FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Act Amendments of 2000''. SEC. 2. CLARIFICATION OF TAKE DEFINITION. Section 3(19) of the Endangered Species Act of 1973 (16 U.S.C. 1532(19)) is amended to read as follows: ``(19)(A) The term `take' means to harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in that conduct. ``(B) In subparagraph (A), the term `harm' means an action that proximately and foreseeably kills or physically injures an identifiable member of an endangered species.''. SEC. 3. ENSURING PUBLIC SAFETY, EXEMPTING THE WOODROW WILSON BRIDGE, AND TARGETING REGULATORY AUTHORITY. Section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended by adding at the end the following: ``(5) Actions exempt from consultation and conferencing.-- Consultation and conferencing under paragraphs (2) and (4) is not required for any agency action that-- ``(A) is consistent with an incidental taking permit issued under section 10(a)(1)(B); ``(B) addresses a critical, imminent threat to public health or safety or a catastrophic natural event or compliance with Federal, State, or local safety or public health requirements; ``(C) consists of routine operation, maintenance, rehabilitation, repair, or replacement to a Federal or non-Federal project or facility, including-- ``(i) the Woodrow Wilson Bridge project in Maryland and Virginia; and ``(ii) operation of a project or facility in accordance with a previously issued Federal license, permit, or other authorization; or ``(D) permits activities that occur on private land. ``(6) Actions not prohibited.--An agency action shall not constitute a taking of a species prohibited by this Act or any regulation issued under this Act if the action is consistent with-- ``(A) an incidental taking permit issued under section 10(b)(1)(A); or ``(B) the terms and conditions specified in a written statement provided under subsection (b)(3) of this section.''. SEC. 4. STANDARDS FOR RENDERING TAXONOMIC DETERMINATIONS OF SPECIES AND SUBSPECIES. Section 4(b)(1) (15 U.S.C. 1533(b)(1)) is amended by adding at the end the following: ``(C) Within 18 months after the date of the enactment of the Endangered Species Act Amendments of 2000, the Secretary shall promulgate scientifically valid standards for rendering taxonomic determinations of species and subspecies. The standards shall provide that to be eligible for determination as a subspecies under this Act, a subspecies must be reproductively isolated from other subspecific population units and must constitute a distinct component in the genetic makeup of the species.''. SEC. 5. COMPENSATION FOR FEDERAL TAKINGS OF PRIVATE PROPERTY. (a) In General.--Section 13 of the Endangered Species Act of 1973 (87 Stat. 902) is amended to read as follows: ``right to compensation ``Sec. 13. (a) Prohibition.--No agency may take an action under this Act affecting privately owned property that results in the diminishment of the value of any portion of that property by an amount equal to or greater than 25 percent of the value of that portion unless compensation is offered in accordance with this section. ``(b) Compensation for Diminishment.--Any agency that takes an action referred to in subsection (a)-- ``(1) shall compensate the property owner for the diminution in value of any portion of that property resulting from the action; or ``(2) at the option of the owner, shall buy that portion of the property by paying the fair market value of the portion, determined based on the value of the property before the diminution and without regard to the presence on the property of a species listed under section 4(c), or the use of the property by such a species. ``(c) Request of Owner.--A property owner seeking compensation under this section shall make a written request for compensation to the agency whose action would limit the otherwise lawful use of property. The request shall, at a minimum, identify the affected portion of the property, the nature of the diminution, and the amount of compensation claimed. ``(d) Choice of Remedies.--If the parties have not reached an agreement on compensation within 180 days after the written request is made, the owner may elect binding arbitration through alternative dispute resolution or seek compensation due under this section in a civil action. The parties may by mutual agreement extend the period of negotiation on compensation beyond the 180-day period without loss of remedy to the owner under this section. In the event the extension period lapses the owner may elect binding arbitration through alternative dispute resolution or seek compensation due under this section in a civil action. ``(e) Alternative Dispute Resolution.-- ``(1) In general.--In the administration of this section-- ``(A) arbitration procedures shall be in accordance with the alternative dispute resolution procedures established by the American Arbitration Association; and ``(B) in no event shall arbitration be a condition precedent or an administrative procedure to be exhausted before the filing of a civil action under this section. ``(2) Review of arbitration.-- ``(A) Appeal of decision.--Appeal from arbitration decisions shall be to the United States District Court for the district in which the property is located or the United States Court of Federal Claims in the manner prescribed by law for the claim under this section. ``(B) Rules of enforcement of award.--The provisions of title 9, United States Code (relating to arbitration), shall apply to enforcement of awards rendered under this section. ``(f) Civil Action.--An owner who prevails in a civil action against any agency pursuant to this section shall be entitled to, and such agency shall be liable for, just compensation, plus reasonable attorney's fees and other litigation costs, including appraisal fees. ``(g) Source of Payments.--Any payment made under this section shall be paid from the responsible agency's annual appropriation supporting the agency's activities giving rise to the claim for compensation. If insufficient funds are available to the agency in the fiscal year in which the award becomes final the agency shall pay the award from appropriations available in the next fiscal year. ``(h) Definitions.--For the purposes of this section-- ``(1) the term `agency' has the meaning given that term in section 551 of title 5, United States Code; ``(2) the term `agency action' means any action or decision taken by any agency that at the time of such action or decision adversely affects private property rights; ``(3) the term `fair market value' means the likely price at which property would change hands, in a competitive and open market under all conditions requisite to fair sale, between a willing buyer and willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts, prior to occurrence of the agency action; ``(4) the term `just compensation'-- ``(A) means compensation equal to the full extent of a property owner's loss, including the fair market value of the private property taken, whether the taking is by physical occupation or through regulation, exaction, or other means; and ``(B) shall include compounded interest calculated from the date of the taking until the date the United States tenders payment; ``(5) the term `owner' means the owner or possessor of property or rights in property at the time the taking occurs, including when-- ``(A) the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated; or ``(B) the permit, license, authorization, or governmental permission is denied or suspended; ``(6) the term `property' means land, an interest in land, proprietary water rights, and any personal property that is subject to use by the Federal Government or to a restriction on use; ``(7) the term `private property' or `property' means all interests constituting real property, as defined by Federal or State law, protected under the fifth amendment to the United States Constitution, any applicable Federal or State law, or this section, and more specifically constituting-- ``(A) real property, whether vested or unvested, including-- ``(i) estates in fee, life estates, estates for years, or otherwise; ``(ii) inchoate interests in real property such as remainders and future interests; ``(iii) personalty that is affixed to or appurtenant to real property; ``(iv) easements; ``(v) leaseholds; ``(vi) recorded liens; and ``(vii) contracts or other security interests in, or related to, real property; ``(B) the right to use water or the right to receive water, including any recorded liens on such water right; or ``(C) rents, issues, and profits of land, including minerals, timber, fodder, crops, oil and gas, coal, or geothermal energy.''. (b) Conforming Amendment.--The table of contents at the end of the first section is amended by striking the item relating to section 13 and inserting the following: ``Sec. 13. Right to compensation.''.

Directs the Secretary to promulgate standards for rendering taxonomic determinations of species and subspecies. Sets forth provisions for the compensation of Federal actions taken resulting in the diminishment of the value of private property.

Endangered Species Act Amendments of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Emergency Re-establishment of Obligations (NERO) Act''. SEC. 2. EMERGENCY AUTHORITY OF CHAIRMAN. (a) In General.--The Chairman of the Nuclear Regulatory Commission may not exercise emergency authority to make decisions or take actions otherwise reserved for the full Commission unless the Chairman has declared an emergency based on-- (1) an imminent safety threat to a facility or materials licensed or regulated by the Commission; or (2) a determination by the Secretary of Homeland Security, the Secretary of Energy, the Secretary of Transportation, the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, or the Director of National Intelligence that a security incident exists that poses an imminent threat to a facility or materials licensed or regulated by the Commission. (b) Additional Requirements.--If the Chairman declares an emergency under subsection (a)-- (1) the Chairman shall within 1 hour notify each member of the Commission and appropriate Commission staff offices, and within 4 days shall notify the Congress, of-- (A) the declaration, including specific reference to the emergency on which the declaration is based; and (B) all actions and recommendations made under the emergency authority; (2) the Chairman shall ensure that all members of the Commission are provided timely and current access to all records and information, and all Commission staff involved, relating to actions taken during the emergency; (3) to the extent practicable, the Chairman shall consult with the full Commission on any actions to be taken under the emergency; (4) the Chairman shall terminate the emergency period not later than the termination of the threat or determination on which the emergency declaration is based under subsection (a); (5) not later than 1 day after the termination of the emergency, the Chairman shall notify each member of the Commission, and notify the Congress, of such termination; and (6) not later than 10 days after the termination of the emergency, the Chairman shall submit a complete report to the Commission on the actions taken during the emergency. (c) Commission Procedures.--Not later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall revise its procedures to comply with the requirements of this section. Such revision shall define the roles of the Commissioners during an emergency, specifying complete-- (1) access to records and information relating to actions taken during the emergency; (2) access to Commission staff involved in the management of the emergency; (3) access to the location or locations where decisions are made during the emergency; and (4) participation in decisions that affect Commission actions and policies beyond the response to a particular emergency. SEC. 3. CERTIFICATION OF DOCUMENTS TRANSMITTED TO CONGRESS. A letter or other document transmitted by the Nuclear Regulatory Commission, on behalf of the full Commission, to a member of Congress in his or her capacity as chairman or ranking minority member of a Committee of Congress, shall include a certification that the letter or document is being sent to both the Chairman and ranking minority member of that Committee in accordance with published procedures of the Commission. SEC. 4. APPOINTMENT OF COMMISSION OFFICERS. All appointments by the Chairman of the Nuclear Regulatory Commission of the officers of the Commission shall be subject to approval by the full Commission, and service as such an officer shall be dependent on a vote of affirmation by the full Commission at least once every 2 years. SEC. 5. TIME LIMITS FOR COMMISSION REVIEW OF BRIEFS REQUESTED. (a) In General.--Except as provided in subsection (b), if the Nuclear Regulatory Commission issues an order requesting parties to file briefs relating to whether the Commission should review, uphold, or overturn a decision by the Licensing Board-- (1) the Commission shall vote on the matter not later than 40 days after receipt of such briefs; and (2) not later than 10 days after such vote, the Commission shall publish its decision, including, except in the case of adjudicatory matters, the votes of each of the members of the Commission. (b) Exception.--Subsection (a) shall not apply to orders requesting parties to file briefs relating to revocation of a previously issued license. SEC. 6. ALLEGATIONS OF WRONGDOING. (a) Referral to Inspector General.--Not later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall revise its procedures to ensure that any allegation of wrongdoing on the part of the Chairman of the Commission is referred to the Inspector General of the Commission. (b) Supervision of Inspector General.--During the pendency of any investigation by the Inspector General of the Nuclear Regulatory Commission with respect to an allegation described in subsection (a), the responsibility for supervising the Inspector General shall be delegated to a member of the Commission other than the Chairman. SEC. 7. APPROVAL OF COMMISSIONER TRAVEL. The Chairman of the Nuclear Regulatory Commission shall authorize all domestic and international travel requested by other members of the Commission for official business unless the Chairman submits a notice of disapproval to the full Commission specifying the basis for the disapproval. The notice of disapproval shall be submitted within 5 days after the travel is requested or the travel shall be deemed approved. SEC. 8. BUDGET REVIEW AND DEVELOPMENT. No budget or budget revision shall be adopted for the Nuclear Regulatory Commission unless each member of the Commission has been given an opportunity to-- (1) participate in the development of such budget or revision after being provided access to all relevant information used in such development; and (2) vote on the approval of such budget or revision.

Nuclear Emergency Re-establishment of Obligations (NERO) Act - Prohibits the Chairman of the Nuclear Regulatory Commission (NRC) from exercising emergency authority to make decisions or take actions otherwise reserved for the full Commission unless the Chairman has declared an emergency based upon: (1) an imminent safety threat to a facility or materials licensed or regulated by the NRC, or (2) a determination by senior officials of designated agencies that a security incident exists that poses an imminent threat to a facility or materials licensed or regulated by the NRC. Prescribes additional procedures if the Chairman does declare such emergency exists. Subjects to approval by the full Commission all appointments by the NRC Chairman of NRC officers. Prescribes time limits for NRC review of requested briefs. Directs the NRC to revise its procedures to ensure that any allegation of wrongdoing on the part of the NRC Chairman is referred to the Inspector General of the NRC. Instructs the NRC Chairman to authorize all domestic and international travel requested by NRC members for official business unless a notice of disapproval is submitted to the full Commission specifying the basis for the disapproval. Prohibits adoption of any budget or budget revision unless each NRC member has been given an opportunity to: (1) participate in the development of such budget or revision after being provided access to all relevant information, and (2) vote on the approval of such budget or revision.

To clarify the authority of the Chairman of the Nuclear Regulatory Commission to act on behalf of the Commission during emergencies, and for other purposes.

SECTION 1. CREDIT FOR INTEREST ON EDUCATION LOANS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. INTEREST ON EDUCATION LOANS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as credit against the tax imposed by this chapter for the taxable year an amount equal to 15 percent of the interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Maximum Credit.--The credit allowed by subsection (a) for the taxable year shall not exceed $300. ``(c) Limitation on Taxpayers Eligible for Credit.--No credit shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Limit on Period Credit Allowed.-- ``(1) Taxpayer and taxpayer's spouse.--Except as provided in paragraph (2), a credit shall be allowed under this section only with respect to interest paid on any qualified education loan during the first 48 months (whether or not consecutive) in which interest payments are required. For purposes of this paragraph, any loan and refinancings of such loans shall be treated as one loan. ``(2) Dependent.--If the qualified education loan was used to pay education expenses of an individual other than the taxpayer of the taxpayer's spouse, a credit shall be allowed under this section for any taxable year with respect to such loan only if a deduction under section 151 with respect to such individual is allowed to the taxpayer for such taxable year. ``(e) Phaseout of Benefit.-- ``(1) In general.--The amount of interest which would (but for this subparagraph) be taken into account under paragraph (a) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to such interest as the excess of the taxpayer's adjusted gross income for such taxable year over the applicable dollar amount bears to phaseout range. ``(2) Applicable dollar amount; phaseout range.--For purposes of subparagraph (1)-- ``(A) in the case of a return of an unmarried individual, the applicable dollar amount is $40,000 and the phaseout range is $15,000, ``(B) in the case of joint return, the applicable dollar amount is $60,000 and the phaseout range is $30,000, and ``(C) in the case of a married individual filing a separate return, the applicable dollar amount is $30,000 and the phaseout range is $15,000. ``(f) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' means any indebtedness incurred to pay qualified higher education expenses-- ``(A) which are incurred on behalf of the taxpayer, the taxpayer's spouse, or a dependent of the taxpayer, ``(B) which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and ``(C) which are attributable to education furnished during a period during which the recipient was at least a half-time student. Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified education loan. The term `qualified education loan' shall not include any indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer. ``(2) Qualified higher education expenses.--The term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, (section 1087ll of title 20 United States Code), 20 U.S.C. 1087 11, as in effect on the day before the date of enactment of this Act) of the taxpayer, the taxpayer's spouse, or a dependent of the taxpayer at an eligible educational institution. For purposes of the preceding sentence, the term `eligible educational institution' has the same meaning given such term by section 135(c)(3), except that such term shall also include an institution conducting an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility which offers postgraduate training. ``(3) Half-time student.--The term `half-time student' means any individual who would be a student as defined in section 151(c)(4) if `half-time' were substituted for `full- time' each place it appears in such section. ``(4) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(g) Special Rules.-- ``(1) Denial of double benefit.--No credit shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter. ``(2) Marital status.--Marital status shall be determined in accordance with section 7703.'' (b) Optional Deduction for Interest on Education Loans.--Paragraph (2) of section 163(h) of the Internal Revenue Code of 1986 (defining personal interest) is amended by striking ``and'' at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: ``(E) any interest paid on a qualified education loan (as defined in section 23(f)) during the period described in section 23(d) and subject to the income limitations described in section 23(e), unless a credit or deduction is taken with respect to such interest under any other provisions of this chapter, and''. (c) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 22 the following new item: ``Section 23. Interest on education loans.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993, but only with respect to loans the first required payment on which is after such date.

Amends the Internal Revenue Code to allow a tax credit for interest paid or incurred on any qualified education loan during the first 48 months (whether or not consecutive) for which interest payments are required to be made. Limits such credit to $300. Allows such tax credit to parents only if the dependent is a student and a personal exemption is claimed for such dependent student. Reduces interest by the amount bearing the same ratio to the interest as the excess of adjusted gross income over the applicable dollar amount bears to the phaseout range. Establishes applicable dollar amounts and phaseout ranges. Excludes interest paid on education loans from the definition of "personal interest" (thus, allowing a deduction to be taken) unless a credit or deduction with respect to such interest is taken.

