goals.

Russian River Fisheries and Riverbed Restoration Act - Directs the Administrator of the Environmental Protection Agency to conduct one or more pilot projects on the main channel of the Russian River in California which may be identified in the Russian River Resource Enhancement Plan, to demonstrate measures to reestablish a channel and floodway in dynamic equilibrium with the River and to prevent the down cutting of the River bed. Requires the Chief of the Soil Conservation Service, working through the Resource Conservation Districts and with the California Department of Fish and Game, to carry out high priority fish habitat restoration projects on the River's tributaries or watershed restoration projects that are identified in and are consistent with the objectives of the Program Plan. Directs the Secretary of the Army, in consultation with the Director of the United States Fish and Wildlife Service, to review the effects of the operation and water release schedule of the Coyote Dam in Mendocino County on bank erosion problems, river channel down cutting, decreases in groundwater supplies and scour of riparian habitat. Requires the Secretary to review the effects that the operation of Warm Springs Dam in Sonoma County will have on fish habitat in Dry Creek and downstream reaches of the River, including potential effects that the project will have on the middle reach of the River when fully operational. Establishes the Russian River Basin Advisory Committee to advise and assist the Administrator and the Chief regarding the implementation and monitoring of the activities authorized by this Act. Authorizes appropriations.

Russian River Fisheries and Riverbed Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending and Economic Inequality Reduction Act of 2015''. SEC. 2. COMMUNITY ADVANTAGE PROGRAM. (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following: ``(35) Community advantage program.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `covered institution' means-- ``(I) a development company (as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662)) that is eligible to participate in the program established under title V of such Act (15 U.S.C. 695 et seq.); ``(II) a nonprofit intermediary (as defined in subsection (m)(11)); ``(III) a non-Federally regulated entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)); or ``(IV) any other nonprofit organization approved by the Small Business Administration; ``(ii) the term `program' means the Community Advantage Program established under subparagraph (B); ``(iii) the term `Reservist' means a member of a reserve component of the Armed Forces named in section 10101 of title 10, United States Code; ``(iv) the term `service-connected' has the meaning given that term in section 101(16) of title 38, United States Code; and ``(v) the term `small business concern in an underserved market' means a small business concern-- ``(I) that is located in-- ``(aa) a low- or moderate- income community; ``(bb) a HUBZone; or ``(cc) a community that has been designated as an empowerment zone or an enterprise community under section 1391 of the Internal Revenue Code of 1986; ``(II) that has more than 50 percent of employees residing in a low- or moderate-income community; ``(III) that has been in existence for not more than 2 years on the date on which a loan is made to the small business concern under the Community Advantage Program established under subparagraph (B); ``(IV) owned and controlled by veterans; ``(V) owned and controlled by service-disabled veterans; or ``(VI) not less than 51 percent of which is owned and controlled by 1 or more-- ``(aa) members of the Armed Forces participating in the Transition Assistance Program of the Department of Defense; ``(bb) Reservists; ``(cc) spouses of veterans, members of the Armed Forces, or Reservists; or ``(dd) surviving spouses of veterans who died on active duty or as a result of a service-connected disability. ``(B) Establishment.--There is established a Community Advantage Program, under which the Administration may guarantee loans made by covered institutions under this subsection, including loans made to small business concerns in underserved markets. ``(C) Requirements.--Not less than 60 percent of loans made by a covered institution under the program shall consist of loans made to small business concerns in underserved markets under the program. ``(D) Maximum loan amount.--The maximum loan amount under the program is $350,000. ``(E) Regulations.-- ``(i) In general.--Not later than 1 year after the date of enactment of this paragraph, the Administrator shall promulgate regulations to carry out the program, which shall be substantially similar to the Community Advantage Pilot Program of the Administration, as in effect on the day before the date of enactment of this paragraph. ``(ii) Pilot program.--Beginning on the date on which the regulations promulgated by the Administrator under clause (i) take effect, the Administrator may not carry out the Community Advantage Pilot Program of the Administration.''. (b) Technical and Conforming Amendment.--Section 3(r) of the Small Business Act (15 U.S.C. 632(r)) is amended-- (1) in paragraph (1), by inserting before the period at the end the following: ``, but does not include a covered institution, as defined in section 7(a)(35)(A)''; and (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking ``means a business concern'' and inserting the following: ``--'' ``(A) means a business concern if--''; (B) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and adjusting the margins accordingly; (C) in subparagraph (A)(iii), as so redesignated, by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(B) does not include a covered institution, as defined in section 7(a)(35)(A).''. SEC. 3. EXPANDING THE PURPOSES OF ADVANCES AND COLLATERAL AVAILABLE TO COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS. Section 10(a) of the Federal Home Loan Bank Act (12 U.S.C. 1430(a)) is amended-- (1) in paragraph (2)(B), by inserting ``or community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702))'' after ``community financial institution''; and (2) in paragraph (3)(E), by inserting ``or community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702))'' after ``community financial institution''.

Small Business Lending and Economic Inequality Reduction Act of 2015 This bill amends the Small Business Act to establish a Community Advantage Program, under which the Small Business Administration (SBA) may guarantee loans up to $350,000 made by specified kinds of institutions, including: development companies eligible for the state and local development company program, nonprofit intermediaries, non-federally regulated entities certified as community development financial institutions, and any other SBA-approved nonprofit organizations. At least 60% of these loans must be made to businesses in certain underserved markets, such as low- or moderate-income communities, HUBZones, empowerment zones, or enterprise communities. The SBA must promulgate regulations for this Program, which shall be substantially similar to its Community Advantage Pilot Program, which shall terminate when these regulations take effect. The Federal Home Loan Bank Act is amended to authorize Federal Home Loan Banks to make long-term secured advances to their members to provide funds to community development financial institutions. At the time of origination or renewal of a loan or advance, a Bank must obtain and maintain a security interest in collateral eligible pursuant to any secured loan for any community development financial institution.

Small Business Lending and Economic Inequality Reduction Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Educational Loans for Underserved Students Act''. SEC. 2. ADVERSE CREDIT HISTORY DETERMINATIONS FOR FEDERAL DIRECT PLUS LOAN ELIGIBILITY. Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Federal Direct PLUS Loans.-- ``(1) In general.--Beginning July 1, 2014, in determining the eligibility of a student to borrow Federal Direct PLUS Loans, the Secretary shall determine whether the student has an adverse credit history in accordance with paragraph (2). ``(2) Determination of adverse credit history.--In determining whether a student has an adverse credit history for purposes of paragraph (1), the Secretary-- ``(A) shall obtain a credit report on the student from at least one consumer reporting agency described under section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)) and within a timeframe that would ensure the most accurate, current representation of the student's credit history before the first day of the period of enrollment for which the loan is intended; ``(B) unless the Secretary determines that the student has extenuating circumstances, shall consider that a student has an adverse credit history based on the student's credit report, if-- ``(i) the student is considered 90 or more days delinquent on the repayment of a debt exceeding $2,000; or ``(ii) during the 3 years before the date of the credit report, the student has been the subject of a-- ``(I) default determination; ``(II) bankruptcy discharge; ``(III) foreclosure; ``(IV) repossession; ``(V) tax lien; ``(VI) wage garnishment; or ``(VII) write-off of a debt under this title; ``(C) shall not consider a student with debt that is unrelated to loans made under this title and that, as of the date of the student's credit report, are in collections or have been charged off, to have an adverse credit history and shall not deny a Federal Direct PLUS Loan to the student for having such debt; ``(D) shall require that any student described in subparagraph (C) or a student who has been the subject of 1 or more of the actions described in subclauses (I) through (VII) of subparagraph (B)(ii) during a period ending more than 3 years before the date of the student's credit report, to participate in loan counseling provided by the applicable institution of higher education as a condition of being eligible to receive a Federal Direct PLUS Loan; ``(E) shall not consider a student with no credit history as an individual with an adverse credit history, and shall not use a student's absence of credit history as a reason to deny a Federal Direct PLUS Loan to such student; ``(F) shall retain a record of the Secretary's basis for determining that the student has extenuating circumstances under subparagraph (B), which may include an updated credit report, debt related to a medical condition, a statement from a creditor that the student has made satisfactory arrangements to repay the debt owed to the creditor, a satisfactory statement from the student explaining any delinquencies with outstanding balances of less than $2,000, or a reduction of the credit requirements under this subsection in response to a natural disaster or poor economic conditions that are unforeseen or prolonged; and ``(G) in a case in which the Secretary determines that a student does not to have an adverse credit history in accordance with this subsection, shall consider such determination to be in effect for a 2- year period beginning on the date the Secretary makes such determination. ``(3) Definition.--For purposes of this subsection, the term `student' means a graduate or professional student or the parents of a dependent student.''. SEC. 3. INAPPLICABILITY OF TITLE IV NEGOTIATED RULEMAKING REQUIREMENT AND MASTER CALENDAR EXCEPTION. Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the amendment made by section 2, or to any regulations promulgated under such amendment.

Protecting Educational Loans for Underserved Students Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to establish criteria for the Secretary of Education to use in determining whether the credit history of applicants for William D. Ford Federal Direct PLUS loans renders them ineligible for such loans. (Federal Direct PLUS loans are provided to graduate or professional degree students and the parents of dependent undergraduate students.) Directs the Secretary to consider an applicant to have an adverse credit history on the basis of his or her credit report, absent a determination that the applicant has extenuating circumstances, if : (1) the applicant is 90 or more days delinquent on the repayment of a debt exceeding $2,000; or (2) during the three years before the credit report date, the applicant has been subject to a default determination, bankruptcy discharge, foreclosure, repossession, tax lien, wage garnishment, or write-off of a title IV debt. Requires applicants that have been subject to such actions to participate in loan counseling provided by the applicable institution of higher education before becoming eligible for Federal Direct PLUS loans. Prohibits the Secretary from: (1) denying a Federal Direct PLUS loan to an applicant for having debt that is unrelated to title IV loans and is in collection or has been charged off, provided the applicant participates in such loan counseling; or (2) using the applicant's lack of a credit history as a reason to deny a Federal Direct PLUS loan to such applicant. Requires the Secretary to retain a record of the Secretary's basis for determining that an applicant has extenuating circumstances that make the applicant eligible for a Federal Direct PLUS loan despite having an adverse credit history. Makes the Secretary's determination that an applicant does not have an adverse credit history effective for the two years following such determination.

Protecting Educational Loans for Underserved Students Act

SECTION 1. FEDERAL HOUSING ADMINISTRATION MORTGAGE INSURANCE PROGRAMS. (a) Mortgage Amount Limits for Elevator-Type Structures.-- (1) Amendments.--Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is amended-- (A) in section 207(c)(3)(A) (12 U.S.C. 1713(c)(3)(A))-- (i) by inserting ``with sound standards of construction and design'' after ``elevator-type structures''; and (ii) by striking ``to not to exceed'' and all that follows through the semicolon at the end and inserting ``by not more than 50 percent of the amounts specified in this subparagraph for each unit size;''; (B) in section 213(b)(2)(A) (12 U.S.C. 1715e(b)(2)(A))-- (i) by inserting ``with sound standards of construction and design'' after ``consist of elevator-type structures''; and (ii) by striking ``to not to exceed'' and all that follows through ``; (B)(i)'' and inserting ``by not more than 50 percent of the amounts specified in this subparagraph for each applicable family unit size; (B)(i)''; (C) in section 220(d)(3)(B)(iii)(I) (12 U.S.C. 1715k(d)(3)(B)(iii)(I))-- (i) by inserting ``with sound standards of construction and design'' after ``consist of elevator-type structures''; and (ii) by striking ``family unit not to exceed'' and all that follows through ``design; and'' and inserting ``family unit by not more than 50 percent of the amounts specified in this subclause for each applicable family unit size; and''; (D) in section 221(d) (12 U.S.C. 1715l(d))-- (i) in paragraph (3)(ii)(I)-- (I) by inserting ``with sound standards of construction and design'' after ``consist of elevator-type structures''; and (II) by striking ``to not to exceed'' and all that follows through ``design;'' and inserting ``by not more than 50 percent of the amounts specified in this subclause for each applicable family unit size;''; and (ii) in paragraph (4)(ii)(I)-- (I) by inserting ``with sound standards of construction and design'' after ``consist of elevator-type structures''; and (II) by striking ``to not to exceed'' and all that follows through ``design;'' and inserting ``by not more than 50 percent of the amounts specified in this subclause for each applicable family unit size;''; (E) in section 231(c)(2)(A) (12 U.S.C. 1715v(c)(2)(A))-- (i) by inserting ``with sound standards of construction and design'' after ``consist of elevator-type structures''; and (ii) by striking ``to not to exceed'' and all that follows through ``design;'' and inserting ``by not more than 50 percent of the amounts specified in this subparagraph for each applicable family unit size;''; and (F) in section 234(e)(3)(A) (12 U.S.C. 1715y(e)(3)(A))-- (i) by inserting ``with sound standards of construction and design'' after ``consist of elevator-type structures''; and (ii) by striking ``to not to exceed'' and all that follows through ``sound standards of construction and design;'' and inserting ``by not more than 50 percent of the amounts specified in this subparagraph for each applicable family unit size;''. (b) Mortgage Amount Limits for Extremely High-Cost Areas.--Section 214 of the National Housing Act (12 U.S.C. 1715d) is amended-- (1) in the first sentence-- (A) by inserting ``or with respect to projects consisting of more than 4 dwelling units located in an extremely high-cost area, as determined by the Secretary'' after ``or the Virgin Islands,''; (B) by striking ``or the Virgin Islands without sacrifice'' and inserting ``or the Virgin Islands, or to construct projects consisting of more than 4 dwelling units on property located in an extremely high-cost area, as determined by the Secretary, without sacrifice''; and (C) by striking ``or the Virgin Islands in such'' and inserting ``or the Virgin Islands, or with respect to projects consisting of more than 4 dwelling units located in an extremely high-cost area, as determined by the Secretary, in such''; (2) in the second sentence-- (A) by striking ``the Virgin Islands shall'' and inserting ``the Virgin Islands, or with respect to a project consisting of more than 4 dwelling units located in an extremely high-cost area, as determined by the Secretary, shall''; and (B) by striking ``Virgin Islands:'' and inserting ``Virgin Islands, or in the case of a project consisting of more than 4 dwelling units in an extremely high-cost area as determined by the Secretary, in such extremely high-cost area:''; and (3) in the section heading, by striking ``and the virgin islands'' and inserting ``the virgin islands, and extremely high-cost areas''. (c) Effective Date.--The amendments made by this Act shall apply to mortgages insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.) on and after the date of enactment of this Act.

Amends the National Housing Act to revise the maximum mortgage loan principal amounts the Secretary of Housing and Urban Development (HUD) may insure for elevator-type multifamily structures for: (1) rental housing; (2) cooperative housing; (3) rehabilitation and neighborhood conservation housing; (4) housing for moderate income and displaced families; (5) housing for elderly persons; and (6) condominiums. Replaces the current specific dollar amount limitations per family unit by which the insurable mortgage principal obligation for elevator-type multifamily structures may be increased. Prescribes instead an increase limitation per family unit of up to 50% higher than the corresponding limitations for non-elevator-type multifamily structures. Authorizes the Secretary to prescribe a higher maximum (up to 50%) for the principal obligation of mortgages insured for multifamily projects located in an extremely high-cost area (similar to that for mortgage insurance for property in Alaska, Guam, Hawaii, and the Virgin Islands).

A bill to increase the maximum mortgage amount limitations under the Federal Housing Administration mortgage insurance programs for multi-family housing projects with elevators and for extremely high-cost areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Taxing the Second Amendment Act of 2016''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress find the following: (1) The individual right to keep and bear arms protected by the Second Amendment to the Constitution includes the right to acquire firearms and ammunition without undue burdens. (2) Jurisdictions have imposed taxes or fees on the acquisition of firearms and ammunition that inhibit the exercise of the Second Amendment, particularly among individuals of limited means. (3) Local taxation of firearms and ammunition suppresses lawful interstate commerce that is vital to a robust Second Amendment to the Constitution. (4) The Congress has the authority to regulate interstate commerce in firearms and ammunition to ensure that States are not suppressing access to these lawful products. (5) The singling out of firearms and ammunition for special taxation as a means to suppress their acquisition is an infringement of the Second Amendment and disproportionately affects those in low income communities whose need for self- defense may be especially acute. (b) Purpose.--The purpose of this Act is to prevent States or local jurisdictions from using their taxing power to suppress lawful interstate commerce and protected constitutional activity. SEC. 3. LIMITATION ON AUTHORITY TO IMPOSE STATE AND LOCAL TAXES ON SALES OF CERTAIN FIREARMS AND AMMUNITION. No State or local government may impose a tax on the sale of firearms (or of any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or on the sale of ammunition (or of any certain type of ammunition) that has moved in or that otherwise affects interstate commerce. SEC. 4. LIMITATION ON AUTHORITY TO IMPOSE STATE AND LOCAL TAXES PAYABLE FOR CONDUCTING BACKGROUND CHECKS INCIDENT TO THE SALE OF FIREARMS AND AMMUNITION. No State or local government may-- (1) impose a tax payable to conduct a background check incident to the sale of firearms (or any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or to the sale of ammunition (or any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, if the respective State or local government does not have in effect on the date of the enactment of this Act a tax payable to conduct a background check incident to the sale of firearms or ammunition, or (2) increase the rate of a tax imposed to conduct background checks incident to the sale of firearms (or any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or to the sale of ammunition (or any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, in effect on the date of the enactment of this Act payable to conduct such checks. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Ammunition.--The term ``ammunition'' has the meaning given such term in section 921 of title 18 of the United States Code. (2) Background check.--The term ``background check'' means a check performed by the system then in effect under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) or pursuant to any State law that mandates an inquiry into a individual's criminal, mental health, or other personal history as a prerequisite to the transfer or acquisition of a firearm. (3) Firearm.--The term ``firearm'' has the meaning given such term in section 921 of title 18 of the United States Code. (4) Local government.--The term ``local government'' means a political subdivision of a State. (5) Sale.--The term ``sale'' means transfer, sell, trade, or give for value or otherwise. (6) State.--The term ``State'' means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States. (7) Tax.--The term ``tax'' means a tax, fee, or charge payable to the State or local government. SEC. 6. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any person, entity, or circumstance, shall not be affected thereby. SEC. 7. EFFECTIVE DATE; APPLICATION OF ACT. (a) Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Application of Act.--This Act shall not apply with respect to any liability for taxes accrued and enforced before the date of enactment of this Act or to ongoing litigation relating to such taxes.

Stop Taxing the Second Amendment Act of 2016 This bill prohibits a state or local government from imposing a tax on a firearm or ammunition sale that affects interstate commerce. Additionally, it prohibits a state or local government from imposing a new tax or increasing an existing tax on a background check incident to a firearm or ammunition sale.

Stop Taxing the Second Amendment Act of 2016

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Relief Act of 1999''. (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. (c) Section 15 Not To Apply.--No amendment made by section 3 shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. FINDINGS. The Congress hereby finds that-- (1) the first Federal budget surplus in almost 30 years was realized at the end of fiscal year 1998 and additional annual surpluses are anticipated; (2) in anticipation of such surpluses, a systematic plan should be put in place to retire our $5,500,000,000,000 debt while restoring the social security and other trust funds; and (3) once such a plan has been adopted in the context of a balanced Federal budget and as an alternative to new Government spending, Congress should provide broad-based tax relief that will allow hard-working Americans to keep more of what they earn and the freedom to provide for their own needs. SEC. 3. REDUCTION OF INCOME TAX RATES; ELIMINATION OF MARRIAGE PENALTY. (a) General Rule.--Section 1 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $70,000............... 15% of taxable income. Over $70,000 but not over $104,050. $10,500, plus 28% of the excess over $70,000. Over $104,050 but not over $158,550. $20,034, plus 31% of the excess over $104,050. Over $158,550 but not over $283,150. $36,929, plus 36% of the excess over $158,550. Over $283,150.................. $81,785, plus 39.6% of the excess over $283,150. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $52,600............... 15% of taxable income. Over $52,600 but not over $89,150. $7,890, plus 28% of the excess over $52,600. Over $89,150 but not over $144,400. $18,124, plus 31% of the excess over $89,150. Over $144,400 but not over $283,150. $35,251.50, plus 36% of the excess over $144,400. Over $283,150.................. $85,201.50, plus 39.6% of the excess over $283,150. ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $35,000............... 15% of taxable income. Over $35,000 but not over $62,450. $5,250, plus 28% of the excess over $35,000. Over $62,450 but not over $130,250. $12,936, plus 31% of the excess over $62,450. Over $130,250 but not over $283,150. $33,954, plus 36% of the excess over $130,250. Over $283,150.................. $88,998, plus 39.6% of the excess over $283,150. ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $35,000............... 15% of taxable income. Over $35,000 but not over $52,025. $5,250, plus 28% of the excess over $35,000. Over $52,025 but not over $79,275. $10,017, plus 31% of the excess over $52,025. Over $79,275 but not over $141,575. $18,464.50, plus 36% of the excess over $79,275. Over $141,575.................. $40,892.50, plus 39.6% of the excess over $141,575. ``(e) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,750................ 15% of taxable income. Over $1,750 but not over $4,050 $262.50, plus 28% of the excess over $1,750. Over $4,050 but not over $6,200 $906.50, plus 31% of the excess over $4,050. Over $6,200 but not over $8,450 $1,573, plus 36% of the excess over $6,200. Over $8,450.................... $2,383, plus 39.6% of the excess over $8,450.''. (b) Conforming Amendments.-- (1) Subsection (f) of section 1 is amended-- (A) by striking ``1993'' in paragraph (1) and inserting ``1999'', (B) by striking ``1992'' in paragraph (3)(B) and inserting ``1998'', and (C) by striking paragraph (7). (2) The following provisions are each amended by striking ``1992'' and inserting ``1998'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 135(b)(2)(B)(ii). (H) Section 151(d)(4). (I) Section 220(g)(2). (J) Section 221(g)(1)(B). (K) Section 512(d)(2)(B). (L) Section 513(h)(2)(C)(ii). (M) Section 685(c)(3)(B). (N) Section 877(a)(2). (O) Section 911(b)(2)(D)(ii)(II). (P) Section 2032A(a)(3)(B). (Q) Section 2503(b)(2)(B). (R) Section 2631(c)(1)(B). (S) Section 4001(e)(1)(B). (T) Section 4261(e)(4)(A)(ii). (U) Section 6039F(d). (V) Section 6323(i)(4)(B). (W) Section 6601(j)(3)(B). (X) Section 7430(c)(1). (3) Subclause (II) of section 42(h)(6)(G)(i) is amended by striking ``1987'' and inserting ``1998''. (4) Subparagraph (B) of section 6334(g)(1) is amended by striking ``by substituting `calendar year 1998' for `calendar year 1992' in subparagraph (B) thereof''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Middle Class Tax Relief Act of 1999 - Amends the Internal Revenue Code to revise tax rates for: (1) married individuals filing joint returns and surviving spouses (eliminates the marriage penalty); (2) heads of households; (3) other individuals; and (4) estates and trusts.

Middle Class Tax Relief Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elie Wiesel Youth Leadership Congressional Fellowship Act of 2001''. SEC. 2. FINDINGS. Congress finds as follows: (1) The participation of young people in public life is thwarted by perceptions that the legislative process is corrupted by special interests which overwhelm ethical concerns in the consideration and formation of public policy, and by a feeling among young people that idealism is disrespected by elected officials. (2) Elie Wiesel's leadership against indifference, intolerance, and injustice encourages political activism by all members of society, and in particular provides inspiration to our youth. (3) Elie Wiesel is a fitting role model for the youth of America. (4) Elie Wiesel has dedicated his life to leadership for social justice and equality for all. He is a survivor of the Holocaust and has worked tirelessly to gain acknowledgment of the atrocities suffered by the Jewish people. (5) Elie Wiesel has published over 40 books dealing with the moral responsibility of all people to fight hatred, racism, and genocide. (6) Elie Wiesel was awarded the Nobel Peace Prize, the Congressional Gold Medal, and the Presidential Medal of Freedom in recognition of his many contributions to human rights. (7) A congressional fellowship can create opportunities for young leaders by enabling them to observe directly how public decisions are made. (8) A congressional fellowship can be designed to allow youth to focus on ethical decision-making in preparation for future leadership roles. (9) Such a congressional fellowship should be named the Elie Wiesel Youth Leadership Congressional Fellowship after Elie Wiesel, because Elie Wiesel's service to society will complement and inspire the Fellowship's purpose of developing ethically informed youth leadership. SEC. 3. ESTABLISHMENT OF CONGRESSIONAL FELLOWSHIP PROGRAM. (a) In General.--There is hereby established the Elie Wiesel Youth Leadership Congressional Fellowship Program, under which each Member of the House of Representatives may hire for the month of July in any year one additional employee who meets the eligibility criteria described in subsection (b) to serve as the Elie Wiesel Youth Leadership Congressional Fellow for the Member's office. (b) Criteria for Eligibility.-- (1) In general.--An individual is eligible to serve as an Elie Wiesel Youth Leadership Congressional Fellow for the office of a Member of the House of Representatives if the individual meets such criteria as the Committee on House Administration (in conjunction with the Elie Wiesel Foundation) may establish. (2) Specific information and assurances.--Under the criteria established under paragraph (2), an individual shall not be eligible to serve as a Fellow for the office of a Member of the House of Representatives unless the individual provides the following: (A) A certification that the individual is a resident of the district the Member represents. (B) A certification that the individual attended secondary school during the academic year immediately preceding the period of the individual's service as the Fellow for the Member's office. (C) A recommendation certifying that the individual is of a high moral character. (D) An assurance that during the period of the individual's service as the Fellow for the Member's office, the individual will participate in leadership and ethics courses offered by the Elie Wiesel Foundation. (c) Compensation.-- (1) Allowance for fellows.--A Member of the House of Representatives shall pay the Elie Wiesel Youth Leadership Congressional Fellow serving in the Member's office an allowance of $1,400, to be paid out of the applicable accounts of the House of Representatives. (2) Administrative expenses.--The Chief Administrative Officer of the House of Representatives shall make an annual payment out of the applicable accounts of the House of Representatives to the Elie Wiesel Foundation in an amount equal to the product of-- (A) the number of Elie Wiesel Youth Leadership Congressional Fellows serving for Members of the House of Representatives during the year; and (B) $100. SEC. 4. NO EFFECT ON NUMBER OF EMPLOYEES OR MEMBER'S REPRESENTATIONAL ALLOWANCE. The employment of an Elie Wiesel Youth Leadership Congressional Fellow by a Member of the House of Representatives, and the payment of an allowance to such a Fellow by a Member, shall be in addition to all personnel and allowances otherwise made available to Members under other provisions of law, rule, or other authority. SEC. 5. ARRANGEMENTS FOR SUPERVISED HOUSING AND TRANSPORTATION. The Chief Administrative Officer of the House of Representatives shall make arrangements for supervised housing for Elie Wiesel Youth Leadership Congressional Fellows at such facilities as the Chief Administrative Officer determines are available and appropriate (including the House Page Dorm, to the extent that space is available), and (upon request) for transportation for such Fellows to and from the District of Columbia. SEC. 6. REGULATIONS. The Committee on House Administration shall prescribe such regulations as may be necessary to carry out this Act. SEC. 7. DEFINITION. In this Act, the term ``Member of the House of Representatives'' includes a Delegate or Resident Commissioner to the Congress.

Elie Wiesel Youth Leadership Congressional Fellowship Act of 2001 - Establishes the Elie Wiesel Youth Leadership Congressional Fellowship Program, under which each Member of the House of Representatives may hire for the month of July in any year one additional employee who meets specified eligibility criteria to serve as the Elie Wiesel Youth Leadership Congressional Fellow for the Member's office.Requires the Chief Administrative Officer of the House to make arrangements for supervised housing and transportation to and from the District of Columbia for such Fellows.

To establish the Elie Wiesel Youth Leadership Congressional Fellowship Program in the House of Representatives, and for other purposes.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Regulatory Easement for Lending Institutions that Enable a Vibrant Economy Act of 2014'' or the ``RELIEVE Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. TITLE I--EXPANSION OF SMALL BANK HOLDING COMPANY POLICY STATEMENT DEFINITION Sec. 101. Changes required to small bank holding company policy statement on assessment of financial and managerial factors. Sec. 102. Conforming amendment. Sec. 103. Definitions. TITLE II--QUALIFIED MORTGAGES FOR RURAL LENDERS Sec. 201. Qualified mortgages for rural lenders. TITLE III--INSURANCE OF AMOUNTS HELD ON BEHALF OF OTHERS Sec. 301. Insurance of amounts held on behalf of others. TITLE I--EXPANSION OF SMALL BANK HOLDING COMPANY POLICY STATEMENT DEFINITION SEC. 101. CHANGES REQUIRED TO SMALL BANK HOLDING COMPANY POLICY STATEMENT ON ASSESSMENT OF FINANCIAL AND MANAGERIAL FACTORS. (a) In General.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System (hereafter in this Act referred to as the ``Board'') shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225 appendix C) that provide that the policy shall apply to bank holding companies and savings and loan holding companies which have pro forma consolidated assets of less than $1,000,000,000 and that-- (1) are not engaged in significant nonbanking activities either directly or through a nonbank subsidiary; (2) do not conduct significant off-balance sheet activities (including securitization and asset management or administration) either directly or through a nonbank subsidiary; and (3) do not have a material amount of debt or equity securities outstanding (other than trust preferred securities) that are registered with the Securities and Exchange Commission. (b) Exclusions.--The Board may exclude any bank holding company or savings and loan holding company, regardless of asset size, from the policy statement under subsection (a) if the Board determines that such action is warranted for supervisory purposes. SEC. 102. CONFORMING AMENDMENT. Section 171(b)(5)(C) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5371(b)(5)(C)) is amended by inserting ``or small savings and loan holding company'' after ``any small bank holding company''. SEC. 103. DEFINITIONS. For the purposes of this title: (a) Bank Holding Company.--The term ``bank holding company'' has the same meaning as in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841). (b) Savings and Loan Holding.--The term ``savings and loan holding company'' has the same meaning as in section 10(a) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)). TITLE II--QUALIFIED MORTGAGES FOR RURAL LENDERS SEC. 201. QUALIFIED MORTGAGES FOR RURAL LENDERS. Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C. 1639c(b)(2)) is amended-- (1) in subparagraph (E)(vi)(II), by striking ``a limit set by the Board'' and inserting ``1,000 per year''; and (2) by inserting after subparagraph (E) the following: ``(F) Rural.--The term `rural' means any area other than-- ``(i) a city or town that has a population of greater than 50,000 inhabitants; and ``(ii) any urbanized area contiguous and adjacent to a city or town described in clause (i).''. TITLE III--INSURANCE OF AMOUNTS HELD ON BEHALF OF OTHERS SEC. 301. INSURANCE OF AMOUNTS HELD ON BEHALF OF OTHERS. Section 207(k) of the Federal Credit Union Act (12 U.S.C. 1787(k)) is amended-- (1) in paragraph (1)(A)-- (A) by inserting after ``payable to any member'' the following: ``, or to any person with funds lawfully held in a member account,''; and (B) by striking ``and paragraphs (5) and (6)''; (2) in paragraph (2)(A), by striking ``(as determined under paragraph (5))''; (3) by redesignating paragraph (5) as paragraph (6); and (4) by inserting after paragraph (4) the following: ``(5) Coverage for interest on lawyers trust accounts and other similar escrow accounts.-- ``(A) Pass-through insurance.--The Administration shall provide pass-through share insurance for the deposits or shares of any interest on lawyers trust account (commonly referred to as `IOLTA') or other similar escrow accounts. ``(B) Treatment of ioltas.-- ``(i) Treatment as escrow accounts.--For share insurance purposes, IOLTAs are treated as escrow accounts. ``(ii) Treatment as member accounts.-- IOLTAs and other similar escrow accounts are considered member accounts for purposes of paragraph (1), if the attorney administering the IOLTA or the escrow agent administering the escrow account is a member of the insured credit union in which the funds are held. ``(C) Definitions.--For purposes of this paragraph: ``(i) Interest on lawyers trust account.-- The terms `interest on lawyers trust account' or `IOLTA' mean a system in which lawyers place certain client funds in interest-bearing or dividend-bearing accounts, with the interest or dividends then used to fund programs such as legal service organizations who provide services to clients in need. ``(ii) Pass-through share insurance.--The term `pass-through share insurance' means, with respect to IOLTAs and other similar escrow accounts, insurance coverage based on the interest of each person on whose behalf funds are held in such accounts by the attorney administering the IOLTA or the escrow agent administering a similar escrow account, in accordance with regulations issued by the Administration. ``(D) Rule of construction.--No provision of this paragraph shall be construed as authorizing an insured credit union to accept the deposits of an IOLTA or similar escrow account in an amount greater than such credit union is authorized to accept under any other provision of Federal or State law.''.

