FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Service Implementation Act of 1993''. SEC. 2. INAPPLICABILITY OF DEMONSTRATION PROGRAM LOAN FORGIVENESS TO INDIVIDUALS PERFORMING NATIONAL COMMUNITY SERVICE. Section 428J of the Higher Education Act of 1965 (hereafter in this Act referred to as the ``Act'') (20 U.S.C. 1078-10) is amended-- (1) in the heading for subsection (b), by striking ``Demonstration program'' and inserting ``Program authorized''; (2) in the heading for paragraph (1) of subsection (b), by striking ``In General'' and inserting ``Demonstration Program''; (3) in subsection (b)-- (A) in clause (ii) of subparagraph (A), by inserting ``or'' after the semicolon at the end thereof; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); and (4) in subsection (g)-- (A) in paragraph (1), by striking ``program'' and inserting ``programs''; (B) in paragraph (3)-- (i) in subparagraph (A), by striking ``program'' and inserting ``programs''; (ii) in subparagraph (C), by striking ``program'' and inserting ``programs''; (iii) in subparagraph (D), by striking ``program'' each place such term appears and inserting ``programs''; and (iv) in subparagraph (E), by striking ``program'' each place such term appears and inserting ``programs''; and (C) in paragraph (5) of subsection (g)-- (i) by striking ``to carry out this section''; and (ii) by inserting ``to carry out the demonstration program described in subsection (b)(2)'' after ``succeeding fiscal years''. SEC. 3. LOAN FORGIVENESS ENTITLEMENT PROGRAM. Subsection (b) of section 428J of the Act (20 U.S.C. 1078-10(b)) is further amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Entitlement program.--(A) The Secretary, in consultation with the Secretary of Health and Human Services, shall assume the obligation to repay, and repay, a loan made, insured or guaranteed under this part (excluding loans made under sections 428A, 428B, or 428C) for any borrower having an application approved under subsection (e) who agrees in writing to volunteer for service under the Peace Corps Act or under the Domestic Volunteer Service Act of 1973, or to perform comparable service as a full-time employee of an organization which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, if the borrower does not receive compensation which exceeds the greater of-- ``(i) the minimum wage rate described in section 6 of the Fair Labor Standards Act of 1938; or ``(ii) an amount equal to 100 percent of the poverty line for a family of two (as defined in section 673(2) of the Community Services Block Grant Act. ``(B) Entitlement provisions.--Each borrower described in subparagraph (A) having an application approved under subsection (e) shall be entitled to receive loan repayment in accordance with the provisions of this section. Each such borrower shall be deemed to have a contractual right, as against the United States, to receive from the Secretary such loan repayment.''. SEC. 4. NUMBER OF LOANS WHICH MAY BE FORGIVEN; LOAN REPAYMENT. Subsection (c) of section 428J of the Act (20 U.S.C. 1078-10(c)) is amended-- (1) in the heading for paragraph (1), by striking ``In general'' and inserting ``Demonstration program''; (2) in the matter preceding subparagraph (A) of paragraph (1), by striking ``The Secretary'' and inserting ``In the case of individuals described in subparagraphs (A) and (B) of subsection (b)(1), the Secretary''; (3) in subparagraph (A) of paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (b)(1)''; (4) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (5) by inserting after paragraph (1) the following new paragraph: ``(1) Entitlement program.--In the case of individuals described in subsection (b)(2)(A), the Secretary shall assume the obligation to repay-- ``(A) 15 percent of the total amount of Stafford loans incurred by the student borrower for the first academic year in which such borrower meets the requirements described in subsection (b)(2)(A); ``(B) 20 percent of such total amount for such second academic year; ``(C) 25 percent of such total amount for such third academic year; and ``(D) 30 percent of such total amount for such fourth academic year.''. SEC. 5. LOAN CANCELLATION APPLICABILITY FOR PERKINS LOAN BORROWERS WHO PERFORM NATIONAL SERVICE. Section 465(a)(2) of the Act (20 U.S.C. 1087ee(a)(2)) is amended-- (1) by striking ``or'' at the end of subparagraph (H); (2) by striking the period at the end of subparagraph (I) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(J) as a full-time volunteer under the Peace Corps Act or under the Domestic Volunteer Service Act of 1973, or for comparable service as a full-time employee of an organization which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, if the borrower does not receive compensation which exceeds the greater of-- ``(i) the minimum wage rate described in section 6 of the Fair Labor Standards Act of 1938; or ``(ii) an amount equal to 100 percent of the poverty line for a family of two (as defined in section 673(2) of the Community Service Block Grant Act).''.

National Service Implementation Act of 1993 - Amends the Higher Education Act of 1965 (HEA) to revise, expand, and accelerate implementation of loan forgiveness incentives for student borrowers who perform certain full-time, low-paid national community service (as a volunteer under the Peace Corps Act or the Domestic Volunteer Service Act of 1973, or comparable service with a tax-exempt organization). Establishes a loan forgiveness entitlement program for such borrowers under the Federal Family Education Loans (FFEL) program (formerly known as the guaranteed student loan or Stafford loan program). (Makes a current demonstration program for FFEL forgiveness for certain teachers and nurses inapplicable to such borrowers.) Makes such entitlement program applicable to such borrowers whether their borrowing occurred before or after the beginning of such program, and provides that such forgiveness shall be for an increasing portion of the total of Stafford (or FFEL) loans for the four academic years (15 percent for the first, 20 for the second, 25 for the third, and 30 for the fourth). Makes Perkins direct student loan cancellation provisions applicable to Perkins direct loan borrowers who perform the same full-time, low-paid national community service.

National Service Implementation Act of 1993

entitled ``Joint Resolution increasing the statutory limit on the public debt'' (Public Law 111- 139; 31 U.S.C. 712 note) is amended to read as follows: ``SEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF UNNECESSARILY DUPLICATIVE GOVERNMENT PROGRAMS. ``(a) In General.--The Comptroller General of the United States shall-- ``(1) conduct routine investigations to identify programs, agencies, offices, and initiatives with unnecessarily duplicative goals and activities within departments and agencies and Governmentwide; and ``(2) submit to Congress an annual report on the findings of the investigations under paragraph (1). ``(b) Contents of Reports.--Reports submitted under subsection (a)(2) shall, to the extent possible-- ``(1) include-- ``(A) information from available reports estimating the cost of unnecessary duplication identified under subsection (a)(1); and ``(B) recommendations for consolidation, coordination, and elimination to reduce unnecessary duplication, which shall identify specific rescissions; and ``(2) aggregate separately-- ``(A) estimates of related costs reported by the Comptroller General for instances of actual and potential unnecessary duplication; and ``(B) estimates of other potential cost savings and revenue collection reported by the Comptroller General during the period covered by the report.''. SEC. 4. IMPROVEMENTS TO ELIMINATION OF UNNECESSARY DUPLICATION. (a) Systematic Agency Review of Operations.--Section 305(c) of title 5, United States Code, is amended-- (1) in paragraph (1), by inserting ``, and ways in which the agency might improve its performance toward its mission'' before the semicolon; (2) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (3) by inserting after paragraph (1) the following: ``(2) informing the processes of the agency for learning and decisionmaking; ``(3) assessing potential opportunities to improve coordination within the agency and with other agencies, and to address actual and potential unnecessary duplication;''; and (4) in paragraph (5), as so redesignated, by inserting ``and performance toward achieving the mission of the agency'' before the period. (b) Chief Operating Officers.--Section 1123(b) of title 31, United States Code, is amended-- (1) in paragraph (1)-- (A) by inserting ``evaluation,'' after ``measurement,''; and (B) by inserting ``risk management,'' after ``progress,''; (2) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (3) by inserting after paragraph (1) the following: ``(2) address crosscutting program and management issues, including opportunities to improve coordination and address unnecessary duplication, within and external to the agency using an enterprise risk management approach;''; (4) in paragraph (4), as so redesignated, by inserting ``of mission-oriented components and units and mission support'' after ``management''; and (5) in paragraph (5), as so redesignated-- (A) by striking ``such as the Chief'' and inserting the following: ``such as-- ``(A) the heads of mission-related components and units at the agency and the major components of the agency; and ``(B) the Chief''. (B) by striking ``other line of business'' and all that follows and inserting ``heads of mission support functions at the agency and at the major components of the agency.''. (c) Federal Government and Agency Performance Plans.--Section 1115 of title 31, United States Code, is amended-- (1) in subsection (a)(6), by inserting ``, including actual or potential unnecessary duplication,'' after ``crosscutting in nature''; (2) in subsection (b)(9), in the matter preceding subparagraph (A), by inserting ``, including actual or potential unnecessary duplication,'' after ``agency faces''; and (3) in subsection (h)-- (A) by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively; (B) by inserting after paragraph (4) the following: ``(5) `enterprise risk management' means the processes that are used to address the full spectrum of risks across multiple programs and organizations that are located within a larger entity or initiative, placing the risks into an integrated and interrelated portfolio, and prioritizing their mitigation;''; (C) in paragraph (12), as so redesignated, by striking ``and'' at the end; (D) in paragraph (13), as so redesignated, by striking the period and inserting a semicolon; and (E) by adding at the end the following: ``(14) `risk' means the possibility of-- ``(A) an adverse event or phenomenon occurring; or ``(B) a beneficial opportunity remaining unexploited; and ``(15) `risk management' means the processes that are used to identify, assess, prioritize, monitor, mitigate, and report on risks to achieving the missions, goals, and objectives of a department, agency, or program, or group thereof, using resources and processes appropriate to the nature of the risks and resources available.''. (d) Federal Government and Agency Priority Goals.--Section 1120 of title 31, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)(B)-- (i) in the matter preceding clause (i), by inserting ``and mission support'' after ``management''; and (ii) in clause (v), by striking the semicolon and inserting a period; and (B) in paragraph (3)-- (i) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii) and adjusting the margin accordingly; (ii) by striking ``shall consult'' and inserting the following: ``shall-- ``(A) consider recommendations of the Government Accountability Office in-- ``(i) the annual report submitted under section 21 of the Joint Resolution entitled `Joint Resolution increasing the statutory limit on the public debt' (Public Law 111-139; 31 U.S.C. 712 note); or ``(ii) the High Risk list; and ``(B) consult''; and (iii) in subparagraph (B)(vii), as so redesignated, by striking the semicolon and inserting a period; and (2) in subsection (b)(1)(A), by inserting ``biennial'' before ``consultations''. (e) Performance Improvement Officers and the Performance Improvement Council.--Section 1124 of title 31, United States Code, is amended-- (1) in subsection (a)(2)(A)-- (A) by inserting ``, in collaboration with heads of agency components and mission support functions,'' after ``Officer''; (B) by inserting ``evaluation,'' after ``measurement,''; and (C) by inserting ``risk management,'' after ``progress,''; and (2) in subsection (b)(2)-- (A) in subparagraph (D), by inserting ``including issues relating to coordination and unnecessary duplication,'' after ``issues,''; (B) in subparagraph (E), by inserting ``and with non-Federal stakeholders, including States and local governments,'' after ``exchange among agencies''; (C) in subparagraph (F), by inserting ``and mission support'' after ``management''; (D) in subparagraph (I), by striking ``and'' at the end; (E) in subparagraph (J), by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following: ``(K) establish a public website; and ``(L) place annually and archive on the website a detailed annual report describing the Performance Improvement Council's-- ``(i) structure (including any committees or task forces); ``(ii) budget and relevant sources of funds; ``(iii) staffing, on a full-time equivalent basis (including an accounting of details from agencies); and ``(iv) past, current, and planned activities.''. (f) Elimination of Unnecessary Agency Reporting.--Section 1125(a)(1) of title 31, United States Code, is amended by striking ``reports;'' and inserting the following: ``reports, and place the list on a public website, which shall include, for each plan or report-- ``(A) a citation to the relevant statutory requirement or direction in a congressional report; and ``(B) an indication of whether and how the agency is complying with the requirement to produce the plan or report, including a citation to the means through which the agency submits the plan or report;''. (g) Agency Reports.--Section 720(b) of title 31, United States Code, is amended, in the matter preceding paragraph (1), by inserting ``, including the annual report on unnecessarily duplicative goals and activities within departments and governmentwide required under section 21 of the joint resolution entitled `A joint resolution increasing the statutory limit on the public debt' (Public Law 111-139; 31 U.S.C. 712 note) and the High Risk list of the Government Accountability Office,'' after ``makes a report''.

Getting Results through Enhanced Accountability and Transparency Act of 2016 (Sec. 3) This bill requires that the Government Accountability Office's (GAO's) annual report on its routine investigations to identify programs, agencies, offices, and initiatives with unnecessarily duplicative goals and activities aggregate separately estimates of related costs for instances of actual and potential unnecessary duplication and other potential cost savings and revenue collection. (Sec. 4) When executive agencies (with certain exceptions) conduct their systemic review of operations on a continuing basis, the purpose of their reviews must include: (1) improving agency performance toward their mission, (2) informing learning and decision-making processes, (3) assessing opportunities to improve coordination within the agency and with other agencies, and (4) identifying employees who cause their units to be outstanding toward achieving the agency's mission. Chief operating officers' responsibilities are expanded to include: (1) improving evaluation and risk management; (2) addressing crosscutting program and management issues, including opportunities to improve coordination and address unnecessary duplication, using an enterprise risk management approach; (3) overseeing agency-specific efforts to improve management of mission-oriented components and units; and (4) coordinating with mission-related components, units, and support functions at their agency and the major components of their agency. The Office of Management and Budget's (OMB's) federal government performance plan submitted with each budget must provide plans to address management challenges concerning unnecessary duplication. Agency performance plans for each program activity set forth in the budget must include planned actions and performance goals for resolving such challenges. The OMB's federal government priority goals must include mission support for financial, human capital, information technology, procurement, and real estate management. The OMB must consider GAO recommendations when developing or adjusting such goals. Performance improvement officers must collaborate with the heads of agency components and mission support functions when they advise on strategic planning. Their advice must include performance evaluation and risk management. The Performance Improvement Council's (PIC's) functions are expanded to include: (1) resolving government-wide issues relating to coordination and unnecessary duplication; (2) facilitating the exchange of performance improvement practices with state and local governments and other nonfederal stakeholders; and (3) coordinating with interagency mission support councils. PIC must also publish annual reports describing its structure, budgets, funding, staffing, and activities. The chief operating officers of agencies must publish all of the plans and reports produced for Congress with citations to the relevant statutory requirements. Agencies must submit to Congress statements regarding the actions they have taken in response to recommendations in the GAO's: (1) annual report on unnecessarily duplicative goals and activities; and (2) High Risk list of fraud, waste, abuse, and mismanagement.

Getting Results through Enhanced Accountability and Transparency Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Housing Market Enhancement Act''. SEC. 2. PROHIBITION OF FEDERAL FUNDS FOR HOUSING-RELATED GOVERNMENT- SPONSORED ENTERPRISES. Notwithstanding any other provision of law, no Federal funds may be provided, directly or indirectly, to the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or any Federal Home Loan Bank. SEC. 3. AMENDMENTS TO FEDERAL NATIONAL MORTGAGE ASSOCIATION CHARTER ACT. (a) Exemption From State Taxation.--Section 309(c) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723a(c)) is amended-- (1) by striking paragraph (2); and (2) by striking ``(1)''. (b) Authority of Treasury To Approve Debt Issues.--Section 304(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(b)) is amended-- (1) by striking ``, upon the approval of the Secretary of the Treasury,''; and (2) by striking ``with the approval of the Secretary of the Treasury''. (c) Authority To Borrow From Treasury.--Section 304 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719) is amended by striking subsection (c). (d) Depositary Authority.--Section 309(g) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723a(g)) is amended-- (1) by striking ``each of the bodies corporate named in section 302(a)(2)'' and inserting ``the Association''; and (2) by striking ``such bodies corporate'' and inserting ``the bodies corporate named in section 302(a)(2)''. (e) Designation of Obligations as Lawful Investments.--The first sentence of section 311 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723c) is amended by striking ``either of the bodies corporate named in section 302(a)(2)'' and inserting ``the Association''. (f) Appointment of Members of Board of Directors.-- (1) In general.--Section 308(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723(b)) is amended-- (A) in the first sentence, by striking ``five of whom shall be appointed annually by the President of the United States, and the remainder of whom'' and inserting ``who''; (B) in the second sentence, by striking ``appointed by the President''; (C) in the third sentence-- (i) by striking ``appointed or''; and (ii) by striking ``, except that any such appointed member may be removed from office by the President for good cause''; (D) in the fourth sentence, by striking ``elective''; and (E) by striking the fifth sentence. (2) Applicability.--The amendments made by paragraph (1) shall apply only with respect to the first election of members of the board of directors of the Federal National Mortgage Association occurring after the date of the enactment of this Act, and the board resulting from such election, and to elections and boards thereafter. SEC. 4. AMENDMENTS TO FEDERAL HOME LOAN MORTGAGE CORPORATION. (a) Exemption From State Taxation.--Section 303 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452) is amended by striking subsection (e). (b) Authority of Treasury To Approve Debt Issues.--Section 306(j) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1455(j)) is amended-- (1) by striking ``(1)''; (2) by striking ``be issued upon the approval of the Secretary of the Treasury and shall''; (3) by striking ``with the approval of the Secretary of the Treasury''; and (4) by striking paragraphs (2) and (3). (c) Authority To Borrow From Treasury.--Section 306 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1455) is amended by striking subsection (c). (d) Depositary Authority.--Section 303(d) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452(d)) is amended by striking the second and third sentences. (e) Designation of Obligations as Lawful Investments.--Section 303 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452) is amended by striking subsection (g). (f) Appointment of Members of Board of Directors.-- (1) In general.--Section 303(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452(a)(2)) is amended-- (A) in subparagraph (A)-- (i) in the first sentence, by striking ``5 of whom shall be appointed annually by the President of the United States and the remainder of whom'' and inserting ``who''; and (ii) in the second sentence, by striking ``appointed by the President of the United States''; (B) in subparagraph (B)-- (i) by striking ``such or''; and (ii) by striking ``, except that any appointed member may be removed from office by the President for good cause''; and (C) in subparagraph (C)-- (i) by striking the first sentence; and (ii) by striking ``elective''. (2) Applicability.--The amendments made by paragraph (1) shall apply only with respect to the first election of members of the Board of Directors of the Federal Home Loan Mortgage Corporation occurring after the date of the enactment of this Act, and the Board resulting from such election, and to elections and Boards thereafter. SEC. 5. AMENDMENTS TO FEDERAL HOME LOAN BANKS. (a) Exemption From State Taxation.-- (1) Notes and obligations.--The first sentence of section 13 of the Federal Home Loan Bank Act (12 U.S.C. 1433) is amended by striking ``, by any Territory,'' and all that follows through ``local taxing authority''. (2) Banks.--The second sentence of section 13 of the Federal Home Loan Bank Act (12 U.S.C. 1433) is amended by striking ``, by any Territory,'' and all that follows through ``taxed''. (b) Authority To Borrow From Treasury.--Section 11 of the Federal Home Loan Bank Act (12 U.S.C. 1431) is amended by striking subsection (i). (c) Depositary Authority.--The Federal Home Loan Bank Act is amended-- (1) by striking section 14 (12 U.S.C. 1434); and (2) in section 15 (12 U.S.C. 1435), by striking the second sentence. (d) Designation of Obligations as Lawful Investments.--Section 15 of the Federal Home Loan Bank Act (12 U.S.C. 1435), as amended by subsection (c)(2) of this section, is further amended by striking the first sentence. SEC. 6. PROHIBITION OF FEDERAL RESERVE PURCHASE OF GSE DEBT. Section 14(b)(2) of the Federal Reserve Act (12 U.S.C. 355(2)) is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding at the end the following new subparagraph: ``(B) For purposes of this subsection, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Home Loan Banks shall not be considered agencies of the United States.''. SEC. 7. REPEAL OF ELIGIBILITY OF GSE OBLIGATIONS FOR UNLIMITED INVESTMENTS. (a) National Banks.--Section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended in the sixth sentence of the paragraph designated ``Seventh''-- (1) by striking ``or the Federal Home Loan Banks''; (2) by striking ``the Federal National Mortgage Association or''; and (3) by striking ``or mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or 306 of the Federal Home Loan Mortgage Corporation Act''. (b) Federally Chartered Thrifts.--Section 5(c)(1) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(1)) is amended-- (1) by striking subparagraphs (D) and (E); (2) in subparagraph (F), by striking ``the Federal National Mortgage Association,''; (3) in subparagraph (M), by striking ``or a Federal home loan bank''; and (4) by redesignating subparagraphs (F) through (U) as subparagraphs (D) through (S), respectively. (c) Credit Unions.--Section 107(7)(E) of the Federal Credit Union Act (12 U.S.C. 1757(7)(E)) is amended-- (1) by striking ``Federal home loan banks, the Federal Home Loan Bank Board,''; (2) by striking ``the Federal National Mortgage Association or''; and (3) by striking ``or in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act;''.

Free Housing Market Enhancement Act - Prohibits providing Federal funds to the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), or any Federal Home Loan bank (Such entities are referred to as government sponsored enterprises, or GSEs.)Amends the Federal National Mortgage Association Charter Act ( Fannie Mae) and the Federal Home Loan Mortgage Corporation Act (Freddie Mac) to repeal: (1) the State tax exemption; (2) the requirement that the Treasury approve debt issues; (3) Treasury authority to purchase Fannie Mae/Freddie Mac obligations; (4) depositary authority; and (5) the designation of obligations as lawful investments.Amends the Federal Home Loan Bank Act to repeal: (1) the State tax exemption; (2) Treasury authority to purchase bank obligations; (3) depositary authority; and (4) the designation of obligations as lawful investments.Amends the Federal Reserve Act to prohibit Federal Reserve purchase of GSE debt.Repeals the eligibility of GSE obligations for unlimited investment by national banks, federally chartered thrifts, and credit unions.

To prohibit the provision of Federal funds to the housing-related government-sponsored enterprises and to remove certain competitive advantages granted under law to such enterprises.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Aid to Older Americans Act''. SEC. 2. AMENDMENT TO OLDER AMERICANS ACT OF 1965. Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034 et seq.) is amended by adding at the end the following: ``SEC. 429K. GRANTS FOR STATE PHARMACY ASSISTANCE PROGRAMS. ``(a) Program Authorized.--The Assistant Secretary may award grants to States to provide and administer State pharmacy assistance programs. ``(b) Preference.--In awarding grants under subsection (a), the Assistant Secretary shall give preference to States that propose to develop and implement State pharmacy assistance programs, or to provide assistance to State pharmacy assistance programs in existence on the date of enactment of this section, that provide services for underserved populations or for populations residing in rural areas. ``(c) Use of Funds.--A State that receives a grant under subsection (a) shall use funds made available through the grant to-- ``(1) develop and implement a State pharmacy assistance program, or to provide assistance to a State pharmacy assistance program in existence on the date of enactment of this section; and ``(2) prepare and submit an evaluation to the Assistant Secretary on the implementation of, or provision of, or assistance to a program described in paragraph (1). ``(d) Application.--To be eligible to receive a grant under subsection (a), a State shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may require, including-- ``(1) a description of a State pharmacy assistance program that such State plans to develop and implement, including information on the anticipated number of individuals to be served, eligibility criteria of individuals to be served, such as the age and income level of such individuals, drugs to be covered by the program, and performance measures to be used to evaluate the program; or ``(2) a description of a State pharmacy assistance program in existence on the date of enactment of this section that such State plans to assist with funds received under subsection (a), including information on the number of individuals served, eligibility criteria of individuals served, such as the age and income level of such individuals, drugs covered by the program, and performance measures used to evaluate the program. ``(e) Minimum Amount.--In awarding grants under subsection (a), from the amount appropriated under subsection (l)(1) for each fiscal year, the Assistant Secretary shall award, to each eligible State, an amount that is not less than $250,000. ``(f) Duration of Grant.--In awarding grants under subsection (a), the Assistant Secretary shall award such grants for periods of 2 years. ``(g) Matching Requirement.--The Assistant Secretary shall not award a grant to a State under subsection (a) unless that State agrees that, with respect to the costs to be incurred by the State in carrying out the program for which the grant was awarded, the State will make available (directly or through donations from public or private entities) non-Federal contributions in an amount that is not less than 30 percent of Federal funds provided under the grant. ``(h) Supplement Not Supplant.--Funds made available under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds expended by a State to provide the services for programs described in this section. ``(i) Evaluations and Report.-- ``(1) Program evaluations.--Not later than 6 months after the end of the period for which the grant is awarded under subsection (a), the State shall prepare an evaluation of the effectiveness of programs carried out with funds received under this section. Not later than 6 months after the end of such period, the State shall submit to the Assistant Secretary a report containing the results of the evaluation, in such form and containing such information as the Assistant Secretary may require. ``(2) Report to congress.--Not later than 36 months after the date of enactment of this section, the Assistant Secretary shall prepare and submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that describes the effectiveness of the programs carried out with funds received under this section. ``(j) Sunset Provision.--This section shall not apply beginning on the date of enactment of legislation that provides comprehensive health care coverage for prescription drugs under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for all medicare beneficiaries. ``(k) Definitions.--In this section: ``(1) Medication management.--The term `medication management program' means a program of services for older individuals, including pharmacy counseling, medicine screening, or patient and health care provider education programs, that-- ``(A) provides information and counseling on the prescription drug purchases that are currently the most economical, and safe and effective; ``(B) provides services to minimize unnecessary or inappropriate use of prescription drugs; and ``(C) provides services to minimize adverse events due to unintended prescription drug-to-drug interactions. ``(2) State pharmacy assistance programs.--The term `State pharmacy assistance program' means a program that provides coverage for prescription drugs and medication management programs for individuals who-- ``(A) are not less than 65 years of age; ``(B) are not eligible for medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); ``(C) are from families with incomes at or below 200 percent of the poverty line; and ``(D) have no coverage for prescription drugs other than coverage provided by a State pharmacy assistance program. ``(l) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section, $25,000,000 for fiscal year 2001, and such sums as may be necessary for each of fiscal years 2002 through 2005. ``(2) Reservation.--From the amount appropriated under paragraph (1), for each fiscal year, the Assistant Secretary shall reserve not less than 33.3 percent of such amount to enable States to assist State pharmacy assistance programs in existence on the date of enactment of this section. ``SEC. 429L. GRANTS FOR MEDICATION MANAGEMENT PROGRAMS. ``(a) Program Authorized.--The Assistant Secretary may award grants to State agencies to assist such agencies or area agencies on aging in providing and administering medication management programs. ``(b) Use of Funds.--A State agency or area agency on aging that receives funds through a grant awarded under subsection (a) shall use such funds to-- ``(1) develop and implement a medication management program, or to provide assistance to a medication management program in existence on the date of enactment of this section; and ``(2) prepare an evaluation on the implementation of or provision of assistance to a program described in paragraph (1), and, in the case of an area agency on aging, submit the evaluation to the appropriate State agency. ``(c) Application.--To be eligible to receive a grant under subsection (a), a State agency shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may require. ``(d) Minimum Amount.--In awarding grants under subsection (a), from the amount appropriated under subsection (j) for each fiscal year, the Assistant Secretary shall award, to each eligible State agency, an amount that is not less than $50,000. ``(e) Duration of Grant.--In awarding grants under subsection (a), the Assistant Secretary shall award such grants for a period of 2 years. ``(f) Matching Requirement.--The Assistant Secretary shall not award a grant to a State agency under subsection (a) unless that State agency agrees that, with respect to the costs to be incurred in carrying out programs for which the grant was awarded, the State agency will make available (directly or through donations from public or private entities) non-Federal contributions in an amount that is not less than 30 percent of Federal funds provided under the grant. ``(g) Supplement Not Supplant.--Funds made available under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds expended by a State agency or area agency on aging to provide the services for programs described in this section. ``(h) Reports.-- ``(1) Report to assistant secretary.--Not later than 24 months after receipt of a grant under subsection (a), a State agency shall prepare and submit to the Assistant Secretary a report on the medication management programs carried out by the State agency or area agencies on aging in the State in such form and containing such information as the Assistant Secretary may require, including an analysis of the effectiveness of the programs. Such report shall in part be based on evaluations submitted under subsection (b)(2). ``(2) Report to congress.--Not later than 36 months after grants have been awarded under subsection (a), the Assistant Secretary shall prepare and submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that describes the effectiveness of the programs carried out with funds received under this section. ``(i) Medication Management Programs.--In this section, the term `medication management program' means a program of services for older individuals, including pharmacy counseling, medicine screening, or patient and health care provider education programs, that-- ``(1) provides information and counseling on the prescription drug purchases that are currently the most economical, and safe and effective; ``(2) provides services to minimize unnecessary or inappropriate use of prescription drugs; and ``(3) provides services to minimize adverse events due to unintended prescription drug-to-drug interactions. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2001, and such sums as may be necessary for each of fiscal years 2002 through 2005.''.

Authorizes the Assistant Secretary to award grants to State agencies to assist such agencies or area agencies in providing and administering medication management programs ( pharmacy counseling, medicine screening, or patient or health care provider education programs for older individuals). Requires at least $50,000 to be awarded to each eligible grant State and limits grant periods to two years. Requires at least 30 percent non-Federal matching funds. Requires each State to prepare and submit to the Assistant Secretary an evaluation of the effectiveness of its pharmacy assistance programs and its medication management programs. Requires follow-up reports from the Assistant Secretary to Congress. Authorizes appropriations for FY 2001 through 2005.

Pharmaceutical Aid to Older Americans Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Ensure Life- and Limb-saving access to Podiatric Physicians Act'' or the ``HELLPP Act''. SEC. 2. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1905(a)(5)(A) of the Social Security Act (42 U.S.C. 1396d(a)(5)(A)) is amended by striking ``section 1861(r)(1)'' and inserting ``paragraphs (1) and (3) of section 1861(r)''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2018. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. SEC. 3. CLARIFYING MEDICARE DOCUMENTATION REQUIREMENTS FOR THERAPEUTIC SHOES FOR PERSONS WITH DIABETES. (a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. 1395x(s)(12)) is amended to read as follows: ``(12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes with inserts (in this paragraph referred to as `therapeutic shoes') for an individual with diabetes, if-- ``(A) the physician who is managing the individual's diabetic condition-- ``(i) documents that the individual has diabetes; ``(ii) certifies that the individual is under a comprehensive plan of care related to the individual's diabetic condition; and ``(iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have therapeutic shoes; ``(B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who-- ``(i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and ``(ii) communicates in writing the medical necessity to a certifying doctor of medicine or osteopathy for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre- ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and ``(C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier individual (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area);''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2018. (c) Rule of Construction.--Nothing in this section shall be construed as expanding Medicare coverage for therapeutic shoes for individuals with diabetes. SEC. 4. BUDGET SAVINGS: STRENGTHENING MEDICAID PROGRAM INTEGRITY THROUGH CONTINUOUS LEVY ON PAYMENTS TO MEDICAID PROVIDERS AND SUPPLIERS. (a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. (b) Effective Date.--The amendments made by this section shall apply to levies issued after the date of the enactment of this Act.

Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians Act or the HELLPP Act This bill adds podiatrists as covered physicians under the Medicaid program. Documentation requirements related to Medicare coverage of therapeutic shoes for individuals with diabetes are revised. The bill amends the Internal Revenue Code to subject payments made to a Medicaid provider or supplier to a continuing levy for federal taxes owed by the provider or supplier.

Helping Ensure Life- and Limb-saving access to Podiatric Physicians Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Employment and Forest Restoration Act of 2006''. SEC. 2. DEFINITIONS. In this section: (1) Northwest forest plan.--The term ``Northwest Forest Plan'' means the collection of documents issued in 1994 and entitled ``Final Supplemental Environmental Impact Statement and Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents within the Range of the Northern Spotted Owl'' and ``Standards and Guidelines for Management of Habitat for Late-Successional and Old-Growth Forest Related Species Within the Range of the Northern Spotted Owl''. (2) Emerging market.--The term ``emerging market'' means a new or developing market for small diameter and underutilized wood products, special forest products, and other restoration forestry by-products. (3) Forest health.--The term ``forest health'' refers to conditions that enable forested land-- (A) to be durable, resilient, and less prone to uncharacteristic wildfire, while supporting viable native species assemblages; or (B) to have, or to develop, historic species composition, function and structure, and hydrologic function. (4) Late-successional reserve.--The term ``late- successional reserve'' means land area designated as a ``late- successional reserve'' pursuant to the Northwest Forest Plan. (5) Low-impact equipment.--The term ``low-impact equipment'' means any device used in silviculture for restorative, maintenance, or extraction purposes that minimizes or eliminates impacts to soils and other resources. (6) Old growth.--The term ``old growth'' means late- successional and mature multi-storied conifer forest stands, generally more than 120 years old as of the date of the enactment of this Act, that provide, or are likely to provide, complex habitat for associated species assemblages. (7) Rural and rural area.--The terms ``rural'' and ``rural area'' mean the area of a State not located within a city or town that has a population of 50,000 or more inhabitants, as defined by the Bureau of the Census using the latest decennial census of the United States. (8) Value-added.--The term ``value-added'' means the additional processing of a product to increase its economic value and to create additional jobs and benefits where the processing is carried out. (9) Young managed stands.--The term ``young managed stand'' means a stand of trees where the overstory has been mechanically removed and the stand has been artificially regenerated. SEC. 3. FINDINGS. Congress finds the following: (1) The Northwest Forest Plan can be better implemented, and the forests within its boundaries can be better managed. Better implementation, management, and funding could significantly improve protection for native forest ecosystems and wildlife, produce more desirable forest conditions, and substantially increase sustainable timber production and economic opportunities for rural areas. (2) Regeneration logging of old-growth forests diminishes biodiversity and habitat for rare, threatened, and endangered species, and generally makes forests less healthy, resilient, and durable. Old-growth logging creates intense public controversy that has prevented attainment of the social and economic goals of the Northwest Forest Plan. Thinning in younger previously managed forests, and even some dense mature stands, on the contrary, can help recover habitat, reduce controversy, create certainty and stability in wood fiber production, and produce desirable forests. (3) To improve habitat, create more desirable forest conditions, and capture future commodity production potential, the Forest Service and Bureau of Land Management should implement an accelerated thinning regime across a wide landscape, primarily in young managed stands, and fire suppressed stands at risk of uncharacteristically severe disturbance. (4) There are vast unmet thinning needs across the range of the Northwest Forest Plan. Currently there are over one million acres of young managed stands designated as Late-Successional Reserves within the range of the Northwest Forest Plan that need immediate thinning, or will need thinning in the near future. There are approximately one million acres of young managed stands designated as matrix that are also in immediate need of thinning, or will need thinning in the near future. (5) The Forest Service estimates that thinning the millions of acres of young managed stands in Oregon and Washington could produce well over 6 billion board-feet of commercial timber over the next two decades. In addition, aggressive thinning in drier forests could produce many tons of non-commercial but usable wood fiber, in addition to commercial timber, as well as reduce fire risk and create more desirable forests by significantly increasing their resiliency and durability. (6) The timber industry within the range of the Northwest Forest Plan has largely re-tooled its existing mills to process the smaller-diameter commercial timber generated from thinning young managed stands and is much less dependent on large- diameter old-growth trees. In addition, one of the obstacles to economic success within the industry and many rural areas is access to a stable and sustainable supply of this smaller- diameter wood. (7) A program of intensive and accelerated thinning in young managed stands, and unhealthy fire-prone stands, could annually yield more than double the volume of commercial timber products over the current production from Federal lands under the Northwest Forest Plan. (8) The Olympic and Siuslaw National Forests represent 9 percent of the National Forest System land in Oregon and Washington under the Northwest Forest Plan, but in 2003 produced almost 20 percent of the volume in this area. The primary reason for the productivity of these two national forests is the absence of appeals and litigation due to local agency emphasis on thinning second-growth stands and the commitment of the Forest Service to, and participation in, locally-driven collaborative efforts. (9) The Siuslaw National Forest generates approximately 20 million board-feet annually, with the potential to generate 50 million board-feet, from second-growth stands, resulting in millions of dollars for additional restoration projects, other forest accounts, payments to local counties, and the Federal treasury. (10) The Gifford Pinchot National Forest was once the top producing forest in the State of Washington. Harvest dropped substantially, to approximately 2 million board-feet of timber per year, due to controversy over old-growth logging. Since shifting to an emphasis on thinning second-growth stands and collaborative restoration, the this national forest can now produce nearly 18 million board-feet of commercial timber annually with little controversy, appeals, or litigation. (11) Thinning young managed stands and restoring drier forests to a more resilient, durable condition could significantly contribute to improved forest health, water quality, wildlife and vegetation diversity, and the development of vital old-growth ecosystems. (12) Thinning young managed stands, the development of locally owned manufacturing, and increased access to existing and emerging markets could provide thousands of jobs and much- needed economic activity in depressed rural areas within the range of the Northwest Forest Plan. (13) Absent adequate protections for old-growth forest stands and associated species, the survey for old-growth dependent species and resulting management requirements are desirable and necessary management tools. However, it is unnecessary for the management of young managed stands and only impedes management to improve forest health. Absent commercial logging of old-growth stands within the range of the Northwest Forest Plan, it is no longer necessary to require surveys of old-growth dependent species. SEC. 4. MANAGEMENT DIRECTIVES. (a) Forest Health Projects; Prioritization.--Each Forest Service and Bureau of Land Management administrative unit containing land managed under the Northwest Forest Plan shall plan and implement projects to enhance the forest health of land managed by the administrative unit. The resources of the administrative unit shall be prioritized so that projects described in subsections (b) and (c) are planned for treatment, and treatment has begun of significant acreage, before planning of projects described in subsections (d) and (e) is commenced. (b) Enhancement of Late-Successional Forest Development.--The highest priority shall be given to projects involving variable density thinning treatments to enhance late-successional forest development in young managed stands. Projects shall avoid impacts to unstable slopes, and avoid disturbance to aquatic systems and soils. All projects shall comply with the management guidelines for late-successional reserves contained in the Northwest Forest Plan, except, notwithstanding the 80- year age limit for late-successional reserve management, active management to improve forest health in young managed stands may occur up to 120 years of age in a late-successional reserve. Appropriate thinning prescriptions for a late-successional reserve shall be site- specific to individual young managed stands, taking into account factors such as the slope aspect, soil type, hydrology, geomorphology, and vegetation composition of the site. (c) Improvement of Dry Forest Types With Historically Frequent Fire Events.--The second highest priority shall be given to projects to increase durability and resiliency in dry forest types with historically frequent fire. Projects shall create more desirable forest conditions by restoring durable forest structure and composition such that fires maintains rather than destroys old-growth features. Projects shall avoid impacts to unstable slopes, and avoid disturbance to aquatic systems and soils, and protect legacy features, including living and dead large overstory trees. Appropriate thinning prescriptions shall be site-specific to individual young managed stands, taking into account factors such as the slope aspect, soil type, hydrology, geomorphology, and vegetation composition of the site. (d) Testing of Innovative Management Techniques and Strategies.--An administrative unit may plan and implement silvicultural projects under this section that test new and innovative management techniques and strategies in adaptive management areas under the Northwest Forest Plan. Projects shall avoid impacts to unstable slopes, streams, and soils, as defined in the Northwest Forest Plan, as well as identified old growth forests. (e) Other Projects.--An administrative unit covered by this section shall not plan, advertise, contract, or implement any harvest of timber in an old-growth stand, except for noncommercial use, noncommercial purposes in an emergency situation, such as wildland fire-fighting, or to improve or protect forest health. Other projects may include any management activity allowed by the Northwest Forest Plan. (f) Survey and Manage.--The Forest Service and Bureau of Land Management shall not be required to implement surveys required in the 1994 Survey and Manage Record of Decision, as well as the 2001 and 2004 Records of Decision. Surveys may be performed by the Forest Service or Bureau of Land Management at their discretion. SEC. 5. RURAL EMPLOYMENT DIRECTIVES. (a) Best Value Contracting Criteria.--The Forest Service and Bureau of Land Management shall consider how they plan, package, and offer contracts and sales to restore young managed stands to achieve maximum employment in rural areas. In implementing projects, the Forest Service and Bureau of Land Management shall select a source for performance of a sale, contract, or agreement on a best value basis with consideration of one or more of the following: (1) Ability of the offeror to meet project ecological objectives and the sensitivity of the resources being treated. (2) The use of low-impact equipment or techniques that will minimize or eliminate impacts on soil. (3) The ability of the offeror to benefit local economies through the retention or creation of employment or training opportunities in performing the restorative treatments. (4) The ability of the offeror to ensure that wood and other by-products are processed locally and contribute to the development of value-added products for an existing market or emerging market. (b) Retention and Creation of Jobs in Rural Areas.--In awarding a Federal contract for projects described in section 4, the Forest Service and Bureau of Land Management, in evaluating bids and proposals, shall give consideration to local contractors who are from, or who provide employment or training for workers in, an economically disadvantaged rural area, including those historically timber-dependent areas that have been affected by reduced timber harvesting on Federal lands and other forest-dependent rural areas isolated from significant alternative employment opportunities. SEC. 6. PREPARATION OF PROGRAMMATIC ENVIRONMENTAL DOCUMENTATION. (a) NEPA Documentation.--Each Forest Service and Bureau of Land Management administrative unit containing land managed under the Northwest Forest Plan may prepare programmatic environmental documentation pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) at the appropriate scale (District, watershed, or subwatershed) to study the significant environmental effects of the major Federal actions contemplated in projects authorized by section 4. (b) Elimination of Repetitive Discussions of Issues.--If programmatic environmental documentation is prepared under subsection (a), the Forest Service or Bureau of Land Management administrative unit may eliminate repetitive discussions of the same issues and focus on the actual issues ripe for decision at subsequent levels of environmental review. Subsequent levels of environmental review may tier to the programmatic environmental document by summarizing the issues discussed in the broader statement and incorporate discussions from the broader statement by reference. SEC. 7. IMPLEMENTATION REQUIREMENTS AND AUTHORIZATION OF APPROPRIATIONS. (a) Relation to Northwest Forest Plan.--This Act is intended to supplement the requirements of the Northwest Forest Plan. Except as provided in section 4, all projects on land managed under the Northwest Forest Plan shall be planned and implemented in compliance with the Northwest Forest Plan and all other applicable laws. (b) Authorization of Appropriations.--There are authorized to be appropriated $50,000,000 for each fiscal year to plan and implement projects under section 4. Amounts appropriated pursuant to this authorization of appropriation shall remain available until expended. This authorization of appropriations is in addition to any other authorization of appropriations for the Forest Service or the Bureau of Land Management. (c) Treatment of Proceeds From Certain Projects.-- (1) Retained proceeds.--Subject to paragraph (2), an administrative unit of the Forest Service or the Bureau of Land Management may retain proceeds from the sale of commercial timber resulting from a project described in section 4(b) for use in planning and implementing other projects under such section and other projects to improve forest health of land managed under the Northwest Forest Plan. (2) Relation to other forest receipt laws.--Nothing in this Act shall affect deposits to the Knudsen-Vanderburg Reforestation Trust Fund established under section 3 of the Act of June 9, 1930 (16 U.S.C. 576b), the requirement to make payments to States or counties under any provision of law, or other obligations related to receipts obtained from the sale of forest products from Federal land.

Rural Employment and Forest Restoration Act of 2006 - Requires each Forest Service and Bureau of Land Management (BLM) administrative unit containing land managed under the Northwest Forest Plan to plan and implement projects to enhance the forest health of land managed by such administrative unit. Requires the resources of such administrative units to be prioritized so that the projects described in this Act are planned for treatment, and treatment has begun of significant acreage, before planning other projects. Sets forth priorities for such projects. Prohibits such administrative units from planning, advertising, contracting or implementing any harvest of timber in an old growth stand, except for noncommercial use or noncommercial purposes in an emergency situation. Directs the Forest Service and BLM to: (1) consider how they plan, package, and offer contracts and sales to restore young managed stands to achieve maximum employment in rural areas; and (2) in awarding a federal contract for projects to enhance the forest health of land managed by such administrative units and in evaluating bids and proposals, consider local contractors who provide employment or training for workers in an economically disadvantaged rural area. Allows such administrative units to prepare programmatic environmental documentation pursuant to the National Environmental Policy Act of 1969 to study the significant environmental effects of the major federal actions contemplated in projects authorized by this Act.

To establish management priorities for Federal forest lands in Oregon and Washington covered by the Northwest Forest Plan that will protect old growth timber while improving the health of young managed stands, increasing the volume of commercial timber available from these lands, and providing economic opportunities in rural areas, and for other purposes.

SECTION 1. FRUIT AND VEGETABLE PILOT PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (g) and inserting the following: ``(g) Fruit and Vegetable Pilot Program.-- ``(1) In general.--For each of the school years beginning July 2003, July 2004, July 2005, July 2006, and July 2007 the Secretary shall carry out a pilot program to make free fresh and dried fruits and free fresh vegetables available, throughout the school day in 1 or more areas designated by the school, to-- ``(A) students in the 25 elementary or secondary schools in each of the 4 States, and in the elementary or secondary schools on the reservation, authorized to participate in the program under this subsection (as in effect on the day before the date of enactment of this subparagraph); ``(B) to the maximum extent practicable, an additional 10,000 students in each State authorized to participate in the program under this subsection (as in effect on the day before the enactment of the this subparagraph); ``(C) to the maximum extent practicable, 20,000 students enrolled in schools in each of the States not participating in the program under this subsection on the day before the date of enactment of this subparagraph, as selected by the Secretary; and ``(D) to the maximum extent practicable, 20,000 students enrolled in schools operated by tribal organizations. ``(2) Selection of schools.-- ``(A) In general.--In selecting schools to participate in the pilot program, the Secretary shall-- ``(i) to the maximum extent practicable, ensure that not less than 75 percent of students selected are from schools in which not less than 50 percent of students are eligible for free or reduced price meals under this Act; ``(ii) solicit applications from interested schools that include-- ``(I) information pertaining to the percentage of students enrolled in the school submitting the application who are eligible for free or reduced price school lunches under this Act; ``(II) a certification of support for participation in the pilot program signed by the school food manager, the school principal, and the district superintendent (or their equivalent positions, as determined by the school); and ``(III) such other information as may be requested by the Secretary; and ``(iii) for each application received, determine whether the application is from a school in which not less than 50 percent of students are eligible for free or reduced price meals under this Act. ``(B) Lottery.-- ``(i) Schools with substantial free or reduced price meal eligibility.--Subject to clauses (iii) and (iv), the Secretary shall randomly select, from among the schools in a participating State determined under subparagraph (A)(iii) to have at least 50 percent of students eligible for free or reduced price meals under this Act, schools to participate in the program under this subsection so as to ensure, to the maximum extent practicable, that the aggregate number of students represented by those schools in the State meets the requirements of this subsection. ``(ii) Other schools.--Subject to clauses (iii) and (iv), the Secretary shall randomly select, from among the schools in a participating State determined under subparagraph (A)(iii) to have less than 50 percent of students eligible for free or reduced price meals under this Act, schools to participate in the program under this subsection so as to ensure that the aggregate number of students represented by those schools, plus the aggregate number of students from schools selected under clause (i), in the State meets the requirements of this subsection. ``(iii) Insufficient applications.--If, for any State, the Secretary determines that the number of schools described in subparagraph (A)(i) is insufficient to meet the requirements of this subsection, the Secretary may randomly select such additional applications from schools submitting applications under this subsection as are necessary to meet the requirements. ``(iv) Applicability to existing participants.-- ``(I) In general.--Except as provided in subclause (II), the schools, States, and reservation authorized to participate in the pilot program under this subsection (as in effect on the date before the date of enactment of this subparagraph) shall not be subject to this subparagraph. ``(II) New students.--Subclause (I) shall not apply to students authorized to participate in the program under paragraph (1)(B). ``(3) Notice of availability.--To participate in the program under this subsection, a school shall widely publicize within the school the availability of free fresh and dried fruits and free fresh vegetables under the pilot program. ``(4) Reports.-- ``(A) Interim reports.--Not later than September 30 of each of fiscal years 2004, 2005, 2006, and 2007, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an interim report that describes the activities carried out under this subsection during the fiscal year covered by the report. ``(B) Final report.--Not later than December 31, 2007, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the pilot program under this subsection. ``(5) Per student grant.-- ``(A) In general.--For each school year during which a school participates in the program under this subsection, the Secretary shall provide to the school $75 for each student, as adjusted under subparagraph (B). ``(B) Adjustment.--The amount of the grant for each student under subparagraph (A) shall be adjusted on July 1, 2004, and each July 1 thereafter, to reflect changes in the Consumer Price Index of the Bureau of Labor Statistics for fresh fruits and vegetables, with the adjustment-- ``(i) rounded down to the nearest dollar increment; and ``(ii) based on the unrounded amounts for the preceding 12-month period. ``(6) Funding.-- ``(A) Existing funds.--The Secretary shall use to carry out this subsection any funds that remain under this subsection (in effect on the day before the date of enactment of this subparagraph). ``(B) New funds.--The Secretary shall use such funds made available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) as are necessary to carry out this subsection (other than paragraph 4). ``(C) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds made available under this paragraph, without further appropriation. ``(D) Availability of funds.--Funds made available under this paragraph shall remain available until expended. ``(E) Reallocation.--The Secretary may reallocate any amounts made available to carry out this subsection that are not obligated or expended, as determined by the Secretary.''.

Amends the Richard B. Russell National School Lunch Act to reauthorize and expand the fruit and vegetable pilot program.

A bill to amend the Richard B. Russell National School Lunch Act to reauthorize and expand the fruit and vegetable pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``More Water and More Energy Act of 2006''. SEC. 2. PRODUCED WATER. The Water Resources Research Act of 1984 (42 U.S.C. 10301 et seq.) is amended by adding at the end thereof a new section, as follows: ``SEC. 112. PRODUCED WATER. ``(a) Study.--The Secretary, acting through the Commissioner of Reclamation and the Director of the United States Geological Survey, shall conduct a study to identify-- ``(1) the technical, economic, environmental (including potential adverse effects on water quality), legal, and other obstacles to increasing the extent to which produced water can be used for irrigation and other purposes; and ``(2) the legislative, administrative, and other actions that could reduce or eliminate such obstacles. ``(b) Report.--Not later than one year after the date of the enactment of this section, the Secretary shall report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate regarding the results of the study required by this section. ``(c) Projects Authorized.-- ``(1) In the implementation of authority available to the Secretary prior to the date of enactment of this section and subject to the availability of funds appropriated for the purpose, the following projects are authorized: ``(A) At least one project in one of the Upper Basin States. ``(B) At least one project in one of the Lower Basin States other than California. ``(C) At least one project in California. ``(2) Funds obligated under this subsection-- ``(A) shall not exceed $1,000,000 for any project; ``(B) shall be used to pay not more than 50 percent of the total cost of a project; ``(C) shall not be used for operation or maintenance of any facility; and ``(D) may be in addition to assistance provided by the United States pursuant to other provisions of law. ``(d) Additional Consultation, Review, Advice, and Comment.--In implementing this section, including preparation of the report required by subsection (b) and the establishment of criteria to be used in connection with award of assistance pursuant to subsection (c), the Secretary shall-- ``(1) consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and appropriate Governors and local officials; ``(2) review any relevant information developed in connection with research carried out by others, including research carried out pursuant to section 999 of Public Law 109- 58, and to the extent the Secretary considers advisable include such information in the report required by paragraph (3); ``(3) seek the advice of individuals with relevant professional or academic expertise and of companies or individuals with industrial experience, particularly experience related to production of oil, natural gas, or other energy resources, including geothermal resources; and ``(4) solicit comments and suggestions from the public. ``(e) Relationship to State Laws and Interstate Authorities and Compacts.--Nothing in this section shall be construed as superseding, modifying, abrogating, or limiting-- ``(1) the effect of any State law or any interstate authority or compact with regard to any use of water or the regulation of water quantity or quality; or ``(2) the applicability or effect of any Federal law or regulation. ``(f) Definitions.--In this section: ``(1) The term `produced water' means water from an underground source, that is brought to the surface as part of the process of exploration for or development of oil, natural gas, coalbed methane, or any other substance to be used as an energy source. ``(2) The term `Secretary' means the Secretary of the Interior. ``(3) The term `Upper Basin States' means the States of Colorado, New Mexico, Utah, and Wyoming. ``(4) The term `Lower Basin States' means the States of Arizona, California, and Nevada. ``(5) The term `project' means the provision of financial assistance for the development of a facility to demonstrate the feasibility, effectiveness, and safety of processes to increase the extent to which produced water may be recovered and made suitable for use for irrigation, municipal or industrial uses, or other purposes. ``(g) Authorization of Appropriations.--There are authorized to be appropriated-- ``(1) $1,000,000 to carry out the study required by subsection (a); and ``(2) $5,000,000 to carry out the other provisions of this section.''. Passed the House of Representatives December 5, 2006. Attest: KAREN L. HAAS, Clerk.

More Water and More Energy Act of 2006 - Amends the Water Resources Research Act of 1984 to direct the Secretary of the Interior, acting through the Commissioner of Reclamation and the Director of the U.S. Geological Survey (USGS), to identify and report to Congress on: (1) the technical, economic, environmental, legal, and other obstacles to increasing the extent to which produced water (water from an underground source that is brought to the surface as part of the process of exploration for or development of oil, natural gas, coal-bed methane, or any other substance to be used as an energy source) can be used for irrigation and other purposes; and (2) the legislative, administrative, and other actions that could reduce or eliminate such obstacles. Authorizes at least one project for the development of facilities to demonstrate the feasibility, effectiveness, and safety of processes to increase the extent to which produced water may be recovered and made suitable for such purposes in: (1) the Upper Basin states of Colorado, New Mexico, Utah, and Wyoming; (2) the Lower Basin states of Arizona and Nevada; and (3) California. Provides that project funds: (1) shall not exceed $1 million for any project; (2) shall not be used to pay more than 50% of the project's cost or for facility operation or maintenance; and (3) shall be in addition to other federal assistance. Directs the Secretary to: (1) review any relevant information developed in connection with research carried out by others; (2) seek the advice of individuals with relevant professional or academic expertise and of companies or individuals with industrial experience; and (3) solicit comments and suggestions from the public. Authorizes appropriations.

To facilitate the use for irrigation and other purposes of water produced in connection with development of energy resources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Security Tax Act''. SEC. 2. FEE ON IMPORTED CRUDE OIL OR REFINED PETROLEUM PRODUCTS. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 55--IMPORTED CRUDE OIL, REFINED PETROLEUM PRODUCTS, AND PETROCHEMICAL FEEDSTOCKS OR DERIVATIVES ``Sec. 5886. Imposition of tax. ``Sec. 5887. Definitions. ``Sec. 5888. Registration. ``Sec. 5889. Procedures; returns; penalties. ``Sec. 5890. Adjustment for inflation. ``SEC. 5886. IMPOSITION OF TAX. ``(a) Imposition of Tax.--In addition to any other tax imposed under this title, an excise tax is hereby imposed on-- ``(1) the first sale within the United States of-- ``(A) any crude oil, ``(B) any refined petroleum product, or ``(C) any petrochemical feedstock or petrochemical derivative, that has been imported into the United States, and ``(2) the use within the United States of-- ``(A) any crude oil, ``(B) any refined petroleum product, or ``(C) any petrochemical feedstock or petrochemical derivative, that has been imported into the United States if no tax has been imposed with respect to such crude oil or refined petroleum product prior to such use. ``(b) Rate of Tax.-- ``(1) Crude oil.--For purposes of paragraphs (1)(A) and (2)(A) of subsection (a) the rate of tax shall be the excess, if any, of-- ``(A) $25 per barrel, over ``(B) the most recently published average price of a barrel of internationally traded oil. ``(2) Refined petroleum product.--For purposes of paragraphs (1)(B) and (2)(B) of subsection (a), the rate of tax shall be the excess, if any, of-- ``(A) $27.50 per barrel, over ``(B) the most recently published average price of a barrel of internationally traded oil. ``(3) Petrochemical feedstock or petrochemical derivative.--For purposes of paragraphs (1)(C) and (2)(C) of subsection (a), the rate of tax shall be equal to the rate of tax determined under paragraph (2) of this subsection, except that `barrel equivalent of crude oil feedstocks used in the manufacture of such petrochemical feedstocks or petrochemical derivative' shall be substituted for `barrel' in paragraph (2)(A) of this subsection. ``(4) Fractional parts of barrels.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. ``(c) Determination of Average Price.-- ``(1) In general.--For purposes of this section, the average price of internationally traded oil with respect to any week during which the tax under subsection (a) is imposed shall be determined by the Secretary and published in the Federal Register on the first day of such week. ``(2) Basis of determination.--For purposes of paragraph (1), the Secretary, after consultation with the Administrator of the Energy Information Administration of the Department of Energy, shall determine the average price of internationally traded oil for the preceding 4 weeks, pursuant to the formula for determining such international price as is used in publishing the Weekly Petroleum Status Report and as is in effect on the date of enactment of this section. ``(d) Liability for Payment of Tax.-- ``(1) Sales.--The taxes imposed by subsection (a)(1) shall be paid by the first person who sells the crude oil, refined petroleum product, petrochemical feedstock, or petrochemical derivative within the United States. ``(2) Use.--The taxes imposed by subsection (a)(2) shall be paid by the person who uses the crude oil, refined petroleum product, petrochemical feedstock, or petrochemical derivative. ``SEC. 5887. DEFINITIONS. ``For purposes of this chapter-- ``(1) Crude oil.--The term `crude oil' means crude oil other than crude oil produced from a well located in the United States or a possession of the United States. ``(2) Barrel.--The term `barrel' means 42 United States gallons. ``(3) Refined petroleum product.--The term `refined petroleum product' shall have the same meaning given to such term by section 3(5) of the Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 752(5)). ``(4) Export.--The terms `export' and `exported' include shipment to a possession of the United States. ``SEC. 5888. REGISTRATION. ``Every person subject to tax under section 5886 shall, before incurring any liability for tax under such section, register with the Secretary. ``SEC. 5889. PROCEDURES; RETURNS; PENALTIES. ``For purposes of this title, any reference to the tax imposed by section 5886 shall be treated, except to the extent provided by the Secretary by regulation where such treatment would be inappropriate, in the same manner as the tax imposed by section 4986 was treated immediately before its repeal by the Omnibus Trade and Competitiveness Act of 1988.''. ``SEC. 5890. ADJUSTMENT FOR INFLATION. ``The $25 per barrel price referred to in section 5886(b)(1) and the $27.50 per barrel price referred to in section 5886(b)(2) shall be changed during any calendar year after 1993 by the percentage if any by which the Consumer Price Index changed during the preceding calendar year, as defined in section (1)(f)(4) of title 26 of the United States Code.''. (b) Conforming Amendment.--The table of chapters for subtitle E is amended by adding at the end thereof the following new item: ``Chapter 55. Imported crude oil, refined petroleum products, and petrochemical feedstocks or derivatives.''. (c) Deductibility of Imported Oil Tax.--The first sentence of section 164(a) (relating to deductions for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The imported oil taxes imposed by section 5886.''. (d) Effective Date.--The amendments made by this section shall apply with respect to sales and uses of imported crude oil, imported refined petroleum products, petrochemical feedstocks, or petrochemical derivatives on or after the date of enactment of this Act.

Energy Security Tax Act - Amends the Internal Revenue Code to impose an excise tax on the first sale within the United States of imports of: (1) crude oil; (2) refined petroleum products; and (3) petrochemical feedstocks or petrochemical derivatives.

Energy Security Tax Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Informed Choice Act''. SEC. 2. GRANTS FOR PURCHASE OF ULTRASOUND EQUIPMENT. (a) In General.--The Secretary of Health and Human Services may make grants for the purchase of ultrasound equipment. Such ultrasound equipment shall be used by the recipients of such grants to provide, under the direction and supervision of a licensed medical physician, free ultrasound examinations to pregnant women needing such services. (b) Eligibility Requirements.--An entity may receive a grant under subsection (a) only if the entity meets the following conditions: (1) The entity is a nonprofit private organization that is approved by the Internal Revenue Service as a tax-exempt entity under section 501(c)(3) of the Internal Revenue Code of 1986. (2) The entity operates as a community based pregnancy help medical clinic, as defined in subsection (f). (3) The entity provides medical services to pregnant women under the guidance and supervision of a physician who serves as the medical director of the clinic and is duly licensed to practice medicine in the State in which the entity is located. (4) The entity is legally qualified to provide such medical services to pregnant women and is in compliance with all Federal, State, and local requirements for the provision of such services. (5) The entity agrees to comply with the following medical procedures: (A) Each pregnant woman upon whom the ultrasound equipment is used will be shown the visual image of the fetus from the ultrasound examination and will be given a general anatomical and physiological description of the characteristics of the fetus. (B) Each pregnant women will be given, according to the best medical judgment of the physician performing the ultrasound examination or the physician's agent performing such exam, the approximate age of the embryo or fetus considering the number of weeks elapsed from the probable time of the conception of the embryo or fetus, based upon the information provided by the client as to the time of her last menstrual period, her medical history, a physical examination, or appropriate laboratory tests. (C) Each pregnant woman will be given information on abortion and alternatives to abortion such as childbirth and adoption and information concerning public and private agencies that will assist in those alternatives. (D) The entity will obtain and maintain medical malpractice insurance in an amount not less than $1,000,000, and such insurance will cover all activities relating to the use of the ultrasound machine purchased with the grant under subsection (a). (6) The entity does not receive more than 30 percent of its gross annual revenue from a single source or donor. (c) Limitation on Individual Grant Amount.--No grant under subsection (a) may be made in an amount that exceeds an amount equal to 50 percent of the purchase price cost of the ultrasound machine involved, or $20,000, whichever is less. (d) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (e) Annual Report to Secretary.--A grant may be made under subsection (a) only if the applicant for the grant agrees to report on an annual basis to the Secretary, in such form and manner as the Secretary may require, on the ongoing compliance of the applicant with the eligibility conditions established in subsection (b). (f) Definitions.--For purposes of this Act: (1) The term ``community based pregnancy help medical clinic'' means a facility that-- (A) provides free medical services to pregnant women under the supervision and direction of a licensed physician who serves as the medical director for such clinic; and (B) does not charge for any services rendered to its clients, whether or not such services are for pregnancy or nonpregnancy related matters. (2) The term ``Secretary'' means the Secretary of Health and Human Services. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $3,000,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2009.

Informed Choice Act - Allows the Secretary of Health and Human Services to make grants to nonprofit community based pregnancy help medical clinics for the purchase of ultrasound equipment. Requires each grantee to: (1) provide free ultrasound examinations to pregnant women; (2) show the visual image of the fetus from the ultrasound examination to each pregnant woman with a general anatomical and physiological description of the fetus; (3) give each pregnant woman the approximate age of the embryo or fetus; (4) provide information on abortion and alternatives to abortion, such as childbirth and adoption, and information concerning public and private agencies that will assist in those alternatives; and (5) obtain medical malpractice insurance. Limits each grant to the lesser of 50 percent of the purchase price of the ultrasound machine involved or $20,000.

A bill to authorize the Secretary of Health and Human Services to make grants to nonprofit tax-exempt organizations for the purchase of ultrasound equipment to provide free examinations to women needing such services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intergenerational Financial Obligations Reform Act'' or the ``INFORM Act''. SEC. 2. DEFINITIONS. In this Act: (1) Fiscal gap.--The term ``fiscal gap'' means an economic analysis that-- (A) calculates the difference between the present value of all projected future Federal spending, including interest and principal payments on the initial outstanding debt, and the present value of all projected future Federal revenues, over an infinite time horizon; (B) calculates the permanent Federal revenue increases and spending reductions and identifies the combination of fiscal policy options starting in the budget year, and 5, 10, 15, and 25 years after the budget year, needed to eliminate the infinite horizon fiscal gap calculated as of the budget year; and (C) calculates the increases in the levels of annual rates of economic growth factors, including technological change, labor productivity, and capital deepening, starting in the budget year, and 5, 10, 15, and 25 years after the budget year, needed to eliminate the infinite horizon fiscal gap calculated as of the budget year. (2) Generation.--The term ``generation'' means a 1-year age cohort. (3) Generational accounting.--The term ``generational accounting'' means an economic analysis that calculates-- (A) the projected present value lifetime net Federal tax burden facing each living adult generation over 18 years of age; and (B) the present value lifetime net Federal tax burdens facing each current generation of children 18 years of age and under, as well as each future generation, assuming-- (i) the sum of all present value lifetime net Federal tax burdens facing each current generation of children 18 years of age and under, as well as each future generation, covers the present value of future discretionary spending, including interest and principal payments on the initial outstanding debt, less the sum of all present value lifetime net Federal tax burdens facing living adult generations over 18 years of age; and (ii) the lifetime net Federal tax burden of generations 18 years of age and under, as well as future generations, increases with year of birth at the projected growth rate of labor productivity. (4) Net federal tax burden.--The term ``net Federal tax burden'' means the difference between Federal taxes paid and transfer payments received. SEC. 3. THE CONGRESSIONAL BUDGET OFFICE REPORT. Section 202(e) of the Congressional Budget Act of 1974 is amended by inserting at the end the following: ``(4)(A) For any legislation or resolution considered in the Senate or the House of Representatives that would impact revenues or mandatory spending by greater than 0.5 percent of gross domestic product over the following 10-fiscal year period and upon request relating to such legislation or resolution by the Chairmen or Ranking Members of the Committees on the Budget of the House of Representatives or the Senate, the Congressional Budget Office shall be required to provide, with respect to such legislation or resolution-- ``(i) a fiscal gap and generational accounting analysis, including the change in the fiscal gap and generational accounting analysis relative to the baseline; and ``(ii) the Federal deficit, at current spending levels, in the fiscal year that is 75 years and the stock of the debt in the 75th year after the fiscal year in which the legislation is being considered. ``(B) In this paragraph-- ``(i) the term `fiscal gap' means an economic analysis that-- ``(I) calculates the difference between the present value of all projected future Federal spending, including interest and principal payments on the initial outstanding debt, and the present value of all projected future Federal revenues, over an infinite time horizon; ``(II) calculates the permanent Federal revenue increases and spending reductions and identifies the combination of fiscal policy options starting in the budget year, and 5, 10, 15, and 25 years after the budget year, needed to eliminate the infinite horizon fiscal gap calculated as of the budget year; and ``(III) calculates the increases in the levels of annual rates of economic growth factors, including technological change, labor productivity, and capital deepening, starting in the budget year, and 5, 10, 15, and 25 years after the budget year, needed to eliminate the infinite horizon fiscal gap calculated as of the budget year; ``(ii) the term `generation' means a 1-year age cohort; ``(iii) the term `generational accounting' means an economic analysis that calculates-- ``(I) the projected present value lifetime net Federal tax burden facing each living adult generation over 18 years of age; and ``(II) the present value lifetime net Federal tax burdens facing each current generation of children 18 years of age and under, as well as each future generation, assuming-- ``(aa) the sum of all present value lifetime net Federal tax burdens facing each current generation of children 18 years of age and under, as well as each future generation, covers the present value of future discretionary spending, including interest and principal payments on the initial outstanding debt, less the sum of all present value lifetime net Federal tax burdens facing living adult generations over 18 years of age; and ``(bb) the lifetime net Federal tax burden of generations 18 years of age and under, as well as future generations, increases with year of birth at the projected growth rate of labor productivity; and ``(iv) the term `net Federal tax burden' means the difference between Federal taxes paid and transfer payments received.''. SEC. 4. CBO ANNUAL REPORT. (a) In General.--The Congressional Budget Office shall produce an annual fiscal gap and generational accounting analysis within its annual ``Long-Term Budget Outlook''. (b) Public Report.--The Director of the Congressional Budget Office shall post the report described in subsection (a) on the Congressional Budget Office public website. SEC. 5. GAO ANNUAL REPORT. (a) In General.--The Comptroller General shall produce an annual fiscal gap and generational accounting analysis within its annual ``Long-Term Fiscal Outlook''. (b) Public Report.--The Comptroller General shall post the report described in subsection (a) on the General Accountability Office public website. SEC. 6. THE PRESIDENT'S BUDGET. Section 1105 of title 31, United States Code, is amended-- (1) in subsection (a), by-- (A) redesignating paragraph (37) following paragraph (38) as paragraph (39); and (B) adding at the end the following: ``(40) an analysis including-- ``(A) a fiscal gap and generational accounting analysis of the full budget proposal; ``(B) a fiscal gap and generational accounting analysis of specific policy changes that would impact revenues or mandatory spending by greater than 0.5 percent of gross domestic product over the following 10-fiscal year period; and ``(C) the Federal deficit, at current spending levels, in the fiscal year that is 75 years and the stock of the debt in the 75th year after the fiscal year in which the policy is being considered.''; and (2) by inserting at the end the following: ``(i) For purposes of subsection (a)(40)-- ``(1) the term `fiscal gap' means an economic analysis that-- ``(A) calculates the difference between the present value of all projected future Federal spending, including interest and principal payments on the initial outstanding debt, and the present value of all projected future Federal revenues, over an infinite time horizon; ``(B) calculates the permanent Federal revenue increases and spending reductions and identifies the combination of fiscal policy options starting in the budget year, and 5, 10, 15, and 25 years after the budget year, needed to eliminate the infinite horizon fiscal gap calculated as of the budget year; and ``(C) the increases in the levels of annual rates of economic growth factors, including technological change, labor productivity, and capital deepening, starting in the budget year, and 5, 10, 15, and 25 years after the budget year, needed to eliminate the infinite horizon fiscal gap calculated as of the budget year; ``(2) the term `generation' means a 1-year age cohort; ``(3) the term `generational accounting' means an economic analysis that calculates-- ``(A) the projected present value lifetime net Federal tax burden facing each living adult generation over 18 years of age; and ``(B) the present value lifetime net Federal tax burdens facing each current generation of children 18 years of age and under, as well as each future generation, assuming-- ``(i) the sum of all present value lifetime net Federal tax burdens facing each current generation of children 18 years of age and under, as well as each future generation, covers the present value of future discretionary spending, including interest and principal payments on the initial outstanding debt, less the sum of all present value lifetime net Federal tax burdens facing living adult generations over 18 years of age; and ``(ii) the lifetime net Federal tax burden of generations 18 years of age and under, as well as future generations, increases with year of birth at the projected growth rate of labor productivity; and ``(4) the term `net Federal tax burden' means the difference between Federal taxes paid and transfer payments received.''.

Intergenerational Financial Obligations Reform Act or INFORM Act - Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office (CBO) to provide certain information on any legislation or resolution considered in either chamber which would impact revenues or mandatory spending by greater than 0.5% of gross domestic product (GDP) over the following 10-fiscal-year period, and upon request by the Chairmen or Ranking Members of the congressional budget committees. Requires such information to comprise: a fiscal gap and generational accounting analysis, including any change in the analysis relative to the baseline; and the federal deficit, at current spending levels, in the fiscal year that is 75 years after the fiscal year in which the legislation is being considered, as well as the stock of the debt in that 75th year. Requires: (1) CBO to produce an annual fiscal gap and generational accounting analysis within its annual "Long-Term Budget Outlook" and post it on the CBO public website, and (2) the Comptroller General to produce a separate similar analysis within its annual "Long-Term Fiscal Outlook" and post it on the General Accountability Office (GAO) public website. Requires the President's budget submission to Congress to include: a fiscal gap and generational accounting analysis of the full budget proposal; the same kind of analysis of specific policy changes that would impact revenues or mandatory spending by greater than 0.5% of GDP over the following 10-fiscal year period; and the federal deficit, at current spending levels, in the fiscal year that is 75 years after the fiscal year in which the legislation is being considered, as well as the stock of the debt in that 75th year.

INFORM Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Express Appeals Act of 2016''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON FULLY DEVELOPED APPEALS. (a) In General.--The Secretary of Veterans Affairs shall carry out a pilot program to provide the option of an alternative appeals process that shall more quickly determine such appeals in accordance with this section. (b) Election.-- (1) Filing.--In accordance with paragraph (2), a claimant may elect to file a fully developed appeal under the pilot program under subsection (a) by filing with the Secretary the following: (A) The notice of disagreement under chapter 71 of title 38, United States Code, along with the written election of the claimant to have the appeal determined under the pilot program. (B) All evidence that the claimant believes is needed for the appeal as of the date of the filing. (C) A statement of the argument in support of the claim, if any. (2) Timing.--A claimant shall make an election under paragraph (1) as part of the notice of disagreement filed by the claimant in accordance with paragraph (1)(A). (3) Reversion.-- (A) Elected reversion.--At any time, a claimant who makes an election under paragraph (1) may elect to revert to the standard appeals process. Such a reversion shall be final. (B) Automatic reversion.--A claimant described in subparagraph (A), or a claimant who makes an election under paragraph (1) but is later determined to be ineligible for the pilot program under subsection (a), shall revert to the standard appeals process without any penalty to the claimant other than the loss of the docket number associated with the fully developed appeal. (4) Outreach.--In providing claimants with notices of the determination of a claim during the period in which the pilot program under subsection (a) is carried out, the Secretary shall conduct outreach as follows: (A) The Secretary shall provide to the claimant (and to the representative of record of the claimant, if any) information regarding-- (i) the pilot program, including the advantages and disadvantages of the program; (ii) how to make an election under paragraph (1); (iii) the limitation on the use of new evidence described in paragraph (3) of subsection (c) and the development of information under paragraph (4) of such subsection; and (iv) the ability of the claimant to seek advice and education regarding such process from veterans service organizations, attorneys, and claims agents recognized under chapter 59 of title 38, United States Code. (B) The Secretary shall collaborate, partner with, and give weight to the advice of the three veterans service organizations with the most members to publish on the Internet website of the Department of Veterans Affairs an online tutorial explaining the advantages and disadvantages of the pilot program. (c) Treatment by Department and Board.-- (1) Process.--Upon the election of a claimant to file a fully developed appeal pursuant to subsection (b)(1), the Secretary shall-- (A) not provide the claimant with a statement of the case nor require the claimant to file a substantive appeal; and (B) transfer jurisdiction over the fully developed appeal directly to the Board of Veterans' Appeals. (2) Docket.-- (A) In general.--The Board of Veterans' Appeals shall-- (i) maintain fully developed appeals on a separate docket than standard appeals; (ii) decide fully developed appeals in the order that the fully developed appeals are received on the fully developed appeal docket; (iii) except as provided by subparagraph (B), decide not more than one fully developed appeal for each four standard appeals decided; and (iv) to the extent practicable, decide each fully developed appeal by the date that is one year following the date on which the claimant files the notice of disagreement. (B) Adjustment.--Beginning one year after the date on which the pilot program under subsection (a) commences, the Board may adjust the number of standard appeals decided for each fully developed appeal under subparagraph (A)(iii) if the Board determines that such adjustment is fair for both standard appeals and fully developed appeals. (3) Limitation on use of new evidence.-- (A) In general.--Except as provided by subparagraphs (B) and (C)-- (i) a claimant may not submit or identify to the Board of Veterans' Appeals any new evidence relating to a fully developed appeal after filing such appeal unless the claimant reverts to the standard appeals process pursuant to subsection (b)(3); and (ii) if a claimant submits or identifies any such new evidence, such submission or identification shall be deemed to be an election to make such a reversion pursuant to subsection (b)(3). (B) Evidence gathered by board.--Subparagraph (A) shall not apply to evidence developed pursuant to paragraphs (4) and (5). The Board shall consider such evidence in the first instance without consideration by the Veterans Benefits Administration. (C) Representative of record.--The representative of record of a claimant for appeals purposes, if any, shall be provided an opportunity to review the fully developed appeal of the claimant and submit any additional arguments or evidence that the representative determines necessary during a period specified by the Board for purposes of this subparagraph. (4) Prohibition on remand for additional development.--If the Board of Veterans' Appeals determines that a fully developed appeal requires Federal records, independent medical opinions, or new medical examinations, the Board shall-- (A) in accordance with paragraph (5), take such actions as may be necessary to develop such records, opinions, or examinations in accordance with section 5103A of title 38, United States Code; (B) retain jurisdiction of the fully developed appeal without requiring a determination by the Veterans Benefits Administration based on such records, opinions, or examinations; (C) ensure the claimant, and the representative of record of a claimant, if any, receives a copy of such records, opinions, or examinations; and (D) provide the claimant a period of 90 days after the date of mailing such records, opinions, or examinations during which the claimant may provide the Board any additional evidence without requiring the claimant to make a reversion pursuant to subsection (b)(3). (5) Development unit.-- (A) Establishment.--The Board of Veterans' Appeals shall establish an office to develop Federal records, independent medical opinions, and new medical examinations pursuant to paragraph (4)(A) that the Board determines necessary to decide a fully developed appeal. (B) Requirements.--The Secretary shall-- (i) ensure that the Veterans Benefits Administration cooperates with the Board of Veterans' Appeals in carrying out subparagraph (A); and (ii) transfer employees of the Veterans Benefits Administration who, prior to the enactment of this Act, were responsible for processing claims remanded by the Board of Veterans' Appeals to positions within the office of the Board established under subparagraph (A) in a number the Secretary determines sufficient to carry out such subparagraph. (6) Hearings.--Notwithstanding section 7107 of title 38, United States Code, the Secretary may not provide hearings with respect to fully developed appeals. If a claimant requests to hold a hearing pursuant to such section 7107, such request shall be deemed to be an election to revert to the standard appeals process pursuant to subsection (b)(3). (d) Duration; Application.--The Secretary shall carry out the pilot program under subsection (a) for a five-year period beginning one year after the date of the enactment of this Act. This section shall apply only to fully developed appeals that are filed during such period. (e) Reports.--During each year in which the pilot program under subsection (a) is carried out, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the pilot program. The first such report shall be submitted by not later than 180 days after the date on which the pilot program commences. Each report shall include the following: (1) For the period covered by the report-- (A) the number of claimants who filed a fully developed appeal under the pilot program; (B) the average processing time for each such appeal, measured by each phase of the appeal, and, if the processing time for appeals exceed one year, the reasons for such processing time; (C) a summary of reasons for which the development of evidence was required under subsection (c)(5); (D) the number of issues decided, listed by the disposition of the issue; (E) of the number identified in subparagraph (D), the number of issues for which evidence was not so developed, listed by the disposition of the issue; (F) of the number of fully developed appeals decided by the Board of Veterans' Appeals, the number of cases from each agency of original jurisdiction, listed by the disposition of the issue; (G) the number of fully developed appeals appealed to the Court of Appeals for Veterans Claims, listed by the disposition of the case; (H) the number of reversions made under subsection (b)(3); and (I) any reasons for why a claimant was determined to be ineligible to participate in the pilot program. (2) A review, made in conjunction with veterans service organizations, of the efforts of the Secretary to provide clear rating decisions and improve disability rating notification letters, including with respect to-- (A) the opinions of veterans service organizations regarding such efforts; and (B) how the pilot program improves such efforts. (3) A recommendation for any changes to improve the pilot program. (4) An assessment of the feasibility and advisability of expanding the pilot program. (f) Regulations.--Not later than one day after the date of the enactment of this Act, the Secretary shall publish interim guidance on the pilot program under subsection (a). Not later than 90 days after such date of enactment, the Secretary shall prescribe regulations to carry out such pilot program. (g) Definitions.--In this section: (1) Claimant.--The term ``claimant'' has the meaning given that term in section 5100 of title 38, United States Code. (2) Compensation.--The term ``compensation'' has the meaning given that term in section 101 of title 38, United States Code. (3) Fully developed appeal.--The term ``fully developed appeal'' means an appeal of a claim for disability compensation that is-- (A) filed by a claimant in accordance with subsection (b)(1); and (B) considered in accordance with this section. (4) Standard appeal.--The term ``standard appeal'' means an appeal of a claim for disability compensation that is not a fully developed appeal.

Express Appeals Act of 2016 This bill directs the Department of Veterans Affairs (VA) to: (1) carry out a five-year pilot program to provide the option of an alternative appeals process to determine appeals of claims for disability compensation more quickly, and (2) inform claimants about such program. Appeals filed under the pilot program are described as "fully developed appeals." A claimant may elect to file a fully developed appeal by filing with the VA: (1) a notice of disagreement along with the claimant's written election to have the appeal determined under the pilot program, (2) all evidence that the claimant believes is needed for the appeal, and (3) a statement of the argument in support of the claim. A claimant who elects the pilot program may elect to revert to the standard appeals process at any time. Such reversion, however, shall be final. Such a claimant or an electing claimant who is later determined to be ineligible for the pilot program shall revert to the standard appeals process without any penalty other than the loss of docket number. The VA shall transfer jurisdiction over a fully developed appeal directly to the Board of Veterans' Appeals. The Board shall: maintain fully developed appeals on a separate docket; hear fully developed appeals in the order received; decide not more than one fully developed appeal for each four traditional appeals decided, though this ratio may be adjusted for fairness purposes beginning one year after the pilot program begins; and decide each fully developed appeal within one year of a claimant's filing the notice of disagreement. A claimant may not submit or identify to the Board any new evidence relating to a fully developed appeal after filing such appeal unless the claimant reverts to the standard appeals process. The Board shall establish an office to develop necessary federal records, independent medical opinions, and new medical exams. The Board may not provide hearings for fully developed appeals.