To amend the Internal Revenue Code of 1986 to allow a credit or deduction for interest paid on education loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Food and Agricultural Science Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the Standing Council of Advisors established under section 4(c). (2) Director.--Except as otherwise provided in this Act, the term ``Director'' means the Director of Food and Agricultural Science. (3) Division.--The term ``Division'' means the Division of Food and Agricultural Science established under section 4(a). (4) Foundation.--The term ``Foundation'' means the National Science Foundation. (5) Fundamental agricultural research; fundamental science.--The terms ``fundamental agricultural research'' and ``fundamental science'' mean fundamental research or science that-- (A) advances the frontiers of knowledge so as to lead to practical results or to further scientific discovery; and (B) has an effect on agriculture, food, human health, or another purpose of this Act, as described in section 3(b). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) United states.--The term ``United States'' when used in a geographical sense means the States, the District of Columbia, the Commonwealth of Puerto Rico, and all territories and possessions of the United States. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--The Agricultural Research, Economics, and Education Task Force established under section 7404 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3101 note) conducted an exhaustive review of agricultural research in the United States and evaluated the merits of establishing 1 or more national institutes focused on disciplines important to the progress of food and agricultural science. Consistent with the findings and recommendations of the Agricultural Research, Economics, and Education Task Force, Congress finds the following: (1) Agriculture in the United States faces critical challenges, including an impending crisis in the food, agricultural, and natural resource systems of the United States. Exotic diseases and pests threaten crops and livestock, obesity has reached epidemic proportions, agriculturally- related environmental degradation is a serious problem for the United States and other parts of the world, certain animal diseases threaten human health, and United States producers of some major crops are no longer the world's lowest cost producers. (2) In order to meet these critical challenges, it is essential that the Nation ensure that the agricultural innovation that has been so successful in the past continues in the future. Agricultural innovation has resulted in hybrid and higher yielding varieties of basic crops and enhanced the world's food supply by increasing yields on existing acres. Since 1960, the world's population has tripled with no net increase in the amount of land under cultivation. Currently, only 1.5 percent of the population of the United States provides the food and fiber to supply the Nation's needs. Agriculture and agriculture sciences play a major role in maintaining the health and welfare of all people of the United States and in husbanding our land and water, and that role must be expanded. (3) Fundamental scientific research that leads to understandings of how cells and organisms work is critical to continued innovation in agriculture in the United States. Such future innovations are dependent on fundamental scientific research, and will be enhanced by ideas and technologies from other fields of science and research. (4) Opportunities to advance fundamental knowledge of benefit to agriculture in the United States have never been greater. Many of these new opportunities are the result of amazing progress in the life sciences over recent decades, attributable in large part to the provision made by the Federal Government through the National Institutes of Health and the National Science Foundation. New technologies and new concepts have speeded advances in the fields of genetics, cell and molecular biology, and proteomics. Much of this scientific knowledge is ready to be mined for agriculture and food sciences, through a sustained, disciplined research effort at an institute dedicated to this research. (5) Publicly sponsored research is essential to continued agricultural innovation to mitigate or harmonize the long-term effects of agriculture on the environment, to enhance the long- term sustainability of agriculture, and to improve the public health and welfare. (6) Competitive, peer-reviewed fundamental agricultural research is best suited to promoting the fundamental research from which breakthrough innovations that agriculture and society require will come. (7) It is in the national interest to dedicate additional funds on a long-term, ongoing basis to an institute dedicated to funding competitive peer-reviewed grant programs that support and promote the highest caliber of fundamental agricultural research. (8) The Nation's capacity to be competitive internationally in agriculture is threatened by inadequate investment in research. (9) To be successful over the long term, grant-receiving institutions must be adequately reimbursed for their costs if they are to pursue the necessary agricultural research. (10) To meet these challenges, address these needs, and provide for vitally needed agricultural innovation, it is in the national interest to provide sufficient Federal funds over the long term to fund a significant program of fundamental agricultural research through an independent institute. (b) Purposes.--The purposes of the Division established under section 4(a) shall be to ensure that the technological superiority of agriculture in the United States effectively serve the people of the United States in the coming decades, and to support and promote fundamental agricultural research of the highest caliber in order to achieve goals, including the following goals: (1) Increase the international competitiveness of United States agriculture. (2) Develop foods that improve health and combat obesity. (3) Create new and more useful food, fiber, health, medicinal, energy, environmental, and industrial products from plants and animals. (4) Improve food safety and food security by protecting plants and animals in the United States from insects, diseases, and the threat of bioterrorism. (5) Enhance agricultural sustainability and improve the environment. (6) Strengthen the economies of the Nation's rural communities. (7) Decrease United States dependence on foreign sources of petroleum by developing bio-based fuels and materials from plants. (8) Strengthen national security by improving the agricultural productivity of subsistence farmers in developing countries to combat hunger and the political instability that it produces. (9) Assist in modernizing and revitalizing the Nation's agricultural research facilities at institutions of higher education, independent non-profit research institutions, and consortia of such institutions, through capital investment. (10) Achieve such other goals and meet such other needs as determined appropriate by the Foundation, the Director, or the Secretary. SEC. 4. ESTABLISHMENT OF DIVISION. (a) Establishment.--There is established within the National Science Foundation a Division of Food and Agricultural Science. The Division shall consist of the Council and be administered by a Director of Food and Agricultural Science. (b) Reporting and Consultation.--The Director shall coordinate the research agenda of the Division with the Secretary. (c) Standing Council of Advisors.-- (1) Establishment.-- (A) In general.--There is established in the Division a Standing Council of Advisors composed of 12 highly qualified scientists who are not employed by the Federal Government and 12 stakeholders. (B) Scientists.-- (i) Appointment.--The 12 scientist members of the Council shall be appointed to 4-year staggered terms by the Director of the National Science Foundation, with the consent of the Director of Food and Agricultural Science. (ii) Qualifications.--The persons nominated for appointment as scientist members of the Council shall be-- (I) eminent in the fields of agricultural research, science, or related appropriate fields; and (II) selected for appointment solely on the basis of established records of distinguished service and to provide representation of the views of agricultural research and scientific leaders in all areas of the Nation. (C) Stakeholders.-- (i) Appointment.--The 12 stakeholder members of the Council shall be appointed to 4- year staggered terms by the Secretary, with the consent of the Director. (ii) Qualifications.--The persons nominated for appointment as stakeholder members of the Council shall-- (I) include distinguished members of the public of the United States, including representatives of farm organizations and industry, and persons knowledgeable about the environment, subsistence agriculture, energy, and human health and disease; and (II) be selected for appointment so as to provide representation of the views of stakeholder leaders in all areas of the Nation. (2) Duties.--The Council shall assist the Director in establishing the Division's research priorities, and in reviewing, judging, and maintaining the relevance of the programs funded by the Division. The Council shall review all proposals approved by the scientific committees of the Division to ensure that the purposes of this Act and the needs of the Nation are being met. (3) Meetings.-- (A) In general.--The Council shall hold periodic meetings in order to-- (i) provide an interface between scientists and stakeholders; and (ii) ensure that the Division is linking national goals with realistic scientific opportunities. (B) Timing.--The meetings shall be held at the call of the Director, or at the call of the Secretary, but not less frequently than annually. SEC. 5. FUNCTIONS OF DIVISION. (a) Competitive Research.-- (1) In general.--The Director shall carry out the purposes of this Act by awarding competitive peer-reviewed grants to support and promote the very highest quality of fundamental agricultural research. (2) Grant recipients.--The Director shall make grants to fund research proposals submitted by-- (A) individual scientists; (B) single and multi-institutional research centers; and (C) entities from the private and public sectors, including researchers in the Department of Agriculture, the Foundation, or other Federal agencies. (b) Complementary Research.--The research funded by the Division shall-- (1) supplement and enhance, not supplant, the existing research programs of, or funded by, the Department of Agriculture, the Foundation, and the National Institutes of Health; and (2) seek to make existing research programs more relevant to United States agriculture, consistent with the purposes of this Act. (c) Grant-Awarding Only.--The Division's sole duty shall be to award grants. The Division may not conduct fundamental agricultural research or fundamental science, or operate any laboratories or pilot plants. (d) Procedures.--The Director shall establish procedures for the peer review, awarding, and administration of grants under this Act, consistent with sound management and the findings and purposes described in section 3.

National Food and Agricultural Science Act of 2004 - Establishes: (1) in the National Science Foundation a Division of Food and Agricultural Science, which shall be administered by a Director of Food and Agricultural Science; and (2) in the Division a Standing Council of Advisors. States that the Division's sole function shall be to award grants to promote complementary, fundamental agricultural research to: (1) individual scientists; (2) single and multi-institutional research centers; and (3) private and public sector entities, including the Department of Agriculture, the Foundation, or other Federal agencies.

A bill to establish a Division of Food and Agricultural Science within the National Science Foundation and to authorize funding for the support of fundamental agricultural research of the highest quality, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``High Risk Protection Act of 2007''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``critical infrastructure'' has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101); (2) the term ``Department'' means the Department of Homeland Security; (3) the term ``high-threat area'' means an area determined to be a high-threat area under section 3(a)(1); (4) the term ``Secretary'' means the Secretary of Homeland Security; and (5) the term ``Urban Area Security Initiative Grant Program'' means the Urban Area Security Initiative Grant Program administered by the Department from funds appropriated for discretionary grants to high-threat, high-density urban areas. SEC. 3. FUNDING FOR THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM. (a) In General.-- (1) Allocation based on risk only.--Notwithstanding any other provision of law, amounts appropriated to the Department for the Urban Area Security Initiative Grant Program shall be allocated based solely on risk (which shall include an evaluation of threats, vulnerabilities, and consequences and consideration of any previous terrorist attacks), as determined by the Secretary based on the considerations listed in subparagraphs (A) and (B) of paragraph (2). (2) Determination of high-threat areas.--In determining which areas qualify as high-threat areas for the Urban Area Security Initiative Grant Program, the Secretary shall consider-- (A) whether the area-- (i) contains critical infrastructure, including-- (I) skyscrapers and large commercial buildings; (II) transportation assets, including rail and mass transit, bridges and tunnels, and airports; (III) commuting populations; (IV) a national monument or icon; (V) a nuclear power plant or nonpower reactor; (VI) a seaport; (VII) a chemical facility; (VIII) a military facility; (IX) a Federal facility; (X) a dam; (XI) a nonnuclear electric power plant; (XII) a food or agriculture center; (XIII) an oil or natural gas refinery or pipeline; (XIV) a financial center; and (XV) a stadium or arena; and (ii) is located on an international border or coastline, including the number of border crossings; and (B) the population, population density, law enforcement investigative and enforcement activity, and tourism in the area. (3) Determination of allocation.--In allocating amounts among high-threat areas for the Urban Area Security Initiative Grant Program, the Secretary shall evaluate all threats (including threats to national monuments and icons) and critical infrastructure vulnerabilities located in high-threat areas using the considerations listed in subparagraphs (A) and (B) of paragraph (2). (b) Peer Review.--The Urban Area Security Initiative Grant Program shall not be subject to the peer review process of the Department. (c) Use of Funds.--Notwithstanding any other provision of law, funds made available under the Urban Area Security Initiative Grant Program may be used for overtime and other employment costs directly relating to the prevention of terrorist activities and any other activity determined to be necessary by the Secretary. (d) Reporting Regarding Grants.--Not later than 30 days before making a final allocation of grants to high-threat areas under the Urban Area Security Initiative Program, the Secretary shall submit to each Member of the Senate and the House of Representatives who represents a high-threat area a report regarding the proposed allocation of funds, including a description of the analysis of critical infrastructure used in making the proposed allocation. SEC. 4. REPORTING REGARDING DETERMINATION AND EVALUATION. The Secretary shall submit a report to the Committee on Homeland Security and Government Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives regarding the determination of high-threat areas, evaluation of threats, vulnerabilities, and consequences, and consideration of any previous terrorist attacks under section 3(a).

High Risk Protection Act of 2007 - Requires amounts appropriated to the Department of Homeland Security (DHS) for the Urban Area Security Initiative Grant Program to be allocated based solely on risk (which shall include an evaluation of threats, vulnerabilities, and consequences and consideration of any previous terrorist attacks). Directs the Secretary of Homeland Security: (1) in determining which areas qualify as high-threat areas, to consider whether the area contains critical infrastructure and is located on an international border or coastline and the area's population, population density, law enforcement investigative and enforcement activity, and tourism; and (2) in allocating amounts among high-threat areas, to evaluate all threats (including threats to national monuments and icons) and critical infrastructure vulnerabilities. Provides that the Program shall not be subject to the DHS peer review process. Allows funds made available under the Program to be used for overtime and other employment costs directly relating to the prevention of terrorist activities. Requires the Secretary to submit reports to each Member of Congress who represents a high-threat area regarding the proposed allocation of funds and to specified congressional committees on the determinations made.

A bill to ensure adequate funding for high-threat areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Overmedication Prevention Act of 2016''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS INDEPENDENT REVIEW OF CERTAIN DEATHS OF VETERANS BY SUICIDE. (a) Review Required.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a review of the deaths of all covered veterans who died by suicide during the five-year period ending on the date of the enactment of this Act. (2) Alternate organization.-- (A) In general.--If the Secretary is unable to enter into an agreement described in paragraph (1) with the National Academies of Sciences, Engineering, and Medicine on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organization that-- (i) is not part of the Federal Government; (ii) operates as a not-for-profit entity; and (iii) has expertise and objectivity comparable to that of the National Academies of Sciences, Engineering, and Medicine. (B) Treatment.--If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this section to the National Academies of Sciences, Engineering, and Medicine shall be treated as a reference to the other organization. (3) Elements.--The review required by paragraph (1) shall include the following: (A) The total number of covered veterans who died by suicide during the five-year period ending on the date of the enactment of this Act. (B) The total number of covered veterans who died by a violent death during such five-year period. (C) The total number of covered veterans who died by an accidental death during such five-year period. (D) A description of each covered veteran described in subparagraphs (A) through (C), including age, gender, race, and ethnicity. (E) A comprehensive list of prescribed medications and legal or illegal substances as annotated on toxicology reports of covered veterans described in subparagraphs (A) through (C), specifically listing any medications that carried a black box warning, were prescribed for off-label use, were psychotropic, or carried warnings that included suicidal ideation. (F) A summary of medical diagnoses by physicians of the Department of Veterans Affairs or physicians providing services to covered veterans through programs of the Department that led to the prescribing of medications referred to in subparagraph (E) in cases of post-traumatic stress disorder, traumatic brain injury, military sexual trauma, and other anxiety and depressive disorders. (G) The number of instances in which a covered veteran described in subparagraph (A), (B), or (C) was concurrently on multiple medications prescribed by physicians of the Department or physicians providing services to veterans through programs of the Department to treat post-traumatic stress disorder, traumatic brain injury, military sexual trauma, other anxiety and depressive disorders, or instances of comorbidity. (H) The number of covered veterans described in subparagraphs (A) through (C) who were not taking any medication prescribed by a physician of the Department or a physician providing services to veterans through a program of the Department. (I) With respect to the treatment of post-traumatic stress disorder, traumatic brain injury, military sexual trauma, or other anxiety and depressive disorders, the percentage of covered veterans described in subparagraphs (A) through (C) who received a non- medication first-line treatment compared to the percentage of such veterans who received medication only. (J) With respect to the treatment of covered veterans described in subparagraphs (A) through (C) for post-traumatic stress disorder, traumatic brain injury, military sexual trauma, or other anxiety and depressive disorders, the number of instances in which a non- medication first-line treatment (such as cognitive behavioral therapy) was attempted and determined to be ineffective for such a veteran, which subsequently led to the prescribing of a medication referred to in subparagraph (E). (K) A description and example of how the Department determines and continually updates the clinical practice guidelines governing the prescribing of medications. (L) A description of the efforts of the Department to maintain appropriate staffing levels for mental health professionals, such as mental health counselors, marriage and family therapists, and other appropriate counselors, including-- (i) a description of any impediments to carry out the education, training, and hiring of mental health counselors and marriage and family therapists under section 7302(a) of title 38, United States Code; (ii) with respect to mental health counselors, marriage and family therapists, and other appropriate counselors, an identification of resolutions for-- (I) any standardized credentialing discrepancies; and (II) any impediments to the development of an internship training program; (iii) an assessment of the development by the Department of hiring guidelines for mental health counselors, marriage and family therapists, and other appropriate counselors; and (iv) a description of how the Department-- (I) identifies gaps in the supply of mental health professionals; and (II) determines successful staffing ratios for mental health professionals of the Department. (M) The percentage of covered veterans described in subparagraphs (A) through (C) with combat experience or trauma related to combat experience (including military sexual trauma, traumatic brain injury, and post- traumatic stress). (N) An identification of the medical facilities of the Department with markedly high prescription rates and suicide rates for veterans receiving treatment at those facilities. (O) An analysis, by State, of programs of the Department that collaborate with State Medicaid agencies and the Centers for Medicare and Medicaid Services, including the following: (i) An analysis of the sharing of prescription and behavioral health data for veterans. (ii) An analysis of whether Department staff check with State prescription drug monitoring programs before prescribing medications to veterans. (iii) A description of the procedures of the Department for coordinating with prescribers outside of the Department to ensure that veterans are not overprescribed. (iv) A description of actions that the Department takes when a veteran is determined to be overprescribed. (P) An analysis of the collaboration of medical centers of the Department with medical examiners' offices or local jurisdictions to determine veteran mortality and cause of death. (Q) An identification and determination of a best practice model to collect and share veteran death certificate data between the Department of Veterans Affairs, the Department of Defense, States, and tribal entities. (R) An assessment of any patterns apparent to the National Academies of Sciences, Engineering, and Medicine based on the review conducted under paragraph (1). (S) Such recommendations for further action that would improve the safety and well-being of veterans as the National Academies of Sciences, Engineering, and Medicine determine appropriate. (4) Compilation of data.-- (A) Form of compilation.--The Secretary of Veterans Affairs shall ensure that data compiled under paragraph (3) is compiled in a manner that allows it to be analyzed across all data fields for purposes of informing and updating clinical practice guidelines of the Department of Veterans Affairs. (B) Compilation of data regarding covered veterans.--In compiling data under paragraph (3) regarding covered veterans described in subparagraphs (A) through (C) of such paragraph, data regarding veterans described in each such subparagraph shall be compiled separately. (5) Completion of review and report.--The agreement entered into under paragraph (1) shall require that the National Academies of Sciences, Engineering, and Medicine complete the review under such paragraph and submit to the Secretary of Veterans Affairs a report containing the results of the review not later than 180 days after entering into the agreement. (b) Report.--Not later than 30 days after the completion by the National Academies of Sciences, Engineering, and Medicine of the review required under subsection (a), the Secretary of Veterans Affairs shall-- (1) submit to Congress a report on the results of the review; and (2) make such report publicly available. (c) Definitions.--In this section: (1) The term ``black box warning'' means a warning displayed on the label of a prescription drug that is designed to call attention to the serious or life-threatening risk of the prescription drug. (2) The term ``covered veteran'' means a veteran who received hospital care or medical services furnished by the Department of Veterans Affairs during the five-year period preceding the death of the veteran. (3) The term ``first-line treatment'' means a potential intervention that has been evaluated and assigned a high score within clinical practice guidelines. (4) The term ``State'' means each of the several States, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Veteran Overmedication Prevention Act of 2016 This bill requires the Department of Veterans Affairs (VA) to contract with the National Academies of Sciences, Engineering, and Medicine (or another private, not-for-profit entity with comparable expertise) to review the deaths of all covered veterans who died by suicide during the last five years. The review shall include: the total numbers of veterans who died by a violent death or by an accidental death during such period; each veteran's age, gender, race, and ethnicity; a list of medications and substances prescribed to such veterans, as annotated on toxicology reports; a summary of medical diagnoses by VA physicians that led to such prescriptions in cases of anxiety and depressive disorders; the number of instances in which such a veteran was concurrently on multiple medications prescribed by VA physicians; the number of such veterans who were not taking any VA-prescribed medication; the percentage of such veterans treated for anxiety or depressive disorders who received a non-medication first-line treatment compared to the percentage who received medication only; the number of instances in which a non-medication first-line treatment was attempted and deemed ineffective which led to prescribing medication; descriptions of how the VA determines and updates clinical practice guidelines for prescribing medications and of VA efforts to maintain appropriate staffing levels for mental health professionals; the percentage of such veterans with combat experience or related trauma; identification of VA medical facilities with markedly high prescription rates and suicide rates for treated veterans; an analysis of VA programs that collaborate with state Medicaid agencies and the Centers for Medicare and Medicaid Services; an analysis of VA medical center collaboration with medical examiners' offices or local jurisdictions to determine veteran mortality and cause of death; identification of a best practice model to collect and share veteran death certificate data; an assessment of any apparent patterns based on the review; and recommendations to improve the safety and well-being of veterans. The VA shall ensure that such data is compiled in a manner that allows it to be analyzed across all data fields for purposes of informing and updating VA clinical practice guidelines. A "covered veteran" means any veteran who received VA hospital care or medical services during the five-year period preceding the veteran's death.

Veteran Overmedication Prevention Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Access to a Secure Retirement Act of 2017''. SEC. 2. FIDUCIARY SAFE HARBOR FOR SELECTION OF LIFETIME INCOME PROVIDER. Section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end the following: ``(e) Safe Harbor for Annuity Selection.-- ``(1) In general.--With respect to the selection of an insurer and a guaranteed retirement income contract, the requirements of subsection (a)(1)(B) will be deemed to be satisfied if a fiduciary-- ``(A) engages in an objective, thorough, and analytical search for the purpose of identifying insurers from which to purchase such contracts; ``(B) with respect to each insurer identified under subparagraph (A)-- ``(i) considers the financial capability of such insurer to satisfy its obligations under the guaranteed retirement income contract; and ``(ii) considers the cost (including fees and commissions) of the guaranteed retirement income contract offered by the insurer in relation to the benefits and product features of the contract and administrative services to be provided under such contract; and ``(C) on the basis of such consideration, concludes that-- ``(i) at the time of the selection, the insurer is financially capable of satisfying its obligations under the guaranteed retirement income contract; and ``(ii) the relative cost of the selected guaranteed retirement income contract as described in subparagraph (B)(ii) is reasonable. ``(2) Financial capability of the insurer.--A fiduciary will be deemed to satisfy the requirements of paragraphs (1)(B)(i) and (1)(C)(i) if-- ``(A) the fiduciary obtains written representations from the insurer that-- ``(i) the insurer is licensed to offer guaranteed retirement income contracts; ``(ii) the insurer, at the time of selection and for each of the immediately preceding 7 plan years-- ``(I) operates under a certificate of authority from the insurance commissioner of its domiciliary State which has not been revoked or suspended; ``(II) has filed audited financial statements in accordance with the laws of its domiciliary State under applicable statutory accounting principles; ``(III) maintains (and has maintained) reserves which satisfies all the statutory requirements of all States where the insurer does business; and ``(IV) is not operating under an order of supervision, rehabilitation, or liquidation; ``(iii) the insurer undergoes, at least every 5 years, a financial examination (within the meaning of the law of its domiciliary State) by the insurance commissioner of the domiciliary State (or representative, designee, or other party approved by such commissioner); and ``(iv) the insurer will notify the fiduciary of any change in circumstances occurring after the provision of the representations in clauses (i), (ii), and (iii) which would preclude the insurer from making such representations at the time of issuance of the guaranteed retirement income contract; and ``(B) after receiving such representations and as of the time of selection, the fiduciary has not received any notice described in subparagraph (A)(iv) and is in possession of no other information which would cause the fiduciary to question the representations provided. ``(3) No requirement to select lowest cost.--Nothing in this subsection shall be construed to require a fiduciary to select the lowest cost contract. A fiduciary may consider the value of a contract, including features and benefits of the contract and attributes of the insurer (including, without limitation, the insurer's financial strength) in conjunction with the cost of the contract. ``(4) Time of selection.-- ``(A) In general.--For purposes of this subsection, the time of selection is-- ``(i) the time that the insurer and the contract are selected for distribution of benefits to a specific participant or beneficiary; or ``(ii) if the fiduciary periodically reviews the continuing appropriateness of the conclusion described in paragraph (1)(C) with respect to a selected insurer, taking into account the considerations described in such paragraph, the time that the insurer and the contract are selected to provide benefits at future dates to participants or beneficiaries under the plan. Nothing in the preceding sentence shall be construed to require the fiduciary to review the appropriateness of a selection after the purchase of a contract for a participant or beneficiary. ``(B) Periodic review.--A fiduciary will be deemed to have conducted the periodic review described in subparagraph (A)(ii) if the fiduciary obtains the written representations described in clauses (i), (ii), and (iii) of paragraph (2)(A) from the insurer on an annual basis, unless the fiduciary receives any notice described in paragraph (2)(A)(iv) or otherwise becomes aware of facts that would cause the fiduciary to question such representations. ``(5) Limited liability.--A fiduciary which satisfies the requirements of this subsection shall not be liable following the distribution of any benefit, or the investment by or on behalf of a participant or beneficiary pursuant to the selected guaranteed retirement income contract, for any losses that may result to the participant or beneficiary due to an insurer's inability to satisfy its financial obligations under the terms of such contract. ``(6) Definitions.--For purposes of this subsection-- ``(A) Insurer.--The term `insurer' means an insurance company, insurance service, or insurance organization, including affiliates of such companies. ``(B) Guaranteed retirement income contract.--The term `guaranteed retirement income contract' means an annuity contract for a fixed term or a contract (or provision or feature thereof) which provides guaranteed benefits annually (or more frequently) for at least the remainder of the life of the participant or the joint lives of the participant and the participant's designated beneficiary as part of an individual account plan.''.