Regulatory Easement for Lending Institutions that Enable a Vibrant Economy Act of 2014 or the RELIEVE Act - Directs the Board of Governors of the Federal Reserve System to publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors that apply the policy (unless exclusion is warranted for supervisory purposes) to bank holding companies and savings and loan holding companies with pro forma consolidated assets of less than $1 billion, and which: are not engaged in significant nonbanking activities either directly or through a nonbank subsidiary, do not conduct significant off-balance sheet activities (including securitization and asset management or administration) either directly or through a nonbank subsidiary, and do not have a material amount of debt or equity securities outstanding (other than trust preferred securities) registered with the Securities and Exchange Commission (SEC). Amends the Truth in Lending Act to limit to a city or town with under 50,000 inhabitants the meaning of "rural" with respect to rural lenders which may presume that the applicant for a residential mortgage loan has a reasonable ability to repay the loan and all applicable taxes, insurance, and assessments. Amends the Federal Credit Union Act regarding insured amounts payable in connection with a bankrupt state-chartered credit union for which the National Credit Union Administration (NCUA) Board is the liquidating agent. Revises requirements relating to the limitation to the standard maximum share insurance amount ($250,000) for the net amount of share insurance payable to any member at an insured credit union in the event of such a bankruptcy. Applies the limitation also to any person with funds lawfully held in a member account. Requires the Board to provide pass-through share insurance paid by certain lawyers administering deposits or shares of any interest on a lawyer's trust account (IOLTA), or paid by the escrow agent administering other similar escrow accounts. Defines "IOLTA" as a system in which lawyers place certain client funds in interest-bearing or dividend-bearing accounts, with the interest or dividends then used to fund programs such as legal service organizations providing services to clients in need. Treats IOLTAs as escrow accounts for share insurance purposes, and considers them as member accounts if the administering attorney or escrow agent is a member of the insured credit union in which the funds are held.

RELIEVE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zero Tolerance for Repeat Polluters Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) if a person or entity that is the subject of a civil enforcement action under an environmental law has previously violated an environmental law at the same site or facility or for the same regulated activity, the person or entity-- (A) was apparently not deterred by the previous Federal or State enforcement action; and (B) should be subject to an additional penalty to achieve the goal of deterrence; and (2) because of the daily penalty maximums specified in environmental law in effect on the date of enactment of this Act, the penalty assessed for a violation that results in a single catastrophic event may not be great enough to reflect the serious actual or potential public health or environmental consequences of the violation. (b) Purpose.--The purpose of this Act is to provide for the assessment of an increased civil penalty in a case in which-- (1) a person or entity that is the subject of a civil environmental enforcement action has previously violated an environmental law at the same site or facility or for the same regulated activity; or (2) a violation of an environmental law results in a catastrophic event. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means-- (A) the Administrator of the Environmental Protection Agency; and (B) to the extent that a State has been delegated, authorized, or approved authority to enforce an environmental law, the State. (2) Environmental law.--The term ``environmental law'' means any of the following laws (including any regulation, permit, or other requirement, any administrative or judicial judgment, settlement agreement, order or decree on consent, and any administrative or judicial order issued or imposed under any such law): (A) The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). (B) The Toxic Substances Control Act (15 U.S.C. 2601 et seq.). (C) The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (D) The Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.). (E) The Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.). (F) The Shore Protection Act of 1988 (33 U.S.C. 2601 et seq.). (G) The Safe Drinking Water Act (42 U.S.C. 300f et seq.). (H) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (I) The Clean Air Act (42 U.S.C. 7401 et seq.). (J) The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (K) The Emergency Planning and Community Right-To- Know Act of 1986 (42 U.S.C. 11001 et seq.). (L) Chapter 51 of title 49, United States Code. (M) Chapter 601 of title 49, United States Code. (3) Person.--The term ``person'' means a person, site or facility owner or operator, or other responsible party identified under a law listed in paragraph (2). (4) Related party.--The term ``related party'' means-- (A) a person having a relationship described in Section 267(b) of the Internal Revenue Code of 1986 to the owner or operator; and (B) a predecessor of the owner or operator (including, in the case of a merger of 2 or more independent corporations, each of the previously independent corporations). (5) Repeat violation.--The term ``repeat violation'' means the violation by a repeat violator that is the subject of a finding and enforcement action, criminal action, or other agency action described in paragraph (6). (6) Repeat violator.--The term ``repeat violator'' means a person that has been found, in a final Federal or State administrative, criminal, or civil judicial action, order, settlement agreement, or consent decree, to have violated-- (A) the same environmental law at the same site or facility or for the same regulated activity at least twice during the preceding 5-year period; or (B) any environmental law at the same site or facility or for the same regulated activity at least twice during the preceding 3-year period. SEC. 4. ADDITIONAL PENALTY FOR REPEAT VIOLATIONS. (a) In General.--In a civil judicial or administrative proceeding brought against a repeat violator for a subsequent violation of the same environmental law or separate environmental laws at 1 or more sites or facilities owned or operated by the repeat violator, or for violations for the same regulated activity under 1 or more environmental laws, the repeat violator shall be assessed up to-- (1) an additional penalty of 25 percent of the maximum penalty assessable per day of violation for the first repeat violation under the applicable environmental law; (2) an additional penalty of 50 percent of the maximum penalty assessable per day of violation for the second repeat violation under the applicable environmental law; and (3) an additional penalty of 100 percent of the maximum penalty assessable per day of violation under the applicable environmental law for the third and each subsequent violation. (b) Transfer of Ownership or Operation.--The transfer of ownership or operation of a site or facility by the owner or operator of the site or facility to a related party shall not affect the liability of the owner or operator with respect to a repeat violation under this section. SEC. 5. ADDITIONAL PENALTY FOR CATASTROPHIC EVENTS. (a) Definitions.--In this section: (1) Catastrophic event.--The term ``catastrophic event'' means a release of pollutants under any environmental law that results in-- (A) the potential for serious human injury or death, or serious environmental damage; or (B) serious human injury or death, or serious environmental damage. (2) Criteria air pollutant.--The term ``criteria air pollutant'' means an air pollutant listed under section 108 of the Clean Air Act (42 U.S.C. 7408). (3) Hazardous air pollutant.--The term ``hazardous air pollutant'' has the meaning given the term in section 112(a) of the Clean Air Act (42 U.S.C. 7412(a)). (4) Hazardous substance.--The term ``hazardous substance'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (5) Ozone-depleting substance.--The term ``ozone-depleting substance'' means a class I substance or a class II substance, as defined in section 601 of the Clean Air Act (42 U.S.C. 7671). (b) Additional Penalty.-- (1) In general.--In addition to a civil penalty assessed in a judicial or administrative proceeding under another environmental law, the Administrator shall assess an additional penalty for each catastrophic event against the violator-- (A) in the case of a catastrophic event that results in the potential for serious human injury or death, or serious environmental damage, but that does not have a result described in subparagraph (B) or (C), a minimum of-- (i) $10,000 per pound of hazardous air pollutant emitted in the course of the catastrophic event; (ii) $10,000 per ton of criteria air pollutant or ozone-depleting substance emitted in the course of the catastrophic event; and (iii) $10,000 for each quantity of hazardous substance equal to the reportable quantity of the hazardous substance, as specified in parts 117 and 302, title 40, Code of Federal Regulations (or any successor regulation), released in the course of the catastrophic event; (B) in the case of a catastrophic event that results either in a serious human injury or death, or in serious environmental damage, a minimum of-- (i) $15,000 per pound of hazardous air pollutant emitted in the course of the catastrophic event; and (ii) $15,000 per ton of criteria air pollutant or ozone-depleting substance emitted in the course of the catastrophic event; and (iii) $15,000 for each quantity of hazardous substance equal to the reportable quantity of the hazardous substance, as specified in parts 117 and 302, title 40, Code of Federal Regulations (or any successor regulation), released in the course of the catastrophic event; and (C) in the case of a catastrophic event that results both in a serious human injury or death and in serious environmental damage, a minimum of-- (i) $25,000 per pound of hazardous air pollutant emitted in the course of the catastrophic event; (ii) $25,000 per ton of criteria air pollutant or ozone-depleting substance emitted in the course of the catastrophic event; and (iii) $25,000 for each quantity of hazardous substance equal to the reportable quantity of the hazardous substance, as specified in parts 117 and 302, title 40, Code of Federal Regulations (or any successor regulation), released in the course of the catastrophic event. (2) Air pollutants falling within multiple categories.--For the purpose of determining an additional civil penalty under paragraph (1), if an air pollutant is both a hazardous air pollutant and a criteria air pollutant, hazardous substance, or ozone-depleting substance, the air pollutant shall be considered to be a hazardous air pollutant. (c) Preventive Measures.--In addition to any measures required to be implemented under any other provision of law, the Administrator may require in an order, consent decree, settlement agreement, permit, or other enforceable mechanism that a violator against which a penalty is assessed under subsection (b) shall implement preventive measures, including additional monitoring, recordkeeping, reporting, training, and other design, equipment, work practice, and operational requirements. SEC. 6. PRESERVATION OF AUTHORITY. Nothing in this Act limits the authority of the Administrator-- (1) to assess appropriate penalties, on consideration of relevant factors, under any environmental law; or (2) to impose more stringent requirements and penalties or exercise any civil or criminal authority in the case of repeat violators or catastrophic events. SEC. 7. EMERGENCY ORDER AND CIVIL ACTION PENALTY AUTHORITY. (a) In General.--Notwithstanding any other provision of law, the Administrator may, with respect to any person or entity responsible for creating a condition that may present an imminent and substantial endangerment to human health or the environment in violation of an environmental law, issue an administrative order or bring a civil action in United States District Court, seeking such relief as is necessary to protect human health or the environment. (b) Penalty.--A person or entity described in subsection (a) may be fined not less than $25,000 and not more than $10,000,000, to be paid into the Health and Environment Trust Fund of the Environmental Protection Agency. (c) Availability of Funds.--The Administrator shall make funds in the Health and Environmental Trust Fund available for withdrawals, without further Act of appropriation, in an amount not to exceed $500,000 for each project, to pay costs incurred by the Federal Government in addressing a health or environmental threat-- (1) for which a fine was collected under subsection (b); and (2) in accordance with the statutory authority under which the action seeking payment of the fine was initiated.

Prescribes minimum additional penalties for catastrophic events of pollutant releases that result in serious human injury or death or serious environmental damage (or the potential for such injury, death, or damage) or in both serious human injury or death and in serious environmental damage. Bases penalties on the amounts of hazardous air pollutants, criteria air pollutants (as defined under the Clean Air Act), or ozone-depleting substances emitted, or hazardous substances released, in the course of the event, with the highest penalties for cases in which injury or death and environmental damage occur. Authorizes the Administrator of the Environmental Protection Agency (EPA), with respect to any person responsible for creating a condition that may present an imminent and substantial endangerment to human health or the environment in violation of an environmental law, to issue an administrative order or bring a civil action seeking relief as necessary to protect human health or the environment. Limits the maximum relief to $10 million, to be paid into the EPA Health and Environmental Trust Fund. Makes the Trust Fund available to pay costs incurred by the Federal Government in addressing a health or environmental threat for which a fine was collected under this section and in accordance with the statutory authority under which the action seeking payment was initiated.

Zero Tolerance for Repeat Polluters Act of 2000

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. This Act may be cited as the ``Wildland Firefighters Health Protection Act''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``wildland firefighter'' means an employee of a Federal land management agency, the duties of whose position are primarily to perform work directly related to the prevention, control, suppression, and management of wildfires, including-- (A) an employee of a Federal land management agency who is assigned to support wildland fire suppression activities; and (B) an employee who is transferred to a supervisory or administrative position from a position of wildland firefighter (as defined by the preceding provisions of this paragraph); (2) the term ``Federal land management agency'' means-- (A) within the Department of the Interior, the Bureau of Land Management, the Bureau of Indian Affairs, the National Park Service, and the Fish and Wildlife Service; and (B) within the Department of Agriculture, the Forest Service; and (3) the term ``employee'' has the meaning given such term by section 2105 of title 5, United States Code. SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS. (a) Requirements.-- (1) In general.--Within 30 days after the date of the enactment of this Act, the Office of Personnel Management, in cooperation with the Federal land management agencies, shall commence development of a separate and distinct wildland firefighter occupational series that will more accurately reflect the variety of duties performed by wildland firefighters. (2) Designation.--The official title assigned to any occupational series established pursuant to paragraph (1) shall include the designation of ``Wildland Firefighter''. (3) Positions described.--Paragraph (1) applies with respect to any class or other category of positions that consists primarily or exclusively of forestry technician positions, range technician positions, or any other positions the duties and responsibilities of which include-- (A) significant wildfire preparedness and suppression activities; or (B) activities necessary to meet any other emergency incident to which assigned. (4) Consultation.--Congress encourages the Office of Personnel Management to consult with recognized employee organizations, employee associations, and any other groups that represent Federal wildland firefighters in carrying out this subsection. (b) Hazardous Duty Differential Not Affected.--Section 5545(d)(1) of title 5, United States Code, is amended by striking all after ``except'' and inserting an em dash and the following: ``(A) an employee in an occupational series covering positions for which the primary duties are wildland firefighting, as determined by the Office; and ``(B) in such other circumstances as the Office may by regulation prescribe; and''. (c) Employees Currently in 401 Series.--Any individual who, as of the date of the enactment of this Act, holds a position of wildland firefighter shall have the option of either remaining in the 401 series (as in effect on such date under chapter 51 of title 5, United States Code) or being included in the new wildland firefighter series, as established pursuant to subsection (a). SEC. 4. PAY AND BENEFITS. (a) In General.--In the case of a wildland firefighter, for full- time, part-time, and intermittent tours of duty, hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day shall be considered overtime work, inclusive of all time the firefighter is away from their official duty station assigned to an emergency incident, in support of an emergency incident, or pre- positioned for emergency response, and shall be compensable as work time in accordance with section 5542(a) of title 5, United States Code, as amended by subsection (b)(1). (b) Requirements.-- (1) Amendment to title 5.--Section 5542(a) of title 5, United States Code, is amended by adding at the end (as a flush left sentence) the following: ``Notwithstanding paragraphs (1) and (2), for a wildland firefighter assigned to an emergency incident, assigned in support of an emergency incident, or pre-positioned for emergency response, the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of the basic pay of the employee, and that entire amount is premium pay.''. (2) Fair labor standards act of 1938.--For the purpose of applying the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201, et seq.) with respect to wildland firefighters, no violation referred to in such provisions shall be considered to have occurred if the requirements described in paragraph (1) are met. (c) Portal-to-Portal Compensation Pilot Program.-- (1) Funding.--There is authorized to be appropriated $25,000,000 to initiate a portal-to-portal pilot program under this subsection, commencing with the 2013 wildfire season. Any sums required in addition to amounts appropriated pursuant to the preceding sentence may be secured from the existing wildfire suppression budget for the fiscal year in which the season occurs. (2) Duration.--The pilot program shall be carried out by the Department of the Interior and the Department of Agriculture for a period not to exceed 3 calendar years beginning as of the start of the 2013 wildfire season. (3) Report.--No later than 90 days after the completion of the pilot program, the Secretary of the Interior and the Secretary of Agriculture shall submit to Congress a joint report on the effectiveness of the pilot program. Such report shall address the effect of the program with respect to-- (A) recruitment and retention of wildland firefighters; and (B) any cost savings. (4) Additional requirements.--To ensure adequate funding and to realize maximum wildfire suppression savings, the Secretary of the Interior and the Secretary of Agriculture shall take appropriate measures to ensure that total funding for non-Federal fire suppression personnel and other resources, by their respective Departments-- (A) for the first year of the pilot program, do not exceed 90 percent of their combined non-Federal fire suppression costs for the 2011 and 2012 wildfire seasons; (B) for the second year of the pilot program, do not exceed 75 percent of their combined non-Federal fire suppression costs for the 2011 and 2012 wildfire seasons; and (C) for the third year of the pilot program, do not exceed 65 percent of their combined non-Federal fire suppression costs for the 2011 and 2012 wildfire seasons. (d) Hazardous Duty Differential To Be Treated as Part of a Wildland Firefighter's Base Pay for Retirement Purposes.-- (1) In general.--Section 8331(3) of title 5, United States Code is amended-- (A) in subparagraph (G), by striking ``and'' at the end; (B) in subparagraph (H), by inserting ``and'' at the end; and (C) by adding after subparagraph (H) the following: ``(I) with respect to a wildland firefighter (as defined by section 2 of the Wildland Firefighters Health Protection Act), any pay differential received under section 5545(d);''. (2) Conforming amendment.--Such section 8331(3) is further amended, in the matter following subparagraph (I) (as added by paragraph (1)(C)), by striking ``subparagraphs (B) through (H) of this paragraph'' and inserting ``subparagraphs (B) through (I),''. (e) Hazardous Duty Differential.-- (1) In general.--In the administration of section 5545(d) of title 5, United States Code, the Office of Personnel Management shall take such measures as may be necessary to ensure that, under the schedule or schedules of pay differentials for duty involving unusual physical hardship or hazard, a pay differential of 25 percent shall be payable to an individual while serving as a member of a wildland firefighting crew. (2) Definition.--For purposes of this subsection, the term ``wildland firefighting crew'' includes ground (hand crew, hotshot, engine, and other fire apparatus personnel) and airborne (smoke jumper or helitack) firefighting personnel on the fire line of any wildfire or prescribed fuel treatment burn or fire, as further defined in regulations of the Office of Personnel Management. (f) Benefits for Seasonal Wildland Firefighters.-- (1) Provisions relating to life insurance.--Section 8716(b) of title 5, United States Code, is amended-- (A) in paragraph (2), by striking ``or'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``; or''; and (C) by adding after paragraph (3) the following: ``(4) a wildland firefighter within the meaning of section 2 of the Wildland Firefighters Health Protection Act.''. (2) Provisions relating to health benefits.--Section 8913(b) of title 5, United States Code, is amended-- (A) in paragraph (3), by striking ``or'' at the end; (B) in paragraph (4), by striking the period at the end and inserting ``; or''; and (C) by adding after paragraph (4) the following: ``(5) a wildland firefighter within the meaning of section 2 of the Wildland Firefighters Health Protection Act.''. (g) Buy Back of Civilian Time After 1989.-- (1) In general.--Any individual who is subject to the Federal Employees' Retirement System as a firefighter (within the meaning of section 8401 of title 5, United States Code) on the date of the enactment of this Act shall be entitled to have any qualifying firefighter service treated as creditable service under section 8411 of such title. (2) Qualifying firefighter service.--For purposes of this subsection, the term ``qualifying firefighter service'' means, in connection with an individual, any service-- (A) which was performed by such individual, as a wildland firefighter, after 1989 and before the date of the enactment of this Act; and (B) for which such individual was not allowed to receive retirement credit by reason of section 8347(g) or 8402(c) of such title 5. (3) Deposit requirement.--Credit for a period of service may not be given under this subsection unless the individual involved makes a deposit, in such manner as the Office of Personnel Management may by regulation require, equal to the employee contributions that would have been required (in the case of a firefighter) for such period under section 8334(c) or 8422(a) of such title 5, with interest. (4) Certification.--The Office of Personnel Management shall accept the certification of the Secretary of the Interior or the Secretary of Agriculture, as the case may be, concerning whether an individual performed qualifying firefighter service and the length of the period of such service the individual performed.

Wildland Firefighters Health Protection Act - Defines "wildland firefighter" as an employee of a federal land management agency who performs work directly related to the prevention, control, suppression, and management of wildfires, including an employee who is assigned to support wildland fire suppression activities and an employee who is transferred to a supervisory or administrative position. Directs the Office of Personnel Management (OPM), in cooperation with such agencies, to commence development of a separate wildland firefighter occupational series that will more accurately reflect the variety of duties performed. Requires a wildland firefighter's hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day to be considered overtime work. Makes time the firefighter is away from his or her official duty station assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response compensable as work time. Includes hazardous duty differentials as basic pay for retirement purposes. Prohibits OPM from excluding wildland firefighters from federal employees' group life insurance (FEGLI) and from federal health care benefits.

To implement updated pay and personnel policies in order to improve the recruitment and retention of qualified Federal wildland firefighters and to reduce the Federal Government's reliance on the more costly services of non-Federal wildfire resources.

SECTION 1. FINDINGS. Congress finds that-- (1) more than 4,000,000 men and women from the United States served in uniform in the defense of liberty during World War I, among them two future presidents, Harry S. Truman and Dwight D. Eisenhower; (2) 2,000,000 individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas; (3) the United States suffered 375,000 casualties during World War I; (4) the events of 1914 through 1918 shaped the world, our country, and the lives of millions of people in countless ways; (5) the centennial of World War I offers an opportunity for people in the United States to learn about the sacrifices of their predecessors; (6) commemorative efforts allow people in the United States to gain a historical understanding of the type of conflicts that cause countries to go to war and how those conflicts are resolved; (7) Kansas City is home to America's National World War I Museum, as so recognized in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 375); (8) America's National World War I Museum seeks-- (A) to preserve the history of World War I; and (B) to educate and enlighten people about this significant event, the consequences of which are still with us; (9) Kansas City is home to the national headquarters for the Veterans of Foreign Wars; (10) Missouri is the home State of General John Joseph Pershing, who commanded the American Expeditionary Forces in Europe during World War I; (11) the Kansas City area is the home of the Harry S. Truman Presidential Library and Museum; and (12) the Dwight David Eisenhower Presidential Library and Museum is located close to Kansas City in the neighboring State of Kansas. SEC. 2. PURPOSE. The purpose of this Act is to establish a commission, in Kansas City, Missouri, on the centennial of World War I to ensure a suitable observance of the centennial of World War I that promotes the values of honor, courage, patriotism, and sacrifice, in keeping with the representation of these values through the four Guardian Spirits sculpted on the Liberty Memorial Monument at America's National World War I Museum. SEC. 3. COMMISSION ON THE COMMEMORATION OF THE CENTENNIAL OF WORLD WAR I. (a) In General.--There is established a commission to be known as the World War I Centennial Commission (in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall have the following duties: (1) To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I. (3) To facilitate and coordinate activities throughout the United States related to the centennial of World War I. (4) To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 24 members as follows: (A) Four members appointed by the Speaker of the House of Representatives. (B) Three members appointed by the minority leader of the House of Representatives. (C) Four members appointed by the Senate majority leader. (D) Three members appointed by the Senate minority leader. (E) Seven members who are broadly representative of the people of the United States (including members of the armed services and veterans), appointed by the President. (F) The executive director of the Veterans of Foreign Wars of the United States (or the director's delegate). (G) The executive director of the American Legion (or the director's delegate). (H) The president of the Liberty Memorial Association, the nonprofit entity responsible for the management of America's National World War I Museum (or the president's delegate). (2) Continuation of membership.--If a member of the Commission under paragraph (1)(F) through (H) ceases to hold a position named in such paragraph, that member must resign from the Commission as of the date that the member ceases to hold that position. (3) Terms.--Each member shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Pay.--Members shall serve without pay. (6) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (7) Quorum.--Thirteen members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (8) Chairperson; vice chairperson.--The Commission shall elect the Chairperson and Vice Chairperson of the Commission. (9) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chairperson, except that the first meeting shall be held before the end of the 30-day period beginning on the effective date of this Act. (B) Location.--The Commission shall hold the first meeting at America's National World War I Museum in Kansas City, Missouri, and thereafter shall hold at least one meeting per year at such location. (d) Director and Additional Personnel of the Commission; Experts and Consultants.-- (1) Director and staff.-- (A) Appointment.--The Chair of the Commission shall, in consultation with the members of the Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. (B) Pay.-- (i) Executive director.--The executive director shall be paid at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule established under section 5315 of title 5, United State Code. (ii) Additional personnel.--The executive director may fix the pay of any additional personnel appointed under subparagraph (A) as the executive director considers appropriate. (C) Work location.--If the city government for Kansas City, Missouri, and the nonprofit organization which administers America's National World War I Museum make space available, the executive director and any additional personnel appointed under subparagraph (A) shall work in the building that houses that museum. (2) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (3) Staff of federal agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Powers of the Commission.-- (1) Hearings and sessions.--For the purpose of carrying out this Act, the Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Powers of members and agents.--If authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission shall secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Gifts, bequests, and devises.-- (A) Acceptance by commission.--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. (B) Deposit and availability.--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 Commission. (5) 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. (6) 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. (7) Contract authority.--The Commission is authorized to procure supplies, services, and property and to make or enter in contracts, leases, or other legal agreements; except that any contract, lease, or other legal agreement made or entered into by the Commission may not extend beyond the date of termination of the Commission. (f) Reports.-- (1) Periodic report.--Beginning not later than the last day of the 3-month period beginning on the date of enactment of this Act and the last day of each 3-month period thereafter, the Commission shall submit to Congress and the President a report on the activities and plans of the Commission. (2) Recommendations.--Not later than 2 years after the effective date of this Act, the Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. (g) Termination.--The Commission shall terminate on the earlier of the date that is 30 days after the activities honoring the centennial observation of World War I are carried out or July 28, 2019. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.), relating to the termination of advisory committees, shall not apply to the Commission. (h) Effective Date.--This Act shall be effective on January 1, 2010.

Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; and (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans.

To establish the World War I centennial commission to ensure a suitable observance of the centennial of World War I.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TARP Recipient Ownership Trust Act of 2009''. SEC. 2. AUTHORITY OF THE SECRETARY OF THE TREASURY TO DELEGATE TARP ASSET MANAGEMENT. Section 106(b) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216(b)) is amended by inserting before the period at the end the following: ``, and the Secretary may delegate such management authority to a private entity, as the Secretary determines appropriate, with respect to any entity assisted under this Act''. SEC. 3. CREATION OF MANAGEMENT AUTHORITY FOR DESIGNATED TARP RECIPIENTS. (a) Federal Assistance Limited.--Notwithstanding any provision of the Emergency Economic Stabilization Act of 2008, or any other provision of law, no funds may be expended under the Troubled Asset Relief Program, or any other provision of that Act, on or after the date of enactment of this Act, until the Secretary of the Treasury transfers all voting, nonvoting, and common equity in any designated TARP recipient to a limited liability company established by the Secretary for such purpose, to be held and managed in trust on behalf of the United States taxpayers. (b) Appointment of Trustees.-- (1) In general.--The President shall appoint 3 independent trustees to manage the equity held in the trust, separate and apart from the United States Government. (2) Criteria.--Trustees appointed under this subsection-- (A) may not be elected or appointed Government officials; (B) shall serve at the pleasure of the President, and may be removed for just cause in violation of their fiduciary responsibilities only; and (C) shall each be paid at a rate equal to the rate payable for positions at level III of the Executive Schedule under section 5311 of title 5, United States Code. (c) Duties of Trust.--Pursuant to protecting the interests and investment of the United States taxpayer, the trust established under this section shall, with the purpose of maximizing the profitability of the designated TARP recipient-- (1) exercise the voting rights of the shares of the taxpayer on all core governance issues; (2) select the representation on the boards of directors of any designated TARP recipient; and (3) have a fiduciary duty to the American taxpayer for the maximization of the return on the investment of the taxpayer made under the Emergency Economic Stabilization Act of 2008, in the same manner and to the same extent that any director of an issuer of securities has with respect to its shareholders under the securities laws and all applications of State law. (d) Liquidation.-- (1) In general.--The trustees shall liquidate the trust established under this section, including the assets held by such trust, not later than December 24, 2011, unless-- (A) the trustees submit a report to the Congress that liquidation would not maximize the profitability of the company and the return on investment to the taxpayer; and (B) within 15 calendar days after the date on which the Congress receives such report, there is enacted into law a joint resolution described in paragraph (2). (2) Contents of joint resolution.--For purposes of this subsection, the term ``joint resolution'' means only a joint resolution-- (A) that is introduced not later than 3 calendar days after the date on which the report referred to in paragraph (1)(A) is received by the Congress; (B) which does not have a preamble; (C) the title of which is as follows: ``Joint resolution relating to the approval of the continuation of the TARP management trust''; and (D) the matter after the resolving clause of which is as follows: ``That Congress approves the continuation of the TARP management trust established under the TARP Recipient Ownership Trust Act of 2009.''. (3) Fast track consideration in house of representatives.-- (A) Reconvening.--Upon receipt of a report under paragraph (1)(A), the Speaker, if the House would otherwise be adjourned, shall notify the Members of the House that, pursuant to this subsection, the House shall convene not later than the second calendar day after receipt of such report. (B) Reporting and discharge.--Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House not later than 5 calendar days after the date of receipt of the report described in paragraph (1)(A). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. (C) Proceeding to consideration.--After each committee authorized to consider a joint resolution reports it to the House or has been discharged from its consideration, it shall be in order, not later than the sixth day after Congress receives the report described in paragraph (1)(A), to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (D) Consideration.--The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (4) Fast track consideration in senate.-- (A) Reconvening.--Upon receipt of a report under paragraph (1)(A), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this subsection, the Senate shall convene not later than the second calendar day after receipt of such message. (B) Placement on calendar.--Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. (C) Floor consideration.-- (i) In general.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the 4th day after the date on which Congress receives a report of the plan of the Secretary described in paragraph (1)(A) and ending on the 6th day after the date on which Congress receives a report of the plan of the Secretary described in paragraph (1)(A) (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. (ii) Debate.--Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (iii) Vote on passage.--The vote on passage shall occur immediately following the conclusion of the debate on a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (iv) Rulings of the chair on procedure.-- Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. (5) Rules relating to senate and house of representatives.-- (A) Coordination with action by other house.--If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply: (i) The joint resolution of the other House shall not be referred to a committee. (ii) With respect to a joint resolution of the House receiving the resolution-- (I) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (II) the vote on passage shall be on the joint resolution of the other House. (B) Treatment of joint resolution of other house.-- If one House fails to introduce or consider a joint resolution under this subsection, the joint resolution of the other House shall be entitled to expedited floor procedures under this subsection. (C) Treatment of companion measures.--If, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (D) Consideration after passage.-- (i) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President takes action with respect to the joint resolution shall be disregarded in computing the 15-calendar day period described in paragraph (1)(A). (ii) Vetoes.--If the President vetoes the joint resolution-- (I) the period beginning on the date the President vetoes the joint resolution and ending on the date the Congress receives the veto message with respect to the joint resolution shall be disregarded in computing the 15- calendar day period described in paragraph (1)(A); and (II) debate on a veto message in the Senate under this subsection shall be 1 hour equally divided between the majority and minority leaders or their designees. (E) Rules of house of representatives and senate.-- This paragraph, and paragraphs (2), (3), and (4) are enacted by Congress-- (i) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``designated TARP recipient'' means any entity that has received, or will receive, financial assistance under the Troubled Asset Relief Program or any other provision of the Emergency Economic Stabilization Act of 2008 (Public Law 110- 343), such that the Federal Government holds or controls, or will hold or control at a future date, not less than a 15 percent ownership stake in the company as a result of such assistance; (2) the term ``Secretary'' means the Secretary of the Treasury or the designee of the Secretary; and (3) the terms ``director'', ``issuer'', ``securities'', and ``securities laws'' have the same meanings as in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c).

TARP Recipient Ownership Trust Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to authorize the Secretary of the Treasury to delegate to a private entity management authority over troubled assets with respect to any entity assisted under the Troubled Asset Relief Program (TARP). Prohibits any expenditure of TARP funds until the Secretary transfers all voting, nonvoting, and common equity in any designated TARP recipient to a limited liability company, to be held and managed in trust on behalf of U.S. taxpayers. Requires the trustees to liquidate the trust and its assets by December 24, 2011, unless: (1) the trustees report to Congress that liquidation would not maximize profitability of the company and the return on investment to the taxpayer; and (2) Congress enacts into law a joint resolution approving continuation of the TARP management plan established under this Act.

To authorize the Secretary of the Treasury to delegate management authority over troubled assets purchased under the Troubled Asset Relief Program, to require the establishment of a trust to manage assets of certain designated TARP recipients, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fusion Energy Sciences Act of 2001''. SEC. 2. FINDINGS. The Congress finds that-- (1) economic prosperity is closely linked to an affordable and ample energy supply; (2) environmental quality is closely linked to energy production and use; (3) population, worldwide economic development, energy consumption, and stress on the environment are all expected to increase substantially in the coming decades; (4) the few energy options with the potential to meet economic and environmental needs for the long-term future must be pursued aggressively now, as part of a balanced national energy plan; (5) fusion energy is a long-term energy solution that is expected to be environmentally benign, safe, and economical, and to use a fuel source that is practically unlimited; (6) the National Academy of Sciences, the President's Committee of Advisers on Science and Technology, and the Secretary of Energy Advisory Board have each recently reviewed the Fusion Energy Sciences Program and each strongly supports the fundamental science and creative innovation of the program, and has confirmed that progress toward the goal of producing practical fusion energy has been excellent; (7) each of these reviews stressed the need for the Fusion Energy Sciences Program to move forward to a magnetic fusion burning plasma experiment, capable of producing substantial fusion power output and providing key information for the advancement of fusion science; (8) the National Academy of Sciences has also called for a broadening of the Fusion Energy Sciences Program research base as a means to more fully integrate the fusion science community into the broader scientific community; and (9) the Fusion Energy Sciences Program budget is inadequate to support the necessary science and innovation for the present generation of experiments, and cannot accommodate the cost of a burning plasma experiment constructed by the United States, or even the cost of key participation by the United States in an international effort. SEC. 3. PLAN FOR FUSION EXPERIMENT. (a) Plan for United States Fusion Experiment.--The Secretary of Energy (in this Act referred to as ``the Secretary''), on the basis of full consultation with, and the recommendation of, the Fusion Energy Sciences Advisory Committee (in this Act referred to as ``FESAC''), shall develop a plan for United States construction of a magnetic fusion burning plasma experiment for the purpose of accelerating scientific understanding of fusion plasmas. The Secretary shall request a review of the plan by the National Academy of Sciences, and shall transmit the plan and the review to the Congress by July 1, 2004. (b) Requirements of Plan.--The plan described in subsection (a) shall-- (1) address key burning plasma physics issues; and (2) include specific information on the scientific capabilities of the proposed experiment, the relevance of these capabilities to the goal of practical fusion energy, and the overall design of the experiment including its estimated cost and potential construction sites. (c) United States Participation in an International Experiment.--In addition to the plan described in subsection (a), the Secretary, on the basis of full consultation with, and the recommendation of, FESAC, may also develop a plan for United States participation in an international burning plasma experiment for the same purpose, whose construction is found by the Secretary to be highly likely and where United States participation is cost effective relative to the cost and scientific benefits of a domestic experiment described in subsection (a). If the Secretary elects to develop a plan under this subsection, he shall include the information described in subsection (b), and an estimate of the cost of United States participation in such an international experiment. The Secretary shall request a review by the National Academies of Sciences and Engineering of a plan developed under this subsection, and shall transmit the plan and the review to the Congress no later than July 1, 2004. (d) Authorization of Research and Development.--The Secretary, through the Fusion Energy Sciences Program, may conduct any research and development necessary to fully develop the plans described in this section. SEC. 4. PLAN FOR FUSION ENERGY SCIENCES PROGRAM. Not later than 6 months after the date of enactment of this Act, the Secretary, in full consultation with FESAC, shall develop and transmit to the Congress a plan for the purpose of ensuring a strong scientific base for the Fusion Energy Sciences Program and to enable the experiment described in section 3. Such plan shall include as its objectives-- (1) to ensure that existing fusion research facilities and equipment are more fully utilized with appropriate measurements and control tools; (2) to ensure a strengthened fusion science theory and computational base; (3) to encourage and ensure that the selection of and funding for new magnetic and inertial fusion research facilities is based on scientific innovation and cost effectiveness; (4) to improve the communication of scientific results and methods between the fusion science community and the wider scientific community; (5) to ensure that adequate support is provided to optimize the design of the magnetic fusion burning plasma experiments referred to in section 3; and (6) to ensure that inertial confinement fusion facilities are utilized to the extent practicable for the purpose of inertial fusion energy research and development. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for the development and review of the plans described in this Act and for activities of the Fusion Energy Sciences Program $320,000,000 for fiscal year 2002 and $335,000,000 for fiscal year 2003.