Express Appeals Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Transportation Act of 2003''. SEC. 2. INTERMODAL TRANSPORTATION FACILITIES PROGRAM. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5315 the following: ``Sec. 5316. Intermodal transportation facilities program ``(a) Establishment.--The Secretary shall establish and carry out an intermodal transportation facilities program in accordance with this section. ``(b) Grants.--In carrying out the program, the Secretary shall make grants on a competitive basis to public or private entities to finance projects for the construction, reconstruction, maintenance, repair, and renovation of facilities, whether publicly or privately owned, designed and operated to promote the intermodal transportation of passengers. ``(c) Eligible Grant Recipients.--The Secretary shall make grants for a project under this section directly to the public or private entity that will develop or operate the facility receiving assistance under the project. ``(d) Applications.--To be eligible to receive a grant for a project under this section, an entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. At a minimum, the application shall contain a plan for the project and such additional information as the Secretary may require to ensure full accountability for the obligation and expenditure of amounts for the project. ``(e) Eligible Projects.--Facilities for which assistance may be provided under the program include the following: ``(1) Facilities to connect urban or rural local transit, van, and commuter services with intercity bus and rail services. ``(2) Facilities to connect intercity bus, intercity rail, local transit, van, and commuter services with commercial air services. ``(3) Facilities to provide park and ride services at suburban locations connecting with local mass transportation, commuter services, and intercity bus and rail facilities. ``(4) Such other intermodal facilities as the Secretary determines appropriate. ``(f) Priority.--In making grants under this section, the Secretary shall give priority to projects that integrate all available modes of intercity and local mass transportation in a community. ``(g) Federal Share.--The Federal share of the cost of a project financed using amounts from a grant under this section shall not exceed 90 percent. ``(h) Applicability of Planning and Other Requirements.--The Secretary may make a grant for a project under this section only after finding that the project is part of the approved program of projects required under sections 5303 through 5306. Section 5333(b) applies to a project receiving assistance under this section. ``(i) Contract Authority.--A grant approved by the Secretary that is financed with amounts made available to carry out this section is a contractual obligation of the United States Government to pay the Government's share of the cost of the project. ``(j) Authorization of Appropriations.--There shall be available from the Highway Trust Fund to carry out this section $100,000,000 for each of fiscal years 2004 through 2009. Such sums shall remain available until expended.''. (b) Conforming Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 5315 the following: ``5316. Intermodal facilities program.''. SEC. 3. RURAL CONNECTIONS TO AIRPORTS. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5316, as inserted by section 2(a) of this Act, the following: ``Sec. 5317. Rural connections to airports ``(a) In General.--The Secretary of Transportation shall carry out a program to promote essential intercity bus and commercial van service by private operators between non-urbanized and small urban areas and primary airports, as defined in section 47102, including intermediate points. ``(b) State Programs.--A State shall use amounts apportioned under this section for eligible transportation projects that are included in a State program of projects. The program shall be submitted annually to the Secretary. The Secretary may approve the program only if the Secretary finds that the program is consistent with the purposes of this section and provides a fair distribution of amounts in the State. ``(c) Apportionment of Amounts.--The Secretary shall apportion amounts made available to carry out this section among the States in the same manner as amounts are apportioned under section 5311(c). ``(d) Eligible Projects.--Eligible projects under this section include-- ``(1) planning and marketing for eligible intercity bus and commercial van service; ``(2) capital grants for bus terminals, park and ride facilities, and joint-use facilities, including intermodal terminals located at or near an airport or at any other location, if there is a planned airport connection from the facility; ``(3) operating grants through purchase-of-service agreements, user-side subsidies, and demonstration projects; ``(4) developing and enhancing security procedures for bus and commercial van passengers connecting to commercial air services; and ``(5) enhancing connections between intercity bus or commercial van service and commercial air services at the airport. ``(e) Eligible Service Providers.-- ``(1) In general.--Subject to paragraph (2), a State may contract with a duly licensed private operator of intercity bus or commercial van service to provide essential intercity bus or commercial van service under the program. ``(2) Limitation.--Funds made available to carry out this section may not be used to provide service that duplicates, in whole or in part, service being provided by an existing private operator without operating subsidy. ``(f) Federal Share.--The Federal share of the cost of a project financed using amounts made available under this section shall not exceed 90 percent. ``(g) Availability of Amounts.--Amounts apportioned to a State under this section shall remain available until expended. ``(h) Relationship to Other Laws.--Section 5311(j) applies to this section. ``(i) Authorization of Appropriations.--There shall be available from the Highway Trust Fund to carry out this section-- ``(1) $30,000,000 for each of fiscal years 2004, 2005, and 2006; and ``(2) $35,000,000 for each of fiscal years 2007, 2008, and 2009. Such sums shall remain available until expended.''. (b) Conforming Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 5316, as inserted by section 2(b) of this Act, the following: ``5317. Rural connections to airports.''. SEC. 4. FUNDING FOR RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PROGRAM. Section 3038(g) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 393) is amended-- (1) in paragraph (1)-- (A) by striking ``the following amounts'' and inserting ``$15,000,000 for each of fiscal years 2004 through 2009''; and (B) by striking `buses:'' and all that follows before the last sentence and inserting ``buses.''; and (2) in paragraph (2) by striking ``$6,800,000 shall be available for fiscal years 2000 through 2003'' and inserting ``$5,000,000 shall be available for each of fiscal years 2004 through 2009''. SEC. 5. NATIONAL TRANSPORTATION INFORMATION SYSTEM. Chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5339. National transportation information system ``(a) Establishment.--The Secretary shall establish and carry out, on a priority basis and in coordination with States and private entities, a national public transportation information system in accordance with this section. ``(b) Information To Be Included in System.-- ``(1) In general.--The system shall include, to the maximum extent practicable, for all public and private providers of scheduled passenger transportation service over fixed routes, information on-- ``(A) service, fares, and schedules; and ``(B) availability of service accessible to persons with disabilities. ``(2) Providers of scheduled passenger transportation service defined.--In paragraph (1), the term `providers of scheduled passenger transportation service' includes providers of intercity bus and intercity rail service, commuter service, local and rural transit service, and demand responsive intercity bus service. ``(c) Public Access to System.--Information included in the system shall be made available to the public, on a real-time basis, by telephone and on the Internet. Such system shall be fully accessible to persons with disabilities. ``(d) Deadline.--The system shall be fully operational not later than 5 years after the date of enactment of this section. ``(e) Private Contractors.--The Secretary may carry out this section by contracting with private entities to plan, construct, operate, and maintain the system. ``(f) Federal Share.--The Federal share of the cost of a project financed using amounts made available to carry out this section shall not exceed 90 percent. ``(g) Authorization of Appropriations.--There shall be available from the Highway Trust Fund to carry out this section-- ``(1) $20,000,000 for each of fiscal years 2004 and 2005; and ``(2) $10,000,000 for each of fiscal years 2006 through 2009. Such sums shall remain available until expended.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``5339. National transportation information system.''. SEC. 6. CAPITAL PROJECTS. (a) Definition of Capital Project.--Section 5302(a)(1)(G)(ii) of title 49, United States Code, is amended to read as follows: ``(ii) excluding construction of a commercial revenue producing facility to the extent that the facility is not intended to be used to provide mass transportation or intercity bus or rail transportation.''. (b) Capital Investment Grants and Loans.--Section 5309(a)(1)(C) of such title is amended to read as follows: ``(C) the capital costs of coordinating mass transportation with other transportation, including costs associated with the mass transportation, intercity bus, or intercity rail components of facility projects intended to enhance such coordination;''.

Intermodal Transportation Act of 2003 - Amends Federal transportation law to establish an intermodal transportation facilities program in which the Secretary of Transportation shall make grants on a competitive basis to public or private entities to finance projects for the construction, reconstruction, maintenance, repair, and renovation of facilities designed and operated to promote the intermodal transportation of passengers. Sets forth grant and project eligibility requirements. Sets the Federal share of project costs at no more than 90 percent. Directs the Secretary to carry out a program to promote essential intercity bus and commercial van service by private operators between non-urbanized and small urban areas and primary airports, including intermediate points. Amends the Transportation Equity Act for the 21st Century to set forth funding levels for grants to operators of over-the-road buses to increase accessibility for persons with disabilities under the rural transportation accessibility incentive program. Establishes a national public transportation information system to provide for all public and private providers of scheduled passenger transportation service over fixed routes information on service, fares, schedules, and availability of service accessible to persons with disabilities. Makes costs associated with the mass transportation, intercity bus, or intercity rail components of facility projects intended to enhance coordinating mass transportation with other transportation eligible for discretionary mass transportation grants and loans.

To amend title 49, United States Code, to authorize programs and activities to promote intermodal transportation of passengers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Slamming Prevention and Consumer Protection Act of 1997''. TITLE I--IMPROVED COMMUNICATIONS ACT REMEDIES FOR SLAMMING SEC. 101. COMPLETION AND ENFORCEMENT OF FCC RULES. Section 258 of the Communications Act of 1984 (47 U.S.C. 258) is amended by adding at the end the following: ``(c) Subscriber Changes.--The Commission's regulations under this section shall require any carrier that submits or executes a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service in violation of the verification procedures prescribed by the Commission shall refund to the subscriber (or discharge the subscriber from liability for) any charges imposed for such service by such carrier during the 3-month period after the change in the subscriber's selection is effected. ``(d) Negative Option Selection Prohibited.--The Commission's regulations under this section shall prohibit any change in selection, or any verification of a change in selection, without the affirmative request of the subscriber. A subscriber's failure to refuse a change in selection, or failure to refuse to verify a change in selection, shall not be deemed to be an affirmative request. ``(e) Completion of Rulemaking.--The Commission shall complete all actions necessary, including any reconsideration, to prescribe rules to implement and enforce this section within two years after the date of enactment of the Telecommunications Act of 1996. ``(f) Private Right of Action.-- ``(1) In general.--A subscriber whose selection of a provider of telephone exchange service or telephone toll service is changed in violation of the procedures prescribed under subsection (a) may, within one year after the change, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State an action-- ``(A) for an order to revoke the change; ``(B) for an award of damages in an amount equal to the greater of-- ``(i) the actual monetary loss resulting from the change; or ``(ii) an amount not to exceed $500; or ``(C) for relief under both subparagraphs (A) and (B). In any such action in which the plaintiff substantially prevails the court may assess reasonable costs, including attorneys' fees, against the defendant. ``(2) Increased award.--If the court finds that the defendant executed the change in willful and knowing violation of the procedures prescribed under subsection (a), the court may, in its discretion, increase the amount of the award under paragraph (1) to an amount equal to not more than three times the maximum amount awardable under subparagraph (B) of that paragraph. ``(g) No Preemption of State Law.--Nothing in this section shall preempt the availability of relief under State law for unauthorized changes of providers of intrastate telephone exchange service or telephone toll service.''. TITLE II--REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH SLAMMING SEC. 201. FEDERAL TRADE COMMISSION REGULATIONS. (a) In General.-- (1) Regulations required.--The Commission shall prescribe rules in accordance with this subsection to prohibit unfair and deceptive acts and practices in any advertisement for or solicitation of any change in a subscriber's selection of a provider of telephone exchange service or telephone toll service. Such rules shall require that the person offering or soliciting any change in the subscriber's selection of the provider of a telephone exchange service or telephone toll service-- (A) clearly and conspicuously disclose-- (i) that the offer or solicitation seeks authority to change the subscriber's selection of the provider of a telephone exchange service or telephone toll service; and (ii) the cost of the use of telephone exchange service or telephone toll service, including the total cost or the cost per minute and any other fees for that service, including any cost imposed for changing the subscriber's selection of service providers; (B) not submit or execute a change in a subscriber's selection of the provider of any telephone exchange service or telephone toll service in violation of the verification procedures prescribed by the Federal Communications Commission pursuant to section 258 of the Communications Act of 1934; (C) in the case of an advertisement or solicitation which offers a prize or award or a service or product at no cost or for a reduced cost, clearly and conspicuously disclose the odds of being able to receive such prize, award, service, or product at no cost or reduced cost, or, if such odds are not calculable in advance, disclose the factors determining such odds; and (D) comply with such additional standards as the Commission may prescribe to prevent unfair or abusive practices. (2) Access to information.--The Commission shall by rule require a common carrier that uses any person other than an employee of such carrier to solicit changes in the provider of any telephone exchange service or telephone toll service to make available to the Commission any contracts, records, and financial information maintained by such carrier relating to the use of such person to make such solicitations. (3) Evasions.--The rules issued by the Commission under this section shall include provisions to prohibit unfair or deceptive acts or practices that evade such rules or undermine the rights provided to telephone exchange service or telephone toll service subscribers under this title. (4) Treatment of rules.--A rule issued under this subsection shall be treated as a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Rulemaking.--The Commission shall prescribe the rules under subsection (a) within 270 days after the date of enactment of this Act. Such rules shall be prescribed in accordance with section 553 of title 5, United States Code. (c) Enforcement.--Any violation of any rule prescribed under subsection (a) shall be treated as a violation of a rule respecting unfair or deceptive acts or practices under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). Notwithstanding section 5(a)(2) of such Act (15 U.S.C. 45(a)(2)), communications common carriers shall be subject to the jurisdiction of the Commission for purposes of this title. SEC. 202. ACTIONS BY STATES. (a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice which violates any rule of the Commission under section 201(a), the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such pattern or practice, to enforce compliance with such rule of the Commission, to obtain damages on behalf of their residents, or to obtain such further and other relief as the court may deem appropriate. (b) Notice.--The State shall serve prior written notice of any civil action under subsection (a) upon the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right (1) to intervene in such action, (2) upon so intervening, to be heard on all matters arising therein, and (3) to file petitions for appeal. (c) Venue.--Any civil action brought under this section in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or wherever the defendant may be found. (d) Investigatory Powers.--For purposes of bringing any civil action under this section, nothing in this Act shall prevent the attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Effect on State Court Proceedings.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal antifraud statute of such State. (f) Limitation.--Whenever the Commission has instituted a civil action for violation of any rule or regulation under this Act, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for violation of any rule as alleged in the Commission's complaint. (g) Actions by Other State Officials.-- (1) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. (2) In addition to actions brought by an attorney general of a State under subsection (a), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State for protection of consumers and who are designated by the Commission to bring an action under subsection (a) against persons that the Commission has determined have or are engaged in a pattern or practice which violates a rule of the Commission under section 201(a). SEC. 203. ADMINISTRATION AND APPLICABILITY OF TITLE. (a) In General.--Except as otherwise provided in section 202, this title shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). Consequently, no activity which is outside the jurisdiction of that Act shall be affected by this Act, except for purposes of this title. (b) Actions by the Commission.--The Commission shall prevent any person from violating a rule of the Commission under section 201 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title. Any person who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this title. SEC. 204. DEFINITIONS. For purposes of this title: (1) The terms ``telephone exchange service'' and ``telephone toll service'' have the meaning provided in section 3 of the Communications Act of 1934. (2) The term ``attorney general'' means the chief legal officer of a State. (3) The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, and any territory or possession of the United States. (4) The term ``Commission'' means the Federal Trade Commission.

TABLE OF CONTENTS: Title I: Improved Communications Act Remedies for Slamming Title II: Regulation of Unfair and Deceptive Acts and Practices in Connection with Slamming Slamming Prevention and Consumer Protection Act of 1997 - Title I: Improved Communications Act Remedies for Slamming - Amends the Communications Act of 1934 to require any telephone exchange carrier that submits or executes a change in a subscriber's selection of a provider of telephone exchange or toll service in violation of subscriber verification requirements prescribed by the Federal Communications Commission (FCC) to refund to such subscriber any charges imposed for such service during the three-month period after such change is effected. Prohibits any change in selection, or verification of such a change, without the affirmative request of the subscriber. Requires the FCC to complete rulemaking for enforcement of such verification requirements within two years after the enactment of the Telecommunications Act of 1996. Provides a private right of action for any subscriber whose service is changed in violation of such requirements. Authorizes the appropriate State court to increase damage awards by up to three times the maximum allowable award for willful and knowing violations. Title II: Regulation of Unfair and Deceptive Acts and Practices in Connection With Slamming - Directs the Federal Trade Commission (FTC) to prescribe rules to prohibit unfair and deceptive acts and practices in any advertisement for or solicitation of any change in a subscriber's selection of a service provider. Requires a carrier to clearly and conspicuously disclose that the offer seeks to change the subscriber's service provider, as well as the total cost for such new service. Permits States to bring civil actions on behalf of residents to enjoin unlawful exchange practices, to enforce carrier compliance with FTC rules, or to obtain damages or other appropriate relief.

Slamming Prevention and Consumer Protection Act of 1997

SECTION 1. DEFINITIONS. (a) Health Care Business Defined.--Section 101 of title 11, United States Code, is amended by inserting after paragraph (27) the following: ``(27A) `health care business'-- ``(A) means any public or private entity (without regard to whether that entity is organized for profit or not for profit) that is primarily engaged in offering to the general public facilities and services for-- ``(i) the diagnosis or treatment of injury, deformity, or disease; and ``(ii) surgical, drug treatment, psychiatric or obstetric care; and ``(B) includes-- ``(i) any-- ``(I) general or specialized hospital; ``(II) ancillary ambulatory, emergency, or surgical treatment facility; ``(III) hospice; ``(IV) home health agency; and ``(V) other health care institution that is similar to an entity referred to in subclause (I), (II), (III), or (IV); and ``(ii) any long-term care facility, including any-- ``(I) skilled nursing facility; ``(II) intermediate care facility; ``(III) assisted living facility; ``(IV) home for the aged; ``(V) domicilary care facility; and ``(VI) health care institution that is related to a facility referred to in subclause (I), (II), (III), (IV), or (V), if that institution is primarily engaged in offering room, board, laundry, or personal assistance with activities of daily living and incidentals to activities of daily living;''. (b) Patient Defined.--Section 101 of title 11, United States Code, as amended by subsection (a) of this section, is amended by inserting after paragraph (40) the following: ``(40A) `patient' means any person who obtains or receives services from a health care business;''. (d) Patient Records Defined.--Section 101 of title 11, United States Code, as amended by subsection (b) of this section, is amended by inserting after paragraph (40A) the following: ``(40B) `patient records' means any written document relating to a patient or record recorded in a magnetic, optical, or other form of electronic medium;''. SEC. 2. DISPOSAL OF PATIENT RECORDS. (a) In General.--Subchapter III of chapter 3 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 351. Disposal of patient records ``If a health care business commences a case under chapter 7, 9, or 11, and the trustee does not have a sufficient amount of funds to pay for the storage of patient records in the manner required under applicable Federal or State law, the following requirements shall apply: ``(1) The trustee shall mail, by certified mail, a written request to each appropriate Federal or State agency to request permission from that agency to deposit the patient records with that agency. ``(2) If no appropriate Federal or State agency agrees to permit the deposit of patient records referred to in paragraph (1) by the date that is 60 days after the trustee mails a written request under that paragraph, the trustee shall-- ``(A) publish notice, in 1 or more appropriate newspapers, that if those patient records are not claimed by the patient or an insurance provider (if applicable law permits the insurance provider to make that claim) by the date that is 60 days after the date of that notification, the trustee will destroy the patient records; and ``(B) during the 60-day period described in subparagraph (A), the trustee shall attempt to notify directly each patient that is the subject of the patient records concerning the patient records by mailing to the last known address of that patient an appropriate notice regarding the claiming or disposing of patient records. ``(3) If, after providing the notification under paragraph (2), patient records are not claimed during the 60-day period described in paragraph (2)(A) or in any case in which a notice is mailed under paragraph (2)(B), during the 90-day period beginning on the date on which the notice is mailed, by a patient or insurance provider in accordance with that paragraph, the trustee shall destroy those records by-- ``(A) if the records are written, shredding or burning the records; or ``(B) if the records are magnetic, optical, or other electronic records, by otherwise destroying those records so that those records cannot be retrieved.''. (b) Clerical Amendment.--The chapter analysis for chapter 3 of title 11, United States Code, is amended by inserting after the item relating to section 350 the following: ``351. Disposal of patient records.''. SEC. 3. ADMINISTRATIVE EXPENSE CLAIM FOR COSTS OF CLOSING A HEALTH CARE BUSINESS. Section 503(b) of title 11, United States Code, is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) the actual, necessary costs and expenses of closing a health care business incurred by a trustee, including any cost or expense incurred-- ``(A) in disposing of patient records in accordance with section 351; or ``(B) in connection with transferring patients from the health care business that is in the process of being closed to another health care business.''. SEC. 4. APPOINTMENT OF OMBUDSMAN TO ACT AS PATIENT ADVOCATE. (a) In General.-- (1) Appointment of ombudsman.--Subchapter II of chapter 3 of title 11, United States Code, is amended by inserting after section 331 the following: ``Sec. 332. Appointment of ombudsman ``(a) Not later than 30 days after a case is commenced by a health care business under chapter 7, 9, or 11, the court shall appoint an ombudsman to represent the interests of the patients of the health care business. ``(b) An ombudsman appointed under subsection (a) shall-- ``(1) monitor the quality of patient care, to the extent necessary under the circumstances, including reviewing records and interviewing patients and physicians; ``(2) not later than 60 days after the date of appointment, and not less frequently than every 60 days thereafter, report to the court, at a hearing or in writing, regarding the quality of patient care at the health care business involved; and ``(3) if the ombudsman determines that the quality of patient care is declining significantly or is otherwise being materially compromised, notify the court by motion or written report, with notice to appropriate parties in interest, immediately upon making that determination. ``(c) An ombudsman shall maintain any information obtained by the ombudsman under this section that relates to patients (including information relating to patient records) as confidential information.''. (2) Clerical amendment.--The chapter analysis for chapter 3 of title 11, United States Code, is amended by inserting after the item relating to section 331 the following: ``332. Appointment of ombudsman.''. (b) Compensation of Ombudsman.--Section 330(a)(1) of title 11, United States Code, is amended-- (1) in the matter proceeding subparagraph (A), by inserting ``an ombudsman appointed under section 331, or'' before ``a professional person''; and (2) in subparagraph (A), by inserting ``ombudsman,'' before ``professional person''. SEC. 5. DEBTOR IN POSSESSION; DUTY OF TRUSTEE TO TRANSFER PATIENTS. (a) In General.--Section 704(a) of title 11, United States Code, is amended-- (1) in paragraph (8), by striking ``and'' at the end; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(10) use all reasonable and best efforts to transfer patients from a health care business that is in the process of being closed to an appropriate health care business that-- ``(A) is in the vicinity of the health care business that is closing; ``(B) provides the patient with services that are substantially similar to those provided by the health care business that is in the process of being closed; and ``(C) maintains a reasonable quality of care.''. (b) Conforming Amendment.--Section 1106(a)(1) of title 11, United States Code, is amended by striking ``and 704(9)'' and inserting ``704(9), and 704(10)''.

Amends bankruptcy provisions to prescribe guidelines for disposal of the patient records of a health care business (including a hospital, a health maintenance organization, or a nursing home) that commences a proceeding for debtor relief. Provides for disposal with a State or Federal agency, the patient or an insurance provider, or by destruction. (Sec. 3) Allows an administrative expense claim for the costs of closing a health care business, including disposal of patient records and transfer of patients to another health care business. (Sec. 4) Requires the bankruptcy court to appoint an ombudsman to represent the interests of the patients of a health care business within 30 days after commencement of a case under chapter 7 (Liquidation), 9 (Adjustment of Debts of a Municipality), or 11 (Reorganization). (Sec 5.) Requires the bankruptcy trustee to use all reasonable and best efforts to transfer patients from the health care business in the process of being closed to an appropriate substitute.

A bill to amend title 11, United States Code, to provide for health care and employee benefits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inclusive Home Design Act of 2003''. SEC. 2. DEFINITIONS. As used in this Act: (1) Accessible route.--The term ``accessible route'' means a continuous unobstructed path that-- (A) can be negotiated by a person with a disability using a wheelchair; and (B) is safe for and usable by people with other disabilities and people without disabilities. (2) Covered dwelling unit.--The term ``covered dwelling unit'' means a dwelling unit that-- (A) is a detached single family house, a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures), or a ground- floor unit in a building of three or fewer dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C) was designed, constructed, or commissioned, contracted or otherwise arranged for design or construction, by any person or entity who, at any time during the design or construction, received Federal financial assistance for any program or activity; and (D) is made available for first occupancy after the expiration of the one-year period beginning on the date of the enactment of this Act. (3) Environmental controls.--The term ``environmental controls'' means, for a dwelling unit, any switches or devices that control or regulate lights, temperature, fans, doors, security system features, or any other feature included in the new construction of the unit. (4) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or any program or activity or such agencies, through any grant, loan, contract, or any other arrangement, after the expiration of the one-year period beginning on the date of the enactment of this Act, including-- (i) grants, subsidies, or any other funds; (ii) services of Federal personnel; (iii) real or personal property or any interest in or use of such property, including-- (I) transfers or leases of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not returned to the Federal Government; (iv) any tax credit, mortgage or loan guarantee or insurance; and (v) community development funds in the form of obligations guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); or (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (5) Person or entity.--The term ``person or entity'' includes one or more individuals, corporations (including not- for-profit corporations), partnerships, associations, labor organizations, legal representatives, mutual corporations, joint-stock companies, trusts, unincorporated associations, trustees, trustees in cases under title 11 of the United States Code, receivers, and fiduciaries. SEC. 3. VISITABILITY REQUIREMENT. It shall be unlawful for any person referred to in section 2(2)(C) with respect to a covered dwelling unit to fail to ensure that such dwelling unit contains at least one level that complies with the following requirements: (1) Accessible entrance.-- (A) In general.--Except as provided in subparagraph (B), the level shall contain at least one entrance to the dwelling unit that-- (i) is accessible to, and usable by, people with disabilities such that all rooms on the level are connected by an accessible route; (ii) does not contain any steps or any door threshold that exceeds one-half inch in height; and (iii) is located on a continuous unobstructed path from the public street or driveway that serves the unit, which path-- (I) at no point has a slope exceeding one inch in rise for every 12 inches in length; (II) has a width of not less than 36 inches; (III) has a cross slope not greater than two percent of the width; (IV) is an accessible route; and (V) may include curb ramps, parking access aisles, walks, and ramps. (B) Exceptions.--The provisions of clauses (ii) and (iii) of subparagraph (A) shall not apply to a covered dwelling unit if-- (i) the finished grade of the site is too steep to provide a path having a slope meeting the requirements of subclause (I) of subparagraph (A)(iii) at the front, side, or back of the unit; (ii) there is no driveway serving the unit; and (iii) there is no alley or other roadway capable of providing vehicular access to the rear of the unit. (2) Accessible interior doors.--All doors that are designed to allow passage within the level shall have an unobstructed opening of at least 32 inches when the door is open at a 90- degree angle. (3) Accessible environmental controls.--All environmental controls located on the level shall be located on the wall-- (A) at least 15 inches, but not more than 48 inches, above the floor; or (B) in the case of environmental controls located directly above a counter, sink, or appliance, not more than three inches above such counter, sink, or appliance. (4) Accessible habitable space and bathroom.--The level shall contain the following: (A) Habitable space.--At least one indoor room that has an area of not less than 70 square feet and contains no side or dimension narrower than seven feet. (B) Bathroom.--At least one bathroom that contains, at a minimum, the following: (i) Clear floor space.--Clear floor space of 30 by 48 inches centered on and contiguous to the sink, which is not encroached by the swing path of the bathroom door. (ii) Accessible sink and toilet.--A sink and a toilet that each allow for a parallel or head-on approach by a person in a wheelchair. (iii) Reinforced walls.--Walls that are reinforced to be capable of supporting grab bars that resist shear and bending forces of a minimum of 250 pounds, as follows: (I) All walls adjacent to the toilet shall have horizontal backing reinforcements, each at least 33 inches, but not more than 36 inches, above the floor, and sufficient to allow for a 24-inch grab bar on the wall behind the toilet and another 42- inch grab bar. (II) If a bathtub is present in the bathroom, such reinforcements shall include (aa) two backing reinforcements on the back wall of the bathtub, each at least 24 inches long and not more than 24 inches from the head end wall and not more than 12 inches from the foot end wall, one in a horizontal position at least 33 inches, but not more than 36 inches, above the floor, and one 9 inches above the rim of the bathtub, (bb) one backing reinforcement on the foot end wall of the bathtub, at least 24 inches long and located at the front edge of the bathtub, and (cc) one backing reinforcement on the head end wall of the bathtub, at least 12 inches long and located at the front edge of the bathtub. (III) If a shower is present in the bathroom, such reinforcements shall include backing reinforcements on at least two walls on which the control valve is not located, each at least 33 inches, but not more than 36 inches, above the floor. SEC. 4. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--Each applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for such assistance that all of its programs and activities will be conducted in compliance with this Act. (b) Approval of Architectural and Construction Plans.-- (1) Submission.--Any applicant for or recipient of Federal financial assistance who designs, constructs, or commissions, contracts, or otherwise arranges for design or construction of a covered dwelling unit shall submit architectural and construction plans for such unit to the State or local department or agency that is responsible, under applicable State or local law, for the review and approval of construction plans for compliance with generally applicable building codes or requirements (in this subsection referred to as the ``appropriate State or local agency''). (2) Determination of compliance.-- (A) Condition of federal housing assistance.--The Secretary of Housing and Urban Development may not provide any Federal financial assistance under any program administered by such Secretary to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary, taking the enforcement actions under subparagraph (B). (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted pursuant to paragraph (1) and approving or disapproving such plans based upon compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until such compliance is determined. (c) Civil Action for Private Persons.--Any person aggrieved by an act or omission that is unlawful under this Act may commence a civil action in an appropriate United States district court or State court against any person or entity responsible for any part of the design or construction of a covered dwelling unit no later than two years after the occurrence or termination of the alleged unlawful conduct under this Act. For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the requirements of this Act shall not be considered to terminate until the violation is corrected. (d) Enforcement by Attorney General.--Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated this Act, the Attorney General may commence a civil action in any appropriate United States district court. The Attorney General may also, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this title has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). (f) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (g) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this title. SEC. 5. EFFECT ON STATE LAWS. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution or any other Act of the Congress. SEC. 7. SEVERABILITY OF PROVISIONS. If any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.

Inclusive Home Design Act of 2003 - Requires, with exceptions, newly constructed, federally assisted single family houses and town houses to include at least one level that complies with the following accessibility features for persons with disabilities: (1) accessible entrance; (2) accessible interior doors; (3) accessible environmental controls; and (4) accessible habitable space and an accessible bathroom. Requires: (1) each applicant for Federal financial assistance to submit compliance assurances to the relevant Federal agency, and (2) each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans for State or local approval. Prohibits Federal financial assistance to a State or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings. Permits: (1) private civil actions in a United States District Court or State court for violations under this Act; and (2) the Attorney General to commence civil actions or intervene in civil actions under this Act.

To require all newly constructed, federally assisted, single-family houses and town houses to meet minimum standards of visitability for persons with disabilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``General Aviation Security Act of 2005''. SEC. 2. GENERAL AVIATION AIRPORT SECURITY. (a) In General.--Subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44926. General aviation airport security ``(a) Definitions.--In this section, the following definitions apply: ``(1) General aviation airport.--The term `general aviation airport' means an airport that serves the operation of civilian aircraft for purposes other than commercial passenger transport, including personal, business, and instructional flying, and that the Secretary of Homeland Security determines, by regulation, is subject to the requirements of this section. ``(2) Private-use airport.--The term `private-use airport' means a general aviation airport used exclusively by the owner of the airport and persons authorized by the owner. ``(3) Public-use airport.--The term `public-use airport' means a general aviation airport available for use by the general public without a requirement for the prior approval of the owner or operator of the airport except as may be required by Federal law or regulation. ``(b) Registration.-- ``(1) In general.--In order to enhance the security at the general aviation airports of the United States, the Secretary of Homeland Security shall require a person desiring to operate a private-use or public-use airport to register with the Secretary within one year of the date of enactment of this section. ``(2) Initial registration.-- ``(A) Period of effectiveness.--The registration of a private-use or public-use airport under this subsection shall be effective for a period of 3 years. ``(B) Forms.--The registration shall be submitted on forms provided by the Secretary. Such forms shall contain the following information: ``(i) The physical and mailing addresses of the airport. ``(ii) The telephone number, facsimile number, and e-mail address of the airport. ``(iii) The name or names and telephone number or numbers of one or more 24-hour security contact persons, as designated by the airport. ``(iv) A map showing the location and general boundaries of the airport. ``(v) Such other information as the Secretary may reasonably prescribe. ``(3) Security plan.--The registration also shall be accompanied by the written security plan required under subsection (c). ``(4) Renewal of registration.-- ``(A) Period for renewals.--A private-use or public-use airport shall renew its registration with the Secretary every 3 years. ``(B) Forms.--Requests for renewal shall be made on forms supplied by the Secretary and shall not be accepted unless accompanied with an updated written security plan as provided in subsection (c). ``(5) Fee.--The Secretary may impose fees to cover the costs of incurred by the Secretary in carrying out registrations and renewals under this subsection, and shall ensure that any such fee is reasonably related, as determined by the Secretary, to such costs. ``(c) Written Security Plan.-- ``(1) Submission to secretary.--The Secretary shall require each private-use and public-use airport to document its security procedures in a written security plan that is consistent with the most recent security guidelines for general aviation airports published by the Transportation Security Administration. ``(2) Updates.--The Secretary shall require an airport that submits a plan under paragraph (1) to submit to the Secretary an updated version of the plan every 3 years with the airport's renewal application for registration under subsection (b). ``(3) Security enhancement recommendations.-- ``(A) Consideration in developing written plans.-- In developing a written security plan, an airport shall consider the applicable security enhancement recommendations contained in the most recent security guidelines for general aviation airports published by the Transportation Security Administration. ``(B) Descriptions and justifications.--A written security plan shall include a description of how the airport has addressed each applicable recommendation of such guidelines and a justification for not adopting any applicable recommendation suggested by such guidelines for the airport's security characteristics. ``(4) Use of self-assessment measurement tools.--Applicable recommendations from such guidelines shall be determined by an airport by using the airport characteristics self-assessment measurement tool available in such document and any other self- assessment tools subsequently issued by the Transportation Security Administration. ``(5) Submission to local law enforcement agencies.--In addition to submitting a written security plan to the Secretary under subsection (b), a private-use and public-use airport shall submit a copy of the plan and all updates of the plan to local law enforcement agencies having jurisdiction over the airport. ``(d) Additional Requirements.-- ``(1) Private-use airports.--In addition to the other provisions of this section, the Secretary shall ensure that private-use airports meet the following requirements: ``(A) Require all aircraft to be double-locked, with one lock internal to the aircraft, and one lock external to the aircraft, when such aircraft is not in operation. ``(B) Provide that all hangars be locked when not in use. ``(C) Provide adequate fencing for secure areas. ``(2) Public-use airports.--In addition to the other provisions of this section, the Secretary shall ensure that public-use airports meet the requirements of private-use airports set forth in paragraph (1) and the following additional requirements: ``(A) Require verification of the identity of all aircraft passengers by the aircraft crew. ``(B) Maintain a log of all transient aircraft for a minimum of 5 years. ``(C) Develop a written list of emergency contacts and telephone numbers, to be available to airport personnel. ``(D) Restrict the access of unlicensed persons and student pilots to aircraft keys. ``(E) Require persons renting aircraft to present government-issued identification, which identification shall be in addition to any pilot's license. ``(F) Post airport security warning signs and advisories where appropriate. ``(G) Create an emergency locator map, which may be hand-drawn generally to scale, identifying areas such as runways, ramp areas, fence lines, gates, and sites and provide copies of such map to emergency response agencies serving such airport, to law enforcement agencies having jurisdiction over such airport, and appropriate airport personnel. Whenever there is a physical change involving such areas, such map shall be revised and resubmitted to the such emergency response and law enforcement agencies and airport personnel within 60 days of such change. ``(H) Familiarize local law enforcement with the airport and consult with them in the airport's development of appropriate security procedures. ``(e) Statement on Confidentiality.--The map required under subsection (c)(2)(G) and the written security plan required under subsection (c) shall each prominently display the following statement: `This document may contain information that if disclosed could endanger the life or safety of the public, and therefore this document is to be maintained and used in a manner which preserves the confidentiality of the information contained herein in a manner consistent with law.'. ``(f) Limitation on Disclosure of Information.--Notwithstanding any other provision of law, neither the Secretary, nor any agency receiving information from the Secretary, shall disclose safety or security related information obtained from airports under this section if the Secretary finds that withholding such information from disclosure would be consistent with the Secretary's safety and security responsibilities.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``44926. General aviation airport security.''.

General Aviation Security Act of 2005 - Amends federal transportation law to require a person who desires to operate a private-use or public-use airport to register and submit a written security plan with the Secretary of Homeland Security so as to enhance the security at U.S. general aviation airports. Requires an airport in developing the security plan to consider applicable security enhancement recommendations contained in the most recent security guidelines for general aviation airports published by the Transportation Security Administration (TSA). Requires private-use and public-use airports to meet certain security requirements.

To amend title 49, United States Code, to enhance security at general aviation airports in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Police Reporting Information, Data, and Evidence Act of 2017'' or the ``PRIDE Act''. SEC. 2. DEFINITIONS. In this Act: (1) Byrne grant program.--The term ``Byrne grant program'' means any grant program 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.), without regard to whether the funds are characterized as being made available under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791). (3) Law enforcement officer.--The term ``law enforcement officer'' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law. (4) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791). (5) Use of force.--The term ``use of force'' includes the use of a firearm, Taser, explosive device, chemical agent (such as pepper spray), baton, impact projectile, blunt instrument, hand, fist, foot, canine, or vehicle against an individual. SEC. 3. USE OF FORCE REPORTING. (a) Reporting Requirements.-- (1) In general.--Beginning in the first fiscal year beginning after the date of enactment of this Act and each fiscal year thereafter in which a State or Indian tribe receives funds under a Byrne grant program, the State or Indian tribe shall-- (A) report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding-- (i) any incident involving the shooting of a civilian by a law enforcement officer who is employed-- (I) in the case of an Indian tribe, by the Indian tribe; or (II) in the case of a State, by the State or by a unit of local government in the State; (ii) any incident involving the shooting of a law enforcement officer described in clause (i) by a civilian; and (iii) any incident in which use of force by or against a law enforcement officer described in clause (i) occurs, which is not reported under clause (i) or (ii); (B) establish a system and a set of policies to ensure that all use of force incidents are reported by law enforcement officers; and (C) submit to the Attorney General a plan for the collection of data required to be reported under this section, including any modifications to a previously submitted data collection plan. (2) Report information required.-- (A) In general.--The report required under paragraph (1)(A) shall contain information that includes, at a minimum-- (i) the national origin, sex, race, ethnicity, age, physical disability, mental disability, English language proficiency, housing status, and school status of each civilian against whom a law enforcement officer used force; (ii) the date, time, and location, including zip code, of the incident and whether the jurisdiction in which the incident occurred allows for the open-carry or concealed-carry of a firearm; (iii) whether the civilian was armed, and, if so, the type of weapon the civilian had; (iv) the type of force used against the officer, the civilian, or both, including the types of weapons used; (v) the reason force was used; (vi) a description of any injuries sustained as a result of the incident; (vii) the number of officers involved in the incident; (viii) the number of civilians involved in the incident; and (ix) a brief description regarding the circumstances surrounding the incident, which shall include information on-- (I) the type of force used by all involved persons; (II) the legitimate police objective necessitating the use of force; (III) the resistance encountered by each law enforcement officer involved in the incident; (IV) the efforts by law enforcement officers to-- (aa) de-escalate the situation in order to avoid the use of force; or (bb) minimize the level of force used; and (V) if applicable, the reason why efforts described in subclause (IV) were not attempted. (B) Incidents reported under death in custody reporting act.--A State is not required to include in a report under subsection (a)(1) an incident reported by the State in accordance with section 20104(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13704(a)(2)). (3) Audit of use-of-force reporting.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, each State and Indian tribe described in paragraph (1) shall-- (A) conduct an audit of the use of force incident reporting system required to be established under paragraph (1)(B); and (B) submit a report to the Attorney General on the audit conducted under subparagraph (A). (4) Compliance procedure.--Prior to submitting a report under paragraph (1)(A), the State or Indian tribe submitting such report shall compare the information compiled to be reported pursuant to clause (i) of paragraph (1)(A) to open- source data records, and shall revise such report to include any incident determined to be missing from the report based on such comparison. Failure to comply with the procedures described in the previous sentence shall be considered a failure to comply with the requirements of this section. (b) Ineligibility for Funds.-- (1) In general.--For any fiscal year in which a State or Indian tribe fails to comply with this section, the State or Indian tribe, at the discretion of the Attorney General, shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State or Indian tribe under a Byrne grant program. (2) Reallocation.--Amounts not allocated under a Byrne grant program in accordance with paragraph (1) to a State for failure to comply with this section shall be reallocated under the Byrne grant program to States that have not failed to comply with this section. (c) Public Availability of Data.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. (2) Privacy protections.--Nothing in this subsection shall be construed to supersede the requirements or limitations under section 552a of title 5, United States Code (commonly known as the ``Privacy Act of 1974''). (d) Guidance.--Not later than 180 days after the date of enactment of this Act, the Attorney General, in coordination with the Director of the Federal Bureau of Investigation, shall issue guidance on best practices relating to establishing standard data collection systems that capture the information required to be reported under subsection (a)(2), which shall include standard and consistent definitions for terms, including the term ``use of force'' which is consistent with the definition of such term in section 2. SEC. 4. COMMUNITY AND LAW ENFORCEMENT PARTNERSHIP GRANT PROGRAM. (a) Grants Authorized.--The Attorney General may make grants to eligible law enforcement agencies to be used for the activities described in subsection (c). (b) Eligibility.--In order to be eligible to receive a grant under this section a law enforcement agency shall-- (1) be located in a State or Indian tribe that receives funds under a Byrne grant program; (2) employ not more than 100 law enforcement officers; (3) demonstrate that the use of force policy for law enforcement officers employed by the law enforcement agency is publicly available; and (4) establish and maintain a reporting system that may be used by members of the public to report incidents of use of force to the law enforcement agency. (c) Activities Described.--A grant made under this section may be used by a law enforcement agency for-- (1) the cost of assisting the State or Indian tribe in which the law enforcement agency is located in complying with the reporting requirements described in section 3; (2) the cost of establishing necessary systems required to investigate and report incidents as required under subsection (b)(4); (3) public awareness campaigns designed to gain information from the public on use of force by or against law enforcement officers, including shootings, which may include tip lines, hotlines, and public service announcements; and (4) use of force training for law enforcement agencies and personnel, including training on de-escalation, implicit bias, crisis intervention techniques, and adolescent development. SEC. 5. COMPLIANCE WITH REPORTING REQUIREMENTS. (a) In General.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall conduct an audit and review of the information provided under this Act to determine whether each State or Indian tribe described in section 3(a)(1) is in compliance with the requirements of this Act. (b) Consistency in Data Reporting.-- (1) In general.--Any data reported under this Act shall be collected and reported in a manner consistent with existing programs of the Department of Justice that collect data on law enforcement officer encounters with civilians. (2) Guidelines.--The Attorney General shall-- (A) issue guidelines on the reporting requirement under section 3; and (B) seek public comment before finalizing the guidelines required under subparagraph (A). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this Act.

Police Reporting Information, Data, and Evidence Act of 2017 or the PRIDE Act This bill requires a state or Indian tribe that receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to report on use-of-force incidents involving a law enforcement officer and a civilian. The Department of Justice (DOJ) may reduce by up to 10% the JAG allocation of a state or Indian tribe that fails to comply. The bill authorizes DOJ to make grants to law enforcement agencies to comply with reporting requirements, establish reporting systems, promote public awareness, and train law enforcement personnel with respect to use-of-force incidents.

Police Reporting Information, Data, and Evidence Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Employer Tax Assistance for Health Coverage Act of 2002''. SEC. 2. CREDIT FOR SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45G. SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of an employer, the employee health insurance expenses credit determined under this section is an amount equal to the applicable percentage of the amount paid by the taxpayer during the taxable year for qualified employee health insurance expenses. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is equal to-- ``(1) in the case of an employer with not more than 10 qualified employees the average annual rate of wages of whom paid or incurred by such employer during the taxable year does not exceed $10,000, 50 percent, ``(2) in the case of an employer with not more than 10 qualified employees the average annual rate of wages of whom paid or incurred by such employer during the taxable year exceeds $10,000, the excess of-- ``(A) 50 percent, over ``(B) the percentage points equal to-- ``(i) the product of-- ``(I) 1.667, and ``(II) the amount by which such average annual rate of wages exceeds $10,000, divided by ``(ii) 1,000, ``(3) in the case of an employer with more than 10 qualified employees the average annual rate of wages of whom paid or incurred by such employer during the taxable year does not exceed $10,000, the excess of-- ``(A) 50 percent, over ``(B) the percentage points equal to the product of-- ``(i) 1.25, and ``(ii) the number of qualified employees in excess of 10, and ``(4) in the case of an employer with more than 10 qualified employees the average annual rate of wages of whom paid or incurred by such employer during the taxable year exceeds $10,000, the excess of-- ``(A) the percentage which would be determined under paragraph (3) for such an employer, over ``(B) the percentage points equal to-- ``(i) the product of-- ``(I) the number of qualified employees divided by 6, and ``(II) the amount by which such average annual rate of wages exceeds $10,000, divided by ``(ii) 1,000. For purposes of this subsection, the applicable percentage is equal to zero if the applicable percentage determined under paragraph (2), (3), or (4) is less than zero. For purposes of this subsection, in the case of an employer with not more than 50 qualified employees the average annual rate of wages of whom paid or incurred by such employer during the taxable year does not exceed $30,000, the applicable percentage shall not be less than the percentage otherwise determined under this subsection or 5 percent. ``(c) Per Employee Dollar Limitation.-- ``(1) In general.--The amount of qualified employee health insurance expenses taken into account under subsection (a) with respect to any qualified employee for any taxable year shall not exceed-- ``(A) $2,000 in the case of self-only coverage, and ``(B) $5,000 in the case of family coverage. ``(2) Limitation with respect to coverage for portion of year.--In the case of the coverage of a qualified employee for only a portion of the taxable year, the limitation under paragraph (1) shall be an amount which bears the same ratio to such limitation (determined without regard to this sentence) as such portion bears to the entire taxable year. ``(d) Special Rules and Definitions.--For purposes of this section-- ``(1) Determination of employment.-- ``(A) In general.--An employer shall be considered an employer described in subsection (b) if such employer employed an average of the number of employees described in such subsection on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage if such coverage is provided to at least 50 percent of the qualified employees of the employer. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(C) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by paragraph (1) of section 9832(b) (determined by disregarding the last sentence of paragraph (2) of such section). ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means any employee who normally works more than 30 hours per week for the employer other than an employee who-- ``(i) is eligible to participate in any subsidized health plan (within the meaning of section 162(l)(2)) maintained by any employer of the employee or of the spouse of the employee, ``(ii) is entitled to any benefits under title XVIII of the Social Security Act, ``(iii) is a participant in the program under title XIX or XXI of such Act, or ``(iv) is eligible for any benefit provided to such employee under-- ``(I) chapter 89 of title 5, United States Code, ``(II) chapter 55 of title 10, United States Code, ``(III) chapter 17 of title 38, United States Code, or ``(IV) any medical care program under the Indian Health Care Improvement Act. ``(B) Treatment of certain employees.--The term `employee'-- ``(i) shall not include an employee within the meaning of section 401(c)(1), but ``(ii) shall include a leased employee within the meaning of section 414(n). ``(4) Wages.--The term `wages' has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(f) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to qualified employee health insurance expenses taken into account under subsection (a).''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following: ``(16) the employee health insurance expenses credit determined under section 45G.''. (c) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the employee health insurance expenses credit determined under section 45G may be carried back to a taxable year ending before January 1, 2003.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45G. Small business employee health insurance expenses.''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2002, for coverage established after the date of the enactment of this Act.

Small Employer Tax Assistance for Health Coverage Act of 2002 - Amends the Internal Revenue Code to allow small employers a limited credit for employee health insurance expenses.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``International and Foreign Language Studies Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In recent years, foreign language needs have significantly increased throughout the Federal Government due to the presence of a wider range of security threats, the emergence of new nation states, and the globalization of the United States economy. (2) Likewise, American businesses increasingly need internationally and multiculturally experienced employees to compete in the global economy and to manage a culturally diverse workforce. (3) In 2005, the Federal Government requires 34,000 employees with foreign language skills across more than 70 Federal agencies. (4) Federal agency officials have stated that, over the years, translator and interpreter shortfalls have adversely affected agency operations and hindered United States military, law enforcement, intelligence, counterterrorism, and diplomatic efforts. (5) In a 2002 General Accounting Office report, the United States Army reported that it was experiencing serious shortfalls of translators and interpreters in 5 of its 6 critical languages: Arabic, Korean, Mandarin Chinese, Persian- Farsi, and Russian. (6) The number of Foreign Language and Area Studies Fellowships awarded in 2003 was 30 percent less than the number awarded at its high point in 1967. (7) In the 2000-2001 school year, the number of foreign language degrees conferred was 1 percent of the total number of undergraduate degrees conferred, less than .05 percent of the total number of masters degrees conferred, and 1 percent of the total number of doctoral degrees conferred. (8) In the 2004 National Survey of Student Engagement, almost \1/3\ of undergraduates reported taking foreign language coursework, while only 11 percent reported having studied abroad. (9) According to the American Council on Education, in recent studies, \1/2\ of all students surveyed had taken not less than 1 international course during the 2000-2001 school year, but foreign language enrollment remained static. (10) In 2002, 79 percent of Americans agreed that students should have a study-abroad experience sometime during college. (11) More than 40 percent of Americans said they were more likely to favor an increase in State-level funding for foreign language education at their local college or university after September 11, 2001. SEC. 3. REFERENCES. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). TITLE I--INTERNATIONAL AND FOREIGN LANGUAGE STUDIES SEC. 101. FINDINGS. Section 601 (20 U.S.C. 1121) is amended-- (1) in subsection (a)(3), by striking ``post-Cold War''; and (2) in subsection (b)(1)(D), by inserting ``, including through linkages with overseas institutions'' before the semicolon. SEC. 102. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND PROGRAMS. Section 602 (20 U.S.C. 1122) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (G), by striking ``and'' after the semicolon; (ii) in subparagraph (H), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(I) support for instructors of the less commonly taught languages.''; and (B) in paragraph (4)-- (i) by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F), respectively; (ii) by inserting after subparagraph (B) the following: ``(C) Programs of linkage or outreach between or among-- ``(i) foreign language, area studies, or other international fields; and ``(ii) State educational agencies or local educational agencies.''; and (iii) in subparagraph (F) (as redesignated by clause (i)), by striking ``and (D)'' and inserting ``(D), and (E)''; (2) in subsection (b)-- (A) in the subsection heading, by inserting ``and Undergraduate'' after ``Graduate''; and (B) by striking paragraph (2) and inserting the following: ``(2) Eligible student.--A student receiving a stipend described in paragraph (1) shall be engaged-- ``(A) in an instructional program with stated performance goals for functional foreign language use or in a program developing such performance goals, in combination with area studies, international studies, or the international aspects of a professional studies program; and ``(B)(i) in the case of an undergraduate student, in the intermediate or advanced study of a less commonly taught language; or ``(ii) in the case of a graduate student, in graduate study in connection with a program described in subparagraph (A), including predissertation level study, preparation for dissertation research, dissertation research abroad, or dissertation writing.''; and (3) by striking subsection (d) and inserting the following: ``(d) Allowances.-- ``(1) Graduate level recipients.--A stipend awarded to a graduate level recipient may include allowances for dependents and for travel for research and study in the United States and abroad. ``(2) Undergraduate level recipients.--A stipend awarded to an undergraduate level recipient may include an allowance for educational programs in the United States or abroad that-- ``(A) are closely linked to the overall goals of the recipient's course of study; and ``(B) have the purpose of promoting foreign language fluency and cultural knowledge.''. SEC. 103. USE OF FUNDS IN UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAMS. Section 604 (20 U.S.C. 1124) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) by redesignating subparagraphs (I) through (M) as subparagraphs (J) through (N), respectively; and (ii) by inserting after subparagraph (H) the following: ``(I) providing subgrants to undergraduate students for educational programs abroad that-- ``(i) are closely linked to the overall goals of the program for which the grant is awarded; and ``(ii) have the purpose of promoting foreign language fluency and cultural knowledge;''; and (B) by adding at the end the following: ``(9) Limitation on undergraduate grants.--An institution of higher education, a combination of such institutions, or a partnership awarded a grant under this section shall use not more than 10 percent of the grant funds for the use described in paragraph (2)(I).''; and (2) by striking subsection (c). SEC. 104. AUTHORIZED ACTIVITIES. Section 605(a) (20 U.S.C. 1125(a)) is amended-- (1) in paragraph (8), by striking ``and'' after the semicolon; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(10) the systematic collection, analysis, and dissemination of data that contribute to achieving the purposes of this part.''. SEC. 105. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN INFORMATION ACCESS. Section 606 (20 U.S.C. 1126) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Authority.--The Secretary is authorized to make grants to eligible entities for the purpose of developing innovative techniques or programs using electronic technologies to collect, organize, preserve, and widely disseminate information from foreign sources on world regions and countries other than the United States that address our Nation's teaching and research needs in international education and foreign languages.''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``to facilitate access to or'' and by inserting ``to acquire, facilitate access to, or''; (B) in paragraph (3), by inserting ``and standards'' after ``means''; (C) in paragraph (6), by striking ``and''; (D) in paragraph (7), by striking the period and inserting a semicolon; and (E) by adding at the end the following: ``(8) to establish linkages, between the eligible entities and libraries, organizations, and institutions of higher education overseas, to facilitate carrying out the purpose described in subsection (a); or ``(9) to carry out other activities that the Secretary determines are consistent with the purpose of the grants under this section.''; (3) in subsection (c), by striking ``institution or consortium'' and inserting ``eligible entity''; and (4) by adding at the end the following: ``(e) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) an institution of higher education; ``(2) a public or nonprofit private library; ``(3) a consortium of such institutions or libraries; or ``(4) a partnership between-- ``(A) such an institution or library; and ``(B) a nonprofit educational organization.''. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. Section 610 (20 U.S.C. 1128b) is amended by striking ``$80,000,000 for fiscal year 1999'' and inserting ``$120,000,000 for fiscal year 2006''. TITLE II--BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Section 614 (20 U.S.C. 1130b) is amended-- (1) in subsection (a)-- (A) by striking ``$11,000,000'' and inserting ``$20,000,000''; and (B) by striking ``1999'' and inserting ``2006''; and (2) in subsection (b)-- (A) by striking ``$7,000,000'' and inserting ``$10,000,000''; and (B) by striking ``1999'' and inserting ``2006''. TITLE III--INSTITUTE FOR INTERNATIONAL PUBLIC POLICY SEC. 301. WAIVER OF MATCH REQUIREMENT FOR PROFESSIONAL DEVELOPMENT PROGRAM. Section 621(e) (20 U.S.C. 1131(e)) is amended-- (1) by striking ``Match Required.--The eligible'' and inserting ``Matching Funds.-- ``(1) In general.--Subject to paragraph (2), the eligible''; and (2) by adding at the end the following: ``(2) Waiver.--The Secretary may waive the requirement of paragraph (1) for an eligible recipient if the Secretary determines such waiver is appropriate.''. SEC. 302. INSTITUTIONAL DEVELOPMENT. Section 622(a) (20 U.S.C. 1131-1(a)) is amended by striking ``international affairs programs.'' and inserting ``international affairs, international business, and foreign language study programs at such colleges, universities, and institutions, respectively, through increased collaboration with institutions of higher education that receive funding under this title.''. SEC. 303. ADVANCED DEGREE IN INTERNATIONAL RELATIONS. Section 624 (20 U.S.C. 1131b) is amended-- (1) in the section heading, by striking ``masters'' and inserting ``advanced''; (2) in the first sentence, by inserting ``, and in exceptional circumstances, a doctoral degree,'' after ``masters degree''; and (3) in the second sentence, by striking ``masters degree'' and inserting ``advanced degree''. SEC. 304. FINANCIAL ASSISTANCE. (a) Financial Assistance.--Part C of title VI (20 U.S.C. 1131 et seq.) is amended-- (1) by redesignating sections 626, 627, and 628 as sections 627, 628, and 629, respectively; and (2) by inserting after section 625 the following new section: ``SEC. 626. FINANCIAL ASSISTANCE. ``(a) Authority.--The Institute may provide financial assistance, in the form of summer stipends described in subsection (b) and Ralph Bunche scholarship assistance described in subsection (c), to needy students to facilitate the participation of the students in the Institute programs under this part. ``(b) Summer Stipends.-- ``(1) Requirements.--A student receiving a summer stipend under this section shall use such stipend to defray the student's cost of participation in a summer institute program funded under this part, including the costs of travel, living, and educational expenses necessary to the student's participation in such program. ``(2) Amount.--A summer stipend awarded to a student under this section shall be not more than $3,000 per summer. ``(c) Ralph Bunche Scholarship.-- ``(1) Requirements.--A student receiving a Ralph Bunche scholarship under this section-- ``(A) shall be a full-time student at an institution of higher education who is accepted into a program funded under this part; and ``(B) shall use such scholarship to pay costs related to the cost of attendance, as defined in section 472, at the institution of higher education at which the student is enrolled. ``(2) Amount and duration.--A Ralph Bunche scholarship awarded to a student under this section shall not exceed $5,000 per academic year.''. (b) Technical Amendment.--Section 628 (as redesignated by subsection (a)(1)) is amended by striking ``section 626'' and inserting ``section 627''. SEC. 305. BIENNIAL REPORT. Part C of title VI (20 U.S.C. 1131 et seq.) is further amended-- (1) in section 627 (as redesignated by section 304(a)(1))-- (A) by striking ``annually''; and (B) by inserting ``in 2006, and biennially thereafter'' after ``a report''; and (2) in section 628 (as redesignated by section 304(1)), by striking ``annual''. SEC. 306. AUTHORIZATION OF APPROPRIATIONS. Section 629 (as redesignated by section 304(a)(1)) (20 U.S.C. 1131f) is amended by striking ``1999'' and inserting ``2006''. TITLE IV--GENERAL PROVISIONS SEC. 401. EVALUATION, OUTREACH, AND INFORMATION DISSEMINATION. Part D of title VI (20 U.S.C. 1132) is amended by adding at the end the following: ``SEC. 632. EVALUATION, OUTREACH, AND INFORMATION DISSEMINATION. ``The Secretary may use not more than 1 percent of the funds made available for this title to carry out program evaluation, national outreach, and information dissemination activities relating to the programs authorized under this title.''.

International and Foreign Language Studies Act of 2005 - Amends the Higher Education Act of 1965 (HEA) to extend the authorization of appropriations for international education programs under title VI: (1) part A, international and foreign language studies; (2) part B, business and international education; and (3) part C, Institute for International Public Policy (IIPP). Authorizes the Secretary of Education to use up to 1% of title VI funds for program evaluation, outreach, and information dissemination. Revises VI-A to: (1) include support for instructors of less commonly taught languages among activities of national language and area centers and programs; (2) make undergraduate students eligible for fellowships for foreign language and area or international studies (in addition to graduate students under current law); (3) allow a portion of funds for undergraduate international studies and foreign language programs to be used for subgrants to undergraduate students for educational programs abroad that promote foreign language literacy and cultural knowledge, and are closely linked to grant program goals; (4) authorize the Secretary of Education to support data collection, analysis, and dissemination that helps achieve VI-A purposes; and (5) add to authorized uses of funds for technological innovation and cooperation for foreign information access. Revises VI-C to authorize the IIPP to provide summer stipends and Ralph Bunche scholarships for needy students to participate in IIPP programs. Authorizes: (1) waiver of an eligible recipient's match requirement for a professional development program; (2) broader institutional development; (3) advanced degrees in international relations; and (4) biennial reports.

A bill to amend title VI of the Higher Education Act of 1965 regarding international and foreign language studies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Construction Assistance Act of 2014''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) According to testimony by the Director of Physical Infrastructure of the General Accountability Office before the Committee on Veterans' Affairs of the House of Representatives in May 2013, schedule delays of major medical center construction projects of the Department of Veterans Affairs have averaged 35 months, with the delays ranging from 14 months to 74 months. (2) The average cost increase attributed to such delays has been $336,000,000 per project. (3) Management of the major medical facility projects currently underway as of the date of the enactment of this Act in Denver, Colorado, Orlando, Florida, and New Orleans, Louisiana, should be subject to the oversight of a special project manager of the Army Corps of Engineers that is independent of the Department of Veterans Affairs because, according to the Comptroller General of the United States, such projects have experienced continuous delays and a total cost increase of nearly $1,000,000,000. (b) Sense of Congress.--It is the sense of Congress that-- (1) the management of the major medical center construction projects of the Department of Veterans Affairs has been an abysmal failure; and (2) in order to minimize repeated delays and cost increases to such projects, the Secretary of Veterans Affairs should fully implement all recommendations made by the Comptroller General of the United States in an April 2013 report to improve construction procedures and practices of the Department. SEC. 3. IMPLEMENTATION OF MAJOR MEDICAL FACILITY CONSTRUCTION REFORMS. Section 8104 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) With respect to each project described in paragraph (2), the Secretary shall-- ``(A) use the services of a medical equipment planner as part of the architectural and engineering firm for the project; ``(B) develop and use a project management plan to ensure clear and consistent communication among all parties; ``(C) subject the project to construction peer excellence review; ``(D) develop-- ``(i) a metrics program to enable the monitoring of change-order processing time; and ``(ii) goals for the change-order process consistent with the best practices of other departments and agencies of the Federal Government; and ``(E) to the extent practicable, use design-build processes to minimize multiple change orders. ``(2) A project described in this paragraph is a construction or alteration project that is a major medical facility project.''. SEC. 4. SPECIAL PROJECT MANAGER FOR CERTAIN MEDICAL CENTER CONSTRUCTION PROJECTS. (a) Appointment of Special Project Manager.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Army Corps of Engineers to procure, on a reimbursable basis, the services of the Army Corps of Engineers with respect to appointing not less than one special project manager who has experience in managing construction projects that exceed $60,000,000 to oversee covered projects until the date on which the project is completed. (b) Duties.--A special project manager appointed under subsection (a) to oversee a covered project shall-- (1) conduct oversight of all construction-related operations at the project, including with respect to-- (A) the performance of the Department of Veterans Affairs involving the prime contractors; and (B) the compliance of the Department with the Federal Acquisition Regulation, including the VA Acquisition Regulation; (2) advise and assist the Department in any construction- related activity at the project, including the approval of change-order requests for the purpose of achieving a timely completion of the project; and (3) conduct independent technical reviews and recommend to the Department best construction practices to improve operations for the project. (c) Plans and Report.-- (1) Completion plans.--Not later than 90 days after being appointed under subsection (a), a special project manager shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate detailed plans of the covered project for which the special project manager is so appointed. (2) Progress reports.--Not later than 180 days after being appointed under subsection (a), and each 180-day period thereafter until the date on which the covered project is completed, a special project manager shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report detailing the progress of the covered project for which the special project manager is so appointed. Each report shall include-- (A) an analysis of all advice and assistance provided to the Department under subsection (b); (B) an analysis of all changes ordered by the Department with respect to the project, or claimed to have been made by contract between the Department and the prime contractor, including the extent to which such changes comply with the Federal Acquisition Regulation, including the VA Acquisition Regulation; (C) an analysis of the communication and working relationship between the Department and the prime contractor, including any recommendations made by the prime contractor to aid in the completion of the project; and (D) identification of opportunities and recommendations with respect to improving the operation of any construction-related activity to reduce costs or complete the project in a more timely manner. (d) Cooperation.-- (1) Information.--The Secretary of Veterans Affairs shall provide a special project manager appointed under subsection (a) with any necessary documents or information necessary for the special project manager to carry out subsections (b) and (c). (2) Assistance.--Upon request by the special project manager, the Secretary shall provide to the special project manager administrative assistance necessary for the special project manager to carry out subsections (b) and (c). (e) Covered Projects Defined.--In this section, the term ``covered projects'' means each construction project that is a major medical facility project (as defined in section 8104(a)(3)(A) of title 38, United States Code) that-- (1) was the subject of a report by the Comptroller General of the United States titled ``Additional Actions Needed to Decrease Delays and Lower Costs of Major Medical-Facility Projects'', numbered GAO-13-302, and published in April 2013; and (2) has not been activated to accept patients as of the date of the enactment of this Act. SEC. 5. PROHIBITION ON NEW APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise made available for such purposes. Passed the House of Representatives September 16, 2014. Attest: KAREN L. HAAS, Clerk.

VA Construction Assistance Act of 2014 - (Sec. 2) Expresses the sense of Congress that: (1) the management of the major medical center construction projects of the Department of Veterans Affairs (VA) has been an abysmal failure; and (2) the Secretary of Veterans Affairs should fully implement all recommendations made by the Comptroller General in an April 2013 report to improve VA construction procedures. (Sec. 3) Requires the Secretary, for any construction or alteration project that is a major medical facility project, to: (1) use the services of a medical equipment planner as part of the architectural and engineering firm for the project, (2) develop and use a project management plan to ensure clear and consistent communication among all parties, (3) subject the project to construction peer excellence review, (4) develop a metrics program to enable the monitoring of change-order processing time and goals for the change-order process consistent with the best practices of other federal agencies, and (5) use design-build processes to minimize multiple change orders. (Sec. 4) Directs the Secretary to procure the services of the Army Corps of Engineers with respect to appointing not less than one special project manager who has experience in managing construction projects that exceed $60 million to oversee such covered projects until completion. Requires a special project manager to submit to specified congressional committees detailed plans of a covered project and progress reports, which shall include an analysis of all changes ordered by the VA and recommendations for improving the operation of any construction-related activity to reduce costs or complete the project in a more timely manner. Defines "covered projects" to mean each construction project that is a major medical facility project that: (1) was the subject of a report by the Comptroller General (GAO) titled "Additional Actions Needed to Decrease Delays and Lower Costs of Major Medical-Facility Projects," published in April 2013; and (2) has not been activated to accept patients as of this Act's enactment. (Sec. 5) Prohibits additional funds from being authorized to be appropriated to carry out this Act.

VA Construction Assistance Act of 2014

OF DISAPPROVAL OF PROPOSED CONTRACTS. (a) Terms of Resolution.--For purposes of this section, the term ``joint resolution'' means only a joint resolution which is introduced within the 5 legislative days beginning on the date on which the head of an agency submits a notification to Congress under section 2(a) and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That Congress disapproves the proposed contract as submitted by ___ on ___, and such contract may not be awarded.'' (the blank spaces being filled in with the appropriate agency head and date); and (3) the title of which is as follows: ``Joint resolution disapproving proposed contract submitted by ___ on ___.'' (the blank spaces being filled in with the appropriate agency head and date). (b) Discharge.--If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the period of 10 legislative days beginning on the date on which the agency submits the notification under section 2(a), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (c) Consideration.-- (1) On or after the third day after the date on which a joint resolution is reported or discharged from committee pursuant to subsection (b), it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. 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 respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (d) Consideration by Other House.-- (1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (e) National Emergency.--In the case of a national emergency declared by the President, with respect to any contract subject to this Act for which the President determines there are urgent and compelling circumstances requiring the award of the contract without waiting for the expiration of the period of 30 legislative days under section 2(b), the President may award the contract using procedures other than competitive procedures pursuant to the authority provided in paragraphs (2) and (6) of section 2304(c) of title 10, United States Code (in the case of a defense contract) or paragraphs (2) and (6) of section 303(c) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c) (in the case of contracts other than defense contracts). (f) Rules of the Senate and House.--This section is enacted by Congress-- (1) 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 resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) 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.

Contract Accountability for Taxpayers Savings Act - Requires Federal agencies to submit to Congress notification of any contracts in amounts greater than $1 million that are proposed to be awarded using procedures other than competitive procedures. Prohibits any agency from awarding such a contract before the expiration of 30 legislative days after submission of the notification. Sets forth procedures for congressional consideration of a joint resolution of disapproval of a proposed contract.

To require agencies to submit to Congress any contracts in amounts greater than $1,000,000 that are proposed to be awarded using noncompetitive procedures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be made available for the payment of salaries and necessary expenses of the Patent and Trademark Office in fiscal year 1999, $66,000,000 from fees collected in fiscal year 1998 and such fees as are collected in fiscal year 1999, pursuant to title 35, United States Code, and the Trademark Act of 1946 (15 U.S.C. 1051 et seq.). Amounts made available pursuant to this section shall remain available until expended. SEC. 3. LEVEL OF FEES FOR PATENT SERVICES. (a) General Patent Fees.--Section 41 of title 35, United States Code, is amended by striking subsection (a) and inserting the following: ``(a) The Commissioner shall charge the following fees: ``(1)(A) On filing each application for an original patent, except in design or plant cases, $760. ``(B) In addition, on filing or on presentation at any other time, $78 for each claim in independent form which is in excess of 3, $18 for each claim (whether independent or dependent) which is in excess of 20, and $260 for each application containing a multiple dependent claim. ``(C) On filing each provisional application for an original patent, $150. ``(2) For issuing each original or reissue patent, except in design or plant cases, $1,210. ``(3) In design and plant cases-- ``(A) on filing each design application, $310; ``(B) on filing each plant application, $480; ``(C) on issuing each design patent, $430; and ``(D) on issuing each plant patent, $580. ``(4)(A) On filing each application for the reissue of a patent, $760. ``(B) In addition, on filing or on presentation at any other time, $78 for each claim in independent form which is in excess of the number of independent claims of the original patent, and $18 for each claim (whether independent or dependent) which is in excess of 20 and also in excess of the number of claims of the original patent. ``(5) On filing each disclaimer, $110. ``(6)(A) On filing an appeal from the examiner to the Board of Patent Appeals and Interferences, $300. ``(B) In addition, on filing a brief in support of the appeal, $300, and on requesting an oral hearing in the appeal before the Board of Patent Appeals and Interferences, $260. ``(7) On filing each petition for the revival of an unintentionally abandoned application for a patent or for the unintentionally delayed payment of the fee for issuing each patent, $1,210, unless the petition is filed under section 133 or 151 of this title, in which case the fee shall be $110. ``(8) For petitions for 1-month extensions of time to take actions required by the Commissioner in an application-- ``(A) on filing a first petition, $110; ``(B) on filing a second petition, $270; and ``(C) on filing a third petition or subsequent petition, $490. ``(9) Basic national fee for an international application where the Patent and Trademark Office was the International Preliminary Examining Authority and the International Searching Authority, $670. ``(10) Basic national fee for an international application where the Patent and Trademark Office was the International Searching Authority but not the International Preliminary Examining Authority, $760. ``(11) Basic national fee for an international application where the Patent and Trademark Office was neither the International Searching Authority nor the International Preliminary Examining Authority, $970. ``(12) Basic national fee for an international application where the international preliminary examination fee has been paid to the Patent and Trademark Office, and the international preliminary examination report states that the provisions of Article 33(2), (3), and (4) of the Patent Cooperation Treaty have been satisfied for all claims in the application entering the national stage, $96. ``(13) For filing or later presentation of each independent claim in the national stage of an international application in excess of 3, $78. ``(14) For filing or later presentation of each claim (whether independent or dependent) in a national stage of an international application in excess of 20, $18. ``(15) For each national stage of an international application containing a multiple dependent claim, $260. For the purpose of computing fees, a multiple dependent claim referred to in section 112 of this title or any claim depending therefrom shall be considered as separate dependent claims in accordance with the number of claims to which reference is made. Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner.''. (b) Patent Maintenance Fees.--Section 41 of title 35, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) The Commissioner shall charge the following fees for maintaining in force all patents based on applications filed on or after December 12, 1980: ``(1) 3 years and 6 months after grant, $940. ``(2) 7 years and 6 months after grant, $1,900. ``(3) 11 years and 6 months after grant, $2,910. Unless payment of the applicable maintenance fee is received in the Patent and Trademark Office on or before the date the fee is due or within a grace period of 6 months thereafter, the patent will expire as of the end of such grace period. The Commissioner may require the payment of a surcharge as a condition of accepting within such 6-month grace period the payment of an applicable maintenance fee. No fee may be established for maintaining a design or plant patent in force.''. SEC. 4. AUTHORIZATION OF COLLECTION AND EXPENDITURE. Section 42(c) of title 35, United States Code, is amended by striking the first sentence and inserting the following: ``To the extent and in the amounts provided in advance in appropriations Acts, fees authorized in this title or any other Act to be charged or established by the Commissioner shall be collected by and shall be available to the Commissioner to carry out the activities of the Patent and Trademark Office.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on October 1, 1998. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999 - Authorizes appropriations for FY 1999 for the Patent and Trademark Office. Amends Federal law to increase patent fees (including maintenance fees), except fees for the filing of provisional applications for original patents.

United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Extending Status Protection for Eligible Refugees with Established Residency Act of 2017'' or as the ``ESPERER Act of 2017''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN FOREIGN NATIONALS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before January 1, 2021; (B) is not inadmissible under paragraph (1), (2), (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); (C) is not deportable under paragraph (1)(E), (1)(G), (2), (4), (5), or (6) of section 237(a) of such Act (8 U.S.C. 1227(a)); (D) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and (E) has not been convicted of-- (i) any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; or (ii) three or more offenses under Federal or State law, for which the alien was convicted on different dates for each of the 3 offenses and sentenced to imprisonment for an aggregate of 90 days or more. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered removed, or ordered to depart voluntarily, from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Secretary of Homeland Security grants the application, the Secretary of Homeland Security shall cancel the order. If the Secretary of Homeland Security renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien-- (1) who is a national of Haiti, Nicaragua, El Salvador, or Honduras; (2) who is in temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a)-- (A) on January 13, 2011; and (B) on the date of the application for adjustment of status under this Act is filed; (3) who was physically present in the United States on January 12, 2011; and (4) who has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for adjustment of status under this Act is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien subject to a final order of removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security shall not order any alien to be removed from the United States, if the alien is in removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Secretary of Homeland Security has rendered a final administrative determination to deny the application. (3) Work authorization.--The Secretary of Homeland Security may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with a ``work authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the status of an alien shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for at least 1 year; (B) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (C) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); or (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security as to whether the status of any alien should be adjusted under this Act is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this Act, the Secretary of State shall not reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Extending Status Protection for Eligible Refugees with Established Residency Act of 2017 or the ESPERER Act of 2017 This bill permits a qualifying national of Haiti, Nicaragua, El Salvador, or Honduras who is in temporary protected status (TPS) to apply for adjustment to lawful permanent resident status before January 1, 2021. TPS designation permits eligible nationals of designated countries affected by armed conflict or natural disasters to temporarily reside and work in the United States. The spouse, child, or unmarried son or daughter of an alien who has adjusted to lawful permanent resident status may also adjust to such status subject to certain conditions. An alien subject to a final order of removal may seek a stay of such order based on the filing of an application for status adjustment.

Extending Status Protection for Eligible Refugees with Established Residency Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Abuse and Fraud in Electronic Lending Act of 2016'' or the ``SAFE Lending Act of 2016''. SEC. 2. CONSUMER CONTROL OVER BANK ACCOUNTS. (a) Prohibiting Unauthorized Remotely Created Checks.--Section 905 of the Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by adding at the end the following: ``(d) Limitations on Remotely Created Checks.-- ``(1) Definition.--In this subsection, the term `remotely created check' means a check, including a paper or electronic check and any other payment order that the Bureau, by rule, determines is appropriately covered by this subsection, that-- ``(A) is not created by the financial institution that holds the customer account from which the check is to be paid; and ``(B) does not bear a signature applied, or purported to be applied, by the person from whose account the check is to be paid. ``(2) Limitations.--Subject to the limitations in paragraph (3) and any additional limitations that the Bureau may establish, by rule, a remotely created check may only be issued by a person designated in writing by the consumer with the designation specifically provided in writing by the consumer to the insured depository institution at which the consumer maintains the account from which the check is to be drawn. ``(3) Additional limitations.-- ``(A) In general.--An authorization provided under paragraph (2) may be revoked at any time by the consumer. ``(B) Consumer financial protection laws.--No payment order, including a remotely created check, may be issued by any person in response to the exercise of, or attempt to exercise, any rights by a consumer under any Federal consumer financial law, as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481), or any other provision of any law or regulation within the jurisdiction of the Bureau.''. (b) Consumer Protections for Certain One-Time Electronic Fund Transfers.--Section 913 of the Electronic Fund Transfer Act (15 U.S.C. 1693k) is amended-- (1) by inserting ``(a) In General.--'' before ``No person''; (2) in subsection (a)(1), as so designated, by striking ``preauthorized electronic fund transfers'' and inserting ``an electronic fund transfer''; and (3) by adding at the end the following: ``(b) Treatment for Electronic Fund Transfers in Credit Extensions.--If a consumer voluntarily agrees to repay an extension of a small-dollar consumer credit transaction, as defined in section 110(a) of the Truth in Lending Act, by means of an electronic fund transfer, the electronic fund transfer shall be treated as a preauthorized electronic fund transfer subject to the protections of this title.''. SEC. 3. TRANSPARENCY AND CONSUMER EMPOWERMENT IN SMALL-DOLLAR LENDING. (a) Small-Dollar Consumer Credit Transactions.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended-- (1) by inserting after section 109 (15 U.S.C. 1608) the following: ``SEC. 110. REGISTRATION REQUIREMENT FOR SMALL-DOLLAR LENDERS. ``(a) Definition.--In this section, the term `small-dollar consumer credit transaction' means any transaction that extends, facilitates, brokers, arranges, or gathers applications for credit that is-- ``(1) made to a consumer in an amount of not more than $5,000, or such greater amount as the Bureau may, by rule, determine, with the amount to be adjusted annually to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor; and ``(2) extended pursuant to an agreement that is-- ``(A)(i) other than an open-end credit plan; and ``(ii) payable in 1 or more installments of less than 12 months (or such longer period as the Bureau may, by rule, determine); ``(B) an open-end credit plan in which each advance is fully repayable within a defined time or in connection with a defined event, or both; or ``(C) any other plan as the Bureau determines, by rule. ``(b) Registration Requirement.--A person shall register with the Bureau before issuing credit in a small-dollar consumer credit transaction.''; (2) in section 173 (15 U.S.C. 1666j), by adding at the end the following: ``(d) Notwithstanding any other provisions of this title, any small-dollar consumer credit transaction, as defined in section 110(a), shall comply with the laws of the State in which the consumer resides with respect to annual percentage rates, interest, fees, charges, and such other similar or related matters as the Bureau may, by rule, determine if the small-dollar consumer credit transaction is-- ``(1) made over-- ``(A) the Internet; ``(B) telephone; ``(C) facsimile; ``(D) mail; ``(E) electronic mail; or ``(F) other electronic communication; or ``(2) conducted by a national bank.''; and (3) in the table of sections of chapter 1, by inserting after the item relating to section 109 the following: ``110. Registration requirement for small-dollar lenders.''. (b) Prohibition on Certain Fees.--Section 915 of the Electronic Fund Transfer Act (15 U.S.C. 1693l-1) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Additional Fees Prohibited.-- ``(1) Definition.--In this subsection, the term `general- use prepaid card' has the meaning given the term-- ``(A) in subsection (a)(2); or ``(B) by rule of the Bureau. ``(2) Prohibition.--With respect to the use of a general- use prepaid card by a consumer-- ``(A) it shall be unlawful for any person to charge the consumer a fee for an overdraft, including a shortage of funds or a transaction processed for an amount exceeding the account balance on the general-use prepaid card; ``(B) any transaction for an amount exceeding the account balance on the general-use prepaid card may be declined, except that the consumer may not be charged a fee for that purpose; and ``(C) the Bureau may, by rule, prohibit the charging of any fee so that the Bureau may-- ``(i) prevent unfair, deceptive, or abusive practices; and ``(ii) promote the ability of the consumer to understand and compare the costs of general- use prepaid cards.''. SEC. 4. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER CREDIT TRANSACTIONS. Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following: ``SEC. 140B. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER CREDIT TRANSACTIONS. ``(a) Definitions.--In this section-- ``(1) the term `sensitive personal financial information' means the social security number, financial account number, bank routing number, bank account number, or any required security or access code that is immediately necessary to permit access to the financial account of an individual; and ``(2) the term `small-dollar consumer credit transaction' has the meaning given the term in section 110(a). ``(b) Identification Information.--Any person facilitating, brokering, arranging, gathering applications for, or distributing sensitive personal financial information in connection with a small- dollar consumer credit transaction shall prominently disclose information by which the person may be contacted or identified, including for service of process and for identification of the registrant of any domain name registered or used. ``(c) Prohibition on Lead Generation in Small-Dollar Consumer Credit Transactions.--No person may facilitate, broker, arrange, gather applications for, or distribute sensitive personal financial information in connection with a small-dollar consumer credit transaction, unless the person is directly providing the small-dollar consumer credit to the consumer. ``(d) Rule of Construction.-- ``(1) In general.--Nothing in this section may be interpreted to limit the authority of the Bureau to further restrict activities covered by this section. ``(2) Clarification.--It shall not be considered `facilitating' in connection with a small-dollar consumer credit transaction to be engaged solely in 1 of the following activities: ``(A) The provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 (47 U.S.C. 231)). ``(B) The transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)).''. SEC. 5. STUDIES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Government Accountability Office (in this section referred to as the ``GAO'') shall conduct a study regarding-- (1) the availability of capital on reservations of Indian tribes (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b)); and (2) the impact that small-dollar consumer credit extended through Internet and non-Internet means to members of Indian tribes has had on economic opportunity and wealth for members of Indian tribes. (b) Consultation.--In conducting the study described in subsection (a), the GAO shall consult, as appropriate, with-- (1) the Bureau of Consumer Financial Protection; (2) the Board of Governors of the Federal Reserve System; (3) the Bureau of Indian Affairs; (4) federally recognized Indian tribes; and (5) community development financial institutions operating in Indian lands. (c) Congressional Consideration.--The study described in subsections (a) and (b) shall be presented to the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate and the Committee on Financial Services and the Committee on Natural Resources of the House of Representatives. SEC. 6. RULEMAKING. Not later than 1 year after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall adopt any final rules necessary to implement the provisions of this Act and the amendments made by this Act.

Stopping Abuse and Fraud in Electronic Lending Act of 2016 or the SAFE Lending Act of 2016 This bill amends the Electronic Fund Transfer Act (EFTA) to declare that a remotely created check may only be issued by a person specifically designated in writing by the consumer to the insured depository institution at which the consumer maintains the account from which the check is drawn. A remotely created check is a paper or electronic check that: is not created by the financial institution that holds the customer account from which the check is to be paid; and does not bear a signature applied, or purported to be applied, by the account holder. A consumer may revoke authorization for remotely created checks at any time. The bill prohibits issuance of any payment order in response to a consumer's exercise of federal consumer financial rights. Any voluntary electronic fund transfer to repay a small-dollar consumer credit transaction shall be treated as preauthorized under the Truth in Lending Act (TILA). The TILA is amended to require registration with the Consumer Financial Protection Bureau (CFPB) by any small-dollar lender that facilitates, brokers, arranges, or gathers applications for small-dollar consumer credit (of up to $5,000, adjusted for inflation) extended pursuant to an open-end, non-open-end, or other CFPB-determined credit plan meeting specified criteria. Small-dollar consumer credit transactions must comply with state law where the consumer resides. The EFTA is amended to: declare unlawful overdraft fees charged on a general-use prepaid card, and authorize the CFPB to prohibit fees for declined transactions involving such a card. The TILA is further amended to prohibit a person from certain activities, including distributing sensitive personal financial information, in connection with a small-dollar consumer credit transaction, if that person ("lead generator") does not itself grant the credit directly to the consumer. The Government Accountability Office (GAO) shall study: (1) the availability of capital on Indian reservations, and (2) the impact on tribal economic opportunity and wealth of small-dollar consumer credit extensions to tribal members through Internet and non-Internet means.