Increasing Access to a Secure Retirement Act of 2017 This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to specify optional measures that a fiduciary for a pension plan may take in selecting an insurer and a guaranteed retirement income contract to assure that the fiduciary meets the prudent man standard of care required under ERISA. A "guaranteed retirement income contract" is an annuity contract for a fixed term or a contract (or provision or feature thereof) which provides guaranteed benefits annually (or more frequently) for at least the remainder of the life of the participant or joint lives of the participant and the participant's designated beneficiary as part of a defined contribution plan.

Increasing Access to a Secure Retirement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Military Training Transparency and Accountability Act''. SEC. 2. PROHIBITION ON PROVISION OF DEFENSE SERVICES AND TRAINING TO FOREIGN COUNTRIES INELIGIBLE FOR IMET ASSISTANCE OR OTHER MILITARY ASSISTANCE OR ARMS TRANSFERS. (a) In General.--The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended by inserting after the first section 40A the following: ``SEC. 40B. PROHIBITION ON PROVISION OF DEFENSE SERVICES AND TRAINING TO FOREIGN COUNTRIES INELIGIBLE FOR IMET ASSISTANCE OR OTHER MILITARY ASSISTANCE OR ARMS TRANSFERS. ``(a) In General.--No defense services or training (including Joint Combined Exchange Training (JCET)) may be provided by sale, lease, loan, grant, or other means under this Act or any other Act to any foreign country that is subject to any provision of law that prohibits or restricts receipt by such country of-- ``(1) international military education and training under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.); or ``(2) other military assistance or arms transfers. ``(b) Exceptions.--(1) A foreign country that is eligible to receive only expanded international military education and training under chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.), and is not otherwise prohibited from receiving any other military assistance or arms transfers, may receive defense services and training under this Act or any other Act but only to the extent that such services and training consist of training of civilian officials and military officers of the armed forces on military justice, international human rights standards, and the proper role of the armed forces in a democratic society. ``(2) A foreign country that is subject to a provision of law that prohibits or restricts receipt by such country of international military education and training or any other military assistance or arms transfers shall not by reason of such prohibition or restriction be prohibited from receiving defense services and training under this Act or any other Act that are substantially unrelated to the military assistance or arms transfers so prohibited or restricted, but only if, at least 15 days before the proposed provision of the services and training to the country, the President transmits to the Congress a certification containing-- ``(A) a description of each provision of law that prohibits or restricts receipt by the country of international military education and training or any other military assistance or arms transfers; ``(B) a description of the defense services and training to be provided to the country; and ``(C) an explanation of how the defense services and training are substantially unrelated to the military assistance or arms transfers so prohibited or restricted. ``(3) Subsection (a) shall not apply with respect to a foreign country described in section 546 of such Act (22 U.S.C. 2347c) by reason of designation under such section. ``(c) Waiver.--The President may waive the prohibition in subsection (a) with respect to a foreign country if the President-- ``(1) determines that it is important to the national security of the United States to do so; and ``(2) transmits to the Congress a certification containing-- ``(A) the determination under paragraph (1), including an explanation of why it is important to the national security of the United States to provide the waiver; ``(B) a description of each provision of law that prohibits or restricts receipt by the country of international military education and training or any other military assistance or arms transfers; ``(C) a description of any limitations on the defense services and training to be provided to the country under the waiver; and ``(D) a description of how the provision of the waiver, including any limitations on the defense services and training to be provided to the country under the waiver, will preserve to the fullest extent consistent with the national security of the United States the purpose of the provision of law that prohibits or restricts receipt by the country of international military education and training or any other military assistance or arms transfers. ``(d) Definition.--In this section, the term `military assistance or arms transfers' means-- ``(1) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C 2311 et seq.; relating to military assistance), including the transfer of excess defense articles under section 516 of that Act (22 U.S.C. 2321j); ``(2) assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund); ``(3) assistance under the ``Foreign Military Financing Program'' under section 23 of this Act; and ``(4) the transfer of defense articles, defense services, or design and construction services under this Act, including defense articles and defense services licensed or approved for export under section 38 of this Act.''. (b) Conforming Amendment.--The second section 40A of the Arms Export Control Act (22 U.S.C. 2785), as added by section 150(a) of Public Law 104-164 (110 Stat. 1436), is hereby redesignated as section 40.

International Military Training Transparency and Accountability Act - Amends the Arms Export Control Act to prohibit the sale, lease, loan, or grant of defense services or training (including Joint Combined Exchange Training (JCET)) to any foreign country that is prohibited or restricted from receiving international military education and training (IMET), or other military assistance or arms transfers. Permits a foreign country that is eligible to receive only expanded IMET, and is not prohibited from receiving any other military assistance or arms transfers, to receive defense services and training if it provides for training of civilian officials and military officers of the armed forces on military justice, international human rights standards, and the proper role of such forces in a democratic society. Permits a foreign country otherwise prohibited or restricted from receiving IMET or any other military assistance or arms transfers to receive defense services and training substantially unrelated to the prohibited military assistance or arms transfers, provided the President makes a specified certification to the Congress. Authorizes the President to waive any prohibition under this Act with respect to a foreign country upon certification to the Congress that it is important to the national security of the United States.

International Military Training Transparency and Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Security Innovation & Reform Act of 2010'' or the ``AIR Act of 2010''. SEC. 2. CONTINUING SECURITY TRAINING. Section 44935 of title 49, United States Code, is amended-- (1) by striking ``Under Secretary of Transportation for Security'' each place it appears and inserting ``Assistant Secretary of Homeland Security (Transportation Security Administration)''; (2) by striking ``Under Secretary'' each place it appears and inserting ``Assistant Secretary''; (3) by amending subsection (g) to read as follows: ``(g) Training.-- ``(1) Training plan.--The Assistant Secretary shall establish and implement a plan for the training of Transportation Security Officers that-- ``(A) to the maximum extent practicable, ensures that the training received by Transportation Security Officers is standardized; and ``(B) meets the requirements of this subsection. ``(2) General training requirements.--The plan required by paragraph (1) shall require, at a minimum, that an individual employed as a Transportation Security Officer-- ``(A) receives, before the individual performs any screening functions as a Transportation Security Officer, training in basic security screening skills and in criminal and antiterrorism awareness; ``(B) completes a program that the Assistant Secretary determines will train individuals to a level of proficiency to adequately perform on the job; ``(C) successfully completes an up-to-date technical training examination prescribed by the Assistant Secretary; and ``(D) in the case of a Transportation Security Officer who will be responsible for verifying travel documents, completes up-to-date technical training in document fraud identification, as considered appropriate by the Assistant Secretary. ``(3) Equipment-specific training.--An individual employed as a Transportation Security Officer may not use any security screening device or equipment in the scope of that individual's employment unless the individual has been trained on that device or equipment and has successfully completed a test on the use of the device or equipment. ``(4) Continuing education.--The plan required by paragraph (1) shall require an individual employed as a Transportation Security Officer to receive annual training, as considered appropriate by the Assistant Secretary. ``(5) Use of other agencies.--The Assistant Secretary may enter into a memorandum of understanding or other arrangement with any other Federal agency or department with appropriate law enforcement responsibilities, to provide personnel, resources, or other forms of assistance in the training of Transportation Security Officers.''; (4) by moving subsection (h) 2 ems to the left; and (5) by redesignating the second subsection (i) (relating to accessibility of computer-based training facilities) as subsection (k). SEC. 3. OFFICE OF BEHAVIOR ANALYSIS. Section 114 of title 49, United States Code, is amended-- (1) in subsection (a), by striking ``Department of Transportation'' and inserting ``Department of Homeland Security''; (2) by striking ``Under Secretary of Transportation for Security'' each place it appears and inserting ``Assistant Secretary of Homeland Security (Transportation Security Administration)''; (3) by striking ``Under Secretary'' each place it appears and inserting ``Assistant Secretary''; and (4) by inserting after subsection (s) the following: ``(t) Office of Behavior Analysis.-- ``(1) Establishment.--There is established in the Transportation Security Administration the Office of Behavior Analysis (in this subsection referred to as the `Office'). ``(2) Location.--The Office of Behavior Analysis shall be within the Office of Security Operations of the Transportation Security Administration in the Department of Homeland Security and shall be headed by a Transportation Security Administration career employee, who shall be appointed by the Assistant Secretary of Homeland Security (Transportation Security Administration). ``(3) Duties.--The head of the Office shall be responsible for-- ``(A) advising the Transportation Security Administration and other Federal, State, and local government law enforcement agencies on behavior detection methodologies and best practices; and ``(B) providing behavior assessment training to law enforcement personnel to facilitate the prevention of terrorist attacks on aviation and mass transportation systems.''. SEC. 4. PARTNERSHIPS WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES WITH RESPECT TO BEHAVIOR DETECTION ACTIVITIES. (a) In General.--The Assistant Secretary of Homeland Security (Transportation Security Administration) (in this Act referred to as the ``Assistant Secretary'') shall develop and maintain partnerships with State and local law enforcement agencies-- (1) to improve the coordination of behavior detection activities; and (2) to deploy Transportation Security Officers of the Transportation Security Administration that specialize in techniques to identify high-risk individuals based on behavior patterns (in this Act referred to as ``behavior detection officers'') to serve as an additional layer of security and to deter acts of terrorism at train and bus stations and other infrastructure facilities. (b) Collaboration in Training and Behavior Detection Activities.-- In implementing partnerships under subsection (a), the Assistant Secretary shall-- (1) coordinate the provision of behavior detection training for State and local law enforcement officers with similar training provided for Transportation Security Officers of the Transportation Security Administration; and (2) provide behavior detection officers with the opportunity to cross-train with State and local law enforcement agencies and other Federal law enforcement agencies that are responsible for protecting critical infrastructure facilities and mass transit systems, as the Assistant Secretary considers appropriate. SEC. 5. ACCESS TO INFORMATION DATABASES. The Assistant Secretary shall-- (1) provide a select group of behavior detection officers at Passengers by Observation Techniques airports with an appropriate level of security clearance to access law enforcement and intelligence databases, to assist in verifying a passenger's identity, and to assist in law enforcement operations; (2) require the Transportation Security Administration's Transportation Security Operations Center to utilize all of the law enforcement and intelligence databases available to the Center when checking passengers that are at the law enforcement official referral level; and (3) standardize and streamline threat-reporting guidelines to allow behavior detection officers or other designated Transportation Security Administration officials to receive information from the Transportation Security Operations Center in a timely manner. SEC. 6. STANDARDIZATION OF POLICIES OF THE TRANSPORTATION SECURITY ADMINISTRATION. The Assistant Secretary shall, to the maximum extent practicable, continue to ensure the standardization of the security and personnel procedures of the Transportation Security Administration at airports in the United States, including by-- (1) requiring standard operating procedures to be consistently enforced by the Transportation Security Administration at each airport in the United States; (2) standardizing career advancement policies based on merit; and (3) establishing timeframes and milestones for systematically conducting evaluations of the Screening of Passengers by Observation Techniques (SPOT) training program, in order to ensure behavior detection officers possess the knowledge and skills needed to perform their duties. SEC. 7. DEPLOYMENT OF ADDITIONAL SECURITY. The Assistant Secretary shall-- (1) deploy behavior detection officers to events designated as National Special Security Events by the Secretary of Homeland Security; and (2) deploy Visible Intermodal Prevention and Response teams at passenger rail facilities to enhance security and cross- training opportunities for behavior detection officers. SEC. 8. EMPLOYEE FEEDBACK. The Assistant Secretary shall establish an electronic medium through which security screening personnel and behavior detection officers of the Transportation Security Administration may anonymously submit feedback to the Assistant Secretary regarding-- (1) the effectiveness of transportation security programs; and (2) any management issue that such personnel or any such Transportation Security Officer wish to bring to the attention of the Assistant Secretary.

Aviation Security Innovation & Reform Act of 2010 or AIR Act of 2010 - Directs the Assistant Secretary of Homeland Security (Assistant Secretary) (Transportation Security Administration [TSA]) to prescribe employment standards for air carrier personnel and airport security personnel. (Under current law, the Under Secretary of Transportation for Security (Department of Transportation [DOT]) is required to prescribe such standards.) Revises security screening personnel training plan requirements to require the Assistant Secretary to establish a training plan for TSA Transportation Security Officers (TSOs) that: (1) ensures that TSO training is standardized; and (2) meets certain other requirements, including that each TSO receives training in basic security screening skills and criminal and antiterrorism awareness. Places the TSA, headed by the Assistant Secretary, under the administration of the Department of Homeland Security (DHS). (Effectively updates federal law to reflect the transfer of the TSA from DOT to DHS in March, 2003.) Establishes in the TSA the Office of Behavior Analysis, which shall provide behavior assessment training to TSA and other federal, state, and local government law enforcement personnel. Requires the Assistant Secretary to develop partnerships with state and local law enforcement agencies to: (1) improve coordination of behavior detection activities; and (2) deploy TSOs specializing in techniques to identify high-risk individuals based on behavior patterns (behavior detection officers) to serve as an additional layer of security and to deter terrorism at train and bus stations and other infrastructure facilities. Directs the Assistant Secretary to: (1) provide a select group of behavior detection officers at Passengers by Observation Techniques airports with an appropriate level of security clearance to access law enforcement and intelligence databases, assist in verifying a passenger's identity, and assist in law enforcement operations; (2) require the TSA Transportation Security Operations Center to use all of the law enforcement and intelligence databases available when checking passengers at the law enforcement official referral level; and (3) standardize and streamline threat-reporting guidelines to allow behavior detection officers or other designated TSA officials to receive Center information in a timely manner. Directs the Assistant Secretary to continue the standardization of TSA security and personnel procedures at U.S. airports. Requires the Assistant Secretary to deploy: (1) behavior detection officers to National Special Security Events designated by the DHS Secretary; and (2) Visible Intermodal Prevention and Response teams at passenger rail facilities to enhance security and cross-training opportunities for behavior detection officers. Directs the Assistant Secretary to establish an electronic medium through which TSOs and behavior detection officers may anonymously submit feedback regarding TSA transportation security programs or management issues.

A bill to standardize training programs of the Transportation Security Administration, to establish an Office of Behavior Analysis in the Transportation Security Administration, to enhance partnerships between the Transportation Security Administration and State and local law enforcement agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonial New Mexico Commemorative Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) in 1598, almost a decade before the first permanent English settlement was established at Jamestown, Spanish colonists entered New Mexico, beginning more than 2 centuries of colonization that would indelibly mark the character of the American Southwest; (2) because of the flow of history, New Mexico has remained a unique area of the Spanish borderlands; (3) as a result of its remoteness, New Mexico changed more slowly than other settlements and has retained many significant remnants of colonial customs, language, and attitudes; and (4) the interaction of the American Indian and Hispanic colonial heritages resulted in customs, architecture, and many other manifestations that are unique to today's American culture. (b) Purpose.--In order to enhance the preservation, interpretation, and public understanding of various aspects of colonial New Mexico, the purpose of this Act is to authorize the Secretary of the Interior to formulate a program for the research, interpretation, and preservation of various aspects of colonial New Mexico history. SEC. 3. DEFINITIONS. As used in this Act: (1) Committee.--The term ``Committee'' means the Colonial New Mexico Preservation Advisory Committee established by section 6. (2) Plan.--The term ``plan'' means the comprehensive management plan described in section 5. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. DUTIES OF SECRETARY. (a) Plan.-- (1) Preparation.--The Secretary shall prepare the comprehensive management plan in accordance with section 5. (2) Implementation.--In close consultation with the Office of Cultural Affairs of the State of New Mexico and the Committee, the Secretary shall-- (A) coordinate the activities of Federal, State, and local governments, and private businesses and organizations, to carry out the plan and the purpose of this Act; and (B) consistent with standards established by the Secretary for the preservation of historic properties and for educational programs, and consistent with the National Historic Preservation Act (16 U.S.C. 470 et seq.), prepare guidelines and standards for projects, as identified in the plan, that will further public understanding of colonial New Mexico history. (b) Grants.-- (1) In general.--From funds appropriated, donated, or otherwise made available to the Secretary, the Secretary shall award grants to tribal, governmental, and nongovernmental entities to conserve and protect structures, objects, and sites, and help support cultural events, that have outstanding significance in the commemoration of colonial New Mexico, except that the Federal share shall not exceed 50 percent of the cost of each project. (2) Non-federal share.--The non-Federal share may be in the form of cash or services, including donation of labor for project implementation. (c) Surveys and Archaeological Investigations.--The Secretary shall contract for surveys and archaeological and historical investigations of sites relating to colonial New Mexico, including the preparation of reports and maps, and the curation of artifacts. (d) Publications.--The Secretary shall publish study reports and educational materials. (e) Nominations to National Register of Historic Places.--The Secretary shall prepare thematic nominations to the National Register of Historic Places of colonial sites and resources in New Mexico. (f) Staff of Other Agencies.--On a reimbursable basis, the Secretary may procure the services of personnel detailed from the State of New Mexico or other Federal agencies. (g) Donations.--The Secretary may seek and accept donations of funds or services from public and private entities to carry out this Act. SEC. 5. COMPREHENSIVE MANAGEMENT PLAN. (a) In General.--Not later than 2 years after funds are made available for purposes of this Act, the Secretary, in consultation with the Committee, the State of New Mexico, units of local government, and private groups, shall prepare a comprehensive management plan to provide direction for commemorative actions and projects. (b) Contents.--The plan shall-- (1) establish a process and procedures for undertaking research relating to colonial New Mexico and a program for regular publication of research materials and findings; (2) develop a survey program to further evaluate known resources and identify sites and features that require additional study; (3) identify a core system of interpretive sites and features that would provide a comprehensive overview of the colonial New Mexico story; (4) prepare interpretive materials to address the colonial New Mexico story and identify locations where this material will be available to the public; (5) evaluate and recommend high priority sites and resources that need protection and assistance; (6) with the assistance of site owners, prepare options for the protection and management of high priority colonial New Mexico resources; (7) evaluate and recommend highway routes, in existence on the date of the plan, that could be designated by the State of New Mexico as colonial New Mexico tour routes; and (8) evaluate the feasibility of and need for developing commemorative centers in New Mexico in accordance with section 7(a). SEC. 6. ESTABLISHMENT OF ADVISORY COMMITTEE. (a) In General.--There is established in the Department of the Interior the Colonial New Mexico Preservation Advisory Committee to advise the Secretary with respect to the administration of this Act. (b) Membership.-- (1) Composition.--The Committee shall be composed of 15 members who have knowledge of New Mexico colonial history and culture and who shall be appointed by the Secretary, of whom-- (A) three members shall be appointed from recommendations submitted by the Governor of New Mexico, of whom one member shall represent the Office of Cultural Affairs of the State of New Mexico; (B) one member shall be appointed from recommendations submitted by the All Indian Pueblo Council; (C) one member-- (i) shall be from the general public; and (ii) shall have knowledge of colonial history in New Mexico; (D) four members-- (i) shall be appointed from recommendations submitted by local governments in New Mexico; and (ii) shall represent Hispanic communities; (E) one member shall be appointed from recommendations submitted by the President of the University of New Mexico; (F) one member shall be appointed from recommendations submitted by the President of New Mexico State University; (G) one member shall be appointed from recommendations jointly submitted by the Navajo and Apache tribal governments; (H) one member shall have professional expertise in the colonial history of New Mexico; (I) one member shall have professional expertise in architectural history; and (J) one member shall be the Secretary or the Secretary's designee and shall serve in an ex-officio capacity. (2) Chairperson.-- (A) In general.--The Committee shall elect a chairperson from among its members. (B) Term.--The chairperson shall serve for a term of 2 years. (3) Vacancies.--A vacancy in the Committee shall be filled in the manner in which the original appointment was made. (4) Terms.-- (A) In general.--Each member of the Committee shall be appointed for a term of 5 years. (B) Members filling vacancies.--A member appointed to fill a vacancy shall serve for the remainder of the term for which the member's predecessor was appointed. (C) Extended service.--A member of the Committee may serve after the expiration of the member's term until a successor is appointed. (5) Compensation.--Members of the Committee shall serve without compensation. (6) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Committee, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (c) Meetings.-- (1) In general.--The Committee shall meet at least twice annually or at the call of the chairperson or a majority of the members of the Committee. (2) Quorum.--A simple majority of members of the Committee shall constitute a quorum. (d) Hearings.--To carry out this section, the Committee may hold public hearings, take testimony, and record the views of the public regarding the plan and implementation of the plan. (e) Termination.--The Committee shall terminate 10 years after completion of the appointment of the first group of members. SEC. 7. COMMEMORATIVE CENTERS. (a) In General.-- (1) In general.--The Secretary may develop commemorative centers, operate educational programs, provide technical assistance, conduct cultural events, and prepare media materials, except that the Federal share of a project shall not exceed 50 percent of the total cost of development. (2) Non-federal share.--The non-Federal share may be in the form of cash or services. (b) Espanola Plaza Center.-- (1) In general.--In consultation with the Committee, the Secretary may pay to the city of Espanola, New Mexico, the Federal share of planning, developing, and operating a commemorative center as an element of the Spanish Commemorative Plaza. (2) Federal share.--The Federal share may not exceed 50 percent of the total cost of the Espanola Plaza project. (3) Non-federal share.--The non-Federal share may be in the form of cash or services. SEC. 8. GALISTEO BASIN STUDY. In accordance with the National Park Service document entitled ``Alternative Concepts for Commemorating Spanish Colonization'' and dated February 1991, the Secretary shall undertake a special resource study of the major prehistoric and historic sites in the Galisteo Basin relating to colonial New Mexico. The study shall include evaluations of significance, site integrity, threats, and protection and management options. SEC. 9. PUEBLO TRAIL. (a) Redesignation.--The Masau Trail, as designated by title II of Public Law 100-225 (16 U.S.C. 460uu-11 et seq.), is redesignated as the Pueblo Trail. (b) Legal References.--Any reference in any record, map, or other document of the United States to the Masau Trail is deemed to be a reference to the Pueblo Trail. (c) Conforming Amendments.-- (1) The title heading of title II of Public Law 100-225 (16 U.S.C. 460uu-11 et seq.) is amended by striking ``MASAU'' and inserting ``PUEBLO''. (2) Public Law 100-225 (16 U.S.C. 460uu et seq.) is amended by striking ``Masau'' each place it appears in sections 201, 204, and 510 and inserting ``Pueblo''. SEC. 10. ANNUAL REPORTS. (a) In General.--The Secretary shall submit an annual report to Congress that lists with respect to this Act-- (1) actions taken by the Secretary; (2) entities to which any grants were made during the fiscal year and any recipients of technical assistance; and (3) actions taken to protect and interpret significant sites, structures, and objects relating to colonial New Mexico. (b) Cost Estimates.--The report shall include detailed cost estimates of projects that are proposed to be funded under this Act during the next fiscal year. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Interior $5,000,000 to carry out this Act, to remain available until expended.