Fusion Energy Sciences Act of 2001 - Instructs the Secretary of Energy to: (1) develop a plan for U.S. construction of a magnetic fusion burning plasma experiment; (2) request a plan review for Congress by the National Academy of Sciences; and (3) develop and transmit to Congress a plan for the Fusion Energy Sciences Program and for the magnetic fusion burning plasma experiment.Authorizes the Secretary to develop a plan for U.S. participation in an international burning plasma experiment: (1) whose construction is highly likely; and (2) where Federal participation is cost effective relative to the cost and scientific benefits of a domestic experiment.

A bill to require the Secretary of Energy to develop a plan for a magnetic fusion burning plasma experiment for the purpose of accelerating the scientific understanding and development of fusion as a long term energy source, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Passport Identity Verification Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A United States passport is an official government document issued by the Department of State, which can be obtained by United States nationals. (2) A valid United States passport has many uses, including-- (A) certifying an individual's identity and verifying that a person is a United States national; (B) allowing the passport holder to travel to foreign countries with an internationally recognized travel document; (C) facilitating international travel; (D) obtaining further identification documents; and (E) setting up bank accounts. (3) A United States national may obtain a United States passport for the first time by applying in person to a passport acceptance facility with 2 passport photographs, proof of United States nationality, and a valid form of photo identification, such as a driver's license. Passport acceptance facilities are located throughout the United States. (4) Because United States passports issued under a false identity enable individuals to conceal their movements and activities, passport fraud could facilitate-- (A) acts of terrorism; (B) espionage; and (C) other crimes, such as illegal immigration, money laundering, drug trafficking, tax evasion, and alien smuggling. (5) Since malicious individuals may seek to exploit potential vulnerabilities in the passport issuance process, it is important that personnel who are involved in the granting, refusal, revocation, or adjudication of United States passport applications have access to relevant information contained in Federal, State, and other records and databases for the purposes of lawfully-- (A) verifying the identity of a passport applicant; (B) detecting passport fraud; and (C) denying or revoking a passport. (6) In its final report, the National Commission on Terrorist Attacks Upon the United States (commonly known as the ``9/11 Commission'')-- (A) noted the ease with which terrorists could obtain United States identity documents, such as fraudulent driver's licenses, birth certificates, and other sources of identification, which could be used by terrorists to obtain United States passports that would allow them to board airlines, rent cars, open bank accounts, and carry on other activities needed to facilitate their mission; and (B) concluded that funding and completing a ``biometric entry-exit screening system'' for travelers to and from the United States is essential to our national security. (7) The use of biometrics and technology for foreign nationals who are visiting the country-- (A) helps to make travel simple, easy, and convenient for legitimate visitors; and (B) dramatically improves the ability to detect the activities of those who wish to do harm or violate the laws of the United States. SEC. 3. ACCESS TO RELEVANT INFORMATION IN FEDERAL, STATE, AND OTHER RECORDS AND DATABASES. Section 104 of the Immigration and Nationality Act (8 U.S.C. 1104) is amended by adding at the end the following: ``(f) Authorized Data Sharing Activities.--(1) For data sharing purposes only, and notwithstanding any other provision of law, when Department of State personnel authorized by the Secretary of State to grant, refuse, revoke, deny, or adjudicate United States passports are lawfully engaged in authorized data sharing activities relating to the granting, refusal, revocation, or adjudication of such passports, such activities shall be considered law enforcement activities that involve the administration of criminal justice (as defined in section 20.3 of title 28, Code of Federal Regulations). ``(2) Designated Department of State personnel with the authority to grant, refuse, revoke, deny or adjudicate United States passports are engaged in `authorized data sharing activities' (as set forth in paragraph (1) and the regulations promulgated pursuant to section 4 of the Passport Identity Verification Act) if such personnel act in compliance with such regulations and are seeking to lawfully-- ``(A) verify the identity of a passport applicant; ``(B) detect passport fraud; or ``(C) deny or revoke a passport.''. SEC. 4. DATA SHARING REGULATIONS, PROCEDURES, AND POLICIES. (a) Rulemaking.--Not later than 6 months after the date of the enactment of this Act, the Secretary of State shall promulgate final regulations to implement section 104(f) of the Immigration and Nationality Act, as added by section 3. Such regulations shall-- (1) specify which Department of State personnel have a need to know and will be given access to the relevant information contained in the records and databases described in such section; (2) require Department of State personnel who will be given access to the relevant information contained in the records and databases described in such section to successfully complete all ongoing training and certification requirements for such access; (3) require Department of State personnel to access the relevant information contained in such records and databases for the lawful purposes set forth in such section and this Act; (4) ensure that the relevant information contained in the records and databases described in such section, are only accessed for the lawful purposes set forth in such section and this Act; (5) ensure that the Department of State personnel accessing the information contained in such records and databases-- (A) do not violate the security, confidentiality, or privacy of such information; (B) successfully complete all ongoing training and certification requirements for access to such information; and (C) do not have access to any medical, religious, or other personal information that is irrelevant to the lawful purposes set forth in such section and this Act; (6) establish audit and reporting procedures and policies to verify that the information contained in such records and databases is only being accessed for the lawful purposes set forth in such section and this Act; (7) require prompt reporting to Under Secretary of State for Management, of-- (A) any unauthorized access to the information contained in such records and databases; or (B) any access to the information contained in such records and databases for unauthorized purposes; and (8) require the Under Secretary of State for Management to conduct a regular review of-- (A) the audit and reporting procedures and policies to determine whether such procedures and policies are working properly; and (B) the ongoing training and certification requirements to determine whether there has been compliance with such requirements. (b) Defined Term.--As used in this Act, the term ``relevant information'' means information relating to a person that is contained in records and databases maintained by any Federal, State, tribal, territory, or local government department or agency, or private entity or organization, which contains-- (1) criminal history information; (2) driver's license or motor vehicle information (including photographs); (3) marriage, birth, or death information; (4) naturalization or immigration information; or (5) other information that can be used to lawfully verify the identity of the passport applicant, detect passport fraud, or deny or revoke a passport, except for medical, religious, and other personal information and records which are irrelevant to such purposes. SEC. 5. STUDY AND REPORT. (a) Study.-- (1) In general.--The Secretary of State, in consultation with the Secretary of Homeland Security, the Attorney General, and the United States Postmaster General, shall carry out a study to determine-- (A) if persons applying for or renewing a United States passport should provide biometric information, including photographs that meet standards that enhance the ability of facial recognition technology-- (i) to verify the identity of the passport applicant and user; and (ii) to detect passport fraud; and (B) if technology should be employed to verify the authenticity of driver's licenses and other identity documents that are presented at passport acceptance facilities. (2) Factors.--In carrying out the study under paragraph (1), the Secretary of State shall consider all relevant factors, including-- (A) how the biometric information and technology would be used and stored; (B) the costs and benefits to be gained; and (C) the effect on the individual's privacy and the economy. (b) Report.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary of State shall submit a report to the congressional committees set forth in paragraph (2) that contains the results of the study carried out under subsection (a), including a recommendation with respect to the use of biometric information and technology to verify the identity of a passport applicant and user and to detect passport fraud. (2) Congressional committees.--The congressional committees set forth in this paragraph are-- (A) the Committee on the Judiciary of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on the Judiciary of the House of Representatives; (E) the Committee on Foreign Affairs of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; and (G) the Committee on Oversight and Government Reform of the House of Representatives.

Passport Identity Verification Act - Amends the Immigration and Nationality Act to consider, for data sharing purposes only, that when Department of State personnel authorized by the Secretary of State to grant, refuse, revoke, deny, or adjudicate U.S. passports are lawfully engaged in authorized data sharing activities regarding such passport activities, those activities shall be considered law enforcement activities involving the administration of criminal justice. Considers such Department personnel to be engaged in authorized data sharing activities when lawfully seeking to: (1) verify the identity of a passport applicant, (2) detect passport fraud, or (3) deny or revoke a passport. Directs the Secretary to promulgate implementing regulations regarding data sharing regulations, procedures, and policies. Directs the Secretary to conduct a study, and report to Congress, to determine: (1) if U.S. passport applicants or renewals should provide biometric identification information, and (2) if technology should be employed to verify identity documents.

A bill to authorize certain Department of State personnel, who are responsible for examining and processing United States passport applications, to access relevant information in Federal, State, and other records and databases, for the purpose of verifying the identity of a passport applicant and detecting passport fraud, and for other purposes.

SECTION 1. REMOVAL OF POTENTIAL NUCLEAR WEAPONS MATERIALS FROM VULNERABLE SITES WORLDWIDE. (a) Sense of Congress.--It is the sense of Congress that removing potential nuclear weapons materials from vulnerable sites around the world would reduce the possibility that such materials could fall into the hands of al Qaeda or other groups and states hostile to the United States, and should be a top priority for achieving the national security of the United States. (b) Task Force on Nuclear Material Removal.--(1) The President shall establish in the Department of Energy a task force to be known as the Task Force on Nuclear Material Removal (in this section referred to as the ``Task Force''). (2) The head of the Task Force shall be the Director of the Task Force on Nuclear Material Removal, who shall be appointed by the President for that purpose. (3) The Director of the Task Force shall report directly to the Deputy Administrator for Defense Nuclear Nonproliferation of the National Nuclear Security Administration regarding the activities of the Task Force under this section. (4)(A) The Secretary of Energy, the Administrator for Nuclear Security, and the Deputy Administrator for Defense Nuclear Nonproliferation shall assign to the Task Force personnel having such experience and expertise as is necessary to permit the Task Force to carry out its mission under this section. (B) The Secretary of Energy and the Administrator for Nuclear Security shall jointly consult with the Assistant to the President for National Security Affairs, the Secretary of State, the Secretary of Defense, the Chairman of the Nuclear Regulatory Commission, the heads of other appropriate departments and agencies of the Federal Government, and appropriate international organizations in order to identify and establish mechanisms and procedures to ensure that the Task Force is able to draw quickly on the capabilities of the departments and agencies of the Federal Government and such international organizations to carry out its mission under this section. (C) Mechanisms under subparagraph (B) may include the assignment to the Task Force of personnel of the Department of Energy and of other departments and agencies of the Federal Government. (5) The President may establish within the Executive Office of the President a mechanism for coordinating the activities of the Task Force under this section. (c) Mission.--The mission of the Task Force shall be to ensure that potential nuclear weapons materials are entirely removed from the most vulnerable sites around the world as soon as practicable after the date of the enactment of this Act. (d) Assistance.--To assist the Task Force in carrying out its mission under this section, the Secretary of Energy may-- (1) provide funds to remove potential nuclear weapons materials from vulnerable sites, including funds to cover the costs of-- (A) transporting such materials from such sites to secure facilities; (B) providing interim security upgrades for such materials pending their removal from their current sites; (C) managing such materials after their arrival at secure facilities; (D) purchasing such materials; (E) converting such sites to the use of low- enriched uranium fuels; (F) assisting in the closure and decommissioning of such sites; and (G) providing incentives to facilitate the removal of such materials from vulnerable facilities; (2) arrange for the shipment of potential nuclear weapons materials to the United States, or to other countries willing to accept such materials and able to provide high levels of security for such materials, and dispose of such materials, in order to ensure that United States national security objectives are accomplished as quickly and effectively as possible; and (3) provide funds to upgrade security and accounting at sites where, as determined by the Secretary, potential nuclear weapons materials will remain for an extended period in order to ensure that such materials are secure against plausible potential threats, and will remain so in the future. (e) Report.--(1) Not later than 30 days after the submittal to Congress of the budget of the President for fiscal year 2006 pursuant to section 1105(a) of title 31, United States Code, the Secretary of Energy, in coordination with other relevant Federal Government and international agencies, shall submit to Congress a report that includes the following: (A) A list of the sites determined by the Task Force to be of the highest priorities for removal of potential nuclear weapons materials, based on the quantity and attractiveness of such materials at such sites and the risk of theft or diversion of such materials for weapons purposes. (B) An inventory of all sites worldwide where highly- enriched uranium or separated plutonium is located, including, to the extent practicable, a prioritized assessment of the terrorism and proliferation risk posed by such materials at each such site, based on the quantity of such materials, the attractiveness of such materials for use in nuclear weapons, the current level of security and accounting for such materials, and the level of threat (including the effects of terrorist or criminal activity and the pay and morale of personnel and guards) in the country or region where such sites are located. (C) A strategic plan, including measurable milestones and metrics, for accomplishing the mission of the Task Force under this section. (D) An estimate of the funds required to complete the mission of the Task Force under this section, set forth by year until anticipated completion of the mission. (E) The recommendations of the Secretary on whether any further legislative actions or international agreements are necessary to facilitate the accomplishment of the mission of the Task Force. (F) Such other information on the status of activities under this section as the Secretary considers appropriate. (2) The report shall be submitted in unclassified form, but may include a classified annex. (f) Potential Nuclear Weapons Material Defined.--In this section, the term ``potential nuclear weapons material'' means plutonium, highly-enriched uranium, or other material capable of sustaining an explosive nuclear chain reaction, including irradiated materials if the radiation field from such materials is not sufficient to prevent the theft and use of such materials for an explosive nuclear chain reaction. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Department of Energy for fiscal year 2005 for activities of the National Nuclear Security Administration in carrying out programs necessary for national security for purposes of defense nuclear nonproliferation activities, $40,000,000 to carry out this section.

Expresses the sense of Congress that: (1) removing potential nuclear weapons materials from vulnerable sites around the world would reduce the threat that such materials would fall into the hands of al Qaeda and other groups and states hostile to the United States; and (2) such removal should be a top priority. Directs the President to establish the Task Force on Nuclear Material Removal to ensure that such materials are entirely removed from the most vulnerable sites around the world as soon as practicable. Authorizes the Secretary of Energy to provide specified assistance to the Task Force, including funding for the cost of: (1) removing such materials, as well as arranging for their shipment to the United States or other countries willing to accept and secure them; and (2) upgrading security and accounting at sites where such materials will remain for an extended period.

To promote the national security of the United States by facilitating the removal of potential nuclear weapons materials from vulnerable sites around the world, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Fairness and Transparency Act''. SEC. 2. LIMITATION ON INTEREST DEDUCTION FOR EXCESSIVE INTEREST OF MEMBERS OF FINANCIAL REPORTING GROUPS. (a) In General.--Section 163 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following: ``(n) Limitation on Excessive Interest of Members of Financial Reporting Groups.-- ``(1) Limitation.-- ``(A) In general.--If this subsection applies to any corporation for any taxable year, no deduction shall be allowed under this chapter for the taxable year for interest expense to the extent that such expense exceeds the sum of-- ``(i) the amount of interest on indebtedness of the corporation includible in the corporation's gross income for the taxable year, plus ``(ii) the corporation's proportionate share of the financial reporting group's net interest expense for the taxable year computed under United States income tax principles. ``(B) Proportionate share of net interest expense.--For purposes of subparagraph (A)(ii)-- ``(i) In general.--A corporation's proportionate share of the financial reporting group's net interest expense means the amount equal to the percentage of the group's net interest expense which bears the same percentage as the corporation's earnings bears to the group's earnings. ``(ii) Earnings.--For purposes of clause (i), earnings shall be the sum of net earnings plus net interest expense, taxes, depreciation, and amortization. ``(iii) Determinations relating to earnings.--For purposes of clause (ii), earnings, net interest expense, taxes, depreciation, and amortization with respect to a financial reporting group shall be as reflected on the financial reporting group's financial statements for the taxable year ending in the taxable year of the corporation. ``(C) Alternative determination.--In lieu of the limitation in subparagraph (A), if-- ``(i) a corporation fails to substantiate the corporation's proportionate share of the financial reporting group's net interest expense for a taxable year, or ``(ii) a corporation so elects, no deduction shall be allowed under this chapter for the taxable year for interest expense to the extent that such expense exceeds 10 percent of the corporation's adjusted taxable income (as defined under subsection (j)(6)(A)). ``(2) Corporations to which subsection applies.-- ``(A) In general.--This subsection shall apply to any corporation for any taxable year if the corporation is a member of a financial reporting group. ``(B) Certain corporations not included.--This subsection shall not apply to any corporation which-- ``(i) is a corporation predominantly engaged in the active conduct of a banking, financing, or similar business, or ``(ii) has less than $5,000,000 of net interest expense for the taxable year. ``(C) Financial reporting group.--For purposes of subparagraph (A), the term `financial reporting group' means a group that prepares consolidated financial statements in accordance with United States generally accepted accounting principles, international financial reporting standards, or other method authorized by the Secretary of the Treasury under regulations. Such term shall not include any corporation described in subparagraph (B)(i). ``(D) Subgroups.--For purposes of this subsection, all members of an expanded affiliated group (as defined in section 7874(c)(1)) shall be treated as 1 corporation. ``(3) Net interest expense.--The term `net interest expense' has the meaning given such term by subsection (j)(6)(B). ``(4) Carryforward.-- ``(A) Disallowed interest.--Any amount disallowed under subparagraph (A) or (C) for any taxable year shall be treated as an interest expense in the next taxable year, and such amount shall not be taken into account for purposes of applying subsection (j)(2)(A)(ii) for such taxable year. ``(B) Excess limitation.--The excess (if any) of the sum determined under paragraph (1)(A) (i) and (ii) for a taxable year over the amount of interest expense deducted under this subsection for the taxable year shall be added to the limitation determined under paragraph (1) for the next taxable year (determined without regard to this subparagraph). No excess limitation may be carried to more than 3 taxable years. ``(5) Election.--The election under paragraph (1)(C)(ii) shall be made at such time and in such manner as the Secretary may prescribe by regulations. ``(6) Regulations.--The Secretary shall prescribe such regulations and other guidance as may be necessary to carry out the purposes of this subsection, including regulations to-- ``(A) coordinate the application of this subsection with other interest deductibility rules, ``(B) define financial services entities, ``(C) permit financial reporting groups to compute the group's non-United States net interest expense without making certain adjustments required under United States income tax principles, ``(D) provide for the treatment of pass-through entities, and ``(E) allow the use of financial statements prepared under other countries' generally accepted accounting principles in appropriate circumstances where a financial reporting group does not prepare financial statements under United States generally accepted accounting principles or international financial reporting standards.''. (b) Coordination With 163(j).--Section 163(j)(2)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``This subsection shall not apply to any corporation which is a member of a financial reporting group to which subsection (n) applies.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017. SEC. 3. TERMINATION OF DEFERRAL OF ACTIVE INCOME OF CONTROLLED FOREIGN CORPORATIONS. (a) In General.--Section 952 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Application of Subpart.-- ``(1) In general.--For taxable years beginning after December 31, 2017, notwithstanding any other provision of this subpart, the term `subpart F income' means, in the case of any controlled foreign corporation, the income of such corporation derived from any foreign country. ``(2) Applicable rules.--Rules similar to the rules under the last sentence of subsection (a) and subsection (d) shall apply to this subsection.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2017. SEC. 4. REQUIREMENT TO DISCLOSE TOTAL CORPORATE TAXES PAID. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following new subsection: ``(s) Disclosure of Total Corporate Taxes Paid.-- ``(1) Issuer disclosure requirement.--Each issuer required to file an annual or quarterly report under subsection (a) shall disclose in that report-- ``(A) the total pre-tax profit of the issuer during the period covered by the report; ``(B) the total amount paid by the issuer in State taxes during the period covered by the report; ``(C) the total amount paid by the issuer in Federal taxes during the period covered by the report; and ``(D) the total amount paid by the issuer in foreign taxes during the period covered by the report. ``(2) Disclosure of country-by-country reporting information.--Each issuer required to file an annual or quarterly report under subsection (a) shall disclose in that report, for each of its subsidiaries and aggregated on a country-by-country basis-- ``(A) revenues generated from transactions with other constituent entities; ``(B) revenues not generated from transactions with other constituent entities; ``(C) profit or loss before income tax; ``(D) total income tax paid on a cash basis to all tax jurisdictions, and any taxes withheld on payments received by the constituent entities; ``(E) total accrued tax expense recorded on taxable profits or losses, reflecting only operations in the relevant annual period and excluding deferred taxes or provisions for uncertain tax liabilities; ``(F) stated capital, except that the stated capital of a permanent establishment must be reported in the tax jurisdiction of residence of the legal entity of which it is a permanent establishment unless there is a defined capital requirement in the permanent establishment tax jurisdiction for regulatory purposes; ``(G) total accumulated earnings, except that accumulated earnings of a permanent establishment must be reported by the legal entity of which it is a permanent establishment; ``(H) total number of employees on a full-time equivalent basis; and ``(I) net book value of tangible assets, which, for purposes of this section, does not include cash or cash equivalents, intangibles, or financial assets. ``(3) Availability of information.--The Commission shall make the information filed with the Commission pursuant to this subsection publicly available through the Commission website in a manner that is searchable, sortable, and downloadable.''. (b) Effective Date.--The amendment made by this section shall apply to disclosures made after the date of the enactment of this Act.

Tax Fairness and Transparency Act This bill amends the Internal Revenue Code to limit the tax deduction of the interest expense of a U.S. corporation that is a member of a financial reporting group (a group that prepares consolidated financial statements according to accepted accounting principles or international financial reporting standards) to: (1) the amount of interest on indebtedness of the corporation includible in the corporation's gross income for the taxable year plus its proportionate share of the group's net interest expense in the taxable year computed under U.S. income tax principles; or (2) not more than 10% of the corporation's adjusted taxable income, if the corporation fails to substantiate its proportionate share of interest expense or so elects. The bill exempts from the limitation a corporation that is predominantly engaged in the active conduct of a banking, financing, or similar business or that has less than $5 million of net interest expense for the taxable year. The bill also modifies the definition of subpart F income (i.e., income of a controlled foreign corporation earned outside the United States that is not tax-deferred) to include income of a controlled foreign corporation derived from any foreign country. This modification is applicable to taxable years beginning after December 31, 2017. The bill amends the Securities Exchange Act of 1934 to require each issuer of a security who is required to file an annual or quarterly report to disclose specified: (1) details regarding pre-tax profits and taxes paid; and (2) corporate financial information, aggregated on a country-by-country basis, for each of its subsidiaries.

Tax Fairness and Transparency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Land Sovereignty Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The power to dispose of and make all needful rules and regulations governing lands belonging to the United States is vested in the Congress under article IV, section 3, of the Constitution. (2) Some Federal land designations made pursuant to international agreements concern land use policies and regulations for lands belonging to the United States which under article IV, section 3, of the Constitution can only be implemented through laws enacted by the Congress. (3) Some international land designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, which have no legislative directives or authorization from the Congress. (4) Actions by the United States in making such designations may affect the use and value of nearby or intermixed non-Federal lands. (5) The sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power. (6) Private property rights are essential for the protection of freedom. (7) Actions by the United States to designate lands belonging to the United States pursuant to international agreements in some cases conflict with congressional constitutional responsibilities and State sovereign capabilities. (8) Actions by the President in applying certain international agreements to lands owned by the United States diminishes the authority of the Congress to make rules and regulations respecting these lands. (b) Purpose.--The purposes of this Act are the following: (1) To reaffirm the power of the Congress under article IV, section 3, of the Constitution over international agreements which concern disposal, management, and use of lands belonging to the United States. (2) To protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating lands pursuant to international agreements. (3) To ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal actions designating lands pursuant to international agreements for purposes of imposing restrictions on use of those lands. (4) To protect private interests in real property from diminishment as a result of Federal actions designating lands pursuant to international agreements. (5) To provide a process under which the United States may, when desirable, designate lands pursuant to international agreements. SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (Public Law 96-515; 94 Stat. 2987) is amended-- (1) in subsection (a) in the first sentence, by-- (A) striking ``The Secretary'' and inserting ``Subject to subsections (b), (c), (d), and (e), the Secretary''; and (B) inserting ``(in this section referred to as the `Convention')'' after ``1973''; and (2) by adding at the end the following new subsections: ``(d)(1) The Secretary of the Interior may not nominate any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention, unless-- ``(A) the Secretary finds with reasonable basis that commercially viable uses of the nominated lands, and commercially viable uses of other lands located within 10 miles of the nominated lands, in existence on the date of the nomination will not be adversely affected by inclusion of the lands on the World Heritage List, and publishes that finding; ``(B) the Secretary has submitted to the Congress a report describing-- ``(i) natural resources associated with the lands referred to in subparagraph (A); and ``(ii) the impacts that inclusion of the nominated lands on the World Heritage List would have on existing and future uses of the nominated lands or other lands located within 10 miles of the nominated lands; and ``(C) the nomination is specifically authorized by a law enacted after the date of enactment of the American Land Sovereignty Protection Act and after the date of publication of a finding under subparagraph (A) for the nomination. ``(2) The President may submit to the Speaker of the House of Representatives and the President of the Senate a proposal for legislation authorizing such a nomination after publication of a finding under paragraph (1)(A) for the nomination. ``(e) The Secretary of the Interior shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention, unless-- ``(1) the Secretary has submitted to the Speaker of the House of Representatives and the President of the Senate a report describing-- ``(A) the necessity for including that property on the list; ``(B) the natural resources associated with the property; and ``(C) the impacts that inclusion of the property on the list would have on existing and future uses of the property and other property located within 10 miles of the property proposed for inclusion; and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress after the date of submittal of the report required by paragraph (1). ``(f) The Secretary of the Interior shall submit an annual report on each World Heritage Site within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and of the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the site: ``(1) An accounting of all money expended to manage the site. ``(2) A summary of Federal full time equivalent hours related to management of the site. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the site. ``(4) A summary and account of the disposition of complaints received by the Secretary related to management of the site.''. SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following new section: ``Sec. 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(b) Any designation on or before the date of enactment of the American Land Sovereignty Protection Act of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve-- ``(1) is specifically authorized by a law enacted after that date of enactment and before December 31, 2003; ``(2) consists solely of lands that on that date of enactment are owned by the United States; and ``(3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. ``(c) The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the reserve: ``(1) An accounting of all money expended to manage the reserve. ``(2) A summary of Federal full time equivalent hours related to management of the reserve. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the reserve. ``(4) A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.''. SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the following new section: ``Sec. 404. (a) No Federal official may nominate, classify, or designate any lands owned by the United States and located within the United States for a special or restricted use under any international agreement unless such nomination, classification, or designation is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such a nomination, classification, or designation. ``(b) A nomination, classification, or designation, under any international agreement, of lands owned by a State or local government shall have no force or effect unless the nomination, classification, or designation is specifically authorized by a law enacted by the State or local government, respectively. ``(c) A nomination, classification, or designation, under any international agreement, of privately owned lands shall have no force or effect without the written consent of the owner of the lands. ``(d) This section shall not apply to-- ``(1) agreements established under section 16(a) of the North American Wetlands Conservation Act (16 U.S.C. 4413); and ``(2) conventions referred to in section 3(h)(3) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)). ``(e) In this section, the term `international agreement' means any treaty, compact, executive agreement, convention, bilateral agreement, or multilateral agreement between the United States or any agency of the United States and any foreign entity or agency of any foreign entity, having a primary purpose of conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna.''. SEC. 6. CLERICAL AMENDMENT. Section 401(b) of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''.

American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List unless: (1) commercially viable uses of nominated lands and lands within ten miles will not be adversely affected; (2) the Secretary has reported to Congress on the lands' natural resources and the impact of inclusion on existing and future uses of such lands; and (3) such nomination is specifically authorized by law.Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger unless the Secretary: (1) has reported to Congress on the necessity for such inclusion, the associated natural resources, and the impact of inclusion on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of Congress.Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve. Nullifies any such designation before enactment of this Act unless the Biosphere Reserve: (1) is specifically authorized by a law enacted after enactment of this Act and before December 31, 2003; (2) consists solely of federally owned lands; and (3) is subject to a management plan that ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation.Prohibits any Federal official from nominating, classifying, or designating any Federal land for a special or restricted use under any international conservation agreement unless specifically authorized by law. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively.