SAFE Lending Act of 2016

SECTION 1. AUTHORITY TO PROVIDE PRIORITY HEALTH CARE TO VETERANS OF THE PERSIAN GULF WAR. (a) Inpatient Care.--(1) Section 1710(a)(1)(G) of title 38, United States Code, is amended by striking out ``or radiation'' and inserting in lieu thereof ``, radiation, or environmental hazard''. (2) Section 1710(e) of such title is amended-- (A) by inserting at the end of paragraph (1) the following new subparagraph: ``(C) Subject to paragraphs (2) and (3) of this subsection, a veteran who the Secretary finds may have been exposed while serving on active duty in the Southwest Asia theater of operations during the Persian Gulf War to a toxic substance or environmental hazard is eligible for hospital care and nursing home care under subsection (a)(1)(G) of this section for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated with such exposure.''; (B) in paragraph (2), by striking out ``subparagraph (A) or (B)'' and inserting in lieu thereof ``subparagraph (A), (B), or (C)''; and (C) in paragraph (3), by striking out the period at the end and inserting in lieu thereof ``, or, in the case of care for a veteran described in paragraph (1)(C), after December 31, 1994.''. (b) Outpatient Care.--Section 1712(a) of such title is amended-- (1) in paragraph (1)-- (A) by striking out ``and'' at the end of subparagraph (B); (B) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof ``; and''; and (C) by adding at the end the following: ``(D) during the period before December 31, 1994, for any disability in the case of a veteran who served on active duty in the Southwest Asia theater of operations during the Persian Gulf War and who the Secretary finds may have been exposed to a toxic substance or environmental hazard during such service, notwithstanding that there is insufficient medical evidence to conclude that the disability may be associated with such exposure.''; and (2) by adding at the end the following new paragraph: ``(7) Medical services may not be furnished under paragraph (1)(D) with respect to a disability that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than an exposure described in that paragraph.''. (c) Effective Date.--(1) The amendments made by subsections (a) and (b) shall take effect as of August 2, 1990. (2) The Secretary of Veterans Affairs shall, upon request, reimburse any veteran who paid the United States an amount under section 1710(f) or 1712(f) of title 38, United States Code, as the case may be, for hospital care, nursing home care, or outpatient services furnished by the Secretary to the veteran before the date of the enactment of this Act on the basis of a finding that the veteran may have been exposed to a toxic substance or environmental hazard during the Persian Gulf War. The amount of the reimbursement shall be the amount that was paid by the veteran for such care or services under such section 1710(f) or 1712(f). SEC. 2. EXTENSION OF CERTAIN HEALTH CARE AND OTHER AUTHORITIES. (a) Eligibility for Care for Exposure to Dioxin or Ionizing Radiation.--Section 1710(e)(3) of title 38, United States Code, as amended by section 1(a)(2)(C), is further amended by striking out ``December 31, 1993'' and inserting in lieu thereof ``June 30, 1994''. (b) Eligibility for Sexual Trauma Counseling.--Section 102(b) of the Women Veterans Health Programs Act of 1992 (Public Law 102-585; 38 U.S.C. 1720D note) is amended-- (1) by striking out ``December 31, 1991,'' and inserting in lieu thereof ``December 31, 1992,''; and (2) by striking out ``December 31, 1993'' and inserting in lieu thereof ``December 31, 1994''. (c) Authority To Maintain Regional Office in the Philippines.-- Section 315(b) of title 38, United States Code, is amended by striking out ``March 31, 1994'' and inserting in lieu thereof ``December 31, 1994''. (d) Authority for Advisory Committee on Education.--Section 3692(c) of title 38, United States Code, is amended by striking out ``December 31, 1993'' and inserting in lieu thereof ``December 31, 1994''. SEC. 3. SHARING OF RESOURCES WITH STATE HOMES. (a) Purpose.--Section 8151 of title 38, United States Code, is amended by adding at the end the following: ``It is further the purpose of this subchapter to improve the provision of care to veterans under this title by authorizing the Secretary to enter into agreements with State veterans facilities for the sharing of health-care resources.''. (b) Definition.--Section 8152 of such title is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph (3): ``(3) The term `health-care resource' includes hospital care, medical services, and rehabilitative services, as those terms are defined in paragraphs (5), (6), and (8), respectively, of section 1701 of this title, any other health-care service, and any health- care support or administrative resource.''. (c) Sharing of Health-Care Resources.--Section 8153(a) of such title is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by striking out ``other form of agreement,'' and all that follows and inserting in lieu thereof the following: ``other form of agreement for the mutual use, or exchange of use, of-- ``(A) specialized medical resources between Department health- care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools; and ``(B) health-care resources between Department health-care facilities and State home facilities recognized under section 1742(a) of this title. ``(2) The Secretary may enter into a contract or other agreement under paragraph (1) only if (A) such an agreement will obviate the need for a similar resource to be provided in a Department health care facility, or (B) the Department resources which are the subject of the agreement and which have been justified on the basis of veterans' care are not used to their maximum effective capacity.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Makes Persian Gulf War veterans exposed to a toxic substance or environmental hazard during that war eligible for medical (including outpatient) care for any disability, notwithstanding insufficient medical evidence to conclude that such disability may be associated with such exposure, with exceptions. Directs the Secretary of Veterans Affairs, upon request, to reimburse veterans for such care furnished before this Act's enactment. Extends through: (1) June 30, 1994, the provision of veterans' hospital and nursing home care and medical services for Vietnam era veterans exposed to toxic substances during such service; (2) December 31, 1994, the period of eligibility for sexual trauma counseling services through the Department of Veterans Affairs for veterans released from duty before December 31, 1992; (3) December 31, 1994, the authority to maintain a Department regional office in the Philippines; and (4) December 31, 1994, the Veterans' Advisory Committee on Education. Authorizes the Secretary to enter into agreements with State veterans facilities for the sharing of healthcare resources and facilities, with certain conditions.

To amend title 38, United States Code, to provide additional authority for the Secretary of Veterans Affairs to provide health care for veterans of the Persian Gulf War.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy Smarter and Save Act of 2013''. SEC. 2. GOALS FOR STRATEGIC SOURCING OF FEDERALLY PROCURED GOODS AND SERVICES. (a) Requirement To Establish Goals for Purchases and Savings Using Strategic Sourcing.--The President shall establish-- (1) an annual Government-wide goal to procure goods and services using strategic sourcing, in accordance with this section; and (2) an annual Government-wide goal for savings resulting from the use of strategic sourcing, in accordance with this section. (b) Amount of Procurement Goal.-- (1) In general.--The goal for procurement of goods and services established under subsection (a) shall be-- (A) in each of fiscal years 2014 and 2015, at least $100,000,000,000; and (B) in each of fiscal years 2016, 2017, and 2018, at least $75,000,000,000. (c) Amount of Savings Goal.--The goal for savings resulting from the use of strategic sourcing established under subsection (a) shall be-- (1) in each of fiscal years 2014 and 2015, at least $10,000,000,000; and (2) in each of fiscal years 2016, 2017, and 2018, at least $7,500,000,000. SEC. 3. IMPLEMENTATION OF STRATEGIC SOURCING GOALS BY OFFICE OF MANAGEMENT AND BUDGET. (a) Guidance by Office of Management and Budget.--The Director of the Office of Management and Budget shall issue guidance to executive agencies for implementing the goals established under section 2. The Director, in consultation with the heads of executive agencies, may set specific goals for procurement and savings that are customized to individual executive agencies. (b) Matters Covered.--In the guidance issued under subsection (a), the Director shall include, at a minimum, the following: (1) Criteria for the goods and services to be procured using strategic sourcing, consistent with the considerations described in subsection (c). (2) A description of the specific data required to be submitted by executive agencies to the Director regarding implementation of the goals. (3) Guidance on calculating and verifying savings generated from strategic sourcing. (4) Standards to measure progress towards meeting savings goals. (5) Procedures to hold agencies accountable and ensure that agencies are achieving their strategic sourcing goals. (6) Procedures to ensure that an agency is not making purchases that significantly exceed the requirements of the agency. (7) A list of existing Government-wide strategic sourcing vehicles. (c) Considerations.--In developing the guidance issued under this section, the Director shall take into consideration the application of strategic sourcing in a manner that-- (1) maintains a strong industrial and manufacturing base in the United States; (2) is consistent with international trade agreements; (3) accounts for the benefits as well as the costs of procuring goods and services; (4) emphasizes the procurement of goods and services that are procured repetitively, procured Government-wide and in large amounts, and are non-technical and commercial in nature; (5) allows for easy conduct of a spend analysis under section 4(b); and (6) reflects the requirements of the Small Business Act, including the provisions addressing contract bundling, contract consolidation, and the need to achieve the statutory small business prime contracting and subcontracting goals in section 15 of that Act (15 U.S.C. 644). (d) Relationship to Federal Strategic Sourcing Initiative.--In issuing guidance under this section, the Director shall take into account and be consistent with the Federal Strategic Sourcing Initiative managed by the Office of Federal Procurement Policy. (e) Report.--Not later than 180 days after the end of a fiscal year for which a goal is established under section 2, the Director shall submit to Congress a report on the implementation of this Act. The report shall include, at a minimum-- (1) the dollar amount of spending for goods and for services that was strategically sourced during the year covered by the report; (2) the extent of savings on purchases of goods and services realized by executive agencies during that year; and (3) such findings and recommendations as the Director considers appropriate. SEC. 4. STRATEGIC SOURCING DUTIES OF COVERED DEPARTMENTS. (a) In General.--The Secretary of a covered department shall take the following actions to support strategic sourcing efforts in the department: (1) Establishment of department-wide goals and savings targets for strategic sourcing efforts in support of the goals established under section 2. (2) Establishment of a strategic sourcing accountability official within the department. (3) Issuance of a policy that outlines the role, authority, and responsibilities of the strategic sourcing accountability official and department practices for strategic sourcing. (4) Identification of department-specific strategic sourcing contracts already in use and establishment of utilization goals for current and future strategic sourcing efforts. (5) Development of standards to track and assess compliance with the goals established under section 2, consistent with the guidance and considerations under section 3. (b) Spend Analysis Requirement.--Not later than six months after the date of the enactment of this Act, and in accordance with the guidance and considerations under section 3, the Secretary of a covered department shall conduct a spend analysis of procurements by the department during fiscal year 2012 to identify, assess, and quantify goods and services suitable for strategic sourcing. Based on the analysis, the Secretary shall select, for implementation in fiscal year 2014, at least one good or service to strategically source from among the top 20 procurement spending categories for commercial goods and services that are identified in the analysis as suitable for strategic sourcing. SEC. 5. STUDY AND REPORT BY COMPTROLLER GENERAL. (a) Study on Contract Utilization Fees.--The Comptroller General of the United States shall conduct a study to assess the effect of contract utilization fees on the use of multiple agency contracts, including strategic sourcing vehicles using multiple award schedules, and shall submit a report on the results of the study to Congress not later than one year after the date of the enactment of this Act. (b) Study on Establishing Contract Vehicles.--The Comptroller General shall conduct a study to examine the cost of establishing each of the current Federal strategic sourcing initiative contract vehicles, and shall submit a report on the results of the study to Congress not later than one year after the date of the enactment of this Act. (c) Annual Report on Implementation of Act.-- (1) Assessments.--Each year, the Comptroller General shall assess-- (A) the performance of executive agencies in implementing the strategic sourcing goals required by this Act; and (B) the amounts saved through the use of strategic sourcing, including a comparison of the costs of establishing and maintaining strategic sourcing contract vehicles. (2) Report.--The Comptroller General shall submit a report on the results of the assessment to Congress not later than one year after the date of the enactment of this Act and annually thereafter while the goals are in effect. SEC. 6. DEFINITIONS. In this Act: (1) Executive agency.--The term ``executive agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code. (2) Covered department.--The term ``covered department'' means the Department of Defense, the Department of Homeland Security, the Department of Energy, the Department of Veterans Affairs, the National Aeronautics and Space Administration, the Department of Health and Human Services, the General Services Administration, and the Small Business Administration. (3) Strategic sourcing.--The term ``strategic sourcing'' means a structured and collaborative process of critically analyzing an organization's spending patterns to better leverage its purchasing power, reduce costs, and improve overall value and performance.

Buy Smarter and Save Act of 2013 - Directs the President to establish: (1) an annual government-wide goal to procure goods and services using strategic sourcing, and (2) an annual government-wide goal for savings from the use of strategic sourcing. Defines "strategic sourcing" as a structured and collaborative process of critically analyzing an organization's spending patterns to better leverage its purchasing power, reduce costs, and improve overall value and performance. Directs the Director of the Office of Management and Budget (OMB) to: (1) issue guidance to executive agencies for implementing the strategic sourcing goals established by this Act, and (2) report on spending for goods and services that was strategically sourced and the extent of the savings realized. Directs the Departments of Defense (DOD), Homeland Security (DHS), Energy (DOE), Veterans Affairs (VA), and Health and Human Services (HHS), and the National Aeronautics and Space Administration (NASA), the General Services Administration (GSA), and the Small Business Administration (SBA) to take certain actions to support strategic sourcing, including establishing department wide-goals and savings targets for strategic sourcing efforts and a strategic sourcing accountability official. Directs the Comptroller General (GAO) to: (1) conduct studies on contract utilization fees and on establishing strategic sourcing initiative contract vehicles, and (2) assess and report on the performance of executive agencies in implementing the strategic sourcing goals required by this Act and the amounts saved through the use of strategic sourcing.

Buy Smarter and Save Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Aviation Administration Extension Act of 2008, Part II''. SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2008'' and inserting ``March 31, 2009''. (b) Ticket Taxes.-- (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2008'' and inserting ``March 31, 2009''. (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking ``September 30, 2008'' and inserting ``March 31, 2009''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2008. SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY. (a) In General.--Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``October 1, 2008'' and inserting ``April 1, 2009'', and (2) by inserting ``or the Federal Aviation Administration Extension Act of 2008, Part II'' before the semicolon at the end of subparagraph (A). (b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such Code is amended by striking the date specified in such paragraph and inserting ``April 1, 2009''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2008. SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. (a) Authorization of Appropriations.-- (1) In general.--Section 48103 of title 49, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ``; and''; and (C) by inserting after paragraph (5) the following: ``(6) $1,950,000,000 for the 6-month period beginning on October 1, 2008.''. (2) Obligation of amounts.--Sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2009, and shall remain available until expended. (3) Program implementation.--For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the 6-month period beginning on October 1, 2008, the Administrator of the Federal Aviation Administration shall-- (A) first calculate funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2009 were $3,900,000,000; and (B) then reduce by 50 percent-- (i) all funding apportionments calculated under subparagraph (A); and (ii) amounts available pursuant to sections 47117(b) and 47117(f)(2) of such title. (b) Project Grant Authority.--Section 47104(c) of such title is amended by striking ``September 30, 2008,'' and inserting ``March 31, 2009,''. SEC. 5. EXTENSION OF EXPIRING AUTHORITIES. (a) Section 40117(l)(7) of title 49, United States Code, is amended by striking ``September 30, 2008.'' and inserting ``April 1, 2009.''. (b) Section 41743(e)(2) of such title is amended by striking ``2008'' and inserting ``2009''. (c) Section 44302(f)(1) of such title is amended-- (1) by striking ``November 30, 2008,'' and inserting ``March 31, 2009,''; and (2) by striking ``December 31, 2008,'' and inserting ``May 31, 2009,''. (d) Section 44303(b) of such title is amended by striking ``March 31, 2009,'' and inserting ``May 31, 2009,''. (e) Section 47107(s)(3) of such title is amended by striking ``October 1, 2008.'' and inserting ``April 1, 2009.''. (f) Section 47115(j) of such title is amended by inserting ``and for the portion of fiscal year 2009 ending before April 1, 2009,'' after ``2008,''. (g) Section 47141(f) of such title is amended by striking ``September 30, 2008.'' and inserting ``March 31, 2009.''. (h) Section 49108 of such title is amended by striking ``October 1, 2008,'' and inserting ``March 31, 2009,''. (i) Section 161 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking ``fiscal year 2008,'' and inserting ``fiscal year 2009 before April 1, 2009,''. (j) Section 186(d) of such Act (117 Stat. 2518) is amended by inserting ``and for the portion of fiscal year 2009 ending before April 1, 2009,'' after ``2008,''. (k) Section 409(d) of such Act (49 U.S.C. 41731 note) is amended by striking ``September 30, 2008.'' and inserting ``September 30, 2009.''. (l) The amendments made by this section shall take effect on October 1, 2008. SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS. Section 106(k)(1) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (3) by inserting after subparagraph (D) the following: ``(E) $4,516,364,500 for the 6-month period beginning on October 1, 2008.''. SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT. Section 48101(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) $1,360,188,750 for the 6-month period beginning on October 1, 2008.''. SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT. Section 48102(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (11)(K); (2) by striking the period at the end of paragraph (12)(L) and inserting ``; and''; and (3) by adding at the end the following: ``(13) $85,507,500 for the 6-month period beginning on October 1, 2008.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Federal Aviation Administration Extension Act of 2008, Part II - Amends the Internal Revenue Code to extend from September 30, 2008, through March 31, 2009: (1) excise taxes on aviation fuels and air transportation of persons and property; and (2) the expenditure authority for the Airport and Airway Trust Fund. Extends funding from September 30, 2008, through March 31, 2009, for airport improvement program (AIP) projects, including project grant authority. Authorizes obligation at any time during FY2009 of funds made available by this Act. Prescribes a formula for calculating funding apportionments to implement the program. Extends through March 31, 2009, various airport development projects, including: (1) the pilot program for passenger facility fees at nonhub airports; (2) the small community air service development program; (3) small airport grants for airports located in the Marshall Islands, Micronesia, and Palau; (4) state and local airport compatibility projects; (5) the authority of the Metropolitan Washington Airports Authority to apply for an airport development grant and impose a passenger facility fee; (6) the temporary increase to 95% in the government share of certain AIP project costs; (7) Midway Island airport development; and (8) airport planning and development grant programs. Extends through March 31, 2009, Department of Transportation (DOT) insurance coverage for domestic and foreign-flag air carriers. Extends through May 31, 2009, air carrier liability limits for injuries to passengers resulting from acts of terrorism. Extends through March 31, 2009, the authorization of appropriations for: (1) Federal Aviation Administration (FAA) operations; (2) air navigation facilities and equipment; and (3) research, engineering, and development.

To amend title 49, United States Code, to extend authorizations for the airport improvement program, to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug and Health Improvement Act of 2017''. SEC. 2. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS. (a) Negotiating Fair Prices.-- (1) In general.--Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended by striking subsection (i) (relating to noninterference) and by inserting the following: ``(i) Negotiating Fair Prices With Drug Manufacturers.-- ``(1) In general.--Notwithstanding any other provision of law, in furtherance of the goals of providing quality care and containing costs under this part, the Secretary shall, with respect to applicable covered part D drugs, and may, with respect to other covered part D drugs, negotiate, using the negotiation technique that the Secretary determines will maximize savings and value for a covered part D drug and plan enrollees (in a manner that may be similar to Federal entities and that may include, but is not limited to, formularies, reference pricing, discounts, rebates, and other price concessions), with drug manufacturers the prices that may be charged to PDP sponsors and MA organizations for such drugs for part D eligible individuals who are enrolled in a prescription drug plan or in an MA-PD plan. In conducting such negotiations, the Secretary shall consider the drug's current price, initial launch price, prevalence and usage, and approved indications, the number of similarly effective alternative treatments for each approved use of the drug, the budgetary impact of providing coverage under this part for such drug for all individuals who would likely benefit from the drug, and evidence on the drug's effectiveness compared to similar drugs. ``(2) Use of lower of va or big four price if negotiations fail.--If, after attempting to negotiate for a price with respect to a covered part D drug under paragraph (1) for a period of 1 year, the Secretary is not successful in obtaining an appropriate price for the drug (as determined by the Secretary), the Secretary shall establish the price that may be charged to PDP sponsors and MA organizations for such drug for part D eligible individuals who are enrolled in a prescription drug plan or in an MA-PD plan at an amount equal to the lesser of-- ``(A) the price paid by the Secretary of Veterans Affairs to procure the drug under the laws administered by the Secretary of Veterans Affairs; or ``(B) the price paid to procure the drug under section 8126 of title 38, United States Code. ``(3) Applicable covered part d drug defined.--For purposes of this subsection, the term `applicable covered part D drug' means a covered part D drug that the Secretary determines to be appropriate for negotiation under paragraph (1) based on one or more of the following factors as applied to such drug: ``(A) Spending on a per beneficiary basis. ``(B) Spending under this title. ``(C) Unit price increases over the preceding years. ``(D) Initial launch price. ``(E) Availability of similarly effective alternative treatments. ``(F) Status of the drug as a follow-on to previously approved drugs. ``(G) Any other criteria determined by the Secretary. ``(4) PDP sponsors and ma organization may negotiate lower prices.--Nothing in this subsection shall be construed as preventing the sponsor of a prescription drug plan, or an organization offering an MA-PD plan, from obtaining a discount or reduction of the price for a covered part D drug below the price negotiated under paragraph (1) or the price established under paragraph (2). ``(5) No affect on existing appeals process.--Nothing in this subsection shall be construed to affect the appeals procedures under subsections (g) and (h) of section 1860D-4.''. (2) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall first apply to negotiations and prices for plan years beginning on January 1, 2019. (b) Reports to Congress.-- (1) Secretary of hhs.-- (A) In general.--Not later than 3 years after the date of the enactment of this Act, and every 6 months thereafter, the Secretary of Health and Human Services shall submit to Congress a report on the following: (i) The negotiations conducted by the Secretary under section 1860D-11(i) of the Social Security Act (42 U.S.C. 1395w-111(i)), as amended by subsection (a), including a description of how such negotiations are achieving lower prices for covered part D drugs (as defined in section 1860D-2(e) of the Social Security Act (42 U.S.C. 1395w-102(e))) for Medicare beneficiaries. (ii) Data on spending under part D of the Medicare program on covered part D drugs, including data on covered part D drugs with-- (I) spending on a per beneficiary basis that is above the median spending on other drugs in the same class or above the median spending of other drug classes; and (II) high unit cost increases over the past five years, especially where such increases are greater than the increases for covered part D drugs in general. (iii) A list of the covered part D drugs with no therapeutic substitute and data on spending under part D of the Medicare program on such drugs. (iv) Access to covered part D drugs. (v) Appeals by enrollees with respect to covered part D drugs not included on plan formularies. (B) Public availability of report.--The Secretary of Health and Human Services shall publish on the Internet website of the Centers for Medicare & Medicaid Services a copy of each report submitted under subparagraph (A). (2) MedPAC.-- (A) Study.--The Comptroller General of the United States shall conduct a study on the negotiations conducted by the Secretary under section 1860D-11(i) of the Social Security Act (42 U.S.C. 1395w-111(i)), as amended by subsection (a), including a description of how such negotiations are achieving lower prices for covered part D drugs (as defined in section 1860D-2(e) of the Social Security Act (42 U.S.C. 1395w-102(e))) for Medicare beneficiaries. (B) Report.--Not later than January 1, 2022, the Comptroller General of the United States shall submit to Congress a report on the study conducted under subparagraph (A), together with recommendations for improving such negotiations. (c) CMI Testing of Negotiating Drug and Biological Prices To Improve Value.--Section 1115A(b)(2) of the Social Security Act (42 U.S.C. 1315a(b)(2)) is amended-- (1) in subparagraph (A), by adding at the end the following new sentence: ``The models selected under this subparagraph shall include at least 3 of the models described in subparagraph (D), which shall be implemented by not later than 18 months after the date of the enactment of the Prescription Drug and Health Improvement Act of 2017''; and (2) by adding at the end the following new subparagraph: ``(D) Models of negotiating drug and biological prices to improve value.--The models described in this subparagraph are the following models for negotiating drug and biological prices under the applicable titles (including under both parts B and D of title XVIII) in order to improve the value of payments for such drugs and biologicals under such titles: ``(i) Discounting or eliminating patient cost-sharing on high-value drugs and biologicals. ``(ii) Value-based formularies. ``(iii) Indications-based pricing. ``(iv) Reference pricing. ``(v) Risk-sharing agreements based on outcomes. ``(vi) Pricing based on comparative effectiveness research. ``(vii) Episode-based payments for chemotherapy and other conditions determined appropriate by the Secretary.''.

Prescription Drug and Health Improvement Act of 2017 This bill requires the Centers for Medicare & Medicaid Services (CMS) to negotiate lower prices on behalf of Medicare and Medicare Advantage (MA) beneficiaries for covered prescription drugs that the CMS deems appropriate for negotiation based on: (1) program and per-beneficiary spending, (2) unit price increases over the preceding years, (3) initial launch price, (4) availability of similarly effective alternative treatments, (5) status of the drug as a follow-on to previously approved drugs, and (6) any other criteria determined by the CMS. If, after a one year period, negotiations with respect to a covered prescription drug prove unsuccessful, the CMS shall establish a price for the drug that is equal to the lesser of the price paid by the Department of Veterans Affairs or the price paid by the four largest federal pharmaceutical-drug purchasers. The CMS may (but is not required to) negotiate lower prices on behalf of Medicare and MA beneficiaries for other covered prescription drugs. The Government Accountability Office must report to Congress on the CMS' negotiations. The Center for Medicare and Medicaid Innovation must test several specified models for negotiating drug and biological prices.

Prescription Drug and Health Improvement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard Amendments of 1993''. SEC. 2. REVISION OF NATIONAL GUARD BUREAU CHARTER. (a) In General.--(1) Subtitle A of title 10, United States Code, is amended by inserting after chapter 11 the following new chapter: ``CHAPTER 12--NATIONAL GUARD BUREAU ``291. National Guard Bureau. ``292. Chief of the National Guard Bureau: appointment; principal adviser on National Guard matters; grade. ``293. Chief of the National Guard Bureau: functions; annual report. ``294. Vice Chief of the National Guard Bureau. ``295. Other senior National Guard Bureau officers. ``296. Assignment of officers: joint duty assignment. ``297. Definition. ``Sec. 291. National Guard Bureau ``(a) National Guard Bureau.--There is in the Department of Defense the National Guard Bureau, which is a joint bureau of the Department of the Army and the Department of the Air Force. ``(b) Purposes.--The National Guard Bureau is the supervisory and operating agency of the Department of Defense for the Army National Guard of the United States and the Air National Guard of the United States. The Bureau is also the channel of communications between (1) the Department of the Army, Department of the Air Force, and other components of the Department of Defense, and (2) the several States, on all matters pertaining to the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States. ``Sec. 292. Chief of the National Guard Bureau: appointment; adviser on National Guard matters; grade ``(a) Appointment.--There is a Chief of the National Guard Bureau, who is responsible for the organization and operations of the National Guard Bureau. The Chief of the National Guard Bureau is appointed by the President, by and with the advice and consent of the Senate. Such appointment shall be made from officers of the Army National Guard of the United States or officers of the Air National Guard of the United States who-- ``(1) are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard; ``(2) have had at least 10 years of federally recognized commissioned service in an active status in the National Guard; and ``(3) are in a grade above the grade of brigadier general. ``(b) Term of Office.--An officer appointed as Chief of the National Guard Bureau serves for a term of four years, but may be removed for cause at any time. An officer may not hold that office after becoming 64 years of age. An officer may be reappointed as Chief of the National Guard Bureau. ``(c) Adviser on National Guard Matters.--(1) The Chief of the National Guard Bureau is the principal adviser to the Secretary of the Army and the Chief of Staff of the Army, and to the Secretary of the Air Force and the Chief of Staff of the Air Force, on matters relating to the Army National Guard of the United States and the Air National Guard of the United States. ``(2) The Chief of the National Guard Bureau is an adviser to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff on matters relating to the Army National Guard of the United States and the Air National Guard of the United States. ``(d) Grade.--The Chief of the National Guard Bureau shall be appointed to serve in a grade above major general. ``Sec. 293. Chief, National Guard Bureau: functions; annual report ``(a) Functions.--Subject to the authority, direction, and control of the Secretary of Defense, the Secretary of the Army, and the Secretary of the Air Force, the Chief of the National Guard Bureau is responsible for the following: ``(1) Allocating unit structure, strength authorizations, and other resources to the Army National Guard of the United States and the Air National Guard of the United States. ``(2) Determining and directing the training requirements of the Army National Guard and the Air National Guard and the allocation of Federal funds for the training of the Army National Guard and the Air National Guard. ``(3) Ensuring that units and members of the Army National Guard and the Air National Guard are trained by the States in accordance with approved programs and policies of, and guidance from, the Chief, the Secretary of the Army, and the Secretary of the Air Force. ``(4) Assisting the States in the organization, maintenance, and operation of National Guard units so as to provide well-trained and well-equipped units capable of augmenting the active forces in time of war or national emergency. ``(5) Planning and administering the budget for the Army National Guard of the United States and the Air National Guard of the United States. ``(6) Supervising the acquisition, supply, maintenance, and accountability of Federal property issued to the National Guard through the property and fiscal officers designated, detailed, or appointed under section 708 of title 32. ``(7) Granting and withdrawing, in accordance with applicable laws and regulations, Federal recognition of (A) National Guard units, and (B) officers of the National Guard. ``(8) Establishing policies and programs for the employment and use of National Guard technicians under section 709 of title 32. ``(9) Supervising and administering the Active Guard and Reserve program as it pertains to the Army National Guard and the Air National Guard. ``(10) Prescribing the forfeiture of Federal funds and other aid, benefit, or privilege pursuant to section 108 of title 32. ``(11) Issuing directives, regulations, and publications consistent with approved policies of the Army and Air Force, as appropriate. ``(12) Facilitating and supporting the training of members and units of the National Guard to meet State requirements. ``(13) Appointing and administering civilian personnel necessary to perform the functions of the National Guard Bureau. ``(14) Performing such other functions as may be prescribed by the Secretary of Defense, the Secretary of the Army, or the Secretary of the Air Force. ``(b) Annual Report.--Not later than 90 days after the end of each fiscal year, the Chief of the National Guard Bureau shall submit to Congress a report on the state of readiness of the National Guard and its ability to meet its missions. The report may be submitted in classified and unclassified versions. ``Sec. 294. Vice Chief of the National Guard Bureau ``(a) Appointment.--(1) There is a Vice Chief of the National Guard Bureau, selected by the Secretary of Defense from officers of the Army National Guard of the United States or the Air National Guard of the United States who-- ``(A) are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard; ``(B) have had at least 10 years of federally recognized commissioned service in an active status in the National Guard; and ``(C) are in a grade above the grade of colonel. ``(2) The Chief and Vice Chief of the National Guard Bureau may not both be members of the Army or of the Air Force. ``(3)(A) Except as provided in subparagraph (B), an officer appointed as Vice Chief of the National Guard Bureau serves for a term of four years, but may be removed from office at any time for cause. ``(B) The term of the Vice Chief of the National Guard Bureau shall end upon the appointment of a Chief of the National Guard Bureau who is a member of the same armed force as the Vice Chief. ``(4) The Secretary of Defense may waive the restrictions in paragraph (2) and the provisions of paragraph (3)(B) for a limited period of time to provide for the orderly transition of officers appointed to serve in the positions of Chief and Vice Chief. ``(b) Duties.--The Vice Chief of the National Guard Bureau performs such duties as may be prescribed by the Chief of the National Guard Bureau. ``(c) Grade.--The Vice Chief of the National Guard Bureau shall be appointed to serve in a grade above brigadier general. ``(d) Functions as Acting Chief.--When there is a vacancy in the office of the Chief of the National Guard Bureau or in the absence or disability of the Chief, the Vice Chief of the National Guard Bureau acts as Chief and performs the duties of the Chief until a successor is appointed or the absence or disability ceases. ``(e) Succession After Chief and Vice Chief.--When there is a vacancy in the offices of both Chief and Vice Chief of the National Guard Bureau or in the absence or disability of both the Chief and Vice Chief of the National Guard Bureau, or when there is a vacancy in one such office and in the absence or disability of the officer holding the other, the senior officer of the Army National Guard of the United States or the Air National Guard of the United States on duty with the National Guard Bureau shall perform the duties of the Chief until a successor to the Chief or Vice Chief is appointed or the absence or disability of the Chief or Vice Chief ceases, as the case may be. ``Sec. 295. Other senior National Guard Bureau officers ``(a) Additional General Officers.--(1) In addition to the Chief and Vice Chief of the National Guard Bureau, there shall be assigned to the National Guard Bureau-- ``(A) two general officers selected by the Secretary of the Army from officers of the Army National Guard of the United States who have been nominated by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard, the senior of whom while so serving shall hold the grade of major general; and ``(B) two general officers selected by the Secretary of the Air Force from officers of the Air National Guard of the United States who have been nominated by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard, the senior of whom while so serving shall hold the grade of major general. ``(2) The officers so selected shall assist the Chief of the National Guard Bureau in carrying out the functions of the National Guard Bureau as they relate to their respective branches. ``(b) Other Officers.--There are in the National Guard Bureau a general counsel, a comptroller, and an inspector general, each of whom shall be appointed by the Chief of the National Guard Bureau. They shall perform such duties as the Chief may prescribe. ``Sec. 296. Assignment of officers: joint duty assignment ``Under such regulations as the Secretary of Defense may prescribe, a duty assignment to the Office of the Chief of the National Guard Bureau shall be considered a joint duty assignment for the purposes of section 668, of this title.''. ``Sec. 297. Definition ``In this chapter, the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and Guam and the Virgin Islands.''. (2) The table of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle, are each amended by inserting after the item relating to chapter 11 the following: ``12. National Guard Bureau 291''. (b) Conforming Repeal.--(1) Section 3040 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 305 of such title is amended by striking out the item relating to section 3040. (c) Other Conforming Amendments.--(1) Sections 3079 and 8079 of such title are each amended by inserting before the period at the end the following: ``, under the guidance and supervision of the National Guard Bureau''. (2) The text of section 108 of title 32, United States Code, is amended to read as follows: ``If, within a time fixed by the President, a State fails to comply with a requirement of this title, or a regulation prescribed under this title, the National Guard of that State shall be barred in whole or in part, as the President may prescribe, from receiving money or other aid, benefits, or privileges authorized by law. The President shall administer this section through the Chief of the National Guard Bureau.''. SEC. 3. RESERVE COMPONENT GENERAL AND FLAG OFFICERS ON ACTIVE DUTY. (a) Authorized Strength of General and Flag Officers on Active Duty.--Section 526 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Reserve component general and flag officers serving in the National Guard Bureau, the Office of a Chief of a reserve component, or the headquarters of a reserve component command are in addition to the numbers authorized for the armed forces under subsections (a) and (b) in numbers as follows: Army National Guard of the United States................................ 4 general officers. Army Reserve........................... 4 general officers. Naval Reserve.......................... 3 flag officers. Marine Corps Reserve................... 1 general officer. Air National Guard of the United States 4 general officers. Air Force Reserve...................... 3 general officers. Two positions to be filled by a Guard or Reserve officer: Military Executive to the Reserve Forces Policy Board and Assistant to the Chairman of the Joint Chiefs of Staff....................... 2 general or flag officers. ``(e) The limitation of this section does not apply to a reserve general or flag officer who is not on the active list.''. (b) Conforming Amendment.--Paragraphs (1) through (4) of section 526(a) of such title are amended to read as follows: ``(1) For the Army, 378 before October 1, 1995, and 294 on and after that date. ``(2) For the Navy, 247 before October 1, 1995, and 213 on and after that date. ``(3) For the Air Force, 319 before October 1, 1995, and 272 on and after that date. ``(4) For the Marine Corps, 67 before October 1, 1995, and 60 on and after that date.''. SEC. 4. DEFINITION OF ACTIVE GUARD AND RESERVE DUTY. Section 101(d) of title 10, United States Code, is amended by adding at the end thereof the following: ``(7)(A) The term `active Guard and Reserve duty' means active duty or full-time National Guard duty performed by a member of a reserve component or of the National Guard pursuant to an order to active duty or full-time National Guard duty for a period of more than 180 consecutive days for the purpose of organizing, administering, recruiting, instructing, or training the reserve components or the National Guard. ``(B) Such term does not include-- ``(i) duty performed as a member of the Reserve Forces Policy Board provided for under section 175 of this title; ``(ii) duty performed as a property and fiscal officer under section 708 of title 32; or ``(iii) service as a State director of the Selective Service System under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. App. 460(b)(2)).''.

National Guard Amendments of 1993 - Establishes in the Department of Defense (DOD) the National Guard Bureau as a joint bureau of the Departments of the Army and Air Force. Makes the Bureau the supervisory and operating agency of DOD for the Army and Air National Guard. Provides for the appointment in the Bureau of a Chief and Vice Chief. Considers an assignment to the Bureau a joint duty assignment. Provides the authorized strengths of reserve general and flag officers serving on active duty in the Bureau, the Office of a Chief of a reserve component, or the headquarters of a reserve component command.

National Guard Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eagle Employers Act''. SEC. 2. REDUCED TAXES FOR EAGLE EMPLOYERS. (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: ``SEC. 45O. REDUCTION IN TAX OF EAGLE EMPLOYERS. ``(a) In General.--In the case of any taxable year with respect to which a taxpayer is certified by the Secretary as an Eagle employer, the Eagle employer credit determined under this section for purposes of section 38 shall be equal to 1 percent of the taxable income of the taxpayer which is properly allocable to all trades or businesses with respect to which the taxpayer is certified as an Eagle employer for the taxable year. ``(b) Eagle Employer.--For purposes of subsection (a), the term `Eagle employer' means, with respect to any taxable year, any taxpayer which-- ``(1) maintains its headquarters in the United States if the taxpayer has ever been headquartered in the United States, ``(2) pays at least 60 percent of each employee's health care premiums, ``(3) if such taxpayer employs at least 50 employees on average during the taxable year-- ``(A) maintains or increases the number of full- time workers in the United States relative to the number of full-time workers outside of the United States, ``(B) compensates each employee of the taxpayer at an hourly rate (or equivalent thereof) not less than an amount equal to the Federal poverty level for a family of three for the calendar year in which the taxable year begins divided by 2,080, ``(C) provides either-- ``(i) a defined contribution plan which for any plan year-- ``(I) requires the employer to make nonelective contributions of at least 5 percent of compensation for each employee who is not a highly compensated employee, or ``(II) requires the employer to make matching contributions of 100 percent of the elective contributions of each employee who is not a highly compensated employee to the extent such contributions do not exceed the percentage specified by the plan (not less than 5 percent) of the employee's compensation, or ``(ii) a defined benefit plan which for any plan year requires the employer to make contributions on behalf of each employee who is not a highly compensated employee in an amount which will provide an accrued benefit under the plan for the plan year which is not less than 5 percent of the employee's compensation, and ``(D) provides full differential salary and insurance benefits for all National Guard and Reserve employees who are called for active duty, and ``(4) if such taxpayer employs less than 50 employees on average during the taxable year, either-- ``(A) compensates each employee of the taxpayer at an hourly rate (or equivalent thereof) not less than an amount equal to the Federal poverty level for a family of 3 for the calendar year in which the taxable year begins divided by 2,080, or ``(B) provides either-- ``(i) a defined contribution plan which for any plan year-- ``(I) requires the employer to make nonelective contributions of at least 5 percent of compensation for each employee who is not a highly compensated employee, or ``(II) requires the employer to make matching contributions of 100 percent of the elective contributions of each employee who is not a highly compensated employee to the extent such contributions do not exceed the percentage specified by the plan (not less than 5 percent) of the employee's compensation, or ``(ii) a defined benefit plan which for any plan year requires the employer to make contributions on behalf of each employee who is not a highly compensated employee in an amount which will provide an accrued benefit under the plan for the plan year which is not less than 5 percent of the employee's compensation.''. (b) Allowance as General Business Credit.--Section 38(b) of the Internal Revenue Code or 1986 is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following: ``(32) the Eagle employer credit determined under section 45O.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Eagle Employers Act - Amends the Internal Revenue Code to allow a taxpayer certified as an Eagle employer by the Secretary of the Treasury a tax credit for one percent of such employer's taxable income. Defines an " Eagle employer" as any taxpayer who: (1) maintains its headquarters in the United States; (2) pays at least 60% of the health care premiums of its employees; (3) maintains or increases the number of its full-time workers in the United States relative to its full-time workers outside of the United States; (4) provides full differential salary and insurance benefits for all National Guard and Reserve employees called to active duty; and (5) provides its employees with a certain level of compensation and retirement benefits.

To provide a Federal income tax credit for Eagle employers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Infrastructure Tax Fairness Act''. SEC. 2. LIMITATION ON DISCRIMINATORY TAXATION OF OIL PIPELINE PROPERTY. (a) Definitions.--For purposes of this Act: (1) Assessment.--The term ``assessment'' means valuation for a property tax levied by a taxing authority. (2) Assessment jurisdiction.--The term ``assessment jurisdiction'' means a geographical area used in determining the assessed value of property for ad valorem taxation. (3) Commercial and industrial property.--The term ``commercial and industrial property'' means property (excluding oil pipeline property, public utility property, and land used primarily for agricultural purposes or timber growth) devoted to commercial or industrial use and subject to a property tax levy. (4) Oil pipeline property.--The term ``oil pipeline property'' means all property, real personal and intangible: (A) owned or used by an oil pipeline providing interstate transportation of oil, refined petroleum products or other hazardous liquids; (B) owned or used by an oil pipeline for storage of oil, refined petroleum products or other hazardous liquids, which is connected to any property described in subparagraph (B); or (C) subject to the jurisdiction of the Federal Energy Regulatory Commission. (5) Public utility property.--The term ``public utility property'' means property (excluding oil pipeline property) that is devoted to public service and is owned or used by any entity that performs a public service and is regulated by any governmental agency. (b) Discriminatory Acts.--The acts specified in this subsection unreasonably burden and discriminate against interstate commerce. A State, subdivision of a State, authority acting for a State or subdivision of a State, or any other taxing authority (including a taxing jurisdiction and a taxing district) may not do any of the following such acts: (1) Assess oil pipeline property at a value that has a higher ratio to the true market value of the oil pipeline property than the ratio that the assessed value of other commercial and industrial property in the same assessment jurisdiction has to the true market value of the other commercial and industrial property, or levy or collect a tax on such an assessment. (2) Levy or collect an ad valorem property tax on oil pipeline property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. (3) Impose any other tax that discriminates against oil pipeline property described in subsection (a)(4) of this section. SEC. 3. JURISDICTION OF COURTS; RELIEF. (a) Grant of Jurisdiction.--Notwithstanding section 1341 of title 28, United States Code, and notions of comity, and without regard to the amount in controversy or citizenship of the parties, the district courts of the United States shall have jurisdiction, concurrent with other jurisdiction of the courts of the United States, of States, and of all other taxing authorities and taxing jurisdictions, to prevent a violation of section 1. (b) Relief.--Except as otherwise provided in this subsection, relief may be granted under this Act only if the ratio of assessed value to true market value of oil pipeline property exceeds by at least 5 percent the ratio of assessed value to true market value of other commercial and industrial property in the same assessment jurisdiction. If the ratio of the assessed value of other commercial and industrial property in the assessment jurisdiction to the true market value of all other commercial and industrial property cannot be determined to the satisfaction of the court through the random-sampling method known as a sales assessment ratio study (to be carried out under statistical principles applicable to such a study), each of the following shall be a violation of section 1 for which relief under this Act may be granted: (1) An assessment of the oil pipeline property at a value that has a higher ratio of assessed value to the true market value of the oil pipeline property than the ratio of the assessed value of all other property (excluding public utility property) subject to a property tax levy in the assessment jurisdiction has to the true market value of all other property (excluding public utility property). (2) The collection of an ad valorem property tax on the oil pipeline property at a tax rate that exceeds the tax rate applicable to all other taxable property (excluding public utility property) in the taxing jurisdiction.

Energy Infrastructure Tax Fairness Act - Describes the following as acts that unreasonably burden and discriminate against interstate commerce, and prohibits states, political subdivisions, and any other taxing authority from: (1) assessing oil pipeline property at a value that has a higher ratio to its true market value than the ratio used to assess other commercial and industrial property in the same assessment jurisdiction; (2) levying or collecting a tax on such an assessment; (3) levying or collecting an ad valorem property tax on oil pipeline property at a rate that exceeds the rate applicable to commercial and industrial property in the same assessment jurisdiction; or (4) imposing any other tax that discriminates against oil pipeline property providing interstate transportation of oil, refined petroleum products, or other hazardous liquids and subject to the jurisdiction of the Federal Energy Regulatory Commission. Grants jurisdiction to U.S. District Courts and provides for specified relief for claims of discriminatory taxation of oil pipeline property.

To limit the discriminatory taxation of oil pipeline property.

SECTION 1. FINDINGS. (a) Findings.--Congress finds the following: (1) From 1998 to 2008, enrollment in for-profit institutions of higher education increased by 225 percent, from 553,000 students to 1,800,000 students. (2) On average, 86 percent of revenues at 15 large, publicly traded companies that operate for-profit institutions of higher education came from the Federal Government through student aid programs. (3) In 2009, students who enrolled at for-profit institutions of higher education received $30,000,000,000 in Federal Pell Grants and student loans. (4) Eight out of the 10 top recipients of Post-9/11 Educational Assistance funds are for-profit institutions of higher education. For-profit colleges received 37 percent ($4,400,000,000) of all Post-9/11 Educational Assistance funds during the 2-year period of August 1, 2009 through July 30, 2011. (5) Six of the top 10 military tuition assistance recipients are for-profit institutions of higher education. For-profit colleges received half of all tuition assistance dollars--$280,000,000 out of $563,000,000 spent last year. (6) The 15 companies that received 86 percent of their revenues from Federal student aid programs spent $3,700,000,000 (23 percent of expenditures) on advertising, marketing, and recruitment in fiscal year 2009. (7) According to documents obtained by the Committee on Health, Education, Labor and Pensions of the Senate (referred to in this Act as the ``HELP Committee''), 30 companies operating for-profit institutions of higher education spent $4,100,000,000 on advertising, marketing, and recruitment in fiscal year 2009. (8) An analysis of 8 publicly traded companies that operate institutions of higher education shows that, on average, they spend 31 percent of expenditures on advertising, marketing, and recruiting. (9) Documents obtained by the HELP Committee reveal that for-profit institutions of higher education have created sophisticated marketing plans and employed many third parties as well as large sales forces specifically tasked with enrolling as many students as possible, including veterans, servicemembers, and their families. (10) In 2010, an undercover investigation by the Government Accountability Office documented misleading and deceptive recruitment practices at each of 15 for-profit institutions of higher education campuses visited. Misleading statements included information regarding the cost of attendance, transferability of credits, loan repayment by future employers, job placement, and likelihood of graduation. (11) Documents produced to the HELP Committee demonstrate that revenue from Federal funds is used to pay recruiters, who, at some for-profit institutions of higher education, are trained to exploit emotional vulnerabilities of prospective students to meet enrollment thresholds. (12) Documents produced to the HELP Committee demonstrate that revenues from Federal funds are used to pay very large sales staff titled ``enrollment advisors'', including 8,137, 5,669 and 3,069 of such individuals at 3 large for-profit companies. (13) The number of enrollment advisors at several for- profit institutions of higher education examined by the HELP Committee are very disproportionate with the number of staff engaged in all student support services, including job placement, which were 3,737, 2,582 and 2,472 at the same 3 for- profit companies. SEC. 2. RESTRICTIONS ON SOURCES OF FUNDS FOR RECRUITING AND MARKETING ACTIVITIES. Section 119 of the Higher Education Opportunity Act (20 U.S.C. 1011m) is amended-- (1) in the section heading, by inserting ``and restrictions on sources of funds for recruiting and marketing activities'' after ``funds''; (2) in subsection (d), by striking ``subsections (a) through (c)'' and inserting ``subsections (a), (b), (c), and (e)''; (3) by redesignating subsection (e) as subsection (f); and (4) by inserting after subsection (d) the following: ``(e) Restrictions on Sources of Funds for Recruiting and Marketing Activities.-- ``(1) In general.--An institution of higher education, or other postsecondary educational institution, may not use revenues derived from Federal educational assistance funds for recruiting or marketing activities described in paragraph (2). ``(2) Covered activities.--Except as provided in paragraph (3), the recruiting and marketing activities subject to paragraph (1) shall include the following: ``(A) Advertising and promotion activities, including paid announcements in newspapers, magazines, radio, television, billboards, electronic media, naming rights, or any other public medium of communication, including paying for displays or promotions at job fairs, military installations, or college recruiting events. ``(B) Efforts to identify and attract prospective students, either directly or through a contractor or other third party, including contact concerning a prospective student's potential enrollment or application for grant, loan, or work assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or participation in preadmission or advising activities, including-- ``(i) paying employees responsible for overseeing enrollment and for contacting potential students in-person, by phone, by email, or by other internet communications regarding enrollment; and ``(ii) soliciting an individual to provide contact information to an institution of higher education, including websites established for such purpose and funds paid to third parties for such purpose. ``(C) Such other activities as the Secretary of Education may prescribe, including paying for promotion or sponsorship of education or military-related associations. ``(3) Exceptions.--Any activity that is required as a condition of receipt of funds by an institution under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), is specifically authorized under such title, or is otherwise specified by the Secretary of Education, shall not be considered to be a covered activity under paragraph (2). ``(4) Federal educational assistance funds.--In this subsection, the term `Federal educational assistance funds' means funds provided directly to an institution or to a student attending such institution under any of the following provisions of law: ``(A) Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(B) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. ``(C) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. ``(D) Section 1784a, 2005, or 2007 of title 10, United States Code. ``(E) Title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). ``(F) The Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.). ``(5) Rule of construction.--Nothing in this section shall be construed as a limitation on the use by an institution of revenues derived from sources other than Federal educational assistance funds. ``(6) Reporting.--Each institution of higher education, or other postsecondary educational institution, that receives revenues derived from Federal educational assistance funds shall report annually to the Secretary and to Congress the institution's expenditures on advertising, marketing, and recruiting.''.

Amends the Higher Education Opportunity Act to prohibit postsecondary educational institutions from using revenues derived from federal educational assistance funds for: (1) advertising and promotion; (2) identifying and attracting prospective students; or (3) other activities the Secretary of Education may proscribe, such as paying for the promotion or sponsorship of education or military-related associations. Excepts from that prohibition activities that are required as a condition of receiving funds under title IV (Student Assistance) of the Higher Education Act of 1965, specifically authorized under title IV, or otherwise specified by the Secretary.

To amend the Higher Education Opportunity Act to restrict institutions of higher education from using revenues derived from Federal educational assistance funds for advertising, marketing, or recruiting purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children and Family HIV/AIDS Research and Care Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 2,000 children worldwide are infected with HIV each day, the vast majority through mother to child transmission. (2) More than 3,700 children and youth in the United States under the age of 13 are living with HIV and AIDS. (3) Young people ages 15 through 24 represent 50 percent of all new HIV infections worldwide. (4) Each day more than 6,000 youth become infected with HIV. (5) Of the more than 40,000 Americans newly infected with HIV every year, half are among people under 25 years old. (6) Women account for more than a quarter of all new HIV infections in the United States and young women represent 58 percent of new HIV cases among people ages 13 to 19. (7) Title IV of the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381) is a successful model of family-centered, coordinated health care and supportive services for women, children, youth and families. (8) Most programs under title IV of the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 are the principal source of medical care for HIV-positive children, youth, and pregnant women in their geographic area. (9) Children and youth living with HIV and AIDS have unique needs for specialized services in medical care and psychosocial support. (10) Title IV of the Ryan White Comprehensive AIDS Resources Emergency Act of 1990, including its Adolescent Initiative, is the leading national effort to link HIV-positive youth to comprehensive medical care and support services. (11) Each year more than 53,000 women, children, and youth receive services funded under title IV of the Ryan White Comprehensive AIDS Resources Emergency Act of 1990. (12) With no preventive intervention, an HIV-positive pregnant woman has a 25 percent chance of passing on the virus to her baby. With optimal care, including preventive drug interventions, the rate of mother-to-child transmission of HIV drops to 1 to 2 percent. (13) Services provided by programs funded under title IV of the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 have been essential in reducing the number of mother-to- child HIV infections in the United States from approximately 2,000 to fewer than 300 per year. (14) The Institute of Medicine recommends routine, voluntary HIV testing of pregnant women as a means to increasing the proportion of women tested and, ultimately, reducing mother-to-child transmission of HIV. (15) The Centers for Disease Control and Prevention also recommends a routine, voluntary approach to HIV testing of pregnant women as an effective means to reduce mother-to-child transmission of HIV. (16) Experts believe that vaccines to prevent HIV infection offer the best hope of controlling the global pandemic. However, some of the populations hardest hit by the disease (infants, preadolescents, and adolescents) are at risk of being left behind in the search for an effective vaccine against the virus. (17) To date, the vast majority of HIV vaccine trials have not included pediatric populations. Of the 110 trials that have been completed, only two of them included these populations. Of the 40 trials that are currently being conducted, only one involves pediatric populations. (18) Because we cannot assume that a vaccine tested in adults will also be safe and effective when used in pediatric populations, it will be important to ensure that promising vaccines are tested in all relevant pediatric populations as early as is medically and ethically appropriate. SEC. 3. ENSURING FAMILY-CENTERED, COORDINATED CARE FOR CHILDREN AND FAMILIES OF HIV/AIDS. Section 2671 of the Public Health Service Act (42 U.S.C. 300ff-71) is amended-- (1) in subsection (d)(1), by striking ``for'' and inserting ``coordinated, family-centered care, including''; and (2) in subsection (k), by striking ``1996 through 2000'' and inserting ``2005 through 2010''. SEC. 4. EXPANDING CARE FOR YOUTH. Section 2671(a) of the Public Health Service Act (42 U.S.C. 300ff- 71(a)) is amended by adding at the end thereof the following: ``(3) In the case of youth with HIV, providing health care and other supportive services designed to recruit and retain youth in care. For purposes of this paragraph, the term `youth with HIV' means individuals ages 13 through 24 infected through all modes of transmission including mother-to-child.''. SEC. 5. ENSURING ADEQUATE RESOURCES FOR CHILDREN AND FAMILIES. (a) Women, Infants, Children, and Youth Provisions.-- (1) Emergency relief.--Section 2604(b)(4) of the Public Health Service Act (42 U.S.C. 300ff-14(b)(4)) is amended by adding at the end the following: ``(C) Data.--In determining the amount of funds to use for services under subparagraph (A), the chief elected official of the eligible area involved shall use HIV case data (rather than AIDS case data) as soon as the use of such data is adopted for purposes of allocating any other funding authorized under this title.''. (2) General grants.--Section 2611(b) of the Public Health Service Act (42 U.S.C. 300ff-21(b)) is amended by adding at the end the following: ``(3) Data.--In determining the amount of funds to use for services under paragraph (1), the State involved shall use HIV case data (rather than AIDS case data) as soon as the use of such data is adopted for purposes of allocating any other funding authorized under this title. ``(4) Report.--Not later than October 1, 2007, the Secretary shall submit to the appropriate committees of Congress a report on-- ``(A) the status of HIV case data implementation in relation to the allocation of funds under this subsection and under section 2604(b)(4); and ``(B) if such data is being used for allocating resources under this title, the impact of the transition from AIDS case data to HIV case data on the resources directed to women, infants, children and youth under this subsection and under section 2604(b)(4).''. (b) CDC Guidelines for Pregnant Women.--Section 2625 of the Public Health Service Act (42 U.S.C. 300ff-33) is amended by adding at the end the following: ``(d) Demonstration Grants.-- ``(1) In general.--The Secretary shall award demonstration grants to public and nonprofit private entities to enable such entities to conduct assessments of the effectiveness of each of the following strategies in reducing the mother-to-child transmission of HIV: ``(A) Increasing the routine, voluntary HIV testing of pregnant women, including rapid testing at the time of labor for women whose HIV status is unknown. ``(B) Increasing access to prenatal care for HIV- positive pregnant women and providing intensive case management and support services for HIV-positive pregnant women. ``(2) Priority.--In awarding grants under this subsection, the Secretary shall give priority to entities that serve pregnant women in areas where mother-to-child HIV transmission persists. ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, $10,000,000 for fiscal year 2005, and such sums as may be necessary for each of fiscal years 2006 through 2010.''. SEC. 6. ENSURING ACCESS TO RESEARCH FOR INFANTS, CHILDREN, AND YOUTH. (a) In General.--Part D of title XXVI of the Public Health Service Act is amended by inserting after section 2673 (42 U.S.C. 300ff-73) the following: ``SEC. 2673A. PEDIATRIC HIV VACCINE TESTING. ``(a) In General.--Not later than 120 days after the date of enactment of the Children and Family HIV/AIDS Research and Care Act of 2004, the Director of the National Institutes of Health, acting through the Director of the Office of AIDS Research and in collaboration with the Secretary of Defense, relevant institutes and centers of the National Institutes of Health, and other federally funded HIV vaccine research programs, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report on the status of activities under the most recent plan of the National Institutes of Health for HIV-related research related to the testing of potential HIV vaccine candidates in relevant pediatric populations. ``(b) Requirements.--The report submitted under subsection (a) shall include-- ``(1) plans for expanding existing capacity for HIV vaccine candidate testing in relevant pediatric populations across all institutes, centers, and clinical trials networks of the National Institutes of Health, and other federally funded HIV vaccine research programs; ``(2) plans for increasing coordination across relevant institutes and centers of the National Institutes of Health, other federally funded HIV vaccine research programs, the Food and Drug Administration, the Centers for Disease Control and Prevention, and the Partnership for AIDS Vaccine Evaluation, in advancing pediatric HIV vaccine testing and for identifying opportunities for collaboration with activities under the authority of the Office of the Global HIV/AIDS Coordinator; ``(3) appropriate principles for initiating HIV vaccine testing in relevant pediatric populations, including recommendations for sequencing the enrollment of adults and relevant pediatric populations and for addressing issues related to human subjects protections for children involved in clinical research; and ``(4) proposed community education efforts in support of the inclusion of relevant pediatric populations in HIV vaccine clinical trials. ``(c) Guidance.--Not later than 120 days after the date of enactment of the Children and Family HIV/AIDS Research and Care Act of 2004, the Commissioner of Food and Drugs, in consultation with appropriate public and private entities, shall issue guidance on-- ``(1) the minimum requirements for obtaining approval of the Food and Drug Administration to test an HIV vaccine in pediatric populations; and ``(2) the minimum requirements for obtaining Food and Drug Administration approval of a pediatric indication of an HIV vaccine. ``(d) Commitment to Additional Research.--The Director of the National Institutes of Health shall invest in domestic and international research on the following: ``(1) The long-term health effects of preventive drug regimens on HIV-exposed pediatric populations. ``(2) The long-term health, psycho-social, and prevention needs for pediatric populations perinatally HIV-infected. ``(3) The transition to adulthood for HIV-infected pediatric populations. ``(4) Safer and more effective treatment options for pediatric populations with HIV disease. ``(e) Pediatric Populations.--In this section, the term `pediatric populations' includes neonate, infants, children, and adolescents, and the term `relevant pediatric populations' means pediatric populations at risk of HIV infection, including infants, preadolescents, and adolescents.''. (b) Coordinated Services.--Section 2671(b)(1)(C) of the Public Health Service Act (42 U.S.C. 300ff-71(b)(1)(C)) is amended by inserting ``including HIV vaccine research'' after ``linkages to research''.

Children and Family HIV/AIDS Research and Care Act of 2004 - Amends the Public Health Service Act to require that recipients of certain grants related to human immunodeficiency virus (HIV) research and services for women, infants, and children agree to provide coordinated, family-centered care. Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to award grants to provide health care and other supportive services to youth with HIV designed to recruit and retain youth in care. Requires that chief elected officials in eligible areas and States allocate certain grant funds using HIV case data rather than acquired immune deficiency syndrome (AIDS) case data as soon as such data is adopted for other allocation purposes. Requires the Secretary to report on the status of using such HIV case data and the impact of this transition on the resources directed to women, infants, children and youth. Requires the Secretary to award demonstration grants to public and nonprofit private entities to conduct assessments of the effectiveness of certain strategies in reducing the mother-to-child transmission of HIV. Requires the Director of NIH, acting through the Director of the Office of AIDS Research, to report on activities related to the testing of potential HIV vaccine candidates in relevant pediatric populations. Requires the Commission of Food and Drugs to issue guidance on the minimum requirements for obtaining Food and Drug Administration (FDA) approval to test an HIV vaccine in pediatric populations and for a pediatric indication of an HIV vaccine. Requires the Director of NIH to invest in domestic and international research on specified topics related to HIV and pediatric populations.

A bill to amend the Public Health Service Act to reauthorize and extend certain programs to provide coordinated services and research with respect to children and families with HIV/AIDS.

SECTION 1. SHORT TITLE. This Act may be cited as the ``BRAC Cost Overruns Protection Act of 2007'' or the ``BRAC COP Act of 2007''. SEC. 2. LIMITATION ON COST GROWTH ASSOCIATED WITH 2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT. The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the end the following new section: ``SEC. 2915. LIMITATION ON COST GROWTH APPLICABLE TO MAJOR CLOSURES AND REALIGNMENTS UNDER 2005 ROUND. ``(a) Semiannual Report on Implementation Costs.-- ``(1) In general.--Not later than October 7, 2007, and every 180 days thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the costs of implementing the recommendations of the Commission contained in the report transmitted to Congress on September 15, 2005, under section 2903(e) that relate to closures and realignments that have not been fully implemented. ``(2) Estimates required.--Each report submitted under paragraph (1) shall include, for each individual recommended major base closure or realignment-- ``(A) the baseline estimate of one-time implementation costs; and ``(B) the current estimate of one-time implementation costs, including any increase attributable to actual or anticipated costs due to inflation. ``(b) Special Procedures Required To Address Certain Cost Increases.-- ``(1) Notification requirement.--In the event that the Secretary of Defense determines, based on a report prepared under subsection (a), that the current estimate of one-time implementation costs for an individual major base closure or realignment is at least 25 percent greater than the baseline estimate of one-time implementation costs for such closure or realignment (in this section referred to as a `substantially over budget major base closure or realignment'), the Secretary shall promptly provide notification of such determination, including the amount of the expected increase and the date the determination was made, to the chairman and ranking member of each of the congressional defense committees. ``(2) Business plan to control costs.--The Secretary of Defense shall develop a business plan to reduce the costs of any individual substantially over budget major base closure or realignment to a level less than 25 percent greater than the baseline estimate for such closure or realignment. ``(c) Implementation of Substantially Over Budget Major Base Closures and Realignments.-- ``(1) Recommendations.--Not later than 45 days after an individual base closure or realignment is identified in a report required under subsection (a) as a substantially over budget major base closure or realignment, the Secretary of Defense shall submit to the President a recommendation regarding whether to continue implementation of such closure or realignment. ``(2) Justification required.--In the event the Secretary recommends that an individual substantially over budget major base closure or realignment should continue to be implemented despite the excessive cost overruns, the Secretary shall include the justification for continuing such closure or realignment. ``(3) Report to congress.--Not later than 30 days after receiving a recommendation regarding whether to continue implementation of an individual substantially over budget major base closure or realignment under paragraph (1), the President shall submit to Congress a report including the recommendation of the President regarding the implementation of such closure or realignment. ``(4) Congressional disapproval.-- ``(A) In general.--The Secretary of Defense may not continue or discontinue the implementation of an individual substantially over budget major base closure or realignment recommended by the President under paragraph (3) if a joint resolution is enacted, in accordance with the provisions of subsection (d), disapproving such recommendation of the President before the earlier of-- ``(i) the end of the 45-day period beginning on the date on which the President submits to Congress a report under paragraph (3) that includes a recommendation regarding the implementation of an individual substantially over budget major base closure or realignment; or ``(ii) the adjournment of Congress sine die for the session during which such report is submitted. ``(B) Computation of period.--For purposes of subparagraph (A) of this paragraph and paragraphs (1) and (2) of subsection (d), the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of a period. ``(d) Congressional Consideration of Recommendation Regarding Implementation of Substantially Over Budget Major Base Closures or Realignment.-- ``(1) Terms of the resolution.--For purposes of subsection (c)(4), the term `joint resolution' means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President submits to Congress a report under subsection (c)(3) that includes a recommendation regarding the implementation of a substantially over budget major base closure or realignment, and-- ``(A) which does not have a preamble; ``(B) the matter after the resolving clause of which is as follows: `That Congress disapproves the recommendation of the President on ______ with respect to ______', the blank spaces being filled in with the appropriate date and the name of a military installation or other information that identifies the individual closure or realignment, respectively; and ``(C) the title of which is as follows: `Joint resolution disapproving the recommendation of the President regarding implementation of a substantially over budget major base closure or realignment.'. ``(2) Referral.--A resolution described in paragraph (1) that is introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. A resolution described in paragraph (1) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate. ``(3) Discharge.--If the committee to which a resolution described in paragraph (1) is referred has not reported such resolution (or an identical resolution) by the end of the 20- day period beginning on the date on which the President submits to Congress a report under subsection (c)(3) that includes a recommendation regarding the implementation of a substantially over budget major base closure or realignment, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. ``(4) Consideration.-- ``(A) In general.--On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under paragraph (3)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. 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 respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. ``(B) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. ``(C) Vote on final passage.--Immediately following the conclusion of the debate on a resolution described in paragraph (1) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. ``(D) Appeals.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in paragraph (1) shall be decided without debate. ``(5) Consideration by other house.-- ``(A) Procedures.--If, before the passage by one House of a resolution of that House described in paragraph (1), that House receives from the other House a resolution described in paragraph (1), then the following procedures shall apply: ``(i) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in clause (ii)(II). ``(ii) With respect to a resolution described in paragraph (1) of the House receiving the resolution-- ``(I) the procedure in that House shall be the same as if no resolution had been received from the other House; but ``(II) the vote on final passage shall be on the resolution of the other House. ``(B) Disposition.--Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. ``(6) Rules of the senate and house.--This section is enacted by Congress-- ``(A) 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 resolution described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(B) 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. ``(e) Definitions.--In this Act: ``(1) Major base closure or realignment.--The term `major base closure and realignment' means any base closure or realignment that requires $150,000,000 or more in military construction costs and an overall, one-time implementation cost of $300,000,000 or more. ``(2) Baseline estimate of one-time implementation costs.-- The term `baseline estimate of one-time implementation costs' means the applicable cost set forth in the Cost of Base Realignment Actions (COBRA) report used and released by the Secretary of Defense at the time the Secretary published in the Federal Register and transmitted to the congressional defense committees and the Commission the initial list of recommendations for closure or realignment of military installations under section 2914(a).''.

BRAC Cost Overruns Protection Act of 2007 or BRAC COP Act of 2007 - Amends the Defense Base Closure and Realignment Act of 1990 to direct the Secretary of Defense to report to the congressional defense committees on the costs of implementing recommendations of the Defense Base Closure and Realignment Commission that relate to military base closures and realignments that have not been fully implemented. Requires the Secretary to: (1) notify such committees if the Secretary determines that the current estimate of implementation costs for an individual major base closure or realignment is at least 25% greater than the baseline estimate for such closure or realignment; and (2) develop a business plan to reduce the costs of any individual substantially over-budget major base closure or realignment to a level less than 25% greater than its baseline estimate. Directs the: (1) Secretary to submit to the President a recommendation regarding whether to continue implementation of a substantially over-budget major base closure or realignment; and (2) President to report to Congress regarding the implementation of such a closure or realignment. Prohibits the Secretary from continuing or discontinuing the implementation of a substantially over-budget major closure or realignment recommended by the President if a joint resolution disapproving the President's recommendation is enacted.

A bill to limit cost growth associated with major defense base closures and realignments implemented as part of the 2005 round of defense base closure and realignment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mobilized Reserve Family Health Care Act of 2003''. SEC. 2. REDUCED HEALTH INSURANCE COSTS FOR FAMILY COVERAGE OF MILITARY RESERVISTS CALLED TO ACTIVE DUTY. (a) Refundable Credit for Costs Up to TRICARE Costs.-- (1) In general.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 35 the following new section: ``SEC. 35A. CERTAIN FAMILY COVERAGE HEALTH INSURANCE COSTS OF MILITARY RESERVISTS CALLED TO ACTIVE DUTY. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount paid during the taxable year by the taxpayer for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitations.-- ``(1) Credit limited to tricare costs.--The credit allowed by subsection (a) for any period shall not exceed an amount equal to the premium-equivalent of the family coverage cost of coverage under TRICARE for such period. ``(2) Limitation to coverage during active duty period.-- The credit allowed by subsection (a) shall apply only to amounts paid for coverage during the period referred to in subsection (c)(2). ``(3) Self-only coverage for reservist not included.--The credit allowed by subsection (a) shall not apply to self-only coverage for the eligible individual. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual-- ``(1) who, as a member of the National Guard or a reserve component of an Armed Force of the United States, has been called or ordered to active duty for a period in excess of 30 days or for an indefinite period, and ``(2) who elects that such individual and all other individuals who would (but for the election) be covered by TRICARE will not be so covered during the period beginning on the date of such call or order and ending on the last day of such active duty. ``(d) Denial of Double Benefit.--Amounts allowed as a credit under this section shall not be taken into account in determining the amount of any deduction or other credit under this chapter.'' (2) Conforming amendments.-- (A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35A of such Code''. (B) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 35 the following new item: ``Sec. 35A. Certain family coverage health insurance costs of military reservists called to active duty.''. (b) Deduction for Costs in Excess of TRICARE Costs.-- (1) In general.--Part VII of subchapter B of chapter 1 of such Code (relating to additional itemized deductions for individuals) is amended by redesignating section 223 as section 224 and by inserting after section 222 the following new section: ``SEC. 223. CERTAIN FAMILY COVERAGE HEALTH INSURANCE COSTS OF MILITARY RESERVISTS CALLED TO ACTIVE DUTY. ``(a) Allowance of Deduction.--In the case of an eligible individual (as defined in section 35A(c)), there shall be allowed as a deduction an amount equal to the amount paid during the taxable year by the taxpayer for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitation to Coverage During Active Duty Period.--The deduction under this section shall apply only to amounts paid for coverage during the period referred to in section 35A(c)(2). ``(c) Special Rules.-- ``(1) Self-only coverage for reservist not included.--The deduction under this section shall not apply to self-only coverage for the eligible individual. ``(2) Other rules to apply.--Rules similar to the rules of paragraphs (3), (4), and (5) of section 162(l) shall apply for purposes of this section.'' (2) Deduction allowed whether or not individual itemizes other deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (18) the following new paragraph: ``(19) Certain family coverage health insurance costs of military reservists called to active duty.--The deduction allowed by section 223.'' (3) Clerical amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 223. Certain family coverage health insurance costs of military reservists called to active duty. ``Sec. 224. Cross reference.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Mobilized Reserve Family Health Care Act of 2003 - Amends the Internal Revenue Code to allow a tax credit to cover the cost of insurance coverage under TRICARE for a member (and family) of the National Guard or a reserve component of a U.S. Armed Force who has been called or ordered to active duty for a period in excess of 30 days, or for an indefinite period, during such period of duty. Permits a deduction (for both itemizers and nonitemizers), applicable to such period of duty, for insurance costs in addition to the TRICARE costs.

To amend the Internal Revenue Code of 1986 to reduce the health insurance costs for family coverage of military reservists called to active duty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retooling America's Workers for a Green Economy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In October 2008, the numbers of mass layoffs (involving over 50 workers at one time) and initial unemployment claims reached their highest levels since 2001. According to the National Renewable Energy Laboratory, however, a major barrier to more rapid adoption of clean and renewable energy and energy efficiency measures is the lack of sufficient workers skilled in green technology. (2) In December 2008, unemployment figures showed a sharp deterioration in the economy. The unemployment rate rose from 6.8 percent in November, to 7.2 percent in December, of 2008. Employers shed 524,000 jobs in December 2008, and 1,900,000 jobs were lost over just the last 4 months of 2008. These job losses were widespread across most major industry sectors. (3) According to the Bureau of Labor Statistics, 11,100,000 people were unemployed in December 2008, an increase of 3,600,000 people since the recession started in December 2007. In December 2008, the number of workers who wanted to work full-time but worked part-time because their hours were cut or they could not find full-time jobs reached 8,000,000, up 3,400,000 since December 2007. (4) Analysts say that the Nation has yet to see the worst of the economic fallout. The latest prediction from HIS Global Insight forecasts that unemployment will be an estimated 8.6 percent by the end of 2009. (5) The reality of climate change and a shared desire to protect the environment for future generations have the potential to spur economic growth in green-collar jobs across the industrial spectrum. In order to prepare United States workers to build greener communities in both urban and rural settings, the Nation will need to make an investment in skills development for jobs in the current and future economies. SEC. 3. PURPOSE. The purpose of this Act is to retool America's workers--including dislocated workers, those who are long-term unemployed individuals, and those who are low-skilled individuals, limited English proficient individuals, individuals with disabilities, or older workers--for green-collar industries, for existing viable industries, and for new and emerging industries so that the workers described in this section can contribute to the long-term competitiveness of the United States and its quality of life. SEC. 4. DEFINITIONS. In this Act: (1) In general.--The terms ``adult'', ``chief elected official'', ``dislocated worker'', ``employment and training activities'', ``individual with a disability'', ``local area'', ``local board'', ``outlying area'', ``rapid response activities'', ``Secretary'', ``State'', and ``State board'' have the meanings given the terms in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (2) Community college.--The term ``community college'' means a 2-year institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Green-collar industries.--The term ``green-collar industries'' means industries throughout the economy of the United States-- (A) that promote energy efficiency, energy conservation, and environmental protection, including promoting renewable energy and clean technology; (B) that offer jobs with substantial pay and benefits; and (C) that are industries in which there is likely to be continued demand for workers. SEC. 5. ACTIVITIES FOR DISLOCATED WORKERS. (a) General Authority.--The Secretary is authorized to reserve $2,000,000,000 of the funds appropriated under this Act for rapid response activities, for dislocated worker employment and training activities under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.), or for employment and training assistance and additional assistance under section 173(a) of such Act (29 U.S.C. 2918(a)). (b) National Emergency Grants.--Of the reserved funds, the Secretary may use not more than $500,000,000 to award national emergency grants-- (1) to provide employment and training assistance to workers affected by major economic dislocations under section 173(a)(1) of such Act (29 U.S.C. 2918(a)(1)); and (2) to provide additional assistance under section 173(a)(3) of such Act (29 U.S.C. 2918(a)(3)) to a State or local board that meets the requirements of that section (in a case in which the expended funds involved were expended for assistance described in paragraph (1)). (c) State Activities.-- (1) In general.--After determining an amount from the reserved funds to be used under subsection (b), the Secretary may use the remaining funds to make allotments to States, and outlying areas, consistent with the allotment formula under section 132(b)(2) of such Act (29 U.S.C. 2862(b)(2)). Each State or outlying area may use 25 percent of the State's or outlying area's allotment for statewide rapid response activities for permanent closures or mass layoffs described in section 101(38) of such Act (42 U.S.C. 2801(38)) and efforts to avert future permanent closures or mass layoffs described in such section. (2) Use of dislocated workers to provide activities.--In providing statewide rapid response activities, States or entities designated by States (and outlying areas or entities designated by outlying areas), working in conjunction with local boards and chief elected officials, may enhance their services by employing dislocated workers to provide outreach, informal coaching, counseling or mentoring support, and information to other dislocated workers or unemployed persons. (d) Local Activities.-- (1) In general.--Each State or outlying area shall use 75 percent of the State's or outlying area's allotment to make allocations directly to local boards, for local areas, using the formula under section 133(b)(2)(B) of such Act (29 U.S.C. 2863(b)(2)(B)). (2) Priority.--A local board that receives an allocation under paragraph (1) shall use the funds made available through the allocation for dislocated worker employment and training activities. In providing the activities the local board shall give priority to providing the employment and training activities, including on-the-job training, in viable industries identified at the regional or local levels, including green- collar industries. (e) Report to Secretary.--Each State, in submitting an annual report under section 136(d) of such Act (29 U.S.C. 2871(d)), shall include information on entry of individuals who participated in employment and training activities in green-collar industries and other viable industries under this section into unsubsidized employment in a green-collar industry or other viable industry. (f) Report to Congress.--The Secretary shall annually prepare and submit to the appropriate committees of Congress information on entry of individuals who received services under subsection (b) into unsubsidized employment in a green-collar industry or other viable industry. SEC. 6. ACTIVITIES FOR ADULTS WITH MULTIPLE BARRIERS TO EMPLOYMENT. (a) Purpose.--The purpose of this section is to fully utilize the Nation's human capital by-- (1) helping adults with multiple barriers to employment acquire the skills to obtain jobs in viable industries, by providing intensive services, training services, and other employment and training activities; and (2) in particular, by providing employment and training activities in green-collar industries and other viable industries. (b) Definition.--The term ``adult with multiple barriers to employment'' means an adult who is long-term unemployed, a low-skilled individual, limited English proficient, an individual with a disability, or an older worker, with multiple barriers to finding a job in a viable industry. (c) General Authority.--The Secretary is authorized to reserve $800,000,000 of the funds appropriated under this Act to carry out this section. The Secretary shall use the reserved funds to make allotments to States and outlying areas, consistent with the allotment formula under section 132(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2862(b)(1)) to provide employment and training activities to adults with multiple barriers to employment. (d) State Activities.--Each State or outlying area may use 10 percent of the State's or outlying area's allotment to assist local boards in providing employment and training activities to adults with multiple barriers to employment, and assist the adults in attaining jobs in viable industries, with as much flexibility as is practicable. In providing assistance under this subsection, the State or outlying area may provide aid that includes assistance with system alignment (described in subsection (e)(1)(D)), the provision of capacity building and professional development activities for staff, and the provision of enhanced regional sector-based labor market information. (e) Local Activities.-- (1) In general.--Each State or outlying area shall use 90 percent of the State's or outlying area's allotment to make grants, on a competitive basis, to local boards for local areas, to provide employment and training activities to adults with multiple barriers to employment. (2) Priority.--In making the grants, the chief executive officer of the State or outlying area, in consultation with the State board involved, shall give priority to those local boards that-- (A) align their local areas to create regions that reflect natural labor markets or economic development districts; (B) reflect regional strategic partnerships described in paragraph (3) among local boards, industry (including business and labor), schools (including community colleges), and other community organizations to provide coherent programs of employment and training activities; (C) make special efforts to conduct outreach and provide services to adults with multiple barriers to employment who need to advance their careers or seek second careers due to the economic downturn; (D) align adult education, career and technical education, workforce investment, economic development, and related systems and resources to provide career pathway strategies for helping low-skilled individuals navigate through the continuum of needed education and supports, to ultimately achieve a postsecondary education credential or an industry-recognized certificate and a job leading to economic self- sufficiency; (E) provide an assurance that the local board will use at least 90 percent of the grant funds for intensive services described in section 134(d)(3)(C) and training services described in section 134(d)(4)(D) of such Act (29 U.S.C. 2864(d)(3)(C), 2864(d)(4)(D)), without regard to the eligibility requirements of section 134(d) of such Act (29 U.S.C. 2864(d)). (3) Strategic partnership.-- (A) In general.--For purposes of this section, a strategic partnership shall, in particular, be composed of at least 1 representative of a local board serving a community, and of each of the 8 types of organizations described in subparagraph (B). (B) Types of organizations.--The types of organizations referred to in subparagraph (A) are businesses, unions, labor-management partnerships, schools (including community colleges), public agencies, nonprofit community organizations, economic development entities, and philanthropic organizations, that are actively engaged in providing employment and training activities, including work opportunities and support, to adults with multiple barriers to employment. (f) Report to Secretary.-- (1) In general.--Each State, in submitting an annual report under section 136(d) of such Act (29 U.S.C. 2871(d)), shall include information-- (A) on acquisition of a recognized postsecondary education credential or an industry-recognized certificate by adults with multiple barriers to employment who participated in employment and training activities under this section; (B) on entry of such adults, who participated in such activities, into positions in unsubsidized employment in viable industries; and (C) for adults referred to in subparagraph (B), on average wages in such positions. (2) Refinements.--In establishing standards for the reports, the Secretary shall refine indicators to eliminate any unintended consequences for adults with multiple barriers to employment, or such adults who may need and seek less than full-time employment along a career path. SEC. 7. ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER TRAINING PROGRAM. The Secretary shall reserve $625,000,000 of the funds appropriated under this Act to carry out section 171(e) of the Workforce Investment Act of 1998 (29 U.S.C. 2916(e)). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Labor for activities described in this Act, $3,425,000,000, which shall be available for the period of January 1, 2009 through December 31, 2010.

Retooling America's Workers for a Green Economy Act - Authorizes the Secretary of Labor to reserve specified portions of certain appropriations to: (1) award national emergency grants and provide additional assistance to eligible entities for employment and training activities in green-collar industries for dislocated workers affected by major economic dislocations or a major disaster, as well as assistance for statewide rapid response activities for permanent closures or mass layoffs; (2) make allotments to states and outlaying areas to provide employment and training activities in green-collar industries for adults with multiple barriers to employment; and (3) carry out the energy efficiency and renewable energy worker training program.