Colonial New Mexico Commemorative Act - Directs the Secretary of the Interior to prepare a comprehensive management plan to: (1) establish procedures for undertaking research relating to colonial New Mexico and a program for publication of research; (2) develop a survey to evaluate known resources and identify features that require additional study; (3) identify a core system of interpretive sites that would provide a comprehensive overview of the colonial New Mexico story; (4) prepare interpretive materials to address the colonial New Mexico story to be made available to the public; (5) recommend high priority sites that need protection and assistance; (6) prepare options for the management of priority New Mexico resources; (7) recommend highway routes that could be designated as colonial New Mexico tour routes; and (8) evaluate the feasibility of and need for developing commemorative centers in New Mexico. Requires the Secretary to award grants to tribal, governmental, and nongovernmental entities to conserve and protect structures, objects, and sites, and help support cultural events, that have significance in the commemoration of colonial New Mexico. Directs the Secretary to prepare thematic nominations to the National Register of Historic Places of colonial sites and resources in New Mexico. Establishes the Colonial New Mexico Preservation Advisory Committee in the Department of the Interior. Authorizes the Secretary to: (1) develop commemorative centers, operate educational programs, provide technical assistance, conduct cultural events, and prepare media materials; and (2) pay to the city of Espanola, New Mexico, the Federal share of planning and operating a commemorative center as an element of the Spanish Commemorative Plaza. Directs the Secretary to undertake a special resource study of the major prehistoric and historic sites in the Galisteo Basin relating to colonial New Mexico. Authorizes appropriations. Redesignates the Masau Trail as the Pueblo Trail.

Colonial New Mexico Commemorative Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vacant Homes Act of 2015''. SEC. 2. PROMPT RESPONSE REQUIRED. (a) Before Foreclosure.-- (1) 90 days provided to respond.--With respect to a home in foreclosure, the mortgage owner of such home who receives notice from the owner of such home (or from such owner's designee) of a qualified offer to buy such home in a short sale shall, no later than 90 days after receipt of such notice, provide a response to-- (A) such homeowner; and (B) the person who made such offer. (2) Certification required when owner in imminent default.--If such home is a home in foreclosure only because the owner is in imminent default on a loan secured by a mortgage of such home, a communication from such owner (or designee) to such mortgage owner does not constitute ``notice'' under paragraph (1) unless such owner certifies in such notice that he or she is in imminent default on such loan. (3) Contents of response.--A response described under paragraph (1) shall-- (A) state that such mortgage owner accepts the offer; or (B) state that such mortgage owner rejects the offer and adequately provide a reason for such rejection. (4) Sufficient responses.--A response described under paragraph (1) which states that such mortgage owner rejects the offer adequately provides a reason for such rejection only if it provides-- (A) a counteroffer stating-- (i) an alternative price at which the mortgage owner would approve the offer; and (ii) an economic analysis demonstrating a reasonable expectation that, within the 1-year period following the 90-day period under subsection (a), the home's fair market value will likely be equal or greater than such alternative price; (B) proof that the home's title is encumbered such that the transfer of title proposed by the offer is prohibited; (C) proof that another mortgage owner of the home prohibits its being the subject of a short sale; or (D) proof that an enforceable contract between the mortgage owner and another person prohibits the mortgage owner from approving the offer. (b) After Foreclosure.-- (1) 90 days provided to respond.--With respect to a foreclosed home, the owner of such home (or a servicer acting on behalf of the owner) who receives a qualified offer to buy such home shall, no later than 90 days after receipt of such offer, provide a response to the person who made such offer. (2) Contents of response.--A response described under paragraph (1) shall-- (A) state that such owner or servicer accepts the offer; or (B) state that such owner or servicer rejects the offer and adequately provide a reason for such rejection. (3) Sufficient responses.--A response described under paragraph (1) which states that such mortgage owner rejects the offer adequately provides a reason for such rejection only if it provides-- (A) a counteroffer stating-- (i) an alternative price at which the mortgage owner would approve the offer; and (ii) an economic analysis demonstrating a reasonable expectation that, within the 1-year period following the 90-day period under subsection (a), the home's fair market value will likely be equal or greater than such alternative price; or (B) proof that the home's title is encumbered such that the transfer of title proposed by the offer is prohibited. SEC. 3. PRIVATE RIGHTS OF ACTION. (a) For Homeowners.--A homeowner who has provided a mortgage owner with notice of a qualified offer under section 2(a) and does not within 90 days receive the response required thereunder may bring a civil action in the district court of the United States for the district in which such home is located against an entity required to provide such response. (b) For Offerors.--A person who has made a qualified offer to purchase a home in foreclosure or a foreclosed home and does not receive a response within the 90-day period applicable under section 2(a) or 2(b) may bring a civil action in the district court of the United States for the district in which such home is located against an entity required to provide such response. (c) Relief.--The relief sought in a civil action under subsection (a) or (b) may include an order requiring the defendant to comply with section 2. SEC. 4. AUTHORITY GRANTED TO THE BUREAU OF CONSUMER FINANCIAL PROTECTION. (a) Enforcement Authority.--The Bureau of Consumer Financial Protection may apply to the district court of the United States for the district in which a home in foreclosure or a foreclosed home is located for an order requiring-- (1) the mortgage owner of such home in foreclosure to comply with section 2, and for such other relief as the court may deem appropriate to carry out this Act; or (2) the owner of such foreclosed home (or a servicer acting on behalf of such owner) to comply with section 2, and for such other relief as the court may deem appropriate to carry out this Act. (b) Rulemaking Authority.--The Bureau of Consumer Financial Protection shall have the power to make such rules as may be necessary or appropriate to carry out this Act. SEC. 5. DEFINITIONS. As used in this Act: (a) Dwelling; Home.--The terms ``dwelling'' and ``home'' have the meaning given the term ``dwelling'' under section 103 of the Truth in Lending Act (15 U.S.C. 1602). (b) Foreclosed Home.--The term ``foreclosed home'' means a dwelling whose owner obtained such dwelling-- (1) by reason of the acceptance by such owner (or by a servicer acting on behalf of such owner) of a deed in lieu of foreclosure on a mortgage of that dwelling; or (2) by reason of foreclosure on a mortgage of that dwelling by such owner (or by a servicer acting on behalf of such owner). (c) Home in Foreclosure.--The term ``home in foreclosure'' means a dwelling-- (1) whose owner is in imminent default on a loan secured by a mortgage of such dwelling; (2) whose owner has defaulted on a loan secured by a mortgage of such dwelling; or (3) which is the subject of a foreclosure proceeding. (d) Imminent Default.--The term ``imminent default'' with respect to a loan obligation means a situation in which the obligor under such loan-- (1) is current, or delinquent by less than 30 days, on the obligation under such loan; and (2) is experiencing a significant reduction in income or other hardship that will severely limit his or her ability to make the next required payment on such loan. (e) Mortgage.--The term ``mortgage'' includes a deed of trust or other security interest in real property. (f) Mortgage Owner.--The term ``mortgage owner'' with respect to a dwelling means-- (1) the mortgagee of such dwelling; (2) the obligee of a loan secured by a mortgage of such dwelling; or (3) the servicer of a loan secured by a mortgage of such dwelling. (g) Qualified Offer.-- (1) In general.--The term ``qualified offer'' means an offer to buy a home for at least the lowest of-- (A) half the assessed value of a home for the purposes of State or local taxation; or (B) half the value of a home as established by a private appraisal. (2) No appraisal or assessment.--If a home that is the subject of an offer to buy has not been assessed for tax purposes or by a private appraisal, such offer shall be deemed to be a qualified offer if it includes an offer to pay at least half the home's value as estimated for accounting purposes by-- (A) if it is a foreclosed home, its owner; or (B) if it is a home in foreclosure, its mortgage owner. (h) Servicer.--The term ``servicer'' has the meaning given such term under section 6(i)(2) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)(2)), and includes a person who was a servicer of a loan secured by a dwelling before that dwelling became a foreclosed home. (i) Short Sale.--The term ``short sale'' means a transaction-- (1) involving the sale of a dwelling that is the subject of a mortgage securing a loan for less than the amount of the outstanding obligation under such loan; and (2) in which the mortgage owner of such dwelling-- (A) accepts the proceeds of such sale in partial or complete satisfaction of such loan; and (B) releases the mortgage of such dwelling.

Vacant Homes Act of 2015 This bill provides the mortgage owner of a home in foreclosure who receives notice from the homeowner (or from the homeowner's designee) of a qualified offer to buy the home in a short sale 90 days after receiving the notice to respond to the homeowner and the person who made the offer. The same response time requirement shall apply to the owner of a foreclosed home (or a servicer acting on the owner's behalf) who receives a qualified offer to buy it. A response rejecting an offer shall be sufficient only if, among other things, it makes a counteroffer meeting specified criteria. Aggrieved homeowners or offerors may bring private civil actions for failure to receive a timely and adequate mandatory response. The Consumer Financial Protection Bureau may apply to the U.S. district court for the district in which a home in foreclosure or a foreclosed home is located for an order requiring either the mortgage owner of the home in foreclosure or the owner of the foreclosed home (or a servicer acting on the owner's behalf) to comply with the timely and adequate response requirements of this Act.

Vacant Homes Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Outcomes, Planning, and Education for Alzheimer's Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) As many as half of the estimated 5.2 million Americans with Alzheimer's disease have never received a diagnosis. (2) An early and documented diagnosis and access to care planning services leads to better outcomes for individuals with Alzheimer's disease and other dementias and their caregivers. (3) Combining the existing Medicare benefits of a diagnostic evaluation and care planning into a single package of services would help ensure that individuals receive an appropriate diagnosis as well as critical information about the disease and available care options, which leads to better outcomes. (4) An accurate diagnosis allows for better management of other known chronic conditions and more efficient utilization of medical resources, including reducing complications and the number of costly emergency room visits and hospitalizations. (5) A formal diagnosis allows individuals and their caregivers to have access to available medical and non-medical treatments, build a care team, participate in support services, and enroll in clinical trials. (6) Undertaking the diagnostic process potentially allows cognitive impairment to be reversed, as the cognitive impairment of nine percent of individuals experiencing dementia-like symptoms is due to a potentially reversible cause, such as depression or vitamin deficiency. (b) Purpose.--The purpose of this Act is to increase diagnosis of Alzheimer's disease and related dementias, leading to better care and outcomes for Americans living with Alzheimer's disease and related dementias. SEC. 3. MEDICARE COVERAGE OF COMPREHENSIVE ALZHEIMER'S DISEASE DIAGNOSIS AND SERVICES. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (EE); (B) by adding ``and'' at the end of subparagraph (FF); and (C) by adding at the end the following new subparagraph: ``(GG) comprehensive Alzheimer's disease diagnosis and services (as defined in subsection (iii));''; and (2) by adding at the end the following new subsection: ``Comprehensive Alzheimer's Disease Diagnosis and Services ``(iii)(1) The term `comprehensive Alzheimer's disease diagnosis and services' means the services described in paragraph (2) furnished to an individual-- ``(A) who does not already have a diagnosis of Alzheimer's disease; and ``(B) for whom a physician or a practitioner described in clause (i), (iv), or (v) of section 1842(b)(18)(C), in a medical setting such as a physician's office, a hospital, a skilled nursing facility, a community health center, or another similar medical setting-- ``(i) has detected the individual may have a cognitive impairment or dementia; and ``(ii) pursuant to such detection, has determined a diagnostic evaluation for Alzheimer's disease is needed. ``(2) The services described in this paragraph are the following: ``(A) A diagnostic evaluation, including referral to a specialist if recommended. ``(B) If the individual is diagnosed with Alzheimer's disease under the diagnostic evaluation under subparagraph (A), care planning services (with the individual, with the personal representative of the individual, or with one or more family caregivers of the individual with or without the presence of the individual), including assistance understanding the diagnosis as well as the medical and non-medical options for ongoing treatment, services, and supports, and information about how to obtain such treatments, services, and supports. Such care planning services for individuals diagnosed with Alzheimer's disease should take into consideration and address other co-morbid chronic conditions. ``(C) Medical record documentation, with respect to an individual, of the diagnostic evaluation under subparagraph (A), the diagnosis, and any care planning services under subparagraph (B). ``(3) In this subsection-- ``(A) the term `Alzheimer's disease' means Alzheimer's disease and related dementias; and ``(B) the term `personal representative' means, with respect to an individual, a person legally authorized to make health care decisions on such individual's behalf.''. (b) Payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended by striking ``and'' before ``(Z)'' and inserting before the semicolon at the end the following: ``, and (AA) with respect to comprehensive Alzheimer's disease diagnosis and services (as defined in section 1861(iii)), the amount paid shall be an amount equal to 80 percent of the amount determined under a fee schedule designated by the Secretary''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1 of the year following the year which includes the date of the enactment of this Act.

Health Outcomes, Planning, and Education for Alzheimer's Act - Amends title XVIII (Medicare) of the Social Security Act to provide for comprehensive Alzheimer's disease diagnosis and services.

Health Outcomes, Planning, and Education for Alzheimer's Act

TITLE I--TELEMARKETING FRAUD OVER THE INTERNET SECTION 101. EXTENSION OF CRIMINAL FRAUD STATUTE TO INTERNET. Section 1343 of title 18, United States Code, is amended by-- (1) striking ``or television communication'' and inserting ``television communication or the Internet''; and (2) adding at the end thereof the following: ``For purposes of this section, the term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.''. SEC. 102. FEDERAL TRADE COMMISSION SANCTIONS. The Federal Trade Commission shall initiate a rulemaking proceeding to set forth the application of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) and other statutory provisions within its jurisdiction to deceptive acts or practices in or affecting the commerce of the United States in connection with the promotion, advertisement, offering for sale, or sale of goods or services through use of the Internet, including the initiation, transmission, and receipt of unsolicited commercial electronic mail. For purposes of this section, the term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. TITLE II--SPECIAL PROTECTION FOR SENIOR CITIZENS SEC. 201. FINDINGS. The Congress finds that-- (1) telemarketing fraud costs consumers nearly $40,000,000,000 each year; (2) senior citizens are often the target of telemarketing fraud; (3) fraudulent telemarketers compile into ``mooch lists'' the names of potentially vulnerable consumers; (4) according to the American Association of Retired Persons, 56 percent of the names on ``mooch lists'' are individuals age 50 or older; (5) the Department of Justice has undertaken successful investigations and prosecutions of telemarketing fraud through various operations, including ``Operation Disconnect'', ``Operation Senior Sentinel'', and ``Operation Upload''; (6) the Federal Bureau of Investigation has helped provide resources to assist organizations such as the American Association of Retired Persons to operate outreach programs designed to warn senior citizens whose names appear on confiscated ``mooch lists''; (7) the Administration on Aging was formed, in part, to provide senior citizens with the resources, information, and assistance their special circumstances require; (8) the Administration on Aging has a system in place to effectively inform senior citizens of the dangers of telemarketing fraud; and (9) senior citizens need to be warned of the dangers of telemarketing fraud and fraud over the Internet before they become victims. SEC. 202. PURPOSE. It is the purpose of this title through education and outreach to protect senior citizens from the dangers of telemarketing fraud and fraud over the Internet and to facilitate the investigation and prosecution of fraudulent telemarketers. SEC. 203. DISSEMINATION OF INFORMATION. (a) In General.--The Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, shall publicly disseminate in each State information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud and fraud over the Internet . (b) Information.--In carrying out subsection (a), the Secretary shall-- (1) inform senior citizens of the prevalence of telemarketing fraud and fraud over the Internet targeted against them; (2) inform senior citizens of how telemarketing fraud and fraud over the Internet works; (3) inform senior citizens of how to identify telemarketing fraud and fraud over the Internet ; (4) inform senior citizens of how to protect themselves against telemarketing fraud and fraud over the Internet, including an explanation of the dangers of providing bank account, credit card, or other financial or personal information over the telephone to unsolicited callers; (5) inform senior citizens of how to report suspected attempts at telemarketing Fraud and over the Internet fraud; (6) inform senior citizens of their consumer protection rights under Federal law; and (7) provide such other information as the Secretary considers necessary to protect senior citizens against fraudulent telemarketing over the Internet. (c) Means of Dissemination.--The Secretary shall determine the means to disseminate information under this section. In making such determination, the Secretary shall consider-- (1) public service announcements; (2) a printed manual or pamphlet; (3) an Internet website; and (4) telephone outreach to individuals whose names appear on ``mooch lists'' confiscated from fraudulent telemarketers. (d) Priority.--In disseminating information under this section, the Secretary shall give priority to areas with high concentrations of senior citizens. SEC. 204. AUTHORITY TO ACCEPT GIFTS. The Secretary may accept, use, and dispose of unconditional gifts, bequests, or devises of services or property, both real and personal, in order to carry out this title. SEC. 205. DEFINITION. For purposes of this title, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. D23/

TABLE OF CONTENTS: Title I: Telemarketing Fraud Over the Internet Title II: Special Protection for Senior Citizens Title I: Telemarketing Fraud Over the Internet - Amends the Federal criminal code to include within its criminal fraud protections transmissions made over the Internet. Directs the Federal Trade Commission to initiate a rulemaking proceeding to set forth the application of the Federal Trade Commission Act to deceptive acts or practices in U.S. commerce in connection with the promotion, advertisement, sale offer, or sale of goods or services through the use of the Internet, including the initiation, transmission, and receipt of unsolicited commercial electronic mail. Title II: Special Protection for Senior Citizens - Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, to publicly disseminate by specified means in each State certain information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud and fraud over the Internet.