To preserve the sovereignty of the United States over public lands and acquired lands owned by the United States, and to preserve State sovereignty and private property rights in non-Federal lands surrounding those public lands and acquired lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Borrower's Protection Act of 2007''. SEC. 2. MORTGAGE ORIGINATOR REQUIREMENTS. The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 129 the following new section: ``SEC. 129A. DUTIES OF MORTGAGE ORIGINATORS. ``(a) Definitions.--As used in this section-- ``(1) the term `home mortgage loan' means an extension of credit secured by or to be secured by a security interest in the principal dwelling of the obligor; ``(2) the term `mortgage broker' means a person who, for compensation or in anticipation of compensation, arranges or negotiates, or attempts to arrange or negotiate, home mortgage loans or commitments for such loans, or refers applicants or prospective applicants to creditors, or selects or offers to select creditors to whom requests for credit may be made; ``(3) the term `mortgage originator' means-- ``(A) any creditor or other person, including a mortgage broker, who, for compensation or in anticipation of compensation, engages either directly or indirectly in the acceptance of applications for home mortgage loans, solicitation of home mortgage loans on behalf of borrowers, negotiation of terms or conditions of home mortgage loans on behalf of borrowers or lenders, or negotiation of sales of existing home mortgage loans to institutional or non- institutional lenders; and ``(B) any employee or agent of a creditor or person described in subparagraph (A); ``(4) the term `qualifying bond' means a bond equal to not less than 1 percent of the aggregate value of all homes appraised by an appraiser of real property in connection with a home mortgage loan in the calendar year preceding the date of the transaction, with respect to which-- ``(A) the bond shall inure first to the benefit of the homeowners who have claims against the appraiser under this title or any other applicable provision of law, and second to the benefit of originating creditors that complied with their duty of good faith and fair dealing in accordance with this title; and ``(B) any assignee or subsequent transferee or trustee shall be a beneficiary of the bond, only if the originating creditor qualified for such treatment; and ``(5) the term `rate spread mortgage transaction' means a home mortgage loan that has an annual percentage rate of interest that equals or exceeds the rate that would require reporting under the Home Mortgage Disclosure Act (12 U.S.C. 2801 et seq.) as a rate spread loan, without regard to whether such loan is otherwise subject to the Home Mortgage Disclosure Act. ``(b) Standard of Care.-- ``(1) Fiduciary relationship.--In the case of a home mortgage loan, the mortgage broker shall be deemed to have a fiduciary relationship with the consumer, and each such mortgage broker shall be subject to all requirements for fiduciaries otherwise applicable under State or Federal law. ``(2) Fair dealing.--Each mortgage originator shall, in addition to the duties imposed by otherwise applicable provisions of State or Federal law, with respect to each home mortgage loan in which the mortgage originator is involved-- ``(A) act with reasonable skill, care, and diligence; and ``(B) act in good faith and with fair dealing in any transaction, practice, or course of business associated with the transaction. ``(c) Assessment of Ability to Repay.-- ``(1) In general.--Each mortgage originator shall, before entering into or otherwise facilitating any home mortgage loan, verify the reasonable ability of the borrower to pay the principal and interest on the loan, and any real estate taxes and homeowners insurance fees and premiums. ``(2) Variable mortgage rates.--In the case of a home mortgage loan with respect to which the applicable rate of interest may vary, for purposes of paragraph (1), the ability to pay shall be determined based on the maximum possible monthly payment that could be due from the borrower during the first 7 years of the loan term, which amount shall be calculated by-- ``(A) using the maximum interest rate allowable under the loan; and ``(B) assuming no default by the borrower, a repayment schedule which achieves full amortization over the life of the loan. ``(3) Required verification documents.-- ``(A) In general.--For purposes of paragraph (1), a mortgage originator shall base a determination of the ability to pay on-- ``(i) documentation of the income and financial resources of the borrower, including tax returns, payroll receipts, bank records, or other similarly reliable documents; and ``(ii) the debt-to-income ratio and residual income of the borrower, as determined under section 36.4337 of title 38 of the Code of Federal Regulations, or any successor thereto. ``(B) Limitation.--A statement provided by the borrower of the income and financial resources of the borrower, without other documentation referred to in this paragraph, is not sufficient verification for purposes of assessing the ability of the consumer to pay. ``(d) Rate Spread Mortgages.-- ``(1) Escrow account required.--In the case of a rate spread mortgage transaction, the obligor shall be required to make monthly payments into an escrow account established by the mortgage originator for the purpose of paying taxes, hazard insurance premiums, and, if applicable, flood insurance premiums. ``(2) Exception.--This paragraph does not apply in any case in which the mortgage originator reasonably believes that, following the loan closing, the obligor will be required, or will continue to be required, to make escrow payments described in paragraph (1) on the property securing the loan in connection with another loan secured by the same property. ``(3) Lender and broker liability.--In any case in which a mortgage broker sells or delivers a rate spread mortgage loan to a lender, the lender shall be liable for the acts, omissions, and representations made by the mortgage broker in connection with that mortgage loan. ``(e) Steering Prohibited.-- ``(1) In general.--In connection with a home mortgage loan, a mortgage originator may not steer, counsel, or direct a consumer to rates, charges, principal amount, or prepayment terms that are not reasonably advantageous to the consumer, in light of all of the circumstances associated with the transaction, including the characteristics of the property that secures or will secure the extension of credit and the loan terms for which the consumer qualifies. ``(2) Duties to consumers.--If unable to suggest, offer, or recommend to a consumer a reasonably advantageous home loan, a mortgage originator shall-- ``(A) based on the information reasonably available and using the skill, care, and diligence reasonably expected for a mortgage originator, originate or otherwise facilitate a reasonably advantageous home mortgage loan by another creditor to a consumer, if permitted by and in accordance with all otherwise applicable law; or ``(B) disclose to a consumer-- ``(i) that the creditor does not offer a home mortgage loan that would be reasonably advantageous to a consumer, but that other creditors may offer such a loan; and ``(ii) the reasons that the products and services offered by the mortgage originator are not available to or reasonably advantageous for the consumer. ``(3) Prohibited conduct.--In connection with a home mortgage loan, a mortgage originator may not-- ``(A) mischaracterize the credit history of a consumer or the home loans available to a consumer; ``(B) mischaracterize or suborn mischaracterization of the appraised value of the property securing the extension of credit; or ``(C) if unable to suggest, offer, or recommend to a consumer a reasonably advantageous home mortgage loan, discourage a consumer from seeking a home mortgage loan from another creditor or with another mortgage originator. ``(4) Rule of construction.--Nothing in this subsection shall be deemed to prohibit a mortgage originator from providing a consumer with accurate, unbiased, general information about home mortgage loans, underwriting standards, ways to improve credit history, or any other matter relevant to a consumer. ``(f) Good Faith and Fair Dealing in Appraisal Process.-- ``(1) In general.--No mortgage originator may enter into a home mortgage loan with respect to which the mortgage originator has reason to believe that, with respect to the appraisal of the value of the property securing the loan-- ``(A) the appraiser failed to act in good faith and fair dealing with respect to the consumer in connection with the appraisal; ``(B) the appraisal was conducted other than in accordance with all applicable State and Federal standards required of certified appraisers, or was otherwise not accurate and reasonable; ``(C) the appraiser had a direct or indirect interest in the property or the transaction; ``(D) the appraiser charged, sought, or received compensation for the appraisal, and the appraisal was not covered by a qualifying bond; or ``(E) the appraisal order or any other communication in any form includes the requested loan amount or any estimate of value for the property to serve as collateral, either express or implied. ``(2) Prohibited influence.--No mortgage originator may, with respect to a home mortgage loan, in any way-- ``(A) seek to influence an appraiser or otherwise to encourage a targeted value in order to facilitate the making or pricing of the home mortgage loan; or ``(B) select an appraiser on the basis of an expectation that such appraiser would provide a targeted value in order to facilitate the making or pricing of the home mortgage loan. ``(3) Limitation on defenses.--It shall not be a defense to enforcement of the requirements of this subsection that the mortgage originator used another person in the appraisal process or to review the appraisal process. ``(4) Notice of appraisal.--In any case in which an appraisal is performed in connection with a home mortgage loan, the mortgage originator shall provide a copy of the appraisal report to an applicant for a home mortgage loan, whether credit is granted, denied, or the application was withdrawn.''. SEC. 3. CONFORMING AND CLERICAL AMENDMENTS. The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended-- (1) in section 103(u) (15 U.S.C. 1602(u)), by striking ``disclosures required by section 129(a)'' and inserting ``provisions of section 129 and 129A''; (2) in section 130 (15 U.S.C. 1640) by inserting ``or 129A'' after ``section 129'' each place that term appears; and (3) in the table of sections for chapter 2 (15 U.S.C. 1631 et seq.), by inserting after the item relating to section 129 the following: ``129A. Duties of mortgage originators.''.

Borrower's Protection Act of 2007 - Amends the Truth in Lending Act to deem a mortgage broker, in the case of a home mortgage loan, to have a fiduciary relationship with the consumer. Subjects each such mortgage broker to all federal and state requirements for fiduciaries. Requires each mortgage originator, in addition to the duties imposed by federal and state requirements, to act with respect to each home mortgage loan: (1) with reasonable skill, care, and diligence; and (2) in good faith and with fair dealing in any transaction, practice, or with associated course of business. Requires a mortgage originator, before entering into or otherwise facilitating a home mortgage loan, to verify the borrower's reasonable ability to pay the principal and interest, real estate taxes, and homeowners insurance fees and premiums. Prescribes a formula for determining ability to pay variable mortgage rates. Makes the lender liable for acts, omissions, and representations of a mortgage broker in connection with any rate spread mortgage loan the broker sells or delivers to the lender. Prohibits a mortgage originator from steering a consumer to home mortgage loan rates, charges, principal amount, or prepayment terms not reasonably advantageous to the consumer. Prescribes mortgage originator duties to consumers. Prohibits specified mortgage originator conduct, especially entering into a home mortgage loan when the originator has reason to believe that the appraiser of the property securing the loan failed to act in good faith and fair dealing in its appraisal. Prohibits a mortgage originator from: (1) seeking to influence an appraiser or otherwise to encourage a targeted value; or (2) selecting an appraiser on the expectation that the appraiser would provide a targeted value. Requires the mortgage originator to provide a copy of the appraisal report to a home mortgage loan applicant, whether credit is granted, denied, or the application was withdrawn.

A bill to establish on behalf of consumers a fiduciary duty and other standards of care for mortgage brokers and originators, and to establish standards to assess a consumer's ability to repay, and for other purposes.

SECTION 1. RETURN TO OPERATIONAL STATUS. The Secretary of Energy (in this Act referred to as the ``Secretary'') shall immediately discontinue the shutdown of the Fast Flux Test Facility (in this Act referred to as the ``Facility''), and take action necessary to begin returning the Facility to operational status. To the extent possible, the technical staff shall be retained, and all documents, materials, spare parts, components and capabilities shall be preserved. The Facility shall be maintained in operation by the Secretary for at least 20 years, and for so much longer as it remains capable of performing missions established for it under section 2. SEC. 2. MISSIONS. (a) Task Force.-- (1) Establishment.--The Secretary shall establish a task force, to be composed of one individual each selected by-- (A) the National Academy of Sciences; (B) the American Physical Society; (C) the American Nuclear Society; (D) the College of Nuclear Physicians; and (E) the Nuclear Engineering Department Heads Organization. (2) Duties.--The task force established under paragraph (1) shall, within 6 months after the date of the enactment of this Act, transmit a report to the Congress that establishes a ranked list of missions for the Facility. Such list shall be established in consultation with the operating contractor of the Facility, taking into consideration the widest possible range of potential uses, both governmental and nongovernmental, for the Facility. Such uses shall include the following: (A) Reestablishing world leadership in beneficial nuclear technology and nuclear medicine. (B) The production of medical and other isotopes for use or sale by Federal or non-Federal entities. (C) The production of tritium needed to maintain the safety and reliability of our defense stockpile. (D) Irradiation services to support research and commercial objectives. (E) Demonstration programs to verify fast reactor capability to convert radioactive waste or weapons materials into a safer form. (F) Materials testing and physics research. (G) Service as a training center. (H) The production of steam to be used or sold by Federal or non-Federal entities, and for the testing of steam generators. (3) Travel expenses.--Each member of the task force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) Implementation.--The Secretary shall implement the recommendations of the task force as missions of the Facility. SEC. 3. AGREEMENTS. The Secretary may enter into agreements with domestic and foreign entities for participation of such entities in the missions of the Facility. SEC. 4. OPERATIONS CONTRACT. Any contract entered into by the Secretary after the date of the enactment of this Act for the operation of the Facility shall include provisions to-- (1) ensure that all operations and experiments meet applicable safety requirements and acceptance criteria; (2) provide necessary support services to the non-Federal entities that have entered into agreements pursuant to section 3; (3) provide indemnification pursuant to section 170d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)); (4) indemnify, protect, and hold harmless the contractor from and against all liability, including liability for legal costs, relating to any preexisting conditions at any part of the Facility. (5) indemnify, protect, and hold harmless the contractor from and against all liability to third parties (including liability for legal costs and for claims for personal injury, illness, property damage, and consequential damages) for negligence arising out of the contractor's performance under the contract, unless such liability was caused by conduct of the contractor which was grossly negligent or which constituted intentional misconduct; and (6) provide for indemnification of subcontractors as described in paragraphs (3), (4), and (5). SEC. 5. EXEMPTION FROM NUCLEAR REGULATORY COMMISSION REGULATION. No activities of the Facility or the operating contractor thereof shall be subject to licensing or other regulation by the Nuclear Regulatory Commission. SEC. 6. FAST FLUX TEST FACILITY FUND. There shall be established in the Treasury a separate fund to be known as the ``Fast Flux Test Facility Fund'', which shall include all appropriations made for the Facility and all funds received for the sale of products or services of the Facility or under agreements entered into under section 3. Amounts in such Fund shall be available, to the extent provided in advance in appropriations Acts, for the activities of the Facility. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for the activities of the Facility and of the task force established under section 2(a)(1) $60,000,000 for fiscal year 1996.

Directs the Secretary of Energy to discontinue immediately the shutdown of the Fast Flux Test Facility and return it to operational status. Mandates that the Facility be maintained in operation by the Secretary for at least 20 years, and for so long as it is capable of performing specified missions. (Sec. 2) Instructs the Secretary to establish a task force to report to the Congress a ranked list of prescribed missions (both governmental and non-governmental) for the Facility. (Sec. 5) Exempts Facility activities and operating contractors from the licensing and regulatory purview of the Nuclear Regulatory Commission. (Sec. 6) Establishes the Fast Flux Text Facility Fund in the Treasury. Authorizes appropriations.

To require the Secretary of Energy to immediately begin returning the Fast Flux Test Facility to operational status, identify which missions will be given the highest priority, and prepare the facility to carry out those missions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Enhanced Penalty Act of 2014'' or as ``Candace's Law''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Approximately 1 in 4 women will experience domestic violence during her lifetime and every year, 1 in 3 women who is a victim of homicide is murdered by her current or former partner. (2) Every year, more than 3 million children witness domestic violence in their homes and children who live in homes where there is domestic violence also suffer abuse or neglect at high rates. (3) Children are more likely to intervene when they witness severe violence against a parent, which places them at great risk for injury or even death. (4) Girls who witness domestic violence are more vulnerable to abuse as teens and adults and boys who witness domestic violence are more likely to become adult abusers of their partners, their children, or both, thus continuing the cycle of violence in the next generation. (5) Most domestic violence incidents are never reported. (6) Family members, close friends, co-workers, and other persons close to a victim of domestic violence frequently observe things that lead to them to suspect that their loved one or colleague is being abused but do not feel they possess the knowledge and skills needed to provide constructive assistance that can make a real difference in the life of the victim. (7) Domestic violence costs the national economy more than $37 billion a year in law enforcement involvement, legal work, medical and mental health treatment, and lost productivity. SEC. 3. INCENTIVE FOR STATES TO ENACT ENHANCED SENTENCING PROVISIONS FOR PERSONS CONVICTED OF COMMITTING ACT OF DOMESTIC VIOLENCE IN THE PRESENCE OF A MINOR CHILD. (a) In General.--For each fiscal year after the expiration of the period of implementation specified in subsection (b), a State shall provide by law enhanced sentencing provisions for persons convicted of committing, or attempting to commit, an act of domestic violence in the presence of minor children. (b) Period for Implementation by States.-- (1) Deadline.--Each State shall implement this section before 2 years after the date of the enactment of this Act. (2) Extensions.--The Attorney General may authorize up to one 1-year extension of the deadline in paragraph (1). (c) Failure of State To Comply.-- (1) In general.--For any fiscal year after the end of the period for implementation under subsection (b), a State that fails, as determined by the Attorney General, to substantially implement this section shall not receive 20 percent of the funds that would otherwise be allocated for that fiscal year to the State under the Violence Against Women Act of 2000. (2) State constitutionality.-- (A) In general.--When evaluating whether a State has substantially implemented this section, the Attorney General shall consider whether the State is unable to substantially implement this section because of a demonstrated inability to implement certain provisions that would place the State in violation of its constitution, as determined by a ruling of the State's highest court. (B) Efforts.--If the circumstances arise under subparagraph (A), then the Attorney General and the State shall make good faith efforts to accomplish substantial implementation of this section and to reconcile any conflicts between this section and the State's constitution. In considering whether compliance with the requirements of this section would likely violate the State's constitution or an interpretation thereof by the State's highest court, the Attorney General shall consult with the chief executive and chief legal officer of the State concerning the State's interpretation of the State's constitution and rulings thereon by the State's highest court. (C) Alternative procedures.--If the State is unable to substantially implement this section because of a limitation imposed by the State's constitution, the Attorney General may determine that the State is in compliance with this Act if the State has implemented, or is in the process of implementing, reasonable alternative procedures or accommodations that are consistent with the purposes of this Act. (D) Funding reduction.--If a State does not comply with subparagraph (C), then the State shall be subject to a funding reduction as specified in paragraph (1). (3) Reallocation.--Amounts not allocated under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) to a State for failure to substantially implement this section shall be reallocated under such subpart to States that have not failed to substantially implement this section or may be reallocated to a State from which they were withheld to be used solely for the purpose of implementing this section. (d) Definition of State.--In this section the term ``State'' shall have the meaning given such term in section 901(a) of Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a) et seq.).

Domestic Violence Enhanced Penalty Act of 2014 or Candace's Law - Directs a state to provide by law enhanced sentencing requirements for persons convicted of committing, or attempting to commit, an act of domestic violence in the presence of minor children. Prohibits a state that fails within two years to implement this Act substantially from receiving 20% of the funds that would otherwise be allocated to it for the fiscal year under the Violence Against Women Act of 2000. Allows for reasonable alternative procedures or accommodations for compliance by a state that is unable to implement this Act substantially because of a conflict with the state constitution.

Candace's Law

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Improving the Juvenile Justice System for Girls Act of 2016''. (b) Findings.--The Congress finds as follows: (1) The proportion of girls entering the justice system has increased steadily over the past several decades, and girls are among the fastest growing segment of the juvenile justice population. In 1991, around 20 percent of the juvenile arrests were girls. By 2012, girls represented nearly 30 percent. (2) Girls' pathways into juvenile justice involvement are distinct from boys' pathways. Girls account for a much larger proportion of nonviolent status offenders than delinquency offenders (40 percent compared to 14 percent, respectively). (3) Girls are, on average, younger than boys when they enter the juvenile justice system and frequently experience multiple traumatic events. (4) The trauma of untreated physical and sexual abuse results in lifetime consequences for girls. These consequences include a higher risk for a number of negative social and health outcomes such as higher mortality rates, a variety of psychiatric problems, dysfunctional and violent relationships, poor educational achievement, less stable work histories, increased risk for sexually transmitted diseases and early pregnancy, substance abuse or addiction, and increased reliance on social services as compared to non-delinquent girls. (5) A growing body of evidence suggests that girls who enter the juvenile justice system have equal if not higher rates of mental health issues than boys who enter the system. (6) Current research and data have shown that gender- responsive, strength-based programming providing trauma- informed care and trauma-specific services is the most effective means of preventing juvenile offenses and reducing recidivism. SEC. 2. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS. The second title V of the Juvenile Justice and Delinquency Prevention Act of 1974 (relating to Incentive Grants for Local Delinquency Prevention Programs, as added by Public Law 102-586 and amended by Public Law 107-273) is amended-- (1) by amending section 502 (42 U.S.C. 5781) to read as follows: ``SEC. 502. DEFINITIONS. ``In this title: ``(1) State advisory group.--The term `State advisory group' means the advisory group appointed by the chief executive officer of a State under a plan described in section 223(a). ``(2) Gender-responsive services.--The term `gender- responsive services' means practices or evidence-based services that-- ``(A) comprehensively address the unique social, emotional, and physical, mental, and behavioral health needs of girls in the juvenile justice system through the development or improvement of programs, treatment, counseling, and resources, and the selection and training of staff, in a manner that reflects an understanding of-- ``(i) the unique pathways of girls into the juvenile justice system; ``(ii) the need for interventions that address experiences of girls in the juvenile justice system, including histories of physical, emotional, and sexual abuse, violence, unhealthy family relationships, and substance abuse; ``(iii) the social and cultural factors affecting girls in the juvenile justice system and girls who are at risk of entering the juvenile justice system; and ``(iv) the increased risk of unplanned pregnancy or sexually transmitted infections among girls in the juvenile justice system; and ``(B) includes trauma-informed services and trauma- specific interventions, that are evidence-based and research based. ``(3) Trauma-informed services.--The term `trauma-informed services' means services that-- ``(A) address the neurological, biological, psychological, and social effects of traumatic stress on those who have experienced such stressors; ``(B) provide youth, staff, and family members with psychoeducational resources to enhance their understanding of trauma exposure, the impact of traumatic stress, and interventions to address post- traumatic reactions; ``(C) engage in efforts to strengthen the resilience and protective factors of those who have experienced traumatic stress; ``(D) include trauma-informed interventions that are based on an understanding of the triggers associated with post-traumatic stress, and are designed to provide support to, and avoid re-traumatization of, individuals who have experienced traumatic stressors; ``(E) emphasize continuity of care and collaboration among the providers of services and families of youth who have experienced traumatic stress; and ``(F) universally screen for signs of trauma and traumatic stress, with additional assessment and treatment performed by a mental health provider with specific training in, and qualified to provide, trauma- specific interventions for those individuals who have experienced traumatic stress. ``(4) Trauma-specific intervention.--The term `trauma- specific intervention' means an empirically supported therapeutic intervention designed to reduce or prevent the adverse impact of post-traumatic stress symptoms and enhance recovery and resilience for persons who have experienced traumatic stressors.''; (2) in section 504 (42 U.S.C. 5783)-- (A) in subsection (a)-- (i) by striking ``and'' after the semicolon in paragraph (7); (ii) by redesignating paragraph (8) as paragraph (9); and (iii) by inserting after paragraph (7) the following: ``(8) gender-responsive services; and''; and (B) in subsection (b)-- (i) in paragraph (2), by inserting ``, including a description of how the funds made available under this section will increase the effectiveness of such plan and the activities to be carried out under such plan'' before the semicolon; and (ii) in paragraph (3), by inserting ``, including a description of how the funds made available under this section will increase the effectiveness of such plan and the activities to be carried out under such plan'' before the semicolon; and (3) in section 505 (42 U.S.C. 5784)-- (A) by striking ``and'' before ``2008''; and (B) by inserting before the period at the end the following: ``2017, 2018, 2019, 2020, 2021, and 2022''.

Improving the Juvenile Justice System for Girls Act of 2016 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to include gender-responsive services in the grant program for juvenile delinquency prevention.The bill defines "gender-responsive services" as practices and evidence-based services, including trauma-informed services and trauma-specific interventions, that comprehensively address the unique challenges that girls face in the juvenile justice system. The bill adds, as requirements for delinquency prevention grant eligibility, that a unit of general local government provide statements of how funds will increase the effectiveness of plans and activities to be carried out under them.

Improving the Juvenile Justice System for Girls Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``VISN Reorganization Act of 2012''. SEC. 2. ADMINISTRATION OF VETERANS INTEGRATED SERVICE NETWORKS. (a) Veterans Integrated Service Networks.-- (1) In general.--Subchapter I of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7309. Veterans Integrated Service Networks ``(a) Organization.--The Secretary shall organize the Veterans Health Administration in 12 geographically defined Veterans Integrated Service Networks. ``(b) Alignment With Mission of Department.--The Secretary shall ensure that the staff, services, and programs of each Veterans Integrated Service Network are aligned with the mission of the Department and the specific health care requirements of each population of veterans in each Network. ``(c) Implementation of National Goals.--The Secretary shall ensure that each Veterans Integrated Service Network takes appropriate measures to implement the national goals of the Department within their networks and associated medical centers. ``(d) Integrated Health Care System.--The Secretary shall ensure that each Veterans Integrated Service Network maintains a regional integrated healthcare system by-- ``(1) implementing alliances with such other governmental, public, and private health care organizations and practitioners as the Secretary considers appropriate to meet the needs of veterans in the Network; ``(2) providing oversight and management of, and taking responsibility for, a regional budget for the activities of the Veterans Health Administration in the geographic area of the Network that-- ``(A) is aligned with the budget guidelines of the Department and the Veterans Health Administration; and ``(B) is balanced at the end of each fiscal year; ``(3) using national metrics to develop systems to provide effective, efficient, and safe delivery of health care that is rated as highly satisfactory by patients and families of patients; and ``(4) ensuring high quality clinical programs and services are rendered in and through-- ``(A) the medical centers and outpatient clinics of the Department that are located in the Network; and ``(B) other non-Department clinical or health care delivery settings located in the Network. ``(e) Reduction in Duplicate Functions.--The Secretary shall ensure that the Veterans Integrated Service Networks identify and reduce, whenever practicable, the duplication of functions in clinical, administrative, and operational processes and practices of the Veterans Health Administration. ``(f) Collaboration and Cooperation.--The Secretary shall ensure that each Veteran Integrated Service Network-- ``(1) works to achieve maximum effectiveness in patient care and safety, graduate medical education, and research; and ``(2) assesses the consolidation or realignment of institutional functions, including capital asset, safety, and operational support functions, in collaboration and cooperation with other Veterans Integrated Service Networks and the following offices or entities within the geographical area of the Network: ``(A) The offices of the Veterans Benefits Administration and the National Cemetery Administration. ``(B) The offices, installations, and facilities of the Department of Defense, including the offices, installations, and facilities of each branch of the Armed Forces and the reserve components of the Armed Forces. ``(C) The offices, installations, and facilities of the Coast Guard. ``(D) Offices of State and local agencies that have a mission to provide assistance to veterans. ``(E) Medical schools and other affiliates. ``(F) Offices of Congress, offices of State and local elected officials, and other government offices. ``(G) Federal, State and local emergency preparedness organizations. ``(H) Community and faith-based organizations. ``(I) Such other offices of the Federal Government as the Secretary considers appropriate. ``(g) Development and Sharing of Innovations and Practices.--The Secretary shall ensure that the Veterans Integrated Service Networks develop and share innovations and best practices with each other at the local, regional, and national levels. ``(h) Headquarters.--(1) The Secretary shall ensure that each Veterans Integrated Service Network has only one headquarters office. ``(2) The location of a headquarters office for a Veterans Integrated Service Network shall be determined by the Secretary and co- located with a Department of Veterans Affairs medical center. ``(3)(A) The Secretary may employ or contract for the services of not more than 65 full time equivalent employees and contractors at the headquarters of each Veterans Integrated Service Network. ``(B) Not less frequently than once each year, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on employment at the headquarters of Veterans Integrated Service Networks during the most recently completed fiscal year. ``(C) Each report submitted under subparagraph (B) shall include the following for the year covered by the report: ``(i) The number of individuals employed at each headquarters of a Veterans Integrated Service Network. ``(ii) The number of individuals employed by the Veterans Health Administration in each Veterans Integrated Service Network who are not employed at the same location as the headquarters of the Network. ``(iii) The title for each position of employment at a headquarters of a Veterans Integrated Service Network. ``(iv) The title for each position of employment with the Veterans Health Administration in each Veterans Integrated Service Network that is not at the same location as the headquarters of the Network. ``(v) An assessment of the impact on the budget of the Department by the employment of individuals at the headquarters of the Veterans Integrated Service Networks. ``(i) Triennial Structure Review, Reassessment, and Report.--(1) Beginning three years after the date of the enactment of this section and not less frequently than once every three years thereafter, the Secretary shall conduct a review and assessment of the structure and operations of the Veterans Integrated Service Networks. ``(2) Not later than 180 days after conducting a review and assessment under paragraph (1), the Secretary shall submit to the Committee of Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such review and assessment, which shall include such recommendations for legislative or regulatory action as the Secretary considers appropriate to improve the Veterans Integrated Service Networks.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7308 the following new item: ``7309. Veterans Integrated Service Networks.''. (b) Consolidation of Networks.-- (1) In general.--In order to comply with section 7309(a) of such title, as added by subsection (a)(1), not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall geographically realign and combine the 21 Veterans Integrated Service Networks in effect on the day before the date of the enactment of this Act into 12 geographically defined Veterans Integrated Service Networks as follows: (A) Veterans Integrated Service Network 1, Veterans Integrated Service Network 2, and Veterans Integrated Service Network 3 shall be combined into a single Veterans Integrated Service Network. (B) Veterans Integrated Service Network 4 and Veterans Integrated Service Network 5 shall be combined into a single Veterans Integrated Service Network. (C) Veterans Integrated Service Network 9 and Veterans Integrated Service Network 10 shall be combined into a single Veterans Integrated Service Network. (D) Veterans Integrated Service Network 11 and Veterans Integrated Service Network 12 shall be combined into a single Veterans Integrated Service Network. (E) Veterans Integrated Service Network 15 and Veterans Integrated Service Network 23 shall be combined into a single Veterans Integrated Service Network. (F) Veterans Integrated Service Network 17 and Veterans Integrated Service Network 18 shall be combined into a single Veterans Integrated Service Network. (G) Veterans Integrated Service Network 19 and Veterans Integrated Service Network 20 shall be combined into a single Veterans Integrated Service Network. (H) Veterans Integrated Service Network 21 and Veterans Integrated Service Network 22 shall be combined into a single Veterans Integrated Service Network. (2) Consolidation of headquarters.-- (A) In general.--Except as provided in subsection (c), for each set of Veterans Integrated Service Networks consolidated under paragraph (1), the Secretary shall retain one of the headquarters of such set in effect on the day before the date of the enactment of this Act in the same location as in effect on the day before such date and eliminate any other headquarters of such set to meet the requirements of section 7309(h) of title 38, United States Code, as added by subsection (a). (B) Reemployment assistance.--For each individual who's position of employment is eliminated as a result of eliminating a headquarters under subparagraph (A), the Secretary shall take such measures as the Secretary considers practicable to find a new position of employment for such individual within the Department of Veterans Affairs. (3) Implementation plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee of Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to carry out this subsection. (c) Relocation of Headquarters.-- (1) In general.--In the case of a headquarters office of a Veterans Integrated Service Network that on the day before the date of the enactment of this Act was in a location that was not co-located with a Department of Veterans Affairs medical center and the Secretary is engaged in a lease for such location, the Secretary may-- (A) relocate such headquarters upon the expiration of such lease so that such headquarters is co-located as required by section 7309(h)(2) (as added by subsection (a)(1)); or (B) notwithstanding section 7309(h)(2) (as so added), renew such lease or enter into a new lease to keep such headquarters in such location. (2) Report.--If the Secretary renews a lease or engages in a new lease under paragraph (1)(B), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, before renewing such lease or engaging in such lease, a report describing the reasons for such renewal or engagement. Such report shall include the following: (A) A list of Department of Veterans Affairs medical centers in the Veterans Integrated Service Network of the headquarters with underutilized buildings, the number of such buildings, and the total underutilized square footage for each such medical center. (B) The cost of the current lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the current square footage being leased. (C) The cost of the new lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the square footage to be leased. SEC. 3. REGIONAL SUPPORT CENTERS FOR VETERANS INTEGRATED SERVICE NETWORKS. (a) In General.--Subchapter I of chapter 73 of title 38, United States Code, as amended by section 2(a), is further amended by adding at the end the following new section: ``Sec. 7309A. Regional support centers for Veterans Integrated Service Networks ``(a) Establishment.--The Secretary shall establish not more than four regional support centers within the Veterans Health Administration to assess the effectiveness and efficiency of the Veterans Integrated Service Networks. The head of each regional support center shall report to the Under Secretary of Health. ``(b) Functions.--The functions of the regional support centers established under subsection (a) are as follows: ``(1) To assess the quality of work performed within finance operations and other compliance related activities of the Veterans Integrated Service Networks. ``(2) To assess how effectively and efficiently each Veterans Integrated Service Network conducts outreach to veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, or other contingency operation (as defined in section 101 of title 10). ``(3) To assess how effectively and efficiently each Veterans Integrated Service Network conducts programs for the benefit of women veterans. ``(4) To assess how effectively and efficiently each Veterans Integrated Service Network conducts programs that address homelessness among veterans. ``(5) To assess how effectively and efficiently each Veterans Integrated Service Network consumes energy. ``(6) To assess such other matters concerning the operations and activities of the Veterans Integrated Service Networks as the Secretary considers appropriate. ``(c) Staff.--The Secretary may hire such employees and contractors as the Secretary considers appropriate to carry out the functions of the regional support centers. ``(d) Location of Regional Support Centers.--(1) Except as provided in paragraph (2), the location of each regional support center established under subsection (a) shall be determined by the Secretary and co-located with a Department of Veterans Affairs medical center. ``(2) The Secretary may choose a location for a regional support center established under subsection (a) that is not co-located with a Department of Veterans Affairs medical center if the Secretary submits to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, before engaging in a lease for such location, a report describing the Secretary's reasons for choosing a location for the regional support center that is not co-located with a Department of Veterans Affairs medical center. Such report shall include the following: ``(A) A list of Department of Veterans Affairs medical centers in the Veterans Integrated Service Network of the regional support center with underutilized buildings, the number of all Veterans Health Administration buildings in such Network, and the total underutilized square footage for each medical center in such Network. ``(B) In the case that the Secretary engages in a lease for the location of the regional support center, the cost of such lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the square footage to be leased.''. (b) Initial Staffing.--In providing for the initial staff of each regional support center established under section 7309A(a) of such title, as added by subsection (a), the Secretary shall, to the degree practicable, transfer employees from headquarters of Veterans Integrated Service Networks to regional support centers who were employed in positions at such headquarters that covered functions similar to those described in section 7309A(b) of such title, as so added. (c) Clerical Amendment.--The table of sections at the beginning of chapter 73 of such title, as amended by section 2(a)(2), is further amended by inserting after the item relating to section 7309 the following new item: ``7309A. Regional support centers for Veterans Integrated Service Networks.''. SEC. 4. CONSTRUCTION. Nothing in this Act shall be construed to require any change in the location or type of medical care or service provided by a Department of Veterans Affairs medical center, a Department community based outpatient clinic, a center for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code (known as a ``vet center''), or other facility that provides direct care or services under a law administered by the Secretary of Veterans Affairs.

VISN Reorganization Act of 2012 - Directs the Secretary of Veterans Affairs to organize the Veterans Health Administration (VHA) into 12 geographically defined Veterans Integrated Service Networks (VISNs). Directs the Secretary to ensure that each VISN: (1) is aligned with the mission of the Department of Veterans Affairs (VA) and the specific health care requirements of veterans in that network; (2) implements VA national goals within their network and associated medical centers; (3) maintains a regional integrated health care system; (4) identifies and reduces the duplication of functions in VHA clinical, administrative, and operational processes and practices; (5) works to achieve maximum effectiveness in patient care and safety, graduate medical education, and research; (6) assesses the consolidation or realignment of institutional functions, in collaboration and cooperation with other VISNs and specified offices or entities within their network; and (7) develops and shares innovations and best practices with each other at the local, regional, and national levels. Prohibits more than one headquarters for each VISN, with no more than 65 full-time employees. Requires the Secretary to report at least annually to the congressional veterans committees on employment at VISN headquarters. Directs the Secretary, at least every three years, to: (1) review and assess VISN structure and operations, and (2) submit review results to such committees. Requires the Secretary, in order to comply with the requirements of this Act, to realign and combine the current 21 VISNs into 12 geographically defined VISNs, and to appropriately consolidate VISN headquarters. Directs the Secretary to submit to such committees a realignment implementation plan. Provides for the relocation of leased VISN headquarters, requiring the Secretary to notify such committees if renewing or engaging in a new lease for any headquarters. Directs the Secretary to establish up to four regional support centers within the VHA to assess the effectiveness and efficiency of the VISNs.