A bill to provide funding for unemployment and training activities for dislocated workers and adults, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Home Fire Safety Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) There were 12,800 candle fires in 1998, resulting in 170 deaths, 1,200 civilian injuries, and $174,600,000 in property damage. (2) In 1998, mattress and bedding fires caused 410 deaths, 2,260 civilian injuries, and $255,400,000 in property damage. (3) The United States mattress industry has a long history of working closely with safety officials to reduce mattress flammability. For the past 25 years, mattresses have been subject to a Federal flammability standard that requires mattresses to resist ignition by smoldering cigarettes. (4) Nevertheless, in 1998, fires involving mattresses and bedding accessories (which include pillows, comforters, and bedspreads) caused 410 deaths, 2,260 civilian injuries, and $255,400,000 in property damage. (5) In many such fires, the bedding accessories are the first products to ignite. Such products have a material impact on the fire's intensity, duration, and the risk that the fire will spread beyond the room of origin. (6) Upholstered furniture fires were responsible for 520 deaths in 1998, with little statistical change in the number of fires and deaths since 1994. (7) While the fire death rates for upholstered furniture fires have dropped during the period 1982 through 1994 for both California and the entire Nation, death rates in California, which has stricter standards, have dropped by a larger percentage than the nation as a whole. (8) Children, the elderly, and lower income families are at higher risk of death and injury from upholstered furniture fires caused primarily by the increasing incidents of children playing with matches, candles, lighters, or other small open flames. (9) In view of the increased incidents of fire, it is important for Congress to establish fire safety standards for candles, mattresses, bed clothing, and upholstered furniture. (10) The Consumer Product Safety Commission is the appropriate agency to develop and enforce such standards. (11) The Environmental Protection Agency should continue to review and determine the suitability of any materials used to meet any fire safety standard established as a result of this Act. (b) Purposes.--The purposes of this Act are-- (1) to protect the public against death and injury from fires associated with candles, mattresses, bed clothing, and upholstered furniture; and (2) to require the Consumer Product Safety Commission to develop and issue comprehensive uniform safety standards to reduce the flammability of candles, mattresses, bed clothing, and upholstered furniture. SEC. 3. CONSUMER PRODUCT FIRE SAFETY STANDARDS. (a) In General.--Within 90 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate, as final consumer product safety standards under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), the following fire safety standards: (1) Upholstered furniture.--A fire safety standard for upholstered furniture that is substantially the same as the provisions of Technical Bulletin 117, ``Requirements, Test Procedure and Apparatus for Testing the Flame and Smolder Resistance of Upholstered Furniture'', published by the State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, February 2002. (2) Mattresses.--A fire safety standard for mattresses that is substantially the same as Technical Bulletin 603, ``Requirements and Test Procedure for Resistance of a Residential Mattress/Box Spring Set to a Large Open Flame'', published by the State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, February 2003. (3) Bedclothing.--A fire safety standard for bedclothing that is substantially the same as the October 22, 2003, draft for task force review of Technical Bulletin 604, ``Test Procedure and Apparatus for the Flame Resistance of Filled Bedclothing'', published by the State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, October, 2003. (4) Candles.--A fire safety standard for candles that is substantially the same as Provisional Standard PS 59-02, ``Provisional Specification for Fire Safety for Candles'', ASTM International, as that provisional standard existed on the date of enactment of this Act. (b) Application of Certain Promulgation Requirements.--The requirements of subsections (a) through (f) of section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), and section 36 of that Act (15 U.S.C. 2083), do not apply to the consumer product safety standards required to be promulgated by subsection (a) of this section.

American Home Fire Safety Act - Requires the Consumer Product Safety Commission to promulgate, as final consumer product safety standards under the Consumer Product Safety Act (CPSA), specified fire safety standards for upholstered furniture, mattresses, bedclothing, and candles. Makes certain CPSA promulgation requirements inapplicable to the standards required to be promulgated by this Act.

To provide for comprehensive fire safety standards for upholstered furniture, mattresses, bedclothing, and candles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Section 3 Modernization and Improvement Act of 2015''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) funds administered by the Department of Housing and Urban Development, particularly those intended for housing construction, rehabilitation, repair, modernization, management, self-sufficiency, community development, and other public construction, provide State and local governments, housing providers, and other recipients of this Federal financial assistance with substantial funds for projects and activities that produce significant economic opportunities for the communities where the funds are expended; (2) low- and very low-income persons, especially recipients of government assistance for housing, often face barriers to access training, employment, and contracting opportunities resulting from the expenditure of Federal funds in their communities; (3) training, employment, and contracting opportunities generated by projects and activities that receive assistance from the Department of Housing and Urban Development offer an effective means of empowering low- and very low-income persons and local businesses that provide training and job opportunities for such persons; (4) past Federal efforts to direct training, employment, and contracting opportunities generated by programs administered by the Secretary of Housing and Urban Development to low- and very low-income persons, and businesses that provide training and job opportunities for such persons, have not been fully effective and should be intensified; and (5) funding provided to other Federal agencies may also produce significant employment and contracting opportunities for the communities where the funds are expended. SEC. 3. REPORTING; SANCTIONS FOR NONCOMPLIANCE. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) is amended-- (1) by redesignating subsection (g) as subsection (k); and (2) by inserting after subsection (f) the following new subsections: ``(g) Reports.-- ``(1) Recipient reports to hud.-- ``(A) Requirement.--Each recipient of assistance referred to in subsection (c) or (d) (in this section referred to as a `recipient') shall report annually to the Secretary on their compliance with the employment and contracting requirements and on their contractors and subcontractors performance. Recipients shall ensure that their contractors and subcontractors provide them with any information necessary to make such reports. ``(B) Information regarding failure to meet employment and contracting requirement.--For any period during which a recipient, or their contractor or subcontractor, did not meet their employment or contracting requirement under subsection (c) or (d), the report shall describe actions that were taken to meet the requirement, including actions taken or that will be taken in future funding opportunities to address the deficiencies in the actions that resulted in failure to meet employment and contracting requirements. ``(C) Monthly reports by subrecipients.--Each recipient shall require any entity that is a subrecipient of such recipient for assistance referred to in subsection (c) or (d) to submit a report to such recipient monthly containing such information as the Secretary shall require to ensure that the recipient can comply with this paragraph. ``(D) Public availability.--Each report pursuant to this paragraph (including reports under subparagraph (C)) shall be made publicly available, in its entirety, not later than 15 business days after the end of the period covered by the report. Such availability shall include posting reports on a publicly accessible website on the World Wide Web and making printed and electronic copies publicly available upon request at no charge. ``(2) Annual hud reports to congress.-- ``(A) Requirement.--The Secretary shall submit a report annually to the Congress that provides a summary of the information contained in the reports submitted pursuant to paragraph (1). Such annual report shall provide information on the total amount of Federal funds that are subject to this section, by program area and geographical jurisdiction, and the outcomes produced, including specific information on the amount of training, jobs, and contracting opportunities generated by such funds. ``(B) Assessment of noncompliance.--Each report under this paragraph shall include-- ``(i) an assessment of any noncompliance by any recipients with the requirements of this section, by State; ``(ii) specific recommendations regarding actions to reduce and eliminate such noncompliance; and ``(iii) any sanctions imposed pursuant to subsection (h) for such noncompliance. ``(C) Review of effectiveness.--Each report under this paragraph shall include a review of the effectiveness of the program under this section in providing jobs for low- and very low-income persons, meeting unmet training and job readiness needs in the community, enabling low- and very low-income persons to hold a steady job, providing contracting opportunities for businesses that qualify for priority under paragraphs (1)(B) and (2)(B) of subsection (d), and any recommendations the Secretary determines appropriate regarding the program under this section. ``(3) GAO report.--Not later than the expiration of the two-year period beginning on the date of the enactment of the Section 3 Modernization and Improvement Act of 2015, the Comptroller General of the United States shall submit a report to the Congress regarding the implementation of this section (as amended by such Act), that-- ``(A) specifically describes the extent of compliance with this section, the amount of funds awarded that were covered by this section, and outcomes; and ``(B) makes recommendations to improve the effectiveness of this section and for when a subsequent such report should be required. ``(h) Noncompliance.-- ``(1) Investigation and determination.--In carrying out this section, the Secretary shall develop and implement procedures to assess compliance with the requirements of this section, to review complaints alleging noncompliance by any recipient or contractor with the requirements of this section, to make determinations as to whether such noncompliance has occurred, and to take such actions as provided in this subsection as the Secretary determines appropriate to ensure compliance and prevent future noncompliance. ``(2) Timely assessment.--The procedures required under paragraph (1) shall include measures that ensure that recipients and contractors are in compliance with the requirements of this section during the use of assistance referred to in subsection (c) or (d), including a requirement to report to the Secretary regarding compliance on a monthly basis and a requirement that the Secretary assess compliance by each recipient and contractor not less frequently than once every 3 months. ``(3) Sanctions.-- ``(A) Establishment.--The Secretary shall develop and implement policies and procedures for imposition of a series of administrative sanctions, graduated in severity, which shall be applied to recipients and their contractors and subcontractors that are determined do not comply with this section or the requirements established under the program under this section. ``(B) Automatic sanctions.--Such sanctions shall include certain measures, or a series of measures, that are applied in all instances of a determination of a failure to comply with certain requirements of this section or with certain requirements established under this program under this section, and shall not be subject to any discretion on the part of the Secretary as to whether to apply such measure or measures. ``(C) Actions.--Such sanctions shall include-- ``(i) requiring a recipient to enter into a compliance agreement with the Secretary is specifically designed to bring the recipient into compliance and provide for the creation of additional employment opportunities and, if such recipient refuses to enter into such agreement, recapture by the Secretary, from amounts provided to the recipient that were subject to this section, of an amount equal to the amount that was required under this section to be used to give low- and very low-income persons training and employment opportunities or economic opportunities but was not so used; ``(ii) reduction of future funds from the Department, including any discretionary funds available under the Choice Neighborhoods Initiative under section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v) and the rental assistance demonstration program (as such term is defined in subsection (e) of this section); ``(iii) debarment and suspension from, and limited denial of participation in programs of the Department; and ``(iv) such other sanctions as the Secretary determines appropriate to discourage noncompliance.''. SEC. 4. COVERAGE OF RENTAL ASSISTANCE DEMONSTRATION PROPERTIES. (a) Employment.--Subsection (c) of section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u(c)) is amended-- (1) in paragraph (2), by inserting before the first comma the following: ``(not including the rental assistance demonstration program)''; and (2) by adding at the end the following new paragraph: ``(3) Rental assistance demonstration program.-- ``(A) In general.--The Secretary shall require that public housing agencies and owners of multifamily properties assisted under the rental assistance demonstration program, and their contractors and subcontractors, make their best efforts, consistent with existing Federal, State, and local laws and regulations, to give to low- and very low-income persons all the training and employment opportunities generated by or in such properties, including such opportunities not involving property construction or rehabilitation (which shall include opportunities involving administration, management, service, and maintenance) and including such opportunities generated by assistance provided under the rental assistance demonstration program. ``(B) Priority.--The efforts required under subparagraph (A) shall be directed in the following order of priority: ``(i) To residents of the housing developments for which the assistance is expended. ``(ii) To residents of other developments managed by the public housing agency, if applicable, that is expending the assistance. ``(iii) To participants in YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act. ``(iv) To other low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is expended.''. (b) Contracting.--Subsection (d) of section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u(d)) is amended-- (1) in paragraph (2), by inserting before the first comma the following: ``(not including the rental assistance demonstration program)''; and (2) by adding at the end the following new paragraph: ``(3) Rental assistance demonstration program.-- ``(A) In general.--The Secretary shall require that public housing agencies and owners of multifamily properties assisted under the rental assistance demonstration program, and their contractors and subcontractors, make their best efforts, consistent with existing Federal, State, and local laws and regulations, to award contracts for work to be performed in connection with such properties, including work that does not involve property construction or rehabilitation (which shall include administration, management, service, and maintenance work) and including work in connection assistance provided under the rental assistance demonstration program, to business concerns that provide economic opportunities for low- and very low-income persons. ``(B) Priority.--The efforts required under subparagraph (A) shall be directed in the following order of priority: ``(i) To business concerns that provide economic opportunities for residents of the housing development for which the assistance is provided. ``(ii) To business concerns that provide economic opportunities for residents of other housing developments operated by the public housing agency, if applicable, that is providing the assistance. ``(iii) To YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act. ``(iv) To business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is provided.''. (c) Definition.--Subsection (e) of section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u(e)) is amended by adding at the end the following new paragraph: ``(3) Rental assistance demonstration program.--The term `rental assistance demonstration program' means the demonstration program of the Secretary of Housing and Urban Development conducted pursuant to the heading `Rental Assistance Demonstration' in title II of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2012 (division C of Public Law 112-55; 125 Stat. 673), as amended.''.

Section 3 Modernization and Improvement Act of 2015 This bill amends the Housing and Urban Development Act of 1968 to revise the Department of Housing and Urban Development (HUD) program for economic opportunities for low- and very low-income persons. Public and Indian housing agencies that receive HUD development assistance, operating assistance, or modernization grants provided under the program (recipients) must report annually to HUD on their compliance with employment and contracting requirements and on the performance of their contractors and subcontractors. HUD must develop and implement policies and procedures for imposing a series of administrative sanctions, graduated in severity, on recipients and their contractors and subcontractors for noncompliance with this Act or the program's requirements. The HUD rental assistance program is exempted from requirements that: opportunities for training and employment in connection with a housing rehabilitation, housing construction, or other public construction project be given to low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the project is located; and contracts awarded for work in connection with such projects be given to businesses providing economic opportunities for such persons in those areas in which the assistance is expended. HUD shall require that public housing agencies (PHAs) and owners of multifamily properties assisted under the rental assistance program, and their contractors and subcontractors, make their best efforts to give low- and very low-income persons all the training and employment opportunities generated by or in such properties, including opportunities: (1) not involving property construction or rehabilitation; and (2) generated by assistance provided under the program. HUD must also require that such PHAs and owners award work contracts in connection with these properties to businesses that provide economic opportunities for low- and very low-income persons.

Section 3 Modernization and Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``EPA Science Advisory Board Reform Act of 2012''. SEC. 2. SCIENCE ADVISORY BOARD. (a) Membership.--Section 8(b) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 4365(b)) is amended to read as follows: ``(b)(1) The Board shall be composed of at least nine members, one of whom shall be designated Chairman, and shall meet at such times and places as may be designated by the Chairman in consultation with the Administrator. ``(2) Each member of the Board shall be qualified by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section. The Administrator shall select Board members from nominations received as described in paragraph (3) and shall ensure that-- ``(A) the scientific and technical points of view represented on and the functions to be performed by the Board are fairly balanced among the members of the Board; ``(B) at least ten percent of the membership of the Board are representatives of State, local, or tribal governments; ``(C) not more than ten percent of the membership of the Board are current recipients of Environmental Protection Agency grants, contracts, cooperative agreements, or other financial assistance; ``(D) persons with substantial and relevant expertise are not excluded from the Board due to affiliation with or representation of entities that may have a potential interest in the Board's advisory activities, so long as that interest is fully disclosed to the Administrator and the public; ``(E) in the case of a Board advisory activity that may affect a single entity, no Board member representing such entity shall participate in that activity; and ``(F) Board members may not participate in advisory activities that directly or indirectly involve review and evaluation of their own work. ``(3) The Administrator shall-- ``(A) solicit public nominations for the Board by publishing a notification in the Federal Register; ``(B) solicit nominations from relevant Federal agencies, including the Departments of Agriculture, Defense, Energy, and Health and Human Services; ``(C) make public the list of nominees, including the identity of the entities that nominated them, and shall accept public comment on the nominees; ``(D) require that, upon nomination, nominees shall file a written report disclosing financial relationships and professional activities, including Environmental Protection Agency grants, contracts, cooperative agreements, or other financial assistance, that are relevant to the Board's advisory activities for the five-year period prior to the date of their nomination; and ``(E) make such reports public, with the exception of specific dollar amounts, for each member of the Board upon such member's selection. ``(4) The terms of the members of the Board shall be three years and shall be staggered so that the terms of no more than one-third of the total membership of the Board shall expire within a single fiscal year. No member shall serve more than two terms over a ten-year period.''. (b) Record.--Section 8(c) of such Act (42 U.S.C. 4365(c)) is amended-- (1) in paragraph (1), by inserting ``risk or hazard assessment,'' after ``at the time any proposed''; and (2) in paragraph (2), by adding at the end the following: ``The Board's advice and comments, including dissenting views of Board members, and the response of the Administrator shall be included in the record with respect to any proposed risk or hazard assessment, criteria document, standard, limitation, or regulation and published in the Federal Register.''. (c) Member Committees and Investigative Panels.--Section 8(e) of such Act (42 U.S.C. 4365(e)) is amended by adding at the end the following: ``These member committees and investigative panels-- ``(1) shall be constituted and operate in accordance with the provisions set forth in paragraphs (2) and (3) of subsection (b), in subsection (h), and in subsection (i); ``(2) do not have authority to make decisions on behalf of the Board; and ``(3) may not report directly to the Environmental Protection Agency.''. (d) Public Participation.--Section 8 of such Act (42 U.S.C. 4365) is amended by adding after subsection (g) the following: ``(h)(1) To facilitate public participation in the advisory activities of the Board, the Administrator and the Board shall make public all reports and relevant scientific information and shall provide materials to the public at the same time as received by members of the Board. ``(2) Prior to conducting major advisory activities, the Board shall hold a public information-gathering session to discuss the state of the science related to the advisory activity. ``(3) Prior to convening a member committee or investigative panel under subsection (e) or requesting scientific advice from the Board, the Administrator shall accept, consider, and address public comments on questions to be asked of the Board. The Board, member committees, and investigative panels shall accept, consider, and address public comments on such questions and shall not accept a question that unduly narrows the scope of an advisory activity. ``(4) The Administrator and the Board shall encourage public comments, including oral comments and discussion during the proceedings, that shall not be limited by an insufficient or arbitrary time restriction. Public comments shall be provided to the Board when received. The Board shall respond in writing to substantive comments offered by members of the public. ``(5) Following Board meetings, the public shall be given 15 calendar days to provide additional comments for consideration by the Board.''. (e) Operations.--Section 8 of such Act (42 U.S.C. 4365) is further amended by adding after subsection (h), as added by subsection (d) of this section, the following: ``(i)(1) In carrying out its advisory activities, the Board shall strive to avoid making policy determinations or recommendations, and, in the event the Board feels compelled to offer policy advice, shall explicitly distinguish between scientific advice and policy advice. ``(2) The Board shall clearly communicate uncertainties associated with the scientific advice provided to the Administrator. ``(3) The Board shall ensure that advice and comments reflect the views of the members and shall encourage dissenting members to make their views known to the public and the Administrator. ``(4) The Board shall conduct periodic reviews to ensure that its advisory activities are addressing the most important scientific issues affecting the Environmental Protection Agency.''.

EPA Science Advisory Board Reform Act of 2012 - Amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. (The Board provides scientific advice to the Administrator of the Environmental Protection Agency [EPA].) Revises the procedures for providing advice and comments to the Administrator by: (1) including risk or hazard assessments in the regulatory proposals and documents made available to the Board, and (2) requiring advice and comments to be included in the record regarding any such proposal and published in the Federal Register. Revises the operation of Board member committees and investigative panels to: (1) require that they operate in accordance with the membership, participation, and policy requirements (including new requirements for public participation in advisory activities of the Board) contained in this Act; (2) deny them authority to make decisions on behalf of the Board; and (3) prohibit direct reporting to EPA. Adds guidelines for the conduct of Board advisory activities, including concerning: (1) avoidance of making policy determinations or recommendations, (2) communication of uncertainties, (3) dissenting members' views, and (4) periodic reviews to ensure that such activities address the most important scientific issues affecting EPA.

To amend the Environmental Research, Development, and Demonstration Authorization Act of 1978 to provide for Scientific Advisory Board member qualifications, public participation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Market Fund Parity Act of 2007''. SEC. 2. MODERNIZATION OF S.E.C. BROKER-DEALER FINANCING RULES. (a) Rule Revision Required.--Not later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission, pursuant to its authority under section 15(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(c)(3)), shall revise Rules 15c3-1, 15c3-3, and 15c2-4 (17 C.F.R. 240.15c3-1, 240.15c3-3, 240.15c2-4) to provide for the comparable treatment of securities issued by qualified money market funds with the treatment of other low-risk securities and deposits under such rules, and the expanded use of securities issued by qualified money market funds for financing by brokers and dealers. (b) Required Revisions.--In making the revisions required by subsection (a), the Commission shall revise the requirements-- (1) under Rule 15c3-1 relating to net capital, by not requiring, in the computation of net capital (or any other capital requirement based on value-at-risk or similar financial models or systems) any deduction for assets of the broker or dealer invested in redeemable securities issued by one or more qualified money market funds; (2) under Rule 15c3-3 relating to custody and use of customers' securities-- (A) to permit a broker or dealer to use redeemable securities issued by one or more qualified money market funds as collateral in complying with any requirement regarding physical possession or control of fully-paid or excess margin securities borrowed from any person under terms no less favorable than the treatment afforded to any other collateral that the Commission permits under Rule 15c3-3(b)(3)(iii)(A) (17 C.F.R. 240.15c3-3(b)(3)(iii)(A)) or any successor rule, or by order; and (B) to permit a broker or dealer to-- (i) deposit redeemable securities issued by one or more qualified money market funds in any required special reserve account under terms no less favorable than the treatment afforded to any other qualified security (as such term is defined in Rule 15c3-3(a)(6) (17 C.F.R. 240.15c3-3(a)(6)) or any successor rule) or by order; and (ii) post as collateral or deposit in any required special reserve account redeemable securities issued by one or more qualified money market funds by pledging such securities through the facilities of a clearing agency registered under section 17A(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78q- 1(b)); and (3) under Rule 15c2-4 in connection with the underwritings to which Rule 15c2-4(b) applies-- (A) permit a broker or dealer that has obtained funds through the underwriting or distribution of securities-- (i) to invest such obtained funds pending the specified event or contingency in redeemable securities issued by one or more qualified money market funds and to deposit such obtained funds or redeemable securities in a separate bank account; and (ii) to transmit such obtained funds to a bank that has agreed to hold such obtained funds in escrow; and (B) permit the bank to which such obtained funds are transmitted pursuant to subparagraph (A)(ii) to invest such obtained funds pending the specified event or contingency in redeemable securities issued by one or more qualified money market funds; and (C) for the purposes of subparagraphs (A) and (B), permit the broker, dealer, or bank to invest, redeem, pledge, or receive the pledge of such obtained funds or such redeemable securities through the facilities of a clearing agency registered under section 17A(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78q-1(b)). (c) Definition of Qualified Money Market Fund.--For purposes of the rule revisions required under this Act, the term ``qualified money market fund'' shall be defined by the Commission in such rule revisions, but shall include any open-end management company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a- 8)-- (1) which is generally known as a ``money market fund''; (2) which has received the highest money market fund rating from a nationally recognized statistical rating organization; (3) which has agreed to redeem fund shares in cash, with payment being made no later than the business day following a redemption request by a shareholder (except in the event of an unscheduled closing of Federal Reserve Banks or the unscheduled closing of one or more national securities exchanges registered under section 6 of this title (15 U.S.C. 78f); and (4) which has adopted a policy to notify its shareholders of-- (A) any change in its rating not later than 30 days after the effective date of such change; and (B) any change in its policy to redeem fund shares in cash no later than the business day following a redemption request by a shareholder as required by paragraph (3), not less than 60 days prior to such change taking effect (except in the event of an unscheduled closing of Federal Reserve Banks or the unscheduled closing of one or more national securities exchanges registered under section 6 of this title (15 U.S.C. 78f)).

Money Market Fund Parity Act of 2007 - Directs the Securities and Exchange Commission to revise, according to specified requirements, rules relating to net capital, custody and use of customers' securities, and certain underwritings to provide for: (1) treatment of securities issued by qualified money market funds comparable with the treatment under those rules of other low-risk securities and deposits; and (2) the expanded use of securities issued by qualified money market funds for financing by brokers and dealers.

To direct the Securities and Exchange Commission to revise rules to provide for the comparable treatment and expanded use of qualified money market funds for broker-dealer financing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intellectual Property Protection and Courts Amendments Act of 2004''. TITLE I--ANTI-COUNTERFEITING PROVISIONS SEC. 101. SHORT TITLE. This title may be cited as the ``Anti-counterfeiting Amendments Act of 2004''. SEC. 102. PROHIBITION AGAINST TRAFFICKING IN COUNTERFEIT COMPONENTS. (a) In General.--Section 2318 of title 18, United States Code, is amended-- (1) by striking the section heading and inserting the following: ``Sec. 2318. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging''; (2) by striking subsection (a) and inserting the following: ``(a) Whoever, in any of the circumstances described in subsection (c), knowingly traffics in-- ``(1) a counterfeit label or illicit label affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany-- ``(A) a phonorecord; ``(B) a copy of a computer program; ``(C) a copy of a motion picture or other audiovisual work; ``(D) a copy of a literary work; ``(E) a copy of a pictorial, graphic, or sculptural work; ``(F) a work of visual art; or ``(G) documentation or packaging; or ``(2) counterfeit documentation or packaging, shall be fined under this title or imprisoned for not more than 5 years, or both.''; (3) in subsection (b)-- (A) in paragraph (2), by striking ``and'' after the semicolon; (B) in paragraph (3)-- (i) by striking ``and `audiovisual work' have'' and inserting the following: ```audiovisual work', `literary work', `pictorial, graphic, or sculptural work', `sound recording', `work of visual art', and `copyright owner' have''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(4) the term `illicit label' means a genuine certificate, licensing document, registration card, or similar labeling component-- ``(A) that is used by the copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging is not counterfeit or infringing of any copyright; and ``(B) that is, without the authorization of the copyright owner-- ``(i) distributed or intended for distribution not in connection with the copy, phonorecord, or work of visual art to which such labeling component was intended to be affixed by the respective copyright owner; or ``(ii) in connection with a genuine certificate or licensing document, knowingly falsified in order to designate a higher number of licensed users or copies than authorized by the copyright owner, unless that certificate or document is used by the copyright owner solely for the purpose of monitoring or tracking the copyright owner's distribution channel and not for the purpose of verifying that a copy or phonorecord is noninfringing; ``(5) the term `documentation or packaging' means documentation or packaging, in physical form, for a phonorecord, copy of a computer program, copy of a motion picture or other audiovisual work, copy of a literary work, copy of a pictorial, graphic, or sculptural work, or work of visual art; and ``(6) the term `counterfeit documentation or packaging' means documentation or packaging that appears to be genuine, but is not.''; (4) in subsection (c)-- (A) by striking paragraph (3) and inserting the following: ``(3) the counterfeit label or illicit label is affixed to, encloses, or accompanies, or is designed to be affixed to, enclose, or accompany-- ``(A) a phonorecord of a copyrighted sound recording or copyrighted musical work; ``(B) a copy of a copyrighted computer program; ``(C) a copy of a copyrighted motion picture or other audiovisual work; ``(D) a copy of a literary work; ``(E) a copy of a pictorial, graphic, or sculptural work; ``(F) a work of visual art; or ``(G) copyrighted documentation or packaging; or''; and (B) in paragraph (4), by striking ``for a computer program''; and (5) in subsection (d)-- (A) by inserting ``or illicit labels'' after ``counterfeit labels'' each place it appears; and (B) by inserting before the period at the end the following: ``, and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels''. (b) Civil Remedies.--Section 2318 of title 18, United States Code, is further amended by adding at the end the following: ``(f) Civil Remedies.-- ``(1) In general.--Any copyright owner who is injured, or is threatened with injury, by a violation of subsection (a) may bring a civil action in an appropriate United States district court. ``(2) Discretion of court.--In any action brought under paragraph (1), the court-- ``(A) may grant 1 or more temporary or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain a violation of subsection (a); ``(B) at any time while the action is pending, may order the impounding, on such terms as the court determines to be reasonable, of any article that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation of subsection (a); and ``(C) may award to the injured party-- ``(i) reasonable attorney fees and costs; and ``(ii)(I) actual damages and any additional profits of the violator, as provided in paragraph (3); or ``(II) statutory damages, as provided in paragraph (4). ``(3) Actual damages and profits.-- ``(A) In general.--The injured party is entitled to recover-- ``(i) the actual damages suffered by the injured party as a result of a violation of subsection (a), as provided in subparagraph (B) of this paragraph; and ``(ii) any profits of the violator that are attributable to a violation of subsection (a) and are not taken into account in computing the actual damages. ``(B) Calculation of damages.--The court shall calculate actual damages by multiplying-- ``(i) the value of the phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging, by ``(ii) the number of phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging. ``(C) Definition.--For purposes of this paragraph, the `value' of a phonorecord, copy, or work of visual art is-- ``(i) in the case of a copyrighted sound recording or copyrighted musical work, the retail value of an authorized phonorecord of that sound recording or musical work; ``(ii) in the case of a copyrighted computer program, the retail value of an authorized copy of that computer program; ``(iii) in the case of a copyrighted motion picture or other audiovisual work, the retail value of an authorized copy of that motion picture or audiovisual work; ``(iv) in the case of a copyrighted literary work, the retail value of an authorized copy of that literary work; ``(v) in the case of a pictorial, graphic, or sculptural work, the retail value of an authorized copy of that work; and ``(vi) in the case of a work of visual art, the retail value of that work. ``(4) Statutory damages.--The injured party may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for each violation of subsection (a) in a sum of not less than $2,500 or more than $25,000, as the court considers appropriate. ``(5) Subsequent violation.--The court may increase an award of damages under this subsection by 3 times the amount that would otherwise be awarded, as the court considers appropriate, if the court finds that a person has subsequently violated subsection (a) within 3 years after a final judgment was entered against that person for a violation of that subsection. ``(6) Limitation on actions.--A civil action may not be commenced under section unless it is commenced within 3 years after the date on which the claimant discovers the violation of subsection (a).''. (c) Conforming Amendment.--The item relating to section 2318 in the table of sections for chapter 113 of title 18, United States Code, is amended to read as follows: ``2318. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging.''. SEC. 103. OTHER RIGHTS NOT AFFECTED. (a) Chapters 5 and 12 of Title 17; Electronic Transmissions.--The amendments made by this title-- (1) shall not enlarge, diminish, or otherwise affect any liability or limitations on liability under sections 512, 1201 or 1202 of title 17, United States Code; and (2) shall not be construed to apply-- (A) in any case, to the electronic transmission of a genuine certificate, licensing document, registration card, similar labeling component, or documentation or packaging described in paragraph (4) or (5) of section 2318(b) of title 18, United States Code, as amended by this title; and (B) in the case of a civil action under section 2318(f) of title 18, United States Code, to the electronic transmission of a counterfeit label or counterfeit documentation or packaging defined in paragraph (1) or (6) of section 2318(b) of title 18, United States Code. (b) Fair Use.--The amendments made by this title shall not affect the fair use, under section 107 of title 17, United States Code, of a genuine certificate, licensing document, registration card, similar labeling component, or documentation or packaging described in paragraph (4) or (5) of section 2318(b) of title 18, United States Code, as amended by this title. TITLE II--FRAUDULENT ONLINE IDENTITY SANCTIONS SEC. 201. SHORT TITLE. This title may be cited as the ``Fraudulent Online Identity Sanctions Act''. SEC. 202. AMENDMENT TO TRADEMARK ACT OF 1946. Section 35 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly referred to as the ``Trademark Act of 1946''; 15 U.S.C. 1117), is amended by adding at the end the following new subsection: ``(e) In the case of a violation referred to in this section, it shall be a rebuttable presumption that the violation is willful for purposes of determining relief if the violator, or a person acting in concert with the violator, knowingly provided or knowingly caused to be provided materially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the violation. Nothing in this subsection limits what may be considered a willful violation under this section.''. SEC. 203. AMENDMENT TO TITLE 17, UNITED STATES CODE. Section 504(c) of title 17, United States Code, is amended by adding at the end the following new paragraph: ``(3) (A) In a case of infringement, it shall be a rebuttable presumption that the infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert with the violator, knowingly provided or knowingly caused to be provided materially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the infringement. ``(B) Nothing in this paragraph limits what may be considered willful infringement under this subsection. ``(C) For purposes of this paragraph, the term `domain name' has the meaning given that term in section 45 of the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes' approved July 5, 1946 (commonly referred to as the `Trademark Act of 1946'; 15 U.S.C. 1127).''. SEC. 204. AMENDMENT TO TITLE 18, UNITED STATES CODE. (a) Sentencing Enhancement.--Section 3559 of title 18, United States Code, is amended by adding at the end the following: ``(f)(1) If a defendant who is convicted of a felony offense (other than offense of which an element is the false registration of a domain name) knowingly falsely registered a domain name and knowingly used that domain name in the course of that offense, the maximum imprisonment otherwise provided by law for that offense shall be doubled or increased by 7 years, whichever is less. ``(2) As used in this section-- ``(A) the term `falsely registers' means registers in a manner that prevents the effective identification of or contact with the person who registers; and ``(B) the term `domain name' has the meaning given that term is section 45 of the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes' approved July 5, 1946 (commonly referred to as the `Trademark Act of 1946') (15 U.S.C. 1127).''. (b) United States Sentencing Commission.-- (1) Directive.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend the sentencing guidelines and policy statements to ensure that the applicable guideline range for a defendant convicted of any felony offense carried out online that may be facilitated through the use of a domain name registered with materially false contact information is sufficiently stringent to deter commission of such acts. (2) Requirements.--In carrying out this subsection, the Sentencing Commission shall provide sentencing enhancements for anyone convicted of any felony offense furthered through knowingly providing or knowingly causing to be provided materially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the violation. (3) Definition.--For purposes of this subsection, the term ``domain name'' has the meaning given that term in section 45 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly referred to as the ``Trademark Act of 1946''; 15 U.S.C. 1127). SEC. 205. CONSTRUCTION. (a) Free Speech and Press.--Nothing in this title shall enlarge or diminish any rights of free speech or of the press for activities related to the registration or use of domain names. (b) Discretion of Courts in Determining Relief.--Nothing in this title shall restrict the discretion of a court in determining damages or other relief to be assessed against a person found liable for the infringement of intellectual property rights. (c) Discretion of Courts in Determining Terms of Imprisonment.-- Nothing in this title shall be construed to limit the discretion of a court to determine the appropriate term of imprisonment for an offense under applicable law. TITLE III--COURTS SEC. 301. ADDITIONAL PLACE OF HOLDING COURT IN THE DISTRICT OF COLORADO. Section 85 of title 28, United States Code, is amended by inserting ``Colorado Springs,'' after ``Boulder,''. SEC. 302. PLACE OF HOLDING COURT IN THE NORTHERN DISTRICT OF NEW YORK. Section 112(a) of title 28, United States Code, is amended by inserting ``Plattsburgh,'' after ``Malone,''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Intellectual Property Protection and Courts Amendments Act of 2004 - Title I: Anti-counterfeiting Provisions - Anti-counterfeiting Amendments Act of 2004 - (Sec. 102) Rewrites Federal criminal code provisions regarding trafficking in counterfeit labels. Prohibits knowingly trafficking in: (1) a counterfeit or illicit label (defined in this Act) affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany, a phonorecord, a copy of a computer program, motion picture (or other audiovisual work), literary work, or pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging; or (2) counterfeit documentation or packaging. Provides for forfeiture or destruction of illicit (as well as counterfeit) labels and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels. Authorizes a copyright owner who is injured, or threatened with injury, by a violation to bring a civil action in U.S. district court. Authorizes the court: (1) to grant temporary or permanent injunctions to prevent or restrain violations; (2) to order the impounding of any article in the alleged violator's custody or control that was involved in a violation; and (3) to award to the injured party reasonable attorney fees and costs, actual damages, and any additional profits of the violator or statutory damages, as specified. Authorizes: (1) the injured party to elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits an award of statutory damages for each violation in a sum of between $2,500 and $25,000; and (2) the court to increase an award of damages by three times the amount that would otherwise be awarded for a violation occurring within three years after a final judgment was entered for a previous violation. Requires a civil action to be commenced within three years after the the violation is discovered. (Sec. 103) Declares that this title shall not: (1) affect provisions governing liability under Federal copyright law or fair use of a genuine certificate, licensing document, registration card, similar labeling component, or documentation or packaging; or (2) be construed to apply to the electronic transmission of certificates, licensing documents, registration cards, similar labeling components, or documentation or packaging. Title II: Fraudulent Online Identity Sanctions - Fraudulent Online Identity Sanctions Act - (Sec. 202) Amends the Trademark Act of 1946 and Federal copyright law to make it a a rebuttable presumption that a trademark violation or copyright infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert, knowingly provided or caused to be provided materially false contact information to a domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the violation or infringement. (Sec. 204) Requires the maximum imprisonment otherwise provided for a felony offense to be doubled or increased by seven years, whichever is less, if the defendant knowingly falsely registers and uses a domain name in the course of the offense. Directs the U.S. Sentencing Commission to review and amend the sentencing guidelines with respect to a conviction for the false registration and use of a domain name during the course of a felony. (Sec. 205) Provides that nothing in this title shall: (1) enlarge or diminish any rights of free speech or of the press for activities related to the registration or use of domain names; and (2) restrict a court's discretion in determining relief to be assessed against a person found liable for intellectual property right infringement, or in determining the appropriate term of imprisonment for an offense under applicable law. Title III: Courts - (Sec. 301) Amends the Federal judicial code to provide for: (1) an additional place of holding court in the District of Colorado at Colorado Springs; and (2) a place of holding court in the Northern District of New York at Plattsburgh.

To prevent and punish counterfeiting of copyrighted copies and phonorecords, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chile-NAFTA Accession Act''. SEC. 2. ACCESSION OF CHILE TO THE NORTH AMERICAN FREE TRADE AGREEMENT. (a) In General.--Subject to section 3, the President is authorized to enter into an agreement described in subsection (b) and the provisions of section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)) shall apply with respect to a bill to implement such agreement if such agreement is entered into on or before December 31, 2002. (b) Agreement Described.--An agreement described in this subsection means an agreement that-- (1) provides for the accession of Chile to the North American Free Trade Agreement; or (2) is a bilateral agreement between the United States and Chile that provides for the reduction and ultimate elimination of tariffs and other nontariff barriers to trade and the eventual establishment of a free trade area between the United States and Chile. SEC. 3. INTRODUCTION AND FAST-TRACK CONSIDERATION OF IMPLEMENTING BILL. (a) Introduction in House and Senate.--When the President submits to Congress a bill to implement a trade agreement described in section 2, the bill shall be introduced (by request) in the House and the Senate as described in section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)). (b) Restrictions on Content.--A bill to implement a trade agreement described in section 2-- (1) shall contain only provisions that are necessary to implement the trade agreement; and (2) may not contain any provision that establishes (or requires or authorizes the establishment of) a labor or environmental protection standard or amends (or requires or authorizes an amendment of) any labor or environmental protection standard set forth in law or regulation. (c) Point of Order in Senate.-- (1) Applicability to all legislative forms of implementing bill.--For the purposes of this subsection, the term ``implementing bill'' means the following: (A) The bill.--A bill described in subsection (a), without regard to whether that bill originated in the Senate or the House of Representatives. (B) Amendment.--An amendment to a bill referred to in subparagraph (A). (C) Conference report.--A conference report on a bill referred to in subparagraph (A). (D) Amendment between houses.--An amendment between the houses of Congress in relation to a bill referred to in subparagraph (A). (E) Motion.--A motion in relation to an item referred to in subparagraph (A), (B), (C), or (D). (2) Making of point of order.-- (A) Against single item.--When the Senate is considering an implementing bill, a Senator may make a point of order against any part of the implementing bill that contains material in violation of a restriction under subsection (b). (B) Against several items.--Notwithstanding any other provision of law or rule of the Senate, when the Senate is considering an implementing bill, it shall be in order for a Senator to raise a single point of order that several provisions of the implementing bill violate subsection (b). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. (3) Effect of sustainment of point of order.-- (A) Against single item.--If a point of order made against a part of an implementing bill under paragraph (2)(A) is sustained by the Presiding Officer, the part of the implementing bill against which the point of order is sustained shall be deemed stricken. (B) Against several items.--In the case of a point of order made under paragraph (2)(B) against several provisions of an implementing bill, only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken. (C) Stricken matter not in order as amendment.-- Matter stricken from an implementing bill under this paragraph may not be offered as an amendment to the implementing bill (in any of its forms described in paragraph (1)) from the floor. (4) Waivers and appeals.-- (A) Waivers.--Before the Presiding Officer rules on a point of order under this subsection, any Senator may move to waive the point of order as it applies to some or all of the provisions against which the point of order is raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. (B) Appeals.--After the Presiding Officer rules on a point of order under this subsection, any Senator may appeal the ruling of the Presiding Officer on the point of order as it applies to some or all of the provisions on which the Presiding Officer ruled. (C) Three-fifths majority required.-- (i) Waivers.--A point of order under this subsection is waived only by the affirmative vote of at least the requisite majority. (ii) Appeals.--A ruling of the Presiding Officer on a point of order under this subsection is sustained unless at least the requisite majority votes not to sustain the ruling. (iii) Requisite majority.--For purposes of clauses (i) and (ii), the requisite majority is three-fifths of the Members of the Senate, duly chosen and sworn. (d) Applicability of Fast Track Procedures.--Section 151 of the Trade Act of 1974 (19 U.S.C. 2191) is amended-- (1) in subsection (b)(1)-- (A) by inserting ``section 3 of the Chile-NAFTA Accession Act,'' after ``the Omnibus Trade and Competitiveness Act of 1988,''; and (B) by amending subparagraph (C) to read as follows: ``(C) if changes in existing laws or new statutory authority is required to implement such trade agreement or agreements or such extension, provisions, necessary to implement such trade agreement or agreements or such extension, either repealing or amending existing laws or providing new statutory authority.'', and (2) in subsection (c)(1), by inserting ``or under section 3 of the Chile-NAFTA Accession Act,'' after ``the Uruguay Round Agreements Act,''.

Chile-NAFTA Accession Act - Authorizes the President to enter into: (1) an agreement for the accession of Chile to the North American Free Trade Agreement (NAFTA); or (2) a bilateral agreement between the United States and Chile that reduces and ultimately eliminates tariffs and other nontariff barriers to trade and provides for the eventual establishment of a free trade area. Applies congressional fast track procedures (no amendments) to implementing bills for trade agreements entered under this Act.

A bill to authorize negotiation for the accession of Chile to the North American Free Trade Agreement, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North American Wetlands Conservation Act Amendments of 1994''. SEC. 2. MATCHING, REPORTING, AND REVISING REQUIREMENTS. (a) Matching Requirement.--Section 8(b) of the North American Wetlands Conservation Act (16 U.S.C. 4407(b)) is amended by adding at the end the following new sentence: ``In the case of a project carried out in Mexico, the non-Federal share of the United States contribution to the costs of the project may include cash contributions from non- United States sources that are used to pay costs of the project.''. (b) Report to Congress.--Section 10(1) of such Act (16 U.S.C. 4409(a)(1)) is amended in subparagraph (B) by striking ``and'' after the semicolon, in subparagraph (C) by striking the period and inserting ``; and'', and by adding at the end the following: ``(D) wetlands conservation projects funded under this Act, listed and identified by type, conservation mechanism (such as acquisition, easement, or lease), location, and Pduration.''. (c) Revisions to Plan.--Section 11 of such Act (16 U.S.C. 4410) is amended-- (1) in the first sentence-- (A) by striking ``1991'' and inserting ``1998''; and (B) by inserting ``and Mexico'' after ``Canada''; and (2) by striking the second sentence. SEC. 3. ASSESSMENT OF PROGRESS IN WETLANDS CONSERVATION. The North American Wetlands Conservation Act (16 U.S.C. 4401 et seq.) is amended by adding at the end the following new section: ``SEC. 19. ASSESSMENT OF PROGRESS IN WETLANDS CONSERVATION. ``Not later than January 31, 1996, the Secretary, in cooperation with the Council, to further the purposes of the Act shall-- ``(1) develop and implement a strategy to assist in the implementation of this Act in conserving the full complement of North American wetlands systems and species dependent on those systems, that incorporates information existing on the date of the issuance of the strategy in final form on types of wetlands habitats and species dependent on the habitats; and ``(2) develop and implement procedures to monitor and evaluate the effectiveness of wetlands conservation projects completed under this Act.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR ALLOCATIONS UNDER NORTH AMERICAN WETLANDS CONSERVATION ACT. Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended by striking ``$15,000,000'' and all that follows through the end of the sentence and inserting the following: ``$20,000,000 for each of fiscal years 1995 and 1996 and $30,000,000 for each of fiscal years 1997 and 1998.''. SEC. 5. CONSERVATION OF COASTAL WETLANDS. Section 306(c) of the Coastal Wetlands Planning, Protection and Restoration Act (16 U.S.C. 3955(c)) is amended by inserting ``in coastal wetlands ecosystems'' after ``wetlands conservation projects''. SEC. 6. WILDLIFE PARTNERSHIP PROGRAM. The Partnerships For Wildlife Act (16 U.S.C. 3741 et seq.) is amended-- (1) in section 7103(3) (16 U.S.C. 3742(3)) by inserting ``the States and of'' after ``under the leadership of''; (2) in section 7104 (16 U.S.C. 3743)-- (A) by amending paragraph (2) to read as follows: ``(2) The term `designated State agency' means the government agency, department, or division of any State that is empowered under the laws of the State to exercise the functions ordinarily exercised by a State fish and wildlife agency.''; (B) in paragraph (4) by striking ``section 5(f)'' and inserting ``section 7105(g)''; (C) in paragraph (8)(A) by striking the period and inserting a semicolon; and (D) in paragraph (8)(C) by-- (i) striking ``section 3(5)'' and inserting ``section 3(6)''; and (ii) striking ``(16 U.S.C. 1362(5))'' and inserting ``(16 U.S.C. 1362(6))''; (3) in section 7104 (16 U.S.C. 3743) by-- (A) redesignating paragraph (8) as paragraph (9); and (B) inserting after paragraph (7) the following: ``(8) The term `State' means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, or American Samoa.''; (4) in section 7105(d) (16 U.S.C. 3744(d))-- (A) in paragraph (3) by inserting ``and'' after the semicolon; (B) in paragraph (4) by striking ``; and'' and inserting a period; and (C) by striking paragraph (5); (5) in section 7105 (16 U.S.C. 3744) by amending subsection (e) to read as follows: ``(e) Non-Federal Share of Projects.-- ``(1) State share.--Of the total cost each fiscal year of each project carried out with amounts provided by the Secretary under subsection (a), at least \1/3\ shall be paid with amounts from State, non-Federal sources, except that if designated State agencies from 2 or more States cooperate in implementing such a project at least 30 percent shall be paid with amounts from such State, non-Federal sources. Payments required by this paragraph may not be in the form of an in-kind Pcontribution. ``(2) Private share.--Of the total cost each fiscal year of each project carried out with amounts provided by the Secretary under subsection (a), at least \1/3\ shall be paid with amounts from voluntary contributions by private entities or persons, except that if designated State agencies from 2 or more States cooperate in implementing such a project, at least 30 percent shall be paid from such sources. Subject to the approval of the Secretary, such contributions for a project may be in the form of, but are not required to be limited to, private cash donations, and the contribution of materials, equipment, or services necessary for the project.''; (6) in section 7105(g) (16 U.S.C. 3744(g))-- (A) by amending paragraph (2) to read as follows: ``(2) The Secretary shall deposit into the Fund amounts appropriated to the Secretary for deposit to the Fund, of which not more than 4 percent shall be available to the Secretary to defray the costs of administering this chapter and evaluating wildlife conservation and appreciation projects.''; and (B) by striking paragraphs (3) and (4); and (7) in section 7105(h) (16 U.S.C. 3744(h))-- (A) by striking ``1995'' and inserting ``1998''; and (B) by striking ``to match the amount of contributions made to the Fund by the National Fish and Wildlife Foundation''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

North American Wetlands Conservation Act Amendments of 1994 - Amends the North American Wetlands Conservation Act to direct the Secretary of the Interior, in 1998 (currently, 1991) and at five-year intervals thereafter, to undertake with the appropriate officials of Canada and Mexico to revise the goals and other elements of the North American Waterfowl Management Plan. Requires the Secretary to develop: (1) a strategy to assist in conserving the full complement of North American wetlands systems and species dependent on such systems that incorporates existing information on types of wetlands habitats and species; and (2) procedures to monitor and evaluate the effectiveness of wetlands conservation projects completed under the Act. Extends the authorization of appropriations to carry out the North American Wetlands Conservation Act through FY 1998. Amends the Partnerships for Wildlife Act to remove a condition on Federal funding for State wildlife conservation and appreciation projects which prohibits such funding from exceeding the State share of the cost of the project. Sets forth required State and private shares of the cost of such projects. Removes provisions which authorize donations from the National Fish and Wildlife Foundation to carry out such projects and which require the Foundation to donate a specified amount to the Wildlife Conservation and Appreciation Fund. Extends the authorization of appropriations to the Fund through FY 1998.

North American Wetlands Conservation Act Amendments of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Cruise Missile Reconsideration Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States is currently developing a new nuclear-armed air-launched cruise missile, the long-range standoff weapon. (2) When asked by the Committee on Armed Services of the Senate before his confirmation hearing about his support for the long-range standoff weapon, Secretary of Defense James N. Mattis stated, ``I will carefully examine the utility and advisability of this program within existing nuclear doctrine.''. (3) When asked during his confirmation hearing whether he would commit to support continued development of the long-range standoff weapon, Secretary Mattis emphasized the need to examine its ``deterrent capability''. (4) The United States already plans to construct a new fleet of nuclear-capable penetrating long-range strike bombers, known as the B-21, that will carry the refurbished B61 nuclear gravity bomb. (5) The range and lethality of existing United States strategic bombers is being improved by the addition of the Joint Air to Surface Standoff Missile, a long-range conventionally armed air-launched cruise missile. The B-21 bomber will also be armed with this missile. (6) According to public reports, the long-range standoff weapon will be a far more precise version of its predecessor. (7) General James E. Cartwright, former head of United States Strategic Command, warned in 2016 that ``bring[ing] real precision to [nuclear] weapons'' could ``make them more usable''. (8) In a 2014 letter to the Committee on Appropriations of the Senate, Under Secretary of Defense Frank Kendall explained that the long-range standoff weapon could have utility ``[b]eyond deterrence''. (9) In a 2016 statement before the Subcommittee on Strategic Forces of the Committee on Armed Services of the House of Representatives, Assistant Secretary of Defense Robert Scher asserted that the long-range standoff weapon would provide the United States with the ability ``to respond proportionately to a limited nuclear attack''. (10) In a 2013 article in the Telegraph, Philip Hammond, then-Defense Secretary of the United Kingdom explained, ``A cruise-based deterrent would carry significant risk of miscalculation and unintended escalation.''. (11) In a 2015 article in the Washington Post, former Secretary of Defense William J. Perry and former Assistant Secretary of Defense Andrew Weber wrote, ``Because they can be launched without warning and come in both nuclear and conventional variants, cruise missiles are a uniquely destabilizing type of weapon.''. SEC. 3. RESTRICTION ON USE OF FUNDS FOR LONG-RANGE STANDOFF WEAPON. (a) In General.--Notwithstanding any other provision of law, in any fiscal year, the Secretary of Defense may not obligate or expend more than $95,600,000 on development of the long-range standoff weapon or any other nuclear-capable air-launched cruise missile, and the Secretary of Energy may not obligate or expend more than $220,253,000 on the life extension program for the W80-4 warhead, until the Secretary of Defense, in consultation with the heads of other relevant Federal agencies, submits to the appropriate congressional committees a Nuclear Posture Review that includes a detailed and specific assessment of the following: (1) The anticipated capabilities of the long-range standoff weapon to hold targets at risk beyond other already existing and planned nuclear-capable delivery systems. (2) The anticipated ability of the long-range standoff weapon to elude adversary integrated air and missile defenses compared to the B-21 bomber. (3) The anticipated effect of the long-range standoff weapon on strategic stability relative to other nuclear-armed countries. (4) The anticipated effect of the long-range standoff weapon on the offensive nuclear weapons capabilities and programs of other nuclear-armed countries. (5) The anticipated effect of the long-range standoff weapon on the response of other nuclear-armed countries to proposals to decrease or halt the growth of their nuclear stockpiles. (6) The anticipated effect of the long-range standoff weapon on the threshold for the use of nuclear weapons. (b) Form.--The Nuclear Posture Review required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

Nuclear Cruise Missile Reconsideration Act of 2017 This bill prohibits the obligation or expenditure of more than specified amounts by the Department of Defense (DOD) on development of the long-range standoff weapon or any other nuclear-capable air-launched cruise missile, or by the Department of Energy on the life extension program for the W80-4 warhead, until DOD submits to specified congressional committees a Nuclear Posture Review that includes an assessment of: the anticipated capabilities of the long-range standoff weapon to hold targets at risk beyond other already existing and planned nuclear-capable delivery systems; the anticipated ability of such weapon to elude adversary integrated air and missile defenses compared to the B-21 bomber; and the anticipated effect of such weapon on strategic stability relative to other nuclear-armed countries, on the offensive nuclear weapons capabilities and programs of other nuclear-armed countries, on the response of other nuclear-armed countries to proposals to decrease or halt the growth of their nuclear stockpiles, and on the threshold for the use of nuclear weapons.

Nuclear Cruise Missile Reconsideration Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Bald Eagle Recovery and National Emblem Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The bald eagle was designated as the national emblem of the United States on June 20, 1782, by our country's Founding Fathers at the Second Continental Congress. (2) The bald eagle is the greatest visible symbol of the spirit of freedom and democracy in the world. (3) The bald eagle species is unique to North America and represents the American values and attributes of freedom, courage, strength, spirit, loyalty, justice, equality, democracy, quality, and excellence. (4) The bald eagle is the central image used in the Great Seal of the United States and the seal of many branches and departments of the United States Government, including the President and the Vice President of the United States, the United States Congress, the Department of Defense, the Department of the Treasury, the Department of Justice, the Department of State, the Department of Commerce, the Department of Homeland Security, and the United States Postal Service. (5) The bald eagle's image and symbolism have played a profound role in establishing and honoring American beliefs and traditions. (6) The bald eagle's image and symbolism have influenced American art, music, history, literature, commerce, and culture since the founding of our Nation. (7) The bald eagle species was once threatened with possible extinction in the lower 48 States but is now making a gradual, encouraging recovery within America's lands, waterways, and skies. (8) The bald eagle was federally classified as an ``endangered'' species in 1973 under the Endangered Species Act of 1973, and, in 1995, was removed from the ``endangered'' species list and upgraded to the less imperiled ``threatened'' status under such Act. (9) The administration is likely to officially delist the bald eagle from both the ``endangered'' and ``threatened'' species lists under the Endangered Species Act of 1973 by no later than 2008. (10) The initial recovery of the bald eagle population in the United States was accomplished by the vigilant efforts of numerous caring agencies, corporations, organizations, and citizens. (11) The continued caring and concern of the American people and the further restoration and protection of the bald eagle and its habitat is necessary to guarantee the full recovery and survival of this precious national treasure for future generations. (12) Since the Endangered Species Act of 1973 requires that delisted species be administratively monitored for a 5-year period, the bald eagle nests in 49 States will require continual monitoring after the bald eagle is removed from the protection of such Act; and such efforts will require substantial funding to the Federal and State agencies and private organizations that will conduct such monitoring. (13) Due to Federal and State budget cutting and balancing trends, funding for on-going bald eagle care, restoration, monitoring, protection, and enhancement programs has diminished annually. (14) In anticipation of the nationwide observance of the official removal, by 2008, of the bald eagle from the ``threatened'' species list under the Endangered Species Act of 1973, and the 35th anniversary, in 2008, of the Endangered Species Act of 1973 and the designation of the bald eagle as an ``endangered'' species under such Act, Congress wishes to offer the opportunity for all persons to voluntarily participate in raising funds for future bald eagle recovery, monitoring, and preservation efforts and to contribute to a special American Eagle Fund endowment managed by the not-for-profit American Eagle Foundation of Tennessee in the United States, in cooperation with fund management experts. (15) It is appropriate for Congress to authorize coins-- (A) celebrating the recovery and restoration of the bald eagle, the living symbol of freedom in the United States, to America's lands, waterways, and skies; (B) commemorating the removal of the bald eagle from the ``endangered'' and ``threatened'' species lists under the Endangered Species Act of 1973; and (C) commemorating the 35th anniversary of the enactment of the Endangered Species Act of 1973 and the designation of the bald eagle as an ``endangered'' species under such Act. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In celebration of the recovery of the bald eagle, the national living symbol of freedom, to America's lands, waterways, and skies and in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973 and the placement of the bald eagle on the endangered species list under such Act, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 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 500,000 $1 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. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the bald eagle and its history, natural biology, and national symbolism. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2008'' ; and (C) 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 this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts, and the American Eagle Foundation of Tennessee in the United States; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. 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 quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2008. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; 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. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $3 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee in the United States to further its works. (c) Audits.--The American Eagle Foundation of Tennessee in the United States and the American Eagle Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation or the Fund under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

American Bald Eagle Recovery and National Emblem Commemorative Coin Act - Directs the Secretary of the Treasury, in celebration of the recovery of the bald eagle, in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973, and the placement of the bald eagle on the endangered species list under such Act, to mint and issue not more than: (1) 100,000 $5 gold coins; (2) 500,000 $1 silver coins; and (3) 750,000 half dollar coins. Directs that the design of the coins be emblematic of the bald eagle and its history, natural biology, and national symbolism. Requires that sales of the coins include a surcharge of $35 per coin for the $5 coin, $10 for the $1 coin, and $3 for the half dollar coin, which shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee to further its works.

To require the Secretary of the Treasury to mint coins celebrating the recovery and restoration of the American bald eagle, the national symbol of the United States, to America's lands, waterways, and skies and the great importance of the designation of the American bald eagle as an "endangered" species under the Endangered Species Act of 1973, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Distribution of State- Inspected Meat Act of 1996''. SEC. 2. FEDERAL AND STATE COOPERATION WITH RESPECT TO MEAT INSPECTION. (a) Waiver of Intrastate Distribution Limitation Under the Federal Meat Inspection Act.--Section 301(a) of the Federal Meat Inspection Act (21 U.S.C. 661(a)) is amended by adding the following paragraph at the end thereof: ``(5) Upon application of an appropriate State agency with which the Secretary may cooperate under this Act, the Secretary shall reevaluate the applicant State's meat inspection program to verify that its mandatory requirements are at least equal to the Federal inspection, reinspection, and sanitation requirements under title I of this Act. ``(A) In the event that the Secretary verifies that the mandatory inspection requirements of the applicant State are at least equal to Federal inspection requirements, the limitation in paragraph (1) of this section which restricts meat inspected by the applicant State to intrastate distribution shall be waived by the Secretary. ``(B) Following any waiver under subparagraph (A) of this paragraph, the Secretary is authorized to perform random inspections of State-inspected plants within the applicant State to ensure that the mandatory State inspection requirements employed therein are at least equal to the substantive Federal inspection requirements under title I of this Act. ``(C) The Secretary may utilize Federal personnel, or may cooperate with the appropriate State agency under this Act to train and utilize State personnel, to perform any random inspections authorized by this paragraph. ``(D) In the event that a random inspection performed under this paragraph discloses that a State- inspected plant is not employing mandatory inspection requirements at least equal to the substantive Federal inspection requirements under title I of this Act, the Secretary shall reimpose the restriction against the interstate distribution of meat and meat products produced at that plant until a subsequent inspection verifies that the plant has reestablished mandatory inspection requirements at least equal to the substantive Federal inspection requirements under title I of this Act.''. (b) Waiver of Intrastate Distribution Limitation Under the Poultry Products Inspection Act.--Section 5(a) of the Poultry Products Inspection Act (21 U.S.C. 454(a)) is amended by adding the following paragraph at the end thereof: ``(5) Upon application of an appropriate State agency with which the Secretary may cooperate under this Act, the Secretary shall reevaluate the applicant State's poultry inspection program to verify that its mandatory requirements are at least equal to the Federal inspection, reinspection, and sanitation requirements of this Act. ``(A) In the event that the Secretary verifies that the mandatory inspection requirements of the applicant State are at least equal to Federal inspection requirements, the limitation in paragraph (1) of this section that restricts poultry or poultry products inspected by the applicant State to intrastate distribution shall be waived by the Secretary. ``(B) Following any waiver under subparagraph (A) of this paragraph, the Secretary is authorized to perform random inspections of State-inspected plants within the applicant State to ensure that the mandatory State inspection requirements employed therein are at least equal to the substantive Federal inspection requirements under title I of this Act. ``(C) The Secretary may utilize Federal personnel, or may cooperate with the appropriate State agency under this Act to train and utilize State personnel, to perform any random inspections authorized by this paragraph. ``(D) In the event that a random inspection performed under this paragraph discloses that a State- inspected plant is not employing mandatory inspection requirements at least equal to the substantive Federal inspection requirements of this Act, the Secretary shall reimpose the restriction against the interstate distribution of poultry and poultry products produced at that plant until a subsequent inspection verifies that the plant has reestablished mandatory inspection requirements at least equal to the substantive inspection Federal requirements of this Act.''.

Interstate Distribution of State-Inspected Meat Act of 1996 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to permit interstate distribution of State-inspected meat and poultry under specified circumstances.

Interstate Distribution of State-Inspected Meat Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Energy Production Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act to is make the United States the world leader in green energy production and manufacturing by-- (1) promoting green technology innovation; (2) assisting in the transition to a green energy economy; and (3) increasing scientific knowledge that may reveal the basis for new or enhanced products, equipment, or processes. SEC. 3. DEFINITIONS. In this Act: (1) Biomass.--The term ``biomass'' has the meaning given the term ``renewable biomass'' in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)). (2) Environmentally protective.--The term ``environmentally protective'' means, with respect to technology, technology that-- (A) is most likely to result in the least impact to land, forests, water quantity and quality, air quality, and wildlife habitat; and (B) possesses the highest potential for long-term sustained production of green energy. (3) Green energy.-- (A) In general.--The term ``green energy'' has the meaning given the term ``renewable energy''. (B) Inclusion.--The term ``green energy'' includes energy derived from coal produced in a manner that-- (i) sequesters carbon from carbon dioxide emissions at a minimum 85 percent capture rate on an annual basis; and (ii) complies with section 1421(d) of the Safe Drinking Water Act (42 U.S.C. 300h(d)). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). (5) Renewable energy.--The term ``renewable energy'' means electric energy generated at a facility (including a distributed generation facility) from solar, wind, fuel cells, biomass, geothermal, ocean energy, or landfill gas. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. (7) Target area.--The term ``target area'' means-- (A) an area that has experienced a significant loss of manufacturing employment; (B) an area with a large manufacturing capacity; (C) an area with an unemployment rate that is higher than the national average unemployment rate; and (D) priority for an area that includes a brownfield site (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)). SEC. 4. GREEN TECHNOLOGY INVESTMENT CORPORATION. (a) Establishment.-- (1) In general.--There is established in the Department of Energy a corporation to be known as the ``Green Technology Investment Corporation''. (2) Meetings.--The Corporation shall meet at least 4 times during each fiscal year. (3) Rules for corporation business.--Not later than 1 year after the date of enactment of this Act, the Corporation shall establish rules for the conduct of business of the Corporation. (4) Applicable authority.--The Corporation shall be subject to-- (A) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''); and (B) all other Federal law applicable to quasi- autonomous agencies within the Department of Energy. (5) Administrative costs.--The Secretary shall-- (A) be responsible for paying all administrative costs of the Corporation; and (B) in conjunction with the Board of Directors of the Corporation, take every reasonable action to reduce and minimize administrative costs of carrying out this section and the program. (b) Board of Directors.-- (1) In general.--The Board of Directors of the Corporation shall consist of 7 members, appointed by the President, by and with the advice and consent of the Senate, who are-- (A) leaders from industry, labor, academia, government, and nongovernment organizations; and (B) selected based on having the necessary expertise-- (i) to build world-class applied research capability; (ii) to assist entrepreneurial innovators in accelerating formation and attraction of technology-based businesses; (iii) to create product innovation; (iv) to market the manufacturing competitiveness of the United States; (v) to create domestic jobs and skills development opportunities in emerging domestic markets; and (vi) to evaluate and advise on environmental sustainability and climate change. (2) Chairperson.--The President shall appoint, by and with the advice and consent of the Senate, 1 member of the Board of Directors to serve as Chairperson. (c) Term of Service.-- (1) In general.--Each member of the Board of Directors shall be appointed for a term of 5 years. (2) Additional terms.--The President may appoint, by and with the advice and consent of the Senate, a member of the Board to serve additional terms of service. (d) Responsibilities.--The Corporation shall allocate funds, provide grants, and carry out programs under this Act, for all phases of technology commercialization, in accordance with this Act. SEC. 5. GREEN TECHNOLOGY INVESTMENT FUND. (a) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``Green Technology Investment Fund'' (referred to in this section as the ``Fund''), consisting of such amounts as are appropriated to the Fund under section 11. (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), on request by the Corporation, the Secretary of the Treasury shall transfer from the Fund to the Corporation such amounts as the Corporation determines are necessary to provide grants, loans, and other assistance, and otherwise carry out programs, under this Act. (2) Administrative expenses.--An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act. (c) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. SEC. 6. GREEN REDEVELOPMENT, OPPORTUNITY, AND WORKFORCE (GROW) GRANTS. The Corporation shall establish and carry out a grant program-- (1) to assist small and medium-sized businesses in accelerating new product development and commercialization of technology products; (2) to assist small and medium-sized businesses in capitalizing on early-stage investment, particularly those businesses that provide evidence of a capability to meet a green marketplace need; (3) to create and maintain jobs within the United States; (4) to assist local governments in improving infrastructure for related businesses in accordance with this section; (5) to seek and develop innovative ways of assisting businesses and communities in achieving the goals of this Act; (6) to redeploy underused manufacturing capacity; (7) to capitalize on export opportunities; (8) to revitalize depressed manufacturing communities; and (9) to search for and develop innovative ways to design environmentally protective technologies and best practices and demonstrate commercial green energy production. SEC. 7. GREEN ENERGY TECHNOLOGY INTERNSHIP PROGRAM. (a) In General.--The Corporation shall establish a green energy technology internship program under which-- (1) students and educators at institutions of higher education in the United States are paired with businesses of all sizes in the United States; and (2) those businesses are encouraged-- (A) to develop cutting-edge, high-tech skills in participating students; and (B) to ultimately offer full-time employment to those students after graduation. (b) Goal.--The Corporation shall establish as a goal for the green energy technology internship program the reimbursement by the Corporation, of not more than the greater of 50 percent or $5,000 of the wages paid to a participating student or educator, on the condition that, in the case of a participating student, the business strives for the possibility of full-time employment of the student after graduation. (c) Requirements.--The Corporation shall establish requirements for participation in the green energy technology internship program, including requirements relating to-- (1) the eligibility of students, educators, and businesses to participate in the program; and (2) application contents and procedures. SEC. 8. GREEN ENERGY TECHNOLOGY APPRENTICESHIP PROGRAM. (a) In General.--The Corporation shall establish a green energy technology apprenticeship program under which-- (1) apprentices and employers in the United States are paired with businesses of all sizes in the United States; and (2) those businesses are encouraged-- (A) to develop cutting-edge, high-tech skills in participating students; (B) to ultimately offer full-time employment to those students after completion; and (C) to work closely with organized labor. (b) Goal.--As a goal for the green energy technology apprenticeship program, the Corporation shall, to the maximum extent practicable, provide reimbursement for not more than the higher of 50 percent or $5,000 of the wages paid to a participating apprentice, if the business paired with the apprentice agrees to make every effort to offer full- time employment to the apprentice on the completion of the apprenticeship. (c) Requirements.--The Corporation shall establish requirements for participation in the green energy technology apprenticeship program, including requirements relating to-- (1) the eligibility of apprentices, organized labor, trades, and businesses to participate in the program; (2) partnerships with organized labor apprenticeship programs; and (3) application contents and procedures. SEC. 9. CRITERIA FOR PROVISION OF GRANTS, LOANS, AND OTHER ASSISTANCE. (a) Eligible Projects.-- (1) In general.--The Corporation shall provide grants, loans, and other assistance in accordance with the programs under this Act for projects that, as determined by the Corporation-- (A) offer the best technology, research, and commercialization for the United States; (B) permit anticipation and action on market opportunities; (C) encourage industry involvement; (D) facilitate investment at the intersection of core competency areas; (E) recruit world-class talent and high-growth companies; (F) create economic opportunity for target areas; (G) engage regional partners; (H) emphasize accountability and metrics; (I) upon completion, will serve as sites and facilities primarily intended for commercial, industrial, or manufacturing use; and (J) advance environmental protection. (2) Priority.--In carrying out paragraph (1), the Corporation-- (A) shall give priority to-- (i) renewable energy, carbon-neutral projects; and (ii) projects that advance environmentally protective goals, with a particular emphasis on best practices and innovative technology that reduce negative impacts on a commercial scale; and (B) may consider and give priority to the potential of a project to develop or improve innovative, cutting- edge technology for green energy projects that are carbon neutral. (b) Basis.--A grant, loan, or other assistance provided under this Act-- (1) shall be based on the best available technology, research, and commercialization, with a focus on diversity of green technologies; and (2) shall not be provided solely on a geographical basis. (c) Eligible Applicants.--The Corporation may provide a grant, loan, or other assistance under this Act to-- (1) a political subdivision or nonprofit economic development organization; (2) a municipality, local government, community, or institution of higher education (including a technical educational institution); and (3) a private, for-profit entity, with the unanimous approval by the Board of Directors of the Corporation. (d) Funds Allocated.--The Corporation shall determine the maximum and minimum amount provided for each program and program recipient under this Act in order to maximize the purposes of this Act. (e) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Corporation shall submit to Congress a report that describes all activities of the Corporation carried out using funds made available under this Act, including, for the year covered by the report, a description of-- (1) each grant, loan, or other award of assistance provided under this Act; and (2) the reason for each grant, loan, or other award. SEC. 10. ADMINISTRATION. Notwithstanding any other provision of this Act, none of the funds made available to carry out this Act may be used to carry out any project, activity, or expense that is not located within the United States. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund to carry out this Act, to remain available until expended-- (1) $1,000,000,000 for fiscal year 2009; (2) $5,000,000,000 for fiscal year 2010; and (3) $10,000,000,000 for each of fiscal years 2011 through 2013.

Green Energy Production Act of 2009 - Establishes in the Department of Energy (DOE) the Green Technology Investment Corporation to allocate funds, provide grants, and carry out programs for all phases of technology commercialization. Requires the Corporation to establish: (1) ) a green redevelopment, opportunity, and workforce (GROW) grant program (2) a green energy technology internship program; and (3) a green energy technology apprenticeship program. Establishes in the Treasury the Green Technology Investment Fund to provide grants, loans, and assistance under this Act. Sets forth criteria for project eligibility and priority and applicant eligibility for grants, loans, and assistance under this Act.

A bill to create jobs and reduce the dependence of the United States on foreign and unsustainable energy sources by promoting the production of green energy, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; PURPOSE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Academic Partnerships Lead Us to Success Act'' or the ``A PLUS Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; purpose; definitions. Sec. 2. Performance agreements. Sec. 3. Programs eligible for consolidation and permissible use of funds. Sec. 4. Maintenance of academic performance standards; accountability system. Sec. 5. Maintenance of funding levels spent by States on education. Sec. 6. Administrative expenses. Sec. 7. Equitable participation of private schools. Sec. 8. Annual reports. Sec. 9. Performance review and early termination. (c) Purpose.--The purpose of this Act is as follows: (1) To give States and local communities maximum flexibility to determine how to boost academic achievement and implement education reforms. (2) To reduce the administrative costs and compliance burden of Federal education programs in order to focus Federal resources on improving academic achievement. (3) To ensure that States and communities are accountable to the public for advancing the academic achievement of all students, especially disadvantaged children. (d) Definitions.--In this Act: (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.). (2) State.--The term ``State'' has the meaning given the term in section 1122(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6332(e)). SEC. 2. PERFORMANCE AGREEMENTS. (a) Authority.--In accordance with this Act, the Secretary shall enter into performance agreements with States under which, except as otherwise provided in this Act, States may consolidate and use funds pursuant to section 3. (b) Required Terms of Performance Agreement.--Each performance agreement entered into by the Secretary under this Act shall include the following: (1) Duration.--The performance agreement shall be for a period of 5 years. Such 5 year period shall be determined by the State. (2) Application of program requirements.--The performance agreement shall provide that no requirements of any program described in section 3 and included by the State within the scope of the performance agreement shall apply to the State, except as otherwise provided in this Act. (3) List of programs.--The performance agreement shall list which of the programs described in section 3 are included within the scope of the performance agreement. (4) Use of funds to improve student achievement.--The performance agreement shall contain a 5-year plan describing how the State intends to combine and use the funds from programs included within the scope of the performance agreement to advance the education priorities of the State, improve student academic achievement, and narrow achievement gaps. (5) Accountability system.--The performance agreement shall describe an accountability system that meets the requirements of section 4. (6) Achievement goals.-- (A) Student academic achievement.--The performance agreement shall require the State to demonstrate the State's academic achievement goals and measures to be achieved over the duration of the performance agreement. (B) Consistency of achievement measures.--The performance agreement shall require that the State maintain, at a minimum, the same level of challenging State student academic achievement standards and academic assessments throughout the duration of the performance agreement. (C) Reporting of disaggregated data.--The performance agreement shall require the State to report, in the annual report under section 8, data disaggregated in the same manner as data are disaggregated under section 1111(b)(3)(C)(xiii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)(xiii)). (c) Application.-- (1) In general.--Each State desiring to enter into a performance agreement with the Secretary under this Act shall submit an application to the Secretary at such time, and accompanied by such information, as the Secretary may require. (2) Contents.--Each such application shall contain-- (A) a proposed performance agreement; (B) a description of the State's accountability system for the proposed performance agreement as described in section 4; (C) an assurance that the State will use fiscal control and fund accounting procedures; (D) an assurance that the State will continue to pursue the goal of improving educational opportunities for the disadvantaged; and (E) an assurance that not less than 2 of the following approved the proposed performance agreement: (i) The Governor of the State. (ii) The State legislature. (iii) The State educational agency. (d) Approval of Performance Agreement.-- (1) In general.--Not later than 60 days after the receipt of a proposed performance agreement submitted by a State, the Secretary shall approve the performance agreement or provide the State with a written determination that the performance agreement fails to satisfy a requirement of this Act. (2) Treatment as approved.--Each performance agreement for which the Secretary fails to take the action required in paragraph (1) in the time period described in such paragraph shall be considered to be approved. (3) Requirement to execute approved agreements.--In accordance with this Act, the Secretary shall enter into each performance agreement approved under this subsection. (4) Disapproval of performance agreement.--If the State's performance agreement is disapproved, then the State shall have 30 days to resubmit a revised performance agreement. The Secretary shall approve the revised performance agreement within 30 days of receipt of the revised performance agreement or provide the State with a written determination that the revised performance agreement fails to satisfy a requirement of this Act. (e) Civil Rights.--The Secretary may not enter into a performance agreement with a State under this section unless the performance agreement contains an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the performance agreement and in consolidating and using the funds under the performance agreement. (f) Amendment to Performance Agreement.-- (1) In general.--In each of the following circumstances, the Secretary, subject to approval under paragraph (2), shall agree to amend a performance agreement entered into with a State under this Act: (A) Reduction in scope of performance agreement.--A State seeks to amend the performance agreement to remove from the scope of the performance agreement any program described in section 3. (B) Expansion of scope of performance agreement.--A State seeks to amend the performance agreement to include within the scope of the performance agreement any additional program described in section 3 or any additional measure of accountability for which the State will be held accountable. (2) Approval of amendment.-- (A) In general.--Not later than 60 days after the receipt of a proposed performance agreement amendment submitted by a State, the Secretary shall approve the amendment or provide the State with a written determination that the amendment fails to satisfy a requirement of this Act. (B) Treatment as approved.--Each amendment for which the Secretary fails to take the action required in subparagraph (A) in the time period described in such subparagraph shall be considered to be approved. (3) Treatment of program funds withdrawn from agreement.-- Beginning on the effective date of an amendment executed under paragraph (1)(A), each program requirement of each program removed from the scope of a performance agreement shall apply to the State's use of funds made available under the program. SEC. 3. PROGRAMS ELIGIBLE FOR CONSOLIDATION AND PERMISSIBLE USE OF FUNDS. (a) Scope.--A State may choose to include within the scope of its performance agreement any program for which Congress makes funds available to the State if the program is for a purpose described in section 1001 of the Elementary and Education Secondary Act of 1965 (20 U.S.C. 6301). (b) Uses of Funds.--Funds made available to a State pursuant to a performance agreement under this Act shall be used for any educational purpose permitted by State law of the State participating in the performance agreement. SEC. 4. MAINTENANCE OF ACADEMIC PERFORMANCE STANDARDS; ACCOUNTABILITY SYSTEM. Each State consolidating and using funds under this Act shall demonstrate an accountability system for the State's performance agreement. The accountability system shall-- (1) utilize the State's adequate yearly progress determination under section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)); or (2) utilize another measure of annual student progress relative to the State's determination of student proficiency, if such measure-- (A) is used for the entire 5-year duration of the performance agreement; and (B) provides student achievement data-- (i) in terms of individual student progress over time; or (ii) in a comparison assessment. SEC. 5. MAINTENANCE OF FUNDING LEVELS SPENT BY STATES ON EDUCATION. For each State consolidating and using funds pursuant to a performance agreement under this Act, for each school year of the performance agreement, the aggregate amount of funds spent by the State on elementary and secondary education shall be not less than 90 percent of the aggregate amount of funds spent by the State on elementary and secondary education for the school year that coincides with the date of enactment of this Act. If a State demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State, prevent the State from complying with the preceding sentence, the Secretary shall waive the applicability of the preceding sentence to the State. SEC. 6. ADMINISTRATIVE EXPENSES. (a) States Consolidating Funds Under Part A of Title I.--Each State that includes part A of title 1 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) within the scope of a performance agreement under this Act may use, for administrative expenses, not more than 1 percent of the total amount of funds made available to the State under the programs included within the scope of the performance agreement. (b) States Not Consolidating Funds Under Part A of Title I.--Each State that does not include part A of title I of the Elementary and Secondary Education Act of 1965 within the scope of a performance agreement under this Act may use, for administrative expenses, not more than 3 percent of the total amount of funds made available to the State under the programs included within the scope of the performance agreement. SEC. 7. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS. Each State consolidating and using funds pursuant to a performance agreement under this Act shall provide for the participation of private school children and teachers in the activities assisted under the performance agreement in the same manner as participation is provided to private school children and teachers under section 9501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881). SEC. 8. ANNUAL REPORTS. (a) In General.--Not later than 1 year after the execution of the performance agreement, and annually thereafter, each State shall disseminate widely to the parents, the general public, and the Secretary, a report that includes-- (1) student performance data disaggregated in the same manner as data are disaggregated under section 1111(b)(3)(C)(xiii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)(xiii)); and (2) a description of how the State has used Federal funds to improve academic achievement, narrow the achievement gap, and improve educational opportunities for the disadvantaged. (b) Submission to Congress.--Not later than 60 days after the Secretary receives a report under subsection (a), the Secretary shall submit that report to Congress, together with any other information the Secretary considers appropriate. SEC. 9. PERFORMANCE REVIEW AND EARLY TERMINATION. (a) Review.--For each State having in effect a performance agreement under this Act, the Secretary shall carry out a review of the performance agreement, at the midpoint of the duration of the performance agreement, in order to determine whether the State has met the terms of the performance agreement described in section 2. (b) Early Termination.--The Secretary may terminate a performance agreement, before the duration of that performance agreement expires, if the State does not, for 3 consecutive school years, meet the terms of the performance agreement described in section 2.

Academic Partnerships Lead Us to Success Act or the A PLUS Act - Allows each state to enter into a five-year performance agreement with the Secretary of Education permitting it to receive federal funds on a consolidated basis that would otherwise be directed toward specific programs furthering the stated purpose of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965. Requires each agreement to be approved by a combination of specified state parties, and list the programs for which consolidated funding is requested. Allows states to use such funds for any educational purpose permitted by state law, but requires states to make certain assurances that they will use fiscal control and fund accounting procedures, abide by federal civil rights laws, and advance educational opportunities for the disadvantaged. Allows amendments to the scope of performance agreements. Requires each agreement state to: (1) maintain an accountability system measuring annual student progress toward state proficiency standards; (2) annually disseminate student performance data disaggregated by specified student groups; and (3) keep aggregate spending on elementary and secondary education at no less than 90% of such spending for the school year coinciding with this Act's enactment. Limits administrative expenses. Requires the inclusion of private schools and teachers in activities funded on a consolidated basis. Directs the Secretary to evaluate each performance agreement midway through its execution. Allows the Secretary to terminate an agreement whose terms are not met for three consecutive school years.

A bill to allow a State to combine certain funds and enter into a performance agreement with the Secretary of Education to improve the academic achievement of students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Benefits and Pensions Protection Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) In exchange for a lump-sum payment from a lender, some veterans are surrendering their rights to full future compensation benefits from the Department of Veterans Affairs by assigning those benefits to lenders. (2) Despite language in section 5301 of title 38, United States Code, that states that payments of veterans' benefits from the Department of Veterans Affairs shall not be assignable and shall be exempt from the claim of creditors, lenders are entering into contracts with veterans that require the veteran to either give access to their benefit monies to the lender or pay the lender a percentage of their benefit payment each month. (3) The contracts for these credit transactions do not disclose information that is required to be disclosed under the Truth in Lending Act, including the amount financed, the finance charge, and the annual percentage rate (APR). Therefore, when signing the contract, the veteran cannot accurately determine the cost of credit obtained by the veteran. (4) As a result, those transaction agreements are detrimental to veterans as they are required to pay interest rates ranging from 39 percent to 106 percent. (b) Purpose.--The purpose of this Act is to clarify the definition of a veterans benefit assignment under section 5301 of title 38, United States Code, in order to make illegal the credit transactions between veterans and lenders in which the veteran gives the lender access to benefits payments either through an account or by the guaranteeing of monthly payments. SEC. 3. APPLICABILITY OF PROHIBITION ON ASSIGNMENT OF VETERANS BENEFITS TO AGREEMENTS ON FUTURE RECEIPT OF CERTAIN BENEFITS. (a) In General.--Section 5301(a) of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by designating the last sentence as paragraph (2); and (3) by adding at the end the following new paragraph: ``(3)(A) For the purposes of this subsection, an agreement described in subparagraph (D) shall be deemed to be an assignment and is prohibited. ``(B) An agreement or arrangement for collateral for security for an agreement that is prohibited under subparagraph (A) is also prohibited. ``(C)(i) A person who enters into an agreement that is prohibited under subparagraph (A), or into an agreement or arrangement that is prohibited under subparagraph (B), shall be fined under title 18, imprisoned for not more than one year, or both. ``(ii) This subparagraph does not apply to a beneficiary with respect to compensation, pension, or disability and indemnity compensation to which the beneficiary is entitled under a law administered by the Secretary. ``(D) An agreement described in this subparagraph is an agreement between a person who is a beneficiary entitled to compensation, pension, or dependency and indemnity compensation and another person under which such other person acquires for consideration the right to receive payment of such compensation, pension, or dependency and indemnity compensation, as the case may be, whether by payment from the beneficiary to such other person, deposit into an account from which such other person may make withdrawals, or otherwise.''. (b) Effective Dates.--(1) Subparagraphs (A) and (B) of paragraph (3) of section 5301(a) of title 38, United States Code (as added by subsection (a) of this section), shall apply with respect to any agreement or arrangement described in those subparagraphs, whether entered into before, on, or after the date of the enactment of this Act, and any such agreement or arrangement entered into before the date of the enactment of this Act is void and unenforceable as of such date. (2) Subparagraph (C) of such paragraph shall apply with respect to any agreement or arrangement covered by such subparagraph that is entered into on or after the date of the enactment of this Act. (c) Outreach.--The Secretary of Veterans Affairs shall, during the five-year period beginning on the date of the enactment of this Act, carry out a program of outreach to inform veterans and other recipients or potential recipients of compensation, pension, or disability and indemnity compensation benefits under the laws administered by the Secretary of the prohibition on the assignability of such benefits under law. The program shall include information on various schemes to evade the prohibition, and means of avoiding such schemes. (d) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Veterans Affairs for each of fiscal years 2004 through 2008 the amount of $3,000,000 for purposes of carrying out the program of outreach required by subsection (c).