A bill to protect the public, especially seniors, against telemarketing fraud and telemarketing fraud over the Internet and to authorize an educational campaign to improve senior citizens' ability to protect themselves against telemarketing fraud over the Internet.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Nuclear Workers' Health Insurance Act of 1995''. SEC. 2. HEALTH INSURANCE PROGRAM FOR CERTAIN FORMER DEPARTMENT OF ENERGY EMPLOYEES EXPOSED TO IONIZING RADIATION. (a) Establishment of Program.--The Secretary of Energy shall provide in accordance with this section for payment to (or on behalf of) certain former Department of Energy employees (described in subsection (b)) for all reasonable expenses for certain health care services (described in subsection (c)) incurred (whether through insurance or out-of-pocket) above the threshold dollar amount specified in subsection (d). (b) Former Employees Covered.--An employee described in this section is an individual who-- (1) was (but is no longer) employed at a Department of Energy defense nuclear facility (as defined in subsection (g)(3)); (2) while employed at that facility-- (A) received 10 REM or more total exposure to ionizing radiation or 10 percent or more of the maximum permissible body burden exposure to ionizing radiation, or (B) was employed for 5 years or more in a building or facility in which radioactive materials were regularly stored, handled, processed, or disposed of; and (3) is not entitled to benefits under the Medicare Program. (c) Reasonable Expenses for Certain Health Care Services Covered.-- (1) In general.--Reasonable expenses for certain health care services described in this subsection are expenses in a reasonable amount for health care services which are medically reasonable and necessary for treatment of-- (A)(i) leukemia or cancer of the blood-forming tissues (excluding chronic lymphocytic leukemia), (ii) multiple myeloma or muscle cancer affecting the spinal cord, or lymphoma (other than Hodgkin's disease), (iii) cancer of the thyroid, lung, breast, brain or nervous system, bone, skin, prostate, parathyroid glands, stomach, colon or rectum, esophagus, bladder, urinary tract, pharynx, pancreas, small intestine, bile ducts, gall bladder, or liver (except if cirrhosis or hepatitis B is indicated); or (iv) berylliosis; or (B) another disease if the Secretary of Energy (in consultation with the Secretary of Health and Human Services) determines that there is a reasonable medical certainty that such disease could have been directly or indirectly caused by an illness referred to in subparagraph (A). (2) Determination of reasonable amount.--In applying paragraph (1)-- (A) health care expenses shall be treated as being ``in a reasonable amount'' based on a typical payment methodology used under FEHBP plans, and (B) treatment of an illness shall be considered to be medically reasonable and necessary if payment for such treatment can be expected to be made under either an FEHBP plan or under the Medicare Program. (3) Health services defined.--In paragraph (1), the term ``health care services'' means health care items and services that are the type of items and services for which benefits are made available either under an FEHBP plan or under the Medicare Program and includes hospital services, physicians services, outpatient prescription drugs, hospice care, home health services, skilled nursing facility services, and rehabilitation (inpatient and outpatient) services. (d) Threshold Dollar Amount.--The threshold dollar amount specified in this subsection is $25,000 with respect to any individual during the individual's lifetime, not counting expenses incurred before the date of the enactment of this Act. (e) Administration.--The Secretary of Energy may carry out this section directly, through a memorandum of understanding with an appropriate Federal department or agency, or through a contract with an appropriate health insurance carrier or administrator. (f) Effective Date.--The Secretary of Energy shall establish the insurance program under this section by not later than 6 months after the date of the enactment of this Act. The program shall apply to expenses incurred for services furnished on or after the date the program first becomes effective. (g) Definitions.--In this section: (1) The term ``FEHBP plan'' means a health plan typical of the health plans offered to Federal employees and annuitants under chapter 89 of title 5, United States Code. (2) The term ``medicare program'' means the program under title XVIII of the Social Security Act. (3) The term ``Department of Energy defense nuclear facility'' means-- (A) a production facility or utilization facility (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)) that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes (including the tritium loading facility at Savannah River, South Carolina; the 236 H facility at Savannah River, South Carolina; and the Mound Laboratory, Ohio), but the term does not include any facility that does not conduct atomic energy defense activities; (B) a nuclear waste storage or disposal facility that is under the control or jurisdiction of the Secretary of Energy; (C) a testing and assembly facility that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes (including the test site facility in Nevada; the Pinnellas Plant, Florida; and the Pantex facility, Texas); (D) a nuclear weapons research facility that is under the control or jurisdiction of the Secretary of Energy (including the Lawrence Livermore, Los Alamos, and Sandia National Laboratories); or (E) any facility described in subparagraphs (A) through (D) that-- (i) is no longer in operation; (ii) was under the control or jurisdiction of the Department of Defense, the Atomic Energy Commission, or the Energy Research and Development Administration; and (iii) was operated for national security purposes.

Defense Nuclear Workers' Health Insurance Act of 1995 - Directs the Secretary of Energy to provide for payments to certain former Department of Energy (DOE) employees who were employed at a DOE defense nuclear facility and who are not entitled to Medicare benefits for all reasonable expenses above $25,000 for certain health care services for the treatment of specified conditions related to exposure to ionizing radiation.

Defense Nuclear Workers' Health Insurance Act of 1995

SECTION 1. PARITY IN APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS. (a) Amendment to the Internal Revenue Code of 1986.--Section 9812(f)(3) of the Internal Revenue Code of 1986 is amended by striking ``2007'' and inserting ``2008''. (b) Amendment to the Employee Retirement Income Security Act of 1974.--Section 712(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a(f)) is amended by striking ``2007'' and inserting ``2008''. (c) Amendment to the Public Health Service Act.--Section 2705(f) of the Public Health Service Act (42 U.S.C. 300gg-5(f)) is amended by striking ``2007'' and inserting ``2008''. SEC. 2. INCLUSION OF MEDICARE PROVIDERS AND SUPPLIERS IN FEDERAL PAYMENT LEVY AND ADMINISTRATIVE OFFSET PROGRAM. (a) In General.--Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(d) Inclusion of Medicare Provider and Supplier Payments in Federal Payment Levy Program.-- ``(1) In general.--The Centers for Medicare & Medicaid Services shall take all necessary steps to participate in the Federal Payment Levy Program under section 6331(h) of the Internal Revenue Code of 1986 as soon as possible and shall ensure that-- ``(A) at least 50 percent of all payments under parts A and B are processed through such program beginning within 1 year after the date of the enactment of this section; ``(B) at least 75 percent of all payments under parts A and B are processed through such program beginning within 2 years after such date; and ``(C) all payments under parts A and B are processed through such program beginning not later than September 30, 2011. ``(2) Assistance.--The Financial Management Service and the Internal Revenue Service shall provide assistance to the Centers for Medicare & Medicaid Services to ensure that all payments described in paragraph (1) are included in the Federal Payment Levy Program by the deadlines specified in that subsection.''. (b) Application of Administrative Offset Provisions to Medicare Provider or Supplier Payments.--Section 3716 of title 31, United States Code, is amended-- (1) by inserting ``the Department of Health and Human Services,'' after ``United States Postal Service,'' in subsection (c)(1)(A); and (2) by adding at the end of subsection (c)(3) the following new subparagraph: ``(D) This section shall apply to payments made after the date which is 90 days after the enactment of this subparagraph (or such earlier date as designated by the Secretary of Health and Human Services) with respect to claims or debts, and to amounts payable, under title XVIII of the Social Security Act.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. DEPOSIT OF EXCESS SAVINGS IN PAQI FUND. (a) In General.--In addition to any amounts otherwise made available to the Physician Assistance and Quality Initiative Fund under section 1848(l)(2) of the Social Security Act (42 U.S.C. 1395w- 4(l)(2)), there shall be made available to such Fund-- (1) $93,000,000 for expenditures during or after 2009; (2) $212,000,000 for expenditures during or after 2014; and (3) $44,000,000 for expenditures during or after 2018. (b) Obligation.--The Secretary of Health and Human Services shall provide for expenditures from the Fund specified in subsection (a) in a manner designed to provide (to the maximum extent feasible) for the obligation of the entire amount specified in-- (1) subsection (a)(1) for payment with respect to physicians' services furnished during or after January 1, 2009; (2) subsection (a)(2) for payment with respect to physicians' services furnished on or after January 1, 2014; and (3) subsection (a)(3) for payment with respect to physicians' services furnished on or after January 1, 2018. SEC. 4. PROTECTION OF SOCIAL SECURITY. To ensure that the assets of the trust funds established under section 201 of the Social Security Act (42 U.S.C. 401) are not reduced as a result of the enactment of this Act, the Secretary of the Treasury shall transfer from the general revenues of the Federal Government to those trust funds the following amounts: (1) For fiscal year 2008, $1,000,000. (2) For fiscal year 2009, $5,000,000. (3) For fiscal year 2010, $1,000,000. Passed the House of Representatives February 7, 2008. Attest: LORRAINE C. MILLER, Clerk.

Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act to extend until December 31, 2008, mental health parity provisions, which require group health plans to treat equally mental health benefits and medical and surgical benefits for purposes of lifetime limits or annual limits on benefits covered by the plan. Amends title XVIII (Medicare) of the Social Security Act to direct the Centers for Medicare & Medicaid Services to take all necessary steps to participate in the Federal Payment Levy Program as soon as possible and ensure that: (1) at least 50% of all payments under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) are processed through such program within one year after enactment of this Act; (2) at least 75% of all such payments are processed through such program within two years; and (3) all such payments are processed through such program by September 30, 2011. Requires the Financial Management Service and the Internal Revenue Service (IRS) to provide assistance to the Centers for Medicare & Medicaid Services to ensure that all payments are included in the Federal Payment Levy Program by the deadlines specified. Directs the Department of Health and Human Services (HHS) to offset Medicare payments by the amount of the payee's delinquent federal debt. Requires the Secretary of HHS to provide for specified expenditures from the Physician Assistance and Quality Initiative Fund for payment for physicians' services. Directs the Secretary of the Treasury to transfer specified funds from general revenues to Social Security trust funds to ensure that assets of such trust funds are not reduced as a result of enactment of this Act.

To extend for one year parity in the application of certain limits to mental health benefits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multi-Hazard School Disaster Planning and Response Act of 2013''. SEC. 2. EXPANDING PERMISSIBLE USES OF FUNDS UNDER THE MATCHING GRANT PROGRAM FOR SCHOOL SECURITY TO IMPROVE INFORMATION SHARING BETWEEN LAW ENFORCEMENT AND SCHOOLS. (a) In General.--Section 2701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a(b)) is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: ``(5) Any law enforcement and school information sharing activity described in subsection (g)(1).''; and (2) by adding at the end the following new subsection: ``(g) Law Enforcement and School Information Sharing Activities.-- ``(1) In general.--For purposes of subsection (b)(5), a law enforcement and school information sharing activity described in this paragraph is any of the following activities conducted in accordance with paragraphs (3) and (4): ``(A) Establishing or improving an electronic data management system for the purpose of sharing specified emergency response plan data with first responders. ``(B) Assisting local law enforcement and local schools with costs associated with collecting information on, evaluating, updating, and digitizing specified emergency response plan data and making such plans electronically available to local dispatch centers and first responders through mobile data terminals and mobile data computers. ``(C) Enabling law enforcement to consult with schools to develop emergency plans, including specified emergency response plan data, in order to ensure such plans are comprehensive, complete, and current. ``(2) Specified emergency response plan data.--For purposes of paragraph (1), the term `specified emergency response plan data' means, with respect to a school, emergency plan and response information, as specified by the Attorney General, for such school-- ``(A) that includes floor plans, aerial and internal photographs, and key emergency contact information for administrative personnel, custodial staff, and relevant service vendors for such school; and ``(B) that is to be shared, in accordance with paragraph (3), with only first responders. ``(3) Dissemination of data.--Any specified emergency response plan data that is disseminated through a law enforcement and school information sharing activity for which funds are made available under this part shall be so disseminated only to a local dispatch center for first responders through an electronic means and for purposes of being made available to mobile data terminals or mobile data computers of first responders. ``(4) Review and update of data.--Any specified emergency response plan data that is disseminated through a law enforcement and school information sharing activity for which funds are made available under a grant under this part shall be annually reviewed by the State, unit of local government, or Indian tribe receiving such grant and updated as necessary.''. (b) Preferential Consideration for Applications for New Authorized Uses.--Section 2701(c) of such Act (42 U.S.C. 3797a(c)) is amended-- (1) by striking ``Consideration.--In awarding'' and inserting the following: ``Considerations.-- ``(1) In general.--Subject to paragraph (2), in awarding''; and (2) by adding at the end the following new paragraph: ``(2) Preferential consideration for applications for information sharing purposes.--In awarding grants under this part for a use described in subsection (b)(5), the Director shall give preferential consideration, if feasible, to an application from a jurisdiction that demonstrates the activity for which the grant will be used will cover a significant number of schools, demonstrates such jurisdiction uses (or will use such grant to develop) an electronic record management system that is compatible across multiple jurisdictions, or demonstrates community interest with respect to such activity for which the grant will be used.''. (c) Funding.-- (1) Reauthorization of program.--Section 2705 of such Act (42 U.S.C. 3797e) is amended by striking ``2001 through 2009'' and inserting ``2014 through 2017''. (2) Additional authorization for funds for new authorized uses.--Such section is further amended by adding at the end the following new sentence: ``In addition to the amounts authorized to be appropriated under the previous sentence for a fiscal year, there is authorized to be appropriated for grants under this part for a use described in section 2701(b)(5), $10,000,000 for each of fiscal years 2014 through 2017.''.

Multi-Hazard School Disaster Planning and Response Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow funds provided under the Matching Grant Program for School Security to be used for the following law enforcement and school information sharing activities: (1) establishing or improving an electronic data management system for the purpose of sharing specified emergency response plan data with first responders; (2) assisting local law enforcement and local schools with costs associated with collecting information on, evaluating, updating, and digitizing such plan data and making plans electronically available to local dispatch centers and first responders through mobile data terminals and mobile data computers; and (3) enabling law enforcement to consult with schools to develop emergency plans, including such plan data, to ensure that plans are comprehensive, complete, and current. Requires the Director of the Office of Community Oriented Policing Services to give preferential consideration to an application for a grant for such an activity from a jurisdiction that demonstrates that: (1) the activity will cover a significant number of schools, (2) such jurisdiction uses (or will use such grant to develop) an electronic record management system that is compatible across multiple jurisdictions, or (3) there is community interest with respect to such activity. Reauthorizes such Program for FY2014-FY2017.

Multi-Hazard School Disaster Planning and Response Act of 2013

SECTION 1. TREATMENT OF CHARITABLE REMAINDER PET TRUSTS IN MANNER SIMILAR TO CHARITABLE REMAINDER ANNUITY TRUSTS. (a) In General.--Subsection (a) of section 664 of the Internal Revenue Code of 1986 (relating to general rule) is amended-- (1) by striking ``annuity trust and'' and inserting ``annuity trust,'', and (2) by inserting ``, and a charitable remainder pet trust'' before the period at the end. (b) Income Tax Treatment.--Subsections (a) and (c) of section 664 of such Code (relating to exemption from income taxes) are both amended-- (1) by striking ``annuity trust and'' and inserting ``annuity trust,'', and (2) by inserting ``, and a charitable remainder pet trust'' after ``unitrust''. (c) Charitable Remainder Pet Trust Defined.--Subsection (d) of section 664 of such Code (relating to definitions) is amended by adding at the end the following new paragraphs: ``(5) Charitable remainder pet trust.--For purposes of this section-- ``(A) In general.--A charitable remainder pet trust is a trust-- ``(i) from which a sum certain (which is not less than 5 percent nor more than 50 percent of the initial net fair market value for all property placed in trust) is to be paid, not less often than annually, to a designated person or organization, or a successor designated person or organization, for the exclusive benefit (but allowing for payment of any income tax resulting from the payment) of one or more specified pets for a term of years (not in excess of 20 years), such payments to terminate at the earlier of the expiration of the term of years or the death of the last surviving specified pet, ``(ii) from which no amount other than the payments described in clause (i) and the taxes imposed pursuant to subsection (c) may be paid to or for the use of any person other than an organization described in section 170(c), ``(iii) following the termination of the payments described in clause (i), the remainder interest in the trust is to be transferred to, or for the use of, an organization described in section 170(c), and ``(iv) the value (determined under section 7520) of such remainder interest is at least 10 percent of the initial fair market value of all property placed in the trust. ``(B) Value of remainder interest.--For purposes of determining the value of the remainder interest of a charitable remainder pet trust, the pets' life expectancy shall be disregarded. ``(C) Pet.--A pet is any domesticated companion animal (including a domesticated companion cat, dog, rabbit, guinea pig, hamster, gerbil, ferret, mouse, rat, bird, fish, reptile, or horse) which is living, and owned or cared for by the taxpayer establishing the trust, at the time of the creation of the trust.''. (d) Conforming Amendments.-- (1) Sections 170(f)(2)(A), 2055(e)(2)(A), and 2522(c)(2)(A) of such Code are each amended by striking ``charitable remainder annuity trust or a charitable remainder unitrust'' and inserting ``charitable remainder annuity trust, charitable remainder unitrust, or charitable remainder pet trust''. (2) Sections 664(e) and 1361(e)(1)(B)(iii) of such Code are both amended by striking ``charitable remainder annuity trust or charitable remainder unitrust'' and inserting ``charitable remainder annuity trust, charitable remainder unitrust, or charitable remainder pet trust''. (3) Paragraphs (1) and (3) of section 664(f) of such Code are both amended by striking ``paragraph (1)(A) or (2)(A)'' and inserting ``paragraph (1)(A), (2)(A), or (5)(A)(i)''. (4) Section 2055(e)(3)(F) of such Code is amended by inserting ``or pet (as defined in section 664(d)(5)(C))'' after ``by reason of the death of any individual''. (5) Section 2652(c)(1)(C) of such Code is amended-- (A) in clause (i) by inserting ``within the meaning of section 664'' before the comma at the end, and (B) by striking ``or'' at the end of clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (ii) the following new clause: ``(iii) a charitable remainder pet trust within the meaning of section 664, or''. (e) Effective Date.--The amendments made by this section shall apply to charitable remainder pet trusts created after the date of the enactment of this Act.

Amends the Internal Revenue Code to provide for the tax treatment of a charitable remainder pet trust as a charitable remainder annuity trust. Defines "charitable remainder pet trust" as a trust which pays a specified annual amount (for a maximum term of 20 years) for the care of domesticated companion animals living at the time of creation of the trust.