A bill to require the Secretary of Veterans Affairs to reorganize the Veterans Integrated Service Networks of the Veterans Health Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commemorative Coins Act of 1995''. TITLE I--SPECIFIC COINS AUTHORIZED SEC. 101. BICENTENNIAL OF UNITED STATES GOLD COINAGE. (a) Denomination.--In commemoration of the bicentennial of United States gold coinage, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 25,000 10 dollar gold coins, which shall have such weight, diameter, and contents as the Secretary determines to be appropriate. (b) Design Requirements.--The design of the coins minted under this section shall be emblematic of the bicentennial of United States gold coinage. (c) Period for Issuance.--The Secretary may mint coins under this section only during the 1-year period ending on December 31, 1995. SEC. 102. UNITED NATIONS AND HARRY S TRUMAN. (a) Denominations.--In commemoration of the 50th anniversary of the founding of the United Nations and the role of President Harry S Truman in the founding of the United Nations, the Secretary shall mint and issue the following coins: (1) $5 gold coins.--Not more than 75,000 5 dollar coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 350,000 1 dollar coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Design Requirements.--The design of the coins minted under this section shall be emblematic of the 50th anniversary of the founding of the United Nations and the role of President Harry S Truman in the founding of the United Nations. (c) Period for Issuance.--The Secretary may issue coins minted under this section only during the 1-year period beginning on the date the 1st such coins are issued in 1996. (d) Surcharges.--All sales of coins issued under this section shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. (e) Recipient Organization.--All surcharges received by the Secretary from the sale of coins issued under this section shall be promptly distributed by the Secretary as follows: (1) 50 percent shall be paid to the Harry S Truman Library Foundation for the purpose of supporting and maintaining the Harry S Truman Library. (2) 50 percent shall be paid to the United Nations Association for the purpose of assisting with educational activities, such as high school and college model United Nations' programs and other grassroots activities, that highlight the United Nations and the role of the United States in that world body. SEC. 103. SMITHSONIAN INSTITUTION. (a) Denominations.--In commemoration of the sesquicentennial of the founding of the Smithsonian Institution, the Secretary shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 5 dollar coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 800,000 1 dollar coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Design Requirements.-- (1) In general.--The design of the coins minted under this section shall be emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. (2) Additional inscription.--In addition to the inscriptions required under section 203(a), on each coin minted under this section there shall be an inscription of the following phrase from the original bequest of James Smithson: ``for the increase and diffusion of knowledge''. (c) Period for Issuance.--The Secretary may issue coins minted under this section only during the period beginning on August 1, 1996, and ending on July 31, 1997. (d) Surcharges.--All sales of coins issued under this section shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. (e) Recipient Organization.--All surcharges received by the Secretary from the sale of coins issued under this section shall be promptly paid by the Secretary to the Smithsonian Institution for the purpose of supporting the National Numismatic Collection at the National Museum of American History. SEC. 104. FRANKLIN DELANO ROOSEVELT. (a) Denomination.--In commemoration of the public opening of the Franklin Delano Roosevelt Memorial in Washington, DC, which will honor President Roosevelt's leadership and legacy in shaping life in the United States as we know it today, the Secretary shall mint and issue not more than 100,000 5 dollar coins, which shall-- (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (b) Design Requirements.--The design of the coins minted under this section shall be emblematic of the leadership and legacy of Franklin Delano Roosevelt. (c) Period for Issuance.--The Secretary may issue coins minted under this section only during the period beginning on January 1, 1997, and ending on December 31, 1997. (d) Surcharges.--All sales of coins issued under this section shall include a surcharge of $35 per coin. (e) Recipient Organization.--All surcharges received by the Secretary from the sale of coins issued under this section shall be promptly paid by the Secretary to the Franklin Delano Roosevelt Memorial Commission for the purpose of supporting and maintaining the Franklin Delano Roosevelt Memorial. SEC. 105. YELLOWSTONE NATIONAL PARK. (a) Denomination.--In commemoration of the 125th anniversary of the establishment of the 1st national park in the United States, Yellowstone National Park, and the birth of the concept of a national park, the Secretary shall mint and issue not more than 500,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Design Requirements.--The design of the coins minted under this section shall be emblematic of the 125th anniversary of the establishment of the 1st national park in the United States, Yellowstone National Park. (c) Period for Issuance.--The Secretary may issue coins minted under this section only during the period beginning on January 1, 1997, and ending on December 31, 1997. (d) Surcharges.--All sales of coins issued under this section shall include a surcharge of $10 per coin. (e) Recipient Organizations.--All surcharges received by the Secretary from the sale of coins issued under this section shall be promptly distributed by the Secretary as follows: (1) 50 percent shall be paid to the National Park Foundation for the purpose of supporting national parks. (2) 50 percent shall be paid to the Yellowstone National Park for the purpose of supporting Yellowstone National Park. SEC. 106. NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL. (a) Denomination.--In commemoration of the sacrifices of law enforcement officers and their families in preserving public safety, the Secretary shall mint and issue not more than 500,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Design Requirements.--The design of the coins minted under this section shall be emblematic of the sacrifices of law enforcement officers and their families in preserving public safety. (c) Period for Issuance.-- (1) In general.--The Secretary may issue coins minted under this section only during the period beginning on January 1, 1997, and ending on December 31, 1997. (2) Commencement of issuance.--The Secretary shall begin issuing coins under this section not later than May 1, 1997. (d) Surcharges.--All sales of coins issued under this section shall include a surcharge of $10 per coin. (e) Recipient Organization.--All surcharges received by the Secretary from the sale of coins issued under this section shall be promptly paid by the Secretary to the National Law Enforcement Officers Memorial Fund, Inc. (the nonprofit organization established to raise funds for and oversee the construction of the National Law Enforcement Officers Memorial in Washington, DC) for the purpose of supporting the National Law Enforcement Officers Memorial and related programs. TITLE II--GENERAL PROVISIONS SEC. 201. GENERAL SPECIFICATIONS. (a) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (c) Recipient Organization Defined.--For purposes of this Act, the term ``recipient organization'' means, with respect to any coins issued under any section of title I (other than section 101), the organization designated, under subsection (e) of such section, as the recipient of surcharges from the sale of such coins. SEC. 202. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. (b) Silver.--The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 203. DESIGN OF COINS. (a) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year of issuance of the coin (or, in the case of coins issued in more than 1 year, the 1st year of issuance); and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under any section of title I shall be-- (1) selected by the Secretary after consultation with each recipient organization with respect to such coins and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 204. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. SEC. 205. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided under the appropriate section of title I with respect to each such coin; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 206. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 207. AUDITS OF SURCHARGES. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each recipient organization with respect to coins issued under this Act as may be related to the expenditures of amounts paid to such organization by the Secretary of the Treasury under title I. SEC. 208. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

TABLE OF CONTENTS: Title I: Specific Coins Authorized Title II: General Provisions United States Commemorative Coins Act of 1995 - Title I: Specific Coins Authorized - Requires the Secretary of the Treasury to mint and issue ten-dollar gold coins to commemorate the bicentennial of United States gold coinage. (Sec. 102) Requires the Secretary to mint and issue five-dollar gold coins and one-dollar silver coins to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman. Directs coin sale surcharge distribution to the Harry S. Truman Library Foundation and the U.N. Association. (Sec. 103) Requires the Secretary to mint and issue coins commemorating: (1) the sesquicentennial of the founding of the Smithsonian Institution; (2) the public opening of the Franklin Delano Roosevelt Memorial, Washington, D.C.; (3) the 125th anniversary of the establishment of the first U.S. National Park, Yellowstone National Park; and (4) the sacrifices of law enforcement officers and their families in preserving public safety, with surcharge proceeds paid to the National Law Enforcement Officers Memorial Fund, Inc. Title II: General Provisions - Mandates that the design for the coins be: (1) selected by the Secretary after consultation with recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.

United States Commemorative Coins Act of 1995

SECTION 1. AUTOMATIC INCREASE IN THE FEDERAL MEDICAL ASSISTANCE PERCENTAGE DURING PERIODS OF NATIONAL ECONOMIC DOWNTURN. (a) National Economic Downturn Assistance FMAP.-- (1) In general.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (A) in subsection (b), in the first sentence-- (i) by striking ``and (4)'' and inserting ``(4)''; and (ii) by inserting ``and (5) with respect to each fiscal year quarter other than the first quarter of a national economic downturn assistance period described in subsection (y)(1), the Federal medical assistance percentage for any State described in subsection (y)(2) shall be equal to the national economic downturn assistance FMAP determined for the State for the quarter under subsection (y)(3)'' before the period; and (B) by adding at the end the following: ``(y) National Economic Downturn Assistance FMAP.--For purposes of clause (5) of the first sentence of subsection (b): ``(1) National economic downturn assistance period.--A national economic downturn assistance period described in this paragraph-- ``(A) begins with the first fiscal year quarter for which the Secretary determines that for at least 23 States, the rolling average unemployment rate for that quarter has increased by at least 10 percent over the corresponding quarter for the most recent preceding 12- month period for which data are available (in this subsection referred to as the `trigger quarter'); and ``(B) ends with the first succeeding fiscal year quarter for which the Secretary determines that less than 23 States have a rolling average unemployment rate for that quarter with an increase of at least 10 percent over the corresponding quarter for the most recent preceding 12-month period for which data are available. ``(2) Eligible state.--A State described in this paragraph is a State for which the Secretary determines that the rolling average unemployment rate for the State for any quarter occurring during a national economic downturn assistance period described in paragraph (1) has increased over the corresponding quarter for the most recent preceding 12-month period for which data are available. ``(3) Determination of national economic downturn assistance fmap.-- ``(A) In general.--The national economic downturn assistance FMAP for a fiscal year quarter determined with respect to a State under this paragraph is equal to the Federal medical assistance percentage for the State for that quarter increased by the number of percentage points determined by-- ``(i) dividing-- ``(I) the Medicaid additional unemployed increased cost amount determined under subparagraph (B) for the quarter; by ``(II) the State's total Medicaid quarterly spending amount determined under subparagraph (C) for the quarter; and ``(ii) multiplying the quotient determined under clause (i) by 100. ``(B) Medicaid additional unemployed increased cost amount.--For purposes of subparagraph (A)(i)(I), the Medicaid additional unemployed increased cost amount determined under this subparagraph with respect to a State and a quarter is the product of the following: ``(i) State increase in rolling average number of unemployed individuals from the base quarter of unemployment.-- ``(I) In general.--The amount determined by subtracting the rolling average number of unemployed individuals in the State for the base unemployment quarter for the State determined under subclause (II) from the rolling average number of unemployed individuals in the State for the quarter. ``(II) Base unemployment quarter defined.-- ``(aa) In general.--For purposes of subclause (I), except as provided in item (bb), the base quarter for a State is the quarter with the lowest rolling average number of unemployed individuals in the State in the 12-month period preceding the trigger quarter for a national economic downturn assistance period described in paragraph (1). ``(bb) Exception.--If the rolling average number of unemployed individuals in a State for a quarter occurring during a national economic downturn assistance period described in paragraph (1) is less than the rolling average number of unemployed individuals in the State for the base quarter determined under item (aa), that quarter shall be treated as the base quarter for the State for such national economic downturn assistance period. ``(ii) National average amount of additional federal medicaid spending per additional unemployed individual.--In the case of-- ``(I) a calendar quarter occurring in fiscal year 2012, $350; and ``(II) a calendar quarter occurring in any succeeding fiscal year, the amount applicable under this clause for calendar quarters occurring during the preceding fiscal year, increased by the annual percentage increase in the medical care component of the consumer price index for all urban consumers (U.S. city average), as rounded up in an appropriate manner. ``(iii) State nondisabled, nonelderly adults and children medicaid spending index.-- ``(I) In general.--With respect to a State, the quotient (not to exceed 1.00) of-- ``(aa) the State expenditure per person in poverty amount determined under subclause (II); divided by-- ``(bb) the National expenditure per person in poverty amount determined under subclause (III). ``(II) State expenditure per person in poverty amount.--For purposes of subclause (I)(aa), the State expenditure per person in poverty amount is the quotient of-- ``(aa) the total amount of annual expenditures by the State for providing medical assistance under the State plan to nondisabled, nonelderly adults and children; divided by ``(bb) the total number of nonelderly adults and children in poverty who reside in the State, as determined under paragraph (4)(A). ``(III) National expenditure per person in poverty amount.--For purposes of subclause (I)(bb), the National expenditure per person in poverty amount is the quotient of-- ``(aa) the sum of the total amounts determined under subclause (II)(aa) for all States; divided by ``(bb) the sum of the total amounts determined under subclause (II)(bb) for all States. ``(C) State's total medicaid quarterly spending amount.--For purposes of subparagraph (A)(i)(II), the State's total Medicaid quarterly spending amount determined under this subparagraph with respect to a State and a quarter is the amount equal to-- ``(i) the total amount of expenditures by the State for providing medical assistance under the State plan to all individuals enrolled in the plan for the most recent fiscal year for which data is available; divided by ``(ii) 4. ``(4) Data.--In making the determinations required under this subsection, the Secretary shall use, in addition to the most recent available data from the Bureau of Labor Statistics Local Area Unemployment Statistics for each State referred to in paragraph (5), the most recently available-- ``(A) data from the Bureau of the Census with respect to the number of nonelderly adults and children who reside in a State described in paragraph (2) with family income below the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved (or, if the Secretary determines it appropriate, a multiyear average of such data); ``(B) data reported to the Secretary by a State described in paragraph (2) with respect to expenditures for medical assistance under the State plan under this title for nondisabled, nonelderly adults and children; and ``(C) econometric studies of the responsiveness of Medicaid enrollments and spending to changes in rolling average unemployment rates and other factors, including State spending on certain Medicaid populations. ``(5) Definition of `rolling average number of unemployed individuals', `rolling average unemployment rate'.--In this subsection, the term-- ``(A) `rolling average number of unemployed individuals' means, with respect to a calendar quarter and a State, the average of the 12 most recent months of seasonally adjusted unemployment data for each State; ``(B) `rolling average unemployment rate' means, with respect to a calendar quarter and a State, the average of the 12 most recent monthly unemployment rates for the State; and ``(C) `monthly unemployment rate' means, with respect to a State, the quotient of-- ``(i) the monthly seasonally adjusted number of unemployed individuals for the State; divided by ``(ii) the monthly seasonally adjusted number of the labor force for the State, using the most recent data available from the Bureau of Labor Statistics Local Area Unemployment Statistics for each State. ``(6) Increase in cap on payments to territories.--With respect to any fiscal year quarter for which the national economic downturn assistance Federal medical assistance percentage applies to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa, the amounts otherwise determined for such commonwealth or territory under subsections (f) and (g) of section 1108 shall be increased by such percentage of such amounts as the Secretary determines is equal to twice the average increase in the national economic downturn assistance FMAP determined for all States described in paragraph (2) for the quarter. ``(7) Scope of application.--The national economic downturn assistance FMAP shall only apply for purposes of payments under section 1903 for a quarter and shall not apply with respect to-- ``(A) disproportionate share hospital payments described in section 1923; ``(B) payments under title IV or XXI; or ``(C) any payments under this title that are based on the enhanced FMAP described in section 2105(b). ``(8) Additional requirement for certain states.--In the case of a State described in paragraph (2) that requires political subdivisions within the State to contribute toward the non-Federal share of expenditures required under section 1902(a)(2), the State shall not require that such political subdivisions pay for any fiscal year quarters occurring during a national economic downturn assistance period a greater percentage of the non-Federal share of such expenditures, or a greater percentage of the non-Federal share of payments under section 1923, than the respective percentage that would have been required by the State under State law in effect on the first day of the fiscal year quarter occurring immediately prior to the trigger quarter for the period.''. (2) Effective date; no retroactive application.--The amendments made by paragraph (1) take effect on January 1, 2012. In no event may a State receive a payment on the basis of the national economic downturn assistance Federal medical assistance percentage determined for the State under section 1905(y)(3) of the Social Security Act for amounts expended by the State prior to January 1, 2012. (b) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall analyze the previous periods of national economic downturn, including the most recent such period in effect as of the date of enactment of this Act, and the past and projected effects of temporary increases in the Federal medical assistance percentage under the Medicaid program with respect to such periods. (2) Report.--Not later than April 1, 2011, the Comptroller General of the United States shall submit a report to Congress on the results of the analysis conducted under paragraph (1). Such report shall include such recommendations as the Comptroller General determines appropriate for modifying the national economic downturn assistance FMAP established under section 1905(y) of the Social Security Act (as added by subsection (a)) to improve the effectiveness of the application of such percentage in addressing the needs of States during periods of national economic downturn, including recommendations for-- (A) improvements to the factors that begin and end the application of such percentage; (B) how the determination of such percentage could be adjusted to address State and regional economic variations during such periods; and (C) how the determination of such percentage could be adjusted to be more responsive to actual Medicaid costs incurred by States during such periods, as well as to the effects of any other specific economic indicators that the Comptroller General determines appropriate.

Amends title XIX (Medicaid) of the Social Security Act to authorize an automatic increase in the federal medical assistance percentage (FMAP) for any eligible state during periods of national economic downturn. Directs the Comptroller General to analyze and report to Congress on previous periods of national economic downturn, including the most recent one, and the past and projected effects of temporary increases in the Medicaid FMAP with respect to them.

A bill to provide for an automatic increase in the federal matching rate for the Medicaid program during periods of national economic downturn to help States cope with increases in Medicaid costs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shellfish Safety Act of 1993''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) protect against the hazards to human health associated with the consumption of shellfish; and (2) ensure the public confidence in the wholesomeness and labeling of shellfish products consumed in the United States. SEC. 3. NATIONAL SHELLFISH SAFETY PROGRAM. (a) Establishment.--Not later than 9 months after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Commerce, other appropriate Federal agencies and the Conference shall establish a National Shellfish Safety Program to carry out the purposes of this Act. (b) Guidelines.--The National Shellfish Safety Program established under subsection (a) shall include the issuance of guidelines for-- (1) shellfish growers, shellfish harvesters, shellfish shippers, and their vessels; (2) water quality of shellfish growing and harvesting areas; (3) monitoring the movement of domestic and imported shellfish in interstate commerce; (4) monitoring and controlling biotoxins and other naturally occurring pathogens and bacterial, viral, and chemical contaminants in shellfish; and (5) such other matters as are necessary to carry out the purposes of this Act. (c) Existing Guidelines.--The Program shall be consistent with guidelines adopted by the Conference pursuant to the Memorandum of Understanding between the Conference and the Food and Drug Administration, dated March 14, 1984. (d) Review and Revision.--The Secretary, in consultation with the Conference, shall periodically review and revise the Program to ensure that the program continues to carry out the purposes of this Act. SEC. 4. DOMESTIC SHELLFISH SAFETY. (a) State Shellfish Safety Programs.--Each shellfish producing State shall submit to the Secretary, within 6 months after the establishment of the Program and annually thereafter-- (1) a proposed State shellfish safety program to-- (A) manage its shellfish safety program consistent with the Program; (B) monitor and classify shellfish growing and harvest areas in the State consistent with the Program; (C) establish procedures for the closure and reopening of shellfish growing and harvest areas in the State that do not meet the standards of the Program; (D) certify those shellfish shippers in the State that comply with the requirements of the Program; and (E) provide adequate monitoring and enforcement to ensure that standards and procedures established under the Program are met. (b) Certified Shellfish Shippers List.--Each State shall submit to the Secretary each month, a list of those shellfish shippers that are certified by the State as meeting the requirements of the Program. (c) Classified Waters List.--Each shellfish producing State shall submit to the Secretary each month, a list of those shellfish harvesting and growing waters that are classified by the State as meeting the requirements of the Program. SEC. 5. IMPORTED SHELLFISH SAFETY. (a) Memorandum of Understanding.--After the date of the establishment of the Program, the Secretary may enter into a memorandum of understanding with any foreign country which the Secretary determines has a shellfish safety program that is at least equivalent to the Program. (b) Contents.--A memorandum of understanding entered into by the Secretary under this section shall-- (1) provide for such verification activities by the Secretary as the Secretary considers appropriate to determine that the shellfish safety program of the foreign country is at least equivalent to the Program; and (2) require the foreign country to-- (A) manage its shellfish safety program under standards and procedures that are at least equivalent to the Program; (B) certify to the Secretary those shellfish shippers located in the foreign country that comply with the Program; and (C) maintain and make available to the Secretary a list of those shellfish harvesting and growing waters of the foreign country that are classified by the foreign country as meeting requirements at least equivalent to the Program. SEC. 6. PUBLICATION OF LISTS. The Secretary shall, within 60 days after the establishment of the Program-- (1) establish, maintain, publish, and distribute monthly a list of those shellfish shippers that are certified by a State or a foreign country as meeting the requirements of the Program; and (2) establish, maintain, publish, and distribute monthly a list of those shellfish harvesting and growing waters that are classified by States and foreign countries as meeting the requirements of the Program. SEC. 7. DELISTING OF CERTIFIED SHIPPERS. After consultation with the appropriate State or foreign shellfish control agency and the Conference, the Secretary may remove a shellfish shipper from the list under section 6(1) if the Secretary determines that-- (1) the shipper is not in compliance with the standards and procedures established under the Program that are applicable to the shipper; and (2) the State or foreign country which certified that shipper under section 4(b) or 5(b)(2)(A), respectively, has not taken appropriate action with respect to that noncompliance. SEC. 8. CERTAIN SHELLFISH DEEMED UNFIT FOR HUMAN CONSUMPTION. Shellfish is deemed to be adulterated for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) if-- (1) it is grown or harvested in a foreign country that has not entered into a memorandum of understanding with the Secretary in accordance with section 5 within 6 months after the date of the enactment of the Program; (2) it is grown or harvested in a State that does not have State shellfish safety program that is approved by the Secretary under section 4; (3) it is harvested from waters that-- (A) have not been classified by a State or a foreign country as meeting the requirements of the Program; or (B) are otherwise deemed by the Secretary to be unsuitable for harvesting; or (4) it is shipped by a shellfish shipper not on the list published by the Secretary under section 6(1). SEC. 9. ASSISTANCE FOR STATE SHELLFISH SAFETY PROGRAMS. The Secretary may enter into cooperative agreements with States for developing, implementing, and maintaining State shellfish safety programs in accordance with the Program. SEC. 10. RESTORATION OF SHELLFISH GROWING AND HARVEST WATERS. (a) Evaluation.--The Secretary of Commerce shall, in cooperation with the Administrator of the Environmental Protection Agency and the States-- (1) establish and maintain a list of those State shellfish growing and harvesting areas where shellfish harvesting is conditional or prohibited; (2) determine the causes of those conditions and prohibitions; and (3) evaluate the potential for removing those conditions and prohibitions. (b) Cooperative Agreements.--The Secretary of Commerce may enter into cooperative agreements with States for developing and implementing restoration programs for shellfish growing and harvesting areas listed under subsection (a)(1). SEC. 11. DEFINITIONS. For the purpose of this Act, the term-- (1) ``Conference'' means the Interstate Shellfish Sanitation Conference; (2) ``Program'' means the National Shellfish Safety Program established under section 3; (3) ``Secretary'' means the Secretary of Health and Human Services; (4) ``shellfish''-- (A) means any species of molluscan bivalves; (B) includes oysters, clams, mussels, and scallops (except scallop abductor muscles); and (C) includes any such species that is shucked, in the shell, fresh, frozen, canned, cooked, thermally processed, or breaded; (5) ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory of possession of the United States; and (6) ``shellfish shipper'' means any person that shucks, packs, repacks, ships, or processes (including cooking, canning, freezing, depurating, breading, thermal processing, or other handling) shellfish in interstate commerce.

Shellfish Safety Act of 1993 - Mandates the establishment of a National Shellfish Safety Program, including the issuance of guidelines for: (1) shellfish growers, harvesters, and shippers and their vessels; (2) water quality of shellfish growing and harvesting areas; (3) monitoring the movement of domestic and imported shellfish in interstate commerce; and (4) monitoring and controlling biotoxins and contaminants. Provides for State programs, including monitoring, classifying, and closing growing and harvesting areas and certification of shippers. Authorizes a memorandum of understanding with any country with a program at least equivalent to the Program providing for specified matters, including requiring the country to certify shippers and make available a list of waters classified as meeting requirements at least equivalent to the Program. Deems adulterated, for purposes of the Federal Food, Drug, and Cosmetic Act, shellfish: (1) grown or harvested in a country without such a memorandum; (2) grown or harvested in a State without an approved program; (3) harvested from waters not classified as meeting the requirements of the program or otherwise deemed unsuitable for harvesting; or (4) shipped by an uncertified shipper. Directs the Secretary of Commerce to evaluate the potential for removing conditions and prohibitions on growing and harvesting areas. Authorizes cooperative agreements with States for restoration of such areas.

Shellfish Safety Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act - Part 2'' or the ``EMPOWER Act - Part 2''. SEC. 2. TAX TREATMENT OF AMOUNTS RELATED TO JUDGMENTS. (a) Denial of Deduction.-- (1) In general.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 280I. AMOUNTS RELATED TO JUDGMENTS WITH RESPECT TO WORKPLACE HARASSMENT, INCLUDING SEXUAL HARASSMENT. ``No deduction shall be allowed under this chapter for amounts paid or incurred by the taxpayer-- ``(1) pursuant to any judgment or award in litigation related to workplace harassment, including sexual harassment, or ``(2) for expenses and attorney's fees in connection with the litigation resulting in the judgment or award described in paragraph (1) (other than expenses or attorney's fees paid by the workplace harassment plaintiff or claimant), or for any insurance covering the defense or liability of the underlying claims with respect to such litigation.''. (2) Clerical amendment.--The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 280I. Amounts related to judgments with respect to workplace harassment, including sexual harassment.''. (3) Conforming amendment.--Section 162 of such Code is amended by striking subsection (q). (4) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. (b) Exclusion From Income.-- (1) In general.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139G the following new section: ``SEC. 139H. AMOUNTS RECEIVED IN CONNECTION WITH JUDGMENTS, AWARDS, AND SETTLEMENTS WITH RESPECT TO WORKPLACE HARASSMENT. ``Gross income shall not include any amount received in connection with a judgment or award in, or a settlement of-- ``(1) a claim related to workplace harassment, including sexual harassment or other unlawful discrimination, or ``(2) any other claim of unlawful discrimination (as defined by section 62(e)). The preceding sentence shall not include any employment discrimination compensation to which section 1302 applies.''. (2) Clerical amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139G the following new item: ``Sec. 139H. Amounts received in connection with judgments, awards, or settlements with respect to workplace harassment.''. (3) Effective date.--The amendments made by this subsection shall apply to amounts received in taxable years beginning after the date of the enactment of this Act. SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR COMPENSATION RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. (a) In General.--Part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to income averaging) is amended by adding at the end the following new section: ``SEC. 1302. INCOME FROM COMPENSATION RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. ``(a) General Rule.--In the case of any employment discrimination compensation received during any taxable year, the tax imposed by this chapter for such taxable year with respect to such compensation shall not exceed the sum of-- ``(1) the tax which would be so imposed if-- ``(A) no amount of such compensation were included in gross income for such year, and ``(B) no deduction were allowed for such year for expenses otherwise allowable as a deduction to the taxpayer for such year in connection with making or prosecuting any claim of unlawful employment discrimination by or on behalf of the taxpayer, plus ``(2) the product of-- ``(A) the combined number of years in the backpay period and the foregone compensation period, and ``(B) the amount by which the tax determined under paragraph (1) would increase if the sum of-- ``(i) the average of the average annual net employment discrimination compensation in the backpay period, and ``(ii) the average of the average annual net employment discrimination compensation in the foregone compensation period, were included in gross income for such year. ``(b) Definitions.--For purposes of this section-- ``(1) Employment discrimination compensation.--The term `employment discrimination compensation' means any backpay or foregone compensation receivable (whether as lump sums or periodic payments) on account of a judgment or settlement resulting from a claim of unlawful discrimination (as defined in section 62(e)) in violation of law which relates to employment. ``(2) Backpay.--The term `backpay' means amounts which are includible in gross income for the taxable year as compensation which is attributable to services performed (or which would have been performed but for the violation of law described in paragraph (1)) as an employee, former employee, or prospective employee in years before such taxable year for the taxpayer's employer, former employer, or prospective employer. ``(3) Foregone compensation.--The term `foregone compensation' means amounts which are includible in gross income for the taxable year as compensation which is attributable to services which would have been performed in years after such taxable year but for the violation of law described in paragraph (1). ``(4) Backpay period.--The term `backpay period' means the period during which services described in paragraph (2) were performed or would have been performed but for the violation of law described in paragraph (1). If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(5) Foregone compensation period.--The term `foregone compensation period' means the period during which services described in paragraph (3) would have been performed but for the violation of law described in paragraph (1). If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(6) Average annual net employment discrimination compensation.--The term `average annual net employment discrimination compensation' with respect to any period means the amount equal to-- ``(A) the excess of-- ``(i) employment discrimination compensation attributable to such period, over ``(ii) the amount of the deductions described in subsection (a)(1)(B), divided by ``(B) the total number of years in the backpay period and the foregone compensation period.''. (b) Clerical Amendment.--The table of sections for part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 1301 the following new item: ``Sec. 1302. Income from compensation received on account of certain unlawful employment discrimination.''. (c) Income Averaging Not To Increase Alternative Minimum Tax Liability.--Section 55(c) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Coordination with income averaging for amounts received on account of employment discrimination.--Solely for purposes of this section, section 1302 shall not apply in computing the regular tax liability.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.

Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act - Part 2 or the EMPOWER Act - Part 2 This bill amends the Internal Revenue Code to modify the tax treatment of expenses and payments related to workplace harassment and employment discrimination. The bill prohibits a tax deduction for amounts paid or incurred by the taxpayer: pursuant to any judgment or award in litigation related to workplace harassment, including sexual harassment; for expenses and attorney's fees in connection with the litigation resulting in the judgment or award (other than expenses or fees paid by the workplace harassment plaintiff or claimant); or for insurance covering the defense or liability of the underlying claims in the litigation. The bill also: (1) excludes from gross income amounts received in connection with a judgment, award, or settlement related to workplace harassment, including sexual harassment or other unlawful discrimination; and (2) limits the taxation of and the application of the alternative minimum tax to compensation received under a settlement or judgment for employment discrimination.

Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act – Part 2

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Public Housing Authorities Paperwork Reduction Act''. SEC. 2. PUBLIC HOUSING AGENCY PLANS FOR CERTAIN QUALIFIED PUBLIC HOUSING AGENCIES. (a) In General.--Section 5A(b) of the United States Housing Act of 1937 (42 U.S.C. 1437c-1(b)) is amended by adding at the end the following: ``(3) Exemption of certain phas from filing requirement.-- ``(A) In general.--Notwithstanding paragraph (1) or any other provision of this Act-- ``(i) the requirement under paragraph (1) shall not apply to any qualified public housing agency; and ``(ii) except as provided in subsection (e)(4)(B), any reference in this section or any other provision of law to a `public housing agency' shall not be considered to refer to any qualified public housing agency, to the extent such reference applies to the requirement to submit an annual public housing agency plan under this subsection. ``(B) Civil rights certification.--Notwithstanding that qualified public housing agencies are exempt under subparagraph (A) from the requirement under this section to prepare and submit an annual public housing plan, each qualified public housing agency shall, on an annual basis, make the certification described in paragraph (16) of subsection (d), except that for purposes of such qualified public housing agencies, such paragraph shall be applied by substituting `the public housing program of the agency' for `the public housing agency plan'. ``(C) Definition.--For purposes of this section, the term `qualified public housing agency' means a public housing agency that-- ``(i) administers-- ``(I) 500 or fewer public housing dwelling units; or ``(II) any number of vouchers under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); and ``(ii) is not designated under section 6(j)(2) as a troubled public housing agency.''. (b) Resident Participation.--Section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c-1) is amended-- (1) in subsection (e), by inserting after paragraph (3) the following: ``(4) Qualified public housing agencies.-- ``(A) In general.--Except as provided in subparagraph (B), nothing in this section may be construed to exempt a qualified public housing agency from the requirement under paragraph (1) to establish 1 or more resident advisory boards. Notwithstanding that qualified public housing agencies are exempt under subsection (b)(3)(A) from the requirement under this section to prepare and submit an annual public housing plan, each qualified public housing agency shall consult with, and consider the recommendations of the resident advisory boards for the agency, at the annual public hearing required under subsection (f)(5), regarding any changes to the goals, objectives, and policies of that agency. ``(B) Applicability of waiver authority.--Paragraph (3) shall apply to qualified public housing agencies, except that for purposes of such qualified public housing agencies, subparagraph (B) of such paragraph shall be applied by substituting `the functions described in the second sentence of paragraph (4)(A)' for `the functions described in paragraph (2)'. ``(f) Public Hearings.--''; and (2) in subsection (f) (as so designated by the amendment made by paragraph (1)), by adding at the end the following: ``(5) Qualified public housing agencies.-- ``(A) Requirement.--Notwithstanding that qualified public housing agencies are exempt under subsection (b)(3)(A) from the requirement under this section to conduct a public hearing regarding the annual public housing plan of the agency, each qualified public housing agency shall annually conduct a public hearing-- ``(i) to discuss any changes to the goals, objectives, and policies of the agency; and ``(ii) to invite public comment regarding such changes. ``(B) Availability of information and notice.--Not later than 45 days before the date of any hearing described in subparagraph (A), a qualified public housing agency shall-- ``(i) make all information relevant to the hearing and any determinations of the agency regarding changes to the goals, objectives, and policies of the agency to be considered at the hearing available for inspection by the public at the principal office of the public housing agency during normal business hours; and ``(ii) publish a notice informing the public that-- ``(I) the information is available as required under clause (i); and ``(II) a public hearing under subparagraph (A) will be conducted.''

Small Public Housing Authorities Paperwork Reduction Act - Amends the United States Housing Act of 1937 to exempt a qualified public housing agency from the requirement to prepare an annual public agency plan if the agency: (1) administers 500 or fewer public housing dwelling units, or section 8 vouchers; and (2) is not designated as a troubled agency. Requires an agency to: (1) continue to make an annual civil rights certification and establish, and consult with, one or more resident advisory boards; and (2) conduct a public hearing to discuss changes to agency goals and policies and make the information available to the public at the agency's principal office.