Veterans Benefits and Pensions Protection Act of 2003 - Includes as a prohibited assignment of veterans' benefits any agreement entered into by a beneficiary under which another person acquires for consideration the right to receive any compensation, pension, or dependency and indemnity compensation of such beneficiary. Provides criminal penalties for violations.Directs the Secretary of Veterans Affairs to conduct an outreach program to inform veterans and other potential recipients of such compensation or pension of the prohibition against the assignment of such benefits, including information on various schemes to evade the prohibition and means of avoiding such schemes.

To amend title 38, United States Code, to clarify the applicability of the prohibition on assignment of veterans benefits to agreements regarding future receipt of compensation, pension, or dependency and indemnity compensation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Savings Account Act''. SEC. 2. UNIVERSAL SAVINGS ACCOUNTS. (a) In General.--Subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--UNIVERSAL SAVINGS ACCOUNTS ``SEC. 530A. UNIVERSAL SAVINGS ACCOUNTS. ``(a) General Rule.--A Universal Savings Account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Universal Savings Account.--For purposes of this section, the term `Universal Savings Account' means a trust created or organized in the United States by an eligible individual for the exclusive benefit of such eligible individual or his beneficiaries and which is designated (in such manner as the Secretary shall prescribe) at the time of the establishment of the trust as a Universal Savings Account, but only if the written governing instrument creating the trust meets the following requirements: ``(1) Except in the case of a qualified rollover contribution described in subsection (e)-- ``(A) no contribution will be accepted unless it is in cash, and ``(B) contributions will not be accepted for the calendar year in excess of the contribution limit specified in subsection (d)(1). ``(2) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section or who has so demonstrated with respect to any individual retirement plan. ``(3) No part of the trust assets will be invested in life insurance contracts. ``(4) The interest of an individual in the balance of his account is nonforfeitable. ``(5) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual who is-- ``(1) not less than 18 years of age, and ``(2) a citizen or legal permanent resident of the United States. ``(d) Treatment of Contributions and Distributions.-- ``(1) Contribution limit.-- ``(A) In general.--The aggregate amount of contributions (other than qualified rollover contributions described in subsection (e)) for any calendar year to all Universal Savings Accounts maintained for the benefit of an eligible individual shall not exceed $5,500. ``(B) Cost-of-living adjustment.-- ``(i) In general.--In the case of any calendar year after 2016, the $5,500 amount under subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding rules.--If any amount after adjustment under clause (i) is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. ``(2) Distributions.--Any distribution from a Universal Savings Account shall not be includible in gross income. ``(e) Qualified Rollover Contribution.--For purposes of this section, the term `qualified rollover contribution' means a contribution to a Universal Savings Account from another such account of the same beneficiary, but only if such amount is contributed not later than the 60th day after the distribution from such other account. ``(f) Treatment of Account Upon Death.--Upon death of any individual for whose benefit a Universal Savings Account has been established-- ``(1) all amounts in such account shall be treated as distributed on the date of such individual's death, and ``(2) such account shall cease to be treated as a Universal Savings Account. ``(g) Loss of Taxation Exemption of Account Where Beneficiary Engages in Prohibited Transaction; Effect of Pledging Account as Security.--Rules similar to the rules of paragraph (2) and (4) of section 408(e) shall apply to any Universal Savings Account. ``(h) Limitation to 1 Account Per Individual.-- ``(1) In general.--Except as provided in paragraph (2), no trust created for the benefit of an eligible individual shall be treated as a Universal Savings Account under subsection (b) if such eligible individual has in existence another Universal Savings Account at the time such trust was established. ``(2) Exception.--Under regulations established by the Secretary, paragraph (1) shall not apply with respect to any trust created for the purposes of receiving a qualified rollover contribution consisting of all amounts in the previously established Universal Savings Account. ``(i) Reports.--The trustee of a Universal Savings Account shall make such reports regarding such account to the Secretary and to the beneficiary of the account with respect to contributions, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required.''. (b) Tax on Excess Contributions.-- (1) In general.--Subsection (a) of section 4973 of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of paragraph (4), by inserting ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: ``(6) a Universal Savings Account (as defined in section 530A),''. (2) Excess contribution.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(i) Excess Contributions to Universal Savings Accounts.--For purposes of this section-- ``(1) In general.--In the case of Universal Savings Accounts (within the meaning of section 530A), the term `excess contributions' means the sum of-- ``(A) the amount by which the amount contributed for the calendar year to such accounts (other than qualified rollover contributions (as defined in section 530A(e)) exceeds the contribution limit under section 530A(d)(1) for such calendar year, and ``(B) the amount determined under this subsection for the preceding calendar year, reduced by the excess (if any) of the maximum amount allowable as a contribution under section 530A(d)(1) for the calendar year over the amount contributed to the accounts for the calendar year. ``(2) Special rule.--A contribution shall not be taken into account under paragraph (1) if such contribution (together with the amount of net income attributable to such contribution) is returned to the beneficiary before July 1 of the year following the year in which the contribution is made.''. (c) Failure To Provide Reports on Universal Savings Accounts.-- Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (E), by striking the period at the end of subparagraph (F) and inserting ``, and'', and by inserting after subparagraph (F) the following new subparagraph: ``(G) section 530A(i) (relating to Universal Savings Accounts).''. (d) Conforming Amendment.--The table of parts for subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Universal Savings Accounts.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015.

Universal Savings Account Act This bill amends the Internal Revenue Code to allow for the establishment of Universal Savings Accounts. These Accounts shall be tax-exempt and may be opened by any individual who is at least 18 years of age and a U.S. citizen or legal permanent resident. Contributions to these Accounts must be in cash and may not exceed $5,500 (adjusted annually for inflation) in any calendar year. Distributions from a Universal Savings Account are excluded from the gross income of the account holder for income tax purposes.

Universal Savings Account Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``IDEA Improvement Act of 1994''. SEC. 2. AMENDMENTS TO INDIVIDUALIZED EDUCATION PROGRAM TO INCREASE ACHIEVEMENT OF ANNUAL GOALS UNDER THE PROGRAM. (a) Amendments to Definition of Individualized Education Program.-- Section 602(a)(20) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(a)(20)) is amended-- (1) in subparagraph (A), by inserting before the comma at the end the following: ``, or, where appropriate, a statement of the present levels of educational performance of such child in the general educational program established for nondisabled children''; (2) in subparagraph (B), by inserting before the comma at the end the following: ``, and, where appropriate, a statement of the annual goals designed to help the child succeed in the general educational program established for nondisabled children''; (3) in subparagraph (E), by striking the ``and'' at the end; (4) in subparagraph (F)-- (A) by striking ``instructional objectives'' and inserting ``the annual goals described in subparagraph (B)''; and (B) by striking the period at the end and inserting a comma; and (5) by adding at the end the following new subparagraph: ``(G) a description of how the services designated under the previous individualized education program of the child have been modified if, according to the criteria and procedures designated in subparagraph (F), the previous annual goals described in subparagraph (B) were not substantially achieved.''. (b) Revision of Individualized Education Program for Failure to Substantially Achieve Annual Goals.--Section 614(a)(5) of such Act (20 U.S.C. 1414(a)(5)) is amended by adding at the end before the semicolon the following: ``, except that the local educational agency or intermediate educational unit shall, with respect to each child with a disability who has failed to substantially achieve the annual goals of the individualized education program for the prior school year, revise the provisions of such program for such child accordingly at the beginning of the next school year''. SEC. 3. INCREASING PARENTAL PARTICIPATION IN THE DEVELOPMENT OF AND IMPROVING INFORMATION ABOUT THE SPECIAL EDUCATION PROGRAM. (a) Increasing Participation by Parents.--Section 615(b)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(b)(1)(A)) is amended by inserting ``and to participate in meetings'' after ``to examine all relevant records''. (b) Improving Communication With Parents.--Section 615(b)(1)(C) of such Act (20 U.S.C. 1415(b)(1)(C)) is amended by inserting ``, with clearly written explanations of relevant terminology,'' after ``written prior notice''. (c) Publication of Procedural Safeguards Under Act.--Section 617 of such Act (20 U.S.C. 1417) is amended by adding at the end the following new subsection: ``(e) In carrying out the Secretary's duties under this part, the Secretary shall-- ``(1) not later than 6 months after the date of the enactment of this subsection, produce a publication that-- ``(A) clearly describes the procedural safeguards available to children with disabilities and the parents or guardians of such children under this part; ``(B) includes the steps such children and parents or guardians should take to avail themselves of such safeguards; and ``(C) includes a description of the procedures relating to eligibility, initial evaluation, development of the individualized education program or the individualized family services program, and educational placement, and the responsibilities of States and local educational agencies in carrying out the requirements of the Act; and (2) make such publication available in various forms, including electronic form, to appropriate Federal and State agencies and the general public.''. SEC. 4. ESTABLISHMENT OF MEDIATION PROCEDURES UNDER THE SPECIAL EDUCATION PROGRAM AND THE EARLY INTERVENTION SERVICES PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES. (a) Mediation Under Part B.-- (1) State plan requirement.--Section 613(a) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)) is amended-- (A) in paragraph (14), by striking at the end ``; and'' and inserting a semicolon; (B) in paragraph (15), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(16) provide for procedures that will allow parties to disputes involving the provision of free appropriate public education to children with disabilities by any State educational agency, local educational agency, or intermediate educational unit which receives assistance under this part to resolve such disputes through mediation in accordance with section 615(f).''. (2) Procedural safeguard requirement.--Section 615 of such Act (20 U.S.C. 1415) is amended-- (A) in subsection (a), by striking ``subsection (e)'' and inserting ``subsection (f); (B) by redesignating subsection (f) as subsection (g); and (C) by inserting after subsection (e) the following new subsection: ``(f)(1) The procedures required by this subsection shall allow parties to disputes involving the provision of free appropriate public education to children with disabilities by any State educational agency, local educational agency, or intermediate educational unit which receives assistance under this part to resolve such disputes through mediation. ``(2) Such procedures shall meet the following requirements: ``(A) The procedures shall ensure that the mediation process-- ``(i) is voluntary and may be waived by any party to the dispute at any time during such process; and ``(ii) is not used to deny or delay access by a parent or guardian to due process hearings under this section. ``(B) The State shall maintain a list of individuals experienced in mediation and knowledgeable in laws and regulations relating to the provision of special education and related services. ``(C) The State shall bear the cost of the mediator in the mediation process. ``(D) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute. ``(E) An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement. ``(F) Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings, and the parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of such process.''. (b) Regional Resource Center Requirement.--Section 621(a) of such Act (20 U.S.C. 1421(a)) is amended-- (1) in paragraph (4), by striking at the end ``, and'' and inserting a comma; (2) in paragraph (5), by striking the period at the end and inserting ``, and''; and (3) by adding at the end the following new paragraph: ``(6) provide information to and training for agencies, institutions, organizations, and parents relating to techniques and approaches for informal dispute resolution, including mediation.''. (c) Parent Training and Information Programs.--Section 631(e)(5) of such Act (20 U.S.C. 1431(e)(5)) is amended-- (1) in subparagraph (E), by striking at the end ``, and'' and inserting a comma; (2) in subparagraph (F), by striking the period at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(G) understand the use of mediation as a means of resolving disputes relating to the provision of special education and related services.''. (d) Mediation Under Part H.-- (1) State application requirement.--Section 678(a) of such Act (20 U.S.C. 1478(a)) is amended-- (A) in paragraph (8), by striking at the end ``, and'' and inserting a comma; (B) by redesignating paragraph (9) as paragraph (10); and (C) by inserting after paragraph (8) the following new paragraph: ``(9) a description of the procedures that will allow parties to disputes involving the provision of early intervention services for infants and toddlers with disabilities under this part to resolve such disputes through mediation in accordance with the procedural safeguards contained in section 615(f).''. (2) Procedural safeguard requirement.--Section 680 of such Act (20 U.S.C. 1480) is amended by adding at the end the following new paragraph: ``(9) Procedures that will allow parties to disputes involving the provision of early intervention services for infants and toddlers with disabilities under this part to resolve such disputes through mediation in accordance with the procedural safeguards contained in section 615(f).''. SEC. 5. COORDINATION OF SERVICES UNDER THE SPECIAL EDUCATION PROGRAM. (a) Interagency Agreements.-- (1) In general.--Section 612 of the Individuals with Disabilities Education Act (20 U.S.C. 1412) is amended by adding at the end the following: ``(8) The State education agency and other appropriate State and local agencies have entered into interagency agreements in accordance with section 613(a)(13).''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on October 1, 1996. (b) Coordination With Even Start, Head Start, and Related Programs.-- (1) In general.--Section 614(a)(1) of such Act (20 U.S.C. 1414(a)(1)) is amended-- (A) in subparagraph (D), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (E), by striking the semicolon and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) provide for coordination of such programs, where appropriate to strengthen the ability of parents or guardians of children with disabilities to address the needs related to such disabilities, with the Even Start program authorized under part B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.), the Head Start program authorized under the Head Start Act (42 U.S.C. 9831 et seq.), and other programs that provide family literacy services or other services in which parents or guardians of children with disabilities are eligible to participate;''. (2) Definition of family literacy services.--Section 602(a) of such Act (20 U.S.C. 1401(a)) is amended by adding at the end the following new paragraph: ``(28) The term `family literacy services' has the meaning given such term in section 637(4) of the Head Start Act (42 U.S.C. 9832(4)).''. SEC. 6. REQUIREMENT OF GOOD FAITH ATTEMPT TO RESOLVE CONTROVERSIES FOR REIMBURSEMENT OF ATTORNEY'S FEES. Section 615(e)(4)(F) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(e)(4)(F)) is amended-- (1) in clause (ii), by striking ``; or'' and inserting a semicolon; (2) in clause (iii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(iv) the parent or guardian did not exercise good faith in attempting to resolve the controversy prior to filing a complaint and requesting an impartial due process hearing under this section.''.

IDEA Improvement Act of 1994 - Amends the Individuals with Disabilities Education Act (IDEA) to revise the definition of individualized education program to include: (1) statements of the present educational performance levels of the child, and the annual goals designed to help the child succeed, in the general educational program for nondisabled children; and (2) a description of how designed services under the previous program have been modified if the previous annual goals were not substantially achieved. Requires the local educational agency or intermediate educational unit to revise program provisions at the beginning of the next school year for each child who has failed to substantially achieve the goals for the prior school year. Provides for increasing participation of parents in meetings relating to the development of the special education program. Provides for improved communication with parents through clearly written explanations of terminology in notices and publication of procedural safeguards under IDEA. Establishes mediation procedures under the special education program and the early intervention services program for infants and toddlers with disabilities, including requirements relating to State plans, procedural safeguards, regional resource centers, and parent information and training programs. Provides for coordination of services under the special education program: (1) through interagency agreements; and (2) with Even Start, Head Start, and related programs providing family literacy services or other services in which parents or guardians of children with disabilities are eligible to participate. Requires that the parent or guardian has exercised good faith in attempting to resolve the controversy prior to filing a complaint and requesting a hearing, as a condition for reimbursement of attorney's fees.

IDEA Improvement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commodity Futures Restoration Act''. SEC. 2. JURISDICTION OF THE COMMODITY FUTURES TRADING COMMISSION EXTENDED TO DERIVATIVES INVOLVING ENERGY COMMODITIES. (a) Removal of Energy Commodities From Definition of Exempt Commodity.--Section 1a(14) of the Commodity Exchange Act (7 U.S.C. 1a(14)) is amended by inserting ``, an energy commodity,'' after ``excluded commodity''. (b) Energy Commodity Defined.--Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended-- (1) by redesignating paragraphs (13) through (34) as paragraphs (14) through (35), respectively; and (2) by inserting after paragraph (12) the following: ``(13) Energy commodity.--The term `energy commodity' means-- ``(A) coal; ``(B) crude oil, gasoline, diesel fuel, heating oil, and propane; ``(C) electricity; ``(D) natural gas; and ``(E) any other commodity (other than an excluded commodity, a metal, or an agricultural commodity) that is used as a source of energy, as the Commission deems appropriate.''. SEC. 3. NARROWING OF THE FOREIGN BOARD OF TRADE EXCEPTION TO THE REQUIREMENT THAT CERTAIN FUTURES TRANSACTIONS BE CONDUCTED ON OR THROUGH A DESIGNATED CONTRACT MARKET OR DERIVATIVES TRANSACTION EXECUTION FACILITY. Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by adding at the end the following: ``(e)(1) For purposes of this Act, a board of trade, exchange, or market shall not be considered to be foreign or located outside the United States if-- ``(A) the board of trade, exchange, or market has an affiliate located in the United States; ``(B) a contract of sale of a commodity other than an exempt commodity for future delivery in the United States is executed or traded on or through the board of trade, exchange, or market; or ``(C) a significant price discovery contract is executed or traded on or through the board of trade, exchange, or market. ``(2) For the purposes of paragraph (1)(A), an entity is deemed to be an affiliate of a board of trade, exchange or market if-- ``(A) the entity owns 50 percent or more of the board of trade, exchange, or market; ``(B) the board, exchange, or market owns 50 percent or more of the entity; or ``(C) a third person owns 50 percent or more of the entity and 50 percent or more of the board of trade, exchange, or market.''. SEC. 4. JURISDICTION OF THE COMMODITY FUTURES TRADING COMMISSION EXTENDED TO SWAPS INVOLVING AN ENERGY COMMODITY. (a) Elimination of Exemption for Excluded Swap Transactions Involving an Energy Commodity.--Section 2(g) of the Commodity Exchange Act (7 U.S.C. 2(g)) is amended by inserting ``or an energy commodity'' after ``agricultural commodity''. (b) Swaps Involving an Energy Commodity To Be Taken Into Account in Determining Compliance With Position and Transaction Limits, Without Regard to Exemption for Bona Fide Hedging Transactions.--Section 4a(c) of such Act (7 U.S.C. 6a(c)) is amended by adding at the end the following: ``The preceding provisions of this subsection shall not apply to swaps that involve an energy commodity.''. SEC. 5. PROGRESS REPORT. (a) Report on Limits Fixed With Respect to Energy Commodities.-- Within 90 day after the effective date of this Act, the Commodity Futures Trading Commission shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on-- (1) the progress of the Commission in implementing the amendments made by the preceding provisions of this Act, including an explanation of-- (A) any exemptions provided by the Commission from the requirements resulting from any such amendment; and (B) if the Commission has not established position limits with respect to contracts of sale of an energy commodity for future delivery, why the Commission has not done so; and (2) any margin requirements applicable to transactions in the contracts. (b) Definitions.--The terms used in subsection (a) shall have the meanings given the terms in the Commodity Exchange Act. SEC. 6. FEDERAL ENERGY REGULATORY COMMISSION OVERSIGHT. Nothing in this Act shall affect the authority of the Federal Energy Regulatory Commission under the Natural Gas Act (15 U.S.C. 717 et seq.) or any other law to obtain information or otherwise carry out the responsibilities of the Federal Energy Regulatory Commission. SEC. 7. FEDERAL TRADE COMMISSION AUTHORITY OVER MARKET MANIPULATION. Nothing in this Act shall be construed as interfering with the prohibition contained in subtitle B of title VIII of the Energy Independence and Security Act of 2007 (42 U.S.C. 17301 et seq.) or the authority of the Federal Trade Commission to enforce such subtitle. SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 6 months after the date of the enactment of this Act.

Commodity Futures Restoration Act - Amends the Commodity Exchange Act to remove "energy commodity" from the category of exempt commodities (thus bringing "energy commodity" within the purview of the Act and extending the jurisdiction of the Commodity Futures Trading Commission (CFTC) to derivatives and swaps involving energy commodities). Declares that a board of trade, exchange, or market shall not be considered to be foreign or located outside the United States if: (1) it has an affiliate located in the United States; or (2) a contract of sale of a commodity, or a significant price discovery contract, is executed or traded on such board of trade, exchange, or market.

To reestablish standards from the Commodity Exchange Act to provide for the regulation of United States markets in energy commodity futures, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Exercise and Fitness For All Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Individuals with disabilities can maintain and improve their health through appropriate physical activity. (2) In the 2008 Physical Activity Guidelines for Americans (referred to as the ``Guidelines''), the Department of Health and Human Services recommends that individuals with disabilities, who are able, participate in regular aerobic activity. (3) The Guidelines also recommend that adults with disabilities, who are able, do muscle-strengthening activities of moderate or high intensity on 2 or more days a week, as these activities provide additional health benefits. (4) The Guidelines recommend that when adults with disabilities are not able to meet the Guidelines, they should engage in regular physical activity according to their abilities and avoid inactivity. (5) Unfortunately, many individuals with disabilities are unable to engage in the recommended exercise or fitness activities due to the inaccessibility of exercise or fitness equipment. (6) Physical inactivity by adults with disabilities can lead to increased risk for functional limitations and secondary health conditions. (b) Purpose.--The purposes of this Act are-- (1) to encourage exercise and fitness service providers to provide accessible exercise and fitness equipment for individuals with disabilities; and (2) to provide guidance about the requirements necessary to ensure that such exercise and fitness equipment is accessible to, and usable by, individuals with disabilities. SEC. 3. DEFINITIONS. In this Act: (1) Access board.--The term ``Access Board'' means the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). (2) Accessible exercise or fitness equipment.--The term ``accessible exercise or fitness equipment'' means exercise or fitness equipment that is accessible to, and can be independently used and operated by, individuals with disabilities. (3) Exercise or fitness equipment.--The term ``exercise or fitness equipment'' means devices such as motorized treadmills, stair climbers or step machines, stationary bicycles, rowing machines, weight machines, circuit training equipment, cardiovascular equipment, strength equipment, or other exercise or fitness equipment. (4) Exercise or fitness service provider.--The term ``exercise or fitness service provider'' means a gymnasium, health spa, health club, college or university facility, or other similar place of exercise or fitness that-- (A) is considered a public accommodation under section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181) or is considered a public entity under section 201 of such Act (42 U.S.C. 12131); and (B) provides exercise or fitness equipment for the use of its patrons. (5) Individual with a disability.--The term ``individual with a disability'' means any person with a disability as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (6) Individuals with disabilities.--The term ``individuals with disabilities'' means more than one individual with a disability. SEC. 4. EXERCISE AND FITNESS ACCESSIBILITY GUIDELINES. (a) Establishment of Guidelines.--Not later than 18 months after the date of enactment of this Act, the Access Board shall develop and publish guidelines for exercise or fitness service providers regarding the provision of accessible exercise or fitness equipment, including relevant personnel training. (b) Contents of Guidelines.--The guidelines described in subsection (a) shall-- (1) be consistent with the Standard Specification for Universal Design of Fitness Equipment for Inclusive Use by Persons with Functional Limitations and Impairments of the American Society for Testing and Materials (ASTM F3021-13) (and any future revisions thereto); (2) ensure that-- (A) exercise or fitness equipment is accessible to, and usable by, individuals with disabilities; and (B) individuals with disabilities have independent entry to, use of, and exit from the exercise or fitness equipment, to the maximum extent possible; and (3) take into consideration the following: (A) Whether the exercise or fitness service provider is a new or existing facility. (B) Whether the exercise or fitness service provider is staffed or not. (C) Instruction and additional assistance on the use of the accessible exercise or fitness equipment (including specific accessibility features) for individuals with disabilities. (D) The size and overall financial resources of the exercise or fitness service provider. (E) The availability of closed captioning of video programming displayed on equipment and televisions provided by an exercise or fitness service provider. (c) Review and Amendment.--The Access Board shall periodically review and, as appropriate, amend the guidelines, and shall issue the resulting guidelines as revised guidelines. SEC. 5. TAX CREDIT FOR EXPENDITURES TO PROVIDE ACCESSIBLE EXERCISE OR FITNESS EQUIPMENT. (a) In General.--Paragraph (1) of section 44(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``paid or incurred by an eligible small business'' and inserting ``paid or incurred-- ``(A) by an eligible small business'', (2) by striking ``section).'' and inserting ``section), and'', and (3) by inserting at the end the following: ``(B) by an eligible small business which is an exercise or fitness service provider for the purpose of providing for use by individuals with disabilities accessible exercise or fitness equipment that meets the guidelines established by the Access Board under section 4 of the Exercise and Fitness for All Act. Any term used in subparagraph (B) which is defined in section 3 of the Exercise and Fitness for All Act shall have the meaning given such term in such section, as in effect on the date of the enactment of such subparagraph.''. (b) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after the date of the enactment of this Act.

Exercise and Fitness For All Act - Directs the Access Board to develop and publish guidelines for exercise or fitness service providers to provide accessible exercise or fitness equipment, including relevant personnel training. Requires such guidelines to ensure that exercise or fitness equipment is accessible to, and usable by, individuals with disabilities. Amends the Internal Revenue Code to allow eligible small businesses a tax credit for providing accessible exercise or fitness equipment for use by individuals with disabilities.

Exercise and Fitness For All Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine and Hydrokinetic Renewable Energy Promotion Act of 2007''. SEC. 2. DEFINITION. For purposes of this Act, the term ``marine and hydrokinetic renewable energy'' means electrical energy from-- (1) waves, tides, and currents in oceans, estuaries, and tidal areas; (2) free flowing water in rivers, lakes, and streams; (3) free flowing water in man-made channels, including projects that utilize nonmechanical structures to accelerate the flow of water for electric power production purposes; and (4) differentials in ocean temperature (ocean thermal energy conversion). The term shall not include energy from any source that utilizes a dam, diversionary structure, or impoundment for electric power purposes, except as provided in paragraph (3). SEC. 3. RESEARCH AND DEVELOPMENT. (a) Program.--The Secretary of Energy, in consultation with the Secretary of Commerce and the Secretary of the Interior, shall establish a program of marine and hydrokinetic renewable energy research focused on-- (1) developing and demonstrating marine and hydrokinetic renewable energy technologies; (2) reducing the manufacturing and operation costs of marine and hydrokinetic renewable energy technologies; (3) increasing the reliability and survivability of marine and hydrokinetic renewable energy facilities; (4) integrating marine and hydrokinetic renewable energy into electric grids; (5) identifying opportunities for cross fertilization and development of economies of scale between offshore wind and marine and hydrokinetic renewable energy sources; (6) identifying, in consultation with the Secretary of Commerce and the Secretary of the Interior, the environmental impacts of marine and hydrokinetic renewable energy technologies and ways to address adverse impacts, and providing public information concerning technologies and other means available for monitoring and determining environmental impacts; and (7) standards development, demonstration, and technology transfer for advanced systems engineering and system integration methods to identify critical interfaces. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy for carrying out this section $50,000,000 for each of the fiscal years 2008 through 2017. SEC. 4. ADAPTIVE MANAGEMENT AND ENVIRONMENTAL FUND. (a) Findings.--The Congress finds that-- (1) the use of marine and hydrokinetic renewable energy technologies can avoid contributions to global warming gases, and such technologies can be produced domestically; (2) marine and hydrokinetic renewable energy is a nascent industry; and (3) the United States must work to promote new renewable energy technologies that reduce contributions to global warming gases and improve our country's domestic energy production in a manner that is consistent with environmental protection, recreation, and other public values. (b) Establishment.--The Secretary of Energy shall establish an Adaptive Management and Environmental Fund, and shall lend amounts from that fund to entities described in subsection (f) to cover the costs of projects that produce marine and hydrokinetic renewable energy. Such costs include design, fabrication, deployment, operation, monitoring, and decommissioning costs. Loans under this section may be subordinate to project-related loans provided by commercial lending institutions to the extent the Secretary of Energy considers appropriate. (c) Reasonable Access.--As a condition of receiving a loan under this section, a recipient shall provide reasonable access, to Federal or State agencies and other research institutions as the Secretary considers appropriate, to the project area and facilities for the purposes of independent environmental research. (d) Public Availability.--The results of any assessment or demonstration paid for, in whole or in part, with funds provided under this section shall be made available to the public, except to the extent that they contain information that is protected from disclosure under section 552(b) of title 5, United States Code. (e) Repayment of Loans.-- (1) In general.--The Secretary of Energy shall require a recipient of a loan under this section to repay the loan, plus interest at a rate of 2.1 percent per year, over a period not to exceed 20 years, beginning after the commercial generation of electric power from the project commences. Such repayment shall be required at a rate that takes into account the economic viability of the loan recipient and ensures regular and timely repayment of the loan. (2) Beginning of repayment period.--No repayments shall be required under this subsection until after the project generates net proceeds. For purposes of this paragraph, the term ``net proceeds'' means proceeds from the commercial sale of electricity after payment of project-related costs, including taxes and regulatory fees that have not been paid using funds from a loan provided for the project under this section. (3) Termination.--Repayment of a loan made under this section shall terminate as of the date that the project for which the loan was provided ceases commercial generation of electricity if a governmental permitting authority has ordered the closure of the facility because of a finding that the project has unacceptable adverse environmental impacts, except that the Secretary shall require a loan recipient to continue making loan repayments for the cost of equipment, obtained using funds from the loan that have not otherwise been repaid under rules established by the Secretary, that is utilized in a subsequent project for the commercial generation of electricity. (f) Adaptive Management Plan.--In order to receive a loan under this section, an applicant for a Federal license or permit to construct, operate, or maintain a marine or hydrokinetic renewable energy project shall provide to the Federal agency with primary jurisdiction to issue such license or permit an adaptive management plan for the proposed project. Such plan shall-- (1) be prepared in consultation with other parties to the permitting or licensing proceeding, including all Federal, State, municipal, and tribal agencies with authority under applicable Federal law to require or recommend design or operating conditions, for protection, mitigation, and enhancement of fish and wildlife resources, water quality, navigation, public safety, land reservations, or recreation, for incorporation into the permit or license; (2) set forth specific and measurable objectives for the protection, mitigation, and enhancement of fish and wildlife resources, water quality, navigation, public safety, land reservations, or recreation, as required or recommended by governmental agencies described in paragraph (1), and shall require monitoring to ensure that these objectives are met; (3) provide specifically for the modification or, if necessary, removal of the marine or hydrokinetic renewable energy project based on findings by the licensing or permitting agency that the marine or hydrokinetic renewable energy project has not attained or will not attain the specific and measurable objectives set forth in paragraph (2); and (4) be approved and incorporated in the Federal license or permit. (g) Sunset.--The Secretary of Energy shall transmit a report to the Congress when the Secretary of Energy determines that the technologies supported under this Act have achieved a level of maturity sufficient to enable the expiration of the programs under this Act. The Secretary of Energy shall not make any new loans under this section after the report is transmitted under this subsection. SEC. 5. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT. The Secretary of Commerce and the Secretary of the Interior shall, in cooperation with the Federal Energy Regulatory Commission and the Secretary of Energy, and in consultation with appropriate State agencies, jointly prepare programmatic environmental impact statements which contain all the elements of an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), regarding the impacts of the deployment of marine and hydrokinetic renewable energy technologies in the navigable waters of the United States. One programmatic environmental impact statement shall be prepared under this section for each of the Environmental Protection Agency regions of the United States. The agencies shall issue the programmatic environmental impact statements under this section not later than 18 months after the date of enactment of this Act. The programmatic environmental impact statements shall evaluate among other things the potential impacts of site selection on fish and wildlife and related habitat. Nothing in this section shall operate to delay consideration of any application for a license or permit for a marine and hydrokinetic renewable energy technology project. SEC. 6. PRODUCTION CREDIT FOR ELECTRICITY PRODUCED FROM MARINE RENEWABLES. (a) In General.--Subsection (c) of section 45 of the Internal Revenue Code of 1986 (relating to resources) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' at the end of subparagraph (G), (B) by striking the period at the end of subparagraph (H) and inserting ``, and'', and (C) by adding at the end the following new subparagraph: ``(I) marine and hydrokinetic renewable energy.'', and (2) by adding at the end the following new paragraph: ``(10) Marine and hydrokinetic renewable energy.-- ``(A) In general.--The term `marine and hydrokinetic renewable energy' means energy derived from-- ``(i) waves, tides, and currents in oceans, estuaries, and tidal areas, ``(ii) free flowing water in rivers, lakes, and streams, ``(iii) free flowing water in man-made channels, including projects that utilize nonmechanical structures to accelerate the flow of water for electric power production purposes, or ``(iv) differentials in ocean temperature (ocean thermal energy conversion). ``(B) Exceptions.--Such term shall not include any energy which is-- ``(i) described in subparagraphs (A) through (H) of paragraph (1), or ``(ii) derived from any source that utilizes a dam, diversionary structure, or impoundment for electric power production purposes, except as provided in subparagraph (A)(iii).''. (b) Definition of Facility.--Subsection (d) of section 45 of such Code (relating to qualified facilities) is amended by adding at the end the following new paragraph: ``(11) Marine and hydrokinetic renewable energy facilities.--In the case of a facility producing electricity from marine and hydrokinetic renewable energy, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and before January 1, 2009.''. (c) Effective Date.--The amendments made by this section shall apply to electricity produced and sold after the date of the enactment of this Act, in taxable years ending after such date. SEC. 7. INVESTMENT CREDIT AND 5-YEAR DEPRECIATION FOR EQUIPMENT WHICH PRODUCES ELECTRICITY FROM MARINE AND HYDROKINETIC RENEWABLE ENERGY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (relating to energy property) is amended-- (1) by striking ``or'' at the end of clause (iii), (2) by inserting ``or'' at the end of clause (iv), and (3) by adding at the end the following new clause: ``(v) equipment which uses marine and hydrokinetic renewable energy (as defined in section 45(c)(10)) but only with respect to periods ending before January 1, 2018,''. (b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of such Code (relating to 30 percent credit) is amended-- (1) by striking ``and'' at the end of subclause (II), and (2) by adding at the end the following new subclause: ``(IV) energy property described in paragraph (3)(A)(v), and''. (c) Credits Allowed for Investment and Production.--Paragraph (3) of section 48(a) of such Code (relating to energy property) is amended by inserting ``(other than property described in subparagraph (A)(v))'' after ``any property'' in the last sentence thereof. (d) Denial of Dual Benefit.--Paragraph (9) of section 45(e) of such Code (relating to coordination with credit for producing fuel from a nonconventional source) is amended-- (1) in subparagraph (A), by striking ``shall not include'' and all that follows and inserting ``shall not include-- ``(i) any facility which produces electricity from gas derived from the biodegradation of municipal solid waste if such biodegradation occurred in a facility (within the meaning of section 45K) the production from which is allowed as a credit under section 45K for the taxable year or any prior taxable year, or ``(ii) any marine and hydrokinetic facility for which a credit is claimed by the taxpayer under section 48 for the taxable year.'', and (2) in the header-- (A) by striking ``credit'' and inserting ``credits'', and (B) by inserting ``and investment in marine and hydrokinetic renewable energy'' after ``nonconventional source''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.

Marine and Hydrokinetic Renewable Energy Promotion Act of 2007- Directs the Secretary of Energy to establish: (1) a marine and hydrokinetic renewable energy research program; and (2) an Adaptive Management and Environmental Fund to lend funds to approved applicants to cover the costs of projects that produce marine and hydrokinetic renewable energy. Instructs the Secretary of Commerce and the Secretary of the Interior to prepare jointly programmatic environmental impact statements regarding the impacts of the deployment of marine and hydrokinetic renewable energy technologies in U.S. navigable waters. Amends the Internal Revenue Code to allow: (1) a tax credit for electricity produced from marine and hydrokinetic renewable energy; and (2) an investment credit and five-year depreciation for equipment which produces electricity from marine and hydrokinetic renewable energy. Denies a tax credit for producing fuel from a nonconventional source (dual benefit) with respect to a marine and hydrokinetic facility for which an investment credit under this Act is claimed by the taxpayer.

A bill to promote the development and use of marine and hydrokinetic renewable energy technologies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian Religious Freedom Act Amendments of 1994''. SEC. 2. TRADITIONAL INDIAN RELIGIOUS USE OF THE PEYOTE SACRAMENT. The Act of August 11, 1978 (42 U.S.C. 1996), commonly referred to as the ``American Indian Religious Freedom Act'', is amended by adding at the end thereof the following new section: ``Sec. 3. (a) The Congress finds and declares that-- ``(1) for many Indian people, the traditional ceremonial use of the peyote cactus as a religious sacrament has for centuries been integral to a way of life, and significant in perpetuating Indian tribes and cultures; ``(2) since 1965, this ceremonial use of peyote by Indians has been protected by Federal regulation; ``(3) while at least 28 States have enacted laws which are similar to, or are in conformance with, the Federal regulation which protects the ceremonial use of peyote by Indian religious practitioners, 22 States have not done so, and this lack of uniformity has created hardship for Indian people who participate in such religious ceremonies; ``(4) the Supreme Court of the United States, in the case of Employment Division v. Smith, 494 U.S. 872 (1990), held that the First Amendment does not protect Indian practitioners who use peyote in Indian religious ceremonies, and also raised uncertainty whether this religious practice would be protected under the compelling State interest standard; and ``(5) the lack of adequate and clear legal protection for the religious use of peyote by Indians may serve to stigmatize and marginalize Indian tribes and cultures, and increase the risk that they will be exposed to discriminatory treatment. ``(b)(1) Notwithstanding any other provision of law, the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any State. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation, including, but not limited to, denial of otherwise applicable benefits under public assistance programs. ``(2) This section does not prohibit such reasonable regulation and registration by the Drug Enforcement Administration of those persons who cultivate, harvest, or distribute peyote as may be consistent with the purposes of this Act. ``(3) This section does not prohibit application of the provisions of section 481.111(a) of Vernon's Texas Health and Safety Code Annotated, in effect on the date of enactment of this section, insofar as those provisions pertain to the cultivation, harvest, and distribution of peyote. ``(4) Nothing in this section shall prohibit any Federal department or agency, in carrying out its statutory responsibilities and functions, from promulgating regulations establishing reasonable limitations on the use or ingestion of peyote prior to or during the performance of duties by sworn law enforcement officers or personnel directly involved in public transportation or any other safety- sensitive positions where the performance of such duties may be adversely affected by such use or ingestion. Such regulations shall be adopted only after consultation with representatives of traditional Indian religions for which the sacramental use of peyote is integral to their practice. Any regulation promulgated pursuant to this section shall be subject to the balancing test set forth in section 3 of the Religious Freedom Restoration Act (Public Law 103-141; 42 U.S.C. 2000bb-1). ``(5) This section shall not be construed as requiring prison authorities to permit, nor shall it be construed to prohibit prison authorities from permitting, access to peyote by Indians while incarcerated within Federal or State prison facilities. ``(6) Subject to the provisions of the Religious Freedom Restoration Act (Public Law 103-141; 42 U.S.C. 2000bb-1), this section shall not be construed to prohibit States from enacting or enforcing reasonable traffic safety laws or regulations. ``(7) Subject to the provisions of the Religious Freedom Restoration Act (Public Law 103-141; 42 U.S.C. 2000bb-1), this section does not prohibit the Secretary of Defense from promulgating regulations establishing reasonable limitations on the use, possession, transportation, or distribution of peyote to promote military readiness, safety, or compliance with international law or laws of other countries. Such regulations shall be adopted only after consultation with representatives of traditional Indian religions for which the sacramental use of peyote is integral to their practice. ``(c) For purposes of this section-- ``(1) the term `Indian' means a member of an Indian tribe; ``(2) the term `Indian tribe' means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; ``(3) the term `Indian religion' means any religion-- ``(A) which is practiced by Indians, and ``(B) the origin and interpretation of which is from within a traditional Indian culture or community; and ``(4) the term `State' means any State of the United States, and any political subdivision thereof. ``(d) Nothing in this section shall be construed as abrogating, diminishing, or otherwise affecting-- ``(1) the inherent rights of any Indian tribe; ``(2) the rights, express or implicit, of any Indian tribe which exist under treaties, Executive orders, and laws of the United States; ``(3) the inherent right of Indians to practice their religions; and ``(4) the right of Indians to practice their religions under any Federal or State law.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

American Indian Religious Freedom Act Amendments of 1994 - Amends the American Indian Religious Freedom Act to permit the traditional use of peyote for Indian religious purposes. States that this Act shall not prohibit: (1) the Drug Enforcement Agency from reasonably regulating persons who cultivate, harvest, or distribute peyote; and (2) a Federal agency from reasonably limiting peyote use in circumstances of public safety.

American Indian Religious Freedom Act Amendments of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Audit Improvement Act of 2015''. SEC. 2. REFORMING THE PRACTICES OF RECOVERY AUDIT CONTRACTORS UNDER THE MEDICARE PROGRAM. (a) Elimination of Contingency Fee Payment System.--Section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)) is amended-- (1) in paragraph (1), by inserting ``, for recovery activities conducted during a fiscal year before fiscal year 2015'' after ``Under the contracts''; and (2) by adding at the end the following new paragraph: ``(11) Payment for recovery activities performed after fiscal year 2014.-- ``(A) In general.--Under the contracts, subject to paragraphs (B) and (C), payment shall be made to recovery audit contractors for recovery activities conducted during fiscal year 2015 and each fiscal year thereafter in the same manner, and from the same amounts, as payment is made to eligible entities under contracts entered into for recovery activities conducted during fiscal year 2014 under subsection (a). ``(B) Prohibition on incentive payments.--Under the contracts, payment made to a recovery audit contractor for recovery activities conducted during fiscal year 2015 or any fiscal year thereafter may not include any incentive payments. ``(C) Performance accountability.-- ``(i) In general.--Under the contracts, payment made to a recovery audit contractor for recovery activities conducted during fiscal year 2015 or any fiscal year thereafter shall, in the case that the contractor has a complex audit denial overturn rate at the end of such fiscal year (as calculated under the methodology described in clause (iv)) that is .1 or greater, be reduced in an amount determined in accordance with clause (ii). ``(ii) Payment reductions.-- ``(I) Sliding scale of amount of reductions.--The Secretary shall establish, for purposes of determining the amount of a reduction in payment to a recovery audit contractor under clause (i) for recovery activities conducted during fiscal year, a linear sliding scale of payment reductions for recovery audit contractors for such fiscal year. Under such linear sliding scale, the amount of such a reduction in payment to a recovery audit contractor for a fiscal year shall be calculated in a manner that provides for such reduction to be greater than the reduction for such fiscal year for recovery audit contractors that have complex audit denial overturn rates at the end of such fiscal year (as calculated under the methodology described in clause (iv)) that are lower than the complex audit denial overturn rate of the contractor at the end of such fiscal year (as so calculated). ``(II) Manner of collecting reduction.--The Secretary may assess and collect the reductions in payment to recovery audit contractors under clause (i) in such manner as the Secretary may specify (such as by reducing the amount paid to the contractor for recovery activities conducted during a fiscal year or by assessing the reduction as a separate penalty payment to be paid to the Secretary by the contractor with respect to each complex audit denial issued by the contractor that is overturned on appeal). ``(iii) Timing of determinations of payment reductions.--The Secretary shall, with respect to a recovery audit contractor, determine not later than six months after the end of a fiscal year-- ``(I) whether to reduce payment to the recovery audit contractor under clause (i) for recovery activities conducted during such fiscal year; and ``(II) in the case that the Secretary determines to so reduce payment to the contractor, the amount of such payment reduction. ``(iv) Methodology for calculation of overturned complex audit denial overturn rate.-- ``(I) Calculation of overturn rate.--The Secretary shall calculate a complex audit denial overturn rate for a recovery audit contractor for a fiscal year by-- ``(aa) determining, with respect to the contract entered into under paragraph (1) by the contractor, the number of complex audit denials issued by the contractor under the contract (including denials issued before such fiscal year and during such fiscal year) that are overturned on appeal; and ``(bb) dividing the number determined under item (aa) by the number of complex audit denials issued by the contractor under such contract (including denials issued before such fiscal year and during such fiscal year). ``(II) Fairness and transparency.-- The Secretary shall calculate the percentage described in subclause (I) in a fair and transparent manner. ``(III) Accounting for subsequently overturned appeals.--The Secretary shall calculate the percentage described in subclause (I) in a manner that accounts for the likelihood that complex audit denials issued by the contractor for such fiscal year will be overturned on appeal in a subsequent fiscal year. ``(IV) Complex audit denial defined.--In this subparagraph, the term `complex audit denial' means a denial by a recovery audit contractor of a claim for payment under this title submitted by a hospital, psychiatric hospital, or critical access hospital that is so denied by the contractor after the contractor has-- ``(aa) requested that the hospital, psychiatric hospital, or critical access hospital, in order to support such claim for payment, provide supporting medical records to the contractor; and ``(bb) reviewed such medical records in order to determine whether an improper payment has been made to the hospital, psychiatric hospital, or critical access hospital for such claim. ``(V) Overturned on appeal defined.--In this subparagraph, the term `overturned on appeal' means, with respect to a complex audit denial, a denial that is overturned on appeal at the reconsideration level, the redetermination level, or the administrative law judge hearing level. ``(D) Application to existing contracts.--Not later than 60 days after the date of the enactment of this paragraph, the Secretary shall modify, as necessary, each contract under paragraph (1) that the Secretary entered into prior to such date of enactment in order to ensure that payment with respect to recovery activities conducted under such contract is made in accordance with the requirements described in this paragraph.''. (b) Elimination of One-Year Timely Filing Limit To Rebill Part B Claims.-- (1) In general.--Section 1842(b) of the Social Security Act (42 U.S.C. 1395u(b)) is amended by adding at the end the following new paragraph: ``(20) Exception to the one-year timely filing limit for certain rebilled claims.-- ``(A) In general.--In the case of a claim submitted under this part by a hospital (as defined in subparagraph (B)(i)) for hospital services with respect to which there was a previous claim submitted under part A as inpatient hospital services or inpatient critical access hospital services that was denied by a Medicare contractor (as defined in subparagraph (B)(ii)) because of a determination that the inpatient admission was not medically reasonable and necessary under section 1862(a)(1)(A), the deadline described in this paragraph is 180 days from the date of the final denial of such claim under part A. ``(B) Definitions.--In this paragraph: ``(i) Hospital.--The term `hospital' has the meaning given such term in section 1861(e), and includes a psychiatric hospital (as defined in section 1861(f)) and a critical access hospital (as defined in section 1861(mm)(1)). ``(ii) Medicare contractor.--The term `Medicare contractor' has the meaning given such term under section 1889(g), and includes a recovery audit contractor with a contract under section 1893(h). ``(iii) Final denial.--The term `final denial' means-- ``(I) in the case that a hospital elects not to appeal a denial described in subparagraph (A) by a Medicare contractor, the date of such denial; or ``(II) in the case that a hospital elects to appeal a such a denial, the date on which such appeal is exhausted.''. (2) Conforming amendments.-- (A) Section 1835(a)(1) of the Social Security Act (42 U.S.C. 1395n(a)(1)) is amended by inserting ``or, in the case of a claim described in section 1842(b)(20), the no later than the deadline described in such paragraph'' after ``the date of service''. (B) Section 1842(b)(3)(B) of the Social Security Act (42 U.S.C. 1395u(b)(3)(B)) is amended in the flush language following clause (ii) by inserting ``or, in the case of a claim described in section 1842(b)(20), the no later than the deadline described in such paragraph'' after ``the date of service''. (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to claims submitted under part B of title XVIII of the Social Security Act for hospital services for which there was a previous claim submitted under part A as inpatient hospital services or inpatient critical access hospital services that was subject to a final denial (as defined in paragraph (20)(B)(iii) of section 1842(b) of such Act (42 U.S.C. 1395u(b)) on or after such date of enactment. (c) Medical Documentation Considered for Medical Necessity Reviews of Claims for Inpatient Hospital Services.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended by adding at the end the following new sentence: ``A determination under paragraph (1) of whether inpatient hospital services or inpatient critical access hospital services furnished to an individual on or after the date of the enactment of this sentence are reasonable and necessary shall be based solely upon information available to the admitting physician at the time of the inpatient admission of the individual for such inpatient services, as documented in the medical record.''

Medicare Audit Improvement Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act (SSAct) with respect to the practices of recovery audit contractors (RACs) under the Medicare program fin identifying underpayments and overpayments and recouping overpayments. Incentive payments to a RAC for recovery activities are prohibited for FY2015 and subsequent fiscal years. Payments for recovery activities shall be reduced, according to a sliding scale established by the Secretary of Health and Human Services, to any RAC with a complex audit denial rate at the end of a fiscal year, determined pursuant to a specified formula, that is .1% or greater. The one-year timely filing limit for certain rebilled SSAct title XVIII part B (Supplementary Medical Insurance) claims is eliminated, extending the deadline for the rebill to 180 days after final denial of the claim. A determination of whether inpatient hospital services or inpatient critical access hospital services furnished to an individual are reasonable and necessary shall now be based solely on information available to the admitting physician at the time of the inpatient admission of the individual for such services, as documented in the medical record.

Medicare Audit Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Depository Institutions Disaster Relief Act of 1997''. SEC. 2. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT. (a) Truth in Lending Act.--During the 240-day period beginning on the date of enactment of this Act, the Board of Governors of the Federal Reserve System may make exceptions to the Truth in Lending Act for transactions within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after February 28, 1997, that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1997 flooding of the Red River and its tributaries, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. (b) Expedited Funds Availability Act.--During the 240-day period beginning on the date of enactment of this Act, the Board of Governors of the Federal Reserve System may make exceptions to the Expedited Funds Availability Act for depository institution offices located within any area referred to in subsection (a) of this section if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. (c) Time Limit on Exceptions.--Any exception made under this section shall expire not later than September 1, 1998. (d) Publication Required.--The Board of Governors of the Federal Reserve System shall publish in the Federal Register a statement that-- (1) describes any exception made under this section; and (2) explains how the exception can reasonably be expected to produce benefits to the public that outweigh possible adverse effects. SEC. 3. DEPOSIT OF INSURANCE PROCEEDS. (a) In General.--The appropriate Federal banking agency may, by order, permit an insured depository institution to subtract from the institution's total assets, in calculating compliance with the leverage limit prescribed under section 38 of the Federal Deposit Insurance Act, an amount not exceeding the qualifying amount attributable to insurance proceeds, if the agency determines that-- (1) the institution-- (A) had its principal place of business within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after February 28, 1997, that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1997 flooding of the Red River and its tributaries, on the day before the date of any such determination; (B) derives more than 60 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, areas of intense devastation caused by the major disaster; (C) was adequately capitalized (as defined in section 38 of the Federal Deposit Insurance Act) before the major disaster; and (D) has an acceptable plan for managing the increase in its total assets and total deposits; and (2) the subtraction is consistent with the purpose of section 38 of the Federal Deposit Insurance Act. (b) Time Limit on Exceptions.--Any exception made under this section shall expire not later than February 28, 1999. (c) Definitions.--For purposes of this section: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (2) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (3) Leverage limit.--The term ``leverage limit'' has the same meaning as in section 38 of the Federal Deposit Insurance Act. (4) Qualifying amount attributable to insurance proceeds.-- The term ``qualifying amount attributable to insurance proceeds'' means the amount (if any) by which the institution's total assets exceed the institution's average total assets during the calendar quarter ending before the date of any determination referred to in subsection (a)(1)(A), because of the deposit of insurance payments or governmental assistance made with respect to damage caused by, or other costs resulting from, the major disaster. SEC. 4. BANKING AGENCY PUBLICATION REQUIREMENTS. (a) In General.--A qualifying regulatory agency may take any of the following actions with respect to depository institutions or other regulated entities whose principal place of business is within, or with respect to transactions or activities within, an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after February 28, 1997, that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1997 flooding of the Red River and its tributaries, if the agency determines that the action would facilitate recovery from the major disaster: (1) Procedure.--Exercising the agency's authority under provisions of law other than this section without complying with-- (A) any requirement of section 553 of title 5, United States Code; or (B) any provision of law that requires notice or opportunity for hearing or sets maximum or minimum time limits with respect to agency action. (2) Publication requirements.--Making exceptions, with respect to institutions or other entities for which the agency is the primary Federal regulator, to-- (A) any publication requirement with respect to establishing branches or other deposit-taking facilities; or (B) any similar publication requirement. (b) Publication Required.--A qualifying regulatory agency shall publish in the Federal Register a statement that-- (1) describes any action taken under this section; and (2) explains the need for the action. (c) Qualifying Regulatory Agency Defined.--For purposes of this section, the term ``qualifying regulatory agency'' means-- (1) the Board of Governors of the Federal Reserve System; (2) the Comptroller of the Currency; (3) the Director of the Office of Thrift Supervision; (4) the Federal Deposit Insurance Corporation; (5) the Financial Institutions Examination Council; (6) the National Credit Union Administration; and (7) with respect to chapter 53 of title 31, United States Code, the Secretary of the Treasury. (d) Expiration.--Any exception made under this section shall expire not later than February 28, 1998. SEC. 5. SENSE OF THE CONGRESS. It is the sense of the Congress that the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the National Credit Union Administration should encourage depository institutions to meet the financial services needs of their communities and customers located in areas affected by the 1997 flooding of the Red River and its tributaries. SEC. 6. OTHER AUTHORITY NOT AFFECTED. No provision of this Act shall be construed as limiting the authority of any department or agency under any other provision of law.

Depository Institutions Disaster Relief Act of 1997 - Authorizes the Board of Governors of the Federal Reserve System to make exceptions to the Truth in Lending Act and the Expedited Funds Availability Act with respect to transactions and depository institutions located within national disaster areas produced by the 1997 flooding of the Red River and its tributaries, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public that outweigh possible adverse effects. Authorizes the appropriate Federal banking agency to permit an insured depository institution in such a disaster area, which also meets certain other requirements, to subtract the amount of disaster insurance proceeds or governmental assistance from its total assets when calculating compliance with mandatory leverage limits of the Federal Deposit Insurance Act. Authorizes the Board and other Federal banking agencies to disregard specified rulemaking procedural and publication requirements of Federal law with respect to such depository institutions. Expresses the sense of the Congress that specified Federal regulatory agencies should encourage depository institutions to meet the financial services needs of their communities and customers located in areas affected by the 1997 flooding of the Red River and its tributaries.

Depository Institutions Disaster Relief Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Fraudulent and Imitation Drugs Act of 2006''. SEC. 2. COUNTERFEIT-RESISTANT TECHNOLOGIES FOR PRESCRIPTION DRUGS. (a) Required Technologies.--The Secretary of Health and Human Services shall require that the packaging of any prescription drug incorporate-- (1) radio frequency identification (RFID) tagging technology, or similar trace and track technologies that have an equivalent function; (2) tamper-indicating technologies; and (3) blister security packaging when possible. (b) Use of Technologies.-- (1) Authorized uses.--The Secretary shall require that technologies described in subsection (a)(1) be used exclusively to authenticate the pedigree of prescription drugs, including by-- (A) implementing inventory control; (B) tracking and tracing prescription drugs; (C) verifying shipment or receipt of prescription drugs; (D) authenticating finished prescription drugs; and (E) electronically authenticating the pedigree of prescription drugs. (2) Privacy protection.--The Secretary shall prohibit technologies required by subsection (a)(1) from containing or transmitting any information that may be used to identify a health care practitioner or the prescription drug consumer. (3) Prohibition against advertising.--The Secretary shall prohibit technologies required by subsection (a)(1) from containing or transmitting any advertisement or information about prescription drug indications or off-label prescription drug uses. (c) Recommended Technologies.--The Secretary shall encourage the manufacturers and distributors of prescription drugs to incorporate into the packaging of such drugs, in addition to the technologies required under subsection (a), overt optically variable counterfeit- resistant technologies that-- (1) are visible to the naked eye, providing for visual identification of prescription drug authenticity without the need for readers, microscopes, lighting devices, or scanners; (2) are similar to technologies used by the Bureau of Engraving and Printing to secure United States currency; (3) are manufactured and distributed in a highly secure, tightly controlled environment; and (4) incorporate additional layers of non-visible covert security features up to and including forensic capability. (d) Standards for Packaging.-- (1) Multiple elements.--For the purpose of making it more difficult to counterfeit the packaging of prescription drugs, the Secretary shall require manufacturers of prescription drugs to incorporate the technologies described in paragraphs (1), (2), and (3) of subsection (a), and shall encourage manufacturers and distributors of prescription drugs to incorporate the technologies described in subsection (c), into multiple elements of the physical packaging of the drugs, including-- (A) blister packs, shrink wrap, package labels, package seals, bottles, and boxes; and (B) at the item level. (2) Labeling of shipping container.--Shipments of prescription drugs shall include a label on the shipping container that incorporates the technologies described in subsection (a)(1), so that members of the supply chain inspecting the packages will be able to determine the authenticity of the shipment. Chain of custody procedures shall apply to such labels and shall include procedures applicable to contractual agreements for the use and distribution of the labels, methods to audit the use of the labels, and database access for the relevant governmental agencies for audit or verification of the use and distribution of the labels. (e) Penalty.--A prescription drug is deemed to be misbranded for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) if the packaging or labeling of the drug is in violation of a requirement or prohibition applicable to the drug under subsection (a), (b), or (d). (f) Transitional Provisions; Effective Dates.-- (1) National specified list of susceptible prescription drugs.-- (A) Initial publication.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish in the Federal Register a list, to be known as the National Specified List of Susceptible Prescription Drugs, consisting of not less than 30 of the prescription drugs that are most frequently subject to counterfeiting in the United States (as determined by the Secretary). (B) Revision.--Not less than annually through the end of calendar year 2009, the Secretary shall review and, as appropriate, revise the National Specified List of Susceptible Prescription Drugs. The Secretary may not revise the List to include fewer than 30 prescription drugs. (2) Effective dates.--The Secretary shall implement the requirements and prohibitions of subsections (a), (b), and (d)-- (A) with respect to prescription drugs on the National Specified List of Susceptible Prescription Drugs, beginning not later than the earlier of-- (i) 1 year after the initial publication of such List; or (ii) December 31, 2007; and (B) with respect to all prescription drugs, beginning not later than December 31, 2010. (3) Authorized uses during transitional period.--In lieu of the requirements specified in subsection (b)(1), for the period beginning on the effective date applicable under paragraph (2)(A) and ending on the commencement of the effective date applicable under paragraph (2)(B), the Secretary shall require that technologies described in subsection (a)(1) be used exclusively to verify the authenticity of prescription drugs. (g) Definitions.--In this Act: (1) The term ``pedigree''-- (A) means the history of each prior sale, purchase, or trade of the prescription drug involved to a distributor or retailer of the drug (including the date of the transaction and the names and addresses of all parties to the transaction); and (B) excludes information about the sale, purchase, or trade of the drug to the drug consumer. (2) The term ``prescription drug'' means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)). (3) The term ``Secretary'' means the Secretary of Health and Human Services.

Reducing Fraudulent and Imitation Drugs Act of 2006 - Directs the Secretary of Health and Human Services to require prescription drug packaging to incorporate: (1) radio frequency tagging technology or similar trace and track technologies; (2) tamper-indicating technologies; and (3) blister security packaging when possible. Directs the Secretary to: (1) require that such technologies be used exclusively to authenticate the pedigree of prescription drugs; and (2) prohibit such technologies from containing or transmitting any identifying information of a health care practitioner or consumer, or any advertisement or information about indications or off-label uses. Requires the Secretary to encourage prescription drug manufacturers and distributors to incorporate: (1) overt optically variable counterfeit-resistant technologies into packaging; and (2) required prescription drug packaging technologies into multiple elements of the physical packaging of the drugs. Requires prescription drug shipments to include a label on the shipping container that incorporates packaging technologies. Deems a prescription drug to be misbranded if the packaging or labeling of the drug is in violation of a requirement or prohibition of this Act. Requires the Secretary to publish the National Specified List of Susceptible Prescription Drugs, consisting of not less than 30 of the most frequently counterfeited prescription drugs in the United States.

To direct the Secretary of Health and Human Services to require the incorporation of counterfeit-resistant technologies into the packaging of prescription drugs, and for other purposes.

SECTION 1. RED SNAPPER ALLOWABLE CATCH QUOTAS. (a) Definitions.-- (1) Exclusive economic zone.--The term ``exclusive economic zone'' means the zone established by Presidential Proclamation No. 5030, dated March 10, 1983, and that is the area adjacent to the United States that, except where modified to accommodate international boundaries, encompasses all waters from the seaward boundary of each of the coastal States to a line on which each point is 200 nautical miles from the baseline from which the territorial sea of the United States is measured. (2) Gulf red snapper.--The term ``Gulf red snapper'' means red snapper of the Gulf of Mexico. (b) In General.--Notwithstanding any other provision of law, including part 622 of title 50, Code of Federal Regulations, the total allowable catch quotas for commercial and recreational fisheries for Gulf red snapper shall be determined under subsection (c). (c) Quotas.-- (1) Aggregate allowable catch quotas.--For each of the calendar years 1998 through 2001, the aggregate allowable catch quota for Gulf red snapper shall be 9,120,000 pounds. (2) Quota for commercial fisheries.--For each calendar year specified in paragraph (1), the allowable catch quota applicable to persons who harvest Gulf red snapper under commercial vessel permits shall be 51 percent of the aggregate allowable catch quota specified in that paragraph. (3) Recreational quota.--For each calendar year specified in paragraph (1), the allowable catch quota applicable to persons who harvest Gulf red snapper other than under commercial vessel permits shall be 49 percent of the aggregate allowable catch quota specified in that paragraph. (d) Limitation on Conditions.--Notwithstanding any other provision of law, the harvesting of Gulf red snapper in accordance with the quotas specified under subsection (c) shall not be subject to any condition relating to the performance of bycatch reduction devices that would reduce the amounts of red snapper that may be harvested under an applicable catch quota specified in subsection (c). (e) Recreational Bag Limit.--Notwithstanding any other provision of law, including part 622.39 of title 50, Code of Federal Regulations, during the period beginning on the date of enactment of this Act and ending on December 31, 2001, the bag limit for daily catch of Gulf red snapper applicable to a person who harvests red snapper other than under a commercial vessel permit shall be 4 fish, except that any member of the crew of a for-hire vessel used for such recreational fishing shall be prohibited from catching any Gulf red snapper while aboard that vessel during the period of time that vessel is used for- hire for that purpose. (f) Minimum Size Limit.--Notwithstanding any other provision of law, including part 622.37 of title 50, Code of Federal Regulations, during the period beginning on the date of enactment of this Act and ending on December 31, 2001, the minimum size limit for Gulf red snapper shall be 15 inches (38.1 cm), total length. (g) Prohibition.--During the period specified in subsection (c)(1), the Secretary of Commerce, acting through the Director of the National Marine Fisheries Service, may not establish any fishery closing date designed for the preservation of Gulf red snapper that is inconsistent with a recommendation of the Gulf of Mexico Fishery Management Council established under section 302 of the Magnuson-Stevens Fishery Management Act (16 U.S.C. 1852). (h) Expedited Review of TEDs.--Not later than December 31, 1998, the Secretary of Commerce, acting through the Director of the National Marine Fisheries Service, shall-- (1) take such actions as may be necessary to complete the review of turtle excluding devices (commonly referred to as ``TEDs'') to determine whether those devices may serve effectively as functioning bycatch reduction devices; and (2) if upon completion of that review, the Secretary, acting through the Director, determines that turtle excluding devices may serve effectively as functioning bycatch reduction devices, certify those devices as functioning bycatch reduction devices. (i) Study.-- (1) In general.--The Secretary of Commerce, acting through the Director of the National Marine Fisheries Service, shall conduct a study to provide an estimate of the bycatch reduction achieved in the Gulf of Mexico by bycatch reduction devices, including the devices described in subsection (h). (2) Commencement and completion dates of study.--The Secretary of Commerce, acting through the Director of the National Marine Fisheries Service, shall commence the study under paragraph (1) on May 1, 2001, and shall complete that study not later than August 31, 2001. (3) Peer review.--In conducting the study under this section, the Secretary of Commerce, acting through the Director of the National Marine Fisheries Service, shall provide for a process of peer review of the results of the study. Under that process, the Secretary of Commerce, acting through the Director of the National Marine Fisheries Service, shall make the results of the study available for review by individuals with recognized scientific or other research expertise that the Secretary, acting through the Director, determines to be appropriate. (4) Report.--Upon completion of the study under this subsection, the Secretary of Commerce, acting through the Director of the National Marine Fisheries Service, shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives, a report that contains the results of the study.

Sets, notwithstanding any other provision of law, the allowable commercial fisheries and recreational catch quotas for Gulf of Mexico red snapper. Makes those quotas not subject to the performance of bycatch reduction devices that would reduce the amounts of red snapper that may be harvested. Sets the recreational bag limit for day catch. Sets the minimum size limit. Prohibits, during a specified period of years, the establishment of any fishery closing date designed for the preservation of Gulf red snapper that is inconsistent with a recommendation of the Gulf of Mexico Fishery Management Council. Mandates completion of the review of turtle excluding devices (TEDs) regarding whether TEDs serve effectively as functioning bycatch reduction devices and, if so, certification of TEDs as functioning bycatch reduction devices. Requires a peer-reviewed study and report to specified congressional committees estimating the bycatch reduction achieved in the Gulf by bycatch reduction devices.

A bill to provide for allowable catch quota for red snapper in the Gulf of Mexico, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Illegal Worker Prevention Act.'' SEC. 2. DEBARMENT OF FEDERAL CONTRACTORS NOT IN COMPLIANCE WITH IMMIGRATION AND NATIONALITY ACT EMPLOYMENT PROVISIONS. (a) Policy.--It is the policy of the United States that-- (1) the heads of executive agencies in procuring goods and services should not contract with an employer that has not complied with paragraphs (1)(A) and (2) of section 274A(a) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)) (hereafter in this section referred to as the ``INA employment provisions''), which prohibit unlawful employment of aliens; and (2) the Attorney General should fully and aggressively enforce the antidiscrimination provisions of the Immigration and Nationality Act. (b) Enforcement.-- (1) Authority.-- (A) In general.-- Using the procedures established pursuant to section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)), the Attorney General may conduct such investigations as are necessary to determine whether a contractor or an organizational unit of a contractor is not complying with the INA employment provisions. (B) Complaints and hearings.--The Attorney General-- (i) shall receive and may investigate any complaint by an employee of any such entity that alleges noncompliance by such entity with the INA employment provisions; and (ii) in conducting the investigation, shall hold such hearings as are necessary to determine whether that entity is not in compliance with the INA employment provisions. (2) Actions on determinations of noncompliance.-- (A) Attorney general.--Whenever the Attorney General determines that a contractor or an organizational unit of a contractor is not in compliance with the INA employment provisions, the Attorney General shall transmit that determination to the head of each executive agency that contracts with the contractor and the heads of other executive agencies that the Attorney General determines it appropriate to notify. (B) Head of contracting agency.--Upon receipt of the determination, the head of a contracting executive agency shall consider the contractor or an organizational unit of the contractor for debarment, and shall take such other action as may be appropriate, in accordance with applicable procedures and standards set forth in the Federal Acquisition Regulation. (C) Nonreviewability of determination.--The Attorney General's determination is not reviewable in debarment proceedings. (c) Debarment.-- (1) Authority.--The head of an executive agency may debar a contractor or an organizational unit of a contractor on the basis of a determination of the Attorney General that it is not in compliance with the INA employment provisions. (2) Scope.--The scope of the debarment generally should be limited to those organizational units of a contractor that the Attorney General determines are not in compliance with the INA employment provisions. (3) Period.--The period of a debarment under this subsection shall be one year, except that the head of the executive agency may extend the debarment for additional periods of one year each if, using the procedures established pursuant to section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)), the Attorney General determines that the organizational unit of the contractor concerned continues not to comply with the INA employment provisions. (4) Listing.--The Administrator of General Services shall list each debarred contractor and each debarred organizational unit of a contractor on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs that is maintained by the Administrator. No debarred contractor and no debarred organizational unit of a contractor shall be eligible to participate in any procurement, nor in any nonprocurement activities, of the Federal Government. (d) Regulations and Orders.-- (1) Attorney general.-- (A) Authority.--The Attorney General may prescribe such regulations and issue such orders as the Attorney General considers necessary to carry out the responsibilities of the Attorney General under this section. (B) Consultation.--In proposing regulations or orders that affect the executive agencies, the Attorney General shall consult with the Secretary of Defense, the Secretary of Labor, the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, the Administrator for Federal Procurement Policy, and the heads of any other executive agencies that the Attorney General considers appropriate. (2) Federal acquisition regulation.--The Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to the extent necessary to provide for implementation of the debarment responsibility and other related responsibilities assigned to heads of executive agencies under this section. (e) Interagency Cooperation.--The head of each executive agency shall cooperate with, and provide such information and assistance to, the Attorney General as is necessary for the Attorney General to perform the duties of the Attorney General under this section. (f) Delegation.--The Attorney General, the Secretary of Defense, the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, and the head of any other executive agency may delegate the performance of any of the functions or duties of that official under this section to any officer or employee of the executive agency under the jurisdiction of that official. (g) Implementation Not To Burden Procurement Process Excessively.-- This section shall be implemented in a manner that least burdens the procurement process of the Federal Government. (h) Construction.-- (1) Antidiscrimination.--Nothing in this section relieves employers of the obligation to avoid unfair immigration-related employment practices as required by-- (A) the antidiscrimination provisions of section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b), including the provisions of subsection (a)(6) of that section concerning the treatment of certain documentary practices as unfair immigration-related employment practices; and (B) all other antidiscrimination requirements of applicable law. (2) Contract terms.--This section neither authorizes nor requires any additional certification provision, clause, or requirement to be included in any contract or contract solicitation. (3) No new rights and benefits.--This section may not be construed to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, including any department or agency, officer, or employee of the United States. (4) Judicial review.--This section does not preclude judicial review of a final agency decision in accordance with chapter 7 of title 5, United States Code. (i) Definitions.--In this section: (1) Executive agency.--The term ``executive agency'' has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (2) Contractor.--The term ``contractor'' means any individual or other legal entity that-- (A) directly or indirectly (through an affiliate or otherwise), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a Federal Government contract, including a contract for carriage under Federal Government or commercial bills of lading, or a subcontract under a Federal Government contract; or (B) conducts business, or reasonably may be expected to conduct business, with the Federal Government as an agent or representative of another contractor.

Illegal Worker Prevention Act - Provides for the debarment of Federal contractors for noncompliance with illegal alien employment provisions under the Immigration and Nationality Act.

Illegal Worker Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Predominantly Black Institution Act of 2006''. SEC. 2. PREDOMINANTLY BLACK INSTITUTIONS. Part A of title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.) is amended by inserting after section 317 (20 U.S.C. 1059d) the following new section: ``SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS. ``(a) Findings and Purpose.-- ``(1) Findings.--The Congress finds that-- ``(A) although Black Americans have made significant progress in closing the `gap' between Black and White enrollment in higher education-- ``(i) Black Americans continue to trail Whites in the percentage of the college-age cohort who enroll and graduate from college; ``(ii) the college participation rate of Whites was 46 percent from 2000-2002, while that for Blacks was only 39 percent; and ``(iii) the gap between White and Black baccalaureate degree attainment rates also remains high, continuing to exceed 10 percent; ``(B) a growing number of Black American students are participating in higher education and are enrolled at a growing number of urban and rural Predominantly Black Institutions that have included in their mission the provision of academic training and education for both traditional and non-traditional minority students; ``(C) the overwhelming majority of students attending Predominantly Black Institutions come from low- and middle-income families and qualify for participation in the Federal student assistance programs or other need-based Federal programs; and recent data from the National Postsecondary Student Aid Study indicate that 47 percent of Pell grant recipients were Black compared to only 21 percent of Whites; ``(D) many of these students are also `first generation' college students who lack the appropriate academic preparation for success in college and whose parents lack the ordinary knowledge and information regarding financing a college education; ``(E) there is a particular national need to aid institutions of higher education that have become Predominantly Black Institutions by virtue of the fact that they have expanded opportunities for Black American and other minority students; ``(F) Predominantly Black Institutions fulfill a unique mission and represent a vital component of the American higher education landscape, far beyond that which was initially envisioned; ``(G) Predominantly Black Institutions serve the cultural and social advancement of low-income, Black American and other minority students and are a significant access point for these students to higher education and the opportunities offered by American society; ``(H) the concentration of these students in a limited number of two-year and four-year Predominantly Black Institutions and their desire to secure a degree to prepare them for a successful career places special burdens on those institutions who attract, retain, and graduate these students; and ``(I) financial assistance to establish or strengthen the physical plants, financial management, academic resources, and endowments of the Predominantly Black Institutions are appropriate methods to enhance these institutions and facilitate a decrease in reliance on governmental financial support and to encourage reliance on endowments and private sources. ``(2) Purpose.--It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance. ``(b) Definitions.--For purposes of this section: ``(1) Predominantly black institution.--The term `Predominantly Black Institution' means an institution of higher education-- ``(A) that is an eligible institution (as defined in paragraph (5)(A) of this subsection) with a minimum of 1,000 undergraduate students; ``(B) at which at least 50 percent of the undergraduate students enrolled at the institution are low-income individuals or first-generation college students (as that term is defined in section 402A(g)); and ``(C) at which at least 50 percent of the undergraduate students are enrolled in an educational program leading to a bachelor's or associate's degree that the institution is licensed to award by the State in which it is located. ``(2) Low-income individual.--The term `low-income individual' has the meaning given such term in section 402A(g). ``(3) Means-tested federal benefit program.--The term `means-tested Federal benefit program' means a program of the Federal Government, other than a program under title IV, in which eligibility for the programs' benefits, or the amount of such benefits, or both, are determined on the basis of income or resources of the individual or family seeking the benefit. ``(4) State.--The term `State' means each of the 50 States and the District of Columbia. ``(5) Other definitions.--For purposes of this section, the terms defined by section 312 have the meanings provided by that section, except as follows: ``(A) Eligible institution.-- ``(i) The term `eligible institution' means an institution of higher education that-- ``(I) has an enrollment of needy undergraduate students as required and defined by subparagraph (B); ``(II) except as provided in section 392(b), the average educational and general expenditure of which are low, per full-time equivalent undergraduate student in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions that offer similar instruction; ``(III) has an enrollment of undergraduate students that is at least 40 percent Black American students; ``(IV) is legally authorized to provide, and provides within the State, an educational program for which the institution awards a bachelors degree, or in the case of a junior or community college, an associate's degree; and ``(V) is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be a reliable authority as to the quality of training offered, or is, according to such an agency or association, making reasonable progress toward accreditation. ``(ii) For purposes of the determination of whether an institution is an eligible institution under this subparagraph, the factor described under clause (i)(I) shall be given twice the weight of the factor described under clause (i)(III). ``(B) Enrollment of needy students.--The term `enrollment of needy students' means the enrollment at an eligible institution with respect to which at least 50 percent of the undergraduate students enrolled in an academic program leading to a degree-- ``(i) in the second fiscal year preceding the fiscal year for which the determination is made, were Pell Grant recipients in such year; ``(ii) come from families that receive benefits under a means-tested Federal benefits program (as defined in subsection (b)(3)); ``(iii) attended a public or nonprofit private secondary school which is in the school district of a local educational agency which was eligible for assistance pursuant to title I of the Elementary and Secondary Education Act of 1965 in any year during which the student attended that secondary school, and which for the purpose of this paragraph and for that year was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total enrollment of that school; or ``(iv) are `first-generation college students' as that term is defined in section 402A(g), and a majority of such first- generation college students are low-income individuals. ``(c) Authorized Activities.-- ``(1) Types of activities authorized.--Grants awarded pursuant to subsection (d) shall be used by Predominantly Black Institutions-- ``(A) to assist the institution to plan, develop, undertake, and implement programs to enhance the institution's capacity to serve more low- and middle- income Black American students; ``(B) to expand higher education opportunities for title IV eligible students by encouraging college preparation and student persistence in secondary and postsecondary education; and ``(C) to strengthen the institution's financial ability to serve the academic needs of the students described in subparagraphs (A) and (B). ``(2) Authorized activities.--Grants made to an institution under subsection (d) shall be used for one or more of the following activities: ``(A) The activities described in section 311(a)(1) through (11). ``(B) Academic instruction in disciplines in which Black Americans are underrepresented. ``(C) Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary or secondary school in the State that shall include, as part of such program, preparation for teacher certification. ``(D) Establishing community outreach programs which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education. ``(E) Other activities proposed in the application submitted pursuant to subsection (e) that-- ``(i) contribute to carrying out the purposes of this section; and ``(ii) are approved by the Secretary as part of the review and acceptance of such application. ``(3) Endowment fund.-- ``(A) In general.--A Predominantly Black Institution may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution. ``(B) Matching requirement.--In order to be eligible to use grant funds in accordance with subparagraph (A), the Predominantly Black Institution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Federal funds used in accordance with subparagraph (A), for the establishment or increase of the endowment fund. ``(C) Comparability.--The provisions of part C regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under subparagraph (A). ``(4) Limitation.--Not more than 50 percent of the allotment of any Predominantly Black Institution may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other instructional facility. ``(d) Allotments to Predominantly Black Institutions.-- ``(1) Allotment: pell grant basis.--From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution a sum which bears the same ratio to one-half that amount as the number of Pell Grant recipients in attendance at such institution at the end of the academic year preceding the beginning of that fiscal year bears to the total number of Pell Grant recipients at all institutions eligible under this section. ``(2) Allotment: graduates basis.--From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution a sum which bears the same ratio to one-fourth that amount as the number of graduates for such school year at such institution bears to the total number of graduates for such school year at all intuitions eligible under this section. ``(3) Allotment: graduates seeking a higher degree basis.-- From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution a sum which bears the same ratio to one- fourth of that amount as the percentage of graduates per institution who are admitted to and in attendance at, within 2 years of graduation with an associates degree or a baccalaureate degree, either a baccalaureate degree-granting institution or a graduate or professional school in a degree program in disciplines in which Black American students are underrepresented, bears to the percentage of such graduates per institution for all eligible institutions. ``(4) Minimum allotment.--(A) Notwithstanding paragraphs (1), (2), and (3), the amount allotted to each Predominantly Black Institution under this section shall not be less than $250,000. ``(B) If the amount appropriated pursuant to section 399 for any fiscal year is not sufficient to pay the minimum allotment, the amount of such minimum allotment shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allocation shall be increased on the same basis as it was reduced until the amount allotted equals the minimum allotment required by subparagraph (A). ``(5) Reallotment.--The amount of a Predominantly Black Institution's allotment under paragraph (1), (2), (3), or (4) for any fiscal year, which the Secretary determines will not be required for such institution for the period such allotment is available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotment to such other institutions under this section for such fiscal year. The Secretary shall reallot such amounts from time to time, on such date and during such period as the Secretary deems appropriate. ``(e) Applications.--No Predominantly Black Institution shall be entitled to its allotment of Federal funds for any grant under subsection (d) for any period unless the institution submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. ``(f) Application Review Process.--Section 393 shall not apply to applications under this section. ``(g) Prohibition.--No Predominantly Black Institution that applies for and receives a grant under this section may apply for or receive funds under any other program under this part or part B of this title. ``(h) Duration and Carryover.--Any funds paid to a Predominantly Black Institution under this section and not expended or used for the purposes for which the funds were paid within 10 years following the date of the grant awarded to such institution under this section shall be repaid to the Treasury of the United States.''.

Predominantly Black Institution Act of 2006 - Amends the Higher Education Act of 1965 to provide grants to Predominantly Black Institutions to: (1) enhance their capacity to serve more low and middle-income Black American students; (2) expand higher education opportunities for students eligible for student assistance under title IV of the Act by encouraging such students to prepare for college and persist in secondary and postsecondary education; and (3) strengthen their financial ability to serve the academic needs of such students. Defines such institutions as accredited institutions: (1) serving at least 1,000 undergraduate students, at least 50% of which are pursuing a bachelor's or associate's degree; (2) serving an undergraduate population at least 40% of which are Black Americans and at least 50% of which are low-income or first-generation college students; and (3) whose spending per full-time undergraduate student is low in comparison to that of institutions offering similar instruction. Allows grant recipients to use up to 20% of their grant on an endowment fund, provided they raise nonfederal matching funds at least equal to the amount of the grant used for such endowment. Allots funding among institutions on the basis of their share of Pell Grant recipients, graduates, and graduates pursuing a higher degree. Establishes a minimum allotment for each institution of $250,000, which is to be ratably reduced if appropriations are insufficient to pay such amount.