To amend the Internal Revenue Code of 1986 to treat charitable remainder pet trusts in a manner similar to charitable remainder annuity trusts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Tax Credit Assistance Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Health care spending in the United States has grown rapidly to a rate of approximately 10 percent a year. (2) According to the Congressional Budget Office, with the cost of health care rising rapidly, spending for Medicare and Medicaid is projected to grow even faster--in the range of 7 percent to 8 percent annually. (3) More and more Americans with health insurance coverage are experiencing increases in out-of-pocket expenses for health care. (4) The rising costs of healthcare is driving more citizens to be uninsured or underinsured. According to the Bureau of the Census, Department of Commerce, the number of Americans without health insurance in 2005 increased by 800,000 to 46,600,000 from 45,800,000 in 2004. (5) Many of these uninsured, nonelderly adults face chronic conditions. (6) The rising costs of healthcare are compounded for Americans who suffer from a chronic disease that requires expensive treatments. Some of these uninsured adults with chronic conditions forgo needed medical care or prescription drugs, due to the prohibitive costs. (7) Many families who have a loved one with an expensive chronic condition often face a difficult dilemma: if they receive public assistance through State Medicaid programs, they must meet and maintain a certain income threshold and if they leave public assistance for private insurance, they must then be able to meet higher premiums, co-payments and drug costs. (8) Currently, nonprofit charitable organizations have recognized a need to develop financial assistance programs for patients with expensive chronic illnesses to access treatment and therapies to lead productive and healthy lives. (9) These patient assistance organizations (PAOs) prevent patients with expensive chronic illnesses and conditions from depleting financial resources to qualify for public assistance programs by subsidizing health insurance premiums; pharmacy and treatment co-payments; and expense associated with Medicare. (10) The Federal Government should be looking for ways to reduce the costs to public programs like Medicaid at the same time transitioning beneficiaries into the private health market. One way to do this is to create incentives for beneficiaries and their families to enter the workforce, earn a better living and ultimately, participate in the private health insurance market. (11) A targeted tax credit is one way the Federal Government could encourage citizens to donate to qualified PAOs. (12) The benefits of a tax credit provides the Federal Government with a greater savings than the cost of the tax credits themselves by transitioning patients off public programs such as Medicaid, lifting them out of poverty, and enabling them to access health insurance coverage. (13) This tax credit also contributes to PAOs that can cover the ``TrOOP'' or ``doughnut hole'' expenses that Medicare part D does not cover for disabled and senior citizens. (14) This tax credit in the end fosters a tax policy that addresses three major areas of public policy concern-- (A) uninsured and underinsured citizens; (B) treatment for Medicare beneficiaries (``doughnut hole''); and (C) cost savings for Medicaid. SEC. 3. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE CHARITIES PROVIDING HEALTH INSURANCE PREMIUM ASSISTANCE AND DRUG COPAYMENT ASSISTANCE TO THE UNINSURED AND UNDERINSURED. (a) In General.--Subpart A of part IV of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR CONTRIBUTIONS TO THE CHRONICALLY ILL UNINSURED AND UNDERINSURED. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions made by the taxpayer. ``(b) Limitation.--The amount allowed as a credit to the taxpayer under subsection (a) shall not exceed $1,000 ($2,000 in the case of a joint return). ``(c) Qualified Charitable Contribution.--For the purposes of this section, the term `qualified charitable contribution' means a charitable contribution (as defined in section 170(c)) made in cash to a qualified charity. ``(d) Qualified Charity.--For purposes of this section-- ``(1) In general.--The term `qualified charity' means an organization described in section 501(c)(3) and exempt from tax under section 501(a)-- ``(A) which is certified by the Office of Inspector General of the Department of Health and Human Services as meeting the requirements of paragraph (2), and ``(B) which is organized under the laws of a State at the time the contribution is made and is exempt from income taxation (if any) by such State. ``(2) Charity must work to assist chronically ill patients with health insurance premium assistance and copayment assistance.--An organization meets the requirements of this paragraph only if the predominant activity of such organization is the subsidizing of health insurance premiums and pharmacy co-payments of individuals who are uninsured or cannot otherwise afford health insurance or drug treatments. ``(e) Denial of Double Benefit.--No deduction shall be allowed under any other provision of this chapter for any contribution for which a deduction or credit is allowed under subsection (a). ``(f) Election to Not Take Credit.--No credit shall be allowed under subsection (a) for any contribution if the taxpayer elects to not have this section apply to such contribution.''. (b) Clerical Amendments.--The table of sections of such subpart is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for contributions to the chronically ill uninsured and underinsured.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Health Insurance Tax Credit Assistance Act of 2007 - Amends the Internal Revenue Code to allow a tax credit for charitable contributions to tax-exempt charities which subsidize health insurance premiums and pharmacy co-payments of uninsured individuals or individuals who cannot otherwise afford health insurance or drug treatments.

To amend the Internal Revenue Code of 1986 to allow a tax credit for charitable contributions to private, nonprofit charities providing health insurance premium assistance and drug co-payment assistance, thereby transitioning uninsured Americans into private insurance and transitioning Medicaid patients into private insurance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Advocacy Review Panel Technical Amendments Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy. (2) Small businesses bear a disproportionate share of regulatory costs and burdens. (3) Federal agencies must consider the impact of their regulations on small businesses early in the rulemaking process. (4) The Small Business Advocacy Review Panel process that was established by the Small Business Regulatory Enforcement Fairness Act of 1996 has been effective in allowing small businesses to participate in rules that are being developed by the Environmental Protection Agency and the Occupational Safety and Health Administration. (b) Purposes.--The purposes of this Act are the following: (1) To provide a forum for the effective participation of small businesses in the Federal regulatory process. (2) To clarify and strengthen the Small Business Advocacy Review Panel process. (3) To expand the number of Federal agencies that are required to convene Small Business Advocacy Review Panels. SEC. 3. ENSURING FULL ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES OF RULES PROPOSED BY CERTAIN AGENCIES. Section 609(b) of title 5, United States Code, is amended to read as follows: ``(b)(1) Before the publication of an initial regulatory flexibility analysis that a covered agency is required to conduct under this chapter, the head of the covered agency shall-- ``(A) notify the Chief Counsel for Advocacy of the Small Business Administration (in this subsection referred to as the `Chief Counsel') in writing; ``(B) provide the Chief Counsel with information on the potential impacts of the proposed rule on small entities and the type of small entities that might be affected; and ``(C) not later than 30 days after complying with subparagraphs (A) and (B)-- ``(i) in consultation with the Chief Counsel, identify affected small entity representatives; and ``(ii) transmit to the identified small entity representatives a detailed summary of the information referred to in subparagraph (B) or the information in full, if so requested by the small entity representative, for the purposes of obtaining advice and recommendations about the potential impacts of the draft proposed rule. ``(2)(A) Not earlier than 30 days after the covered agency transmits information pursuant to paragraph (1)(C)(ii), the head of the covered agency shall convene a review panel for the draft proposed rule. The panel shall consist solely of full-time Federal employees of the office within the covered agency that will be responsible for carrying out the proposed rule, the Office of Information and Regulatory Affairs of the Office of Management and Budget, and the Chief Counsel. ``(B) The review panel shall-- ``(i) review any material the covered agency has prepared in connection with this chapter, including any draft proposed rule; ``(ii) collect advice and recommendations from the small entity representatives identified under paragraph (1)(C)(i) on issues related to paragraphs (3), (4), and (5) of section 603(b) and section 603(c); and ``(iii) allow any small entity representative identified under paragraph (1)(C)(i) to make an oral presentation to the panel, if requested. ``(C) Not later than 60 days after the date a covered agency convenes a review panel pursuant to this paragraph, the review panel shall report to the head of the covered agency on-- ``(i) the comments received from the small entity representatives identified under paragraph (1)(C)(i); and ``(ii) its findings regarding issues related to paragraphs (3), (4), and (5) of section 603(b) and section 603(c). ``(3)(A) Except as provided in subparagraph (B), the head of the covered agency shall print in the Federal Register the report of the review panel under paragraph (2)(C), including any written comments submitted by the small entity representatives and any appendices cited in the report, as soon as practicable, but not later than-- ``(i) 180 days after the date the head of the covered agency receives the report; or ``(ii) the date of the publication of the notice of proposed rulemaking for the proposed rule. ``(B) The report of the review panel printed in the Federal Register shall not include any confidential business information submitted by any small entity representative. ``(4) Where appropriate, the covered agency shall modify the draft proposed rule, the initial regulatory flexibility analysis for the draft proposed rule, or the decision on whether an initial regulatory flexibility analysis is required for the draft proposed rule.''. SEC. 4. DEFINITIONS. Section 609(d) of title 5, United States Code, is amended to read as follows: ``(d) For the purposes of this section-- ``(1) the term `covered agency' means the Environmental Protection Agency, the Occupational Safety and Health Administration of the Department of Labor, and the Internal Revenue Service of the Department of the Treasury; and ``(2) the term `small entity representative' means a small entity, or an individual or organization that primarily represents the interests of 1 or more small entities.''. SEC. 5. COLLECTION OF INFORMATION REQUIREMENT. (a) Definition.--Section 601 of title 5, United States Code, is amended-- (1) in paragraph (5) by inserting ``and'' after the semicolon; (2) in paragraph (6) by striking ``; and'' and inserting a period; and (3) by striking paragraphs (7) and (8). (b) Initial Regulatory Flexibility Analysis.--The fifth sentence of section 603 of title 5, United States Code, is amended to read as follows: ``In the case of an interpretative rule involving the internal revenue laws of the United States, this chapter applies to interpretative rules (including proposed, temporary, and final regulations) published in the Federal Register for codification in the Code of Federal Regulations.''. SEC. 6. EFFECTIVE DATE. This Act shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act. Passed the Senate September 28, 1999. Attest: Secretary. 106th CONGRESS 1st Session S. 1156 _______________________________________________________________________ AN ACT To amend provisions of law enacted by the Small Business Regulatory Enforcement Fairness Act of 1996 to ensure full analysis of potential impacts on small entities of rules proposed by certain agencies, and for other purposes.

Small Business Advocacy Review Panel Technical Amendments Act of 1999 - Amends Federal provisions concerning the promulgation of Federal rules to allow representatives of small entities that may be affected to make an oral presentation to a review panel for a proposed rule. Requires the head of an agency covered by the rule to print the report of the review panel in the Federal Register within 180 days after receiving it or as part of the publication of the notice of proposed rulemaking. Prohibits such report from including confidential business information submitted by any small entity representative. Defines as agencies covered by the rule the Environmental Protection Agency, the Occupational Safety and Health Administration, and the Internal Revenue Service.

Small Business Advocacy Review Panel Technical Amendments Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Flood Insurance Program Fairness Act''. SEC. 2. NOTIFICATION AND APPEAL OF MAP CHANGES. Subsection (h) of section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(h)) is amended to read as follows: ``(h) Notification and Appeal of Flood Map Changes by Community.-- ``(1) Notification.--In the case of any change to flood insurance map panels, including any change in the form of a letter of map amendment or a letter of map revision, the Director shall provide notice of such change by-- ``(A) providing the chief executive officer of each community affected by the change, by registered mail, a copy of the revised maps for such community and a statement explaining the process under this subsection to appeal to the Director for changes in such revised maps; and ``(B) causing notice of such changes to be published in the Federal Register, which notice shall include information sufficient to identify the communities affected and the changes made, information explaining how to obtain copies of the changes and revisions, and a statement explaining the process under this subsection to appeal to the Director for changes in such revised maps. ``(2) Appeals.--With respect to any change to a flood insurance map panel, during the 30-day period beginning upon the occurrence of the last of the actions required under subparagraphs (A) and (B) of paragraph (1), a community affected by the change may appeal the change by submitting an objection to the change, in writing, to the Director. Such an objection may provide additional evidence relating to the objection or a request for additional time to obtain information related to the objection. The right of a community to appeal a change to flood insurance map panels under this subsection shall be in addition to any right or opportunity for a community to appeal such a change under section 1363. ``(3) Response to appeal.--During the 30-day period that begins upon the receipt by the Director of an objection pursuant to paragraph (2), the Director shall determine whether to deny the objection, revise the changes to the flood insurance map panels in response to the objection, or to grant additional time to the community to obtain evidence related to the objection. Immediately upon making such determination, the Director shall notify the chief executive officer of the community, in writing and by registered mail, of such determination. ``(4) Additional time.--If the Director grants a community additional time to obtain evidence related to the objection-- ``(A) the notification pursuant to paragraph (3) shall state the amount of time granted; and ``(B) during the 30-day period beginning upon the earlier of the submission of such evidence or the expiration of such additional time granted, the Director shall determine whether to deny the objection or revise the changes to flood insurance map panels in response to the objection. Immediately upon making such determination, the Director shall notify the chief executive officer of the community, in writing and by registered mail, of such determination. ``(5) Notification to homeowners.-- ``(A) In general.--Not later than 30 days after any final determination described in subparagraph (B), the Director shall, by first class mail, provide written notification, to each owner of real property affected by the change to flood insurance map panels resulting from such determination, of-- ``(i) the status of such property with respect to flood zone and flood insurance purchase requirements under this Act and the Flood Disaster Protection Act of 1973; and ``(ii) information regarding how and where to obtain any coverage required and the estimated cost of such coverage. ``(B) Final determinations.--A final determination described in this subparagraph is-- ``(i) the expiration of the period under paragraph (2) without receipt by the Director of an objection in accordance with such paragraph; ``(ii) a determination pursuant to paragraph (3) or (4)(B) to deny an objection; or ``(iii) a determination pursuant to paragraph (3) or (4)(B) to revise the changes to flood insurance map panels in response to the objection in a manner such that such panels are altered from the panels in effect before such changes. ``(6) Effective date of changes.--A change to a flood insurance map panel shall take effect-- ``(A) with respect to any property for which such change results in the initial applicability of any requirement under this Act or the Flood Disaster Protection Act of 1973 to purchase flood insurance for the property, upon the expiration of the 6-month period beginning upon the date that notice under paragraph (5) is mailed to the owner of such property; and ``(B) with respect to any property for which such change results in elimination of any such purchase requirement or decreases the cost of coverage required, immediately upon the final determination under paragraph (5) regarding such change.''. SEC. 3. REIMBURSEMENT OF PROPERTY OWNERS FOR COSTS INCURRED IN REQUESTS TO REMOVE PROPERTY FROM BASE FLOOD ELEVATIONS. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following new subsection: ``(k) Reimbursement of Property Owners for Costs Incurred in Requests To Remove Property From Base Flood Elevations.--If an owner of a real property incurs expense in connection with the services of surveyors, engineers, or similar services, but not including legal services, in effecting any request to the Director to remove the property from inclusion within the base flood elevations established under flood insurance map panels, and the Director grants such request in whole or in part, the Director shall reimburse such individual for such expense. The amount of such reimbursement shall be determined by the Director, based on the ratio of the successful portion of the request as compared to the entire request. The Director shall apply such ratio to the average cost of such services in the community for jobs of a similar size.''. SEC. 4. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS. Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended by striking the section designation and all that follows through the end of subsection (a) and inserting the following: ``Sec. 1363. (a) In establishing projected flood elevations for land use purposes with respect to any community pursuant to section 1361, the Director shall first propose such determinations-- ``(1) by providing the chief executive officer of each community affected by the proposed elevations, by registered mail, notice of the elevations, including a copy of the maps for the elevations for such community and a statement explaining the process under this section to appeal for changes in such elevations; ``(2) by causing notice of such elevations to be published in the Federal Register, which notice shall include information sufficient to identify the elevation determinations and the communities affected, information explaining how to obtain copies of the elevations, and a statement explaining the process under this section to appeal for changes in the elevations; and ``(3) by publishing the elevations in a prominent local newspaper.''.

National Flood Insurance Program Fairness Act - Amends the National Flood Insurance Act of 1968 to replace requirements for the notification of changes to flood insurance map panels (thus, repealing them) with new requirements for the notification and appeal of such changes.Allows a community affected by the change to appeal the change.Requires the Director of the Federal Emergency Management Agency, if an owner of real property affected by a change to panels incurs expense in connection with the services of surveyors, engineers, or similar services (but not legal services) in effecting any request to the Director to remove the property from inclusion within the base flood elevations established under panels, and granted by the Director in whole or in part, to reimburse such individual for such expense.Amends the National Flood Insurance Act of 1968 to set forth new requirements (thus, repealing the current requirement) for the publication or notification of proposed flood elevation determinations.

To amend the National Flood Insurance Act of 1968 to ensure homeowners are provided adequate notice of flood map changes and a fair opportunity to appeal such changes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Historic Country Store Preservation and Revitalization Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) historic country stores are lasting icons of rural tradition in the United States; (2) historic country stores are valuable contributors to the civic and economic vitality of their local communities; (3) historic country stores demonstrate innovative approaches to historic preservation and small business practices; (4) historic country stores are threatened by larger competitors and the costs associated with maintaining older structures; and (5) the United States should-- (A) collect and disseminate information concerning the number, condition, and variety of historic country stores; (B) develop opportunities for cooperation among proprietors of historic country stores; and (C) promote the long-term economic viability of historic country stores through the provision of financial assistance to historic country stores. SEC. 3. DEFINITIONS. In this Act: (1) Country store.-- (A) In general.--The term ``country store'' means a structure independently owned and formerly or currently operated as a business that-- (i) sells or sold grocery items and other small retail goods; and (ii) is located in-- (I) an economically distressed area; or (II) a nonmetropolitan area, as defined by the Secretary. (B) Inclusion.--The term ``country store'' includes a cooperative. (2) Economically distressed area.--The term ``economically distressed area'' means an area that meets 1 or more of the criteria described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)). (3) Eligible applicant.--The term ``eligible applicant'' means-- (A) a State department of commerce or economic development; (B) a national or State nonprofit organization that-- (i) is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of the Internal Revenue Code of 1986; and (ii)(I) has experience or expertise, as determined by the Secretary, in the identification, evaluation, rehabilitation, or preservation of historic country stores; or (II) is undertaking economic and community development activities; (C) a national or State nonprofit trade organization that-- (i) is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of the Internal Revenue Code of 1986; and (ii) acts as a cooperative to promote and enhance country stores; and (D) a State historic preservation office. (4) Fund.--The term ``Fund'' means the Historic Country Store Revolving Loan Fund established under section 5(a). (5) Historic country store.--The term ``historic country store'' means a country store that-- (A) has operated at the same location for at least 50 years; and (B) retains sufficient integrity of design, materials, and construction to clearly identify the structure as a country store. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Assistant Secretary for Economic Development. SEC. 4. HISTORIC COUNTRY STORE PRESERVATION AND REVITALIZATION PROGRAM. (a) Establishment.--The Secretary shall establish a historic country store preservation and revitalization program-- (1) to collect and disseminate information on historic country stores; (2) to promote State and regional partnerships among proprietors of historic country stores; and (3) to sponsor and conduct research on-- (A) the economic impact of historic country stores in rural areas, including the impact on unemployment rates and community vitality; (B) best practices to-- (i) improve the profitability of historic country stores; and (ii) protect historic country stores from foreclosure or seizure; and (C) best practices for developing cooperative organizations that address the economic and historic preservation needs of-- (i) historic country stores; and (ii) the communities served by the historic country stores. (b) Grants.-- (1) In general.--The Secretary may make grants to, or enter into contracts or cooperative agreements with, eligible applicants to carry out an eligible project under paragraph (2). (2) Eligible projects.--A grant under this subsection may be made to an eligible applicant for a project-- (A)(i) to rehabilitate or repair a historic country store; and (ii) to enhance the economic benefit of the historic country store to the communities served by the historic country store; (B) to identify, document, and conduct research on historic country stores; and (C) to develop and evaluate appropriate techniques or best practices for protecting historic country stores. (3) Requirements.--An eligible applicant that receives a grant for an eligible project under paragraph (1) shall comply with all applicable requirements for historic preservation projects under Federal, State, and local law. (4) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- (A) identifies the number of grants made under subsection (b); (B) describes the type of grants made under subsection (b); and (C) includes any other information that the Secretary determines to be appropriate. (c) Country Store Alliance Pilot Project.-- (1) In general.--The Secretary shall carry out a pilot project in the State of Vermont under which the Secretary shall conduct demonstration activities to preserve historic country stores and the communities served by the historic country stores, including-- (A) the collection and dissemination of information on historic country stores in the State; (B) the development of collaborative country store marketing and purchasing techniques; and (C) the development of best practices for historic country store proprietors and communities facing transitions involved in the sale or closure of a historic country store. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- (A) describes the results of the pilot project; and (B) includes any recommended changes of the Secretary to the program established under subsection (a), based on the results of the pilot project. SEC. 5. HISTORIC COUNTRY STORE REVOLVING LOAN FUND. (a) Establishment.--Not later than 120 days after the date of enactment of this Act, the Secretary of the Treasury shall establish in the Treasury of the United States a revolving fund, to be known as the ``Historic Country Store Revolving Loan Fund'', consisting of-- (1) such amounts as are appropriated to the Fund under subsection (b); (2) \1/3\ of the amounts appropriated under section 8(a); and (3) any interest earned on investment of amounts in the Fund under subsection (d). (b) Transfers to Fund.--There are appropriated to the Fund amounts equivalent to-- (1) the amounts repaid on loans under section 6; and (2) the amounts of the proceeds from the sales of notes, bonds, obligations, liens, mortgages and property delivered or assigned to the Secretary pursuant to loans made under section 6. (c) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide loans under section 6. (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. (d) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2) Interest-bearing obligations.--Investments may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (4) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (5) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (e) 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. LOANS FOR HISTORIC COUNTRY STORE REHABILITATION OR REPAIR PROJECTS. (a) In General.--Using amounts in the Fund, the Secretary may make direct loans to eligible applicants for projects-- (1) to purchase, rehabilitate, or repair historic country stores; or (2) to establish microloan funds to make short-term, fixed- interest rate loans to proprietors of historic country stores. (b) Applications.-- (1) In general.--To be eligible for a loan under this section, an eligible applicant shall submit to the Secretary a complete application for a loan that addresses the criteria described in paragraph (2). (2) Considerations for approval or disapproval.--In determining whether to approve or disapprove an application for a loan submitted under paragraph (1), the Secretary shall consider-- (A) the demonstrated need for the purchase, construction, reconstruction, or renovation of the historic country store based on the condition of the historic country store; (B) the age of the historic country store; (C) the extent to which the project to purchase, rehabilitate, or repair the historic country store includes collaboration among historic country store proprietors and other eligible applicants; and (D) any other criteria that the Secretary determines to be appropriate. (c) Requirements.--An eligible applicant that receives a loan for a project under this section shall comply with all applicable standards for historic preservation projects under Federal, State, and local law. (d) Report.--Not later than 1 year after the date on which the Fund is established under subsection (a), and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- (1) identifies-- (A) the number of loans provided under this section; (B) the repayment rate of the loans; and (C) the default rate of the loans; and (2) includes any other information that the Secretary determines to be appropriate. SEC. 7. PERFORMANCE REPORT. Any eligible applicant that receives financial assistance under this Act shall, for each fiscal year for which the eligible applicant receives the financial assistance, submit to the Secretary a performance report that-- (1) describes-- (A) the allocation of the amount of financial assistance received under this Act; (B) the economic benefit of the financial assistance, including a description of-- (i) the number of jobs retained or created; and (ii) the tax revenues generated; and (2) addresses any other reporting requirements established by the Secretary. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act, $50,000,000 for the period of fiscal years 2006 through 2011, to remain available until expended. (b) Country Store Alliance Pilot Project.--Of the amount made available under subsection (a), not less than $250,000 shall be made available to carry out section 4(c).