A bill to amend the United States Housing Act of 1937 to exempt qualified public housing agencies from the requirement of preparing an annual public housing agency plan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi and Japanese World War II War Crimes Disclosure Act''. SEC. 2. DISCLOSURE OF JAPANESE WAR CRIMINAL RECORDS. (a) Disclosure of Records.--Section 3 of the Nazi War Crimes Disclosure Act (Public Law 105-246; 5 U.S.C. 552 note) is amended-- (1) in subsection (a)-- (A) by striking ``Records.--'' and all that follows through ``(1) pertain'' and inserting ``Record.--For purposes of this Act, the term `Nazi war criminal record' means a classified record or portion of a record that-- ``(1) pertains''; and (B) in paragraph (2)-- (i) by striking ``pertain to any transaction as to which'' and inserting ``pertains to any transaction which''; and (ii) in subparagraph (B), by striking ``such transaction''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (3) by inserting after subsection (a) the following: ``(b) Japanese War Criminal Record.--For purposes of this Act, the term `Japanese war criminal record' means any classified record or portion of a record that-- ``(1) pertains to any person with respect to whom the United States Government, in its sole discretion, has grounds to believe ordered, incited, assisted, or otherwise participated in the experimentation on or persecution of any person because of race, religion, national origin, or political opinion, during the period beginning on September 18, 1931, and ending on September 2, 1945, under the direction of, or in association with-- ``(A) the Imperial Government of Japan; ``(B) any government in any area occupied by the military forces of the Imperial Government of Japan; ``(C) any government established with the assistance or cooperation of the Imperial Government of Japan; or ``(D) any government which was an ally of the Imperial Government of Japan; or ``(2) pertains to any transaction which the United States Government, in its sole discretion, has grounds to believe-- ``(A) involved assets taken from persecuted persons during the period beginning on September 18, 1931, and ending on September 2, 1945, by, under the direction of, on behalf of, or under authority granted by the Imperial Government of Japan or any nation then allied with that government; and ``(B) was completed without the assent of the owners of those assets or their heirs or assigns or other legitimate representatives.''; (4) in subsection (c), as so redesignated-- (A) in paragraph (1)-- (i) by striking ``Nazi War Criminal Records''; and (ii) by striking ``Nazi war criminal records that are described in subsection (a)'' and inserting ``all Nazi war criminal records and all Japanese war criminal records''; and (B) in paragraph (3)(A), by inserting after ``Nazi war criminal records'' the following: ``or Japanese war criminal records, as the case may be,''; and (5) in subsection (d), as so redesignated, by striking ``under section 3 of this Act'' and inserting ``or a Japanese war criminal record''. (b) Expedited Processing of FOIA Requests.--Section 4 of the Nazi War Crimes Disclosure Act (5 U.S.C. 522 note) is amended-- (1) in subsection (a), by inserting ``or a Japanese war criminal record'' after ``Nazi war criminal record''; and (2) in subsection (b), by inserting before the period the following: ``or was persecuted in the manner described in section 3(b)(1) of this Act who requests a Japanese war criminal record''. SEC. 3. ADDITIONAL REQUIREMENTS AND AUTHORITIES. The Nazi War Crimes Disclosure Act is amended by adding at the end the following: ``SEC. 5. COOPERATION BY GOVERNMENT OF JAPAN. ``The Secretary of State shall inform the Government of Japan that all Japanese war criminal records in the custody of the Government of Japan should be made fully and freely available to the United States Government, as requested, and to the public at large. ``SEC. 6. ADMINISTRATIVE SUPPORT SERVICES. ``The National Archives and Record Administration shall provide administrative support services to the Interagency Group. ``SEC. 7. PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES. ``The Chair of the Interagency Group may procure temporary and intermittent services of historical specialists to aid in identifying, describing, and assessing the historical significance of Nazi war criminal records and Japanese war criminal records. Such services may be procured without regard to any provision of law requiring advertising by contract bids, 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 that title relating to classification and General Schedule pay rates, except that the level of compensation for such services may not exceed $100 per hour. Such services may not be provided after the end of fiscal year 2001.''. SEC. 4. TERMINATION OF INTERAGENCY GROUP. Section 2(b)(1) of the Nazi War Crimes Disclosure Act (5 U.S.C. 552 note) is amended by striking ``3'' and inserting ``5''. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. Section 2 of the Nazi War Crimes Disclosure Act (5 U.S.C. 522 note) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by adding ``and'' after the semicolon; (B) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3); and (C) in paragraph (3), as so redesignated, by inserting ``or a Japanese war criminal record'' after ``criminal record''; and (2) in subsection (c)-- (A) by striking ``Not later than 1 year after the date of enactment of this Act, the'' and inserting ``The''; and (B) in paragraph (1), by striking ``all classified Nazi war criminal records'' and inserting ``as soon as possible after the date of the enactment of this Act, all Nazi war criminal records, and all Japanese war criminal records,''.

Requires the Secretary of State to inform the Government of Japan that all Japanese war criminal records in the custody of the Government of Japan should be made fully and freely available to the U.S. Government, as requested, and to the public at large. Authorizes the Chair of the Nazi War Criminal Records Interagency Working Group (Interagency Group) to procure temporary and intermittent services of historical specialists to aid in identifying, describing, and assessing the historical significance of Nazi war criminal records and Japanese war criminal records. Extends the duration of the Interagency Group from three to five years.

Nazi and Japanese World War II War Crimes Disclosure Act

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Tobacco Smuggling Eradication Act of 2002''. TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986 SEC. 101. AMENDMENT OF 1986 CODE. Except as otherwise expressly provided, whenever in this title 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. 102. IMPROVED MARKING AND LABELING. (a) In General.--Subsection (b) of section 5723 (relating to marks, labels, and notices) is amended-- (1) by striking ``, if any,'' and (2) by adding at the end the following: ``Such marks, labels, and notices shall include marks and notices relating to the following: ``(1) Identification.--The Secretary shall promulgate regulations that require each manufacturer or importer of tobacco products to legibly print a unique serial number on all packages of tobacco products manufactured or imported for sale or distribution. Such serial number shall be designed to enable the Secretary to identify the manufacturer or importer of the product, and the location and date of manufacture or importation. The Secretary shall determine the size and location of the serial number. ``(2) Marking requirements for exports.--Each package of a tobacco product that is exported shall be marked for export from the United States. The Secretary shall promulgate regulations to determine the size and location of the mark and under what circumstances a waiver of this paragraph shall be granted.''. (b) Sales on Indian Reservations.--Section 5723 is amended by adding at the end the following new subsections: ``(f) Sales on Indian Reservations.--The Secretary, in consultation with the Secretary of the Interior, shall promulgate regulations that require that each package of a tobacco product that is sold on an Indian reservation (as defined in section 403(9) of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3202(9)) be labeled as such. Such regulations shall include requirements for the size and location of the label. ``(g) Definition of Package.--For purposes of this section, the term `package' means the innermost sealed container irrespective of the material from which such container is made, in which a tobacco product is placed by the manufacturer and in which such tobacco product is offered for sale to a member of the general public.''. SEC. 103. WHOLESALERS REQUIRED TO HAVE PERMIT. Section 5712 (relating to application for permit) is amended by inserting ``, wholesaler,'' after ``manufacturer''. SEC. 104. CONDITIONS OF PERMIT. Subsection (a) of section 5713 (relating to issuance of permit) is amended to read as follows: ``(a) Issuance.-- ``(1) In general.--A person shall not engage in business as a manufacturer, wholesaler, or importer of tobacco products or as an export warehouse proprietor without a permit to engage in such business. Such permit shall be issued in such form and in such manner as the Secretary shall by regulation prescribe, to every person properly qualified under sections 5711 and 5712. A new permit may be required at such other time as the Secretary shall by regulation prescribe. ``(2) Conditions.--The issuance of a permit under this section shall be conditioned upon the compliance with the requirements of this chapter and the Contraband Cigarette Trafficking Act (18 U.S.C. chapter 114), and any regulations issued pursuant to such statutes.''. SEC. 105. RECORDS TO BE MAINTAINED. Section 5741 (relating to records to be maintained) is amended-- (1) by inserting ``(a) In General.--'' before ``Every manufacturer'', (2) by inserting ``every wholesaler,'' after ``every importer,'', (3) by striking ``such records'' and inserting ``records concerning the chain of custody of the tobacco products and such other records'', and (4) by adding at the end the following new subsection: ``(b) Retailers.--Retailers shall maintain records of receipt of tobacco products, and such records shall be available to the Secretary for inspection and audit. An ordinary commercial record or invoice shall satisfy the requirements of this subsection if such record shows the date of receipt, from whom tobacco products were received, and the quantity of tobacco products received.''. SEC. 106. REPORTS. Section 5722 (relating to reports) is amended-- (1) by inserting ``(a) In General.--'' before ``Every manufacturer'', and (2) by adding at the end the following new subsection: ``(b) Reports By Export Warehouse Proprietors.-- ``(1) In general.--Prior to exportation of tobacco products from the United States, the export warehouse proprietor shall submit a report (in such manner and form as the Secretary may by regulation prescribe) to enable the Secretary to identify the shipment and assure that it reaches its intended destination. ``(2) Agreements with foreign governments.--Notwithstanding section 6103 of this title, the Secretary is authorized to enter into agreements with foreign governments to exchange or share information contained in reports received from export warehouse proprietors of tobacco products if-- ``(A) the Secretary believes that such agreement will assist in-- ``(i) ensuring compliance with the provisions of this chapter or regulations promulgated thereunder, or ``(ii) preventing or detecting violations of the provisions of this chapter or regulations promulgated thereunder, and ``(B) the Secretary obtains assurances from such government that the information will be held in confidence and used only for the purposes specified in clauses (i) and (ii) of subparagraph (A). No information may be exchanged or shared with any government that has violated such assurances.''. SEC. 107. FRAUDULENT OFFENSES. (a) In General.--Subsection (a) of section 5762 (relating to fraudulent offenses) is amended by striking paragraph (1) and redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively. (b) Offenses Relating to Distribution of Tobacco Products.--Section 5762 is amended-- (1) by redesignating subsection (b) as subsection (c), (2) in subsection (c) (as so redesignated), by inserting ``or (b)'' after ``(a)'', and (3) by inserting after subsection (a) the following new subsection: ``(b) Offenses Relating to Distribution of Tobacco Products.--It shall be unlawful-- ``(1) for any person to engage in the business as a manufacturer or importer of tobacco products or cigarette papers and tubes, or to engage in the business as a wholesaler or an export warehouse proprietor, without filing the bond and obtaining the permit where required by this chapter or regulations thereunder; ``(2) for a manufacturer, importer, or wholesaler permitted under this chapter intentionally to ship, transport, deliver, or receive any tobacco products from or to any person other than a person permitted under this chapter or a retailer, except a permitted importer may receive foreign tobacco products from a foreign manufacturer or a foreign distributor that have not previously entered the United States; ``(3) for any person (other than the original manufacturer of such tobacco products or an export warehouse proprietor authorized to receive any tobacco products that have previously been exported and returned to the United States) to receive any tobacco products that have previously been exported and returned to the United States; ``(4) for any export warehouse proprietor intentionally to ship, transport, sell, or deliver for sale any tobacco products to any person other than the original manufacturer of such tobacco products, another export warehouse proprietor, or a foreign purchaser; ``(5) for any person (other than a manufacturer or an export warehouse proprietor permitted under this chapter) intentionally to ship, transport, receive, or possess, for purposes of resale, any tobacco product in packages marked pursuant to regulations issued under section 5723, other than for direct return to a manufacturer for repacking or for re- exportation or to an export warehouse proprietor for re- exportation; ``(6) for any manufacturer, importer, export warehouse proprietor, or wholesaler permitted under this chapter to make intentionally any false entry in, to fail willfully to make appropriate entry in, or to fail willfully to maintain properly any record or report that such person is required to keep as required by this chapter or the regulations promulgated thereunder; and ``(7) for any person to alter, mutilate, destroy, obliterate, or remove any mark or label required under this chapter upon a tobacco product held for sale, except pursuant to regulations of the Secretary authorizing relabeling for purposes of compliance with the requirements of this section or of State law. Any person violating any of the provisions of this subsection shall, upon conviction, be fined as provided in section 3571 of title 18, United States Code, imprisoned for not more than 5 years, or both.''. (c) Intentionally Defined.--Section 5762 is amended by adding at the end the following: ``(d) Definition of Intentionally.--For purposes of this section and section 5761, the term `intentionally' means doing an act, or omitting to do an act, deliberately, and not due to accident, inadvertence, or mistake, regardless of whether the person knew that the act or omission constituted an offense.''. SEC. 108. CIVIL PENALTIES. Subsection (a) of section 5761 (relating to civil penalties) is amended-- (1) by striking ``willfully'' and inserting ``intentionally'', and (2) by striking ``$1,000'' and inserting ``$10,000''. SEC. 109. DEFINITIONS. (a) Export Warehouse Proprietor.--Subsection (i) of section 5702 (relating to definition of export warehouse proprietor) is amended by inserting before the period the following: ``or any person engaged in the business of exporting tobacco products from the United States for purposes of sale or distribution. Any duty free store that sells, offers for sale, or otherwise distributes to any person in any single transaction more than 30 packages of cigarettes, or its equivalent for other tobacco products as the Secretary shall by regulation prescribe, shall be deemed an export warehouse proprietor under this chapter''. (b) Retailer; Wholesaler.--Section 5702 is amended by adding at the end the following: ``(p) Retailer.--The term `retailer' means any dealer who sells, or offers for sale, any tobacco product at retail. The term `retailer' includes any duty-free store that sells, offers for sale, or otherwise distributes at retail in any single transaction 30 or less packages, or its equivalent for other tobacco products. ``(q) Wholesaler.--The term `wholesaler' means any person engaged in the business of purchasing tobacco products for resale at wholesale, or any person acting as an agent or broker for any person engaged in the business of purchasing tobacco products for resale at wholesale.''. SEC. 110. EFFECTIVE DATE. The amendments made by this title shall take effect on January 1, 2003. TITLE II--AMENDMENTS TO THE CONTRABAND CIGARETTE TRAFFICKING ACT SEC. 201. AMENDMENTS TO THE CONTRABAND CIGARETTE TRAFFICKING ACT. (a) Definitions.--Section 2341 of title 18, United States Code, is amended-- (1) in paragraph (2)-- (A) by striking ``60,000'' and inserting ``30,000'', and (B) by inserting ``or importer'' after ``as a manufacturer''; (2) in paragraph (4), by striking ``and'' at the end; (3) in paragraph (5), by striking the period and inserting a semicolon; and (4) by adding at the end the following: ``(6) the term `tobacco product' means cigars, cigarettes, smokeless tobacco, and pipe tobacco (as such terms are defined in section 5701 of the Internal Revenue Code of 1986); and ``(7) the term `contraband tobacco product' means a quantity of tobacco product that is equivalent to or more than 30,000 cigarettes as determined by regulation, which bear no evidence of the payment of applicable State tobacco taxes in the State where such tobacco products are found, if such State requires a stamp, impression, or other indication to be placed on packages or other containers of product to evidence payment of tobacco taxes.'' (b) Unlawful Acts.--Section 2342 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``or contraband tobacco products'' before the period; (2) by amending subsection (b) to read as follows: ``(b)(1) It shall be unlawful for any person-- ``(A) knowingly to make any false statement or representation with respect to the information required by this chapter to be kept in the records or reports of any person who ships, sells, or distributes-- ``(i) any quantity of cigarettes in excess of 30,000 in a single transaction or in a series of related transactions, or ``(ii) tobacco products in such equivalent quantities as shall be determined by regulation, or ``(B) knowingly to fail to maintain records or reports, alter or obliterate required markings, or interfere with any inspection, required under this chapter, with respect to such quantity of cigarettes or other tobacco products.''; and (3) by adding at the end the following: ``(c) It shall be unlawful for any person knowingly to transport tobacco products under a false bill of lading or without any bill of lading.''. (c) Recordkeeping.--Section 2343 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``60,000 in a single transaction'' and inserting ``30,000 in a single transaction or in a series of related transactions, or, in the case of other tobacco products an equivalent quantity as determined by regulation,''; (2) by amending the last sentence of subsection (a) to read as follows: ``Except as provided in subsection (c) of this section, nothing contained herein shall authorize the Secretary to require reporting under this section.''; (3) in subsection (b), by striking ``60,000 in a single transaction'' and inserting ``30,000 in a single transaction or in a series of related transactions, or, in the case of other tobacco products an equivalent quantity as determined by regulation,''; and (4) by adding at the end the following: ``(c)(1) Any person who ships, sells, or distributes tobacco products for resale in interstate commerce, whereby such tobacco products are shipped into a State taxing the sale or use of such tobacco products or who advertises or offers tobacco products for such sale or transfer and shipment shall-- ``(A) first file with the tobacco tax administrator of the State into which such shipment is made or in which such advertisement or offer is disseminated, a statement setting for the person's name, and trade name (if any), and the address of the person's principal place of business and of any other place of business; and ``(B) not later than the 10th of each calendar month, file with the tobacco tax administrator of the State into which such shipment is made a memorandum or a copy of the invoice covering each and every shipment of tobacco products made during the previous calendar month into such State; the memorandum or invoice in each case to include the name and address of the person to whom the shipment was made, the brand, and the quantity thereof. ``(2) The fact that any person ships or delivers for shipment any tobacco products shall, if such shipment is into a State in which such person has filed a statement with the tobacco tax administrator under paragraph (1)(A) of this subsection, be presumptive evidence that such tobacco products were sold, shipped, or distributed for resale by such person. ``(3) For purposes of this subsection-- ``(A) the term `use' in addition to its ordinary meaning, means consumption, storage, handling, or disposal of tobacco products; and ``(B) the term `tobacco tax administrator' means the State official authorized to administer tobacco tax laws of the State.''. (d) Penalties.--Section 2344 of title 18, United States Code, is amended-- (1) in subsection (b), by inserting ``or (c)'' after ``section 2342(b)'' and by inserting ``or (c)'' after section 2343(a)''; and (2) by striking subsection (c) and inserting the following new subsection: ``(c) Any contraband cigarettes or contraband tobacco products involved in any violation of the provisions of this chapter shall be subject to seizure and forfeiture, and all provisions of section 9703(o) of title 31, United States Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter.'' (e) Repeal.--The Act of October 19, 1949, entitled ``An Act to assist States in collecting sales and use taxes on cigarettes'', 63 Stat. 884 (chapter 10A of title 15, U.S.C.), is hereby repealed.

Tobacco Smuggling Eradication Act of 2002 - Amends chapter 52 (Tobacco Products and Cigarette Papers and Tubes) of the Internal Revenue Code to require all packages of tobacco products to carry a unique legibly printed serial number by which the Secretary of the Treasury can identify the manufacturer or importer and the location and date of manufacture or importation. Requires tobacco products sold on Indian reservations to be labeled as such.Requires a tobacco wholesaler to have a permit and to maintain certain records.Requires export warehouse proprietors to file certain reports with the Secretary. Authorizes the Secretary to enter into certain tobacco related information agreements with foreign countries.Establishes new offenses relating to the distribution of tobacco.Raises the $1,000 civil penalty under chapter 52 to $10,000.Amends the Contraband Cigarette Trafficking Act to: (1) expand the applicability of such Act from cigarettes only to "tobacco product" (cigars, cigarettes, smokeless tobacco, and pipe tobacco); (2) define "contraband tobacco product" as a quantity of tobacco product that is equivalent to or more than 30,000 cigarettes (currently, 60,000) which bear no evidence of the payment of applicable State tobacco taxes; (3) establish new unlawful acts; and (4) require additional recordkeeping.Repeals Federal law provisions concerning reports required to State tobacco tax administrators by individuals engaged in interstate cigarette commerce.

To amend the Internal Revenue Code of 1986 to deter the smuggling of tobacco products into the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investors Rights and Corporate Accountability Act of 2009''. SEC. 2. FIDUCIARY STANDARD FOR BROKER-DEALERS. Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended-- (1) by redesignating subsection (i), as added by section 303(f) of the Commodity Futures Modernization Act of 2000 (114 Stat. 2763A-455), and as enacted into law by section 1(a)(5) of Public Law 106-554, as subsection (j); and (2) by adding at the end the following: ``(k) Standard of Care.--Notwithstanding any other provision of this title or the Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.), the Commission shall promulgate rules, not later than 1 year after the date of enactment of this subsection, to provide that the standard of care for all brokers and dealers in providing investment advice to retail customers or clients (and any other customers or clients as the Commission may by rule provide) shall be the fiduciary duty established under the Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.), including the duty to act solely in the best interest of the customer or client, without regard to the financial or other interest of the broker or dealer providing the advice.''. SEC. 3. CLAWBACK OF INCENTIVE COMPENSATION AND BONUSES. (a) Securities Exchange Act of 1934.--Section 21D(f)(2)(A) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(f)(2)(A)) is amended-- (1) by striking ``Joint and several liability.--Any'' and inserting the following: ``Knowing violations.-- ``(i) Joint and several liability.--Any''; and (2) by adding at the end the following: ``(ii) Incentive compensation and bonuses.--If the trier of fact specifically determines that a covered person knowingly committed a violation of the securities laws, the covered person shall be ordered to reimburse an issuer for-- ``(I) any bonus or other incentive- based or equity-based compensation received by the covered person from the issuer during the period of the violation of the securities laws; and ``(II) any profits realized by the covered person from the sale of securities of the issuer during the period of the violation of the securities laws.''. (b) Sarbanes-Oxley Act of 2002.--Section 304 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7243) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``, as a result of misconduct,''; (B) in paragraph (1), by striking ``or filing with the Commission (whichever first occurs)''; and (C) in paragraph (2), by striking ``during that 12- month period''; and (2) by adding at the end the following: ``(c) Commencement of Action.--A shareholder of an issuer may commence an action on behalf of the issuer under this section if the chief executive officer or the chief financial officer of the issuer has not made a reimbursement required under this section before the expiration of the 90-day period beginning on the date on which the accounting restatement occurs.''. SEC. 4. PROTECTING THE CONFIDENTIALITY OF WHISTLEBLOWERS. Section 21D(b)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(b)(2)) is amended-- (1) by striking ``In any private action'' and inserting the following: ``(A) In general.--In any private action''; and (2) by adding at the end the following: ``(B) Confidential sources.-- ``(i) In general.--Allegations by a confidential source shall be considered to give rise to a strong inference that the defendant acted with the required state of mind, if the source is described in the complaint with sufficient particularity to support the probability that a person in the situation of the source would possess the information alleged. ``(ii) Considerations.--The weight accorded allegations by a confidential source shall depend on the level of detail provided by the source, the corroborative nature of the other facts alleged (including from other sources), the coherence and plausibility of the allegations, the number of sources, the reliability of the sources, and similar indicia. ``(iii) Protection.--A confidential source described in a complaint shall be accorded the same protection received by a confidential source who provides comparable information to the Commission. ``(iv) Nondisclosure requirements.--Upon motion, a court shall enter an order reasonably limiting the scope of nondisclosure required by a post-employment agreement. An order under this clause may not impair a legitimate interest of a former employer in the confidentiality of documents and information subject to the order.''. SEC. 5. PROHIBITION ON CERTAIN VOTING BY BROKERS. Section 6(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(b)) is amended by adding at the end the following: ``(10) The rules of the exchange prohibit any member from granting any proxy to vote any security in connection with an election for membership to the board of directors or analogous governing body of any issuer of a listed security, in the absence of instructions from the beneficial owner of the security regarding the specific election.''. SEC. 6. INDEPENDENCE OF COMPENSATION ADVISERS. Section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p) is amended by adding at the end the following: ``(h) Independent Compensation Advisers.--Not later than 1 year after the date of enactment of this subsection, the Commission shall, by rule-- ``(1) require any adviser retained by the board of directors or a committee of the board of directors of an issuer in conjunction with the negotiation of an employment contract or a compensation agreement with an executive of the issuer-- ``(A) to be independent of the issuer and the executives and directors of the issuer; and ``(B) to report solely to the board of directors or the committee of the board of directors responsible for executive compensation; and ``(2) prohibit an issuer from agreeing to indemnify or limit the liability of an adviser described in paragraph (1).''. SEC. 7. AIDING AND ABETTING LIABILITY. (a) Securities Exchange Act of 1934.--Section 21D of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4) is amended by adding at the end the following: ``(g) Persons That Aid or Abet Violations.--Any person that provides substantial assistance to another person, with reckless disregard for whether the substantial assistance is in violation of this title, or of any rule or regulation issued under this title, shall be liable in a private action brought under this title, to the same extent as the person to whom the substantial assistance is provided.''. (b) Investment Advisers Act.--Section 209 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9) is amended by adding at the end the following: ``(f) Aiding and Abetting.--For purposes of any action brought by the Commission under subsection (e), any person that provides substantial assistance to another person, with reckless disregard for whether the substantial assistance is in violation of this Act, or of any rule, regulation, or order issued under this Act, shall be liable, to the same extent as the person to whom the substantial assistance is provided.''. SEC. 8. SHAREHOLDER APPROVAL OF GOLDEN PARACHUTE COMPENSATION. Section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p), as amended by this Act, is amended by adding at the end the following: ``(i) Severance Agreements Tied to Performance.-- ``(1) Commission rules.-- ``(A) In general.--Not later than 270 days after the date of enactment of this subsection, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer that is not in compliance with the requirements of any portion of paragraph (2). ``(B) Opportunity to cure.--The rules issued under subparagraph (A) shall provide for appropriate procedures for an issuer to have an opportunity to cure any defects that would be the basis for such a prohibition before the imposition of such prohibition. ``(C) Considerations.--The rules issued under subparagraph (A) shall be implemented with due regard for contracts in existence on the date of enactment of this subsection. ``(2) Severance agreements tied to performance.--The board of directors of an issuer, or a committee of such board of directors, may not enter into an agreement providing for severance payments to a senior executive officer who is terminated because of poor performance as an executive, as determined by the board of directors. To the extent that an issuer is able to terminate a senior executive officer for cause, poor performance by the executive, as determined by the board of directors, shall be considered as one such cause.''.

Investors Rights and Corporate Accountability Act of 2009 - Amends the Securities Exchange Act of 1934 (SEA) to direct the Securities and Exchange Commission (SEC) to apply to all brokers and dealers who provide investment advice to retail clients the fiduciary duty established under the Investment Advisers Act of 1940, including the duty to act solely in the best interest of the customer or client, without regard to the financial or other interest of the broker or dealer providing the advice. Requires the trier of fact to order any person who knowingly violated securities laws to reimburse an issuer (clawback) for: (1) any bonus or other incentive-based or equity-based compensation received from the issuer during the period of the violation; and (2) any profits realized by such person from the sale of securities of the issuer during the period of the violation. Amends the Sarbanes-Oxley Act of 2002 (SOX), with respect to forfeiture of certain bonuses and profits, to authorize a shareholder of an issuer to commence an action on behalf of the issuer if the chief executive officer or the chief financial officer of the issuer has not made the requisite reimbursement (for material noncompliance with any financial reporting requirement) within 90 days after an accounting restatement occurs. Amends the SEA to prescribe requirements for treating the allegations of a confidential source, in a securities fraud action, as giving rise to a strong inference that a defendant acted with the required state of mind. Prohibits specified proxy voting practices by brokers in connection with elections for membership to the board of an issuer's governing body in the absence of instructions from the security's beneficial owner regarding the specific election. Instructs the SEC to promulgate rules: (1) requiring the independence of any adviser retained by the board of directors of an issuer to advise on an executive employment contract or compensation agreement; (2) requiring such adviser to report solely to the board of directors responsible for executive compensation; and (3) prohibiting an issuer from agreeing to indemnify or limit the liability of an adviser. Amends the SEA and the Investment Advisers Act of 1940 to subject to liability for aiding and abetting any person that provides substantial assistance to another person with reckless disregard for whether the substantial assistance is in violation of either Act. Instructs the SEC to direct the national securities exchanges and national securities associations to prohibit listing any security of an issuer that is not in compliance with prohibitions against severance payments to a senior executive officer who is terminated for poor performance (golden parachute).

A bill to increase corporate responsibility, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Visa Integrity and Security Act of 2016''. SEC. 2. PETITION AND APPLICATION PROCESSING FOR VISAS AND IMMIGRATION BENEFITS. (a) In General.--Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after section 211 the following: ``SEC. 211A. PETITION AND APPLICATION PROCESSING. ``(a) Signature Requirement.-- ``(1) In general.--No petition or application filed with the Secretary of Homeland Security or with a consular officer relating to the issuance of a visa or to the admission of an alien to the United States as an immigrant or as a nonimmigrant may be approved unless the petition or application is signed by each party required to sign such petition or application. ``(2) Applications for immigrant visas.--Except as may be otherwise prescribed by regulations, each application for an immigrant visa shall be signed by the applicant in the presence of the consular officer, and verified by the oath of the applicant administered by the consular officer. ``(b) Completion Requirement.--No petition or application filed with the Secretary of Homeland Security or with a consular officer relating to the issuance of a visa or to the admission of an alien to the United States as an immigrant or as a nonimmigrant may be approved unless each applicable portion of the petition or application has been completed. ``(c) Translation Requirement.--No document submitted in support of a petition or application for a nonimmigrant or immigrant visa may be accepted by a consular officer if such document contains information in a foreign language, unless such document is accompanied by a full English translation, which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English. ``(d) Requests for Additional Information.--In an instance where the Secretary of Homeland Security or a consular officer requests any additional information relating to a petition or application filed with the Secretary or consular officer relating to the issuance of a visa or to the admission of an alien to the United States as an immigrant or as a nonimmigrant, such petition or application may not be approved unless all of the additional information requested is provided in complete form and is provided on or before any deadline included in the request. ``SEC. 211B. BACKGROUND CHECKS AND OTHER SCREENING REQUIREMENTS. ``(a) Comprehensive Security and Background Check.--Except as otherwise provided in subsection (b), no petition or application filed with the Secretary of Homeland Security or with a consular officer relating to the issuance of a visa to or to the admission of an alien to the United States as an immigrant or as a nonimmigrant may be approved unless a background check to determine whether or not the alien is a national security threat and or is otherwise ineligible for such visa or admission is completed for-- ``(1) the petitioner or applicant; and ``(2) each beneficiary or derivative of the petition or application. ``(b) Security Advisory Opinion Required.-- ``(1) In general.--In addition to any other limitation under the immigration laws on the issuance of a nonimmigrant or immigrant visa, no such visa may be issued to an alien (other than an alien described in paragraph (2)) until the completion of a security advisory opinion for that alien, if-- ``(A) that alien is a national of-- ``(i) Iran, Iraq, Libya, Somalia, Syria, Sudan, or Yemen; or ``(ii) any other country, as the Secretary of State determines appropriate; ``(B) that alien is a national of a country, which on the date of enactment of this section the Secretary of State has designated as a country whose nationals should be subject to a security advisory opinion; or ``(C) the consular officer determines a security advisory opinion is appropriate for that alien. ``(2) Certain aliens excepted.--An alien described in this paragraph is any alien-- ``(A) for whom the consular officer determines a security advisory opinion is not appropriate; and ``(B)(i) who has applied for a visa under subparagraph (A) or (G) of section 101(a)(15); ``(ii) whose admission is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or ``(iii) who has applied for a visa which is within the NATO visa category. ``(c) Review of Social Media Activity.--The background check under subsection (a) shall include a review of the alien's publicly available interactions on and posting of material to the Internet (including social media services). ``(d) DNA Testing.--No petition or application filed with the Secretary of Homeland Security or with a consular officer relating to the issuance of an immigrant visa to an alien or to the admission of an alien to the United States as an immigrant, if the eligibility for the immigration benefit is predicated on the fact that a biological relationship exists between the petitioner or applicant and the beneficiary or derivative, may be approved, unless a genetic test is conducted to confirm such biological relationship and the results of such test are submitted as part of the petition or application. Any such genetic test shall be conducted at the expense of the petitioner or applicant. ``(e) Interviews.--No petition or application filed with the Secretary of Homeland Security for any benefit under this Act, except for work authorization, by or on behalf of an alien present in the United States may be approved unless the Secretary conducts an in- person interview with that alien. The Secretary may waive such requirement in the case of any alien who would be 10 years of age or younger at the time of the interview.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item pertaining to section 211 the following: ``211A. Petition and application processing. ``211B. Background checks and other screening requirements.''. (c) Conforming Amendment.--Section 222(e) of the Immigration and Nationality Act (8 U.S.C. 1201(e)) is amended by striking the following: ``Except as may be otherwise prescribed by regulations, each application for an immigrant visa shall be signed by the applicant in the presence of the consular officer, and verified by the oath of the applicant administered by the consular officer.''. (d) Application.--The amendments made by this section shall apply with respect to applications and petitions filed after the date of the enactment of this Act. SEC. 3. FRAUD PREVENTION. (a) Prospective Analytics Technology.-- (1) Plan for implementation.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a plan for the use of advanced analytics software to ensure the proactive detection of fraud in immigration benefits applications and petitions and to ensure that any such applicant or petitioner does not pose a threat to national security. (2) Implementation of plan.--Not later than 1 year after the date of the submission of the plan under paragraph (1), the Secretary of Homeland Security shall begin implementation of the plan. (b) Benefits Fraud Assessment.-- (1) In general.--The Secretary of Homeland Security, acting through the Fraud Detection and Nationality Security Directorate, shall complete a benefit fraud assessment by fiscal year 2021 on each of the following: (A) Petitions by VAWA self-petitioners (as such term is defined in section 101(a)(51) of the Immigration and Nationality Act). (B) Applications or petitions for visas or status under section 101(a)(15)(K) of such Act or under section 201(b)(2) of such Act, in the case of spouses. (C) Applications for visas or status under section 101(a)(27)(J) of such Act. (D) Applications for visas or status under section 101(a)(15)(U) of such Act. (E) Petitions for visas or status under section 101(a)(27)(C) of such Act. (F) Applications for asylum under section 208 of such Act. (G) Applications for adjustment of status under section 209 of such Act. (H) Petitions for visas or status under section 201(b) of such Act. (2) Reporting on findings.--Not later than 30 days after the completion of each benefit fraud assessment under paragraph (1), the Secretary shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate such assessment and recommendations on how to reduce the occurrence of instances of fraud identified by the assessment. SEC. 4. VISA SECURITY PROGRAM. (a) Funding.-- (1) In general.--Notwithstanding any other provision of law, beginning in fiscal year 2016 and thereafter, the Secretary of State is authorized to charge surcharges in support of visa security that are in addition to the passport and immigrant visa fees in effect on January 1, 2004, and any other fees collected pursuant to the fourth paragraph under the heading ``Diplomatic and Consular Programs'' in the Department of State and Related Agency Appropriations Act, 2005 (title IV of division B of Public Law 108-447): Provided, that funds collected pursuant to this authority shall be credited to the appropriation for U.S. Immigration and Customs Enforcement for the fiscal year in which the fees were collected, and shall be available until expended for the funding of the Visa Security Program established by the Secretary of Homeland Security under section 428(e) of the Homeland Security Act of 2002 (Public Law 107-296): Provided further, that such surcharges shall total the amount sufficient annually to cover the Visa Security Program costs. (2) Repayment of appropriated funds.--Twenty percent of the funds collected each fiscal year under the heading ``Diplomatic and Consular Programs'' in title IV of division B of the Department of State and Related Agency Appropriations Act, 2005 (Public Law 108-447) shall be deposited into the general fund of the Treasury as repayment of funds appropriated pursuant to subsection (b)(3) until the entire appropriated sum has been repaid. (b) Expeditious Expansion of Assignment of Homeland Security Employees to Diplomatic and Consular Posts.-- (1) In general.--Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236) is amended-- (A) in subsection (e)-- (i) by amending paragraph (1) to read as follows: ``(1) In general.--Not later than 4 years after the date of the enactment of the Visa Integrity and Security Act of 2016, the Secretary shall assign employees of the Department to each diplomatic and consular post at which visas are issued, and shall communicate such assignments to the Secretary of State.''; and (ii) by amending paragraph (2)(B) to read as follows: ``(B) Review all such applications and supporting documentation prior to the adjudication of such an application.''; and (B) by striking subsection (i). (2) Expedited clearance and placement of dhs personnel.-- Notwithstanding any other provision of law, and the processes set forth in National Security Defense Directive 38 (dated June 2, 1982) or any successor Directive, not later than one year after the date on which the Secretary of Homeland Security communicates to the Secretary of State the assignment of personnel to a diplomatic or consular post under section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)), as amended by this Act, the Chief of Mission of such a post shall ensure that such personnel have been stationed and accommodated at that post and are able to carry out their duties. (3) Authorization of appropriations.--There is authorized to be appropriated $60,000,000 for each of fiscal years 2017 and 2018, which shall be used to expedite the implementation of section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)), as amended by this Act. SEC. 5. BURDEN OF PROOF. (a) In General.--Section 291 of the Immigration and Nationality Act (8 U.S.C. 1361) is amended-- (1) by striking ``to the satisfaction of the consular officer'' and inserting ``by clear and convincing evidence''; and (2) by striking ``to the satisfaction of the Attorney General'' and by inserting ``by clear and convincing evidence''. (b) Conforming Amendment.--Section 214(b) of such Act (8 U.S.C. 1184(b)) is amended by striking ``establishes to the satisfaction of the consular officer,'' and inserting ``establishes by clear and convincing evidence to the consular officer,''. (c) Application.--The amendments made by this section shall apply with respect to applications filed on or after the date of the enactment of this Act. SEC. 6. GAO REPORT. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review and report to Congress on the security of nonimmigrant and immigrant visa application processes. Such a review shall address-- (1) how the United States government conducts security screening and background checks for nonimmigrant and immigrant visa petitions and applications, including the agencies and partners involved and the systems and databases used; and (2) how the Departments of Homeland Security and State consider the results of such screening and background checks in adjudicating nonimmigrant and immigrant visa petitions and applications. (b) Agency Cooperation.--Each agency involved in the processes for conducting and considering the results of such security screening and background checks shall fully cooperate with, and provide timely access to, the Comptroller General any requests for records and information.