To amend the Higher Education Act of 1965 to authorize grant programs to enhance the access of low-income Black students to higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Restoration Act of 2004''. SEC. 2. FEDERAL AID IN RESTORATION AND PROTECTION OF SHORES AND BEACHES. The first section of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426e), is amended to read as follows: ``SECTION 1. FEDERAL AID IN RESTORATION AND PROTECTION OF SHORES AND BEACHES. ``(a) Declaration of Policy.-- ``(1) Policy.--It is the policy of the United States to promote shore and beach protection projects and related research that encourages the protection, restoration, and enhancement of shores, sandy beaches, and other coastal infrastructure on a comprehensive and coordinated basis by Federal, State, and local governments and private persons. ``(2) Purposes.--The purposes of this Act are-- ``(A) to restore and maintain the shores, beaches, and other coastal resources of the United States (including territories and possessions); and ``(B) to promote the healthful recreation of the people of the United States. ``(3) Priority.--In carrying out this Act, preference shall be given to areas-- ``(A) in which there has been a previous investment of Federal funds; ``(B) where regional sediment management plans have been adopted; ``(C) with respect to which the need for prevention or mitigation of damage to shores, beaches, and other coastal infrastructure is attributable to Federal navigation projects or other Federal activities; or ``(D) that promote-- ``(i) human health and safety; and ``(ii) the quality of life for individuals and families. ``(b) Implementation.--The Secretary shall pay the Federal share of the cost of carrying out shore and beach protection projects and related research that encourages the protection, restoration, and enhancement of shores, sandy beaches, and other coastal infrastructure (including projects for beach restoration, periodic beach nourishment, and restoration or protection of State, county, or other shores, public coastal beaches, parks, conservation areas, or other environmental resources). ``(c) Federal Share.-- ``(1) In general.--Subject to paragraphs (2) through (4), the Federal share of the cost of a project described in subsection (b) shall be determined in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213). ``(2) Exception.--In the case of a project for beach erosion control the primary purpose of which is recreation, the Federal share shall be equal to the Federal share for a beach erosion control project the primary purpose of which is storm damage protection or environmental restoration. ``(3) Remainder.-- ``(A) In general.--Subject to subparagraph (B), the remainder of the cost of the construction of a project described in subsection (b) shall be paid by a State, municipality, other political subdivision, nonprofit entity, or private enterprise. ``(B) Exception.--The Federal Government shall bear all of the costs incurred for the restoration and protection of Federal property. ``(4) Greater federal share.--In the case of a project described in subsection (b) for the restoration and protection of a State, county, or other publicly-owned shore, coastal beach, park, conservation area, or other environmental resource, the Chief of Engineers may increase the Federal share to be greater than that provided in paragraph (1) if the area-- ``(A) includes-- ``(i) a zone that excludes permanent human habitation; or ``(ii) a recreational beach or other area determined by the Chief of Engineers; ``(B) satisfies adequate criteria for conservation and development of the natural resources of the environment; and ``(C) extends landward a sufficient distance to include, as approved by the Chief of Engineers-- ``(i) protective dunes, bluffs, or other natural features; ``(ii) such other appropriate measures adopted by the State or political subdivision of the State to protect uplands areas from damage, promote public recreation, or protect environmental resources; or ``(iii) appropriate facilities for public use. ``(5) Recommendations.-- ``(A) In general.--In recommending to Congress projects for Federal participation, the Secretary shall recommend projects for the restoration and protection of shores and beaches that promote equally all national economic development benefits and purposes, including recreation, hurricane and storm damage reduction, and environmental restoration. ``(B) Report.--The Secretary shall-- ``(i) identify projects that maximize net benefits for national purposes; and ``(ii) submit to Congress a report that describes the findings of the Secretary. ``(d) Periodic Beach Nourishment.--In this Act, when the most suitable and economical remedial measures, as determined by the Chief of Engineers, would be provided by periodic beach nourishment, the term `construction' shall include the deposit of sand fill at suitable intervals of time to furnish sand supply to protect shores and beaches for a period of time specified by the Chief of Engineers and authorized by Congress. ``(e) Private Shores and Beaches.-- ``(1) In general.--A shore or beach, other than a public shore or beach, shall be eligible for Federal assistance under this Act if-- ``(A) there is a benefit to a public shore or beach, including a benefit from public use or from the protection of nearby public property; or ``(B) the benefits to the shore or beach are incidental to the project. ``(2) Federal share.--The Secretary shall adjust the Federal share of a project for a shore or beach, other than a public shore or beach, to reflect the benefits described in paragraph (1). ``(f) Authorization of Projects.-- ``(1) In general.--Subject to paragraph (2), no Federal share shall be provided for a project under this Act unless-- ``(A) the plan for that project has been specifically adopted and authorized by Congress after investigation and study; or ``(B) in the case of a small project under sections 3 or 5, the plan for that project has been approved by the Chief of Engineers. ``(2) Studies.-- ``(A) In general.--The Secretary shall-- ``(i) recommend to Congress studies concerning shore and beach protection projects that meet the criteria established under this Act and other applicable law; ``(ii) conduct such studies as Congress requests; and ``(iii) report the results of all studies requested by Congress to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. ``(B) Recommendations for shore and beach protection projects.-- ``(i) In general.--The Secretary shall-- ``(I) recommend to Congress the authorization or reauthorization of all shore and beach protection projects the plans for which have been approved by the Chief of Engineers; and ``(II) report to Congress on the feasibility of other projects that have been studied under subparagraph (A) but have not been approved by the Chief of Engineers. ``(ii) Considerations.--In approving a project plan, the Chief of Engineers shall consider the economic and ecological benefits of the shore or beach protection project. ``(C) Coordination of projects.--In conducting studies and making recommendations for a shore or beach protection project under this paragraph, the Secretary shall-- ``(i) determine whether there is any other project being carried out by the Secretary or other Federal agency that may be complementary to the shore or beach protection project; and ``(ii) if there is such a complementary project, undertake efforts to coordinate the projects. ``(3) Shore and beach protection projects.-- ``(A) In general.--The Secretary shall construct any shore or beach protection project authorized by Congress, or separable element of such a project, for which Congress has appropriated funds. ``(B) Agreements.-- ``(i) Requirement.--After authorization by Congress, before the commencement of construction of a shore or beach protection project or separable element, the Secretary shall offer to enter into a written agreement for the authorized period of Federal participation in the project with a non-Federal interest with respect to the project or separable element. ``(ii) Terms.--The agreement shall-- ``(I) specify the authorized period of Federal participation in the project; and ``(II) ensure that the Federal Government and the non-Federal interest cooperate in carrying out the project or separable element. ``(g) Extension of the Period of Federal Participation.--At the request of a non-Federal interest, the Secretary, acting through the Chief of Engineers and with the approval of Congress, shall extend the period of Federal participation in a beach nourishment project that is economically feasible, engineeringly sound, and environmentally acceptable for such additional period as the Secretary determines appropriate. ``(h) Special Considerations.--In a case in which funds have been appropriated to the Corps of Engineers for a specific project but the funds cannot be expended because of the time limits of environmental permits or similar environmental considerations, the Secretary may carry over such funds for use in the next fiscal year if construction of the project, or a separable element of the project, will cause minimal environmental damage and will not violate an environmental permit.''.

Coastal Restoration Act of 2004 - Rewrites provisions regarding the Federal shore protection program to: (1) provide for the protection and restoration of beaches and other coastal infrastructure, as well as shore protection; and (2) include the purpose of promoting recreation. Includes among areas to be given preference areas: (1) where regional sediment management plans have been adopted; and (2) that promote human health and safety and the quality of life. Directs the Secretary of the Army to pay the Federal cost share of carrying out shore and beach protection projects and research that encourages the protection, restoration, and enhancement of shores, sandy beaches, and other coastal infrastructure. Sets forth revised provisions regarding the Federal cost share, which shall be equal for beach erosion control projects for purposes of recreation or for storm damage protection or environmental restoration. Directs the Secretary, at the request of a non-Federal interest and with congressional approval, to extend the period of Federal participation in certain beach nourishment projects.

A bill to improve the Federal shore protection program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping our Travelers Safe and Secure Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Administrator of the Transportation Security Administration has stated that the maintenance of security- related technology such as x-rays, explosive trace detection systems, explosive detection systems, liquid scanners, and enhanced walk-through metal detectors, is central to the execution of Transportation Security Administration's mission to protect United States transportation systems. (2) Preventive and corrective maintenance is essential to ensuring and extending the service lives of security-related technology. (3) In May 2015, the Inspector General of the Department of Homeland Security, reporting on the results of a performance audit conducted between December 2013 and November 2014, concluded that because the Transportation Security Administration did not properly manage the maintenance of its security-related technology deployed to airports, it cannot be assured that routine preventive maintenance is performed or that equipment is repaired and ready for operational use. (4) Specifically, the Inspector General found that the Transportation Security Administration did not issue adequate policies and procedures to document, track, and maintain preventive maintenance actions at the airport level and oversight of contractor-performed maintenance needed to be strengthened. (5) According to the Inspector General, if the equipment is not fully operational, the Transportation Security Administration may have to use other screening measures that may be less effective at detecting dangerous items, thereby potentially jeopardizing passenger safety and security. SEC. 3. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY. (a) In General.--Title XVI of the Homeland Security Act of 2002 (6 U.S.C. 561 et seq.) is amended by adding at the end the following: ``Subtitle C--Maintenance of Security-Related Technology ``SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT. ``(a) In General.--Not later than 180 days after the date of the enactment of this subtitle, the Administrator shall develop and implement a preventive maintenance validation process for security- related technology deployed to airports. ``(b) Maintenance by Administration Personnel at Airports.--For maintenance to be carried out by Administration personnel at airports, the process referred to in subsection (a) shall include the following: ``(1) Guidance to Administration personnel, equipment maintenance technicians, and other personnel at airports specifying how to conduct and document preventive maintenance actions. ``(2) Mechanisms for the Administrator to verify compliance with the guidance issued pursuant to paragraph (1). ``(c) Maintenance by Contractors at Airports.--For maintenance to be carried out by a contractor at airports, the process referred to in subsection (a) shall require the following: ``(1) Provision of monthly preventive maintenance schedules to appropriate Administration personnel at each airport that includes information on each action to be completed by a contractor. ``(2) Notification to appropriate Administration personnel at each airport when maintenance action is completed by a contractor. ``(3) A process for independent validation by a third party of contractor maintenance. ``(d) Penalties for Noncompliance.--The Administrator shall require maintenance contracts for security-related technology deployed to airports to include penalties for noncompliance when it is determined that either preventive or corrective maintenance has not been completed according to contractual requirements and manufacturers' specifications.''. (b) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 1616 the following: ``Subtitle C--Maintenance of Security-Related Technology ``Sec. 1621. Maintenance validation and oversight.''. SEC. 4. INSPECTOR GENERAL ASSESSMENT. Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall assess implementation of the requirements under this Act and the amendments made by this Act, and provide findings and recommendations with respect to the provision of training to Administration personnel, equipment maintenance technicians, and other personnel under section 1621 of the Homeland Security Act of 2002 (as added by section 3 of this Act) and the availability and utilization of equipment maintenance technicians employed by the Administration. Passed the House of Representatives July 27, 2015. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on July 22, 2015. Keeping our Travelers Safe and Secure Act (Sec. 3) This bill amends the Homeland Security Act of 2002 to direct the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) to develop and implement a preventive maintenance validation process for security-related technology deployed to airports. The maintenance contracts for security-related technology deployed to airports shall include penalties for noncompliance whenever preventive or corrective maintenance has not been completed according to contractual requirements and manufacturers' specifications. (Sec. 4) The DHS Inspector General shall assess implementation of the requirements of this Act, as well as the utilization of TSA equipment maintenance technicians, and make recommendations for training TSA personnel, equipment maintenance technicians, and other airport personnel.

Keeping our Travelers Safe and Secure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Traumatic Brain Injury Act of 2006''. SEC. 2. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Prevention of Traumatic Brain Injury.--Clause (ii) of section 393A(b)(3)(A) of the Public Health Service Act (42 U.S.C. 280b-1b) is amended by striking ``from hospitals and trauma centers'' and inserting ``from hospitals and emergency departments''. (b) National Program for Traumatic Brain Injury Surveillance and Registries.--Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended-- (1) by redesignating the first section 393B (relating to the use of allotments for rape prevention education) as section 392A and moving such section so that it follows section 392; and (2) by amending section 393B-- (A) in the section heading, by inserting ``surveillance and'' after ``national program for traumatic brain injury''; and (B) by striking ``(a) In General.--''; and (C) in the matter preceding paragraph (1), by striking ``may make grants'' and all that follows through ``to collect data concerning--'' and inserting ``may make grants to States or their designees to operate the State's traumatic brain injury surveillance system or registry to determine the incidence and prevalence of traumatic brain-related injury disability, to ensure the uniformity of reporting under such system or registry, to link individuals with traumatic brain injury to services and supports, and to link such individuals with academic institutions to conduct applied research that will support the development of such surveillance systems and registries as may be necessary. A surveillance system or registry under this section shall provide for the collection of data concerning--''. (c) Authorization of Appropriations.--Section 394A of the Public Health Service Act (42 U.S.C. 280b-3) is amended-- (1) by striking ``For the purpose'' and inserting ``(a) For the purpose''; (2) by striking ``and'' after ``for fiscal year 1994;''; (3) by striking ``and'' after ``through 1998,''; (4) by striking the second period at the end; and (5) by inserting ``, and such sums as may be necessary for each of fiscal years 2006 through 2010'' before the period at the end. SEC. 3. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH. Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) is amended-- (1) in subparagraph (D) of subsection (d)(4), by striking ``head brain injury'' and inserting ``brain injury''; and (2) in subsection (i), by inserting ``, and such sums as may be necessary for each of fiscal years 2006 through 2010'' before the period at the end. SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY. (a) Amendment.--Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393B the following: ``SEC. 393C. STUDY ON TRAUMATIC BRAIN INJURY. ``(a) Study.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention with respect to paragraph (1) and the Director of the National Institutes of Health with respect to paragraphs (2) and (3), shall conduct a study with respect to traumatic brain injury for the purpose of carrying out the following: ``(1) In collaboration with appropriate State and local health-related agencies-- ``(A) determining the incidence and prevalence of traumatic brain injury in all age groups in the general population of the United States, including institutional settings, such as nursing homes, correctional facilities, psychiatric hospitals, and residential institutes for people with developmental disabilities; ``(B) obtaining and maintaining data on the incidence and prevalence of mild traumatic brain injury and report to Congress; and ``(C) collecting, maintaining, and reporting national trends in traumatic brain injury. ``(2) Identifying common therapeutic interventions which are used for the rehabilitation of individuals with such injuries, and, subject to the availability of information, including an analysis of-- ``(A) the effectiveness of each such intervention in improving the functioning, including return to work or school and community participation, of individuals with brain injuries; ``(B) the comparative effectiveness of interventions employed in the course of rehabilitation of individuals with brain injuries to achieve the same or similar clinical outcome; and ``(C) the adequacy of existing measures of outcomes and knowledge of factors influencing differential outcomes. ``(3) Developing practice guidelines for the rehabilitation of traumatic brain injury at such time as appropriate scientific research becomes available. ``(b) Dates Certain for Reports.--Not later than 3 years after the date of the enactment of the Traumatic Brain Injury Act of 2006, the Secretary shall submit to the Congress a report describing findings made as a result of carrying out subsection (a). ``(c) Definition.--For purposes of this section, the term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2006 through 2010.''. (b) Conforming Amendment.--Public Law 104-166 (42 U.S.C. 300d-61 note) is amended by striking section 4. SEC. 5. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) State Grants for Projects Regarding Traumatic Brain Injury.-- Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is amended-- (1) in subsection (a)-- (A) by striking ``may make grants to States'' and inserting ``may make grants to States and American Indian consortia''; and (B) by striking ``health and other services'' and inserting ``rehabilitation and other services''; (2) in subsection (b)-- (A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and (3)(A)(iv), by striking the term ``State'' each place such term appears and inserting the term ``State or American Indian consortium''; and (B) in paragraph (2), by striking ``recommendations to the State'' and inserting ``recommendations to the State or American Indian consortium''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``$1 for each $2 of Federal funds'' and inserting ``$1 for each $5 of Federal funds''; and (B) by striking the term ``State'' each place such term appears and inserting ``State or American Indian consortium''; (4) in subsection (e), by striking ``A State that received'' and all that follows through the period and inserting ``A State or American Indian consortium that received a grant under this section prior to the date of the enactment of the Traumatic Brain Injury Act of 2006 may complete the activities funded by the grant.''; (5) in subsection (f)-- (A) in the subsection heading, by inserting ``and American Indian Consortium'' after ``State''; (B) in paragraph (1) in the matter preceding subparagraph (A), paragraph (1)(E), paragraph (2)(A), paragraph (2)(B), paragraph (3) in the matter preceding subparagraph (A), paragraph (3)(E), and paragraph (3)(F), by striking the term ``State'' each place such term appears and inserting ``State or American Indian consortium''; (C) in clause (ii) of paragraph (1)(A), by striking ``children and other individuals'' and inserting ``children, youth, and adults''; and (D) in subsection (h)-- (i) by striking ``Not later than 2 years after the date of the enactment of this section, the Secretary'' and inserting ``Not less than bi-annually, the Secretary''; and (ii) by inserting ``section 1253, and section 1254,'' after ``programs established under this section,''; (6) by amending subsection (i) to read as follows: ``(i) Definitions.--For purposes of this section: ``(1) The terms `American Indian consortium' and `State' have the meanings given to those terms in section 1253. ``(2) The term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to trauma. The Secretary may revise the definition of such term as the Secretary determines necessary, after consultation with States and other appropriate public or nonprofit private entities.''; and (7) in subsection (j), by inserting ``, and such sums as may be necessary for each of the fiscal years 2006 through 2010'' before the period. (b) State Grants for Protection and Advocacy Services.--Section 1253 of the Public Health Service Act (42 U.S.C. 300d-53) is amended-- (1) in subsections (d) and (e), by striking the term ``subsection (i)'' each place such term appears and inserting ``subsection (l)''; (2) in subsection (g), by inserting ``each fiscal year not later than October 1,'' before ``the Administrator shall pay''; (3) by redesignating subsections (i) and (j) as subsections (l) and (m), respectively; (4) by inserting after subsection (h) the following: ``(i) Data Collection.--The Administrator of the Health Resources and Services Administration and the Commissioner of the Administration on Developmental Disabilities shall enter into an agreement to coordinate the collection of data by the Administrator and the Commissioner regarding protection and advocacy services. ``(j) Training and Technical Assistance.-- ``(1) Grants.--For any fiscal year for which the amount appropriated to carry out this section is $6,000,000 or greater, the Administrator shall use 2 percent of such amount to make a grant to an eligible national association for providing for training and technical assistance to protection and advocacy systems. ``(2) Definition.--In this subsection, the term `eligible national association' means a national association with demonstrated experience in providing training and technical assistance to protection and advocacy systems. ``(k) System Authority.--In providing services under this section, a protection and advocacy system shall have the same authorities, including access to records, as such system would have for purposes of providing services under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.''; and (5) in subsection (l) (as redesignated by this subsection)-- (A) by striking ``and'' after ``fiscal year 2001,'' ; and (B) by inserting ``and such sums as may be necessary for each of the fiscal years 2006 through 2010''. (c) National Grants of Significance.--Part E of title XII of the Public Health Service Act (42 U.S.C.300d-52 et seq.) is amended by adding at end the following: ``SEC. 1254. NATIONAL GRANTS OF SIGNIFICANCE. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to, or enter into contracts or cooperative agreements with, nonprofit organizations, education institutions, States, and other such entities for projects of national significance that-- ``(1) support the development of national and State policies that reinforce and promote self-determination, independence, productivity, integration, and inclusion in all facets of community life for individuals with traumatic brain injury; ``(2) hold promise to improve or expand opportunities for such individuals, including projects or initiatives significant in scope that-- ``(A) improve access to services and systems of care and support that reflect best practices that can be demonstrated and replicated through technical assistance, training, and education; ``(B) assist States in developing service capacity such as community living options and housing; programs and services that address challenging behaviors of individuals with traumatic brain injury and individuals with dual diagnosis, such as substance abuse; case management; respite; information and referral; and family and community supports; ``(C) improve the capability of systems to monitor and evaluate quality of rehabilitation, long-term care, community services and supports; and ``(D) address emerging needs such as aging caregivers, aging individuals with traumatic brain injury, and servicemen, servicewomen and veterans with traumatic brain injury; v. address trends and issues in State service delivery through data collection and reporting of funding, policies, and services on a periodic basis. ``(b) Definitions.--For purposes of this section, the term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to trauma. The Secretary may revise the definition of such term as the Secretary determines necessary, after consultation with States and other appropriate public or nonprofit private entities. ``(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 2006 through 2010.''.

Traumatic Brain Injury Act of 2006 - Amends the Public Health Service Act to: (1) revise the national program for traumatic brain injury registries to include grants for a traumatic brain injury surveillance system; and (2) authorize appropriations through 2010 for the prevention and control of injuries. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC) and the Director of the National Institutes of Health (NIH), to conduct a study to: (1) determine the incidence and prevalence of traumatic brain injury; (2) maintain data on the incidence and prevalence of mild traumatic brain injury; (3) report national trends in traumatic brain injury; (4) identify common therapeutic interventions used for the rehabilitation of individuals with such injuries; and (5) develop practice guidelines for such rehabilitation. Allows the Secretary, acting through the Administrator of the Health Resources Services Administration (HRSA), to make grants to states and American Indian consortia to improve access to rehabilitation and other services regarding traumatic brain injury. Requires the Administration and the Commissioner of the Administration on Developmental Disabilities to coordinate the collection of data regarding protection and advocacy services. Directs the Administrator to make a grant for training and technical assistance to protection and advocacy systems, if funds permit. Allows the Secretary, acting through the Administrator, to provide for projects of national significance that: (1) support the development of policies that reinforce and promote self-determination, independence, productivity, integration, and inclusion in all facets of community life for individuals with traumatic brain injury; and (2) hold promise to improve or expand opportunities for such individuals.

To amend the Public Health Service Act to provide for the expansion and improvement of traumatic brain injury programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Captive Primate Safety Act''. SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED WILDLIFE SPECIES. Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 3371(g)) is amended by inserting before the period at the end ``or any nonhuman primate''. SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. (a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by inserting ``or'' after the semicolon; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by inserting ``or subsection (e)'' before the period; and (2) in subsection (e)-- (A) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6) respectively; (B) by striking ``(e)'' and all that follows through ``Subsection (a)(2)(C) does not apply'' in paragraph (1) and inserting the following: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any live animal of any prohibited wildlife species. ``(2) Limitation on application.--This subsection-- ``(A) does not apply to a person transporting a nonhuman primate to or from a veterinarian who is licensed to practice veterinary medicine within the United States, solely for the purpose of providing veterinary care to the nonhuman primate, if-- ``(i) the person transporting the nonhuman primate carries written documentation issued by the veterinarian, including the appointment date and location; ``(ii) the nonhuman primate is transported in a secure enclosure appropriate for that species of primate; ``(iii) the nonhuman primate has no contact with any other animals or members of the public, other than the veterinarian and other authorized medical personnel providing veterinary care; and ``(iv) such transportation and provision of veterinary care is in accordance with all otherwise applicable State and local laws, regulations, permits, and health certificates; ``(B) does not apply to a person transporting a nonhuman primate to a legally designated caregiver for the nonhuman primate as a result of the death of the preceding owner of the nonhuman primate, if-- ``(i) the person transporting the nonhuman primate is carrying legal documentation to support the need for transporting the nonhuman primate to the legally designated caregiver; ``(ii) the nonhuman primate is transported in a secure enclosure appropriate for the species; ``(iii) the nonhuman primate has no contact with any other animals or members of the public while being transported to the legally designated caregiver; and ``(iv) all applicable State and local restrictions on such transport, and all applicable State and local requirements for permits or health certificates, are complied with; and ``(C) does not apply''; (C) in paragraph (2) (as redesignated by subparagraph (A))-- (i) by striking ``a'' before ``prohibited'' and inserting ``any''; (ii) by striking ``(3)'' and inserting ``(4)''; and (iii) by striking ``(2)'' and inserting ``(3)''; (D) in paragraph (3) (as redesignated by subparagraph (A))-- (i) in subparagraph (C)-- (I) in clauses (ii) and (iii), by striking ``animals listed in section 2(g)'' each place it appears and inserting ``prohibited wildlife species''; and (II) in clause (iv), by striking ``animals'' and inserting ``prohibited wildlife species''; and (ii) in subparagraph (D), by striking ``animal'' each place it appears and inserting ``prohibited wildlife species''; (E) in paragraph (4) (as redesignated by subparagraph (A)), by striking ``(2)'' and inserting ``(3)''; (F) in paragraph (6) (as redesignated by subparagraph (A)), by striking ``subsection (a)(2)(C)'' and inserting ``this subsection''; and (G) by inserting after paragraph (6) (as redesignated by subparagraph (A)) the following: ``(7) Application.--This subsection shall apply beginning on the effective date of regulations promulgated under this subsection.''. (b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)) is amended-- (1) in paragraph (1), by inserting ``(e),'' after ``subsections (b), (d),'' ; and (2) in paragraph (1), by inserting ``, (e),'' after ``subsection (d)''. (c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in paragraphs (1)(A) and (1)(B) and in the first sentence of paragraph (2), by inserting ``(e),'' after ``subsections (b), (d),'' each place it appears; and (2) in paragraph (3), by inserting ``, (e),'' after ``subsection (d)''. SEC. 4. APPLICABILITY PROVISION AMENDMENT. Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108-191) is amended-- (1) in subsection (a), by striking ``(a) In General.-- Section 3'' and inserting ``Section 3''; and (2) by striking subsection (b). SEC. 5. REGULATIONS. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following new paragraph: ``(3) The Secretary shall, in consultation with other relevant Federal and State agencies, issue regulations to implement section 3(e).''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL LAW ENFORCEMENT PERSONNEL. In addition to such other amounts as are authorized to carry out the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), there is authorized to be appropriated to the Secretary of the Interior $5,000,000 for fiscal year 2009 to hire additional law enforcement personnel of the United States Fish and Wildlife Service to enforce that Act. Passed the House of Representatives June 17, 2008. Attest: LORRAINE C. MILLER, Clerk.

Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add nonhuman primates (i.e., monkeys, great apes, lemurs, etc.) to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce. Makes it unlawful for a person to sell or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Sets forth: (1) exceptions to such prohibition; and (2) civil and criminal penalties for violations of the requirements of this Act. Requires the Secretary of the Interior, in consultation with other relevant federal and state agencies, to issue regulations to implement the Captive Wildlife Safety Act. Authorizes additional appropriations to the Secretary for FY2009 to hire additional law enforcement personnel of the United States Fish and Wildlife Service to enforce the Lacey Act Amendments of 1981.

To amend the Lacey Act Amendments of 1981 to treat nonhuman primates as prohibited wildlife species under that Act, to make corrections in the provisions relating to captive wildlife offenses under that Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Charlotte Beach Land Claims Settlement Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Bay Mills Indian Community has a valid interest in certain lands in the Charlotte Beach area of Chippewa County, Michigan, that are located within the Community's traditional homelands; (2) The Sault Ste. Marie Tribe may have a valid interest in certain lands in the Charlotte Beach area of Chippewa County, Michigan, that are located within the Tribe's traditional homelands; (3) the Community filed a lawsuit against certain landowners to ascertain ownership of lands that were once owned and held in trust by the State of Michigan for the Community but which were sold by the State without the consent of the Tribes or the United States; (4) the landowners now hold clouded title to such lands and want to clear their title to the lands; (5) the Community has agreed to relinquish its interests in the Charlotte Beach Lands in return for its selection of Alternative Lands that will be taken into trust by the Secretary; (6) the Sault Ste. Marie Tribe has agreed not to assert its potential claim of interest in the Charlotte Beach Lands in return for its selection of Alternative Lands that will be taken into trust by the Secretary; (7) it is in the best interests of the Tribes and legally necessary for the landowners that the Congress provide for a land settlement agreement by passage of this Act; and (8) it is in the best interests of the Tribes that the described Alternative Lands be taken into trust as part of the settlement of the land claim. (b) Purposes.--The purposes of this Act are-- (1) to settle the land claims of the Tribes against the landowners; and (2) to direct the Secretary to take into trust for the benefit of the Tribes the Alternative Lands in settlement of the Tribes' land claims. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Alternative lands.--The term ``Alternative Lands'' means the following: (A) The lands chosen and acquired by the Community for transfer to the United States to be held in trust for the Community as part of the settlement of the claims of the Community to the Charlotte Beach Lands. These Alternative Lands, comprising 21.55 acres, more or less, are located in Vanderbilt, Michigan, and are more particularly described in the Community's March 1999 Trust and Reservation Acquisition Request submitted to the Minneapolis Office of the Bureau of Indian Affairs. (B) The lands chosen and acquired by the Sault Tribe for transfer to the United States in trust for the Sault Tribe as a part of the settlement of the potential claims of the Sault Tribe to the Charlotte Beach Lands. (2) Charlotte beach lands.--The term ``Charlotte Beach Lands'' means those lands in the Charlotte Beach area of Michigan and described as follows: Government Lots 1, 2, 3, and 4 of section 7, T45N, R2E, and Lot 1 of section 18, T45N, R2E, Chippewa County, State of Michigan. (3) Community.--The term ``Community'' means the Bay Mills Indian Community, a federally recognized Indian tribe. (4) Sault tribe.--The term ``Sault Tribe'' means the Sault Ste. Marie Tribe of Chippewa Indians, a federally recognized Indian tribe. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Tribes.--The term ``Tribes'' means the Community and the Sault Tribe. SEC. 4. ACCEPTANCE OF ALTERNATIVE LANDS. (a) By the Community.--Upon relinquishment by the Community of any and all claims to the Charlotte Beach Lands and dismissal with prejudice of Bay Mills Indian Community v. Western Life Assurance Company et al., Case No. 2:96-CV-275, United States District Court for the Western District of Michigan-Northern Division and Bay Mills Indian Community v. State of Michigan et al., Michigan Court of Claims, File No. 96-16482-CM-- (1) the Secretary shall take the Alternative Lands described in section 3(1)(A) into trust for the benefit of the Community as part of the settlement of the Community's claims to the Charlotte Beach Lands; and (2) the Alternative Lands described in section 3(1)(A) shall become part of the Community's reservation. (b) By the Sault Tribe.--The Secretary shall take the Alternative Lands described in section 3(1)(B) into trust for the benefit of the Sault Tribe as settlement of the Sault Tribe's claims to the Charlotte Beach Lands. Upon the taking of the Alternative Lands into trust, any and all potential claims of the Sault Tribe in and to the Charlotte Beach Lands shall be relinquished and extinguished thereby, and the lands taken into trust shall become part of the Sault Tribe's reservation. (c) Settlement of Land Claims.--The Alternative Lands are taken into trust as provided in this section as part of the settlement of land claims of the Tribes within the meaning of section 20(b)(1)(B)(i) of Public Law 100-497. SEC. 5. EXTINGUISHMENT OF TITLE AND CLAIMS. (a) Approval and Ratification of Prior Transfers.--Any transfer, before the date of the enactment of this Act, of land or natural resources located within the boundaries of the Charlotte Beach Lands from, by, or on behalf of any Indian, Indian nation, or tribe or band of Indians (including the 2 bands of the Sault Ste. Marie Ottawa and Chippewa Indians of Michigan of which O-shaw-wan-no and Sha-wan were chiefs) or any member thereof, shall be deemed to have been made in accordance with the Constitution and all laws of the United States, including without limitation, the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4; 1 Stat. 137), and Congress hereby does approve and ratify such transfers effective as of the date of such transfers. (b) Aboriginal Title Extinguished.-- (1) In general.--Except as provided by paragraph (2), any aboriginal title held by any Indian, Indian nation, or tribe or band of Indians (including the 2 bands of the Sault Ste. Marie Ottawa and Chippewa Indians of Michigan of which O-shaw-wan-no and Sha-wan were chiefs and their members) to any land or natural resources, the transfer of which was approved and ratified by subsection (a), shall be regarded as extinguished as of the date of such transfer. (2) The tribes.--To the extent that the Charlotte Beach Lands involve land or natural resources to which the Tribes had aboriginal title, relinquishment by the Tribes under section 4 shall be regarded as an extinguishment of such aboriginal title. (c) Extinguishment of Claims.-- (1) In general.--Except as provided by paragraph (2), any claim (including any claim for damages for trespass, use, or occupancy) by, or on behalf of, any member of any Indian, Indian nation, or tribe or band of Indians (including the 2 bands of the Sault Ste. Marie Ottawa and Chippewa Indians of Michigan of which O-shaw-wan-no and Sha-wan were chiefs) or any member thereof against the United States, any State or subdivision thereof or any other person which is based on-- (A) any interest in or right involving any land or natural resources of which was approved and ratified by subsection (a), or (B) any aboriginal title to land or natural resources the extinguishment of which was effected by subsection (b), shall be regarded as extinguished as of the date of any such transfer. (2) The tribes.--All claims of the Tribes against the United States, the State of Michigan, or any other person or entity based on claims to the Charlotte Beach Lands (including without limitation, claims for trespass damages, use, or occupancy) shall be deemed to have been extinguished as of the date of relinquishment by the Tribes under section 4.

Directs the Secretary to take certain other Michigan lands into trust for the benefit of the Sault Ste. Marie Tribe of Chippewa Indians of Michigan as settlement of that Tribe's claims to the Charlotte Beach Lands. Extinguishes all claims of the Community and Sault Ste. Marie Tribe for Charlotte Beach Lands upon the transfer of the Alternative Lands.

Charlotte Beach Land Claims Settlement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Navigation Technology and Research Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States should have as a goal the establishment of a vessel traffic control system that is as effective as the United States air traffic control system. (2) The technology exists to display, in real time electronic charts on board a vessel, the position of any vessel in the immediate area, based on global positioning system satellites. (3) The global positioning system has an accuracy of less than 100 meters and 3 to 10 meters in a differential mode which could be used to significantly improve the accuracy and reliability of vessel navigation in both harbors and in open water. (4) Laser navigation technology could be used to enhance harbor safety by improving the accuracy of early warnings to vessels of the clearances needed when approaching various fixed structures. (5) Existing vessel traffic control systems are often little more than informational services. (6) Improved vessel traffic control and collision avoidance systems are needed in United States harbors to improve the safety of vessel traffic and protect the marine environment. (7) Technology for real time tidal and current measurements, if combined with vessel traffic control systems, could improve navigation safety. SEC. 3. RULES REQUIRING STATE-OF-THE-ART VESSEL TRAFFIC CONTROL EQUIPMENT. (a) Issuance of Rules.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation shall issue rules which require vessels which operate in harbors in the United States to have operational state-of-the-art navigation, communication, and collision avoidance equipment that is compatible with Coast Guard vessel traffic systems. (b) Requirements for Certain Vessels.--Rules issued under this section shall require the use, by any vessel of a class to be determined by the Secretary and specified in the rules, of vessel traffic control and collision avoidance equipment that meets performance standards established in the rules for-- (1) determining vessel position with an accuracy that is at least 5 to 10 meters; (2) an onboard visual display, to be updated in real time, showing the location, speed, track, and projected course of both the parent vessel and other vessels within a radius of 40 kilometers; and (3) an onboard collision avoidance alarm system capable of-- (A) computing the potential for collision and alerting the pilot of impending collision; and (B) displaying the best alternatives for evasive action. (c) Requirements for Other Vessels.--Rules issued under this section shall require the use, by a vessel that is not included in the class specified pursuant to subsection (b), of a transponder capable of transmitting data regarding-- (1) the position, speed, and direction of the vessel; and (2) other pertinent information. (d) Upgrade of Coast Guard Systems.--The Secretary of Transportation shall upgrade all vessel traffic control systems as necessary to make them compatible with technologies required under rules issued under this section. SEC. 4. RESEARCH AND DEVELOPMENT. (a) In General.-- (1) Requirement.--The Secretary of Transportation shall conduct or provide for the conduct of research and development of technologies for vessel navigation. (2) Required research.--Research under this subsection shall include-- (A) programs in the maritime applications of the advanced global positioning satellite systems and equivalent or better technology, electronic charting and information display, computerized vessel tracking, vessel transponders, collision avoidance, and computerized alarm systems; and (B) a program to better understand the relationship between human factors and vessel accidents and between human factors and maritime safety, to develop a human factors analysis of the hazards associated with new technologies to be used in maritime traffic control. (b) Research Plan.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall submit to the Congress and begin implementing a national research plan for research in vessel navigation technology. (2) Contents.--The national research plan shall describe research and development which will be carried out by the Secretary over a 5-year period to ensure continued advancement in navigation technology that will provide the highest degree of safety. SEC. 5. RESEARCH ADVISORY COMMITTEE. (a) Establishment and Functions.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation shall establish and appoint the members of an advisory committee which shall be known as the ``Maritime Navigation Research Advisory Committee''. The advisory committee shall-- (1) provide advice and recommendations to the Secretary regarding needs, objectives, plans, approaches, content, and accomplishments with respect to the research plan under section 4(b) and the maritime research program carried out by the Department of Transportation; and (2) assist the Secretary in assuring that research under that program is coordinated with similar research being conducted by persons outside of the Department of Transportation. (b) Membership.--The advisory committee-- (1) shall consist of not more than 20 members appointed by the Secretary from among individuals who are not employees of the Department of Transportation and who are specially qualified to serve on the advisory committee by reason of their education, training, or experience; and (2) shall include representatives of schools, universities, public port authorities, corporations, associations, labor unions, consumers, and other Federal, State, and local government agencies.

Maritime Navigation Technology and Research Act of 1993 - Directs the Secretary of Transportation to issue regulations which require vessels operating in a U.S. harbor to use state-of-the-art navigation, communication, and collision avoidance equipment that is compatible with Coast Guard vessel traffic systems. Requires the Secretary to conduct research and development of vessel navigation technologies. Establishes the Maritime Navigation Research Advisory Committee to advise the Secretary on maritime research programs.

Maritime Navigation Technology and Research Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Children and Youth Act of 2014''. SEC. 2. AMENDMENTS TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT. The McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) is amended-- (1) in section 103-- (A) in subsection (a)-- (i) in paragraph (5)(A)-- (I) by striking ``are sharing'' and all that follows through ``charitable organizations,''; (II) by striking ``14 days'' each place that term appears and inserting ``30 days''; (III) in clause (i), by inserting ``or'' after the semicolon; (IV) by striking clause (ii); and (V) by redesignating clause (iii) as clause (ii); and (ii) by amending paragraph (6) to read as follows: ``(6) unaccompanied youth and homeless families with children and youth defined as homeless under other Federal statutes who-- ``(A) are certified as homeless by the director or designee of a director of a program funded under any other Federal statute; or ``(B) have been certified by a director or designee of a director of a program funded under this Act or a director or designee of a director of a public housing agency as lacking a fixed, regular, and adequate nighttime residence, which shall include-- ``(i) temporarily sharing the housing of another person due to loss of housing, economic hardship, or other similar reason; or ``(ii) living in a room in a motel or hotel.''; and (B) by adding at the end the following: ``(f) Other Definitions.--In this section-- ``(1) the term `other Federal statute' has the meaning given that term in section 401; and ``(2) the term `public housing agency' means an agency described in section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)).''; (2) in section 401-- (A) in paragraph (1)(C)-- (i) by striking clause (iv); and (ii) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi); (B) in paragraph (7)-- (i) by striking ``Federal statute other than this subtitle'' and inserting ``other Federal statute''; and (ii) by inserting ``of'' before ``this Act''; (C) by redesignating paragraphs (14) through (33) as paragraphs (15) through (34), respectively; and (D) by adding after paragraph (13) the following: ``(14) Other federal statute.--The term `other Federal statute' includes-- ``(A) the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); ``(B) the Head Start Act (42 U.S.C. 9831 et seq.); ``(C) subtitle N of the Violence Against Women Act of 1994 (42 U.S.C. 14043e et seq.); ``(D) section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)); ``(E) section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); ``(F) the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); and ``(G) subtitle B of title VII of this Act.''; (3) by inserting after section 408 the following: ``SEC. 409. AVAILABILITY OF HMIS REPORT. ``(a) In General.--The information provided to the Secretary under section 402(f)(3) shall be made publically available on the Internet website of the Department of Housing and Urban Development in aggregate, non-personally identifying reports. ``(b) Required Data.--Each report made publically available under subsection (a) shall be updated on at least an annual basis and shall include-- ``(1) a cumulative count of the number of individuals and families experiencing homelessness; ``(2) a cumulative assessment of the patterns of assistance provided under subtitles B and C for the each geographic area involved; and ``(3) a count of the number of individuals and families experiencing homelessness that are documented through the HMIS by each collaborative applicant.''; (4) in section 422-- (A) in subsection (a)-- (i) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (ii) by adding at the end the following: ``(2) Restriction.--In awarding grants under paragraph (1), the Secretary may not consider or prioritize the specific homeless populations intended to be served by the applicant if the applicant demonstrates that the project-- ``(A) would meet the priorities identified in the plan submitted under section 427(b)(1)(B); and ``(B) is cost-effective in meeting the overall goals and objectives identified in that plan.''; and (B) by striking subsection (j); (5) in section 424(d), by striking paragraph (5); (6) in section 427(b)-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) in clause (vi), by adding ``and'' at the end; (II) in clause (vii), by striking ``and'' at the end; and (III) by striking clause (viii); (ii) in subparagraph (B)-- (I) in clause (iii), by adding ``and'' at the end; (II) in clause (iv)(VI), by striking ``and'' at the end; and (III) by striking clause (v); (iii) in subparagraph (E), by adding ``and'' at the end; (iv) by striking subparagraph (F); and (v) by redesignating subparagraph (G) as subparagraph (F); and (B) by striking paragraph (3); and (7) by amending section 433 to read as follows: ``SEC. 433. REPORTS TO CONGRESS. ``(a) In General.--The Secretary shall submit to Congress an annual report, which shall-- ``(1) summarize the activities carried out under this subtitle and set forth the findings, conclusions, and recommendations of the Secretary as a result of the activities; and ``(2) include, for the year preceding the date on which the report is submitted-- ``(A) data required to be made publically available in the report under section 409; and ``(B) data on programs funded under any other Federal statute, as such term is defined in section 401. ``(b) Timing.--A report under subsection (a) shall be submitted not later than 4 months after the end of each fiscal year.''.

Homeless Children and Youth Act of 2014 - Amends the McKinney-Vento Homeless Assistance Act to redefine "homeless," "homeless individual," or "homeless person." Modifies requirements relating to an individual or family who will imminently lose their housing, including housing they own, rent, or live in without paying rent. Revises criteria for unaccompanied youth and homeless families with children and youth defined as homeless under other federal statutes to require that they: are certified as homeless by the director or designee of a program funded under any other federal statute; or have been certified by a director of a program funded under this Act or a director of a public housing agency (PHA) as lacking a fixed, regular, and adequate nighttime residence, which shall include: (1) temporarily sharing the housing of another person due to loss of housing, economic hardship, or other similar reason; or (2) living in a room in a motel or hotel. Requires the information provided to the Secretary of Housing and Urban Development (HUD) from a collaborative applicant about project sponsors in a community-wide homeless management information system (HMIS) to be made publicly available on HUD's website in aggregate, non-personally identifying reports, and updated at least annually. Prohibits the Secretary, in awarding grants for continuum of care programs, from considering or prioritizing the specific homeless populations intended to be served by the applicant if the applicant demonstrates that the project: (1) would meet the priorities identified in the applicant's plan, and (2) is cost-effective in meeting the overall goals and objectives identified in that plan. Repeals certain requirements regarding collaborative applicants. Modifies requirements for selection criteria for the award of grants through a national competition between geographic areas. Requires annual reports to Congress on housing assistance for the homeless to include data: (1) required to be made publicly available in the HMIS report, and (2) on programs funded under other specified federal statutes.

Homeless Children and Youth Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Applied Engineering and Technology Center Investment Act of 1998''. SEC. 2. FINDINGS. The Congress finds that-- (1) fully accredited bachelor's degree academic programs in plastics, electronic, mechanical, manufacturing, construction, wood, and automotive engineering technology, and in technology management, are a significant asset for the State and region in which they are located, and for the Nation; (2) graduates of academic programs described in paragraph (1) are experiencing a nearly 100 percent placement rate, entering the work force making significant contributions to the productivity, efficiency, and competitiveness of their particular companies; (3) the future preparation of America's workers, industrial managers, and technicians depends on the use of modern, state- of-the-art instructional equipment that is very expensive and has a rather short relevant life span; and (4) it is sound educational policy to invest Federal dollars in programs and projects that directly benefit and enhance the preparation of tomorrow's leaders in technology and related industries which make the United States more competitive in world markets. SEC. 3. GRANT AUTHORITY. The Director of the National Science Foundation (in this Act referred to as the ``Director'') may make grants to organizations that provide postsecondary education in applied engineering and technology for equipment and capital improvements needed to ensure that such education is provided using state-of-the-art instructional equipment and facilities. Amounts made available through such grants may be used in support of applied engineering and technology programs for any of the following purposes: (1) Purchase, rental, or lease of scientific or laboratory equipment, including computer hardware and software, for educational purposes, including instructional and research purposes. (2) Construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional facilities. (3) Acquisition of library books, periodicals, microfilm, data bases, software, and other educational materials. (4) Tutoring, counseling, and student service programs designed to improve academic success. (5) Funds and administrative management, and acquisition of equipment for use in strengthening funds management. (6) Joint use of facilities, such as laboratories and libraries. (7) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector. (8) Establishing community outreach programs which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary applied engineering and technology education. (9) Other activities proposed in the application submitted pursuant to section 4 that-- (A) contribute to carrying out the purposes of this Act; and (B) are approved by the Director as part of the review and acceptance of such application. SEC. 4. APPLICATIONS. (a) Contents.-- (1) In general.--No organization shall receive any grant under section 3 unless that organization submits an application to the Director at such time, in such manner, and containing or accompanied by such information, as the Director may reasonably require. Each such application shall-- (A) provide that the payments under this Act will be used for the purposes set forth in section 3; and (B) provide for making an annual report to the Director and for conducting, except as provided in paragraph (2), a financial and compliance audit of the organization, with regard to any funds obtained by it under this Act, at least once every 2 years and covering the period since the most recent audit, to be conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Director, the results of which shall be submitted to the Director. (2) Audit exception.--An organization which is audited under chapter 75 of title 31, United States Code, shall not be required to perform an audit under paragraph (1)(B) of this subsection for the period covered by such chapter 75 audit. (b) Approval.--The Director shall approve any application which meets the requirements of subsection (a) and shall not disapprove any application submitted under this Act, or any modification thereof, without first affording the applicant reasonable notice and opportunity for a hearing. (c) Goals for Financial Management and Academic Programs.--Any application for a grant under this Act shall describe measurable goals for the organization's financial management and applied engineering and technology academic programs and include a plan of how the applicant intends to achieve those goals.

Applied Engineering and Technology Center Investment Act of 1998 - Authorizes the Director of the National Science Foundation to make grants to organizations that provide postsecondary education in applied engineering and technology for equipment and capital improvements needed to ensure that such education is provided using state-of-the-art instructional equipment and facilities. Permits amounts made available through such grants to be used in support of applied engineering and technology programs for specified purposes, including: (1) the purchase, rental, or lease of scientific laboratory equipment, including computer hardware and software, for educational purposes, including instructional and research purposes; (2) construction, maintenance, and renovation in classroom, library, laboratory, and other instructional facilities; (3) acquisition of library books, periodicals, microfilm, databases, software, and other educational materials; (4) funds and administrative management, and acquisition of equipment for use in strengthening funds management; (5) joint use of facilities, such as laboratories and libraries; and (6) establishing community outreach programs which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary applied engineering and technology education. Prohibits an organization from receiving any grant unless that organization submits an application to the Director at such time, in such manner, and containing or accompanied by such information as the Director may require. States that each grant application shall: (1) provide that the payments will be used for the purposes set forth under this Act; and (2) provide for making an annual report to the Director and for conducting (subject to a stated exception), at least once every two years, a financial and compliance audit of the organization regarding any funds obtained by it under this Act which covers the period since the most recent audit. Requires the Director to: (1) approve any application which meets the above requirements; and (2) not disapprove any application submitted under this Act, or any modification thereof, without first affording the applicant reasonable notice and opportunity for a hearing. Requires any grant application to describe measurable goals for the organization's financial management and applied engineering and technology academic programs and include a plan of how the applicant intends to achieve those goals.

Applied Engineering and Technology Center Investment Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fire Administration Authorization Act of 1997''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 17(g)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216(g)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following new subparagraphs: ``(G) $29,600,000 for the fiscal year ending September 30, 1998; and ``(H) $30,500,000 for the fiscal year ending September 30, 1999.''. SEC. 3. SUCCESSOR FIRE SAFETY STANDARDS. The Federal Fire Prevention and Control Act of 1974 is amended-- (1) in section 29(a)(1), by inserting ``, or any successor standard thereto,'' after ``Association Standard 74''; (2) in section 29(a)(2), by inserting ``or any successor standards thereto,'' after ``whichever is appropriate,''; (3) in section 29(b)(2), by inserting ``, or any successor standards thereto'' after ``Association Standard 13 or 13-R''; (4) in section 31(c)(2)(B)(i), by inserting ``or any successor standard thereto,'' after ``Life Safety Code),''; and (5) in section 31(c)(2)(B)(ii), by inserting ``or any successor standard thereto,'' after ``Association Standard 101,''. SEC. 4. TERMINATION OR PRIVATIZATION OF FUNCTIONS. The Administrator of the United States Fire Administration shall transmit to Congress a report providing notice at least 60 days in advance of the termination or transfer to a private sector entity of any significant function of the United States Fire Administration. SEC. 5. LIMITATIONS. (a) Prohibition of Lobbying Activities.--None of the funds authorized by the amendments made by this Act shall be available for any activity whose purpose is to influence legislation pending before the Congress, except that this subsection shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. (b) Limitation on Appropriations.--No sums are authorized to be appropriated to the Administrator of the United States Fire Administration for fiscal years 1998 and 1999 for the activities for which sums are authorized by the amendments made by this Act, unless such sums are specifically authorized to be appropriated by the amendments made by this Act. (c) Eligibility for Awards.-- (1) In general.--The Administrator of the United States Fire Administration shall exclude from consideration for grant agreements made by the Administration after fiscal year 1997 any person who received funds, other than those described in paragraph (2), appropriated for a fiscal year after fiscal year 1997, under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit- based award process. Any exclusion from consideration pursuant to this subsection shall be effective for a period of 5 years after the person receives such Federal funds. (2) Exception.--Paragraph (1) shall not apply to the receipt of Federal funds by a person due to the membership of that person in a class specified by law for which assistance is awarded to members of the class according to a formula provided by law. (3) Definition.--For purposes of this subsection, the term ``grant agreement'' means a legal instrument whose principal purpose is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and does not include the acquisition (by purchase, lease, or barter) of property or services for the direct benefit or use of the United States Government. Such term does not include a cooperative agreement (as such term is used in section 6305 of title 31, United States Code) or a cooperative research and development agreement (as such term is defined in section 12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))). SEC. 6. NOTICE. (a) Notice of Reprogramming.--If any funds authorized by the amendments made by this Act are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (b) Notice of Reorganization.--The Administrator of the United States Fire Administration shall provide notice to the Committees on Science and Appropriations of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than 15 days before any major reorganization of any program, project, or activity of the United States Fire Administration. SEC. 7. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM. With the year 2000 fast approaching, it is the sense of Congress that the United States Fire Administration should-- (1) give high priority to correcting all 2-digit date- related problems in its computer systems to ensure that those systems continue to operate effectively in the year 2000 and beyond; (2) assess immediately the extent of the risk to the operations of the United States Fire Administration posed by the problems referred to in paragraph (1), and plan and budget for achieving Year 2000 compliance for all of its mission- critical systems; and (3) develop contingency plans for those systems that the United States Fire Administration is unable to correct in time. SEC. 8. BUY AMERICAN. (a) Compliance With Buy American Act.--No funds appropriated pursuant to the amendments made by this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act''). (b) Sense of Congress.--In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under the amendments made by this Act, it is the sense of Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (c) Notice to Recipients of Assistance.--In providing financial assistance under the amendments made by this Act, the Administrator of the United States Fire Administration shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. Passed the House of Representatives April 23, 1997. Attest: ROBIN H. CARLE, Clerk.

Fire Administration Authorization Act of 1997 - Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 1998 and 1999. Permits successor fire safety standards to be used as guidelines in addition to National Fire Protection Association (NFPA) Standard 74, NFPA Standard 13 or 13-R, or NFPA Standard 101 (Life Safety Code) for installation of hard-wired, single-station smoke detectors or automatic sprinkler systems in: (1) places of public accommodation affecting commerce; and (2) federally-assisted buildings. Requires the Administrator of the U.S. Fire Administration to report to the Congress at least 60 days in advance on the termination or transfer to a private sector entity of any significant function of the Administration. Prohibits funds authorized by this Act from being made available for any activity to influence legislation before the Congress, except that Federal officers or employees may communicate to Members of Congress on requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. Requires the Administrator to exclude from consideration for grant agreements made by the Administration after FY 1997 any person who received funds appropriated for a fiscal year after FY 1997 under a grant agreement from any Federal funding source for a project that was not subjected to a competitive merit-based award process. Limits such exclusion to a five-year period after the person receives such Federal funds. Makes an exception for persons who received Federal funds due to membership in a class the members of which are awarded assistance according to a formula provided by law. Requires: (1) the House Committee on Science and the Senate Committee on Commerce, Science, and Transportation to be notified if funds authorized by this Act are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees; and (2) the Administrator to notify all such committees not later than 15 days before any major reorganization of any Administration program, project, or activity. Urges the Administration to give high priority to correcting, assess the risk to operations posed by, plan and budget for, and develop contingency plans for date-related year 2000 problems in its computer systems. Prohibits funds appropriated under this Act from being expended by an entity unless such entity complies with the Buy American Act. Expresses the sense of the Congress that entities receiving financial assistance under this Act should, in expending such assistance, purchase only American-made equipment and products. Requires the Administrator, in providing such assistance, to so notify each recipient.

Fire Administration Authorization Act of 1997

SECTION 1. MOVING TOWARD TRANSPORTATION ACCOUNTABILITY. Chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5341. Transportation accountability ``(a) Definitions.--In this section: ``(1) Metropolitan planning organization.--The term `metropolitan planning organization' means an organization designated as a metropolitan planning organization under section 5303(d) of this title or section 134(d) of title 23. ``(2) Pilot program.--The term `pilot program' means the pilot program established under this section. ``(3) Program participant.--The term `program participant' means a State or metropolitan planning organization selected by the Secretary to participate in the pilot program. ``(4) National transportation goals.--The term `national transportation goals' includes-- ``(A) improving the connection of individuals and goods throughout the United States; ``(B) providing improved and efficient access to jobs and services throughout metropolitan areas; ``(C) promoting economic growth and enhanced commercial productivity; ``(D) integrating energy security and environmental protection objectives with transportation policy; and ``(E) improving safety by reducing fatalities and injuries. ``(5) Transportation investment.--The term `transportation investment' means Federal funding for a project included in a transportation program. ``(6) Transportation program.--The term `transportation program' means a plan or strategy prepared by a metropolitan planning organization or a State for transportation systems and facilities in the metropolitan planning area or the State, including a transportation plan, transportation improvement program, statewide transportation plan, or statewide transportation improvement program developed under section 5303 or 5304 of this title or section 134 or 135 of title 23. ``(b) Establishment of Pilot Program.-- ``(1) In general.--The Secretary shall establish a pilot program under which the Secretary shall conduct case studies of States and metropolitan planning organizations that are designed to-- ``(A) provide more detailed, in-depth analysis and data collection with respect to transportation programs; and ``(B) apply rigorous methods of measuring and addressing the effectiveness of program participants in achieving national transportation goals. ``(2) Preliminary requirements.-- ``(A) Solicitation.--The Secretary shall solicit applications to participate in the pilot program from States and metropolitan planning organizations. ``(B) Notification.--A State or metropolitan planning organization that desires to participate in the pilot program shall notify the Secretary of such desire before a date determined by the Secretary. ``(C) Selection.-- ``(i) Number of program participants.--The Secretary shall select to participate in the pilot program-- ``(I) not fewer than 3, and not more than 5, States; and ``(II) not fewer than 3, and not more than 5, metropolitan planning organizations. ``(ii) Timing.--The Secretary shall select program participants not later than 3 months after the date of enactment of this section. ``(iii) Diversity of program participants.--The Secretary shall, to the extent practicable, select program participants that represent a broad range of geographic and demographic areas (including rural and urban areas) and types of transportation programs. ``(c) Case Studies.-- ``(1) Baseline report.--Not later than 6 months after the date of enactment of this section, each program participant shall submit to the Secretary a baseline report that-- ``(A) describes the reporting and data collection processes of the program participant for transportation investments that are in effect on the date of the report; ``(B) assesses how effective the program participant is in achieving national transportation goals; ``(C) describes potential improvements to the methods and metrics used to measure the effectiveness of the program participant in achieving national transportation goals and the hindrances to implementing such improvements; and ``(D) includes an assessment of whether, and specific reasons why, the preparation and submission of the baseline report may be limited, incomplete, or unduly burdensome, including any recommendations for facilitating the preparation and submission of similar reports in the future. ``(2) Evaluation.--Each program participant shall work cooperatively with the Secretary to evaluate the methods and metrics used to measure the effectiveness of the program participant in achieving national transportation goals, including by-- ``(A) considering the degree to which such methods and metrics take into account-- ``(i) the factors that influence the effectiveness of the program participant in achieving national transportation goals; ``(ii) all modes of transportation; and ``(iii) the transportation program as a whole, rather than individual projects within the transportation program; and ``(B) identifying steps that could be used to implement the potential improvements identified under paragraph (1)(C). ``(3) Final report.--Not later than 18 months after the date of enactment of this section, each program participant shall submit to the Secretary a comprehensive final report that-- ``(A) contains an updated assessment of the effectiveness of the program participant in achieving national transportation goals; and ``(B) describes the ways in which the performance of the program participant in collecting and reporting data and carrying out the transportation program of the program participant has improved or otherwise changed since the date of submission of the baseline report under subparagraph (A). ``(4) Training, technical support, guidance.-- ``(A) In general.--The Secretary, in consultation with the Deputy Director for Management of the Office of Management and Budget, shall-- ``(i) provide training, technical support, and methodological guidance to program participants in-- ``(I) improving data collection processes; and ``(II) preparing the reports, and making the evaluation required under this subsection; ``(ii) facilitate coordination, collaboration, and information sharing between program participants; and ``(iii) provide direction with respect to the nature of reports submitted by program participants, including collaborating with program participants to prepare the final report required under paragraph (3). ``(B) Financial assistance.--The Secretary may provide financial assistance to a program participant, as the Secretary determines is necessary to assist the program participant in carrying out the activities required under this subsection. ``(5) Coordination between states and metropolitan planning organizations.--To the extent practicable, a program participant shall coordinate the activities required under this subsection-- ``(A) with the department of transportation (or equivalent agency) of the State, if the program participant is a metropolitan planning organization; or ``(B) with the metropolitan planning organizations in the State, if the program participant is a State. ``(d) Federal Plan for Measuring the Effectiveness of Transportation Programs in Achieving National Transportation Goals.-- ``(1) In general.--Not later than 21 months after the date of enactment of this Act, and after an analysis of the case studies under subsection (c), the Secretary shall develop and implement a plan for the Department of Transportation to use outcome-oriented performance measures to evaluate the effectiveness of transportation programs in achieving national transportation goals. ``(2) Contents of plan.--The plan developed under paragraph (1) shall include-- ``(A) an efficient method for reporting the effectiveness of transportation programs in achieving national transportation goals that is based on requirements applicable to States and metropolitan planning organizations under sections 5303 and 5304 of this title and sections 134 and 135 of title 23; ``(B) effective measures of the outcome or performance of transportation programs-- ``(i) across all modes of transportation; and ``(ii) with respect to the transportation program as a whole, rather than individual projects within the transportation program; and ``(C) a strategy to ensure that the Secretary continuously refines and standardizes data elements, models, and other estimating methods to steadily improve public and political confidence in the use of the outcome-oriented performance measures established under paragraph (1) as a basis for making transportation investments. ``(3) Availability of plan.--The Secretary shall make the plan developed under paragraph (1) available to the public on the website of the Department of Transportation. ``(e) Comprehensive Report to Congress.--Not later than 21 months after the date of enactment of this section, the Secretary shall submit to Congress a comprehensive report on the pilot program that includes-- ``(1) a summary of the results of the case studies under subsection (c); ``(2) the plan developed under subsection (d); ``(3) a summary of lessons learned with respect to challenges encountered by each program participant; and ``(4) recommendations, if any, for legislation to improve-- ``(A) the guidance provided to States and metropolitan planning organizations for generating and collecting sound, outcome-based data; and ``(B) data-based performance measurement, analysis, and accountability for transportation programs. ``(f) Authorization of Appropriations.--There is authorized to be appropriated from the Highway Trust Fund to carry out this section, $15,000,000 for the 2-year period beginning on the date of enactment of this section.''. SEC. 2. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Directs the Secretary of Transportation (DOT) to establish a pilot program under which the Secretary conducts case studies of states and metropolitan planning organizations that are designed to: (1) provide more detailed, in-depth analysis and data collection regarding transportation programs; and (2) apply rigorous methods of measuring and addressing the effectiveness of pilot program participants in achieving national transportation goals. Requires states and metropolitan planning organizations participating in the program to work cooperatively with the Secretary to: (1) evaluate the methods and metrics they use in measuring their effectiveness in achieving national transportation goals, and (2) identify steps to improve those methods and metrics. Authorizes the Secretary to provide financial assistance to program participants to assist them in these efforts. Directs the Secretary, within 21 months of this Act's enactment, to analyze the pilot program case studies and develop and implement a plan for the DOT to use outcome-oriented performance measures to evaluate the effectiveness of transportation programs in achieving national transportation goals.

A bill to require the Secretary of Transportation to establish a pilot program to increase accountability with respect to outcomes of transportation investments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Federal Funding to Benefit Sanctuary Cities Act''. SEC. 2. PROTECTING LOCAL AND FEDERAL LAW ENFORCEMENT OFFICERS WHO COOPERATE TO SAFEGUARD COMMUNITIES. (a) In General.--A State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision that takes action to comply with a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)-- (1) shall be deemed to be acting as an agent of the Department of Homeland Security; and (2) with regard to such actions, shall have all authority available to officers and employees of the Department of Homeland Security. (b) Legal Proceedings.--In any legal proceeding brought against a State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision, which challenges the legality of the seizure or detention of an individual pursuant to a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)-- (1) no liability shall lie against the State or political subdivision of a State for actions taken in compliance with the detainer; and (2) if the actions of the officer, employee, or agent of the State or political subdivision were taken in compliance with the detainer-- (A) the officer, employee, or agent shall be deemed-- (i) to be an employee of the Federal Government and an investigative or law enforcement officer; and (ii) to have been acting within the scope of his or her employment under section 1346(b) and chapter 171 of title 28, United States Code; (B) section 1346(b) of title 28, United States Code, shall provide the exclusive remedy for the plaintiff; and (C) the United States shall be substituted as defendant in the proceeding. (c) Rule of Construction.--Nothing in this section may be construed to provide immunity to any person who knowingly violates the civil or constitutional rights of an individual. SEC. 3. SANCTUARY JURISDICTIONS INELIGIBLE FOR FEDERAL FUNDS. (a) In General.--Beginning with fiscal year 2019, a sanctuary jurisdiction is ineligible to receive Federal financial assistance (as defined in section 7501 of title 31, United States Code). (b) Sanctuary Jurisdiction Defined.--For purposes of this section, the term ``sanctuary jurisdiction'' means any State or political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from-- (1) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or (2) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the release of, an individual. (c) Returned Amounts.-- (1) State.--If a State is a sanctuary jurisdiction during a period in fiscal year 2019 or thereafter for which it receives Federal financial assistance (as defined in section 7501 of title 31, United States Code) from an Executive agency (as defined in section 105 of title 5, United States Code), the head of such agency-- (A) shall direct the State immediately to return any such amounts that the State received for that period; and (B) shall reallocate amounts returned under subparagraph (A) to other States that are not sanctuary jurisdictions. (2) Unit of general local government.--If a unit of general local government is a sanctuary jurisdiction during a period in fiscal year 2019 or thereafter for which it receives Federal financial assistance (as defined in section 7501 of title 31, United States Code) from an Executive agency (as defined in section 105 of title 5, United States Code), any such amounts that the unit of general local government received for that period-- (A) in the case of a unit of general local government that is not in a nonentitlement area, shall be returned the head of such agency for reallocation to States and other units of general local government that are not sanctuary jurisdictions; and (B) in the case of a unit of general local government that is in a nonentitlement area, shall be returned to the Governor of the State for reallocation to other units of general local government in the State that are not sanctuary jurisdictions.

No Federal Funding to Benefit Sanctuary Cities Act This bill prohibits a sanctuary jurisdiction from receiving federal financial assistance. A sanctuary jurisdiction is a state or political subdivision that has a statute, policy, or practice in effect that prohibits or restricts: (1) information sharing about an individual's immigration status, or (2) compliance with a lawfully issued detainer request or notification of release request. A state or political subdivision that complies with a detainer is deemed to be an agent of the Department of Homeland Security and is authorized to take actions to comply with the detainer. The bill limits the liability of a state or political subdivision, or an officer or employee of such state or political subdivision, for actions in compliance with the detainer.

No Federal Funding to Benefit Sanctuary Cities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bitterroot National Forest Dam and Reservoir Maintenance Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the wilderness dams in the Bitterroot National Forest in the State of Montana provide numerous benefits to the people living in the Bitterroot Valley; and (2) those benefits include-- (A) groundwater recharge; (B) maintenance of open space by permitting sustainable family ranches and farms, rather than subdividing ranches and farms; (C) increased late summer streamflows that support riparian and fishery habitat needs; and (D) flood control. (b) Purposes.--The purposes of this Act are-- (1) to grant rights-of-way to owners of dams located in the Bitterroot National Forest in the State of Montana; and (2) to continue to provide the benefits described in subsection (a). SEC. 3. DEFINITIONS. In this Act: (1) Dam.--The term ``dam'' means a dam, including any reservoirs and appurtenances to the dam, that is located in the Forest as of the date of enactment of this Act. (2) Forest.--The term ``Forest'' means the Bitterroot National Forest in the State. (3) Owner.--The term ``owner'' means-- (A) the owner of a dam; (B) the owner of a water storage right for a dam; or (C) the owner of rights-of-way under this Act or other Federal law. (4) Secretaries.--The term ``Secretaries'' means the Secretary of Agriculture and the Secretary of Interior. (5) State.--The term ``State'' means the State of Montana. (6) Trail.--The term ``trail'' means a trail, access route, or primitive road in the Forest in existence on the date of enactment of this Act. SEC. 4. RIGHTS-OF-WAY. (a) In General.--Notwithstanding the Wilderness Act (16 U.S.C. 1131 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), or any other provision of law, the Secretaries shall, on the date of enactment of this Act, grant to the owners, for no consideration, rights-of-way-- (1) to the trails, for purposes of providing access to any dams owned by the owner; and (2) to areas of the Forest adjacent to any dams owned by the owner, for purposes of the construction, reconstruction, maintenance, repair, and operation of the dam. (b) Boundaries.-- (1) In general.--As soon as practicable after the date of enactment this Act, the owners shall, subject to paragraphs (2) and (3), prepare a map establishing the boundaries of the rights-of-way granted under subsection (a). (2) Trails.--A right-of-way granted under subsection (a)(1) shall extend at least 8 feet but not more than 60 feet in width from the center of the trail. (3) Adjacent areas.--A right-of-way granted under subsection (a)(2)-- (A) shall be to areas of the Forest that are located not less than 50 feet nor more than 500 feet and further than 500 feet from the highwater mark and downstream dam toe to include additional area determined as necessary by the owner; and (B) shall include the least amount of land that is necessary, as determined by the State and owner, for the owner to construct, reconstruct, maintain, repair, and operate the dam, including borrow material, camp sites, pasture for pack and work animals, and tool and equipment storage sites. (c) Construction, Maintenance, and Repair.--An owner granted a right-of-way under subsection (a)(1) may construct, maintain, and repair the right-of-way. (d) Authorized Uses.-- (1) Motor vehicles.--Notwithstanding section 4(c) of the Wilderness Act (16 U.S.C. 1113), an owner may use motor vehicles, motorized and mechanized equipment, and other forms of mechanized transport-- (A) on the rights-of-way granted under subsection (a); and (B) at the owner's dam. (2) Aircraft.--An owner may operate aircraft in the airspace over the Forest to access the dam and may land the aircraft on the rights-of-way. (e) Applicable Law.--Any activities that are carried out by an owner in a right-of-way granted under subsection (a) or for the purposes referred to in subsection (a)(2)-- (1) shall be regulated by the State, in accordance with State law; and (2) shall not be subject to-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); (B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (C) the National Dam Safety Program Act (33 U.S.C. 467 et seq.); (D) any other Federal law establishing engineering and construction standards for dams; or (E) any other provision of Federal law to protect fish and wildlife or maintain water quality standards. (f) Limitation on Liability.--An owner of a dam shall not be liable for any claim or damage that may arise from the conduct of activities to construct, maintain, repair, and operate the dam, except any claim or damage that arises from the negligence of the owner. (g) Subsequent Conveyance.--The rights-of-way granted under subsection (a) may be subsequently conveyed by the owner without the consent of the Secretaries. (h) Termination.--A right-of-way granted to an owner under subsection (a) shall terminate if the State determines, after notice to the owner and a hearing, that the owner has not accessed or conducted activities at the dam for 10 consecutive years. (i) Effect.-- (1) Water rights.--Nothing in this Act affects or in any way interferes with laws of the State relating to the control, appropriation, use, or distribution of water used in irrigation or other beneficial purposes, or any vested right acquired under State law, and the Secretaries shall proceed in conformity with such laws in all land and water management activities under all authorities. (2) Existing rights-of-way.--The rights-of-way granted under this Act shall be in addition to any rights-of-way granted to an owner under section 18 of the Act of March 3, 1891 (43 U.S.C. 946), sections 2339 and 2340 of the Revised Statutes (43 U.S.C. 661), or any other provision of law. (3) Compensable claims.--Any land and water management activities taken by the Secretaries which interfere with the access to or exercise of water rights or rights-of-way of the owner shall create in the owner a valid and compensable takings claim.

Bitterroot National Forest Dam and Reservoir Maintenance Act - Directs the Secretaries of Agriculture and the Interior to grant to the owner of a dam, a water storage right for a dam, or a right-of-way, for no consideration, rights-of-way to: (1) the trails, access routes, or primitive roads in the Bitterroot National Forest, Montana, for purposes of providing access to such dam; and (2) areas of that Forest adjacent to such dam for purposes of dam construction, reconstruction, maintenance, repair, and operation. Requires such owners to prepare a map establishing the boundaries of the rights-of-way granted, which shall extend at least eight feet but not more than 60 feet in width from the center of the trail. Authorizes an owner to: (1) use mechanized transport on the rights-of-way and at the owner's dam; and (2) operate aircraft in the airspace over the Forest to access the dam; and (3) land the aircraft on the rights-of-way. Provides that any activities carried out by an owner in a right-of-way granted under this Act shall be regulated by the state and shall not be subject to specified federal law, including the Wilderness Act and the National Environmental Policy Act of 1969.

A bill to grant rights-of-way to owners of dams located in the Bitterroot National Forest in the State of Montana, and for other purposes.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Congress has responsibility under the Constitution for international commerce. (2) Congressional oversight of trade policy has often been hampered by a lack of resources. (3) The United States has entered into numerous trade agreements with foreign trading partners, including bilateral, regional, and multilateral agreements. (4) The purposes of the trade agreements are-- (A) to achieve a more open world trading system which provides mutually advantageous market opportunities for trade between the United States and foreign countries; (B) to facilitate the opening of foreign country markets to exports of the United States and other countries by eliminating trade barriers and increasing the access of United States industry and the industry of other countries to such markets; and (C) to reduce diversion of third country exports to the United States because of restricted market access in foreign countries. (5) Foreign country performance under certain agreements has been less than contemplated, and in some cases rises to the level of noncompliance. (6) The credibility of, and support for, the United States Government's trade policy is, to a significant extent, a function of the belief that trade agreements made are trade agreements enforced. SEC. 2. ESTABLISHMENT OF OFFICE. (a) In General.--There is established an office in Congress to be known as the Congressional Trade Office (in this Act referred to as the ``Office''). (b) Purposes.--The purposes of the Office are as follows: (1) To reassert the constitutional responsibility of Congress with respect to international trade. (2) To provide Congress, through the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with additional independent, nonpartisan, neutral trade expertise. (3) To assist Congress in providing more effective and active oversight of trade policy. (4) To assist Congress in providing to the executive branch more effective direction on trade policy. (5) To provide Congress with long-term, institutional memory on trade issues. (6) To provide Congress with more analytical capability on trade issues. (7) To advise relevant committees on the impact of trade negotiations, including past, ongoing, and future negotiations, with respect to the areas of jurisdiction of the respective committees. (c) Director and Staff.-- (1) Director.-- (A) In general.--The Office shall be headed by a Director. The Director shall be appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate after considering the recommendations of the Chairman and Ranking Member of the Committee on Finance of the Senate and the Chairman and Ranking Member of the Committee on Ways and Means of the House of Representative. The Director shall be chosen without regard to political affiliation and solely on the basis of the Director's expertise and fitness to perform the duties of the Director. (B) Term.--The term of office of the Director shall be 5 years and the Director may be reappointed for subsequent terms. (C) Vacancy.--Any individual appointed to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. (D) Removal.--The Director may be removed by either House by resolution. (E) Compensation.--The Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as in effect from time to time, for level III of the Executive Schedule in section 5314 of title 5, United States Code. (2) Staff.-- (A) In general.--The Director shall appoint and fix the compensation of such personnel as may be necessary to carry out the duties and functions of the Office. All personnel shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties. The personnel of the Office shall consist of individuals with expertise in international trade, including expertise in economics, trade law, various industrial sectors, and various geographical regions. (B) Benefits.--For purposes of pay (other than the pay of the Director) and employment, benefits, rights and privilege, all personnel of the Office shall be treated as if they were employees of the House of Representatives. (3) Experts and consultants.--In carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed 1 year) or intermittent services of experts or consultants or organizations thereof by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of the daily equivalent of the highest rate of basic pay payable under the General Schedule of section 5332 of title 5. (4) Relationship to executive branch.--The Director is authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government and the regulatory agencies and commissions of the Government. All such departments, agencies, establishments, and regulatory agencies and commissions shall furnish the Director any available material which he determines to be necessary in the performance of his duties and functions (other than material the disclosure of which would be a violation of law). The Director is also authorized, upon agreement with the head of any such department, agency, establishment, or regulatory agency or commission, to utilize its services and facilities with or without reimbursement; and the head of each such department, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services and facilities. (5) Relationship to other agencies of congress.--In carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services, and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the Director is authorized to obtain information, data, estimates, and statistics developed by the General Accounting Office, the Library of Congress, and other offices of Congress, and (upon agreement with them) to utilize their services and facilities with or without reimbursement. The Comptroller General, the Librarian of Congress, and the head of other offices of Congress are authorized to provide the Office with the information, data estimates, and statistics, and the services and facilities referred to in the preceding sentence. (d) Functions.--The functions of the Office are as follows: (1) Assistance to congress.--Provide the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representative and any other appropriate committee of Congress or joint committee of Congress information which will assist the committees in the discharge of the matters within their jurisdiction. (2) Monitor compliance.--Monitor compliance with major bilateral, regional, and multilateral trade agreements by-- (A) consulting with the affected industries and interested parties; (B) analyzing the success of agreements based on commercial results; (C) recommending actions, including legislative action, necessary to ensure that foreign countries that have made commitments through agreements with the United States fully abide by those commitments; (D) annually assessing the extent to which current agreements comply with environmental goals; and (E) annually assessing the extent to which current agreements comply with labor goals. (3) Analysis.--Perform the following analyses: (A) Not later than 60 days after the date the National Trade Estimates report is delivered to Congress each year, analyze the major outstanding trade barriers based on cost to the United States economy. (B) Not later than 60 days after the date the Trade Policy Agenda is delivered to Congress each year, analyze the Administration's Agenda, including alternative goals, strategies, and tactics, as appropriate. (C) Analyze proposed trade legislation. (D) Analyze proposed trade agreements, including agreements that do not require implementing legislation. (E) Analyze the impact of the Administration's trade policy and actions, including assessing the Administration's decisions for not accepting unfair trade practices cases. (F) Analyze the trade accounts quarterly, including the global current account, global trade account, and key bilateral trade accounts. (4) Dispute settlement deliberations.--Perform the following functions with respect to dispute resolution: (A) Participate as observers on the United States delegation at dispute settlement panel meetings of the World Trade Organization. (B) Evaluate each World Trade Organization decision where the United States is a participant. In any case in which the United States does not prevail, evaluate the decision and in any case in which the United States does prevail, measure the commercial results of that decision. (C) Evaluate each dispute resolution proceeding under the North American Free Trade Agreement. In any case in which the United States does not prevail, evaluate the decision and in any case in which the United States does prevail, measure the commercial results of that decision. (D) Participate as observers in other dispute settlement proceedings that the Chairman and Ranking Member of the Committee on Finance and the Chairman and Ranking Member of the Committee on Ways and Means deem appropriate. (5) Other functions of director.--The Director and staff of the Office shall perform the following additional functions: (A) Provide the Committee on Finance and the Committee on Ways and Means with quarterly reports regarding the activities of the Office. (B) Be available for consultation with congressional committees on trade-related legislation. (C) Receive and review classified information and participate in classified briefings in the same manner as the staff of the Committee on Finance and the Committee on Ways and Means. (D) Consult nongovernmental experts and utilize nongovernmental resources. (E) Perform such other functions as the Chairman and Ranking Member of the Committee on Finance and the Chairman and Ranking Member of the Committee on Ways and Means may request. SEC. 3. PUBLIC ACCESS TO DATA. (a) Right To Copy.--Except as provided in subsections (b) and (c), the Director shall make all information, data, estimates, and statistics obtained under this Act available for public copying during normal business hours, subject to reasonable rules and regulations, and shall to the extent practicable, at the request of any person, furnish a copy of any such information, data, estimates, or statistics upon payment by such person of the cost of making and furnishing such copy. (b) Exceptions.--Subsection (a) of this section shall not apply to information, data, estimates, and statistics-- (1) which are specifically exempted from disclosure by law; or (2) which the Director determines will disclose-- (A) matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States; (B) information relating to trade secrets or financial or commercial information pertaining specifically to a given person if the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific financial or other benefit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person; or (C) personnel or medical data or similar data the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; unless the portions containing such matters, information, or data have been excised. (c) Information Obtained for Committees and Members.--Subsection (a) of this section shall apply to any information, data, estimates, and statistics obtained at the request of any committee, joint committee, or Member unless such committee, joint committee, or Member has instructed the Director not to make such information, data, estimates, or statistics available for public copying. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Until sums are first appropriated pursuant to the preceding sentence, for a period not to exceed 12 months following the effective date of this subsection, the expenses of the Office shall be paid from the contingent fund of the Senate, in accordance with the provisions of the paragraph relating to contingent funds under the heading ``UNDER LEGISLATIVE'' in the Act of October 2, 1888 (25 Stat. 546; 2 U.S.C. 68), and upon vouchers approved by the Director.

Authorizes the Director of the Office, in carrying out his or her duties, to obtain information from, and use the services of, the General Accounting Office, the Library of Congress, and other congressional offices. Authorizes appropriations.

A bill to establish a Congressional Trade Office.

SECTION 1. SHORT TITLE. This Act may be cited as the ``African-American Farmers Benefits Relief Act of 2005''. SEC. 2. EXTENSION OF DEADLINE FOR FILING CLAIM IN PIGFORD V. VENEMAN. (a) Findings.--Congress finds the following: (1) In 1998, a lawsuit was filed against the Department of Agriculture (referred to in this subsection as the ``USDA''), the second largest agency of the Federal Government, alleging that the USDA had violated the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) and the Administrative Procedure Act (5 U.S.C. 551 et seq.) by maintaining a pattern and practice of discrimination against African-American farmers. Such pattern and practice delayed, denied, or otherwise frustrated the efforts of African-American farmers to obtain loan assistance and to engage in the vocation of farming. (2) In January 1999, the United States District Court of the District of Columbia approved the largest civil rights settlement in the history of the United States. Following the settlement, the African-American farmers and the USDA entered into a five-year consent decree. (3) In April 1999, the court approved the settlement and assigned four entities to facilitate implementation of the consent decree. (4) According to a USDA Inspector General report, many discrimination complaints were never processed, investigated, or otherwise resolved, and the discrimination complaint process at the Farm Services Agency lacked ``integrity, direction, and accountability''. (5) Delays in processing the discrimination claims of many African-American farmers resulted in numerous farmers losing their right to file claims. (6) As of July 14, 2000, the statute of limitations provided under the Equal Credit Opportunity Act has run on many of the claims. (7) On November 18, 2004, the Subcommittee on the Constitution of the Committee on the Judiciary of the House of Representatives received sworn testimony that alleged serious violations of the right to notice as it applied to the consent decree and to all those who had viable claims of discrimination against the USDA. (8) Such testimony further alleged that although the consent decree notice campaign was deemed to be effective by the court, that campaign proved deficient because approximately 66,000 potential class members submitted their claims in an untimely fashion. (9) Approximately 73,800 petitions were filed before the September 15, 2000, late filing deadline, of which only 2,131 were approved. (10) Of the approximately 21,000 timely requests for reconsideration, 10,745 of those requests have been decided, but only 140 have been approved. (b) De Novo Review of Certain Claims Filed in Pigford V. Veneman.-- A person who submitted a petition for redress in the settlement of the relevant case before the date of the enactment of this Act may obtain de novo consideration of the petition before an adjudicator assigned by the facilitator of the consent decree of such case if-- (1) the petition was denied on the grounds of untimely filing; (2) not later than one year after the date of the enactment of this Act, such person submits a subsequent petition for redress in such settlement; and (3) such person submits an affidavit to the adjudicator asserting that such person did not receive effective notice of the filing deadline in such consent decree. (c) Notice to USDA.--Not later than 30 days after a person submits a petition pursuant to subsection (b)(2), the facilitator of the consent decree of the relevant case shall provide notice to the Secretary of Agriculture of such petition. (d) Loan Data.-- (1) Report to person submitting petition.--Not later than 60 days after the Secretary of Agriculture receives notice pursuant to subsection (c) of a petition filed pursuant to subsection (b)(2), the Secretary shall provide to the person that filed such petition a report on farm credit loans made within the claimant's State by the Department during the period beginning on January 1, 1992, and ending on the date of the enactment of this Act. Such report shall contain information on all persons whose application for a loan was accepted, including-- (A) the race of the applicant; (B) the date of application; (C) the date of the loan decision; (D) the location of the office making the loan decision; and (E) all data relevant to the process of deciding on the loan. (2) No personally identifiable information.--The reports provided pursuant to paragraph (1) shall not contain any information that would identify any person that applied for a loan from the Department of Agriculture. (e) Limitation on Foreclosures.--Notwithstanding any other provision of law, the Secretary of Agriculture may not foreclose a loan if the borrower makes a prima facie case to an adjudicator assigned by the facilitator of the consent decree of the relevant case that the foreclosure is proximately related to discrimination by the Department of Agriculture. (f) Notice.-- (1) Known class members.--Not later than 45 days after the date of the enactment of this Act, the Secretary of Agriculture shall provide to all known members of the class in the relevant case notice of the de novo review available under subsection (b). (2) Advertisements.--The Secretary of Agriculture shall announce the de novo review available under subsection (b) by arranging to-- (A) broadcast 40 commercials on the cable, Internet, network, and radio broadcast outlets throughout the United States with the largest African- American audiences during a 30-day period; (B) broadcast 40 commercials on the cable, Internet, network, and radio broadcast outlets in the relevant region with the largest African-American audiences during a 30-day period; (C) broadcast 50 commercials on the cable, Internet, network, and radio broadcast outlets with the largest national audiences during a 30-day period; (D) have one-quarter page advertisements placed in 27 general circulation newspapers and 115 African- American newspapers in the relevant region during a 14- day period; (E) have a full page advertisement placed in the editions of the magazine TV Guide that are distributed in the relevant region; and (F) have half-page advertisements placed in the national editions of magazines with the highest percentages of African-American readership. (g) Monitor.-- (1) Selection.--Not later than 45 days after the date of the enactment of this Act, the parties to the relevant case shall select an independent Monitor who shall report directly to the Secretary of Agriculture. If the parties are unable to agree on a Monitor after good faith negotiations, the plaintiffs and the defendants shall each submit two persons to the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit who shall appoint a Monitor from among such persons. (2) Duties.--The Monitor-- (A) not later than 180 days after the date of the enactment of this Act, and at least semiannually thereafter, shall submit to the Secretary of Agriculture and make publicly available on the Internet a report detailing the implementation of this Act and whether such implementation is being done in good faith; (B) if the Monitor determines that a clear and manifest error has occurred in the screening, adjudication, or arbitration of a claim and such error has resulted or is likely to result in a fundamental miscarriage of justice, may direct the adjudicator or facilitator to review the claim; (C) shall be available to class members and the public through a toll-free telephone number in order to facilitate the lodging of any complaints relating to this Act or the consent decree of the relevant case and to expedite the resolution of such complaints; and (D) if the Monitor is unable to resolve a problem brought to the attention of the Monitor pursuant to subparagraph (C), may file a report with the counsels of the parties who may then seek enforcement of this Act and such consent decree pursuant to paragraph 13 of such consent decree. (3) Term.--The Monitor shall remain in existence for a period of 5 years and shall not be removed except for good cause. (4) Expenses.--The Secretary of Agriculture shall pay the fees and expenses of the Monitor. (h) Definitions.--In this section: (1) Largest african-american audiences.--The term ``largest African-American audiences'' means those audiences determined to have the largest number of African-American listeners, viewers, or users as determined by the Arbitron or Nielsen rating systems. (2) Largest national audiences.--The term ``largest national audiences'' means those audiences determined to have the largest number of listeners, viewers, or users as determined by the Arbitron or Nielsen rating systems. (3) Relevant case.--The term ``relevant case'' means the consolidated class action lawsuits entitled Pigford v. Veneman and Brewington v. Veneman (United States District Court for the District of Columbia, Civil Action Numbers 97-1978 and 98- 1693). (4) Relevant region.--The term ``relevant region'' means the States of Alabama, Arkansas, California, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia and the District of Columbia.