National Historic Country Store Preservation and Revitalization Act of 2006 - Directs the Secretary of Commerce to establish a historic country store preservation and revitalization program to: (1) collect and disseminate information on country stores; (2) promote State and regional partnerships among proprietors of historic country stores; and (3) sponsor and conduct research on the economic impact of historic country stores in rural areas, best practices to improve profitability and protect such stores from foreclosure or seizure, and best practices for developing cooperative organizations that address economic and historic preservation needs of historic country stores and the communities served by them. Allows the Secretary to make grants to, or enter into contracts or cooperative agreements with, an eligible applicant to carry out a project to: (1) rehabilitate or repair a historic country store; (2) enhance the economic benefit of the historic country store to the communities served; (3) identify, document, and conduct research on historic country stores; and (4) develop and evaluate appropriate techniques or best practices for protecting historic country stores. Directs the Secretary to carry out a pilot project in Vermont under which the Secretary shall conduct demonstration activities to preserve historic country stores and the communities served. Authorizes the Secretary, using amounts in the Fund, to make direct loans to eligible applicants for projects to purchase, rehabilitate, or repair historic country stores or to establish microloan funds to make short-term, fixed-interest rate loans to proprietors of such stores.

A bill to establish a national historic country store preservation and revitalization program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ferry Transportation Enhancement Act''. SEC. 2. AUTHORIZATION OF FUNDING FOR CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES. (a) Funding.--Section 1064(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note) is amended to read as follows: ``(c) Funding.-- ``(1) In general.--There shall be available, out of the Highway Trust Fund (other than the Mass Transit Account), to the Secretary for obligation at the discretion of the Secretary $150,000,000 for each of fiscal years 2004, 2005, 2006, 2007, 2008, and 2009. Sums made available to carry out this section shall remain available until expended. ``(2) Allocation of funds.--The Secretary shall give priority in the allocation of funds under this section to those ferry systems, and public entities responsible for developing facilities for ferries, that carry the greatest number of passengers and vehicles, carry the greatest number of passengers in passenger-only service, or provide critical access to areas that are not well-served by other modes of surface transportation.''. SEC. 3. ELIGIBILITY OF FERRY MAINTENANCE FACILITIES FOR FEDERAL FUNDING. (a) Maintenance Facilities.--Section 129(c) of title 23, United States Code, is amended-- (1) in the matter preceding paragraph (1), by inserting ``and maintenance'' after ``terminal''; and (2) in paragraph (3), by inserting ``and maintenance'' after ``terminal'' each place it appears. (b) Conforming Amendments.--Section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note) is amended by inserting ``and maintenance'' after ``terminal'' each place it appears. SEC. 4. ELIGIBILITY OF FERRIES FOR CLEAN FUELS PROGRAM. Section 5308 of title 49, United States Code, is amended-- (1) in subsection (a)(3) (i) and (iii) and subsection (e), by inserting ``or ferries'' after ``buses'' each place it appears; (2) in subsection (c) and (e), by inserting ``or ferry'' after ``bus'' each place it appears; (3) in the heading for subsection (e)(2), by inserting ``or ferries'' after ``buses''; and (4) in the heading for subsection (e)(3), by inserting ``or ferry'' after ``bus''. SEC. 5. FERRY JOINT PROGRAM OFFICE. (a) Establishment.--The Secretary of Transportation shall establish a Ferry Joint Program Office (in this section, referred to as the ``Office'') to coordinate Federal programs affecting ferry boat and ferry facility construction, maintenance, and operations and to promote ferry service as a component of the Nation's transportation system. The Ferry Joint Program Office shall coordinate ferry and ferry-related programs within the Department of Transportation (including the Federal Highway Administration, the Federal Transit Administration, the Maritime Administration, and the Bureau of Transportation Statistics) and with the Department of Homeland Security and other Federal and State agencies, as appropriate. (b) Functions.--The functions of the Office shall include-- (1) ensuring resource accountability; (2) coordinating policy relating to ferry transportation among the various agencies of the Department of Transportation and other departments of the United States Government; (3) providing strategic leadership for ferry research, development, testing, and deployment; and (4) promoting ferry transportation as a means to reduce social, economic, and environmental costs associated with traffic congestion. SEC. 6. NATIONAL FERRY DATA BASE. (a) In General.--The Secretary of Transportation shall maintain a national ferry database, which shall contain current information regarding ferry systems, routes, vessels, passengers and vehicles carried, funding sources, and such other information as the Secretary deems useful. The Secretary shall utilize the study generated as a result of section 1207(c) of the Transportation Equity Act for the 21st Century, and make modifications to that study, as appropriate. (b) Updated Database.--The Secretary shall produce the first updated version of the national ferry database within 1 year after the date of enactment of this Act and every 2 years thereafter. (c) Public Accessibility.--The Secretary shall ensure that the national ferry database is easily accessible to the public. SEC. 7. NATIONAL FERRY TRANSPORTATION INSTITUTE. (a) Establishment.--The Secretary of Transportation shall make grants to an institution of higher education, within 1 year after the date of enactment of this Act, to establish a National Ferry Transportation Institute (in this section, referred to as the ``Institute''). (b) Administration.--The Secretary shall develop and administer the Institute in cooperation with the Department of Transportation, State transportation departments, public ferry transportation authorities, private ferry operators, ferry boat builders, ferry employees, and other institutions of higher education and research institutes. (c) Functions.--The Institute shall-- (1) conduct research and recommend development activities on methods of improving ferry transportation programs in the United States, including methods of reducing wake and providing alternative propulsion; (2) develop and conduct training programs for ferry system employees, United States Government employees, and other individuals, as appropriate, on recent developments, techniques, and procedures pertaining to the construction and operation of ferries; (3) encourage and assist collaborative efforts by public and private entities to preserve, improve, and expand the use of ferries as a mode of transportation; and (4) preserve, utilize, and display historical information about the use of ferries in the United States and in foreign countries. (d) Location.--In selecting the location for the Institute, the Secretary shall consider-- (1) the importance of public and private ferries to the region's transportation system, including both regional travel and long-range travel and service to isolated communities; (2) the historical importance of ferry transportation to the region; (3) the history and diversity of the region's maritime community, including ferry construction and repair and other shipbuilding activities; (4) the anticipated growth of ferry service and ferry boat building in the region; (5) the availability of public-private collaboration in the region; and (6) the presence of nationally recognized research universities in the region. (e) Funding.--There are authorized to be appropriated to the Secretary of Transportation $2,000,000 for each of fiscal years 2004, 2005, 2006, 2007, 2008, and 2009, to carry out activities under this section by the Institute. The Secretary may authorize the acceptance and expenditure of funding provided to the Institute by public and private entities. (f) Report.--The Secretary shall report to Congress not later than 1 year after the date of enactment of this Act, and annually thereafter, on the activities of the Institute and the progress in carrying out this section.

Ferry Transportation Enhancement Act - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize appropriations for FY 2004 through 2009 for construction of ferry boats and ferry terminal facilities. Amends Federal highway law to make ferry maintenance (currently, only terminal) facilities eligible for Federal funding. Amends Federal transportation law to include ferries within the Federal clean fuels program. Directs the Secretary of Transportation to: (1) establish a Ferry Joint Program Office to coordinate Federal programs affecting ferry boat and facility construction, maintenance, and operation, and to promote ferry service as a component of the Nation's transportation system; (2) maintain a national ferry database containing ferry routes, vessels, passengers and vehicles carried, funding sources, and related information; and (3) make grants to an institution of higher education to establish a National Ferry Transportation Institute for research, development, training programs, etc. relating to U.S. ferry transportation systems.

A bill to extend the authorization for the ferry boat discretionary program, and for other purposes.

SECTION 1. EXTENSION AND MODIFICATION OF RENEWABLE ENERGY PRODUCTION TAX CREDIT. (a) Extension of Credit.--Each of the following provisions of section 45(d) (relating to qualified facilities) is amended by striking ``January 1, 2009'' and inserting ``January 1, 2014'': (1) Paragraph (1). (2) Clauses (i) and (ii) of paragraph (2)(A). (3) Clauses (i)(I) and (ii) of paragraph (3)(A). (4) Paragraph (4). (5) Paragraph (5). (6) Paragraph (6). (7) Paragraph (7). (8) Paragraph (8). (9) Subparagraphs (A) and (B) of paragraph (9). (b) Production Credit for Electricity Produced From Marine Renewables.-- (1) In general.--Paragraph (1) of section 45(c) (relating to resources) is amended by striking ``and'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(I) marine and hydrokinetic renewable energy.''. (2) Marine renewables.--Subsection (c) of section 45 is amended 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 an irrigation system, canal, or other man-made channel, 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 derived from any source which utilizes a dam, diversionary structure (except as provided in subparagraph (A)(iii)), or impoundment for electric power production purposes.''. (3) Definition of facility.--Subsection (d) of section 45 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-- ``(A) which has a nameplate capacity rating of at least 150 kilowatts, and ``(B) which is originally placed in service on or after the date of the enactment of this paragraph and before January 1, 2010.''. (4) Credit rate.--Subparagraph (A) of section 45(b)(4) is amended by striking ``or (9)'' and inserting ``(9), or (11)''. (5) Coordination with small irrigation power.--Paragraph (5) of section 45(d), as amended by subsection (a), is amended by striking ``January 1, 2013'' and inserting ``the date of the enactment of paragraph (11)''. (c) Sales of Electricity to Regulated Public Utilities Treated as Sales to Unrelated Persons.--Section 45(e)(4) (relating to related persons) is amended by adding at the end the following new sentence: ``A taxpayer shall be treated as selling electricity to an unrelated person if such electricity is sold to a regulated public utility (as defined in section 7701(a)(33).''. (d) Trash Facility Clarification.--Paragraph (7) of section 45(d) is amended-- (1) by striking ``facility which burns'' and inserting ``facility (other than a facility described in paragraph (6)) which uses'', and (2) by striking ``combustion'' in the heading thereof. (e) Effective Dates.-- (1) Extension.--The amendments made by subsection (a) shall apply to property originally placed in service after December 31, 2008. (2) Modifications.--The amendments made by subsections (b) and (c) shall apply to electricity produced and sold after the date of the enactment of this Act, in taxable years ending after such date. (3) Trash facility clarification.--The amendments made by subsection (d) shall apply to electricity produced and sold before, on, or after December 31, 2007. SEC. 2. EXTENSION AND MODIFICATION OF SOLAR ENERGY AND FUEL CELL INVESTMENT TAX CREDIT. (a) Extension of Credit.-- (1) Solar energy property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) (relating to energy credit) are each amended by striking ``January 1, 2009'' and inserting ``January 1, 2018''. (2) Fuel cell property.--Subparagraph (E) of section 48(c)(1) (relating to qualified fuel cell property) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2017''. (3) Qualified microturbine property.--Subparagraph (E) of section 48(c)(2) (relating to qualified microturbine property) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2017''. (b) Allowance of Energy Credit Against Alternative Minimum Tax.-- Subparagraph (B) of section 38(c)(4) (relating to specified credits) is amended by striking ``and'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, and'', and by adding at the end the following new clause: ``(v) the credit determined under section 46 to the extent that such credit is attributable to the energy credit determined under section 48.''. (c) Repeal of Dollar Per Kilowatt Limitation for Fuel Cell Property.-- (1) In general.--Section 48(c)(1) (relating to qualified fuel cell), as amended by subsection (a)(2), is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. (2) Conforming amendment.--Section 48(a)(1) is amended by striking ``paragraphs (1)(B) and (2)(B) of subsection (c)'' and inserting ``subsection (c)(2)(B)''. (d) Public Electric Utility Property Taken Into Account.-- (1) In general.--Paragraph (3) of section 48(a) is amended by striking the second sentence thereof. (2) Conforming amendments.-- (A) Paragraph (1) of section 48(c), as amended by this section, is amended by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C). (B) Paragraph (2) of section 48(c), as amended by subsection (a)(3), is amended by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (e) Effective Dates.-- (1) Extension.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Allowance against alternative minimum tax.--The amendments made by subsection (b) shall apply to credits determined under section 46 of the Internal Revenue Code of 1986 in taxable years beginning after the date of the enactment of this Act and to carrybacks of such credits. (3) Fuel cell property and public electric utility property.--The amendments made by subsections (c) and (d) shall apply to periods after the date of the enactment of this Act, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Amends the Internal Revenue Code to: (1) extend through 2013 the tax credit for producing electricity from wind, open and closed-loop biomass, geothermal or solar energy, small irrigation power, landfill gas, trash combustion, refined coal, and hydropower facilities; (2) include marine and hydrokinetic renewable energy as a resource eligible for such credit; (3) extend through 2017 the investment tax credit for solar, fuel cell, and microturbine property; (4) repeal the dollar per kilowatt limitation for fuel cell property for purposes of the investment tax credit; and (5) allow public utility property to qualify for the investment tax credit.

To amend the Internal Revenue Code of 1986 to extend and modify the renewable energy production tax credit and the solar energy and fuel cell investment tax credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Seafood Consumer Protection Act''. SEC. 2. COMMERCIALLY MARKETED SEAFOOD CONSUMER PROTECTION SAFETY NET. (a) In General.--The Secretary of Commerce shall, in coordination with the Federal Trade Commission and other appropriate Federal agencies, and consistent with the international obligations of the United States, strengthen Federal consumer protection activities for ensuring that commercially distributed seafood in the United States meets the food quality and safety requirements of applicable Federal laws. (b) Interagency Agreements.-- (1) In general.--Within 180 days after the date of enactment of this Act, the Secretary and other appropriate Federal agencies shall execute memoranda of understanding or other agreements to strengthen interagency cooperation on seafood safety, seafood labeling, and seafood fraud. (2) Scope of agreements.--The agreements shall include provisions, as appropriate for each such agreement, for-- (A) cooperative arrangements for examining and testing seafood imports that leverage the resources, capabilities, and authorities of each party to the agreement; (B) coordination of inspections of foreign facilities to increase the percentage of imported seafood and seafood facilities inspected; (C) standardizing data on seafood names, inspection records, and laboratory testing to improve interagency coordination; (D) coordination of the collection, storage, analysis, and dissemination of all applicable information, intelligence, and data related to the importation, exportation, transportation, sale, harvest, processing, or trade of seafood in order to detect and investigate violations under applicable Federal laws, and to carry out the provisions of this Act; (E) developing a process for expediting imports of seafood into the United States from foreign countries and exporters that consistently adhere to the highest standards for ensuring seafood safety; (F) coordination to track shipments of seafood in the distribution chain within the United States; (G) enhancing labeling requirements and methods of assuring compliance with such requirements to clearly identity species and prevent fraudulent practices; (H) a process by which officers and employees of the National Oceanic and Atmospheric Administration may be commissioned by the head of any other appropriate Federal agency to conduct or participate in seafood examinations and investigations under applicable Federal laws administered by such other agency; (I) the sharing of information concerning observed non-compliance with United States seafood requirements domestically and in foreign countries and new regulatory decisions and policies that may affect regulatory outcomes; (J) conducting joint training on subjects that affect and strengthen seafood inspection effectiveness by Federal authorities; (K) sharing, to the maximum extent allowable by law, all applicable information, intelligence, and data related to the importation, exportation, transportation, sale, harvest, processing, or trade of seafood in order to detect and investigate violations under applicable Federal laws, or otherwise to carry out the provisions of this Act; and (L) outreach to private testing laboratories, seafood industries, and the public on Federal efforts to enhance seafood safety and compliance with labeling requirements, including education on Federal requirements for seafood safety and labeling and information on how these entities can work with appropriate Federal agencies to enhance and improve seafood inspection and assist in detecting and preventing seafood fraud and mislabeling. (3) Annual reports on implementation of agreements.--The Secretary, the Chairman of the Federal Trade Commission, and the heads of other appropriate Federal agencies that are parties to agreements executed under paragraph (1) shall submit, jointly or severally, an annual report to the Congress concerning-- (A) specific efforts taken pursuant to the agreements; (B) the budget and personnel necessary to strengthen seafood safety and labeling and prevent seafood fraud; and (C) any additional authorities necessary to improve seafood safety and labeling and prevent seafood fraud. (c) Marketing, Labeling, and Fraud Report.--Within 1 year after the date of enactment of this Act, the Secretary and the Chairman of the Federal Trade Commission shall submit a joint report to the Congress on consumer protection and enforcement efforts with respect to seafood marketing and labeling in the United States. The report shall include-- (1) findings with respect to the scope of seafood fraud and deception in the United States market and its impact on consumers; (2) information on how the National Oceanic and Atmospheric Administration and the Federal Trade Commission can work together more effectively to address fraud and unfair or deceptive acts or practices with respect to seafood; (3) detailed information on the enforcement and consumer outreach activities undertaken by the National Oceanic and Atmospheric Administration and the Federal Trade Commission during the preceding year pursuant to this Act; and (4) an examination of the scope of unfair or deceptive acts or practices in the United States market with respect to foods other than seafood and whether additional enforcement authority or activity is warranted. (d) NOAA Seafood Inspection and Marking Coordination.-- (1) Deceptive marketing and fraud.--The National Oceanic and Atmospheric Administration shall report deceptive seafood marketing and fraud to the Federal Trade Commission pursuant to an agreement under subsection (b). (2) Application with existing agreements.--Nothing in this Act shall be construed to impede, minimize, or otherwise affect any agreement or agreements regarding cooperation and information sharing in the inspection of fish and fishery products and establishments between the Department of Commerce and the Department of Health and Human Services in effect on the date of enactment of this Act. Within 6 months after the date of enactment of this Act, the Secretary of Commerce and the Secretary of Health and Human Services shall submit a joint report to the Congress on implementation of any such agreement or agreements, including the extent to which the Food and Drug Administration has taken into consideration information resulting from inspections conducted by the Department of Commerce in making risk-based determinations such as the establishment of inspection priorities for domestic and foreign facilities and the examination and testing of imported seafood. (3) Coordination with sea grant program.--The Administrator of the National Oceanic and Atmospheric Administration shall ensure that the NOAA Seafood Inspection Program is coordinated with the Sea Grant Program to provide outreach to States, consumers, and the seafood industry on seafood testing, seafood labeling, and seafood substitution, and strategies to combat mislabeling and fraud. SEC. 3. CERTIFIED LABORATORIES. Within 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall increase the number of laboratories certified to the standards of the Food and Drug Administration in the United States and in countries that export seafood to the United States for the purpose of analyzing seafood and ensuring that the laboratories, including Federal, State, and private facilities, comply with applicable Federal laws. Within 1 year after the date of enactment of this Act, the Secretary of Commerce shall publish in the Federal Register a list of certified laboratories. The Secretary shall update and publish the list no less frequently than annually. SEC. 4. NOAA LABORATORIES. In any fiscal year beginning after the date of enactment of this Act, the Secretary may increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration involved in carrying out testing and other activities under this Act to the extent that the Secretary determines that increased laboratory capacity is necessary to carry out the provisions of this Act and as provided for in appropriations Acts. SEC. 5. CONTAMINATED SEAFOOD. (a) Refusal of Entry.--The Secretary of Health and Human Services may issue an order refusing admission into the United States of all imports of seafood or seafood products originating from a country or exporter if the Secretary determines that shipments of such seafood or seafood products do not meet the requirements established under applicable Federal law. (b) Increased Testing.--If the Secretary of Health and Human Services determines that seafood imports originating from a country may not meet the requirements of Federal law, and determines that there is a lack of adequate certified laboratories to provide for the entry of shipments pursuant to section 3, then the Secretary may order an increase in the percentage of shipments tested of seafood originating from such country to improve detection of potential violations of such requirements. (c) Allowance of Individual Shipments from Exporting Country or Exporter.--Notwithstanding an order under subsection (a) with respect to seafood originating from a country or exporter, the Secretary may permit individual shipments of seafood originating in that country or from that exporter to be admitted into the United States if-- (1) the exporter presents evidence from a laboratory certified by the Secretary that a shipment of seafood meets the requirements of applicable Federal laws; and (2) the Secretary, or other agent of a Federal agency authorized to conduct inspections of seafood, has inspected the shipment and has found that the shipment and the conditions of manufacturing meet the requirements of applicable Federal laws. (d) Cancellation of Order.--The Secretary may cancel an order under subsection (a) with respect to seafood exported from a country or exporter if all shipments into the United States under subsection (c) of seafood originating in that country or from that exporter more than 1 year after the date on which the Secretary issued the order have been found, under the procedures described in subsection (c), to meet the requirements of Federal law. If the Secretary determines that an exporter has failed to comply with the requirements of an order under subsection (a), the 1-year period in the preceding sentence shall run from the date of that determination rather than the date on which the order was issued. (e) Effect.--This section shall be in addition to, and shall have no effect on, the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) with respect to seafood, seafood products, or any other product. SEC. 6. INSPECTION TEAMS. (a) Inspection of Foreign Sites.--The Secretary, in cooperation with the Secretary of Health and Human Services, may send 1 or more inspectors to a country or exporter from which seafood exported to the United States originates. The inspection team shall assess practices and processes being used in connection with the farming, cultivation, harvesting, preparation for market, or transportation of such seafood and may provide technical assistance related to the requirements established under applicable Federal laws to address seafood fraud and safety. The inspection team shall prepare a report for the Secretary of Commerce with its findings. The Secretary of Commerce shall make a copy of the report available to the country or exporter that is the subject of the report and provide a 30-day period during which the country or exporter may provide a rebuttal or other comments on the findings to the Secretary. (b) Distribution and Use of Report.--The Secretary shall provide the report to the Secretary of Health and Human Services as information for consideration in making risk-based determinations such as the establishment of inspection priorities of domestic and foreign facilities and the examination and testing of imported seafood. The Secretary shall provide the report to the Executive Director of the Federal Trade Commission for consideration in making recommendations to the Chairman of the Federal Trade Commission regarding consumer protection to prevent fraud, deception, and unfair business practices in the marketplace. SEC. 7. SEAFOOD IDENTIFICATION. (a) Standarized List of Names for Seafood.--The Secretary and the Secretary of Health and Human Services shall initial a joint rulemaking proceeding to develop and make public a list of standardized names for seafood identification purposes at distribution, marketing, and consumer retail stages. The list of standardized names shall take into account taxonomy, current labeling regulations, international law and custom, market value, and naming precedence for all commercially distributed seafood distributed in interstate commerce in the United States and may not include names, whether similar to existing or commonly used names for species, that are likely to confuse or mislead consumers. (b) Publication of List.--The list of standardized names shall be made available to the public on Department of Health and Human Services and the Department of Commerce websites, shall be open to public review and comment, and shall be updated annually. SEC. 8. DEFINITIONS. In this Act: (1) Applicable federal laws.--The term ``applicable laws and regulations'' means Federal statutes, regulations, and international agreements pertaining to the importation, exportation, transportation, sale, harvest, processing, or trade of seafood, including the Magnuson-Stevens Fishery Conservation and Management Act, section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381), section 203 of the Food Allergen Labeling and Consumer Protection Act of 2004 (21 U.S.C. 374a), and the Seafood Hazard Analysis and Critical Control Point regulations in part 123 of title 21, Code of Federal Regulations. (2) Appropriate federal agencies.--The term ``appropriate Federal agencies'' includes the Department of Health and Human Services, the Federal Food and Drug Administration, the Department of Homeland Security, and the Department of Agriculture. (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce.