Visa Integrity and Security Act of 2016 This bill amends the Immigration and Nationality Act (INA) to require that: (1) visa and admissions petitions and applications filed with the Department of Homeland Security (DHS) or a consular officer must contain all required signatures; (2) each immigrant visa application must be signed in the presence of a consular officer and verified by oath; (3) supporting documents that contain information in a foreign language may not be accepted without a certified English translation; and (4) any requested additional information must be provided in complete form before a petition or application is approved. No petition or application may be approved unless a background check is completed to determine whether each petitioner/applicant or beneficiary/derivative is a national security threat or is otherwise ineligible for entry. A background check shall include a review of social media activity. No immigrant or nonimmigrant visa may be issued (with specified exceptions) until completion of a security advisory opinion for an alien: (1) who is a national of Iran, Iraq, Libya, Somalia, Syria, Sudan, Yemen, or any other country that the Department of State determines appropriate; (2) who is a national of a country that the State Department has designated as a country whose nationals should be subject to a security advisory opinion; or (3) for whom the consular officer determines a security advisory opinion is appropriate. A petition or application for an immigrant visa based upon a biological relationship between the petitioner or applicant and the beneficiary or derivative must include genetic test results confirming such relationship. DHS shall conduct an in-person interview with a person seeking any INA benefit, except for work authorization. DHS shall: (1) submit and implement a plan for the use of advanced analytics software to ensure the proactive detection of fraud in immigration benefits applications and petitions and to ensure that any such applicant or petitioner does not pose a national security threat; and (2) complete a benefit fraud assessment for certain visa categories by FY2021. The State Department may impose visa security surcharges. The Homeland Security Act of 2002 is amended to require the assignment of DHS personnel to each diplomatic and consular post that issues visas. INA is amended to require an alien seeking U.S. entry to establish by clear and convincing evidence (currently, to establish to the satisfaction of the consular officer or the Attorney General, respectively) that he or she is eligible to receive the document required for entry or that he or she is is not inadmissible.

Visa Integrity and Security Act of 2016

SECTION 1. ADJUSTMENTS OF DISCRETIONARY SPENDING LIMITS. (a) Adjustments.--The Director shall reduce the discretionary spending limit for new budget authority for a fiscal year set forth in section 601(a)(2) of the Congressional Budget Act of 1974, as adjusted in strict conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985, by the net aggregate amount for that fiscal year in all deficit reduction line items set forth in each appropriation bill or rescission bill. The Director shall reduce the adjusted discretionary spending limit for outlays for that fiscal year and each outyear as set forth in such section 601(a)(2) as a result of the reduction of such budget authority, based upon the spendout rates applicable to the discretionary spending programs to which the deficit reduction line items apply. Reductions (if any) shall occur on the day that each such appropriation bill is enacted into law. For purposes of the Balanced Budget and Emergency Deficit Control Act of 1985, amounts in deficit reduction line items and outlay reductions associated with them shall be taken into account only to make the adjustments specified in this subsection. For purposes of the Congressional Budget Act of 1974, amounts in deficit reduction line items and outlay reductions associated with them shall be considered budget authority and outlays. For all other purposes, including subchapter I of chapter 15 of title 31, United States Code (popularly known as the Anti-Deficiency Act), the amount in deficit reduction line items shall not be considered to provide authority to enter into obligations. Whenever the Director makes any adjustment required by this subsection, he shall notify the House of Representatives, the Senate, and the President on the day such adjustment is made. (b) Definition.--As used in this section-- (1) the term ``appropriation bill'' means any general or supplemental appropriation bill; (2) the term ``Director'' means the Director of the Office of Management and Budget; and (3) the term ``rescission bill'' means any bill which rescinds budget authority, including a bill referred to by section 1012 of the Congressional Budget Act of 1974. SEC. 2. DEFICIT REDUCTION LINE ITEMS IN APPROPRIATION MEASURES AND IN RESCISSION BILLS. (a) Deficit Reduction Line Items.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``deficit reduction line items in appropriation bills and rescission bills ``Sec. 314. (a) Whenever the Committee on Appropriations of the House of Representatives reports an appropriation bill or a rescission bill, that bill may contain provisions entitled `Deficit Reduction Line Item', comprised solely of an amount of deficit reduction associated with a reduction in a specified discretionary appropriation. ``(b)(1) Any amendment offered in the Committee on Appropriations (or any subcommittee thereof) of either House of Congress or in either House of Congress to an appropriation bill or rescission bill to reduce a particular appropriation for a discretionary spending program may include a provision designating an amount (not to exceed the amount of the reduction) for a deficit reduction line item associated with that appropriation. ``(2) Any amendment offered in the Committee on Appropriations (or any subcommittee thereof) of either House of Congress or in either House of Congress to an appropriation bill or rescisison bill to increase a particular appropriation or reduce a rescission for a discretionary spending program may include a provision designating an amount (not to exceed the amount of the increase in the appropriation or reduction in the rescission) by which the amount for one or more specified deficit reduction line items is to be reduced (but the resulting amount may not be less than zero), notwithstanding that any such deficit reduction line item has been changed by an amendment. ``(3) No amendment establishing or increasing the amount for a deficit reduction line item shall be in order in the House of Representatives or Senate unless it is printed in the Congressional Record at least one day before it is offered. ``(c) It shall not be in order in the House of Representatives or in the Senate to offer an amendment establishing or increasing the amount for a deficit reduction line item unless the amendment reduces an appropriation for a discretionary spending program associated with that line item by at least an equivalent amount. ``(d) It shall not be in order in the House of Representatives or the Senate to consider a conference report proposing an amendment to a deficit reduction line item respecting a particular discretionary spending program that is beyond the scope of that deficit reduction line item as so committed to the conference committee. ``(e) As used in this section-- ``(1) the term `appropriation bill' means any general or supplemental appropriation bill; and ``(2) the term `rescission bill' means any bill which rescinds budget authority, including a bill referred to by section 1012.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 313 the following new item: ``Sec. 314. Deficit reduction line items in appropriation bills.''.

Requires the Director of the Office of Management and Budget to reduce discretionary spending limits for new budget authority for a fiscal year by the net aggregate amount for that fiscal year in all deficit reduction line items set forth in an appropriation bill or rescission bill. Amends the Congressional Budget Act of 1974 to establish congressional procedures for the inclusion of deficit reduction line items in such bills.

To provide a mechanism for dedicating spending cuts in discretionary spending programs to deficit reduction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing our Secrets Act'' or the ``SOS Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Select Committee on Intelligence of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Department.--The term ``Department'' means the Department of State. (3) Infraction; violation.--The terms ``infraction'' and ``violation'' have the meanings given such terms in section 6.1 of Executive Order 13526 (2009). (4) Inspector general.--The term ``Inspector General'' means the Inspector General for the Department of State and the Broadcasting Board of Governors. (5) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (6) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 3. USE OF NONGOVERNMENTAL INFORMATION SYSTEMS. (a) In General.--Beginning not later than 30 days after the date of the enactment of this Act, employees of the Department may only use, for all electronic communications related to their work for the Department-- (1) email accounts on state.gov that are owned and managed by the Department; (2) telephonic systems that are owned and managed by the Department; or (3) other electronic communications systems owned and managed by the Department or another appropriate Federal agency, whenever such systems are available. (b) Certification and Reporting.-- (1) Certification.--Except as provided in paragraphs (2) and (3), not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall certify in writing to the appropriate congressional committees that all employees of the Department have been provided with access to electronic communications systems described in subsection (a). (2) Reporting.--If the Secretary cannot make the certification described in paragraph (1), the Secretary shall submit a report to the appropriate congressional committees that identifies-- (A) the number of employees of the Department who lack access to electronic communications systems described in subsection (a); (B) the reasons for such lack of access; (C) the steps that have been taken to ensure that such employees obtain and maintain such access on a reliable basis; and (D) the steps that have been taken to ensure that work-related electronic communications by such employees are appropriately recorded, archived, and reviewed for the potential presence of classified information. (3) Waiver.--On a case by case basis, the Secretary of State may waive the requirements under subsection (a) for one employee, or a group of up to 10 employees, if, not later than 7 days after granting such waiver, the Secretary-- (A) certifies in writing to the appropriate congressional committees that-- (i) such waiver is in the foreign policy or national security interest of the United States; and (ii) all work-related written communications generated by or processed on nongovernmental systems by employees subject to such waiver will be appropriately archived in accordance with chapters 21, 29, 31, and 33 of title 44, United States Code (commonly referred to as the ``Federal Records Act'') and all related rules, regulations, guidance, and executive orders; and (B) provides a written justification for such waiver to the appropriate congressional committees. (4) Limitations.-- (A) Duration.--Waivers issued pursuant to paragraph (3) shall be valid for up to 180 days, but may be reissued by the Secretary in accordance with the requirements under paragraph (3). (B) Multiple waivers.--The Secretary may issue multiple waivers under paragraph (3) if each waiver is consistent with the certification and the accompanying justification. (5) Accountability.--Not later than 90 days after the date of the enactment of this Act, the Inspector General shall develop and implement an oversight plan designed to determine, to the greatest extent practicable, whether the Secretary and all other employees of the Department are in full compliance with the requirements under this section. SEC. 4. REPORT ON SECURITY REVIEWS AND VIOLATIONS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the appropriate congressional committees that details every security violation, including the unauthorized transfer of marked or unmarked classified information into documents, electronic media or systems, electronic transmissions, or other records or storage not certified for the handling, storage, or transmittal of such information, that occurred during the most recently completed fiscal year. (b) Contents.--The report required under subsection (a) shall include, for each security violation identified in the report-- (1) the name and title of the employee responsible for the violation; (2) the date of the violation; (3) a description of the violation, including whether or not there is any indication that classified information was compromised; (4) the statute, rule, executive order, or regulation that was violated; and (5) a description of actions taken by officials of the Department in response to the violation, including-- (A) any disciplinary action taken or criminal referral made against the employee involved; and (B) any remedial training administered to the employee involved or to other employees of the Department; and (6) if the employee responsible for the violation had committed one or more additional security violations during the prior 10 years and the Secretary did not terminate the employee or request the Federal Bureau of Investigations to review the violation, a justification for failing to take such actions. (c) Privacy Act Protections.--The report required under subsection (a)-- (1) may not be made public by the Department; and (2) shall be transmitted in such a manner so as to prevent the public dissemination of any information protected under the Privacy Act of 1974 (5 U.S.C. 552a et seq.). SEC. 5. CLASSIFIED INFORMATION SPILLAGE. (a) Detection of Classified Information Spillage.--The Secretary shall appoint appropriate officials of the Bureau of Diplomatic Security to receive training, in coordination with the Office of the Director of National Intelligence, in the recognition of classified information spillage. (b) Randomized Sampling To Detect Spillage.--Each quarter, the officials appointed pursuant to subsection (a) shall-- (1) collect statistically valid random samples of emails sent by or received from employees of the Department who hold a security clearance granting them authorized access to information classified at the level of Secret or above; and (2) use such randomized sampling, in accordance with the training received under subsection (a), to detect classified information spillage as part of the Department's program for safeguarding classified information. (c) Accountability.--The Inspector General shall-- (1) audit the work described in subsection (b); and (2) include the findings of such audits in the semiannual reports submitted to the appropriate congressional committees. SEC. 6. REMEDIAL TRAINING. (a) Emergency Refresher Training.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall certify in writing to the appropriate congressional committees that all personnel of the Department who possess security clearances have completed the emergency refresher training described in subsection (b). (b) Contents.--The Secretary shall require all personnel of the Department who possess security clearances to complete emergency refresher training on the rules and procedures governing the appropriate handling of classified information, including-- (1) applicable rules and procedures governing-- (A) the receipt, handling, and transmission of classified information by electronic means, including telephonic, text message, facsimile, and email communications; (B) derivative classification, and the imperative of continuing to safeguard classified information when drawing upon such information in the creation of secondary documents or other communications; (C) the receipt, handling, and transmission of foreign government information (as defined in section 6.1(s) of Executive Order 13526 (2009)), and the requirements set forth in sections 1.1(d) and 4.1(h) of such executive order; (D) the review and processing of requests for information under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''); (E) challenges to classification status, including section 1.8 of Executive Order 13526 (2009); and (F) the continued protection of classified information that has been disclosed without authorization, including the requirement under section 1.1(c) of Executive Order 13526 (2009) that ``[c]lassified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information''; (2) the requirement under section 5.4 of Executive Order 13526 (2009) that the Secretary-- (A) ``demonstrate personal commitment and commit senior management to the successful implementation of the program established under this order''; (B) ``commit necessary resources to the effective implementation'' of programs for the handling and protection of classified information; (C) ``ensure that agency records systems are designed and maintained to optimize the appropriate sharing and safeguarding of classified information''; (D) ``designate a senior agency official to direct and administer the program,''; and (E) include ``the designation and management of classified information'' as a critical element or item to be evaluated in personnel performance evaluations; (3) a list and clear explanation of the penalties provided for violations of applicable rules and procedures governing the topics described in paragraphs (1) and (2); and (4) a signed certification by the employee receiving such retraining that he or she-- (A) has received such training; (B) has read and understands the rules, procedures, and penalties described in paragraphs (1) through (3); (C) understands the grave responsibilities entailed by the privilege of being given access to national security information; and (D) undertakes under penalty of all applicable laws, regulations, and policies not to violate any of such rules and procedures. (c) Prioritization.--The Secretary shall prioritize the emergency refresher training described in subsection (b) in the following order: (1) Employees possessing security clearances at the Top Secret/Sensitive Compartmented Information level. (2) Employees cleared for Top Secret information and below. (3) Employees cleared for Secret information and below. (4) Employees only cleared for Confidential information. (d) Waiver.--The Secretary may delay the administration of the emergency refresher training described in subsection (b) for any specific employee or group of employees, up to the level of an individual office, for a period of up to 30 days if the Secretary-- (1) determines that the critical foreign policy interests of the United States require such a delay; and (2) provides the appropriate congressional committees with written notice of such delay and an explanation of the need for such delay. (e) Applicable Rules and Procedures Defined.--In this section, the term ``applicable rules and procedures'' means-- (1) any applicable Federal statute; (2) all the requirements set forth on the topic in question by Executive Order 13526 (2009); (3) any other current executive order dealing with the handling of classified information; (4) the Foreign Affairs Manual of the Department; and (5) any other Departmental guidance or regulations. SEC. 7. ENDURING TRAINING PROGRAM TO PREVENT MISHANDLING OF INTELLIGENCE INFORMATION. Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an enduring training program, which shall be administered annually to all employees of the Department, on how to prevent the transfer of marked or unmarked classified or sensitive information to documents, messages, electronic media, or any other system not certified for the handling or storage of information with that level of classification or sensitivity and compliant with applicable Federal Information Security Management Act standards, including during the review or public release of any record pursuant to section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). SEC. 8. PLAN FOR REFORMING RESPONSE TO REQUESTS FOR INFORMATION AND INFORMATION ARCHIVING. (a) Requirement for Plan.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees for completing the reforms described in subsection (b) not later than one year after the date of the enactment of this Act. (b) Elements.--The plan required under subsection (a) shall include-- (1) a process for developing and implementing, in coordination with the Director of National Intelligence, a program for training and maintaining an appropriate number of employees of the Department in-- (A) identifying marked or unmarked classified information in documents or media subject to requests under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), including information originating with the intelligence community; and (B) the appropriate procedures for ensuring that officials from the intelligence community have an opportunity to make a classification determination regarding the classification status and level, if any, of any information potentially originating with the intelligence community; (2) a process for developing and implementing a training program for all officials of the Department on how to archive emails and other electronic communications in accordance with chapters 21, 29, 31, and 33 of title 44, United States Code, and all related rules, regulations, guidance, and executive orders; and (3) a requirement for the annual administration of a sworn affidavit made by each employee of the Department certifying that such employee has, to the best of the employee's knowledge and ability, archived all documents (including emails) created or received by such employee in accordance with the chapters 21, 29, 31, and 33 of title 44, United States Code, and all related rules, regulations, guidance, and executive orders. (c) Accountability.--Not later than one year after the date of the enactment of this Act, the Inspector General, after reviewing the implementation of the plan required under this section, shall report to the appropriate congressional committees on the degree to which the Secretary-- (1) has implemented such plan; and (2) has made progress in ensuring appropriate archiving and securing of information by the Department.

Securing our Secrets Act or the SOS Act This bill requires Department of State employees engaging in work-related electronic communications to use only state.gov email accounts, telephonic systems owned and managed by the State Department, or other systems owned and managed by the State Department or another appropriate federal agency. The State Department may temporarily waive these requirements for an employee, or a group of up to 10 employees, by certifying that: (1) the waiver is in the foreign policy or national security interest of the United States, and (2) all work-related written communications on nongovernmental systems will be appropriately archived. The State Department must report annually on: (1) every security violation, including unauthorized transfers of classified information into electronic systems, transmissions, or storage not certified for handling classified information; and (2) its justification for failing to terminate an employee who commits a violation after having committed previous security violations during the prior 10 years or to request a Federal Bureau of Investigation review of such a violation. State Department employees holding security clearances are subject to the Bureau of Diplomatic Security's quarterly collection of random samples of their emails to detect classified information spillage. The State Department must submit a plan to train State Department employees to: (1) identify classified information in materials subject to Freedom of Information Act requests, (2) ensure that intelligence community officials have an opportunity to make classification determinations on information potentially originating with the intelligence community, and (3) certify annually that they have archived their emails and documents in accordance with federal law.

SOS Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Rebasing Relief and Reassessment Act''. SEC. 2. RELIEF AND REASSESSMENT OF THE REBASING OF MEDICARE HOME HEALTH PROSPECTIVE PAYMENT AMOUNTS. (a) Suspension of Rebasing.--Section 1895(b)(3)(A)(iii) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)(iii)) is amended-- (1) in subclause (I), in the first sentence, by striking ``subclause (II)'' and inserting ``subclauses (II) and (III)''; (2) in subclause (II), in the first sentence, by striking ``The Secretary'' and inserting ``Subject to subclause (III), the Secretary''; and (3) by adding at the end the following new subclause: ``(III) Special rule.--Subclauses (I) and (II) shall not apply for the 12-month period beginning on the date of the enactment of this subclause. For periods beginning after the period described in the previous sentence, the Secretary shall apply such subclauses as if the previous sentence had not been enacted.''. (b) Revision of Home Health Outlier Adjustment.--Section 1895(b)(5)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(5)(A)) is amended, in the second sentence, by inserting ``(or, in the case of each of the years 2015 through 2023, 2.25 percent)'' after ``2.5 percent''. (c) Study and Report.-- (1) Study.-- (A) In general.--The Secretary of Health and Human Services, in consultation with representatives of Medicare home health agencies and beneficiaries, shall conduct a study on alternative methods for determining the appropriate adjustment under section 1895(b)(3)(A)(iii) of the Social Security Act (42 U.S.C. 1395(b)(3)(A)(iii)), including methods offered by stakeholders. Such study shall include an analysis of each of the following: (i) The projected impact on Medicare beneficiary access to care during each of 2014 through 2017 of applying section 1895(b)(3) during each of such years without application of subparagraph (A)(iii) of such section, compared to the projected impact on such access during each of such years of applying such section during each of such years with application of such subparagraph. (ii) The number and share of home health agencies that are projected to experience negative Medicare margins by 2017, including the location, size, and type of such agencies. (iii) With respect to home health agencies described in clause (ii)-- (I) the total number, average age, average income, and average number of activities of daily living of the Medicare beneficiaries such agencies serve; (II) the number of staff such agencies employ; (III) the number and location of counties in which such agencies serve as the sole provider of Medicare home health services; and (IV) to the extent practicable, the payer mix of such agencies. (iv) The impact of the adjustment on small home health agencies, as defined by the United States Small Business Administration small business size standards, consistent with the principles of the Regulatory Flexibility Act, which requires Federal agencies, including the Department of Health and Human Services, to fully consider during the rulemaking process the economic impact of regulatory provisions, as well as less burdensome regulatory alternatives, to small entities. (v) Any other areas determined appropriate by the Secretary. (B) Requirement for alternative methods and other considerations.--For purposes of the analysis under subparagraph (A)-- (i) the alternative methods described in such subparagraph shall cover each of the years in which the rebasing adjustment under such section 1895(b)(3)(A)(iii) is to be applied; and (ii) the Secretary shall include a cumulative analysis of other Medicare home health reimbursement reductions established by statute or regulation, consistent with the requirements of Executive Order 13563. (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under paragraph (1), together with such recommendations as the Secretary determines appropriate based on the findings of such study. Such report shall include-- (A) a determination by the Secretary as to whether, as a result of the findings of such study, the Secretary intends to use the authority under section 1871 of the Social Security Act (42 U.S.C. 1395hh) to modify the adjustment described in paragraph (1)(A) and the extent of any such modification; and (B) in the case the Secretary determines not to use such authority, the rationale for such determination.

Medicare Home Health Rebasing Relief and Reassessment Act - Amends title XVIII (Medicare) of the Social Security Act, with respect to the system for prospective payments for home health services, to suspend for a 12-month period a specified adjustment to (rebasing of) Medicare home health prospective payment amounts. Revises the home health outlier adjustment to equal not to exceed 2.25% (currently, 2.5%) for 2015 through 2023. Directs the Secretary of Health and Human Services (HHS) to study alternative methods for determining the appropriate adjustment for 2014 and subsequent years to the prospective payment for home health services, including methods offered by stakeholders.

Medicare Home Health Rebasing Relief and Reassessment Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Physician Self- Referral Amendments of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Eliminating restrictions on physician referrals based on compensation arrangements. Sec. 3. Exceptions to ownership referral prohibitions. Sec. 4. Change in definition of group practice. Sec. 5. Delay in implementation of 1993 ownership referral changes until promulgation of final regulations. Sec. 6. Exclusion of intraocular lenses, eyeglasses, and contact lenses. Sec. 7. Permitting supervision of clinical laboratory services by pathologists who are independent contractors. Sec. 8. Effective date. SEC. 2. ELIMINATING RESTRICTIONS ON PHYSICIAN REFERRALS BASED ON COMPENSATION ARRANGEMENTS. (a) In General.--Section 1877(a)(2) of the Social Security Act (42 U.S.C. 1395nn(a)(2)) is amended by striking ``is--'' and all that follows through ``equity,'' and inserting ``is (except as provided in subsection (c)) an ownership or investment interest in the entity through equity,''. (b) Conforming Amendments.--Section 1877 of such Act (42 U.S.C. 1395nn) is amended-- (1) in subsection (b)-- (A) in the heading, by striking ``to Both Ownership and Compensation Arrangement Prohibitions''; and (B) by redesignating paragraph (4) as paragraph (7); (2) in subsection (c)-- (A) by amending the heading to read as follows: ``Exception for Ownership or Investment Interest in Publicly Traded Securities and Mutual Funds''; and (B) in the matter preceding paragraph (1), by striking ``subsection (a)(2)(A)'' and inserting ``subsection (a)(2)''; (3) in subsection (d)-- (A) by striking the matter preceding paragraph (1); (B) in paragraph (3), by striking ``paragraph (1)'' and inserting ``paragraph (4)''; and (C) by redesignating paragraphs (1), (2), and (3) as paragraphs (4), (5), and (6), respectively, and by transferring and inserting such paragraphs after paragraph (3) of subsection (b); (4) by striking subsection (e); (5) in subsection (f)-- (A) in the matter preceding paragraph (1), by striking ``ownership, investment, and compensation'' and inserting ``ownership and investment''; (B) in paragraph (2), by striking ``subsection (a)(2)(A)'' and all that follows through ``subsection (a)(2)(B)),'' and inserting ``subsection (a)(2),''; and (C) in paragraph (2), by striking ``or who have such a compensation relationship with the entity''; and (6) in subsection (h)-- (A) by striking paragraphs (1), (2), and (3); (B) in paragraph (4)(A), by striking clause (iv); and (C) in paragraph (4)(B), by striking ``Rules.--'' and all that follows through ``(ii) Faculty'' and inserting ``Rules for faculty''. SEC. 3. EXCEPTIONS TO OWNERSHIP REFERRAL PROHIBITIONS. (a) Revisions to Exception for In-Office Ancillary Services.-- (1) Repeal of site-of-service requirement.--Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is amended-- (A) by amending subparagraph (A) of subsection (b)(2) to read as follows: ``(A) that are furnished personally by the referring physician, personally by a physician who is a member of the same group practice as the referring physician, or personally by individuals who are under the general supervision of the physician or of another physician in the group practice, and''; and (B) by adding at the end of subsection (h) the following new paragraph: ``(7) General supervision.--An individual is considered to be under the `general supervision' of a physician if the physician (or group practice of which the physician is a member) is legally responsible for the services performed by the individual and for ensuring that the individual meets licensure and certification requirements, if any, applicable under other provisions of law, regardless of whether or not the physician is physically present when the individual furnishes an item or service.''. (2) Clarification of treatment of physician owners of group practice.--Section 1877(b)(2)(B) of such Act (42 U.S.C. 1395nn(b)(2)(B)) is amended by striking ``or such group practice.'' and inserting ``, such group practice, or the physician owners of such group practice.''. (3) Conforming amendment.--Section 1877(b)(2) of such Act (42 U.S.C. 1395nn(b)(2)) is amended by amending the heading to read as follows: ``Ancillary services furnished personally or through group practice''. (b) Clarification of Exception for Services Furnished in a Rural Area.--Section 1877(d)(2) of such Act (42 U.S.C. 1395nn(d)(2)), before redesignation and transfer as section 1877(b)(5) of such Act under section 2(b)(3)(C), is amended by striking ``substantially all'' and inserting ``not less than 75 percent''. SEC. 4. CHANGE IN DEFINITION OF GROUP PRACTICE. Section 1877(h)(4) of the Social Security Act (42 U.S.C. 1395nn(h)(4)) is amended-- (1) in subparagraph (A), as amended by section 2(b)(6)(B)-- (A) by adding ``and'' at the end of clause (iii); (B) by redesignating clause (v) as clause (iv) and by striking ``, and'' at the end and inserting a period, and (C) by striking clause (vi); and (2) by adding at the end the following new subparagraph: ``(C) Member of a group.--A physician is a `member' of a group if the physician is an owner or a bona fide employee, or both, of the group.''. SEC. 5. DELAY IN IMPLEMENTATION OF 1993 OWNERSHIP REFERRAL CHANGES UNTIL PROMULGATION OF FINAL REGULATIONS. Notwithstanding paragraphs (1) and (2) of section 13562(b) of the Omnibus Budget Reconciliation Act of 1993, the amendments made by section 13562(a) of such Act shall not apply to any referrals made before the effective date of final regulations promulgated by the Secretary of Health and Human Services to carry out such amendments. SEC. 6. EXCLUSION OF INTRAOCULAR LENSES, EYEGLASSES, AND CONTACT LENSES. Section 1877(h)(6)(H) of the Social Security Act (42 U.S.C. 1395nn(h)(6)(H)) is amended by inserting ``, other than intraocular lenses, eyeglasses, and contact lenses'' before the period. SEC. 7. PERMITTING SUPERVISION OF CLINICAL LABORATORY SERVICES BY PATHOLOGISTS WHO ARE INDEPENDENT CONTRACTORS. Section 1877(b)(2) of the Social Security Act (42 U.S.C. 1395nn(b)(2)), as amended by section 3(a)(1)(A), is amended by adding at the end the following: ``In applying subparagraph (A) in the case of a pathologist who supervises or directs the provision of clinical laboratory services for a group practice, the pathologist is deemed to be a member of (and in) such group practice.''. SEC. 8. EFFECTIVE DATE. The amendments made by sections 2 through 4 and 6 and 7 of this Act apply to referrals made on or after the date of the enactment of this Act, regardless of whether or not regulations are promulgated to carry out such amendments.

Physician Self-Referral Amendments of 1999 - Amends title XVIII (Medicare) of the Social Security Act to revise limitations on certain physician referrals to: (1) eliminate restrictions on physician referrals based on compensation arrangements; (2) repeal site of service requirements contained in the exceptions to the ownership referral prohibitions; (3) change the definition of group practice; (4) exclude intraocular lenses, eyeglasses, and contact lenses as designated health services; and (5) permit supervision of clinical laboratory services by pathologists who are independent contractors.