African-American Farmers Benefits Relief Act of 2005 - Provides de novo review for qualifying claims filed under the consolidated class action action lawsuits of Pigford v. Veneman and Brewington v. Veneman.

To provide relief for African-American farmers filing claims in the cases of Pigford v. Veneman and Brewington v. Veneman.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Geologic Mapping Reauthorization Act of 1999''. SEC. 2. FINDINGS. Section 2(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31a(a)) is amended-- (1) in paragraph (7), by striking ``and'' at the end; (2) by redesignating paragraph (8) as paragraph (10); (3) by inserting after paragraph (7) the following: ``(8) geologic map information is required for the sustainable and balanced development of natural resources of all types, including energy, minerals, land, water, and biological resources; ``(9) advances in digital technology and geographical information system science have made geologic map databases increasingly important as decision support tools for land and resource management; and''; and (4) in paragraph (10) (as redesignated by paragraph (2)), by inserting ``of surficial and bedrock deposits'' after ``geologic mapping''. SEC. 3. DEFINITIONS. Section 3 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31b) is amended-- (1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (6), (7), (8), and (10), respectively; (2) by inserting after paragraph (3) the following: ``(4) Education component.--The term `education component' means the education component of the geologic mapping program described in section 6(d)(3). ``(5) Federal component.--The term `Federal component' means the Federal component of the geologic mapping program described in section 6(d)(1).''; and (3) by inserting after paragraph (8) (as redesignated by paragraph (1)) the following: ``(9) State component.--The term `State component' means the State component of the geologic mapping program described in section 6(d)(2).''. SEC. 4. GEOLOGIC MAPPING PROGRAM. Section 4 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c) is amended-- (1) in subsection (b)(1)-- (A) in the first sentence, by striking ``priorities'' and inserting ``national priorities and standards for''; (B) in subparagraph (A)-- (i) by striking ``develop a geologic mapping program implementation plan'' and inserting ``develop a 5-year strategic plan for the geologic mapping program''; and (ii) by striking ``within 300 days after the date of enactment of the National Geologic Mapping Reauthorization Act of 1997'' and inserting ``not later than 1 year after the date of enactment of the National Geologic Mapping Reauthorization Act of 1999''; (C) in subparagraph (B), by striking ``within 90 days after the date of enactment of the National Geologic Mapping Reauthorization Act of 1997'' and inserting ``not later than 1 year after the date of enactment of the National Geologic Mapping Reauthorization Act of 1999''; and (D) in subparagraph (C)-- (i) in the matter preceding clause (i), by striking ``within 210 days after the date of enactment of the National Geologic Mapping Reauthorization Act of 1997'' and inserting ``not later than 3 years after the date of enactment of the National Geologic Mapping Reauthorization Act of 1999, and biennially thereafter''; (ii) in clause (i), by striking ``will coordinate'' and inserting ``are coordinating''; (iii) in clause (ii), by striking ``will establish'' and inserting ``establish''; and (iv) in clause (iii), by striking ``will lead to'' and inserting ``affect''; and (2) by striking subsection (d) and inserting the following: ``(d) Program Components-- ``(1) Federal component.-- ``(A) In general.--The geologic mapping program shall include a Federal geologic mapping component, the objective of which shall be to determine the geologic framework of areas determined to be vital to the economic, social, environmental, or scientific welfare of the United States. ``(B) Mapping priorities.--For the Federal component, mapping priorities-- ``(i) shall be described in the 5-year plan under section 6; and ``(ii) shall be based on-- ``(I) national requirements for geologic map information in areas of multiple-issue need or areas of compelling single-issue need; and ``(II) national requirements for geologic map information in areas where mapping is required to solve critical earth science problems. ``(C) Interdisciplinary studies.-- ``(i) In general.--The Federal component shall include interdisciplinary studies that add value to geologic mapping. ``(ii) Representative categories.-- Interdisciplinary studies under clause (i) may include-- ``(I) establishment of a national geologic map database under section 7; ``(II) studies that lead to the implementation of cost-effective digital methods for the acquisition, compilation, analysis, cartographic production, and dissemination of geologic map information; ``(III) paleontologic, geochrono- logic, and isotopic investigations that provide information critical to understanding the age and history of geologic map units; ``(IV) geophysical investigations that assist in delineating and mapping the physical characteristics and 3- dimensional distribution of geologic materials and geologic structures; and ``(V) geochemical investigations and analytical operations that characterize the composition of geologic map units. ``(iii) Use of results.--The results of investigations under clause (ii) shall be contributed to national databases. ``(2) State component.-- ``(A) In general.--The geologic mapping program shall include a State geologic mapping component, the objective of which shall be to establish the geologic framework of areas determined to be vital to the economic, social, environmental, or scientific welfare of individual States. ``(B) Mapping priorities.--For the State component, mapping priorities-- ``(i) shall be determined by State panels representing a broad range of users of geologic maps; and ``(ii) shall be based on-- ``(I) State requirements for geologic map information in areas of multiple-issue need or areas of compelling single-issue need; and ``(II) State requirements for geologic map information in areas where mapping is required to solve critical earth science problems. ``(C) Integration of federal and state priorities.--A national panel including representatives of the Survey shall integrate the State mapping priorities under this paragraph with the Federal mapping priorities under paragraph (1). ``(D) Use of funds.--The Survey and recipients of grants under the State component shall not use more than 15.25 percent of the Federal funds made available under the State component for any fiscal year to pay indirect, servicing, or program management charges. ``(E) Federal share.--The Federal share of the cost of activities under the State component for any fiscal year shall not exceed 50 percent. ``(3) Education component.-- ``(A) In general.--The geologic mapping program shall include a geologic mapping education component for the training of geologic mappers, the objectives of which shall be-- ``(i) to provide for broad education in geologic mapping and field analysis through support of field studies; and ``(ii) to develop academic programs that teach students of earth science the fundamental principles of geologic mapping and field analysis. ``(B) Investigations.--The education component may include the conduct of investigations, which-- ``(i) shall be integrated with the Federal component and the State component; and ``(ii) shall respond to mapping priorities identified for the Federal component and the State component. ``(C) Use of funds.--The Survey and recipients of grants under the education component shall not use more than 15.25 percent of the Federal funds made available under the education component for any fiscal year to pay indirect, servicing, or program management charges. ``(D) Federal share.--The Federal share of the cost of activities under the education component for any fiscal year shall not exceed 50 percent.''. SEC. 5. ADVISORY COMMITTEE. Section 5 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d) is amended-- (1) in subsection (a)(3), by striking ``90 days after the date of enactment of the National Geologic Mapping Reauthorization Act of 1997'' and inserting ``1 year after the date of enactment of the National Geologic Mapping Reauthorization Act of 1999''; and (2) in subsection (b)-- (A) in paragraph (1), by striking ``critique the draft implementation plan'' and inserting ``update the 5-year plan''; and (B) in paragraph (3), by striking ``this Act'' and inserting ``sections 4 through 7''. SEC. 6. GEOLOGIC MAPPING PROGRAM 5-YEAR PLAN. The National Geologic Mapping Act of 1992 is amended by striking section 6 (43 U.S.C. 31e) and inserting the following: ``SEC. 6. GEOLOGIC MAPPING PROGRAM 5-YEAR PLAN. ``(a) In General.--The Secretary, acting through the Director, shall, with the advice and review of the advisory committee, prepare a 5-year plan for the geologic mapping program. ``(b) Requirements.--The 5-year plan shall identify-- ``(1) overall priorities for the geologic mapping program; and ``(2) implementation of the overall management structure and operation of the geologic mapping program, including-- ``(A) the role of the Survey in the capacity of overall management lead, including the responsibility for developing the national geologic mapping program that meets Federal needs while fostering State needs; ``(B) the responsibilities of the State geological surveys, with emphasis on mechanisms that incorporate the needs, missions, capabilities, and requirements of the State geological surveys, into the nationwide geologic mapping program; ``(C) mechanisms for identifying short- and long- term priorities for each component of the geologic mapping program, including-- ``(i) for the Federal component, a priority-setting mechanism that responds to-- ``(I) Federal mission requirements for geologic map information; ``(II) critical scientific problems that require geologic maps for their resolution; and ``(III) shared Federal and State needs for geologic maps, in which joint Federal-State geologic mapping projects are in the national interest; ``(ii) for the State component, a priority- setting mechanism that responds to-- ``(I) specific intrastate needs for geologic map information; and ``(II) interstate needs shared by adjacent States that have common requirements; and ``(iii) for the education component, a priority-setting mechanism that responds to requirements for geologic map information that are dictated by Federal and State mission requirements; ``(D) a mechanism for adopting scientific and technical mapping standards for preparing and publishing general- and special-purpose geologic maps to-- ``(i) ensure uniformity of cartographic and scientific conventions; and ``(ii) provide a basis for assessing the comparability and quality of map products; and ``(E) a mechanism for monitoring the inventory of published and current mapping investigations nationwide to facilitate planning and information exchange and to avoid redundancy.''. SEC. 7. NATIONAL GEOLOGIC MAP DATABASE. Section 7 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31f) is amended by striking the section heading and all that follows through subsection (a) and inserting the following: ``SEC. 7. NATIONAL GEOLOGIC MAP DATABASE. ``(a) Establishment.-- ``(1) In general.--The Survey shall establish a national geologic map database. ``(2) Function.--The database shall serve as a national catalog and archive, distributed through links to Federal and State geologic map holdings, that includes-- ``(A) all maps developed under the Federal component and the education component; ``(B) the databases developed in connection with investigations under subclauses (III), (IV), and (V) of section 4(d)(1)(C)(ii); and ``(C) other maps and data that the Survey and the Association consider appropriate.''. SEC. 8. BIENNIAL REPORT. The National Geologic Mapping Act of 1992 is amended by striking section 8 (43 U.S.C. 31g) and inserting the following: ``SEC. 8. BIENNIAL REPORT. ``Not later 3 years after the date of enactment of the National Geologic Mapping Reauthorization Act of 1999 and biennially thereafter, 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 report that-- ``(1) describes the status of the national geologic mapping program; ``(2) describes and evaluates the progress achieved during the preceding 2 years in developing the national geologic map database; and ``(3) includes any recommendations that the Secretary may have for legislative or other action to achieve the purposes of sections 4 through 7.''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. The National Geologic Mapping Act of 1992 is amended by striking section 9 (43 U.S.C. 31h) and inserting the following: ``SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this Act-- ``(1) $28,000,000 for fiscal year 1999; ``(2) $30,000,000 for fiscal year 2000; ``(3) $37,000,000 for fiscal year 2001; ``(4) $43,000,000 for fiscal year 2002; ``(5) $50,000,000 for fiscal year 2003; ``(6) $57,000,000 for fiscal year 2004; and ``(7) $64,000,000 for fiscal year 2005. ``(b) Allocation of Appropriations.--Of any amounts appropriated for any fiscal year in excess of the amount appropriated for fiscal year 2000-- ``(1) 48 percent shall be available for the State component; and ``(2) 2 percent shall be available for the education component.''.

Revises requirements for program components, including by: (1) including among the objectives of each component determining the geologic framework of areas determined to be vital to environmental welfare; (2) deleting provisions governing a geologic mapping support component and including interdisciplinary studies that add value to geologic mapping under the Federal geologic mapping component's responsibilities; (3) basing mapping priorities for the State geologic mapping component on State requirements for geologic map information in areas of multiple-issue need or of compelling single-issue need and in areas where mapping is required to solve critical earth science problems; (4) prohibiting the Survey and recipients of grants under the State or education component from using more than a specified percentage of the Federal funds made available under such component for any fiscal year to pay indirect, servicing, or program management charges; and (5) limiting to 50 percent the Federal share of the cost of activities under such components for any fiscal year. (Sec. 5) Revises provisions regarding the geologic mapping advisory committee, including by requiring such committee to update the five-year strategic plan. (Sec. 6) Sets forth requirements for the five- year strategic plan (similar to those for the implementation plan). (Sec. 7) Revises the provisions establishing the National geologic-map database, including by requiring that such database serve as a national catalog and archive (currently, archive), distributed through links to Federal and State geologic map holdings; and (2) provide for such database to include all maps developed under the Federal and education components (currently all maps developed pursuant to the Act). (Sec. 9) Authorizes appropriations. Allocates 48 percent of any amounts appropriated in excess of the amount appropriated for FY 2000 for the State component and two percent for the education component.

National Geologic Mapping Reauthorization Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Employment Transition Assistance Act of 1993''. SEC. 2. ENVIRONMENTAL EMPLOYMENT TRANSITION ASSISTANCE. (a) Amendment.--Part B of title III of the Job Training Partnership Act (29 U.S.C. 1662 et seq.) is amended by adding at the end the following: ``SEC. 327. ENVIRONMENTAL EMPLOYMENT TRANSITION ASSISTANCE. ``(a) Definitions.--As used in this section: ``(1) Adversely affected employment.--The term `adversely affected employment' means work in an industry, occupation or establishment which-- ``(A) has sustained or is projected to sustain substantial economic harm; ``(B) has experienced, is experiencing, or will experience interruptions in the supply of raw materials or goods used in manufacturing; or ``(C) will gradually decline or down-size or experience an acceleration of decline, as a direct or indirect result of the listing of any species as `threatened' or `endangered' under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or of the implementation of the National Forest Management Act of 1976 (90 Stat. 2949), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resource Planning Act of 1974 (16 U.S.C. 1601 et seq.), or the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.). ``(2) Adversely affected worker.--The term `adversely affected worker' means an individual who-- ``(A) is an eligible dislocated worker; and ``(B)(i) has been totally, partially or temporarily separated from work that is considered as adversely affected employment within the 3-year period beginning on the date of enactment of this section; or ``(ii) has received a notice of termination or layoff from such work. ``(3) Affected state.--The term `affected State' means any of the several States of the United States and the District of Columbia in which there is adversely affected employment. ``(b) Determination of Eligibility.-- ``(1) In general.--To be eligible for assistance under this section, an individual shall be determined to be an adversely affected worker as defined under paragraph (2) of subsection (a). ``(2) Special rule.--The Secretary of Labor, pursuant to criteria established by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of the Army, the Secretary of Commerce, the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Energy shall make the eligibility determination of whether an individual meets the definitional requirement under subsection (a)(2)(B). ``(3) Certification.--The Secretary of Labor, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of the Army, the Secretary of Commerce, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Energy, and the Governor of an affected State, shall certify an industry, occupation or establishment based on the listing, or the implementation of any of the Acts, described in subsection (a)(1) as one in which there is adversely affected employment. ``(4) Conclusive presumption.-- ``(A) In general.--The total, partial, or temporary layoff, or the notification of termination or layoff, of an adversely affected worker during a period of 5 years following the listing of the species, or the implementation of the Acts, on which certification of an industry, occupation, or establishment is based under paragraph (3) shall be conclusively presumed to be attributable to compliance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Forest Management Act of 1976 (90 Stat. 2949), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resource Planning Act of 1974 (16 U.S.C. 1601 et seq.), or the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.). ``(B) Exception.--No conclusive presumption exists under subparagraph (A) if an adversely affected worker has voluntarily quit, been laid off, or terminated from a job for a cause that would disqualify such worker for unemployment compensation under the State law. ``(c) Grants Authorized.--The Secretary may award grants to States, substate grantees (as described in section 312(c)), employers, employer associations, and labor organizations-- ``(1) to provide training, adjustment assistance, and employment services to adversely affected workers; and ``(2) to make needs-related payments to such workers in accordance with subsection (h). ``(d) Grant Amount.-- ``(1) In general.--The amount of a grant awarded under this section shall be based on a percentage developed by the Secretary through consideration of the ratio of-- ``(A) the per capita incidence of adversely affected workers in each State; to ``(B) the per capita incidence of adversely affected workers in all States. ``(2) Rural areas.--The Secretary shall not award a grant under subsection (c) unless the applicant provides assurances that the applicant will use a portion of the amount awarded under the grant to provide training, adjustment assistance, employment services and needs-related payments to adversely affected workers in rural areas. ``(e) Priority and Approval.-- ``(1) Application.-- ``(A) In general.--To be eligible to receive a grant under subsection (c), a State, substate grantee, employer, employer association, or labor organization shall submit an application to the Secretary at such time, in such manner, and containing such assurances as the Secretary may require. ``(B) Review prior to submission.--Prior to the submission of an application under subparagraph (A), an applicant shall-- ``(i) submit the application for review and comment to the private industry council and the State; and ``(ii) offer local labor organizations the opportunity to provide comments on the application. ``(C) Documentation.--An applicant that submits an application under subparagraph (B) shall maintain all documentation relating to consultations with the entities described in clauses (i) and (ii) of such subparagraph. ``(2) Needs-related payments required.--The Secretary shall not approve an application for a grant under subsection (c) unless the application contains assurances that the applicant will use amounts provided under the grant to provide needs-related payments in accordance with subsection (h). ``(f) Use of Funds.--Subject to the requirements of subsections (g) and (h), grants under subsection (c) may be used for any purpose for which funds may be used under section 314. ``(g) Adjustment Assistance.-- ``(1) Job search allowance.--Grants under subsection (c) for adjustment assistance may be used to provide a job search allowance to an adversely affected worker. Such allowance, if provided, shall provide reimbursement to such worker in an amount that does not exceed 90 percent of the cost to such worker for necessary job search expenses, as prescribed by regulations of the Secretary, or $800 whichever is less, unless the need for a greater amount is demonstrated in the application and approved by the Secretary. ``(2) Criteria for awarding job search allowances.--A job search allowance may be provided only-- ``(A) to assist an adversely affected worker who has been totally separated in securing a job within the United States; and ``(B) if the Secretary determines that the adversely affected worker cannot reasonably be expected to secure suitable employment in the commuting area in which such worker resides. ``(h) Needs-Related Payments.--The Secretary shall prescribe regulations with respect to the use of amounts awarded under a grant under subsection (c) for needs-related payments in order to enable adversely affected workers to complete training or education programs under this section. Such regulations shall-- ``(1) require that needs-related payments shall be provided to an adversely affected worker only if such worker-- ``(A)(i) qualifies for emergency or extended unemployment benefits; or ``(ii) does not qualify or has ceased to qualify for unemployment compensation; ``(B) is participating in training or education programs under this section, except that the regulations shall protect an adversely affected worker from being disqualified pursuant to this subparagraph for a failure to participate that is not the fault of such worker; and ``(C) receives, or is a member of a family that receives, a total family income (exclusive of unemployment compensation, child support payments, and welfare payments) that, in relation to family size, is not in excess of the lower living standard income level; ``(2) provide that an adversely affected worker may not be disqualified from receipt of needs-related payments if such worker terminates temporary or part-time employment to participate in a training or education program under this section; ``(3) provide that not later than 30 days after enrollment in a training program, an adversely affected worker shall receive needs-related payments if such worker-- ``(A) does not qualify or has ceased to qualify for unemployment compensation; and ``(B) has enrolled in a training program under this section; ``(4) provide for procedures for waiving maximum benefits requirements; ``(5) provide for procedures for allowing the payment of needs-related payments based on special needs which shall be determined on appeal by the Secretary; ``(6) provide that the levels of needs-related payments to an adversely affected worker who does not qualify or has ceased to qualify for unemployment compensation shall be equal to the higher of-- ``(A) the applicable level of unemployment compensation; or ``(B) the official poverty line (as defined by the Office of Management and Budget, and revised annually by the Secretary in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); ``(7) provide that the amount of needs-related payments to an adversely affected worker who qualifies for emergency or extended unemployment benefits shall be equal to the difference between the amount of such worker's compensation and the amount of such worker's unemployment benefits; ``(8) provide for the adjustment of payments to reflect changes in total family income; and ``(9) provide that the grantee shall obtain information with respect to such income, and changes therein, from the adversely affected worker. ``(i) Counseling and Referrals.--Not later than 45 days after an adversely affected worker qualifies for unemployment benefits, a grantee under this section shall provide employment counseling and referral to training programs, if needed, to such worker. ``(j) Administrative Expenses.-- ``(1) In general.--The Secretary of Labor may reserve not more than 5 percent of the awards appropriated under this section for the administration of activities authorized under this section, including the provision of technical assistance for the preparation of grant applications. ``(2) Priority.--In the provision of technical assistance for preparation of grant applications under paragraph (1), the Secretary of Labor shall give priority to nongovernmental, and nonprofit organizations. ``(k) Authorization of Appropriations.-- ``(1) In general.--In addition to amounts authorized to be appropriated by section 3(b), as amended by section 102(a) of the Job Training Reform Amendments (Public Law 102-367), there are authorized to be appropriated $100,000,000 for fiscal year 1994, and such sums as may be necessary for each of fiscal years 1995, 1996, 1997, and 1998, to carry out this section. The total amount appropriated for all 5 such fiscal years shall not exceed $500,000,000. ``(2) Availability.--Amounts appropriated pursuant to this subsection shall remain available until expended. ``(l) Regulations.--Not later than 180 days after the date of enactment of this section, the Secretary shall prescribe regulations to carry out this section. ``(m) General Accounting Office Assessment of Effects on Employment of Compliance With Environmental Policies.--The Comptroller General of the United States shall-- ``(1) identify and assess, to the extent possible, the effects on employment that are attributable to compliance with the provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Forest Management Act of 1976 (90 Stat. 2949), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resource Planning Act of 1974 (16 U.S.C. 1601 et seq.), or the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.); and ``(2) submit to the Congress on the date that is 4 years after the date of the enactment of this section a written report on the assessments required under paragraph (1).''. (b) Conforming Amendments.-- (1) The table of contents of the Job Training Partnership Act is amended by adding at the end of the items pertaining to part B of title III the following: ``Sec. 327. Environmental employment transition assistance.''. (2) Section 3(b) of the Job Training Partnership Act (29 U.S.C. 1502(c)), as amended by section 102(a) of the Job Training Reform Amendments (Public Law 102-367), is amended by striking ``section 326'' and inserting ``sections 326 and 327''.

Environmental Employment Transition Assistance Act of 1993 - Amends the Job Training Partnership Act to establish an Environmental Employment Transition Assistance Program. Authorizes the Secretary of Labor to award grants to States, substate grantees, employers, employer associations, and labor organizations to: (1) provide training, adjustment assistance, and employment services to workers adversely affected by the listing of any species as "threatened" or "endangered" under the Endangered Species Act or by the implementation of specified Federal environmental protection or forestry laws; and (2) make needs-related payments to such workers. Authorizes appropriations. Directs the Comptroller General to assess the effects on employment of compliance with such environmental laws.

Environmental Employment Transition Assistance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighters Special Operation Task Force Act''. SEC. 2. GRANTS FOR FIREFIGHTING TASK FORCES. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following new section: ``SEC. 37. ASSISTANCE FOR FIREFIGHTING TASK FORCES. ``(a) Definitions.--In this section: ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given that term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e)). ``(2) Firefighting personnel.--The term `firefighting personnel' has the meaning given that term in section 33(a). ``(3) Incident response.--The term `incident response' means a response by a task force or task force unit to-- ``(A) a terrorist attack, including such an attack that utilizes a weapon of mass destruction; ``(B) a release of a hazardous material; ``(C) a natural disaster; or ``(D) any other emergency for which a response by a fire service is appropriate. ``(4) Member.--The term `member', with respect to a task force, means a fire service that is a party to the cooperative agreement establishing the task force. ``(5) Task force.--The term `task force' means 2 or more fire services that collectively consist of at least 50 firefighting personnel, operating pursuant to a cooperative agreement for the purpose of coordinating incident response among such fire services. ``(b) Grant Authority.--The Administrator may award not more than 100 grants for task forces each fiscal year for the purposes described in subsection (c). ``(c) Purposes.--A grant awarded under this section shall be used-- ``(1) to provide salary and benefits to hire firefighting personnel or rehire firefighting personnel who have been laid off to provide services to the task force, including salary and benefits; ``(2) to pay expenses related to the participation of firefighting personnel in appropriate training courses; ``(3) to provide training related to incident response to firefighting personnel; ``(4) to obtain appropriate equipment, including firefighting vehicles or support systems for members of the task force; ``(5) to improve the ability of a member of a task force to communicate with a local police department or hospital, or with any other appropriate governmental or private sector entity; and ``(6) to ensure the compatibility and interoperability of training and equipment with those obtained by other task forces. ``(d) Application Guidance.--The Administrator shall make available to potential applicants for assistance under this section a description of a model task force configuration, which shall include-- ``(1) an administrative unit, consisting of 2 chief officers, 2 captains, and 2 lieutenants, to coordinate training programs, logistics, and maintenance of equipment, which shall operate at least 40 hours per week; ``(2) a command unit, consisting of 1 chief officer serving as the task force commander and 1 firefighter serving as communications coordinator, which shall operate at all times; ``(3) at least 1 hazardous materials company, consisting of 1 company officer and 5 firefighters, which shall operate at all times; ``(4) at least 1 rescue company, consisting of 1 company officer and 5 firefighters, which shall operate at all times; and ``(5) 6 squad companies, each consisting of 1 company officer and 5 firefighters, which shall operate at all times, and which may serve, as appropriate, as a hazardous materials company or rescue company as described in paragraphs (3) and (4). ``(e) Application Requirements.--Each task force desiring assistance under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. In order to qualify for a grant, an applicant's proposal shall provide for-- ``(1) prompt incident response; ``(2) a unified command system; ``(3) common training and equipment for task force members; ``(4) maximum coverage in the task force region, taking into account population, business centers, vital infrastructures, transportation corridors, and government centers; and ``(5) preservation during the life of the grant of the overall personnel level for each fire service, at least at the level in effect at the time the application was submitted. ``(f) Selection Priority.--In selecting a task force to receive assistance under this section, the Administrator shall give priority to task forces that serve a geographic area that-- ``(1) has a high population density; or ``(2) is located not more than 50 miles from-- ``(A) a facility that produces nuclear power; ``(B) a large facility that produces, treats, or refines chemicals or petroleum products; ``(C) a business district of national significance; or ``(D) a location with one or more critical infrastructures. ``(g) Matching Requirement.--The Administrator may provide assistance to a Task Force under this section for a fiscal year only if the task force agrees to obtain from non-Federal sources for such fiscal year at least 55 percent of the costs of the task force. The non-Federal contributions may be in-kind contributions, including personnel, personnel overtime, vehicles, equipment, administrative costs, fuel, maintenance, contractor services, and rental space. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section such sums as may be necessary for each of the fiscal years 2008 through 2016.''.

Firefighters Special Operation Task Force Act - Amends the Federal Fire Prevention and Control Act of 1974 to authorize the Administrator of the U.S. Fire Administration to award up to 100 grants for task forces (two or more fire services that collectively consist of at least 50 firefighting personnel, operating under a cooperative agreement to coordinate incident response) each fiscal year for: (1) salary and benefits to hire firefighting personnel; (2) training; (3) equipment or support systems; (4) communications between task force members and a local police department or hospital or with any other appropriate governmental or private sector entity; and (5) compatibility and interoperability of training and equipment. Requires the Administrator to give priority to task forces serving geographic areas that have a high population density or that are located within 50 miles of: (1) a nuclear power facility; (2) a large facility that produces, treats, or refines chemicals or petroleum products; (3) a business district of national significance; or (4) a location with one or more critical infrastructures. Requires grantees to obtain non-federal matching funds of at least 55% of the amount awarded by the Administrator for each fiscal year.

To amend the Federal Fire Prevention and Control Act of 1974 to authorize the Administrator of the United States Fire Administration to provide assistance to firefighting task forces, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Morris K. Udall Parkinson's Research Act of 1997''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--Congress finds that to take full advantage of the tremendous potential for finding a cure or effective treatment, the Federal investment in Parkinson's must be expanded, as well as the coordination strengthened among the National Institutes of Health research institutes. (b) Purpose.--It is the purpose of this Act to provide for the expansion and coordination of research regarding Parkinson's, and to improve care and assistance for afflicted individuals and their family caregivers. SEC. 3. PARKINSON'S RESEARCH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``parkinson's disease ``Sec. 409B. (a) In General.--The Director of NIH shall establish a program for the conduct and support of research and training with respect to Parkinson's disease (subject to the extent of amounts appropriated under subsection (e)). ``(b) Inter-Institute Coordination.-- ``(1) In general.--The Director of NIH shall provide for the coordination of the program established under subsection (a) among all of the national research institutes conducting Parkinson's research. ``(2) Conference.--Coordination under paragraph (1) shall include the convening of a research planning conference not less frequently than once every 2 years. Each such conference shall prepare and submit to the Committee on Appropriations and the Committee on Labor and Human Resources of the Senate and the Committee on Appropriations and the Committee on Commerce of the House of Representatives a report concerning the conference. ``(c) Morris K. Udall Research Centers.-- ``(1) In general.--The Director of NIH shall award Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's. The Director shall award not more than 10 Core Center Grants and designate each center funded under such grants as a Morris K. Udall Center for Research on Parkinson's Disease. ``(2) Requirements.-- ``(A) In general.--With respect to Parkinson's, each center assisted under this subsection shall-- ``(i) use the facilities of a single institution or a consortium of cooperating institutions, and meet such qualifications as may be prescribed by the Director of the NIH; and ``(ii) conduct basic and clinical research. ``(B) Discretionary requirements.--With respect to Parkinson's, each center assisted under this subsection may-- ``(i) conduct training programs for scientists and health professionals; ``(ii) conduct programs to provide information and continuing education to health professionals; ``(iii) conduct programs for the dissemination of information to the public; ``(iv) separately or in collaboration with other centers, establish a nationwide data system derived from patient populations with Parkinson's, and where possible, comparing relevant data involving general populations; ``(v) separately or in collaboration with other centers, establish a Parkinson's Disease Information Clearinghouse to facilitate and enhance knowledge and understanding of Parkinson's disease; and ``(vi) separately or in collaboration with other centers, establish a national education program that fosters a national focus on Parkinson's and the care of those with Parkinson's. ``(3) Stipends regarding training programs.--A center may use funds provided under paragraph (1) to provide stipends for scientists and health professionals enrolled in training programs under paragraph (2)(B). ``(4) Duration of support.--Support of a center under this subsection may be for a period not exceeding five years. Such period may be extended by the Director of NIH for one or more additional periods of not more than five years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(d) Morris K. Udall Awards for Excellence in Parkinson's Disease Research.--The Director of NIH shall establish a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant future breakthroughs in the understanding of the pathogensis, diagnosis, and treatment of Parkinson's. Grants under this subsection shall be available for a period of not to exceed 5 years. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000.''.

Morris K. Udall Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training regarding Parkinson's disease. Directs the Director of the National Institutes of Health to provide for coordination of the program among all the national research institutes conducting Parkinson's research. Requires coordination to include the convening of a research planning conference at least once every two years. Provides for each such conference to prepare and submit to certain congressional committees a report concerning the conference. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Establishes a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant breakthroughs in the understanding of the pathogenesis, diagnosis, and treatment of Parkinson's. Limits the availability of grants for a period not to exceed five years. Authorizes appropriations.

Morris K. Udall Parkinson's Research Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Chance for Youth Act of 2015''. SEC. 2. YOUTH SEALING AND EXPUNGEMENT. (a) In General.--Chapter 229 of title 18, United States Code, is amended by adding at the end the following: ``SUBCHAPTER D--EXPUNGEMENT AND SEALING OF YOUTH CRIMINAL RECORDS ``Sec. ``3631. Youth Offense Expungement and Sealing Review Board. ``3632. Expungement and sealing for youth. ``3633. Definitions. ``3634. Reporting. ``Sec. 3631. Youth Offense Expungement and Sealing Review Board ``(a) In General.--The Chief Judge for each Federal District shall establish-- ``(1) a Youth Offense Expungement and Sealing Review Board (hereinafter in this section referred to as the `Review Board') to review petitions for discretionary expungement and sealing of youth offenses; and ``(2) the rules and procedures governing the operation of the Review Board in the exercise of its powers under subsection (c). ``(b) Composition.--The Review Board shall include one representative, selected by the Chief Judge to serve without compensation, from each of the following: ``(1) The Department of Justice. ``(2) The United States Probation and Pretrial Services System. ``(3) The Office of the Federal Defender or a designated Criminal Justice Act panel attorney or private criminal defense attorney. ``(c) Powers.--The Review Board shall-- ``(1) review petitions under this subchapter to determine whether the youth, and the offense on which the petition is based, meet the eligibility requirements for expungement or sealing consideration; ``(2) for petitions meeting the eligibility requirements, evaluate those petitions on the merits in order to make a recommendation on the advisability of granting the petition; and ``(3) convey its recommendation, with a written explanation, to the Chief Judge in each Federal District, or a designee of the Chief Judge, for consideration. ``(d) Recommendation.--In making its recommendation, the Review Board-- ``(1) shall consider all the evidence and testimony presented in the petition and any hearings held on the petition; ``(2) may not consider any arrest or prosecution that did not result in a conviction and that took place prior to the conviction or arrest the petitioner is seeking to expunge or seal; and ``(3) shall balance-- ``(A) the public safety, the interest of public knowledge, and any legitimate interest of the Government in maintaining the accessibility of the protected information; against ``(B) the interest of the petitioner in having the petition granted, including the benefit to the petition's ability to positively contribute to the community, and the petitioner's conduct and demonstrated desire to be rehabilitated. ``(e) Court To Consider and Decide Upon Petitions.--The Court shall consider and decide upon each petition for which the court receives a recommendation from the Review Board. The Court's decision to grant or deny the petition shall give significant weight to the Review Board recommendation. The Court shall grant the petition unless the Government shows the interests described in subsection (d)(3)(A) outweigh the interests of the petitioner described in subsection (d)(3)(B). ``(f) One Opportunity.--A youth may only file a petition for expungement or sealing under this subchapter once and the decision of the district court on the petition shall be final and is not appealable. ``(g) Online Forms for Petitions.--The Director of the Administrative Office of the United States Courts shall create and make available to the public, online and in paper form, a universal form to file a petition under this section, and establish a process under which indigent petitioners may obtain a waiver of any fee for filing a petition under this section. ``(h) Making Available Standard Forms for Court Orders.--The Director of the Administrative Office of the United States Courts shall create and make available to the Chief Judge of every Federal district standard expungement and sealing orders that empower the petitioner to seek destruction of records in accordance with the order. ``Sec. 3632. Expungement and sealing for youth ``(a) Expungement Petition Eligibility.--A youth may petition a district court of the United States for expungement-- ``(1) of the record of any misdemeanor or nonviolent felony drug conviction 3 years after the youth has completed every term of imprisonment related to that misdemeanor or nonviolent felony drug conviction; ``(2) of the record of any person who has not attained the age of 18 at the time of committing the conduct resulting in conviction for any misdemeanor or nonviolent offense 3 years after the person has completed every term of imprisonment related to that misdemeanor or nonviolent offense conviction; and ``(3) of the record of an arrest or prosecution for any nonviolent offense on the date on which the case related to that arrest or prosecution is disposed of. ``(b) Sealing Petition Eligibility.--A youth may petition a district court of the United States, for sealing-- ``(1) of the record of any nonviolent conviction 5 years after the youth has completed every term of imprisonment related to that nonviolent conviction; ``(2) of the record of any person who has not attained the age of 18 at the time of committing the conduct resulting in conviction for any offense 10 years after the person has completed every term of imprisonment related to that offense conviction; and ``(3) of the record of an arrest or prosecution for any nonviolent offense on the date on which the case related to that arrest or prosecution is disposed of. ``(c) Notice of Opportunity To File Petition.--A youth shall be informed of the eligibility to, procedures for, and benefits of filing an expungement or sealing petition-- ``(1) by the District Court on the date of conviction; ``(2) by the Office of Probation and Pretrial Services on the date the youth completes every term of imprisonment; or ``(3) if the arrest or prosecution does not result in a conviction, then by the Department of Justice on the date the case is disposed of. ``(d) Grant of Petition.--If a court grants a petition under this section-- ``(1) the person to whom the record pertains may choose to, but is not required to, disclose the existence of the record, and the offense conduct and any arrest, juvenile delinquency proceeding, adjudication, conviction, or other result of such proceeding relating to the offense conduct, shall be treated as if it never occurred; ``(2) the court shall destroy each paper and electronic copy of the record in the possession of the court; ``(3) the court shall issue an expungement or sealing order requiring the destruction of any paper and electronic copies of the record by any court, law enforcement officer, law enforcement agency, treatment or rehabilitation services agency, or employee thereof in possession of those copies; ``(4) any entity or person listed in paragraph (3) that receives an inquiry relating to the record shall reply to the inquiry stating that no such record exists; and ``(5) except as provided in subsection (f), no person shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement for failing to acknowledge the record or respond to any inquiry made of the of petitioner or the parent relating to the record, for any purpose. ``(e) Civil Actions.-- ``(1) In general.--If an individual who has a record expunged or sealed under this section brings an action that might be defended with the contents of the record, there shall be a rebuttable presumption that the defendant has a complete defense to the action. ``(2) Showing by plaintiff.--In an action described in paragraph (1), the plaintiff may rebut the presumption of a complete defense by showing that the contents of the record would not prevent the defendant from being liable. ``(3) Duty to testify as to existence of record.--The court in which an action described in paragraph (1) is filed may require the plaintiff to state under oath whether the plaintiff had a record and whether the record was expunged or sealed. ``(4) Proof of existence of record.--If the plaintiff in an action described in paragraph (1) denied the existence of a record, the defendant may prove the existence of the record in any manner compatible with the applicable laws of evidence. ``(f) Attorney General Nonpublic Records.--The Attorney General shall-- ``(1) maintain a nonpublic database of all records expunged or sealed under this subchapter; ``(2) disclose, access, or utilize records contained in the nonpublic database only-- ``(A) in defense of any civil suit arising out of the facts contained in the record; ``(B) to determine whether the individual to whom the record relates is eligible for a first-time- offender diversion program; ``(C) for a background check that relates to law enforcement employment or any employment that requires a Government security clearance; or ``(D) if the Attorney General determines that disclosure is necessary to serve the interests of national security; and ``(3) to the extent practicable, notify the individual to whom the record pertains of the disclosure unless it is made pursuant to paragraph (2)(D). ``Sec. 3633. Definitions ``In this subchapter-- ``(1) the term `youth' means an individual who was 21 years of age or younger at the time of the criminal offense for which the individual was arrested, prosecuted, or sentenced; ``(2) the term `nonviolent felony' means a Federal criminal felony offense that is not-- ``(A) a crime of violence; or ``(B) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act); ``(3) the term `record' means information, whether in paper or electronic form, containing any reference to-- ``(A) an arrest, conviction, or sentence of an individual for an offense; ``(B) the institution of juvenile delinquency or criminal proceedings against an individual for the offense; or ``(C) adjudication, conviction, or any other result of juvenile delinquency or criminal proceedings; ``(4) the term `expunge'-- ``(A) means to destroy a record and obliterate the name of the person to whom the record pertains from each official index or public record; and ``(B) has the effect described in section 3631(g), including-- ``(i) the right to treat an offense to which an expunged record relates, and any arrest, juvenile delinquency proceeding, adjudication, conviction, or other result of such proceeding relating to the offense, as if it never occurred; and ``(ii) protection from civil and criminal perjury, false swearing, and false statement laws with respect to an expunged record; ``(5) the term `seal'-- ``(A) means-- ``(i) to close a record from public viewing so that the record cannot be examined except by court order; and ``(ii) to physically seal the record shut and label the record `SEALED' or, in the case of an electronic record, the substantive equivalent; and ``(B) has the effect described in section 3631(g), including-- ``(i) the right to treat an offense to which an expunged record relates, and any arrest, juvenile delinquency proceeding, adjudication, conviction, or other result of such proceeding relating to the offense, as if it never occurred; and ``(ii) protection from civil and criminal perjury, false swearing, and false statement laws with respect to an expunged record; ``(6) the term `conviction'-- ``(A) means a judgment or disposition in criminal court against a person following a finding of guilt by a judge or jury; and ``(B) for the purposes of this section-- ``(i) multiple convictions shall be deemed to be one conviction if the convictions result from or relate to the same act or acts committed at the same time; and ``(ii) multiple convictions, not to exceed 3, that do not result from or relate to the same act or acts committed at the same time shall be deemed to be one conviction if the convictions result from or relate to the same indictment, information, or complaint, or plea of guilty; and ``(7) the term `destroy' means to render a file unreadable, whether paper, electronic, or otherwise stored, by shredding, pulverizing, pulping, incinerating, overwriting, reformatting the media, or other means. ``Sec. 3634. Reporting ``Not later than 2 years after the date of enactment of this subchapter, and each year thereafter, the Attorney General shall issue a public report that-- ``(1) describes-- ``(A) the number of expungement and sealing petitions granted and denied; and ``(B) the number of instances in which the office of a United States attorney supported or opposed an expungement or sealing petition; and ``(2) includes any supporting data that the court determines relevant but does not name any petitioner.''. SEC. 3. RETROACTIVE EFFECT. This Act and the amendments made by this Act apply with respect to youth without regard to whether they become involved in the Federal criminal justice system before, on, or after the date of the enactment of this Act.

Fair Chance for Youth Act of 2015 This bill amends the federal criminal code to establish a process to expunge and seal certain youth criminal records. A youth is an individual who was arrested, prosecuted, or sentenced for a criminal offense committed at age 21 or younger. A youth may petition to expunge records related to: (1) a misdemeanor conviction, (2) a nonviolent felony drug conviction, (3) a conviction for any nonviolent offense committed prior to attaining age 18, or (4) an arrest or prosecution for a nonviolent offense that is disposed of. A youth may petition to seal records related to: (1) a nonviolent conviction, (2) a conviction for any offense committed prior to attaining age 18, and (3) an arrest or prosecution for a nonviolent offense that is disposed of. Each federal district court must establish a Youth Offense Expungement and Sealing Review Board to review, evaluate on the merits, and make recommendations to grant or deny expungement and sealing petitions. The Court must consider and decide each petition for which it receives a Review Board recommendation. The Department of Justice must report on the number of: (1) expungement and sealing petitions granted and denied, and (2) times a U.S. attorney supported or opposed an expungement or sealing petition. This bill's provisions apply to youth regardless of whether such youth became involved in the federal criminal justice system before, on, or after enactment.

Fair Chance for Youth Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Computer Security Enhancement Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The National Institute of Standards and Technology has responsibility for developing standards and guidelines needed to ensure the cost-effective security and privacy of sensitive information in Federal computer systems. (2) The Federal Government has an important role in ensuring the protection of sensitive, but unclassified, information controlled by Federal agencies. (3) Technology that is based on the application of cryptography exists and can be readily provided by private sector companies to ensure the confidentiality, authenticity, and integrity of information associated with public and private activities. (4) The development and use of encryption technologies should be driven by market forces rather than by Government imposed requirements. (5) Federal policy for control of the export of encryption technologies should be determined in light of the public availability of comparable encryption technologies outside of the United States in order to avoid harming the competitiveness of United States computer hardware and software companies. (b) Purposes.--The purposes of this Act are to-- (1) reinforce the role of the National Institute of Standards and Technology in ensuring the security of unclassified information in Federal computer systems; (2) promote technology solutions based on private sector offerings to protect the security of Federal computer systems; and (3) provide the assessment of the capabilities of information security products incorporating cryptography that are generally available outside the United States. SEC. 3. VOLUNTARY STANDARDS FOR PUBLIC KEY MANAGEMENT INFRASTRUCTURE. Section 20(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(b)) is amended-- (1) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (7), and (8), respectively; and (2) by inserting after paragraph (1) the following new paragraph: ``(2) upon request from the private sector, to assist in establishing voluntary interoperable standards, guidelines, and associated methods and techniques to facilitate and expedite the establishment of non-Federal management infrastructures for public keys that can be used to communicate with and conduct transactions with the Federal Government;''. SEC. 4. SECURITY OF FEDERAL COMPUTERS AND NETWORKS. Section 20(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(b)), as amended by section 3 of this Act, is further amended by inserting after paragraph (4), as so redesignated by section 3(1) of this Act, the following new paragraphs: ``(5) to provide guidance and assistance to Federal agencies in the protection of interconnected computer systems and to coordinate Federal response efforts related to unauthorized access to Federal computer systems; ``(6) to perform evaluations and tests of-- ``(A) information technologies to assess security vulnerabilities; and ``(B) commercially available security products for their suitability for use by Federal agencies for protecting sensitive information in computer systems;''. SEC. 5. COMPUTER SECURITY IMPLEMENTATION. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) is further amended-- (1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c) In carrying out subsection (a)(3), the Institute shall-- ``(1) emphasize the development of technology-neutral policy guidelines for computer security practices by the Federal agencies; ``(2) actively promote the use of commercially available products to provide for the security and privacy of sensitive information in Federal computer systems; and ``(3) participate in implementations of encryption technologies in order to develop required standards and guidelines for Federal computer systems, including assessing the desirability of and the costs associated with establishing and managing key recovery infrastructures for Federal Government information.''. SEC. 6. COMPUTER SECURITY REVIEW, PUBLIC MEETINGS, AND INFORMATION. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by inserting after subsection (c), as added by section 5 of this Act, the following new subsection: ``(d)(1) The Institute shall solicit the recommendations of the Computer System Security and Privacy Advisory Board, established by section 21, regarding standards and guidelines that are being considered for submittal to the Secretary of Commerce in accordance with subsection (a)(4). No standards or guidelines shall be submitted to the Secretary prior to the receipt by the Institute of the Board's written recommendations. The recommendations of the Board shall accompany standards and guidelines submitted to the Secretary. ``(2) There are authorized to be appropriated to the Secretary of Commerce $1,000,000 for fiscal year 1998 and $1,030,000 for fiscal year 1999 to enable the Computer System Security and Privacy Advisory Board, established by section 21, to identify emerging issues related to computer security, privacy, and cryptography and to convene public meetings on those subjects, receive presentations, and publish reports, digests, and summaries for public distribution on those subjects.''. SEC. 7. LIMITATION ON PARTICIPATION IN REQUIRING ENCRYPTION STANDARDS. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by adding at the end the following new subsection: ``(g) The Institute shall not promulgate, enforce, or otherwise adopt standards, or carry out activities or policies, for the Federal establishment of encryption standards required for use in computer systems other than Federal Government computer systems.''. SEC. 8. MISCELLANEOUS AMENDMENTS. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3), as amended by this Act, is further amended-- (1) in subsection (b)(8), as so redesignated by section 3(1) of this Act, by inserting ``to the extent that such coordination will improve computer security and to the extent necessary for improving such security for Federal computer systems'' after ``Management and Budget)''; (2) in subsection (e), as so redesignated by section 5(1) of this Act, by striking ``shall draw upon'' and inserting in lieu thereof ``may draw upon''; (3) in subsection (e)(2), as so redesignated by section 5(1) of this Act, by striking ``(b)(5)'' and inserting in lieu thereof ``(b)(8)''; and (4) in subsection (f)(1)(B)(i), as so redesignated by section 5(1) of this Act, by inserting ``and computer networks'' after ``computers''. SEC. 9. FEDERAL COMPUTER SYSTEM SECURITY TRAINING. Section 5(b) of the Computer Security Act of 1987 (49 U.S.C. 759 note) is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(3) to include emphasis on protecting sensitive information in Federal databases and Federal computer sites that are accessible through public networks.''. SEC. 10. COMPUTER SECURITY FELLOWSHIP PROGRAM. There are authorized to be appropriated to the Secretary of Commerce $250,000 for fiscal year 1998 and $500,000 for fiscal year 1999 for the Director of the National Institute of Standards and Technology for fellowships, subject to the provisions of section 18 of the National Institute of Standards and Technology Act (15 U.S.C. 278g- 1), to support students at institutions of higher learning in computer security. Amounts authorized by this section shall not be subject to the percentage limitation stated in such section 18. SEC. 11. STUDY OF PUBLIC KEY INFRASTRUCTURE BY THE NATIONAL RESEARCH COUNCIL. (a) Review by National Research Council.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall enter into a contract with the National Research Council of the National Academy of Sciences to conduct a study of public key infrastructures for use by individuals, businesses, and government. (b) Contents.--The study referred to in subsection (a) shall-- (1) assess technology needed to support public key infrastructures; (2) assess current public and private plans for the deployment of public key infrastructures; (3) assess interoperability, scalability, and integrity of private and public entities that are elements of public key infrastructures; (4) make recommendations for Federal legislation and other Federal actions required to ensure the national feasibility and utility of public key infrastructures; and (5) address such other matters as the National Research Council considers relevant to the issues of public key infrastructure. (c) Interagency Cooperation With Study.--All agencies of the Federal Government shall cooperate fully with the National Research Council in its activities in carrying out the study under this section, including access by properly cleared individuals to classified information if necessary. (d) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Commerce shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report setting forth the findings, conclusions, and recommendations of the National Research Council for public policy related to public key infrastructures for use by individuals, businesses, and government. Such report shall be submitted in unclassified form. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce $450,000 for fiscal year 1998, to remain available until expended, for carrying out this section. SEC. 12. PROMOTION OF NATIONAL INFORMATION SECURITY. The Under Secretary of Commerce for Technology shall-- (1) promote the more widespread use of applications of cryptography and associated technologies to enhance the security of the Nation's information infrastructure; (2) establish a central clearinghouse for the collection by the Federal Government and dissemination to the public of information to promote awareness of information security threats; and (3) promote the development of the national, standards- based infrastructure needed to support commercial and private uses of encryption technologies for confidentiality and authentication. SEC. 13. DIGITAL SIGNATURE INFRASTRUCTURE. (a) National Policy Panel.--The Under Secretary of Commerce for Technology shall establish a National Policy Panel for Digital Signatures. The Panel shall be composed of nongovernment and government technical and legal experts on the implementation of digital signature technologies, individuals from companies offering digital signature products and services, State officials, including officials from States which have enacted statutes establishing digital signature infrastructures, and representative individuals from the interested public. (b) Responsibilities.--The Panel established under subsection (a) shall serve as a forum for exploring all relevant factors associated with the development of a national digital signature infrastructure based on uniform standards that will enable the widespread availability and use of digital signature systems. The Panel shall develop-- (1) model practices and procedures for certification authorities to ensure accuracy, reliability, and security of operations associated with issuing and managing certificates; (2) standards to ensure consistency among jurisdictions that license certification authorities; and (3) audit standards for certification authorities. (c) Administrative Support.--The Under Secretary of Commerce for Technology shall provide administrative support to the Panel established under subsection (a) of this section as necessary to enable the Panel to carry out its responsibilities. SEC. 14. SOURCE OF AUTHORIZATIONS. Amounts authorized to be appropriated by this Act shall be derived from amounts authorized under the National Institute of Standards and Technology Authorization Act of 1997.

Computer Security Enhancement Act of 1997 - Amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology, in fulfilling its responsibilities under the computer standards program, to: (1) upon request from the private sector, assist in establishing voluntary interoperable standards, guidelines, and associated methods and techniques to facilitate and expedite the establishment of non-Federal public key management infrastructures that can be used to communicate with and conduct transactions with the Federal Government; and (2) provide assistance to Federal agencies in the protection of computer networks, and coordinate Federal response efforts related to unauthorized access to Federal computer systems. Requires the Institute to perform evaluation and tests of: (1) information technologies to assess security vulnerabilities; and (2) commercially available security products for their suitability for use by Federal agencies for protecting sensitive information in computer systems. (Sec. 5) Requires the Institute to carry out specified activities in the development of uniform standards and guidelines for the cost-effective security and privacy of sensitive information in certain Federal computer systems. (Sec. 6) Directs the Institute to solicit the recommendations of the Computer System Security and Privacy Advisory Board regarding standards and guidelines that are being considered for submittal to the Secretary of Commerce. Authorizes separate appropriations for FY 1998 and FY 1999 to enable the Board to identify emerging issues related to computer security, privacy, and cryptography and to convene public meetings on those subjects, receive presentations, and publish reports, digests, and summaries for public distribution on those subjects. (Sec. 7) Prohibits the Institute from promulgating, enforcing, or otherwise adopting standards, or carrying out activities or policies, for the Federal establishment of encryption standards required for use in computer systems other than Federal Government computer systems. (Sec. 8) Revises specified requirements, including authorizing (currently, requiring) the Institute, for the purposes of performing research and conducting studies, to draw upon computer system security guidelines developed by the National Security Agency. (Sec. 9) Amends the Computer Security Act of 1987 to revise requirements regarding Federal computer system security training to require such training to include emphasis on protecting sensitive information in Federal databases and Federal computer sites that are accessible through public networks. (Sec. 10) Authorizes appropriations for FY 1998 and 1999 for fellowships to support students at institutions of higher learning in computer security. (Sec. 11) Requires a study by National Research Council of the National Academy of Sciences of public key infrastructures. Authorizes appropriations for carrying out the study. (Sec. 12) Directs the Under Secretary of Commerce for Technology to: (1) promote the more widespread use of cryptography applications and associated technologies to enhance the security of the Nation's information infrastructure; (2) establish a central clearinghouse for the collection by the Federal Government and dissemination to the public of information to promote awareness of information security threats; (3) promote the development of the national, standards-based infrastructure needed to support commercial and private uses of encryption technologies for confidentiality and authentication; and (4) establish a National Policy Panel for Digital Signatures to serve as a forum for exploring all relevant factors associated with the development of a national digital signature infrastructure based on uniform standards that will enable the widespread availability and use of digital signature systems.

Computer Security Enhancement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tire Pile Improvement and Remediation Effectiveness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Solid Waste Disposal Act does not provide for the current stabilization and removal of tire piles. (2) There are currently 3,000,000,000 scrap tires located in tire piles in the United States, and 250,000,000 tires are added to tire piles each year. (3) Tires, once burning, are difficult to extinguish because tires contain oil (providing fuel), and the interstitial spaces between the tires trap air (providing a source of oxygen). (4) Tire pile fires can burn at 2,000 degrees Fahrenheit and put a column of black smoke tens of thousands of feet in the air. (5) Burning tires may produce oil as a byproduct of combustion, and it is estimated that one tire can produce one quart of light fraction oil, an extremely toxic form of oil containing toxic substances such as benzene, toluene, and xylene, which are listed as hazardous air pollutants under the Clean Air Act. (6) At any site where there is a pile of millions of tires, there is a potential for a large amount of oil and other pollutants to be released, presenting a profound threat to public health and the environment. In the past such piles have caught fire, causing extensive damage to property and the environment. (7) Tire piles containing more than 5,000,000 tires pose an immediate potential threat to public health and the environment and should be stabilized and removed with all practicable speed. SEC. 3. STABILIZATION AND REMOVAL OF SCRAP TIRE PILES. Section 2004 of the Solid Waste Disposal Act (42 U.S.C. 6914) is amended-- (1) by striking out the heading and designation for both the section and subsection (a) of the section and inserting in lieu thereof the following: ``SEC. 2004. TIRE GRANTS. ``(a) Grants for Discarded Tire Disposal.--(1)''; (2) by striking out ``(b) Authorization.--'' and inserting in lieu thereof ``(2)''; and (3) by adding at the end the following: ``(b) Grants for Tire Pile Stabilization and Removal.-- ``(1) Grants.--The Administrator shall make available grants to States for purposes of constructing fire lanes in, and removing, tire piles containing 1,000,000 or more tires. ``(2) Priority.-- ``(A) Fire lane construction in piles containing 5,000,000 or more tires.--In awarding grants under this subsection, the Administrator shall give first priority to grants for the construction of fire lanes in tire piles that contain 5,000,000 or more tires and that meet the following criteria: ``(i) The tire pile is located within 10 miles of a community water system, as defined by section 1401 of the Public Health Service Act (42 U.S.C. 300f). ``(ii) The tire pile is located near an area or building, such as a senior retirement community or school, populated by persons who are more sensitive to environmental contaminants. ``(iii) The tire pile is on or adjacent to a facility listed on the National Priorities List under this Act. ``(B) Fire lane construction in piles containing between 1,000,000 and 5,000,000 tires.--In awarding grants under this subsection, the Administrator shall give second priority to grants for the construction of fire lanes in tire piles that contain 1,000,000 or more tires but less than 5,000,000 tires and that meet the criteria listed under subparagraph (A). ``(3) Compliance with guidelines.--Fire lanes constructed using a grant under this subsection shall be in compliance with the guidelines of the National Fire Prevention Association. ``(4) Supplement to existing state programs.--A grant provided under this subsection shall be in addition to, not in lieu of, any State funding provided for tire pile stabilization and removal through a State tire program existing on the date of the enactment of this subsection. ``(5) Application.--A grant may not be awarded under this subsection unless an application is submitted to, and approved by, the Administrator. Such an application shall be submitted in such form and manner, and contain such information, as the Administrator by regulation prescribes. ``(6) Regulations.--The Administrator shall promulgate regulations to administer grants under this subsection. ``(7) Authorization.--There is authorized to be appropriated $25,000,000 for fiscal year 1998 to provide grants under this subsection.''.

Tire Pile Improvement and Remediation Effectiveness Act - Amends the Solid Waste Disposal Act to provide State grants for fire lane construction in, and removal of, certain scrap tire piles. Gives priority to piles near community water systems, schools or retirement communities, or National Priorities List facilities. Authorizes appropriations.

Tire Pile Improvement and Remediation Effectiveness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Product Safety Commission Act of 2015''. SEC. 2. MAKING THE BUREAU AN INDEPENDENT FINANCIAL PRODUCT SAFETY COMMISSION. (a) In General.--The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (1) in section 1011-- (A) in subsection (a)-- (i) by striking ``in the Federal Reserve System,''; (ii) by striking ``independent bureau'' and inserting ``independent commission''; (iii) by striking ``Bureau of Consumer Financial Protection'' and inserting ``Financial Product Safety Commission (hereinafter in this section referred to as the `Commission')''; and (iv) by striking ``Bureau'' each place such term appears and inserting ``Commission''; (B) by striking subsections (b), (c), and (d); (C) by redesignating subsection (e) as subsection (i); (D) in subsection (i), as so redesignated-- (i) by striking ``, including in cities in which the Federal reserve banks, or branches of such banks, are located,''; and (ii) by striking ``Bureau'' each place such term appears and inserting ``Commission''; and (E) by inserting after subsection (a) the following new subsections: ``(b) Authority To Prescribe Regulations.--The Commission may prescribe such regulations and issue such orders in accordance with this title as the Commission may determine to be necessary for carrying out this title and all other laws within the Commission's jurisdiction and shall exercise any authorities granted under this title and all other laws within the Commission's jurisdiction. ``(c) Composition of the Commission.-- ``(1) In general.--The Commission shall be composed of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who-- ``(A) are citizens of the United States; and ``(B) have strong competencies and experiences related to consumer financial products and services. ``(2) Staggering.--The members of the Commission shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 3, 4, and 5 years, respectively. ``(3) Terms.-- ``(A) In general.--Each member of the Commission, including the Chair, shall serve for a term of 5 years. ``(B) Removal.--The President may remove any member of the Commission for inefficiency, neglect of duty, or malfeasance in office. ``(C) Vacancies.--Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term to which that member's predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. ``(D) Continuation of service.--Each member of the Commission may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member's term would otherwise expire. ``(E) Other employment prohibited.--No member of the Commission shall engage in any other business, vocation, or employment. ``(d) Affiliation.--Not more than 3 members of the Commission shall be members of any one political party. ``(e) Chair of the Commission.-- ``(1) Appointment.--The Chair of the Commission shall be appointed by the President from among the members of the Commission. ``(2) Authority.--The Chair shall be the principal executive officer of the Commission, and shall exercise all of the executive and administrative functions of the Commission, including with respect to-- ``(A) the appointment and supervision of personnel employed under the Commission (other than personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chair); ``(B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Commission; and ``(C) the use and expenditure of funds. ``(3) Limitation.--In carrying out any of the Chair's functions under the provisions of this subsection the Chair shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. ``(4) Requests or estimates related to appropriations.-- Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chair without the prior approval of the Commission. ``(f) No Impairment by Reason of Vacancies.--No vacancy in the members of the Commission shall impair the right of the remaining members of the Commission to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Commission because of vacancies in the Commission, 2 members of the Commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Commission because of vacancies in the Commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Commission members to decline to 2. ``(g) Seal.--The Commission shall have an official seal. ``(h) Compensation.-- ``(1) Chair.--The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. ``(2) Other members of the commission.--The 4 other members of the Commission shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code.''; (2) in section 1012(c), by striking paragraphs (2), (3), (4), and (5); and (3) in section 1014(b), by striking ``Not fewer than 6 members shall be appointed upon the recommendation of the regional Federal Reserve Bank Presidents, on a rotating basis.''. (b) Commission Funding.--Section 7 of the Federal Reserve Act (12 U.S.C. 289) is amended by adding at the end the following: ``(d) Transfer For Fiscal Year 2016.-- ``(1) In general.--The Federal reserve banks shall transfer from the surplus funds of such banks to the Board of Governors of the Federal Reserve System for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, a total amount of $75,000,000 in fiscal year 2016. ``(2) Allocated by fed.--Of the total amount required to be paid by the Federal reserve banks under paragraph (1) for fiscal year 2016, the Board of Governors of the Federal Reserve System shall determine the amount each such bank shall pay in such fiscal year. ``(3) Replenishment of surplus fund prohibited.--During fiscal years 2016 through 2026, no Federal reserve bank may replenish such bank's surplus fund by the amount of any transfer by such bank under paragraph (1).''. SEC. 3. DEEMING OF NAME. Any reference in a law, regulation, document, paper, or other record of the United States to the Bureau of Consumer Financial Protection shall be deemed a reference to the Financial Product Safety Commission. SEC. 4. CONFORMING AMENDMENTS. (a) Consumer Financial Protection Act of 2010.-- (1) In general.--Except as provided under paragraph (2), the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (A) by striking ``Director of the Bureau'' each place such term appears, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection, and inserting ``Financial Product Safety Commission''; (B) by striking ``Director'' each place such term appears and inserting ``Financial Product Safety Commission'', other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection; and (C) in section 1002, by striking paragraph (10). (2) Exceptions.--The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (A) in section 1013(c)(3)-- (i) by striking ``Assistant Director of the Bureau for'' and inserting ``Head of the Office of''; and (ii) in subparagraph (B), by striking ``Assistant Director'' and inserting ``Head of the Office''; (B) in section 1013(g)(2)-- (i) by striking ``Assistant director'' and inserting ``Head of the office''; and (ii) by striking ``an assistant director'' and inserting ``a Head of the Office of Financial Protection for Older Americans''; (C) in section 1016(a), by striking ``Director of the Bureau'' and inserting ``Chair of the Financial Product Safety Commission''; and (D) in section 1066(a), by striking ``Director of the Bureau is'' and inserting ``first member of the Commission is''. (b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended-- (1) in section 111(b)(1)(D), by striking ``Director of the Bureau'' and inserting ``Chair of the Financial Product Safety Commission''; and (2) in section 1447, by striking ``Director of the Bureau'' each place such term appears and inserting ``Financial Product Safety Commission''. (c) Electronic Fund Transfer Act.--Section 920(a)(4)(C) of the Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(4)(C)), as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Financial Product Safety Commission''. (d) Expedited Funds Availability Act.--The Expedited Funds Availability Act (12 U.S.C. 4001 et seq.), as amended by section 1086 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' each place such term appears and inserting ``Financial Product Safety Commission''. (e) Federal Deposit Insurance Act.--Section 2 of the Federal Deposit Insurance Act (12 U.S.C. 1812), as amended by section 336(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by striking ``Director of the Consumer Financial Protection Bureau'' each place such term appears and inserting ``Chair of the Financial Product Safety Commission''. (f) Federal Financial Institutions Examination Council Act of 1978.--Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by section 1091 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Consumer Financial Protection Bureau'' and inserting ``Chair of the Financial Product Safety Commission''. (g) Financial Literacy and Education Improvement Act.--Section 513 of the Financial Literacy and Education Improvement Act (20 U.S.C. 9702), as amended by section 1013(d)(5) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director'' each place such term appears and inserting ``Chair of the Financial Product Safety Commission''. (h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' each place such term appears and inserting ``Financial Product Safety Commission''. (i) Interstate Land Sales Full Disclosure Act.--The Interstate Land Sales Full Disclosure Act, as amended by section 1098A of the Consumer Financial Protection Act of 2010, is amended-- (1) by amending section 1402(1) to read as follows: ``(1) `Chair' means the Chair of the Financial Product Safety Commission;''; and (2) in section 1416(a), by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Chair''. (j) Real Estate Settlement Procedures Act of 1974.--Section 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604), as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended-- (1) by striking ``The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the `Director')'' and inserting ``The Financial Product Safety Commission''; and (2) by striking ``Director'' each place such term appears and inserting ``Financial Product Safety Commission''. (k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.), as amended by section 1100 of the Consumer Financial Protection Act of 2010, is amended-- (1) by striking ``Director'' each place such term appears in headings and text, other than where such term is used in the context of the Director of the Office of Thrift Supervision, and inserting ``Financial Product Safety Commission''; and (2) in section 1503, by striking paragraph (10). (l) Title 44, United States Code.--Section 3513(c) of title 44, United States Code, as amended by section 1100D(b) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' and inserting ``Financial Product Safety Commission''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date on which not less than 3 persons have been confirmed by the Senate to serve as members of the Financial Product Safety Commission.

Financial Product Safety Commission Act of 2015 This bill amends the Consumer Financial Protection Act of 2010 to remove the Consumer Financial Protection Bureau from the Federal Reserve System and instead establish an independent Financial Product Safety Commission (FPSC) to regulate the offering and provision of consumer financial products or services. The FPSC shall be composed of five members serving staggered five-year terms who are appointed by the President with the advice and consent of the Senate. Not more than three members shall be of any one political party. The President must appoint a chair of the FPSC from among its members. The bill prohibits the chair from submitting requests for estimates related to appropriations without prior commission approval.

Financial Product Safety Commission Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian Tort Liability Insurance Act''. SEC. 2. AMERICAN INDIAN TORT LIABILITY INSURANCE. (a) Findings.--Congress finds that-- (1) Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. ____ (1998), recognized the increasing interaction between tribal governments, tribal corporations, or individual members of Indian tribes with individuals who are not members of an Indian tribe, on and off Indian reservations (including property held in trust for Indian tribes) in the areas of economic development and commerce; (2) the interaction referred to in paragraph (1) may lead to disputes that could include claims by individuals against tribal governments or tribal organizations as a result of injury in tort; (3) as Justice Kennedy stated in his opinion in Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., the doctrine of tribal immunity asserted by the governing bodies of Indian tribes to shield the Indian tribes from court actions that are necessary to recover for the liability of the governing bodies or tribal organizations of Indian tribes, can ``harm those who are unaware that they are dealing with a tribe, who do not know of tribal immunity, or who have no choice in the matter, as in the case of tort victims''; and (4) in order to provide protection for individuals interacting with tribal governments or organizations-- (A) Indian tribes should maintain tort liability insurance; and (B) tribal immunity should not be used as a basis for the denial of a claim under that tort liability insurance. (b) Definition.--In this section: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribal immunity.--The term ``tribal immunity'' means the immunity of an Indian tribe from-- (A) jurisdiction of the courts; and (B) judicial review of an action of that Indian tribe and other remedies. (4) Tribal organization.--The term ``tribal organization'' has the meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)). (5) Tribal priority allocation.--The term ``tribal priority allocation'' means an allocation to a tribal priority account of an Indian tribe by the Bureau of Indian Affairs to allow that Indian tribe to establish program priorities and funding levels. (c) Indian Tribes as Defendants in Tort Disputes.--Section 1362 of title 28, United States Code, is amended by-- (1) inserting ``(a)'' before ``The district courts''; (2) inserting ``(referred to in this section as an `Indian tribe')'' after ``Interior''; and (3) adding at the end the following: ``(b) Subject to the provisions of chapter 171A, the district courts shall have jurisdiction of civil actions in claims against an Indian tribe for money damages, accruing on or after the date of enactment of this subsection for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of an Indian tribe (including a tribal organization) under circumstances in which the Indian tribe, if a private individual or corporation would be liable to the claimant in accordance with the law of the State where the act or omission occurred. ``(c) Subject to the provisions of chapter 171A, to the extent necessary to enforce this section, the tribal immunity of the Indian tribe involved is waived.''. (d) Tort Liability Insurance.-- (1) In general.-- (A) Insurance.--Except as provided in paragraph (2), not later than 180 days after the enactment of this Act, the Secretary shall obtain or provide tort liability insurance or equivalent coverage, on the most cost-effective basis, for each Indian tribe that receives a tribal priority allocation. (B) Coverage.--The insurance obtained under subparagraph (A) for an Indian tribe shall cover the governing body of the Indian tribe, each tribal organization, of that Indian tribe and each contractor or employer of that Indian tribe, within the scope of that contractor or employer. The coverage shall become effective on the date on which that coverage is obtained. (2) Exception.--If the Secretary determines that an Indian tribe described in paragraph (1) has obtained liability insurance in an amount and of the type that the Secretary determines to be appropriate (including meeting the requirement of paragraph (4)) by the date specified in paragraph (1), the Secretary shall not be required to provide additional coverage for that Indian tribe. (3) Tribal immunity may not be asserted to deny claims.-- Under the liability insurance obtained under paragraph (1) or that the Secretary determines to be appropriate under paragraph (2), tribal immunity may not be asserted by the insurer as a reason for denying a claim for damages resulting from the tort liability of an Indian tribe. (4) Amount of coverage.--In carrying out this subsection, the Secretary shall ensure that each Indian tribe obtains, or is provided, in accordance with this subsection, a sufficient amount of insurance coverage to cover tort liability of the Indian tribe, under chapter 171A of title 28, United States Code. (e) Funding of Tort Liability Insurance.-- (1) Initial payment of insurance premiums.--For the initial payment of insurance premiums for insurance obtained or provided by the Secretary under subsection (d), the Secretary shall take such action as may be necessary to ensure the payment of premiums by the Indian tribe, including adjusting the amount of the tribal priority allocation made to the Indian tribe to cover the cost of the initial payments. (2) Subsequent payments.-- (A) In general.--After an initial payment under paragraph (1), and before the Secretary makes a tribal priority allocation for an Indian tribe, the Secretary shall verify that the Indian tribe-- (i) has insurance coverage that meets the requirements of subsection (d); and (ii) has made such payments for premiums of that insurance as are necessary to provide insurance coverage for the fiscal year for which the tribal priority allocation is to be made. (B) Payment required as a condition to receiving tribal priority allocation.--Notwithstanding any other provision of law, if the Secretary determines under subparagraph (A) that an Indian tribe has not made the payments described in subparagraph (A)(ii), the Secretary shall withhold the tribal priority allocation of that Indian tribe until such time as those payments are made. (f) Jurisdiction of District Courts.--Notwithstanding any other provision of law, the district courts shall have jurisdiction over any action concerning the tort liability of an Indian tribe that is covered under insurance that meets the requirements of subsection (d), and a case to recover damages through an insurer that provides coverage under subsection (d) may be brought without regard to whether remedies under otherwise applicable tribal law have been exhausted. (g) Regulations.--To carry out this section, as soon as practicable after the date of enactment of this section, the Secretary shall issue regulations that-- (1) provide for the amount of insurance coverage or equivalent coverage needed to protect an Indian tribe for the liabilities that may be subject to a claim under chapter 171A if title 28, United States Code; (2) establish a schedule of premiums to be assessed against an Indian tribe that is provided liability insurance under subsection (d); and (3) establish a means to verify the amount, maintenance, and funding of insurance of Indian tribes that obtain and maintain insurance under subsection (d)(3). (h) Indian Tort Claims Procedure.-- (1) In general.--Part 6 of title 28, United States Code, is amended by inserting after chapter 171 the following: ``CHAPTER 171A--INDIAN TORT CLAIMS PROCEDURE ``Sec. ``2691. Definitions. ``2692. Liability of Indian tribes. ``2693. Exceptions; waiver. ``Sec. 2691. Definitions ``In this chapter: ``(1) The term `employee of an Indian tribe' includes-- ``(A) an officer or employee of an Indian tribe (including an officer or employee of a tribal organization); and ``(B) any person acting on behalf of an Indian tribe in an official capacity, temporarily or permanently, whether with or without compensation (other than an employee of the Federal Government or the government of a State or political subdivision thereof who is acting within the scope of the employment of that individual). ``(2) The term `Indian tribe' has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e). ``(3) The term `tribal immunity' means the immunity of an Indian tribe from-- ``(A) jurisdiction of the courts; and ``(B) judicial review of an action of that Indian tribe and other remedies. ``Sec. 2692. Liability of Indian tribes ``(a) Subject to the limitations under subsection (c), an Indian tribe (including a tribal organization) shall be liable for the actions of the employees of that Indian tribe (or tribal organization), relating to tort claims, in the same manner and to the same extent, as a private individual or corporation under like circumstances, but shall not be liable for interest before judgment or for punitive damages. ``(b) Subject to the limitations under subsection (c), in any case described in subsection (a) in which a death was caused and the law of the State where the act or omission complained of occurred provides for punitive damages, the Indian tribe shall, in lieu of being liable for punitive damages, be liable for actual or compensatory damages resulting from that death to each person on behalf of whom action was brought. ``(c)(1) The liability of an Indian tribe or tribal organization may not exceed-- ``(A) $500,000 for each claim made under this chapter; or ``(B) in any case in which more than 1 claim arises from the same occurrence for damages for a tortuous act or omission, an aggregate amount equal to $1,000,000 for those claims. ``(2) If the Secretary of the Interior determines that a limitation on the amount of liability of an Indian tribe under subparagraph (A) or (B) is appropriate, the Secretary of the Interior shall submit to Congress proposed legislation to provide for that increase. ``Sec. 2693. Exceptions; waiver ``(a) The provisions of this chapter and section 1362(b) shall not apply to any case relating to a controversy relating to membership in an Indian tribe. ``(b) With respect to an Indian tribe, to the extent necessary to carry out this chapter, the tribal immunity of that Indian tribe is waived.''. (2) Clerical amendment.--The table of chapters for title 28, United States Code, is amended by inserting after the item relating to chapter 171 the following: ``171A. Indian Tort Claims Procedure........................ 2691''.

American Indian Tort Liability Insurance Act -Grants U.S. district courts jurisdiction of civil actions in claims against an Indian tribe for money damages accruing on or after the enactment of this Act for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of a tribe under circumstances in which the tribe, if it were a private individual or corporation, would be liable to the claimant in accordance with the law of the State where the act or omission occurred. Directs the Secretary of the Interior: (1) within 180 days after the enactment of this Act, to obtain or provide tort liability insurance or equivalent coverage, on the most cost-effective basis, for each tribe that receives a tribal priority allocation (from amounts made available to the Bureau of Indian Affairs for the operation of Indian programs), unless the tribe has obtained appropriate liability insurance by such date; (2) to take actions to ensure the payment of the initial insurance premium by a tribe; and (3) to withhold the tribal priority allocation of a tribe unless and until it makes subsequent premium payments. Prohibits the insurer from asserting tribal immunity as a reason for denying a claim for damages resulting from the tort liability of an Indian tribe. . Grants the district courts jurisdiction over any action concerning the tort liability of a tribe that is covered under such insurance. Permits a case to recover damages through an insurer that provides coverage to be brought without regard to whether remedies under applicable tribal law have been exhausted. Amends the Federal judicial code to set forth Indian tort claims procedure provisions. Makes an Indian tribe liable for actions of its employees relating to tort claims in the same manner and to the same extent as a private individual or corporation, but not for interest before judgment or for punitive damages. Provides that where a death is caused, the tribe shall be liable for actual or compensatory damages in lieu of punitive damages. Prohibits a tribe's or tribal organization's liability from exceeding $500,000 for each claim made or an aggregate of $1 million for claims arising from the same occurrence. Provides that this Act shall not apply to any case relating to a controversy about membership in an Indian tribe. Waives tribal immunity (from jurisdiction of the courts) to the extent necessary to carry out or enforce this Act.

American Indian Tort Liability Insurance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Federal Tax Equity Act''. SEC. 2. EXEMPTION FROM TAX FOR INDIVIDUALS WHO ARE RESIDENTS OF THE DISTRICT OF COLUMBIA. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. RESIDENTS OF THE DISTRICT OF COLUMBIA. ``(a) Residents For Entire Taxable Year.--An individual who is a bona fide resident of the District of Columbia during the entire taxable year shall be exempt from taxation under this chapter for such taxable year. ``(b) Taxable Year of Change of Residence From District of Columbia.-- ``(1) In general.--In the case of an individual who has been a bona fide resident of the District of Columbia for a period of at least 2 years before the date on which such individual changes his residence from the District of Columbia, income which is attributable to that part of such period of District of Columbia residence before such date shall not be included in gross income and shall be exempt from taxation under this chapter. ``(2) Deductions, etc. allocable to excluded amounts not allowable.--An individual shall not be allowed-- ``(A) as a deduction from gross income any deductions (other than the deduction under section 151, relating to personal exemptions), or ``(B) any credit, properly allocable or chargeable against amounts excluded from gross income under this subsection. ``(c) Determination of Residency.--For purposes of this section, the determination of whether an individual is a bona fide resident of the District of Columbia shall be made under regulations prescribed by the Secretary.'' (b) No Wage Withholding.--Paragraph (8) of section 3401(a) of such Code is amended by adding at the end the following new subparagraph: ``(E) for services for an employer performed by an employee if it is reasonable to believe that during the entire calendar year the employee will be a bona fide resident of the District of Columbia; or''. (c) Clerical Amendment.--The table of sections for such part III is amended by striking the last item and inserting the following new item: ``Sec. 137. Residents of the District of Columbia. ``Sec. 138. Cross references to other Acts.'' (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Withholding.--The amendment made by subsection (b) shall apply to remuneration paid after the date of the enactment of this Act. SEC. 3. LIMITATION ON ESTATE AND GIFT TAXES. (a) Estate Tax.-- (1) Subchapter C of chapter 11 of the Internal Revenue Code of 1986 (relating to estate tax) is amended by adding at the end the following new section: ``SEC. 2210. RESIDENTS OF THE DISTRICT OF COLUMBIA. ``For purposes of this chapter, in the case of the estate of a decedent who is a bona fide resident of the District of Columbia at the time of his death-- ``(1) the transfer of such an estate shall be subject to tax under this subchapter (and not subchapter A) as if the decedent were an individual to whom this subchapter applies, and ``(2) the value of the gross estate shall not include tangible property located inside the District of Columbia.'' (2) The table of sections for such subchapter C is amended by adding at the end the following new item: ``Sec. 2210. Residents of the District of Columbia.'' (b) Gift Tax.--Section 2501 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Residents of the District of Columbia.--For purposes of this chapter, a bona fide resident of the District of Columbia shall be treated in the same manner as individuals meeting the requirements of subsection (c).'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 4. CREDIT FOR BUSINESSES OPERATED IN THE DISTRICT OF COLUMBIA. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45C. DISTRICT OF COLUMBIA BUSINESS CREDIT. ``(a) Allowance of Credit.--The District of Columbia business credit determined under this section is an amount equal to the portion of the tax imposed by this chapter which is attributable to the sum of-- ``(1) the taxable income from-- ``(A) the active conduct of a trade or business within the District of Columbia, or ``(B) the sale or exchange of substantially all of the assets used by the taxpayer in the active conduct of such trade or business, and ``(2) the qualified District of Columbia source investment income. ``(b) Qualified District of Columbia Source Investment Income.--For purposes of this section, the term `qualified District of Columbia source investment income' means gross income which-- ``(1) is from sources within the District of Columbia, and ``(2) the taxpayer establishes to the satisfaction of the Secretary is attributable to the investment in the District of Columbia (for use therein) of funds derived from the active conduct of a trade or business in the District of Columbia, or from such investment, less the deductions properly apportioned or allocated thereto.'' (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(12) the District of Columbia business credit determined under section 45C(a).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. STUDY OF FEDERAL REVENUES IN DISTRICT OF COLUMBIA. (a) Effects of Amendments.--The Mayor of the District of Columbia shall conduct a study on the effects of the amendments made by this Act on revenues of the District of Columbia. (b) General Effects of Federal Revenues.--The Mayor of the District of Columbia (in consultation with the Secretary of the Treasury) shall conduct a study of the extent to which the revenues of the District of Columbia are affected by Federal revenues, including revenues attributable to direct Federal payments to the District of Columbia, other Federal Government spending in the District of Columbia, and income of District of Columbia residents which is attributable to Federal sources, and shall include in the study-- (1) an estimate of the percentage of the revenues of the District of Columbia which is attributable to such Federal revenues; (2) recommendations for revisions in Federal law (including the Internal Revenue Code of 1986 and the District of Columbia Self-Government and Governmental Reorganization Act) in addition to the amendments made by this Act which will increase District of Columbia revenues attributable to such Federal revenues and other District of Columbia revenues; and (3) such other recommendations as the Mayor considers appropriate. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Mayor of the District of Columbia shall submit a report to Congress on the studies conducted under this section.

District of Columbia Federal Tax Equity Act - Amends the Internal Revenue Code to exempt residents of the District of Columbia from Federal income tax. Exempts District residents from wage withholding requirements and limits the application of estate and gift taxes on such residents. Allows a general business credit for businesses operating in the District of Columbia. Directs the Mayor of the District of Columbia to report to the Congress on studies on: (1) the effects of this Act on District revenues; and (2) the extent to which the revenues of the District are affected by Federal revenues.

District of Columbia Federal Tax Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Revolving Funds for Schools Act''. SEC. 2. STATE REVOLVING FUND PILOT PROGRAM. (a) Establishment.-- (1) Cooperative agreements.--Subject to the provisions of this section, the Secretary of Education may enter into cooperative agreements with States for the establishment of State revolving funds and multistate revolving funds for making loans to local political subdivisions or local educational agencies for building or repairing elementary or secondary schools which provide free public education. (2) Interstate compacts.--2 or more States may enter into a cooperative agreement under paragraph (1) with the Secretary for the establishment of a multistate revolving fund, to enter into an interstate compact establishing such fund in accordance with this section. (b) Funding.--The Secretary shall make grants to State revolving funds and multistate revolving funds in a State in a cooperative agreement under subsection (a)(1) to provide initial capital for loans provided under this section to local political subdivisions or local educational agencies. Each fund shall apply repayments of principal and interest on loans to the making of additional loans. The Secretary shall take final action on an application for a grant under this subsection within 90 days of the date of the submittal of such application. (c) Revolving Fund Requirements.--In order to establish a revolving fund under this section, each State establishing the fund shall-- (1) meet the matching requirement described in subsection (d); (2) identify an operating entity of the State as recipient of the grant if the entity has the capacity to manage loan funds; (3) allow such funds to be used as reserve for debt issued by the State so long as proceeds are deposited in the fund for loan purposes; (4) ensure that investment income generated by funds contributed to an account of the fund will be-- (A) credited to the account; (B) available for use in providing loans to projects eligible for assistance from the account; and (C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the fund; (5) ensure that any loan from the fund will bear interest at or below the lowest interest rates being offered for bonds the income from which is exempt from Federal taxation, as determined by the State; (6) ensure that repayment of any loan from the fund will commence not later than 1 year after the project has been completed; (7) ensure that the term for repaying any loan will not exceed the projected useful life of the project that is the subject of the loan; and (8) require the fund to make an annual report to the Secretary on its status and make such other reports as the Secretary may require by guidelines. (d) Matching Requirement.--In order to meet the matching requirement, each State establishing a revolving fund shall-- (1) contribute, at a minimum, in each account of the fund from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the fund under subsection (b); or (2) require for any project financed from the fund that the local political subdivision or educational agency contribute at least 20 percent of the cost of such project from non-Federal sources. (e) Forms of Assistance From Revolving Funds.-- (1) In general.--A revolving fund established under this section may make loans to a local educational agency in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. In the case of a project which meets the requirement of subsection (d)(2), a revolving fund established under this section may make loans to a local educational agency in an amount equal to up to 80 percent of the cost of carrying out a project eligible for assistance under this section. (2) Applications for loans.--An application to a revolving fund by a local educational agency for a loan shall include-- (A) in the case of a renovation project, a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds under a loan and the priorities to be applied; (B) a description of the criteria used by the applicant to determine the type of corrective action necessary for the renovation of a facility; (C) a description of improvements to be made and a cost estimate for the improvements; and (D) such other information as the revolving fund may require. A revolving fund shall take final action on a completed application submitted to it within 90 days after the date of its submittal. (3) Criteria for loans.--In considering applications for a loan, a revolving fund shall consider-- (A) the extent to which the local educational agency involved lacks the fiscal capacity, including the ability to raise funds through the full use of such agency's bonding capacity and otherwise, to undertake the project for which the loan would be used without the loan; (B) the threat that the condition of the physical plant in the project poses to the safety and well-being of students; (C) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility in the project; and (D) the age of such facility. (f) Qualifying Projects.--A project is eligible for a loan from a revolving fund if it is a project that consists of-- (1) the construction of new elementary or secondary schools to meet the needs imposed by enrollment growth; (2) the repair or upgrading of classrooms or structures related to academic learning, including the repair of leaking roofs, crumbling walls, inadequate plumbing, poor ventilation equipment, and inadequate heating or light equipment; (3) an activity to increase physical safety at the educational facility involved; (4) an activity to enhance the educational facility involved to provide access for students, teachers, and other individuals with disabilities; (5) an activity to address environmental hazards at the educational facility involved, such as poor ventilation, indoor air quality, or lighting; (6) the provision of basic infrastructure that facilitates educational technology, such as communications outlets, electrical systems, power outlets, or a communication closet; (7) work that will bring an educational facility into conformity with the requirements of-- (A) environmental protection or health and safety programs mandated by Federal, State, or local law if such requirements were not in effect when the facility was initially constructed; and (B) hazardous waste disposal, treatment, and storage requirements mandated by the Resource Conservation and Recovery Act of 1976 or similar State laws; and (8) work to detect, remove, or otherwise contain asbestos hazards in educational facilities. (g) Loan Forgiveness.--A State may forgive all or part of any loan described in this section if the total projected principal and interest repayments for all loans granted by the State and not forgiven under this subsection equal or exceed the combined total of all Federal capitalization grants provided to the State and any matching funds described in subsection (d)(1) provided by the State. (h) Supplementation.--Any loan made by a revolving fund shall be used to supplement and not supplant other Federal, State, and local funds available. (i) Limitation on Repayments.--Notwithstanding any other provision of law, the repayment of a loan from a revolving fund under this section may not be credited toward the non-Federal share of the cost of any project. (j) Secretarial Requirements.--In administering this section, the Secretary shall specify procedures and guidelines for establishing, operating, and providing assistance from a revolving fund. (k) United States Not Obligated.--The contribution of Federal funds into a revolving fund established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the revolving fund shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (l) Management of Federal Funds.--Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (m) Program Administration.--For each of fiscal years 2002 through 2006, a State may expend an amount not to exceed 2 percent of the Federal funds contributed to a revolving fund established by the State under this section to pay the reasonable costs of administering the fund. (n) Secretarial Review.--The Secretary shall review the financial condition of each revolving fund established under this section biennially and transmit to Congress a report on the results of such review not later than 90 days after the completion of the review. (o) Authorization of Appropriations.--For grants to States for the initial capitalization of revolving funds there are authorized to be appropriated $1,000,000,000 for fiscal year 2002 and for each of the 4 succeeding fiscal years. SEC. 3. DEFINITIONS. The terms used in this Act shall have the meaning given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).

State Revolving Funds for Schools Act - Establishes a pilot program of State revolving funds for school construction.Authorizes the Secretary of Education to enter into cooperative agreements with States for the establishment of State revolving funds and multistate revolving funds for making loans to local political subdivisions or local educational agencies for building or repairing public elementary or secondary schools.

To establish State revolving funds for school construction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reach Every Mother and Child Act of 2015''. SEC. 2. PURPOSE. The purpose of this Act is to implement a strategic approach for providing foreign assistance in order to end preventable maternal, newborn, and child deaths globally within a generation. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (3) Coordinator.--The term ``Coordinator'' means the Child and Maternal Survival Coordinator established under section 6. (4) Target countries.--The term ``target countries'' means specific countries that have the greatest need and highest burden of maternal and child deaths, taking into consideration countries that-- (A) have high-need communities in fragile states or conflict-affected states; (B) are low- or middle-income countries; or (C) are located in regions with weak health systems. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States, in partnership with target countries, other donor country governments, international financial institutions, nongovernmental organizations, international organizations, multilateral organizations, and the private sector to establish and implement a coordinated, integrated, and comprehensive strategy to combat the leading causes of maternal, newborn, and child mortality globally and ensure healthy lives by-- (1) scaling up the most effective, evidence-based interventions, including for the most vulnerable populations, with a focus on country ownership; (2) designing, implementing, monitoring, and evaluating programs in a way that enhances transparency and accountability, increases the sustainability, and improves outcomes in target countries; (3) supporting the development and scale up of innovative tools and approaches to accelerate progress toward ending preventable maternal, newborn, and child deaths; and (4) utilizing and expanding the use of innovative public- private financing mechanisms. SEC. 5. STRATEGY. (a) In General.--Not later than one year after the date of the enactment of this Act, the President shall establish and implement a comprehensive five-year, whole-of-government strategy to achieve, with target countries and donors, the goal of ending preventable maternal, newborn, and child deaths globally and ensure healthy and productive lives within a generation. (b) Elements.--The strategy established under subsection (a) shall-- (1) set outcome-based targets to achieve the goals of the strategy and ascertain baseline data relevant for each target country and for all areas of focus and programming as of the date of the release of the strategy; (2) building on the evidence outlined in USAID's ``Acting on the Call: Ending Preventable Child and Maternal Deaths'', include specific objectives, programs, and approaches to utilize highest impact evidence-based interventions to address the leading causes of death among-- (A) women during pregnancy, childbirth, and post delivery; (B) newborns in their first 28 days; and (C) children under the age of five, particularly among the most vulnerable populations; (3) include development and scale up of new technologies and approaches, including those supported by public-private partnerships for research and innovation; (4) promote coordination and efficiency within and amongst the relevant executive branch agencies and initiatives, including the United States Agency for International Development, the Department of State, the Department of Health and Human Services, the Centers for Disease Control and Prevention, the National Institutes of Health, the Millennium Challenge Corporation, the Peace Corps, the Department of the Treasury, the Office of the Global AIDS Coordinator, and the President's Malaria Initiative; (5) project general levels of resources needed to achieve the strategy's stated objectives; (6) identify strategies for leveraging resources in new and innovative ways; (7) align with country-driven maternal, newborn, and child health and survival plans and improve coordination with foreign governments and international organizations; and (8) outline consultations with governments, international financial institutions, nongovernmental organizations, local and international civil society groups, multilateral organizations, the private sector, and local health workers and professional associations, as appropriate. SEC. 6. ESTABLISHMENT OF CHILD AND MATERNAL SURVIVAL COORDINATOR. (a) In General.--The President, acting through the Administrator, shall designate a current USAID employee serving in a career or non- career position in the Senior Executive Service or at the level of a Deputy Assistant Administrator or higher to serve concurrently as the Child and Maternal and Survival Coordinator, who shall be responsible for-- (1) overseeing the strategy established under section 5; and (2) all United States Government funds appropriated or used for international maternal and child health and nutrition programs. (b) Duties.--The Coordinator shall-- (1) have the primary responsibility for the oversight and coordination of all resources and international activities of the United States Government appropriated or used for international maternal and child health and nutrition programs; (2) direct the budget, planning, and staffing to implement international maternal and child health and nutrition projects and programs for the purpose of achieving reductions in preventable maternal, newborn, and child deaths; (3) lead implementation and revision, not less frequently than once every 5 years, of the strategy established under section 5(a); (4) coordinate with relevant executive branch agencies, governments of partner countries, nongovernmental organizations, local civil society organizations, and private sector entities to carry out the strategy established under section 5(a) and to align current and future instruments with high-impact, evidence-based interventions to save lives; (5) provide direction to the design and oversight of grants, contracts, and cooperative agreements with nongovernmental organizations (including faith-based, community-based, and civil society organizations) and private sector entities for the purpose of carrying out the strategy established under section 5(a); and (6) report directly to the Administrator regarding implementation of the strategy established under section 5(a). (c) Restriction on Additional or Supplemental Compensation.--The Coordinator shall receive no additional or supplemental compensation as a result of carrying out responsibilities and duties under this Act. SEC. 7. AUTHORITY TO ASSIST IN IMPLEMENTATION OF THE STRATEGY. (a) In General.--The President shall provide assistance to implement the strategy established under section 5(a). (b) Focus on Impact.-- (1) Targets for increased implementation required.--USAID grants, contracts, and cooperative agreements for the purposes of the strategy established under section 5(a) shall be required to include targets for increased implementation of high-impact, evidence-based interventions and strengthening health systems, as appropriate, including the establishment of baseline measurements from which to quantify progress. (2) Exception.--In exceptional circumstances where USAID deems that inclusion of coverage targets or baseline measures are not reasonable or practicable for the grant, contract, or cooperative agreement, the funding mechanism shall include an explanation of the omission and explicitly how measurable impact will be targeted and tracked. SEC. 8. REPORTS. (a) Report Required.--The President shall update Congress on progress made to achieve the strategy established under section 5(a) as well as progress toward the goals set forth in USAID's 2014 ``Acting on the Call: Ending Preventable Child and Maternal Deaths'' report by submitting an annual report to the appropriate congressional committees and making all report data publicly available. (b) Information Included in Report.--A report submitted under subsection (a) shall include the following: (1) Indicators of progress made by United States Government programs carried out under international maternal and child health and nutrition programs for the purposes of improving maternal, newborn, and child health, particularly among the most vulnerable populations, in each target country and overall, including-- (A) number of maternal, newborn, and child deaths averted; (B) percentage of births attended by skilled health personnel; (C) density of health workforce (number of health professionals per population); (D) descriptions of the measured or estimated impact on maternal, newborn, and child survival of each ongoing program or project; and (E) any other targets identified by the Coordinator as essential to meeting the goals of the strategy for ending preventable maternal, newborn, and child deaths. (2) Assessments of progress made toward achieving the targets set forth under paragraph (1). (3) Descriptions of how the interventions or programs are designed-- (A) to increase activities in target countries; (B) to reach underserved, marginalized, and impoverished populations; (C) to address causes of maternal, newborn, and child mortality with innovative efforts and interventions posed to go to scale; (D) to invest in activities that empower women, support voluntarism, and provide respectful maternity care; (E) to improve transparency and accountability at all levels and include common metrics for tracking progress; (F) to ensure that high-impact, evidence-based interventions are prioritized; and (G) to expand access to quality services through community-based approaches and include community accountability measures. (4) Reporting on each aspect of the strategy established under section 5(a), including-- (A) multi-sectoral approaches, specific strategies, and programming utilizing high-impact, evidence-based interventions to address the leading causes of preventable maternal, newborn, and child deaths; (B) activities to develop and scale up new technologies and approaches, including those identified by public-private partnerships for research and innovation; (C) coordination with United States agencies, foreign governments, nongovernmental organizations, and international organizations; (D) methods used to leverage new financial and other public and private resources in innovative ways; and (E) best practices identified by the executive branch. (5) Reporting on grants, contracts, and cooperative agreements awarded, including-- (A) a comprehensive list of USAID grants, contracts, and cooperative agreements awarded in implementation of the strategy established under section 5(a); and (B) a description of-- (i) the targets for coverage of interventions or services and the baseline against which they are measured and the status of progress in meeting the targets; or (ii) in the case of exceptional circumstances where USAID determines that inclusion of targets or baseline measurements is not reasonably possible, an explanation of how the impact of the grant, contract, agreement, or resulting program is being measured. (6) Reporting on the innovative public-private financing tools, including an analysis of the feasibility and potential effectiveness of new financing tools that could be used to fund efforts to end preventable maternal, newborn, and child deaths globally. SEC. 9. INNOVATIVE PUBLIC-PRIVATE FINANCING TOOLS. (a) In General.--In addition to existing bilateral and multilateral assistance for maternal, newborn, and child survival, the United States Government, through USAID and other relevant executive branch agencies identified by the Coordinator, should identify and remove financial barriers to strengthen access to delivery systems that reach vulnerable and marginalized populations. This can be accomplished through the utilization of new and existing tools that leverage public and private capital to expand delivery of high-impact, evidence-based interventions for international maternal, newborn, and child health. (b) Authorities.--To carry out provisions of this Act, USAID is authorized-- (1) to grant loans; (2) to set aside funds for use in the implementation of financing tools; (3) to establish and use a financial intermediary to implement new financing tools, as appropriate; (4) to issue sovereign level guarantees; and (5) to make equity investments.

Reach Every Mother and Child Act of 2015 This bill directs the President to: establish a five-year strategy to achieve, with target countries and donors, the goal of ending preventable maternal, newborn, and child deaths globally and ensure healthy and productive lives within a generation; and provide assistance to implement the strategy. The President shall designate a current U.S. Agency for International Development (USAID) employee serving in the Senior Executive Service or at the level of a Deputy Assistant Administrator or higher to serve concurrently as the Maternal and Child Survival Coordinator, who shall be responsible for: overseeing such strategy, and all U.S. government funds appropriated or used for international maternal and child health and nutrition programs. The U.S. government, through USAID and other relevant executive branch agencies, should identify and remove financial barriers to strengthen access to delivery systems for vulnerable and marginalized populations by leveraging public and private capital to expand delivery of interventions for maternal, newborn, and child health.

Reach Every Mother and Child Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Entitlement Reform Commission Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Comprehensive Entitlement Reform Commission established under section 3. (2) Medicaid.--The term ``Medicaid'' means the program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) Medicare.--The term ``Medicare'' means the program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (4) Social security.--The term ``Social Security'' means the program of old-age, survivors, and disability insurance benefits established under title II of the Social Security Act (42 U.S.C. 401 et seq.). SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``Comprehensive Entitlement Reform Commission''. SEC. 4. PURPOSE. The Commission will review Social Security, Medicare, and Medicaid and make comprehensive recommendations to sustain the solvency and stability of these three programs for future generations. SEC. 5. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall conduct a comprehensive review of Social Security, Medicare, and Medicaid consistent with the purpose specified in section 4 and shall submit the report required under subsection (b). (b) Report.-- (1) Report.--Not later than 1 year after the selection of the 2 Co-Chairpersons and the Executive Director of the Commission, the Commission shall prepare and submit a final report that contains a detailed statement of the recommendations, findings, and conclusions of the Commission to the appropriate Committees of Congress and the President. (2) Public availability.--The report submitted under this subsection shall be made available to the public. SEC. 6. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 8 members, to be appointed as follows: (1) The majority leader of the Senate shall appoint 2 members. (2) The minority leader of the Senate shall appoint 2 members. (3) The Speaker of the House of Representatives shall appoint 2 members. (4) The minority leader of the House of Representatives shall appoint 2 members. (b) Prohibited Appointments.--Members of the Commission shall not include Members of Congress or other elected Federal, State, or local government officials. (c) Period of Appointment.--Each member shall be appointed for the life of the Commission. Any vacancies shall not affect the power and duties of the Commission but shall be filled in the same manner as the original appointment. (d) Date.--Members of the Commission shall be appointed by not later than 30 days after the date of enactment of this Act. (e) Initial Organization Period.--Not later than 60 days after the date of enactment of this Act, the Commission shall develop and implement a schedule for completion of the review and report required under section 5. (f) Co-Chairpersons.--The Commission shall select 2 Co-Chairpersons from among its members. (g) Termination.--The Commission shall terminate on the date that is 30 days after the date on which the Commission submits the report required under section 5(b)(1). SEC. 7. ADMINISTRATION. (a) Quorum.--Five members of the Commission shall constitute a quorum for purposes of voting, but a quorum is not required for members to meet and hold hearings. (b) Meetings.-- (1) In general.--The Commission shall meet at the call of the Co-Chairpersons or a majority of its members. (2) Open meetings.--Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. (c) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (d) Travel Expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Commission. (e) Staff.-- (1) Executive director.--The Commission shall have a staff headed by an Executive Director. The Executive Director shall be paid at a rate equivalent to a rate established for the Senior Executive Service under section 5382 of title 5, United States Code. (2) Staff appointment.--With the approval of the Commission, the Executive Director may appoint such personnel as the Executive Director determines to be appropriate. (3) Actuarial experts and consultants.--With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Detail of government employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (5) Other resources.--The Commission shall have reasonable access to materials, resources, statistical data, and other information such Commission determines to be necessary to carry out its duties from the Library of Congress, the Chief Actuary of Social Security, the Congressional Budget Office, and other agencies and elected representatives of the executive and legislative branches of the Federal Government. The Co- Chairpersons of the Commission shall make requests for such access in writing when necessary. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated for fiscal year 2006, $1,500,000 to carry out the purposes of this Act. (b) Availability.--Any sums appropriated under the subsection (a) shall remain available, without fiscal year limitation, until expended.

Comprehensive Entitlement Reform Commission Act of 2005 - Establishes the Comprehensive Entitlement Reform Commission to review Social Security, Medicare, and Medicaid and make comprehensive recommendations to sustain the solvency and stability of these programs for future generations.

To establish the Comprehensive Entitlement Reform Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Drug Coverage Parity Act of 2009''. SEC. 2. PARITY IN COVERAGE FOR ORAL CANCER DRUGS. (a) Group Health Plans.-- (1) ERISA.-- (A) The Employee Retirement Income Security Act of 1974 is amended by inserting after section 714 the following new section: ``SEC. 715. PARITY IN COVERAGE FOR ORAL CANCER DRUGS. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides benefits with respect to intravenously administered or injected cancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells. The coverage for such medication may be subject to annual deductibles and coinsurance provisions as may be applicable to intravenously administered or injected cancer medications under the plan or coverage. Written notice of the availability of such coverage shall be delivered to participants upon enrollment and annually thereafter. ``(b) Application of Notice, Prohibitions, etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section.''. (B) The table of contents of such Act is amended by inserting after the item relating to section 714 the following new item: ``Sec. 715. Parity in coverage for oral cancer drugs.''. (2) PHSA.--Title XXVII of the Public Health Service Act is amended by inserting after section 2707 the following new section: ``SEC. 2708. PARITY IN COVERAGE FOR ORAL CANCER DRUGS. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides benefits with respect to intravenously administered or injected cancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells. The coverage for such medication may be subject to annual deductibles and coinsurance provisions as may be applicable to intravenously administered or injected cancer medications under the plan or coverage. Written notice of the availability of such coverage shall be delivered to participants upon enrollment and annually thereafter. ``(b) Application of Notice, Prohibitions, etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the Employee Retirement Income Security Act of 1974 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section.''. (3) IRC.-- (A) Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9813. PARITY IN COVERAGE FOR ORAL CANCER DRUGS. ``(a) In General.--A group health plan that provides benefits with respect to intravenously administered or injected cancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells. The coverage for such medication may be subject to annual deductibles and coinsurance provisions as may be applicable to intravenously administered or injected cancer medications under the plan. Written notice of the availability of such coverage shall be delivered to participants upon enrollment and annually thereafter. ``(b) Application of Notice, Prohibitions, etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the Employee Retirement Income Security Act of 1974 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section.''. (B) The table of sections for such subchapter is amended by adding at the end the following new item: ``9813. Parity in coverage for oral cancer drugs.''. (b) Individual Health Insurance Coverage.--Title XXVII of the Public Health Service Act is amended by inserting after section 2753 the following new section: ``SEC. 2754. PARITY IN COVERAGE FOR ORAL CANCER DRUGS. ``The provisions of section 2708 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Date.-- (1) Group health plans.--The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning after the date that is 1 year after the date of enactment of this Act. (2) Individual health insurance coverage.--The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after the date that is 1 year after the date of enactment of this Act.

Cancer Drug Coverage Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code of 1986 to require a group health plan providing benefits for intravenously administered or injected cancer medications to provide no less favorable coverage for prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells. Applies such requirement to individual health insurance coverage.

To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to require group and individual health insurance coverage and group health plans to provide for coverage of oral cancer drugs on terms no less favorable than the coverage provided for intravenously administered anticancer medications.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Entrepreneur Soldiers Empowerment Act''. SEC. 2. VETERANS BUSINESS OUTREACH CENTERS AND TECHNICAL AND MENTORING ASSISTANCE COMMITTEES. (a) Establishment.--Section 32 of the Small Business Act (15 U.S.C. 657c) is amended by adding at the end the following new subsections: ``(c) Veterans Business Outreach Centers.-- ``(1) Establishment.--The Administrator, acting through the Associate Administrator for Veterans Business Development, shall establish Veterans Business Outreach Centers to offer business planning assistance to veterans. ``(2) Number and location.--The Administrator shall establish not less than one Veterans Business Outreach Center in each geographic region. ``(3) Duties.--The duties of each Veterans Business Outreach Center are as follows: ``(A) To provide business planning assistance to veterans. ``(B) To offer information about continuity planning for small businesses in the event of an owner or essential employee who is a member of the National Guard or Reserve Components of the Armed Forces being called to serve on active duty. ``(d) Technical and Mentoring Assistance Committees.-- ``(1) Establishment.--The Administrator, acting through the Associate Administrator for Veterans Business Development, shall establish a Technical and Mentoring Assistance Committee in each District Office service location where no Veterans Business Outreach Center has been established. ``(2) Responsibilities.--A Technical and Mentoring Assistance Committee established pursuant to paragraph (1) shall-- ``(A) identify and recruit local volunteers to serve as veterans business mentors to provide assistance and guidance to members of the Reserve Component who own small businesses or are entrepreneurs and to the family members of such members and the caretakers of such member's businesses while such members are serving on active duty; ``(B) plan and initiate training and outreach seminars and programs designed to support small business ownership among members of the Reserve Component, their family members, veterans, and service- disabled veterans; ``(C) prepare a plan every five years and submit such plan to the Administrator for approval; and ``(D) prepare and submit to the Administrator an annual budget request based on the plan and the State veteran population. ``(3) Membership.-- ``(A) In general.--Each Technical and Mentoring Assistance Committee shall be composed of members appointed by the Administrator and shall include the following individuals: ``(i) The District Director of the Administration or the Regional Administrator. ``(ii) The Director of Veterans Affairs for each State served by the Committee. ``(iii) The Director of the Small Business Development Center for each State served by the Committee. ``(B) Volunteer members.--The Administrator shall consult with and encourage the voluntary participation as members of the Committee of the following individuals: ``(i) The Director of Economic Development for each State served by the Committee. ``(ii) The Director of the Employer Support of the Guard and Reserve for each State served by the Committee. ``(iii) The Adjutant General of the National Guard for each State served by the Committee. ``(iv) The Director of the Service Corps of Retired Executives for each State served by the Committee. ``(v) Small business owners who are veterans and members of the Reserve Component. ``(vi) Representatives of State and local small business associations. ``(vii) The State adjutants of Congressionally chartered veterans service organizations. ``(viii) Small business owners and mentors who are veterans and who have expertise in the following areas: ``(I) Lending. ``(II) Accounting. ``(III) Insurance. ``(IV) Taxation. ``(V) Legal service. ``(VI) Business planning. ``(VII) Marketing. ``(4) No compensation.--Members of the Technical and Mentoring Assistance Committees shall serve without pay.''. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out subparagraphs (c) and (d) of section 32 of the Small Business Act (15 U.S.C. 657c), as added by subsection (a)-- (1) $200,000 for each Veterans Business Outreach Center established pursuant to section 32(c) of such Act for fiscal year 2006 and each subsequent fiscal year; and (2) $20,000 for each Technical and Mentoring Assistance Committee established pursuant to section 32(d) of such Act for fiscal year 2006 and each subsequent fiscal year.

Entrepreneur Soldiers Empowerment Act - Amends the Small Business Act to direct the Administrator of the Small Business Administration, acting through the Associate Administrator for Veterans Business Development, to establish: (1) at least one Veterans Business Outreach Center in each geographic region; and (2) a Technical and Mentoring Assistance Committee in each District Office service location where no such Center has been established.

To direct the Administrator of the Small Business Administration to establish Veterans Business Outreach Centers and Technical Mentoring Assistance Committees.

SECTION 1. SHORT TITLE; CONSTITUTIONAL AUTHORITY. (a) Short Title.--This Act may be cited as the ``Health Care Access and Availability Act of 2000''. (b) Constitutional Authority To Enact This Legislation.--The constitutional authority upon which this Act rests is the power of Congress to regulate commerce with foreign nations and among the several States, set forth in article I, section 8 of the United States Constitution. SEC. 2. EXPANSION OF ACCESS AND CHOICE THROUGH INDIVIDUAL MEMBERSHIP ASSOCIATIONS (IMAS). The Public Health Service Act is amended by adding at the end the following new title: ``TITLE XXVIII--INDIVIDUAL MEMBERSHIP ASSOCIATIONS ``SEC. 2801. DEFINITION OF INDIVIDUAL MEMBERSHIP ASSOCIATION (IMA). ``(a) In General.--For purposes of this title, the terms `individual membership association' and `IMA' mean a legal entity that meets the following requirements: ``(1) Organization.--The IMA is an organization operated under the direction of an association (as defined in section 2804(1)). ``(2) Offering health benefits coverage.-- ``(A) Different groups.--The IMA, in conjunction with those health insurance issuers that offer health benefits coverage through the IMA, makes available health benefits coverage in the manner described in subsection (b) to all members of the IMA and the dependents of such members in the manner described in subsection (c)(2) at rates that are established by the health insurance issuer on a policy or product specific basis and that may vary only as permissible under State law. ``(B) Nondiscrimination in coverage offered.-- ``(i) In general.--Subject to clause (ii), the IMA may not offer health benefits coverage to a member of an IMA unless the same coverage is offered to all such members of the IMA. ``(ii) Construction.--Nothing in this title shall be construed as requiring or permitting a health insurance issuer to provide coverage outside the service area of the issuer, as approved under State law, or preventing a health insurance issuer from excluding or limiting the coverage on any individual, subject to the requirement of section 2741. ``(C) No financial underwriting.--The IMA provides health benefits coverage only through contracts with health insurance issuers and does not assume insurance risk with respect to such coverage. ``(3) Geographic areas.--Nothing in this title shall be construed as preventing the establishment and operation of more than one IMA in a geographic area or as limiting the number of IMAs that may operate in any area. ``(4) Provision of administrative services to purchasers.-- ``(A) In general.--The IMA may provide administrative services for members. Such services may include accounting, billing, and enrollment information. ``(B) Construction.--Nothing in this subsection shall be construed as preventing an IMA from serving as an administrative service organization to any entity. ``(5) Filing information.--The IMA files with the Secretary information that demonstrates the IMA's compliance with the applicable requirements of this title. ``(b) Health Benefits Coverage Requirements.-- ``(1) Compliance with consumer protection requirements.-- Any health benefits coverage offered through an IMA shall-- ``(A) be underwritten by a health insurance issuer that-- ``(i) is licensed (or otherwise regulated) under State law, ``(ii) meets all applicable State standards relating to consumer protection, subject to section 2802(2), and ``(iii) offers the coverage under a contract with the IMA; and ``(B) subject to paragraph (2) and section 2902(2), be approved or otherwise permitted to be offered under State law. ``(2) Examples of types of coverage.--The benefits coverage made available through an IMA may include, but is not limited to, any of the following if it meets the other applicable requirements of this title: ``(A) Coverage through a health maintenance organization. ``(B) Coverage in connection with a preferred provider organization. ``(C) Coverage in connection with a licensed provider-sponsored organization. ``(D) Indemnity coverage through an insurance company. ``(E) Coverage offered in connection with a contribution into a medical savings account or flexible spending account. ``(F) Coverage that includes a point-of-service option. ``(G) Any combination of such types of coverage. ``(3) Health insurance coverage options.--An IMA shall include a minimum of 2 health insurance coverage options. At least 1 option shall meet all applicable State benefit mandates. ``(4) Wellness bonuses for health promotion.--Nothing in this title shall be construed as precluding a health insurance issuer offering health benefits coverage through an IMA from establishing premium discounts or rebates for members or from modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention so long as such programs are agreed to in advance by the IMA and comply with all other provisions of this title and do not discriminate among similarly situated members. ``(c) Members; Health Insurance Issuers.-- ``(1) Members.-- ``(A) In general.--Under rules established to carry out this title, with respect to an individual who is a member of an IMA, the individual may apply for health benefits coverage (including coverage for dependents of such individual) offered by a health insurance issuer through the IMA. ``(B) Rules for enrollment.--Nothing in this paragraph shall preclude an IMA from establishing rules of enrollment and reenrollment of members. Such rules shall be applied consistently to all members within the IMA and shall not be based in any manner on health status-related factors. ``(2) Health insurance issuers.--The contract between an IMA and a health insurance issuer shall provide, with respect to a member enrolled with health benefits coverage offered by the issuer through the IMA, for the payment of the premiums collected by the issuer. ``SEC. 2802. APPLICATION OF CERTAIN LAWS AND REQUIREMENTS. ``State laws insofar as they relate to any of the following are superseded and shall not apply to health benefits coverage made available through an IMA: ``(1) Benefit requirements for health benefits coverage offered through an IMA, including (but not limited to) requirements relating to coverage of specific providers, specific services or conditions, or the amount, duration, or scope of benefits, but not including requirements to the extent required to implement title XXVII or other Federal law and to the extent the requirement prohibits an exclusion of a specific disease from such coverage. ``(2) Any other requirements (including limitations on compensation arrangements) that, directly or indirectly, preclude (or have the effect of precluding) the offering of such coverage through an IMA, if the IMA meets the requirements of this title. Any State law or regulation relating to the composition or organization of an IMA is preempted to the extent the law or regulation is inconsistent with the provisions of this title. ``SEC. 2803. ADMINISTRATION. ``(a) In General.--The Secretary shall administer this title and is authorized to issue such regulations as may be required to carry out this title. Such regulations shall be subject to Congressional review under the provisions of chapter 8 of title 5, United States Code. The Secretary shall incorporate the process of `deemed file and use' with respect to the information filed under section 2801(a)(5)(A) and shall determine whether information filed by an IMA demonstrates compliance with the applicable requirements of this title. The Secretary shall exercise authority under this title in a manner that fosters and promotes the development of IMAs in order to improve access to health care coverage and services. ``(b) Periodic Reports.--The Secretary shall submit to Congress a report every 30 months, during the 10-year period beginning on the effective date of the rules promulgated by the Secretary to carry out this title, on the effectiveness of this title in promoting coverage of uninsured individuals. The Secretary may provide for the production of such reports through one or more contracts with appropriate private entities. ``SEC. 2804. DEFINITIONS. ``For purposes of this title: ``(1) Association.--The term `association' means, with respect to health insurance coverage offered in a State, an association which-- ``(A) has been actively in existence for at least 5 years; ``(B) has been formed and maintained in good faith for purposes other than obtaining insurance; ``(C) does not condition membership in the association on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee); and ``(D) does not make health insurance coverage offered through the association available other than in connection with a member of the association. ``(2) Dependent.--The term `dependent', as applied to health insurance coverage offered by a health insurance issuer licensed (or otherwise regulated) in a State, shall have the meaning applied to such term with respect to such coverage under the laws of the State relating to such coverage and such an issuer. Such term may include the spouse and children of the individual involved. ``(3) Health benefits coverage.--The term `health benefits coverage' has the meaning given the term health insurance coverage in section 2791(b)(1). ``(4) Health insurance issuer.--The term `health insurance issuer' has the meaning given such term in section 2791(b)(2). ``(5) Health status-related factor.--The term `health status-related factor' has the meaning given such term in section 2791(d)(9). ``(6) IMA; individual membership association.--The terms `IMA' and `individual membership association' are defined in section 2801(a). ``(7) Member.--The term `member' means, with respect to an IMA, an individual who is a member of the association to which the IMA is offering coverage.''.

Amends the Public Health Service Act to allow health benefits coverage through individual membership associations (IMAs). Sets forth IMA requirements, including that the IMA be an organization operated under the direction of an association and that IMA health benefits coverage only be provided through contracts with health insurance issuers. Requires IMAs to include a minimum of two health insurance coverage options.

Health Care Access and Availability Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``225th Anniversary of the American Revolution Commemoration Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the American Revolution, inspired by the spirit of liberty and independence among the inhabitants of the original 13 English colonies, was an event of global significance having a profound and lasting effect on the government, laws, culture, society, and values of the United States; (2) the years 2000 through 2008 mark the 225th anniversary of the American Revolution; (3) citizens of the United States should have an opportunity to understand and appreciate the continuing legacy of the American Revolution; (4) the 225th anniversary of the American Revolution provides an opportunity to enhance public awareness and understanding of the impact of the American Revolution on the lives of citizens of the United States; (5) although the National Park Service administers battlefields, historical parks, historic sites, and programs that address elements of the story of the American Revolution, there is a need to establish partnerships that link those sites and programs with sites and programs of other Federal and non- Federal entities to place the story of the American Revolution in the broad context of the causes, consequences, and significance of the American Revolution; and (6) a national program of the National Park Service that links historic structures and sites, routes, activities, community projects, exhibits, and multimedia materials in a manner that is unified and flexible is the best method of conveying to citizens of the United States the story and significance of the American Revolution. (b) Purposes.--The purposes of this Act are-- (1) to recognize the enduring importance of the American Revolution to the lives of citizens of the United States; and (2) to authorize the National Park Service to coordinate, connect, and facilitate Federal and non-Federal activities to commemorate, honor, and interpret the history of the American Revolution, including the significance and relevance of the American Revolution to the shape and spirit of the Government and society of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Program.--The term ``Program'' means the 225th Anniversary of the American Revolution Commemoration Program established under section 4(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. 225TH ANNIVERSARY OF THE AMERICAN REVOLUTION COMMEMORATION PROGRAM. (a) In General.--The Secretary shall establish within the National Park Service a program to be known as the ``225th Anniversary of the American Revolution Commemoration Program''. (b) Activities.--In carrying out the program, the Secretary shall-- (1) produce and distribute to the public educational materials relating to the American Revolution, such as-- (A) handbooks; (B) maps; (C) interpretive guides; and (D) electronic information; (2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (d); (3) assist in the protection of resources associated with the American Revolution; (4) enhance communications, connections, and collaboration among units and programs of the National Park Service relating to the American Revolution; (5) expand the research base for interpretation of and education on the American Revolution; and (6)(A) create and adopt an official, uniform symbol or device for the theme ``Lighting Freedom's Flame: American Revolution, 225th Anniversary''; and (B) promulgate regulations for the use of the symbol or device. (c) Components.--The Program shall include-- (1) units and programs of the National Park Service relevant to the American Revolution, as determined by the Secretary; (2) other governmental and nongovernmental-- (A) sites and facilities that are documented to be directly related to the American Revolution; and (B) programs of an educational, research, or interpretive nature relating to the American Revolution; and (3) through the Secretary of State, the participation of the Governments of the United Kingdom, France, the Netherlands, Spain, and Canada. (d) Cooperative Agreements and Memoranda of Understanding.--To achieve the purposes of this Act and to ensure the effective coordination of the Federal and non-Federal components of the Program with National Park Service units and programs, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to-- (1) the heads of other Federal agencies, States, units of local government, and private entities; and (2) in cooperation with the Secretary of State, the Governments of the United Kingdom, France, the Netherlands, Spain, and Canada. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this Act $500,000 for each of fiscal years 2004 through 2009. Passed the Senate April 7, 2004. Attest: EMILY J. REYNOLDS, Secretary.

225th Anniversary of the American Revolution Commemoration Act - Directs the Secretary of the Interior to establish a program to be known as the 225th Anniversary of the American Revolution Commemoration Program. Requires the Secretary, in carrying out such Program, to: (1) produce and distribute to the public educational materials relating to the American Revolution, such as handbooks, maps, and interpretive guides; (2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance as specified below to other Federal agencies, States, local governments, private entities, and the governments of the United Kingdom, France, the Netherlands, Spain, and Canada; (3) assist in the protection of resources associated with the American Revolution; (4) enhance communications, connections, and collaboration among the National Park Service (NPS) units and programs relating to the American Revolution; (5) expand the research base for interpretation of and education on the American Revolution; and (6) create and adopt an official symbol or device for the theme "Lighting Freedom's Flame: American Revolution, 225th Anniversary" and promulgate regulations for its use. Requires that such Program include: (1) all NPS units and programs relevant to the American Revolution; (2) other governmental and nongovernmental sites, facilities that are documented to be directly related to the American Revolution, and educational, research, and interpretive programs relating to the American Revolution; and (3) the participation of the governments of the United Kingdom, France, the Netherlands, Spain, and Canada. Authorizes the Secretary to enter into cooperative agreements and memoranda of understanding to provide technical assistance to the entities specified above, and in cooperation with the Secretary of State, to the governments of the United Kingdom, France, the Netherlands, Spain, and Canada, to achieve the purposes of this Act and to ensure the effective coordination of the Federal and non-Federal components of the Program with NPS units and programs. Authorizes appropriations.

A bill to establish within the National Park Service the 225th Anniversary of the American Revolution Commemorative Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployed Worker Assistance Act of 2011''. SEC. 2. PENALTY-FREE WITHDRAWALS FOR THE UNEMPLOYED WHO HAVE EXHAUSTED THEIR RIGHTS TO UNEMPLOYMENT COMPENSATION. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to subsection not to apply to certain distributions) is amended by adding at the end the following new subparagraph: ``(H) Distributions to unemployed individuals who have exhausted their rights to unemployment compensation.-- ``(i) In general.--Distributions to an individual after separation from employment if-- ``(I) such individual exhausted all rights to unemployment compensation under any Federal or State unemployment compensation law with respect to such separation, and ``(II) such distribution is made while such rights are exhausted and before reemployment or self-employment. ``(ii) Amount distributed may be repaid.-- ``(I) In general.--Any individual who receives a qualified distribution may, at any time during the 5-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. ``(II) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of this title, if a contribution is made pursuant to subclause (I) with respect to a qualified distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(III) Treatment of repayments for distributions from iras.--For purposes of this title, if a contribution is made pursuant to subclause (I) with respect to a qualified distribution from an individual retirement plan (as defined by section 7701(a)(37)), then, to the extent of the amount of the contribution, the qualified distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(iii) Special rules.-- ``(I) Qualified distributions treated as meeting plan distribution requirements.--For purposes of this title, a qualified distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A). ``(II) Exemption of distributions from trustee to trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405, qualified distributions shall not be treated as eligible rollover distributions. ``(iv) Definitions.--For purposes of this subparagraph-- ``(I) Qualified distribution.--The term `qualified distribution' means any distribution meeting the requirements of clause (i). ``(II) Eligible retirement plan.-- The term `eligible retirement plan' has the meaning given such term by section 402(c)(8)(B). ``(v) Reemployment and self-employment.-- Rules similar to the rules of clauses (ii) and (iii) of subparagraph (D) shall apply for purposes of this subparagraph.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to distributions made after the date of the enactment of this Act.

Unemployed Worker Assistance Act of 2011 - Amends the Internal Revenue Code to allow unemployed individuals who have exhausted all rights to unemployment compensation under federal or state law to make penalty-free withdrawals from tax-exempt pension and retirement plans.

To amend the Internal Revenue Code of 1986 to allow penalty-free withdrawals from pension plans for unemployed individuals who have exhausted their rights to unemployment compensation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preclearance Authorization Act of 2014''. SEC. 2. DEFINITION. In this Act, the term ``appropriate congressional committees'' means the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate. SEC. 3. ESTABLISHMENT OF PRECLEARANCE OPERATIONS. Pursuant to section 1629 of title 19, United States Code, and subject to section 5, the Secretary of Homeland Security may establish U.S. Customs and Border Protection preclearance operations in a foreign country to-- (1) prevent terrorists, instruments of terrorism, and other security threats from entering the United States; (2) prevent inadmissible persons from entering the United States; (3) ensure merchandise destined for the United States complies with applicable laws; (4) ensure the prompt processing of persons eligible to travel to the United States; and (5) accomplish such other objectives as the Secretary determines necessary to protect the United States. SEC. 4. NOTIFICATION AND CERTIFICATION TO CONGRESS. (a) Notification.--Not later than 180 days before entering into an agreement with the government of a foreign country to establish U.S. Customs and Border Protection preclearance operations in such foreign country, the Secretary of Homeland Security shall provide to the appropriate congressional committees the following: (1) A copy of the proposed agreement to establish such preclearance operations, including an identification of the foreign country with which U.S. Customs and Border Protection intends to enter into a preclearance agreement, and the location at which such preclearance operations will be conducted. (2) An estimate of the date on which U.S. Customs and Border Protection intends to establish preclearance operations under such agreement. (3) The anticipated funding sources for preclearance operations under such agreement, and other funding sources considered. (4) An assessment of the impact such preclearance operations will have on legitimate trade and travel, including potential impacts on passengers traveling to the United States. (5) A homeland security threat assessment for the country in which such preclearance operations are to be established. (6) An assessment of the impacts such preclearance operations will have on U.S. Customs and Border Protection domestic port of entry staffing. (7) Information on potential economic, competitive, and job impacts on United States air carriers associated with establishing such preclearance operations. (8) Information on the anticipated homeland security benefits associated with establishing such preclearance operations. (9) Information on potential security vulnerabilities associated with commencing such preclearance operations, and mitigation plans to address such potential security vulnerabilities. (10) A U.S. Customs and Border Protection staffing model for such preclearance operations, and plans for how such positions would be filled. (11) Information on the anticipated costs over the next five fiscal years associated with commencing such preclearance operations. (12) A copy of the agreement referred to in subsection (a) of section 5. (13) Other factors that the Secretary of Homeland Security determines to be necessary for Congress to comprehensively assess the appropriateness of commencing such preclearance operations. (b) Certifications Relating to Preclearance Operations Established at Airports.--In the case of an airport, in addition to the notification requirements under subsection (a), not later than 90 days before entering into an agreement with the government of a foreign country to establish U.S. Customs and Border Protection preclearance operations at an airport in such foreign country, the Secretary of Homeland Security shall provide to the appropriate congressional committees the following: (1) A certification that preclearance operations under such preclearance agreement would provide homeland security benefits to the United States. (2) A certification that preclearance operations within such foreign country will be established under such agreement only if-- (A) at least one United States passenger carrier operates at such airport; and (B) the access of all United States passenger carriers to such preclearance operations is the same as the access of any non-United States passenger carrier. (3) A certification that the Secretary of Homeland Security has considered alternative options to preclearance operations and has determined that such options are not the most effective means of achieving the objectives specified in section 3. (4) A certification that the establishment of preclearance operations in such foreign country will not significantly increase customs processing times at United States airports. (5) An explanation of other objectives that will be served by the establishment of preclearance operations in such foreign country. (6) A certification that representatives from U.S. Customs and Border Protection consulted publically with interested parties, including providers of commercial air service in the United States, employees of such providers, security experts, and such other parties as the Secretary determines to be appropriate, before entering into such an agreement with such foreign government. (7) A report detailing the basis for the certifications referred to in paragraphs (1) through (6). (c) Modification of Existing Agreements.--Not later than 30 days before substantially modifying a preclearance agreement with the government of a foreign country in effect as of the date of the enactment of this Act, the Secretary of Homeland Security shall provide to the appropriate congressional committees a copy of the proposed agreement, as modified, and the justification for such modification. (d) Remediation Plan.-- (1) In general.--The Commissioner of U.S. Customs and Border Protection shall monthly measure the average customs processing time to enter the 25 United States airports that support the highest volume of international travel (as determined by available Federal passenger data) and provide to the appropriate congressional committees such measurements. (2) Assessment.--Based on the measurements described in paragraph (1), the Commissioner of U.S. Customs and Border Protection shall quarterly assess whether the average customs processing time referred to in such paragraph significantly exceeds the average customs processing time to enter the United States through a prclearance operation. (3) Submission.--Based on the assessment conducted under paragraph (2), if the Commissioner of U.S. Customs and Border Protection determines that the average customs processing time referred to in paragraph (1) significantly exceeds the average customs processing time to enter the United States through a preclearance operation described in paragraph (2), the Commissioner shall, not later than 60 days after making such determination, provide to the appropriate congressional committees a remediation plan for reducing such average customs processing time referred to in paragraph (1). (4) Implementation.--Not later than 30 days after submitting the remediation plan referred to in paragraph (3), the Commissioner of United States Customs and Border Protection shall implement those portions of such plan that can be carried out using existing resources, excluding the transfer of personnel. (5) Suspension.--If the Commissioner of U.S. Customs and Border Protection does not submit the remediation plan referred to in paragraph (3) within 60 days in accordance with such paragraph, the Commissioner may not, until such time as such remediation plan is submitted, conduct any negotiations relating to preclearance operations at an airport in any country or commence any such preclearance operations. (6) Stakeholder recommendations.--The remediation plan described in paragraph (3) shall consider recommendations solicited from relevant stakeholders. (e) Classified Report.--The assessment required pursuant to subsection (a)(5) and the report required pursuant to subsection (b)(7) may be submitted in classified form if the Secretary of Homeland Security determines that such is appropriate. SEC. 5. AVIATION SECURITY SCREENING AT PRECLEARANCE AIRPORTS. (a) Aviation Security Standards Agreement.--Prior to the commencement of preclearance operations at an airport in a foreign country under this Act, the Administrator of the Transportation Security Administration shall enter into an agreement with the government of such foreign country that delineates and requires the adoption of aviation security screening standards that are determined by the Administrator to be comparable to those of the United States. (b) Aviation Security Rescreening.--If the Administrator of the Transportation Security Administration determines that the government of a foreign country has not maintained security standards and protocols comparable to those of the United States at airports at which preclearance operations have been established in accordance with an agreement entered into pursuant to subsection (a), the Administrator shall require the rescreening in the United States by the Transportation Security Administration of passengers and their property before such passengers may deplane into sterile areas of airports in the United States. (c) Selectees.--Any passenger who is determined to be a selectee based on a check against a terrorist watch list and arrives on a flight originating from a foreign airport at which preclearance operations have been established in accordance with an agreement entered into pursuant to subsection (a), shall be required to undergo security rescreening by the Transportation Security Administration before being permitted to board a domestic flight in the United States. SEC. 6. LOST AND STOLEN PASSPORTS. The Secretary of Homeland Security may not enter into or renew an agreement with the government of a foreign country to establish or maintain U.S. Customs and Border Protection preclearance operations at an airport in such foreign country unless such government certifies-- (1) that it routinely submits information about lost and stolen passports of its citizens and nationals to INTERPOL's Stolen and Lost Travel Document database; or (2) makes available to the United States Government such information through another comparable means of reporting. SEC. 7. EFFECTIVE DATE. Except for subsection (c) of section 4, this Act shall apply only to the establishment of preclearance operations in a foreign country in which no preclearance operations have been established as of the date of the enactment of this Act. Passed the House of Representatives July 8, 2014. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on July 3, 2014. Preclearance Authorization Act of 2014 - (Sec. 3) Authorizes the Secretary of Homeland Security (DHS) to establish U.S. Customs and Border Protection (CBP) preclearance operations in a foreign country to: prevent terrorists, instruments of terrorism, and other security threats from entering the United States; prevent inadmissible persons from entering the United States; ensure merchandise destined for the United States complies with applicable U.S. customs laws; and ensure the prompt processing of persons eligible to travel to the United States. (Sec. 4) Requires the Secretary to: (1) notify Congress not later than 180 days before entering into an agreement with a foreign country to establish CBP preclearance operations there, and (2) make certain certifications to Congress not later than 90 days before entering into an agreement to establish CBP preclearance operations at an airport in a foreign country. Directs the CBP Commissioner to: measure monthly the average customs processing time to enter the 25 U.S. airports with the highest volume of international travel; quarterly assess whether the average customs processing time for those airports significantly exceeds the average customs processing time to enter the United States through a preclearance operation; and provide Congress with a remediation plan for reducing that time in the event of an affirmative assessment. (Sec. 5) Directs the Administrator of the Transportation Security Administration (TSA), before commencement of CBP preclearance operations at an airport in a foreign country, to enter into an agreement requiring the country to adopt aviation security screening standards comparable to those of the United States. Directs the Administrator to require TSA rescreening in the United States of passengers and their property before they may deplane into sterile areas of U.S. airports if they have come from an airport in a foreign country that has failed to maintain security standards and protocols according to such an agreement. Requires TSA rescreening also, before being permitted to board a domestic flight in the United States, of any passenger on a flight originating from a foreign airport with preclearance operations who is a selectee based on a check against a terrorist watch list. (Sec. 6) Prohibits the Secretary from entering into or renewing an agreement with a foreign country to establish or maintain CBP preclearance operations at an airport in that country unless it certifies that it: routinely submits information about lost and stolen passports of its citizens and nationals to INTERPOL's Stolen and Lost Travel Document database, or makes such information available to the United States through another comparable means of reporting.

Preclearance Authorization Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Reentry Demonstration Program Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) According to the American Academy of Family Physicians, the shortage of primary care physicians will reach 40,000 in the next 10 years, as medical schools send about half of the needed number of graduates into primary care medicine. (2) According to the Association of American Medical Colleges, the overall shortage of physicians in the United States is expected to grow to nearly 160,000 by 2025. (3) Medical schools in the United States train only approximately 20,000 new physicians every year. (4) The Department of Health and Human Services estimates that the United States needs at least 16,000 more primary care physicians. (5) According to a survey of 1,600 pediatricians over the age of 50 conducted by the Association of American Medical Colleges and the American Academy of Pediatrics, 22 percent of female pediatricians took extended leave (6 months or more) from medicine, compared to only 6.5 percent of male pediatricians. Seventy-one percent of the female pediatricians who took extended leave did so to care for a child or family member. SEC. 3. REENTRY PROGRAM FOR PHYSICIANS. (a) Activities of the Secretary.-- (1) Establishment of demonstration program.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a demonstration program to assist the development of innovative programs that facilitate physician reentry into clinical practice to provide required primary health services (as defined in section 330(b)(1)(A) of the Public Health Service Act (42 U.S.C. 254b(b)(1)(A)). The Secretary shall award one grant, on a competitive basis, to an eligible entity in each of the 10 regions served by a regional office of the Department of Health and Human Services. (2) Administrative activities.--The Secretary shall use not more than 15 percent of the funds appropriated to carry out this section to work with key stakeholders to-- (A) conduct a national needs assessment with regard to the supply of physicians who provide required primary health services, using, to the extent feasible, information collected for use in other similar completed or forthcoming studies, such as studies conducted by the Agency for Healthcare Research and Quality and the Health Resources and Services Administration; (B) develop a database that contains a directory of programs that help physicians reenter clinical practice; (C) disseminate evidence-based assessments and evaluation tools to measure the basic core competencies of physicians reentering clinical practice that are consistent with the guidelines published by the Federation of State Medical Boards for such physicians; and (D) assist State regulatory authorities and hospital credentialing committees to structure requirements for physicians to return to clinical practice in a manner that ensures patient safety while addressing the burdens on such reentering physicians. (b) Eligible Entities.--Entities eligible to receive a grant under this section are the following: (1) A State. (2) A hospital. (3) An academic medical center. (4) A medical school. (5) A health center (as defined in section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a))). (6) A non-profit organization with a demonstrated history or expertise in providing physician education and with the ability to offer programs specifically targeted at reentering physicians. (c) Application.--In order to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Uses of Funds.--An eligible entity that receives funds under this section shall use such funds to assist reentering physicians who meet the requirements of subsection (e) through any of the following: (1) Training reentering physicians to reenter clinical practice. (2) Paying credentialing fees and other fees that are necessary for reentering physicians to reenter clinical practice. (3) Paying the salaries of reentering physicians. (4) Providing loan repayment assistance and other financial assistance, including scholarships and grants for education and training, to reentering physicians. (e) Requirements of Participants.-- (1) Service locations.--To be eligible to receive benefits under subsection (d), a reentering physician who participates in a demonstration program shall provide required primary health services at-- (A) a health center (as defined in section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a))); (B) a Veterans Administration Medical Center if the Secretary of Veterans Affairs certifies that there is a shortage of physicians at such medical center; or (C) a school-based health center (as defined in section 2110(c)(9) of the Social Security Act (42 U.S.C. 1397jj(c)(9))). (2) Length of service.--To be eligible to receive benefits under subsection (d), a reentering physician shall work at a location described in paragraph (1) for not less than 2 years. (f) Liability Protections.--A civil action brought against a reentering physician who participates in a demonstration program under this section and works at a location described in subsection (e)(1) for damage for personal injury, including death, resulting from performance of medical, surgical, dental, or related functions by a reentering physician acting within the scope of such reentering physician's participation in a demonstration program, shall be subject to section 224 of the Public Health Service Act (42 U.S.C. 233) in the same manner as a civil action described in subsection (a) of that section. (g) Annual Review and Report.--For any year during which the demonstration program under this section is carried out, the Secretary shall conduct a review and comprehensive evaluation of such program and shall prepare and submit to Congress a report assessing such program, including an assessment of the performance of the reentering physicians who participate in such program. (h) Reentering Physician Defined.--In this section, the term ``reentering physician'' means a physician, as defined by section 1861(r)(1) of the Social Security Act (42 U.S.C. 1395x(r)), who previously engaged in clinical practice, and who returns to clinical practice in the discipline in which such person was trained or certified following an extended period (2 years or more) of clinical inactivity after such person voluntarily chose to stop practicing. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2014.

Physician Reentry Demonstration Program Act - Directs the Secretary of Health and Human Services to: (1) establish a demonstration program to assist the development of innovative programs that facilitate physician reentry into clinical practice to provide required primary health services; and (2) award one grant, on a competitive basis, to an eligible entity in each of the 10 regions served by a Department of Health and Human Services (HHS) regional office. Includes as eligible entities: (1) a state, hospital, academic medical center, medical school, or health center; or (2) a nonprofit organization with a demonstrated history or expertise in providing physician education and with the ability to offer programs specifically targeted at reentering physicians. Requires the Secretary to use not more than 15% of funds appropriated for this Act to work with key stakeholders to: (1) conduct a national needs assessment with regard to the supply of physicians who provide primary health services, (2) develop a database that contains a directory of programs that help physicians reenter clinical practice, (3) disseminate evidence-based assessments and evaluation tools to measure the basic core competencies of physicians reentering clinical practice, and (4) assist state regulatory authorities and hospital credentialing committees to structure requirements for reentering physicians r that ensure patient safety while addressing the burdens on such physicians. Directs an entity that receives funds under this Act to use such funds to assist qualifying physicians through: (1) training to reenter clinical practice, (2) paying credentialing and other necessary fees, (3) paying salaries, or (4) providing loan repayment and other financial assistance. Requires a reentering physician who participates in a demonstration program, to be eligible to receive benefits, to provide required primary health services for at least two years at a health center, a Veterans Administration Medical Center if the Secretary of Veterans Affairs (VA) certifies that there is a shortage of physicians at such center, or a school-based health center. Sets forth provisions regarding liability protection for reentering physicians participating in a demonstration program.

To establish a demonstration program to facilitate physician reentry into clinical practice to provide required primary health services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Hemisphere Drug Policy Commission Act of 2010''. SEC. 2. ESTABLISHMENT OF WESTERN HEMISPHERE DRUG POLICY COMMISSION. There is established an independent commission to be known as the ``Western Hemisphere Drug Policy Commission'' (in this Act referred to as the ``Commission''). SEC. 3. PURPOSE. The purposes of the Commission are as follows: (1) The Commission shall review and evaluate the effectiveness of United States policies and programs regarding illicit drug supply reduction and interdiction with an emphasis on the countries of the Western Hemisphere, as well as foreign and domestic demand reduction policies and programs. The Commission shall recommend changes to such policies and programs that could more effectively-- (A) reduce the supply and trafficking of, and demand for, illicit drugs; (B) reduce the violence and corruption associated with illicit drug production and distribution; (C) reduce the threats to public health associated with illicit drug use, such as the spread of HIV/AIDS; and (D) anticipate and mitigate the unintended adverse consequences associated with policies intended to reduce illicit drug supply and demand. (2) The Commission shall recommend a multi-year interagency counternarcotics strategy for the Western Hemisphere, describing the diplomatic, criminal justice, civil society, economic development, demand reduction, military, and other assistance required to achieve regional counternarcotics goals. SEC. 4. DUTIES OF THE COMMISSION. (a) Review of Illicit Drug Supply Reduction and Demand Reduction Policies.--The Commission shall conduct a comprehensive review of the effectiveness of United States policies regarding illicit drug supply reduction, interdiction, and demand reduction policies and shall, at a minimum, address the following topics: (1) An assessment of United States illicit drug control policies in the Western Hemisphere, including interdiction efforts, efforts to curb the trafficking of chemical precursors, crop eradication programs, and the support of economic development alternatives to illicit drug crop cultivation and production. (2) The impact of the Andean Counterdrug Initiative, the Merida Initiative, the Central American Regional Security Initiative (CARSI), the Caribbean Basin Security Initiative, and other programs in curbing illicit drug production, drug trafficking, and drug-related violence in the region. (3) A review of the illicit drug control programs and resources utilized by all agencies and departments of the United States Government and recommendations to reduce duplication of efforts and resources and improve coordination. (4) An assessment of the extent to which the United States drug certification process serves United States interests with respect to United States illicit drug control objectives in the Western Hemisphere. (5) An assessment of the nature and extent of the United States population's demand for illicit drugs. (6) An assessment of whether the latest supply and availability estimates for marijuana, cocaine, heroin, and methamphetamine indicate that United States retail-level availability is stable, significantly lower, or significantly higher than it was one year earlier and ten years earlier. (7) An assessment of the extent to which the consumption of illicit drugs in the United States is driven by individuals addicted to or abusive of illicit drugs, and of the most effective methods in the United States and other countries for treating those individuals and reducing the damage to themselves, their families, and society, including anti-drug coalitions, drug courts, and programs aimed at preventing recidivism. (8) An assessment of whether proper and realistic goals are being set for United States illicit drug control policy, and whether appropriate indicators of success are being used to measure performance and outcomes. (9) An assessment of the effectiveness of the illicit drug control policies and programs of other countries facing similar challenges, and the extent to which they could be effective if adopted and implemented by the United States. (10) Recommendations for changes to United States policies and programs that could more effectively-- (A) reduce the supply and trafficking of, and demand for, illicit drugs; (B) reduce the violence and corruption associated with illicit drug production and distribution; (C) reduce the threats to public health associated with illicit drug use, such as the spread of HIV/AIDS; and (D) anticipate and mitigate the unintended adverse consequences associated with policies intended to reduce illicit drug supply and demand. (b) Multiyear Interagency Counternarcotics Strategy.--The Commission shall recommend a multiyear interagency counternarcotics strategy for the Western Hemisphere that includes-- (1) a description of the diplomatic, criminal justice, anti-corruption, civil society, economic development, demand reduction, military, intelligence sharing and other assistance required to achieve regional counternarcotics goals; (2) a methodology for countering shifts in production and transit routes by producers and traffickers due to pressure from counternarcotics efforts; (3) the role of each of the relevant United States government agencies in effectively coordinating the multiyear strategy, including-- (A) the Department of State; (B) the United States Agency for International Development; (C) the Department of Defense; (D) the Department of Justice; (E) the Department of Homeland Security; and (F) the intelligence agencies; and (4) regional and, as necessary, country-specific metrics that reflect the particular challenges in source, transit, and demand zone countries. (c) Coordination With Governments, International Organizations, and Nongovernmental Organizations (NGOS) in the Western Hemisphere.--In conducting the review required under subsection (a) and preparing the strategy required under subsection (b), the Commission shall consult with-- (1) government, academic, and nongovernmental leaders from the United States, Latin America, and the Caribbean, as well as leaders of international organizations; and (2) the Inter-American Drug Abuse Control Commission (CICAD) to examine what changes would increase its effectiveness. (d) Report.-- (1) In general.--Not later than 18 months after the first meeting of the Commission, the Commission shall submit to the Committees on Appropriations, Foreign Relations, Armed Services, Health, Education, Labor and Pensions, and the Judiciary of the Senate, and the Committees on Appropriations, Foreign Affairs, Armed Services, Energy and Commerce, and the Judiciary of the House of Representatives, the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Defense, the Secretary of the Treasury, the Secretary of Health and Human Services, the Attorney General, and the Director of the Office of National Drug Control Policy (ONDCP) a report that details the findings, conclusions, and recommendations of the Commission, including the findings of the review conducted under subsection (a), the strategy prepared under subsection (b), and summaries of the views and recommendations of the leaders and organizations with which it consulted under subsection (c). (2) Public availability.--The report required under this subsection shall be made available to the public in a timely manner. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of ten members, to be appointed as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. (2) The Speaker and the minority leader of the House of Representatives shall each appoint two members. (3) The President shall appoint two members who are employees of departments and agencies of the United States with expertise relevant to the Commission's work. (b) Appointments.--The Commission may not include Members of Congress or other currently elected Federal, State, or local government officials. (c) Period of Appointment.--Each member shall be appointed for the life of the Commission. Any vacancies shall not affect the power and duties of the Commission, but shall be filled in the same manner as the original appointment. (d) Date.--Members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (e) Initial Meeting and Selection of Chairperson.--Not later than 90 days after the date of the enactment of this Act, the Commission shall hold an initial meeting to develop and implement a schedule for completion of the review, strategy, and report required under section 4. At the initial meeting, the Commission shall select a Chairperson from among its members. (f) Quorum.--Six members of the Commission shall constitute a quorum. (g) Travel Expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Commission. SEC. 6. POWERS. (a) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. (c) Other Resources.--The Commission shall have timely and reasonable access to documents, statistical data, and other such information the Commission determines necessary to carry out its duties from the Library of Congress, the Office of National Drug Control Policy, the Department of State, the United States Agency for International Development, the Department of Health and Human Services, the Department of Justice (including the Drug Enforcement Administration), the Department of Defense (including the United States Southern and Northern Commands), the Department of the Treasury, and other agencies of the executive and legislative branches of the Federal Government. The Chairperson of the Commission shall make requests for such access in writing when necessary. The General Services Administration (GSA) shall make office space available for day-to-day Commission activities and for scheduled Commission meetings. Upon request, the Administrator of General Services shall provide, on a reimbursable basis, such administrative support as the Commission requests to fulfill its duties. (d) Authority To Use the United States Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Authority To Contract.--The Commission is authorized to enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. A contract, lease, or other legal agreement entered into by the Commission may not extend beyond the date of termination of the Commission. SEC. 7. STAFF. (a) Executive Director.--The Commission shall have a staff headed by an Executive Director. The Executive Director and such staff shall be paid at a rate of not more than the daily equivalent of the compensation prescribed for level V of the Executive Schedule. (b) Staff Appointment.--With the approval of the Commission, the Executive Director may appoint such personnel as the Executive Director determines to be appropriate. The Commission may appoint and fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (c) Experts and Consultants.--With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the personnel. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Of the amounts authorized to be appropriated to the Department of State under the heading ``Diplomatic and Consular Programs'' for fiscal years 2011 and 2012, not more than $250,000 may be made available to the Commission to carry out the purposes of this Act. SEC. 9. SUNSET. The Western Hemisphere Drug Policy Commission shall terminate 60 days after the submission to Congress of the report required under section 4(d).

Western Hemisphere Drug Policy Commission Act of 2010 - Establishes the Western Hemisphere Drug Policy Commission, which shall: (1) review the effectiveness of U.S. policies and programs regarding illicit drug supply reduction and interdiction with an emphasis on the countries of the Western Hemisphere, as well as foreign and domestic demand reduction policies and programs; and (2) recommend a multi-year interagency counternarcotics strategy for the Western Hemisphere describing the diplomatic, criminal justice, civil society, economic development, demand reduction, military, and other assistance required to achieve regional counternarcotics goals. Terminates the Commission 60 days after submission of the report required under this Act.

A bill to establish the Western Hemisphere Drug Policy Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``George Washington Memorial Parkway Boundary Revision Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Federal Highway Administration's Turner-Fairbank Highway Research Center is adjacent to the George Washington Memorial Parkway and national park lands associated with the parkway that are owned by the United States. (2) Therefore, a new access road was constructed to allow unrestricted access to the Farm's administrative and maintenance area and to support the Research Center's security measures. (3) The heightened security at the Research Center and at the Central Intelligence Agency, which is in immediate proximity to the Research Center, put new restrictions on unauthorized entry onto controlled property that affects employees, visitors, volunteers, and others seeking access to the administrative and maintenance area of the Claude Moore Colonial Farm. (4) The Federal Highway Administration and the National Park Service have each selected a parcel of adjacent land to be transferred related to the new access road to the Farm and to provide for a visible buffer outside the perimeter fence of the Research Center for needed security. (5) The National Park Service has placed use restrictions on another parcel of land for the benefit of the Research Center. (6) The Federal Highway Administration and the National Park Service have signed an agreement to effect the transfer of administrative jurisdiction of the land and the use restriction between the George Washington Memorial Parkway and the Research Center. (b) Purpose.--The purpose of this Act is to authorize, direct, facilitate, and expedite the transfer of administrative jurisdiction of certain Federal land in accordance with the terms and conditions of this Act. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Agreement.--The term ``Agreement'' means the agreement titled ``Agreement Between the National Park Service and the Federal Highway Administration-Turner Fairbanks Research Center'' dated September 11, 2002. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Research center.--The term ``Research Center'' means the Federal Highway Administration's Turner-Fairbank Highway Research Center. (4) Farm.--The term ``Farm'' means the Claude Moore Colonial Farm. (5) Map.--The term ``Map'' means the map titled, ``GWMP - Claude Moore Proposed Boundary Adjustment'', numbered 850,82003, and dated April 2004, which the Secretary shall make available for public inspection in the appropriate offices of the National Park Service. SEC. 4. ADMINISTRATIVE JURISDICTION TRANSFER. (a) Transfer of Jurisdiction.--The Secretary and the Secretary of Transportation are authorized to exchange administrative jurisdiction over the approximately 0.342 acre of land under the jurisdiction of the Department of the Interior within the boundary of the George Washington Memorial Parkway, generally depicted as ``B'' on the Map, and the approximately 0.479 acres of land under the jurisdiction of the Department of Transportation within the boundary of the Research Center and adjacent to the boundary of the George Washington Memorial Parkway, generally depicted as ``A'' on the Map. (b) Use Restriction.--The Secretary shall restrict the use of 0.139 acre of land within the boundary of the George Washington Memorial Parkway immediately adjacent to part of the north perimeter fence of the Research Center, generally depicted as ``C'' on the Map, by prohibiting the storage, construction, or installation of any item that may obstruct the view from the Research Center into the George Washington Memorial Parkway. (c) Reimbursement or Consideration.--The transfer of administrative jurisdiction under subsection (a) shall occur without reimbursement or consideration. (d) Compliance With Agreement.-- (1) In general.--The National Park Service and the Federal Highway Administration shall comply with all terms and conditions of the Agreement regarding the transfer of administrative jurisdiction, management, and maintenance of the lands discussed in the Agreement. (2) Access to restricted land.--The Secretary shall allow the Research Center access to the land restricted by the Secretary under subsection (b) for the purpose of complying with the Research Center's responsibilities under the Agreement referenced in paragraph (1). All such responsibilities shall be carried out in compliance with the Agreement, including the provisions that the Research Center may take the following actions on the land only after receiving written approval for such activity from the Secretary: (A) Pruning or removal of any tree 6 inches or more in diameter. (B) Application or use of any pesticide. SEC. 5. MANAGEMENT OF TRANSFERRED LANDS. (a) Interior Land.--The land administrative jurisdiction over which is transferred to the Secretary under section 4(a) shall be included in the boundaries of the George Washington Memorial Parkway and shall be administered by the National Park Service as part of the parkway subject to applicable laws and regulations. (b) Transportation Land.--The land administrative jurisdiction over which is transferred to the Secretary of Transportation under section 4(a) shall be included in the boundary of the Research Center. (c) Restricted-Use Land.--The land the Secretary has designated for restricted use under section 4(b) shall be maintained by the Research Center.

George Washington Memorial Parkway Boundary Revision Act - Authorizes the exchange, between the Secretary of the Interior and the Secretary of Transportation, of administrative jurisdiction over certain land under the jurisdiction of the Department of the Interior within the boundary of the George Washington Memorial Parkway in McLean, Virginia, and certain land under the jurisdiction of the Department of Transportation within the boundary of the Federal Highway Administration's Turner-Fairbank Highway Research Center and adjacent to the boundary of the Parkway.

To authorize the exchange, between the Secretary of the Interior and the Secretary of Transportation, of administrative jurisdiction of Federal land at the George Washington Memorial Parkway in McLean, Virginia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Illegal Immigrant Information Act of 2007''. SEC. 2. PROCEDURE FOR DETERMINING WHETHER INDIVIDUALS WHO ARE NOT AUTHORIZED TO BE EMPLOYED IN THE UNITED STATES ARE SO EMPLOYED. (a) In General.--Subsection (i) of section 6103 of the Internal Revenue Code of 1986 (relating to confidentiality and disclosure of returns and return information) is amended by adding at the end the following new paragraph: ``(9) Disclosure of employment information to secretary of homeland security.-- ``(A) In general.--During December of each calendar year, the Secretary of Homeland Security shall submit electronically a request to the Secretary for the information described in subparagraph (B)(ii) with respect to each individual who had been authorized to be employed in the United States during any prior calendar year but who was not so authorized as of December 31 of the immediately preceding calendar year. Such request shall specify-- ``(i) the name and TIN of the individual, and ``(ii) the taxable period or periods for which the information is requested. ``(B) Disclosure of employment information.-- ``(i) In general.--Not later than the first March 5 following the receipt by the Secretary of such request, the Secretary shall electronically disclose return information described in clause (ii) to officers and employees of the Department of Homeland Security who are personally and directly engaged in the enforcement of the Immigration and Nationality Act. ``(ii) Information to be disclosed.--The information described in this clause with respect to any individual is-- ``(I) such individual's mailing address, ``(II) the total amount of wages (as defined in section 3121(a)) paid to such individual during the period or periods specified in subparagraph (A)(ii), and ``(III) the name, address, and employer identification number of each employer paying such wages during such period or periods. ``(C) Refunds, etc. withheld.--No refund of any tax imposed by this title shall be made, and no credit under section 32 (relating to earned income credit) shall be allowed, to any individual for any taxable year during any portion of which such individual is employed in the United States without being authorized to be so employed. ``(D) Notice to employer and employee.--If the Secretary of Homeland Security receives information under this paragraph indicating that an individual was employed in the United States after the expiration of the individual's authority to be so employed, such Secretary shall (within 7 business days after receiving such information) notify in writing such individual and each person or entity who was an employer of such individual after such expiration that such individual is not authorized to be employed in the United States and that the individual's employment with the employer should be terminated not later than the 30th day after the date of the notice. Such notice shall also describe-- ``(i) the employer's obligations under this paragraph, ``(ii) the employee's right under this paragraph to contest the determination that the employee is not authorized to be employed in the United States, and ``(iii) the procedure under this paragraph for contesting such determination. ``(E) Employee's right to contest.-- ``(i) Notice to employee.--If any employer receives such a notice from the Secretary of Homeland Security with respect to an employee, the employer shall, within 3 business days after the date the employer received such notice, provide a copy of such notice to the employee. ``(ii) Right to contest.--An employee may contest the accuracy of such notice during the 30-day period beginning on the date that the employer provided the notice under clause (i) to the employee. ``(iii) Contest procedure.--If, during such 30-day period, the employee provides the employer with information substantiating such employee's claimed authorization to be employed in the United States, the employer shall, in such form and manner as the Secretary of Homeland Security shall prescribe, provide to such Secretary-- ``(I) the employee's name, address, and taxpayer identification number, ``(II) the employer's name, address, telephone number, and employer identification number, and ``(III) the information provided by the employee to the employer substantiating such employee's authorization to be employed in the United States. ``(F) Verification from department of homeland security.--Within 7 business days after receiving such information, the Secretary of Homeland Security shall electronically notify the Secretary, and shall notify the employer and employee in writing, as to whether the employee is authorized to be employed in the United States. ``(G) Suspension of obligation to terminate employment until response received.-- ``(i) In general.--Except as provided in clause (ii), if the employee meets the requirement of subparagraph (E)(iii), the employer's obligation to terminate the employment of such employee shall be suspended until the employer receives the notice described in subparagraph (F). ``(ii) Timely response not received.--If the employer does not receive such notice before the 30th day after the close such 30-day period, the employer shall so notify the Secretary of Homeland Security. ``(H) Rebuttable presumption of violation of the immigration and nationality act.-- ``(i) In general.--A rebuttable presumption is created that the employer has violated section 274A(a)(1)(A) of the Immigration and Nationality Act if-- ``(I) the employer employs an individual with respect to whom a notice is received under subparagraph (D) after the 30 days described in such subparagraph, ``(II) the employer fails to notify the Secretary as required by subparagraph (G)(ii) and employs such individual, or ``(III) the employer refers the individual for employment after receiving a notice under subparagraph (D) with respect to such individual. ``(ii) Exceptions.-- ``(I) Suspension period.--Clause (i)(I) shall not apply during the suspension period described in subparagraph (G)(i) ``(II) Notice from secretary of homeland security.--Clause (i) shall cease to apply with respect to an individual after the date that the employer is notified by the Secretary of Homeland Security that such individual is authorized to be employed in the United States. ``(I) Special rules.-- ``(i) Protection from liability.--No employer shall be civilly or criminally liable under any law for any action taken in good faith reliance on information provided by the Secretary or the Secretary of Homeland Security with respect to any individual's eligibility to be employed in the United States. ``(ii) Timely mailing treated as timely notice.--Rules similar to the rules of section 7502 shall apply for purposes of this section. ``(iii) Last known address of employee.-- Any notice required to be provided to an employee under this section shall be sufficient if mailed to the employee at the last known address of the employee. ``(iv) Employment-based visas.--For purposes of this section, the determination of whether an individual is authorized to be employed in the United States includes whether the individual has an immigrant visa issued pursuant to the numerical limitation under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) (relating to employment-based visas).''. (b) Conforming Amendment.--Paragraph (4) of section 6103(p) of such Code is amended by striking ``(5) or (7)'' each place it appears and inserting ``(5), (7), or (9)''. (c) Effective Date.--The amendments made by this section shall apply to requests made in calendar years beginning after the date of the enactment of this Act.

IRS Illegal Immigrant Information Act of 2007 - Amends the Internal Revenue Code to require: (1) the Secretary of Homeland Security to request from the Secretary of the Treasury information (including mailing address, amount of wages earned, and identity of employer) about alien workers who are no longer authorized to work in the United States; (2) the Secretary of the Treasury to provide the requested information to the Department of Homeland Security; and (3) the Secretary of Homeland Security to notify the alien worker and and the worker's employer that such employment is illegal and must be terminated within 30 days of such notice. Allows any worker who receives a notice to contest such notice and to provide documentation substantiating such worker's authorization to be employed in the United States.

To amend the Internal Revenue Code of 1986 to establish a procedure for determining whether individuals who are not authorized to be employed in the United States are so employed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Commission on Expanding Social Service Delivery Options Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a Congressional Commission on Expanding Social Service Delivery Options (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 10 members, of whom-- (A) 3 shall be appointed by the Speaker of the House of Representatives; (B) 3 shall be appointed by the majority leader of the Senate; (C) 2 shall be appointed by the minority leader of the House of Representatives; and (D) 2 shall be appointed by the minority leader of the Senate. (2) Qualifications.--Members of the Commission shall be appointed from among individuals with demonstrated expertise and experience in social service delivery, including, to the extent practicable, in the area of reform of such delivery. (3) Date.--The appointments of the members of the Commission shall be made not later than 30 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Co-Chairpersons.--The Speaker of the House of Representatives shall designate 1 of the members appointed under subsection (b)(1)(A) as a co-Chairperson of the Commission. The majority leader of the Senate shall designate 1 of the members appointed under subsection (b)(1)(B) as a co-Chairperson of the Commission. (e) Initial Meeting.--Not later than 60 days after the date of enactment of this Act, the Commission shall hold its first meeting. (f) Meetings.--The Commission shall meet at the call of either co- Chairperson. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 3. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a thorough and thoughtful study of all matters relating to increasing beneficiary-selected or beneficiary-directed options for social service delivery in Federal social service programs, including certificate, scholarship, voucher, or other forms of indirect delivery. The Commission shall review all relevant Federal social service programs in existence on the date of the beginning of the study, including the initiatives of the Corporation for National and Community Service. The Commission shall determine program areas, among the Federal programs, for which it is appropriate and feasible to implement full or partial beneficiary-selected or beneficiary-directed options for the delivery of the social services. (2) Goals.--In making determinations under paragraph (1), the Commission shall seek to promote goals of-- (A) expanding consumer and beneficiary choice in Federal social service programs; (B) maximizing the use of governmental resources in the Federal programs; and (C) minimizing concerns relating to any precedent under the Constitution regarding the participation of faith-based providers in the Federal programs. (b) Recommendations.--The Commission shall develop recommendations on program areas, among the Federal social service programs, for which it is appropriate and feasible to implement full or partial beneficiary-selected or beneficiary-directed options for the delivery of the social services. (c) Report.--Not later than 11 months after the date of enactment of this Act, the Commission shall submit a report to the Speaker and minority leader of the House of Representatives and the majority leader and minority leader of the Senate, which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of either co-Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The co-Chairpersons of the Commission, acting jointly, may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The co-Chairpersons of the Commission, acting jointly, may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The co- Chairpersons of the Commission, acting jointly, may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 3. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission for fiscal year 2006 such sums as may be necessary to carry out this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

Congressional Commission on Expanding Social Service Delivery Options Act - Establishes a Congressional Commission on Expanding Social Service Delivery Options. Directs the Commission to: (1) study all matters relating to increasing beneficiary-selected or beneficiary-directed options for social service delivery (delivery options) in federal social service programs, including certificate, scholarship, voucher, or other forms of indirect delivery; (2) review all relevant existing programs, including initiatives of the Corporation for National and Community Service; and (3) determine and recommend program areas for which it is appropriate and feasible to implement such delivery options fully or partially. Requires the Commission to promote goals of: (1) expanding consumer and beneficiary choice in such programs; (2) maximizing use of governmental resources in them; and (3) minimizing concerns relating to any precedent under the Constitution regarding participation in them of faith-based providers.

A bill to establish a Congressional Commission on Expanding Social Service Delivery Options.