Physician Self-Referral Amendments of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Intermediary Lending Pilot Program Act of 2009''. SEC. 2. SMALL BUSINESS INTERMEDIARY LENDING PILOT PROGRAM. (a) In General.--Section 7 of the Small Business Act is amended by striking subsection (l) and inserting the following: ``(l) Small Business Intermediary Lending Pilot Program.-- ``(1) Definitions.--In this subsection-- ``(A) the term `eligible intermediary'-- ``(i) means a private, nonprofit entity that-- ``(I) seeks or has been awarded a loan from the Administrator to make loans to small business concerns under this subsection; and ``(II) has not less than 1 year of experience making loans to startup, newly established, or growing small business concerns; and ``(ii) includes-- ``(I) a private, nonprofit community development corporation; ``(II) a consortium of private, nonprofit organizations or nonprofit community development corporations; and ``(III) an agency of or nonprofit entity established by a Native American Tribal Government; and ``(B) the term `Program' means the small business intermediary lending pilot program established under paragraph (2). ``(2) Establishment.--There is established a 3-year small business intermediary lending pilot program, under which the Administrator may make direct loans to eligible intermediaries, for the purpose of making loans to startup, newly established, and growing small business concerns. ``(3) Purposes.--The purposes of the Program are-- ``(A) to assist small business concerns in areas suffering from a lack of credit due to poor economic conditions or changes in the financial market; and ``(B) to establish a loan program under which the Administrator may provide loans to eligible intermediaries to enable the eligible intermediaries to provide loans to startup, newly established, and growing small business concerns for working capital, real estate, or the acquisition of materials, supplies, or equipment. ``(4) Loans to eligible intermediaries.-- ``(A) Application.--Each eligible intermediary desiring a loan under this subsection shall submit an application to the Administrator that describes-- ``(i) the type of small business concerns to be assisted; ``(ii) the size and range of loans to be made; ``(iii) the interest rate and terms of loans to be made; ``(iv) the geographic area to be served and the economic, poverty, and unemployment characteristics of the area; ``(v) the status of small business concerns in the area to be served and an analysis of the availability of credit; and ``(vi) the qualifications of the applicant to carry out this subsection. ``(B) Loan limits.--No loan may be made to an eligible intermediary under this subsection if the total amount outstanding and committed to the eligible intermediary by the Administrator would, as a result of such loan, exceed $3,000,000 during the participation of the eligible intermediary in the Program. ``(C) Loan duration.--Loans made by the Administrator under this subsection shall be for a term of 20 years. ``(D) Applicable interest rates.--Loans made by the Administrator to an eligible intermediary under the Program shall bear an annual interest rate equal to 1.00 percent. ``(E) Fees; collateral.--The Administrator may not charge any fees or require collateral with respect to any loan made to an eligible intermediary under this subsection. ``(F) Delayed payments.--The Administrator shall not require the repayment of principal or interest on a loan made to an eligible intermediary under the Program during the 2-year period beginning on the date of the initial disbursement of funds under that loan. ``(G) Maximum participants and amounts.--During each of fiscal years 2010, 2011, and 2012, the Administrator may make loans under the Program-- ``(i) to not more than 20 eligible intermediaries; and ``(ii) in a total amount of not more than $60,000,000. ``(5) Loans to small business concerns.-- ``(A) In general.--The Administrator, through an eligible intermediary, shall make loans to startup, newly established, and growing small business concerns for working capital, real estate, and the acquisition of materials, supplies, furniture, fixtures, and equipment. ``(B) Maximum loan.--An eligible intermediary may not make a loan under this subsection of more than $200,000 to any 1 small business concern. ``(C) Applicable interest rates.--A loan made by an eligible intermediary to a small business concern under this subsection, may have a fixed or a variable interest rate, and shall bear an interest rate specified by the eligible intermediary in the application of the eligible intermediary for a loan under this subsection. ``(D) Review restrictions.--The Administrator may not review individual loans made by an eligible intermediary to a small business concern before approval of the loan by the eligible intermediary. ``(6) Termination.--The authority of the Administrator to make loans under the Program shall terminate 3 years after the date of enactment of the Small Business Intermediary Lending Pilot Program Act of 2009.''. (b) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue regulations to carry out section 7(l) of the Small Business Act, as amended by subsection (a). (c) Availability of Funds.--Any amounts provided to the Administrator for the purposes of carrying out section 7(l) of the Small Business Act, as amended by subsection (a), shall remain available until expended.

Small Business Intermediary Lending Pilot Program Act of 2009 - Establishes a three-year small business intermediary lending pilot program under which the Administrator of the Small Business Administration (SBA) may make direct loans to eligible nonprofit lending intermediaries for the purpose of making loans of up to $200,000 each to startup, newly-established, and growing small businesses. Authorizes the Administrator, under the program, to make one percent, 20-year loans of up to $3 million to up to 20 lending intermediaries.

A bill to amend the Small Business Act to establish a small business intermediary lending pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Judicial Review Improvement Act of 2002''. SEC. 2. STANDARD FOR REVERSAL OF ERRONEOUS FINDINGS OF FACT. (a) Change to ``Clearly Erroneous'' Standard.--Section 7261 of title 38, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by inserting ``adverse to a claimant'' after ``material fact''; and (B) by striking ``is clearly erroneous'' and inserting ``is not supported by a preponderance of the evidence''; and (2) by striking subsection (b) and inserting the following: ``(b) In making the determinations under subsection (a), the Court shall review the record of proceedings before the Secretary and the Board, as provided for in section 5107(b) and section 7252(b) of this title.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to any action brought under chapter 72 of title 38, United States Code, that is not final under section 7291 of such title as of after the date of the enactment of this Act. SEC. 3. JURISDICTION OF COURT OF APPEALS FOR VETERANS CLAIMS. Section 7252 of title 38, United States Code, is amended-- (1) in subsection (b), by inserting ``under subsection (a)'' in the second sentence after ``The extent of the review''; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection (c): ``(c) If the Court determines that the Secretary has unlawfully withheld or unreasonably delayed action on a claim or has failed to plead or otherwise defend in accordance with the rules of the Court, the Court may enter a default judgment against the Secretary. A default judgment may not be entered against the Secretary unless the Secretary has been provided notice of such a proposed judgment and the Court finds that the claim or right to relief has been established.''. SEC. 4. JURISDICTION OF COURT OF APPEALS FOR THE FEDERAL CIRCUIT TO REVIEW DECISIONS OF THE COURT OF APPEALS FOR VETERANS CLAIMS. (a) Expansion of Jurisdiction.--Section 7292 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``(1)'' after ``review of the decision''; and (B) by inserting before the period at the end of the first sentence the following: ``, or (2) with respect to any question of law, or of an application of the law to the facts, that was relied on by the Court in making the decision'' (2) in subsection (d)(2)-- (A) by striking ``(A)''; and (B) by striking ``, or (B)'' and all that follows through ``particular case''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to any case for which an appeal is filed with the United States Court of Appeals for the Federal Circuit on or after the date of the enactment of this Act or for which an appeal was filed with that court before such date and which is not final under section 7291 of title 38, United States Code, as of that date. SEC. 5. CODIFICATION OF REQUIREMENT FOR EXPEDITIOUS TREATMENT OF CASES ON REMAND. (a) Cases Remanded by Board of Veterans' Appeals.--(1) Chapter 51 of title 38, United States Code, is amended by adding at the end of subchapter I the following new section: ``Sec. 5109B. Expedited treatment of remanded claims ``The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the appropriate regional office of the Veterans Benefits Administration of any claim that is remanded to that office by the Board of Veterans' Appeals.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5109A the following new item: ``5109B. Expedited treatment of remanded claims.''. (b) Cases Remanded by Court of Appeals for Veterans Claims.--(1) Chapter 71 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7112. Expedited treatment of remanded claims ``The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Board of any claim that is remanded to the Secretary by the Court of Appeals for Veterans Claims.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``7112. Expedited treatment of remanded claims.''. (c) Repeal of Source Section.--Section 302 of the Veterans' Benefits Improvement Act of 1994 (Public Law 103-446; 108 Stat. 4658; 38 U.S.C. 5101 note) is repealed. SEC. 6. AUTHORITY FOR COURT OF APPEALS FOR VETERANS CLAIMS TO ORDER PAYMENT OF INTERIM BENEFITS ON REMANDED CLAIMS. (a) Authority To Order Payment.--Section 7267 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) Whenever the Court remands to the Secretary a case involving a claim for compensation, dependency and indemnity compensation, or pension, the Court may include in its order remanding the case an order that if the remanded claim is not decided by the Secretary within 180 days of the date of the remand, the Secretary shall pay interim benefits under that claim in such amount as may be provided in the court order, not in excess of the amount specified in the claim (or the amount for the rating specified in the claim). Payments pursuant to such an order shall commence effective with the next month beginning after the end of such 180-day period and shall terminate as provided in the Court order, but not later than the last day of the month in which the final decision resolving the claim is made. ``(2) An order of the Court under paragraph (1) for the payment of interim benefits is final and is not subject to review by any other court. ``(3) In a case for which interim benefits are paid pursuant to an order under paragraph (1)-- ``(A) if benefits are awarded as part of the final decision on the claim, the amount of interim benefits paid for any month shall be deducted from the amount of any retroactive benefit otherwise payable for that month under the final decision on the claim; and ``(B) if benefits are not awarded as part of the final decision on the claim, the amount of interim benefits paid shall not be considered to be an overpayment and shall not otherwise be subject to recovery by the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to any action brought under chapter 72 of title 38, United States Code, that is not final under section 7291 of such title as of the date of the enactment of this Act. SEC. 7. AUTHORITY FOR COURT TO EXTEND TIME TO FILE NOTICE OF APPEAL. (a) Authority.--Section 7266(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(5) The Court, upon a showing of excusable neglect or good cause, may extend the time for filing a notice of appeal. A copy of any motion for such an extension of time for filing shall be provided to the Secretary and to any other party to the case in accordance with the Court's rules of practice and procedure.''. (b) Effective Date.--The amendment made by subsection (a) shall not apply to any case for which the time for filing a notice of appeal under section 7266 of title 38, United States Code, has elapsed before the date of the enactment of this Act.

Veterans Judicial Review Improvement Act of 2002 - Amends Federal provisions relating to the Court of Appeals for Veterans Claims (Court) to: (1) hold unlawful and set aside a finding of material fact when not supported by a preponderance of the evidence (currently, only when clearly erroneous); (2) allow the Court to enter a default judgment against the Secretary of Veterans Affairs upon a determination that the Secretary has unlawfully withheld or unreasonably delayed action on a claim or has failed to plead or otherwise defend; and (3) allow judicial review by the Circuit Court of Appeals of any question of law, or application of law to the facts, that was relied upon by the Court.Directs the Secretary to provide for the expeditious treatment: (1) by the appropriate office of the Veterans Benefits Administration of any claim remanded to that office by the Board of Veterans' Appeals; and (2) by such Board of any claim remanded to the Secretary by the Court.Authorizes the Court, in claims remanded to the Secretary involving compensation, dependency and indemnity compensation, or pension, to order the Secretary to pay interim benefits when a decision on such claim is not rendered within 180 days.Authorizes the Court, upon a showing of excusable neglect or good cause, to extend the time for filing a notice of appeal.

To amend title 38, United States Code, to make improvements in judicial review of administrative decisions of the Department of Veterans Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western States Energy Consumer Protection Act of 2001''. SEC. 2. FINDINGS. The Congress finds that-- (1) undue reliance upon the purchase of power from the spot market has resulted in a dysfunctional energy market reflected in high spot market prices; (2) the State of California should encourage further use of long-term and bilateral contracts and reduce reliance on the spot market; and (3) it is not in the interest of the residents of the State of California for the State to create and operate a statewide power authority. SEC. 3. DEFINITIONS. As used in this Act: (1) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (2) Public utility.--The term ``public utility'' has the meaning given the term in section 201 of the Federal Power Act (16 U.S.C. 824). (3) Wholesale electric utility.--The term ``wholesale electric utility'' means a person or entity (including any Federal, State or local department, agency, or instrumentality) selling electric power at wholesale in the western energy market (4) Western energy market.--The term ``western energy market'' means the area within the United States that is encompassed by the Western Systems Coordinating Council (``WSCC''). (5) Spot market.--The terms ``spot market'' and ``real time market'' mean the market for electric energy to be delivered within the next 24-hour period, or the spot market as otherwise defined by the Commission. (6) Re-marketer.--The term ``re-marketer'' means any person who purchases electric energy at wholesale for resale at wholesale. SEC. 4. MARKET MONITORING AND MITIGATION PLAN. (a) Expansion to WSCC Region.--The Federal Energy Regulatory Commission shall issue such orders as may be necessary to apply to all public utility sales of electric energy in interstate commerce in the western energy market the market monitoring and mitigation plan for the California market (as adopted by order issued on April 26, 2001 (95 FERC 61,115)), that is based not on inflexible price caps, but on the use of competitive bids to replicate competitive pricing. (b) Scope of Plan.-- (1) In general.--The orders issued as provided in subsection (a) shall also modify the market monitoring and mitigation plan to remove the limitations in such plan regarding emergencies in California when reserves are 7.5 percent or less so that such plan will apply to all sales by public utilities in interstate commerce in the spot market at all times, including sales by re-marketers. (2) Certain states excluded.--The market mitigation plan referred to in this section shall not apply to sales of electric energy at wholesale for delivery in a State that, after the enactment of this Act-- (A) prohibits the State public utility commission from approving the passing through to retail consumers of the costs of electric power; or (B) imposes a price limit on the sale of electric energy at retail that precludes a public utility (or any entity that is authorized to purchase electricity on behalf of a public utility or a State) from making a payment when due to any entity within the western energy market from which the public utility purchases electric energy for resale at retail within the western energy market. (c) Department of Energy Authority.--The Secretary of Energy shall have the authority to terminate the market mitigation plan referred to in this section at any time that the Secretary determines that such plan is resulting in decreased supply or increased demand for electric energy in the States covered by the Western States Coordinating Council. (d) Application to Nonjurisdictional Utilities.--It is the intent of Congress that each wholesale electric utility that is not a public utility subject to the jurisdiction of the Commission shall voluntarily comply with the market monitoring and mitigation plan referred to in subsection (a), as modified by the Commission under this section. (e) Sunset.--The requirements of this section shall cease to apply as of September 30, 2002. SEC. 5. NATURAL GAS RATES. (a) Inapplicability of Waiver of Maximum Rate Ceiling Provision to Transportation of Natural Gas Into the State of California.--Effective with respect to contracts entered into after the date of enactment of this Act, paragraph (i) of section 284.8 of title 18, Code of Federal Regulations, shall not apply to the transportation of natural gas into the State of California from outside the State. (b) Disclosure of Commodity Portion and Transportation Portion of Sale Price in Bundled Natural Gas Transactions.-- (1) Definition of bundled transaction.--In this subsection, the term ``bundled transaction'' means a transaction for the sale of natural gas in which the sale price includes both the cost of the natural gas and the cost of transporting the natural gas. (2) Disclosure.--Exercising authority under section 4 of the Natural Gas Act (15 U.S.C. 717c), not later than 60 days after the date of enactment of this Act, the Commission shall publish notice of a proposed rulemaking, and not later than 180 days after such date of enactment issue a rule, that requires any person that sells natural gas in a bundled transaction under which the natural gas is to be transported into the State of California from outside the State to file with the Commission, not later than a date specified by the Commission, a statement that discloses-- (A) the portion of the sale price that is attributable to the price paid by the seller for the natural gas; and (B) the portion of the sale price that is attributable to the price paid for transportation of the natural gas. SEC. 6. NO ORDERS TO SELL GAS OR ELECTRICITY WITHOUT A REASONABLE ASSURANCE OF PAYMENT. Notwithstanding section 302 of the Natural Gas Policy Act of 1978 (15 U.S.C. 3362), section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)), or section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071), neither the Secretary of Energy nor the Commission may issue an order that requires a seller of electric energy or natural gas to sell, on or after the date of enactment of this Act, electric energy or natural gas to a buyer in any State in the western region unless there is a reasonable assurance that the Commission determines is sufficient to ensure that the seller will be paid-- (1) the full purchase price when due, as agreed to by the buyer and seller; or (2) if the buyer and seller are unable to agree on-- (A) a fair and equitable price for natural gas, as determined by the President under section 302 of the Natural Gas Policy Act of 1978 (15 U.S.C. 3362); or (B) a just and reasonable price for electric energy, as determined by the Secretary of Energy or the Commission, as appropriate, under section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)). SEC. 7. REQUIREMENT TO MEET IN-STATE DEMAND. Notwithstanding any other provision of law, a State public utility commission in the western energy market may prohibit any utility subject to the jurisdiction of the State public utility commission from making any sale of electric energy to a purchaser outside the service area of the utility at any time at which the State public utility commission has reason to believe that delivery of the electric energy would impair the ability of the utility to meet, at or after the time of the delivery, the demand for electric energy in the service area of the utility. SEC. 8. WHOLESALE RATE REFUND AUTHORITY. Section 206(b) of the Federal Power Act (16 U.S.C. 824e(b)) is amended as follows: (1) In the second sentence, strike ``shall not be earlier than the date 60 days after the filing of such complaint nor later than 5 months after the expiration of such 60-day period'' and insert ``shall be the date of the filing of such complaint''. (2) In the third sentence, strike ``shall not be earlier than the date 60 days after the publication by the Commission of notice of its intention to initiate such proceeding nor later than 5 months after the expiration of such 60-day period'' and insert ``shall be the date of publication by the Commission of notice of its intention to initiate such proceeding''. (3) Beginning in the seventh sentence, strike ``through a date fifteen months after such refund effective date'' and all that follows down through ``prior to the conclusion of the proceeding'' and insert ``through the conclusion of the proceeding''. (4) In the last sentence, after ``interest'' insert ``and any penalties the Commission deems appropriate''. SEC. 9. FERC REPORT ON SCHEDULED OUTAGES. Within 180 days after the enactment of this Act, the Commission shall undertake a study of the means available to improve Commission oversight to investigate and coordinate scheduled outages by electric powerplants. The Commission shall submit a report to Congress containing the findings of such study. SEC. 10. EFFECT OF ACT. Nothing in this Act-- (1) affects any energy production that, as of the date of enactment of this Act, is not online and for which an application for a permit to produce electricity has not been filed; (2) affects any contract for the purchase of electric energy except a contract for a spot market purchase; (3) prohibits a State or other entity from appearing in a Federal court in any instance in which it is alleged that the Commission is not enforcing the Federal Power Act (16 U.S.C. 791a et seq.); or (4) diminishes or has any other effect on the authority of a State regulatory authority (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) to regulate rates and charges for the sale of electric energy to consumers, including the authority to determine the manner in which wholesale rates shall be passed through to consumers (including the setting of tiered pricing, real-time pricing, and baseline rates).

Western States Energy Consumer Protection Act of 2001 - Instructs the Federal Energy Regulatory Commission (FERC) to issue orders which make applicable to all interstate public utility electric energy sales in the western energy market a specified State of California market monitoring and mitigation plan that is based upon competitive bids to replicate competitive pricing.Authorizes termination of such plan if the Secretary of Energy determines that it results in decreased supply or increased demand for electric energy within the territory encompassed by the Western States Coordinating Council.Directs FERC to require a vendor of bundled natural gas transported into the State of California to disclose that portion of the sale price attributable to: (1) the price paid by the seller for such gas; and (2) the price paid for transportation of the gas.Precludes FERC and the Secretary from requiring sales of electric energy or natural gas in any State in the western region without a reasonable assurance of payment.Authorizes a State public utility commission in the western energy market to prohibit electric energy sales outside the service area of the pertinent public utility if that would impair the ability of such utility to meet in-State demand.Amends the Federal Power Act to prescribe guidelines to accelerate the effective date of FERC-ordered wholesale rate refunds.

To amend the Federal Power Act to provide the Federal Energy Regulatory Commission with authority to order certain refunds of electric rates, to require the Commission to expand its market mitigation plan, and to provide the Secretary of Energy with authority to revoke the market mitigation plan under certain circumstances, and for other purposes.

Section 1. (a) This section shall apply to mailings by Senators, Senators-elect, and offices of the Senate made during fiscal year 1994 and each fiscal year thereafter in addition to any other law relating to the use of the franking privilege. (b) For the purposes of this paragraph-- (1) the term ``mass mailing''-- (A) means, with respect to a session of Congress, a mailing of five hundred or more newsletters or other pieces of mail with substantially identical content (whether such mail is deposited singly or in bulk, or at the same time or different times), but (B) does not include a mailing-- (i) of matter in direct response to communication from a person to whom the matter is mailed (to the extent of two such mailings) that-- (I) is the case of an initial response, is mailed at any time; or (II) in the case of a followup response, is mailed not later than one hundred and eighty days after the date of receipt of the communication; (ii) to other members of Congress or to a Federal, State, or local government official; (iii) of a news release to the communications media; (iv) of a town meeting or mobile office notice; or (v) of a Federal publication or other item that is provided by the Senate to all Senators or made available by the Senate for purchase by all Senators from official funds specifically for distribution. (c) A Senator, Senator-elect, or office of the Senate may not mail a mass mailing under the frank. (d) As soon as practicable after the close of each quarter of a fiscal year, the chairman of the Committee on Rules and Administration of the Senate shall cause to be printed in the Congressional Record-- (1) the dollar amount of the allocation of official mail costs made to each Senator, Senator-elect, and office of the Senate for the fiscal year; (2) the dollar amount of official mail costs that were incurred by each Senator, Senator-elect, and Senate office during that quarter; and (3) the balance of the allocation for official mailing costs that remain available to each Senator, Senator-elect, and Senate office. (e)(1) In connection with their fiscal 1995 budget presentations to the Committee on Appropriations of the Senate, the Secretary of the Senate and the Sergeant at Arms and Doorkeeper of the Senate shall submit a report that describes-- (A) the best available and most recent information relating to the amount of expenditures made from each Senate office account for official mail activities during fiscal year 1994 as of the date of the budget presentation; (B) the best available and most recent information relating to the amount of expenditures made from each Senate office account for official mail activities during fiscal year 1993 as of the date that is one year earlier than the date referred to in subparagraph (A); and (C) the amount of any difference between the amounts described in subparagraphs (A) and (B) that is attributable to the operation of subsection (c). (2) As used in this subsection, the term ``official mail activities'' includes the cost of producing, processing, and mailing of official mail. (f)(1) On and after the date of enactment of this Act and during fiscal year 1994 and each fiscal year thereafter, no member, officer, or employee of the Senate may use any appropriated funds or any equipment or other resources that are paid for with appropriated funds for the purpose of procuring, gaining access to, or using a mailing list of any kind (including a voter registration list) that is produced by any public or private entity except a mailing list described in paragraph (2). (2)(A) A mailing list is described in this paragraph if it is-- (i) a postal patron list or update as provided by the United States Postal Service to be used for town meeting and mobile office notices; (ii) a list of members of the communications media; (iii) a list of Federal, State, or local government officials; or (iv) a list of fewer than five hundred persons identifiable as having an interest in a legislative topic that is different from any legislative topic identified as a subject of interest of persons named in any list previously procured, accessed, or used by a person (or by another member of the office of which the person so procuring, accessing, or using is a member) and used for the purpose of making a mailing with official funds during a fiscal year. (B) For the purpose of subparagraph (A)(iv), a legislative topic may be considered to be different from another legislative topic only if any mailing for which it is intended to be used (and for which it is in fact used) has a content that is not substantially identical (within the meaning of subsection (b)(1)(A)) to the content of any other mailing made by the office previously during the fiscal year.

Prohibits the use of franked mass mailings by Senators, Senators-elect, and Senate offices beginning in FY 1994. Requires the chairman of the Committee on Rules and Administration to have printed in the Congressional Record: (1) the dollar amount of the allocation of official mail costs made to each Senator, Senator-elect, and Senate office for the fiscal year; (2) the quarterly costs that were incurred by them; and (3) the balance of such allocations that remain available to each individual and office. Requires the Secretary of the Senate, the Sergeant at Arms, and the Doorkeeper of the Senate, in connection with their FY 1995 budget presentations, to submit a report to the Senate Committee on Appropriations describing: (1) the best available and most recent information relating to the amount of expenditures made from each Senate office account for official mail activities during FY 1994 and 1993; and (2) the amount of any difference between the two fiscal years for such expenditures attributed to franked mass mailings. Prohibits a member, officer, or employee of the Senate from using any appropriated funds, equipment, or other resources paid for with appropriated funds for procuring, gaining access to, or using a mailing list of any kind (including a voter registration list) that is produced by any public or private entity except a mailing list of: (1) postal patrons; (2) members of the communications media; (3) Federal, State, or local government officials; or (4) fewer than 500 persons identified as having an interest in a legislative topic that is different from a topic in any list previously used for a mass mailing.

A bill to prohibit taxpayer financed mass mailings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Corrections Act of 1994''. SEC. 2. GRANTS FOR VIOLENT AND CHRONIC JUVENILE FACILITIES. (a) Grants.--The Administrator may make grants to States and units of local government or combinations thereof to assist them in planning, establishing, and operating secure facilities and staff-secure facilities for violent and chronic juvenile offenders. (b) Eligibility.--The mandates required by the Juvenile Justice and Delinquency Act (42 U.S.C. 5601 et seq.) shall apply to grants under this section. (c) Applications.-- (1) In general.--The chief executive officer of a State or unit of local government that desires to receive a grant under this section shall submit to the Administrator an application, in such form and in such manner as the Administrator may prescribe. (2) Contents.--An application under paragraph (1) shall-- (A) provide assurances that each facility funded with a grant under this section will provide appropriate educational, vocational, and lifeskills training and substance abuse treatment for incarcerated juveniles; and (B) provide assurances that juveniles incarcerated in a facility that is funded with a grant under this section will be provided with intensive post-release supervision and services. (d) Minimum Amount.--Each Qualifying State together with units of local government within the State shall be allocated for each fiscal year not less than 1.0 percent of the total amount appropriated for that fiscal year for grants under subsection (c), except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.2 percent of that amount. (e) Performance Evaluation.-- (1) Evaluation components.-- (A) In general.--Each facility funded under this section shall contain an evaluation component developed pursuant to guidelines established by the Administrator. (B) Outcome measures.--The evaluations required by this subsection shall include outcome measures that can be used to determine the effectiveness of the funded programs, including the effectiveness of such programs in comparison with other correctional programs or dispositions in reducing the incidence of recidivism. (2) Periodic review and reports.-- (A) Review.--The Administrator shall review the performance of each grant recipient under this section. (B) Reports.--The Administrator may require a grant recipient to submit to the Office of Juvenile Justice and Delinquency Prevention the results of the evaluations required under paragraph (1) and such other data and information as are reasonably necessary to carry out the Administrator's responsibilities under this section. (f) Technical Assistance and Training.--The Administrator may request that the Director of the National Institute of Corrections and the Director of the Federal Bureau of Prisons provide technical assistance and training to States and units of local government that receive grants under this section to achieve the purposes of this section. (g) Definitions.--In this section-- ``Administrator'' means the Administrator of the Office of Juvenile Justice and Delinquency Prevention Programs. ``Qualifying State'' means a State that has submitted, or a State in which an eligible unit of local government has submitted, a grant application that meets the requirements of subsections (c) and (e). ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $75,000,000 for fiscal year 1996; (2) $100,000,000 for fiscal year 1997; (3) $190,000,000 for fiscal year 1998; (4) $200,000,000 for fiscal year 1999; and (5) $207,000,000 for fiscal year 2000. SEC. 3. COMPENSATING REDUCTION OF AUTHORIZATION OF APPROPRIATIONS. Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 is amended by striking paragraphs (2) through (6) and inserting the following: (1) $675,000,000 for fiscal year 1996; (2) $900,000,000 for fiscal year 1997; (3) $1,710,000,000 for fiscal year 1998; (4) $1,800,000,000 for fiscal year 1999; and (5) $1,863,000,000 for fiscal year 2000.

Juvenile Corrections Act of 1994 - Authorizes the Administrator of Juvenile Justice and Delinquency Prevention to make grants to assist States and local governments in planning, establishing, and operating secure facilities and staff-secure facilities for violent and chronic juvenile offenders. Sets forth provisions regarding: (1) eligibility for grants; (2) application requirements; (3) minimum amounts allocated to qualifying States; (4) performance evaluations; and (5) technical assistance and training. Authorizes appropriations. Amends the Violent Crime Control and Law Enforcement Act of 1994 to make a compensating reduction of the authorization of appropriations from Violent Offender Incarceration and Truth in Sentencing Incentive Grants.

Juvenile Corrections Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2002''. SEC. 2. AUTHORIZATION OF ADDITIONAL PROJECTS UNDER THE LOWER RIO GRANDE VALLEY WATER RESOURCES CONSERVATION AND IMPROVEMENT ACT OF 2000. Section 4(a) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3067) is amended by adding at the end the following: ``(5) In the United Irrigation District of Hidalgo County, Texas, a pipeline and pumping system as identified in the Sigler, Winston, Greenwood, Associates, Incorporated, study dated January 2001. ``(6) In the Cameron County, Texas, Irrigation District No. 2, proposed improvements to Canal C, as identified in the February 8, 2001, engineering report by Martin, Brown, and Perez. ``(7) In the Cameron County, Texas, Irrigation District No. 2, a proposed Canal C and Canal 13 Inner Connect, as identified in the February 12, 2001, engineering report by Martin, Brown, and Perez. ``(8) In Delta Lake Irrigation District of Hidalgo and Willacy Counties, Texas, proposed water conservation projects, as identified by the AW Blair Engineering report of February 13, 2001. ``(9) In the Hidalgo and Cameron County, Texas, Irrigation District No. 9, a proposed project to salvage spill water using automatic control of canal gates as identified in the AW Blair Engineering report dated February 14, 2001. ``(10) In the Brownsville Irrigation District of Cameron County, Texas, a proposed main canal replacement as outlined in the Holdar-Garcia & Associates engineering report dated February 14, 2001. ``(11) In the Hidalgo County, Texas, Irrigation District No. 16, a proposed off-district pump station project as identified by the Melden & Hunt, Incorporated, engineering report dated February 14, 2001. ``(12) In the Hidalgo County, Texas, Irrigation District No. 1, a proposed canal replacement of the North Branch East Main, as outlined in the Melden & Hunt, Incorporated, engineering analysis dated February, 2001. ``(13) In the Donna (Texas) Irrigation District, a proposed improvement project as identified by the Melden & Hunt, Incorporated, engineering analysis dated February 13, 2001. ``(14) In the Hudspeth County, Texas, Conservation and Reclamation District No. 1, the Alamo Arroyo Pumping Plant water quality project as identified by the engineering report and drawings by Gebhard-Sarma and Associates dated July 1996 and the construction of a 1,000 acre-foot off-channel regulating reservoir for the capture and conservation of irrigation water, as identified in the engineering report by AW Blair Engineering dated June 2002. ``(15) In the El Paso County, Texas, Water Improvement District No. 1, the Riverside Canal Improvement Project Phase I Reach A, a canal lining and water conservation project as identified by the engineering report by AW Blair Engineering dated June 2002. ``(16) In the Maverick County, Texas, Water Improvement and Control District No. 1, the concrete lining project of 12 miles of the Maverick Main Canal, identified in the engineering report by AW Blair Engineering dated June 2002. ``(17) In the Hidalgo County, Texas, Irrigation District No. 6, rehabilitation of 10.2 miles of concrete lining in the main canal between Lift Stations Nos. 2 and 3 as identified in the engineering report by AW Blair Engineering dated June 2002. ``(18) In the Hidalgo County, Texas, Irrigation District No. 2, Wisconsin Canal Improvements as identified in the Sigler, Winston, Greenwood & Associates, Incorporated, engineering report dated February 2001. ``(19) In the Hidalgo County, Texas, Irrigation District No. 2, Lateral `A' Canal Improvements as identified in the Sigler, Winston, Greenwood & Associates, Incorporated, engineering report dated July 25, 2001.''. SEC. 3. AMENDMENTS TO THE LOWER RIO GRANDE VALLEY WATER RESOURCES CONSERVATION AND IMPROVEMENT ACT OF 2000. The Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3065 et seq.) is further amended as follows: (1) Section 3(a) is amended in the first sentence by striking ``The Secretary'' and all that follows through ``in cooperation'' and inserting ``The Secretary, acting through the Bureau of Reclamation, shall undertake a program under cooperative agreements''. (2) Section 3(b) is amended to read as follows: ``(b) Project Review.--Project proposals shall be reviewed and evaluated under the guidelines set forth in the document published by the Bureau of Reclamation entitled `Guidelines for Preparing and Reviewing Proposals for Water Conservation and Improvement Projects Under P.L. 106-576', dated June 2001.''. (3) Section 3(d) is amended by inserting before the period at the end the following: ``, including operation, maintenance, repair, and replacement''. (4) Section 3(e) is amended by striking ``the criteria established pursuant to this section'' and inserting ``the guidelines referred to in subsection (b)''. (5) Subsection (f) of section 3 is amended by striking ``to prepare'' and all that follows through the end of the subsection and inserting ``to have the Secretary prepare the reports required under this section. The Federal share of the cost of such preparation by the Secretary shall not exceed 50 percent of the total cost of such preparation.''. (6) Section 3(g) is amended by striking ``$2,000,000'' and inserting ``$8,000,000''. (7) Section 4(b) is amended-- (A) in the first sentence by striking ``costs of any construction'' and inserting ``total project cost of any project''; and (B) in the last sentence by inserting ``the actual'' before ``funds''. (8) Section 4(c) is amended by striking ``$10,000,000'' and inserting ``$47,000,000 (2001 dollars)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2002 - Amends the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to: (1) authorize the construction of 20 additional specified projects in Texas; (2) require the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake the Lower Rio Grande Water Conservation and Improvement Program through cooperative agreements; (3) require that project proposals be reviewed and evaluated under the guidelines set forth in a specified Bureau of Reclamation document; (4) require the Secretary to determine that a non-Federal project sponsor is financially capable of funding the non-Federal share of the project's costs, including operation, maintenance, repair, and replacement, and whether the project meets the guidelines; (5) permit project sponsors to contract with the Secretary to have the Secretary prepare the reports required under the Act (at a Federal cost share not to exceed 50 percent); (6) increase the authorization of appropriations for carrying out the Program; and (7) limit the non-Federal share of the total cost of any project carried out under or with assistance provided under the Act to 50 percent.

To amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects under that Act, and for other purposes.