Commercial Seafood Consumer Protection Act - Directs the Secretary of Commerce (Secretary) to strengthen federal activities for ensuring that commercially distributed seafood meets federal food quality and safety requirements. Directs the Secretary and other appropriate federal agencies to enter into agreements to strengthen interagency cooperation on seafood safety, labeling, and fraud, including regarding examining and testing seafood imports, inspections of foreign facilities, establishing a distribution chain tracking system, data sharing, and public outreach. Requires the Secretary, the Chairman of the Federal Trade Commission (FTC), and heads of other appropriate federal agencies to submit an annual report to Congress concerning the implementation of such agreements and the budget, personnel, and any additional authorities necessary to improve seafood safety and labeling and prevent seafood fraud. Directs the Secretary and the Chairman to submit to Congress a joint report on consumer protection activities, enforcement measures, and coordination efforts with the National Oceanic and Atmospheric Administration (NOAA). Requires NOAA to report deceptive seafood marketing and fraud to the FTC. Directs the Secretary to increase the number of laboratories certified to Food and Drug Administration (FDA) standards. Authorizes the Secretary to increase the number and capacity of laboratories operated by NOAA involved in testing and other activities under this Act. Authorizes the Secretary of Health and Human Services (HHS), subject to exceptions, to: (1) refuse imports of seafood originating from certain countries or exporters; and (2) increase the percentage of seafood tested originating from such countries. Authorizes the Secretary to send inspectors to an originating country or exporter to assess seafood practices and processes and to provide technical assistance related to U.S. requirements. Requires the development and publication of an annual list of standardized names to identify seafood at the distribution, marketing, and consumer retail stages.

A bill to strengthen Federal consumer product safety programs and activities with respect to commercially-marketed seafood by directing the Secretary of Commerce to coordinate with the Federal Trade Commission and other appropriate Federal agencies to strengthen and coordinate those programs and activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Healthcare Nurse Promotion Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) There is a significant shortage of home healthcare nurses, which is harming individuals' access to cost-effective home healthcare, particularly among underserved and high-risk populations. A recent survey found that 59 percent of visiting nurse associations indicated they must decline patient referrals on a weekly basis. (2) The increasing aging population, prevalence of chronic disease, and strong preference by individuals to live independently at home as long as possible will create an unprecedented demand for home-based care during the next several decades. By 2020, home health utilization is projected to increase by 36 percent. (3) The demand for home healthcare nurses is projected to increase by 109 percent by 2020, compared to 37 percent for hospital nurses. (4) An estimated 1,000,000 new registered nurses will be needed by 2016 to fill new demand for nurses and replace retirees. (5) Visiting nurse associations have been shown to lower costs for high-cost patient populations. Yet because they provide a substantial amount of uncompensated care, they are increasingly unable to compete for nurses in a national nursing shortage environment. (6) A recent survey by the Visiting Nurses Association of America found that-- (A) staff nursing rate shortages average around 10 percent; (B) 81 percent of visiting nurse associations indicate that salary limitations are the number one barrier to recruitment; and (C) 22 percent of visiting nurse associations indicate that their local hospital offers salaries $10,000 greater than they are able to offer. (b) Purpose.--The purpose of this Act is to increase home health care services, particularly for underserved and at-risk populations, by-- (1) assisting visiting nurse associations and other non- profit home health agencies to improve training and workforce development for home healthcare nurses; (2) promoting and facilitating academic-practice collaborations; and (3) improving recruitment and retention of home healthcare nurses. SEC. 3. DEFINING VISITING NURSE ASSOCIATION. Section 801 of the Public Health Service Act (42 U.S.C. 296) is amended by adding at the end the following new paragraph: ``(16) Visiting nurse association.--The term `visiting nurse association' means a home health agency that-- ``(A) has a participation agreement in effect under section 1866 of the Social Security Act; ``(B) is a nonprofit entity exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986; ``(C) is organized and participating under title XVIII of the Social Security Act as a provider of services separately from any other provider of services under such title; and ``(D) is governed by a board of directors and all members of the board (excluding the head of the agency in any case in which the head of the agency is a board member) serve on such board on an exclusively volunteer basis.''. SEC. 4. HOME HEALTH TRAINING AND LOAN FORGIVENESS PROGRAMS. (a) Home Health Nurse Training Programs.--Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p) is amended by adding at the end the following new sections: ``SEC. 832. HOME HEALTH NURSE TRAINING PROGRAM GRANTS. ``(a) In General.--The Secretary may make grants under this section to visiting nurse associations for the purpose of providing training in home health care to nurses who-- ``(1) are hired by a visiting nurse association to provide home health care; and ``(2) have no recent nursing work experience in home health care. ``(b) Priority for Grants.--When awarding grants under subsection (a), the Secretary shall give priority to visiting nurse associations that provide medically-necessary home health care to individuals who request home health services (as defined in section 1861(m) of the Social Security Act) from such associations, regardless of ability to pay. ``SEC. 833. PILOT PROGRAM FOR HOME HEALTH TRAINING AT SCHOOLS OF NURSING. ``(a) In General.--Not later than the last day of the 90-day period beginning on the date of enactment of this section, the Secretary shall establish a pilot program to make grants to a number (to be determined by the Secretary, but to be not less than five and not more than 10) of accredited schools of nursing that have entered into partnerships with visiting nurse associations for the purpose of developing and implementing a curriculum on home health care at such schools. ``(b) Application.--In order to qualify for a grant under subsection (a), a school of nursing must submit an application to the Secretary-- ``(1) demonstrating that the school has established a partnership with a visiting nurse association as required in subsection (a); and ``(2) containing-- ``(A) a description of how the school and the association will work collaboratively to develop and implement a curriculum on home health care for the students at the school; ``(B) a description of how academic-practice collaboration will occur, such as-- ``(i) utilizing visiting nurse faculty from the visiting nurse association; and ``(ii) promoting student nurse internships, mentoring opportunities, or other collaborative activities to aid in the education and practical home healthcare experience of nursing students; and ``(C) any other information required by the Secretary. ``(c) Termination Date.--The pilot program under subsection (a) shall terminate at the end of the 5-year period beginning on the date of enactment of this section. ``(d) Report.--Not later than the last day of the first calendar year following the date of enactment of this section and the end of each succeeding calendar year, the Secretary shall submit to Congress a report on the pilot program under subsection (a). ``SEC. 834. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part (other than section 831) such sums as may be necessary in each fiscal year.''. (b) Loan Forgiveness for Certain Nurses.-- (1) Amendments regarding service for visiting nurse associations.--Section 846 of such Act (42 U.S.C. 297n) is amended-- (A) in subsection (a)(3), by inserting ``or for a visiting nurse association'' after ``critical shortage of nurses''; (B) in subsection (g)(2)-- (i) by striking ``or health facility'' and inserting ``, health facility, or visiting nurse association''; (ii) by striking ``or the health facility'' and inserting ``, the health facility, or the visiting nurse association''; and (iii) by striking ``or facility'' each place it appears and inserting ``, facility, or association''; and (C) in subsection (h)(5) by inserting ``and visiting nurse associations'' before the semicolon at the end. (2) Technical amendments.--Section 846 of such Act (42 U.S.C. 297n) is further amended-- (A) by striking subsection (f); and (B) by redesignating subsections (g) through (i) as subsections (f) through (h), respectively.

Home Healthcare Nurse Promotion Act of 2009 - Amends the Public Health Service Act to: (1) define "visiting nurse association" for purposes of the Act; (2) authorize the Secretary of Health and Human Services to make grants to visiting nurse associations to provide training in home health care to nurses who are hired to provide such care and have no recent nursing work experience in home health care; (3) direct the Secretary to establish a pilot program to make grants to accredited schools of nursing to develop and implement curricula on home health care and report to Congress on such pilot program; and (4) extend the nursing workforce development loan repayment and scholarship program to nurses who work for a visiting nurse association.

To increase home healthcare services, particularly for underserved and at-risk populations, by assisting visiting nurse associations and other non-profit home health agencies to improve training and workforce development for home healthcare nurses, promoting and facilitating academic-practice collaborations, and enhancing recruitment and retention of home healthcare nurses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make State Governments More Open, Honest, and Transparent Act of 2017''. SEC. 2. NATIONAL STANDARDS RELATING TO STATE CONFLICT OF INTEREST PROTECTIONS. (a) In General.--The head of a Federal agency that administers a Federal block grant program in a fiscal year shall take the following actions with respect to a State that is in noncompliance as described in subsection (b) on the first day of the fiscal year: (1) Suspend the authority of the State or any political subdivision of the State to administer funds made available to the State or subdivision under the Federal block grant program in that fiscal year. (2) Exercise the authority of the State described in paragraph (1) in that fiscal year, including the selection of the projects to be carried out in the State or subdivision under the Federal block grant program. (b) Requirement.--A State shall be treated as being in noncompliance as described in this subsection with respect to a fiscal year if the Director of the Office of Government Ethics determines that the State has not enacted or is not enforcing one or more of the following laws on the first day of the fiscal year: (1) A law that requires an individual serving as a member of the legislature of the State to prepare and make available to the public an annual report disclosing the financial interests of the individual during the preceding year. (2) A law that prohibits an individual serving as a member of the legislature of the State to solicit or require, either directly or indirectly, an employee of the individual to make a financial or in-kind contribution to a political party or a political campaign. (3) A law that makes it unlawful for any person-- (A) who enters into any contract with the State (including any department or agency of the State) either for the rendition of personal services or furnishing any material, supplies, or equipment to the State or for selling any land or building to the State, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the State, at any time between the commencement of negotiations for and the later of (i) the completion of performance under, or (ii) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for State public office or to any person for any political purpose or use; or (B) knowingly to solicit any such contribution from any such person for any such purpose during any such period. (c) Definitions.--In this section, the following definitions apply: (1) Federal block grant program.--The term ``Federal block grant program'' means each of the following: (A) The Innovative Education Program Strategies Block Grant program of the Department of Education. (B) The Energy Efficiency and Conservation Block Grant program of the Department of Energy. (C) The following programs of the Department of Health and Human Services: (i) The Child Care and Development Block Grant program. (ii) The Community Mental Health Services Block Grant program. (iii) The Community Services Block Grant program. (iv) The Low Income Home Energy Assistance Block Grant program. (v) The Maternal and Child Health Services Block Grant program. (vi) The Preventive Health and Health Services Block Grant program. (vii) The Social Services Block Grant program. (viii) The Substance Abuse Prevention and Treatment Block Grant program. (ix) The Temporary Assistance to Needy Families program. (x) The Title V Abstinence Education Block Grant program. (D) The Homeland Security Grant Programs (State Homeland Security Programs, Urban Area Security Initiative Grant, and Operation Stonegarden) of the Department of Homeland Security. (E) The following programs of the Department of Housing and Urban Development: (i) The Community Development Block Grant program. (ii) The Indian Community Development Block Grant program. (iii) The Emergency Solutions Grant Program. (iv) The HOME Investment Partnerships Program. (v) The Indian Housing Block Grant program. (vi) The Native Hawaiian Housing Block Grant program. (F) The Edward Byrne Memorial Justice Assistance Grant program of the Department of Justice. (G) The Workforce Investment Act (Youth, Adult, and Dislocated Workers) program of the Department of Labor. (H) The following programs of the Department of Transportation: (i) The Federal Aviation Administration Airport Improvement State Block Grant Program. (ii) The Surface Transportation Block Grant Program. (2) State.--The term ``State'' means any of the 50 States, the District of Columbia, or Puerto Rico.

Make State Governments More Open, Honest, and Transparent Act of 2017 This bill directs the head of a federal agency that administers any of specified block grant programs to suspend the authority of the state to administer funds under the program if the state does not enact or enforce at least one law that requires disclosure by a state legislator of financial interests, prohibits a legislator from soliciting political party or election campaign contributions, or prohibits the making or soliciting of contributions during a period of contractor performance or negotiations.

Make State Governments More Open, Honest, and Transparent Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Systems Market Awareness Act of 2014''. SEC. 2. FINDINGS. Congress finds that-- (1) motors and motor-driven systems account for a significant quantity of the electricity used in the United States; (2) motor electrical energy use is determined by the efficiency of the motor and the design of the motor-driven system in which the motor and the drive operate; (3) Federal Government research on commercial and industrial motors and motor-driven system use and efficiency is outdated; (4) the Bureau of the Census has discontinued collection of data on motor and generator importation, manufacture, shipment, and sales; (5) the last Department of Energy motor market assessment was conducted in 2002; (6) motor and motor-driven systems have changed dramatically during the 12-year period ending on the date of enactment of this Act; and (7) a new motor and motor-driven system market assessment will help United States manufacturers better understand the commercial marketplace and become more globally competitive. SEC. 3. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) Interested parties.--The term ``interested parties'' includes-- (A) trade associations; (B) motor manufacturers; (C) manufacturers of variable speed drives, including variable frequency drives; (D) motor end users, including original equipment manufacturers that use motors to drive machinery; (E) permanent magnetic material manufacturers; (F) electric utilities; and (G) individuals and entities that conduct energy efficiency programs. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. MOTOR MARKET ASSESSMENT. (a) In General.--The Secretary, in consultation with interested parties, shall conduct a market assessment of motors and motor-driven systems used in the United States. (b) Assessment.--In conducting the assessment under subsection (a), the Secretary shall-- (1) develop a detailed profile of the stock of motors and motor-driven systems in commercial and industrial facilities of the United States (as of the date of enactment of this Act); (2) develop a profile of commercial and industrial motor and motor-driven system purchase and maintenance practices; (3) analyze the opportunities (by market segment) for improved energy efficiency and cost savings available through-- (A) the use of energy efficient motors, variable speed drives, servo drives, and other control technologies; (B) optimization of motor-driven systems; and (C) substitution of existing motor designs with new and future advanced motor and motor-driven system designs, including-- (i) electronically commutated permanent magnet motors; (ii) interior permanent magnet motors; (iii) switched reluctance motors; (iv) synchronous reluctance motors; and (v) variable speed drives; and (4) evaluate the state of the global supply chain that supports motor and drive technologies (as of the date of enactment of this Act), including-- (A) the accessibility and sustainability of key materials; (B) the progress of research and development directed at decreasing the quantity of heavy rare earth materials required in high energy density permanent magnets; and (C) factors that may lead to an increase in domestic manufacturing of motor and drive technologies. (c) Report.--Not later than 540 days after the date of enactment of this Act, the Secretary shall publish and make available on the website of the Department a report on the assessment conducted under this section. (d) Recommendations.--The Secretary shall use the assessment and report required under this section-- (1) to develop recommendations to update the detailed motor and motor-driven system profile on a periodic basis using readily available market information; and (2) to identify technology and research needs that could be met through joint industry and government partnership. SEC. 5. PUBLIC AWARENESS PROGRAM. Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with interested parties, shall establish a program targeted at motor end-users to increase the awareness of the end-users of-- (1) the energy efficiency and cost saving opportunities available to commercial and industrial facilities from using higher efficiency motors and motor-driven system technologies; (2) motor and motor-driven system procurement and management procedures; and (3) criteria for making decisions for new, replacement, or repair of motor and motor-driven system components.

Motor Systems Market Awareness Act of 2014 - Directs the Secretary of Energy (DOE) to make a market assessment of motors and motor-driven systems used in the United States, and establish a program to increase motor end-user awareness of: (1) the energy efficiency and cost saving opportunities available to commercial and industrial facilities from using higher efficiency motors and motor-driven system technologies; (2) motor and motor-driven system procurement and management procedures; and (3) criteria for making decisions for new, replacement, or repair of motor and motor-driven system components.

Motor Systems Market Awareness Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Snowbasin Land Exchange Act of 1995''. SEC. 2. FINDINGS AND DETERMINATION. (a) Findings.--The Congress finds that-- (1) in June 1995, Salt Lake City, Utah, was selected to host the 2002 Winter Olympic Games, and the Snowbasin Ski Resort, which is owned by the Sun Valley Company, was identified as the site of six Olympic events: the men's and women's downhills, men's and women's Super-Gs, and men's and women's combined downhills; (2) in order to adequately accommodate these events, which are traditionally among the most popular and heavily attended at the Winter Olympic Games, major new skiing, visitor, and support facilities will have to be constructed at the Snowbasin Ski Resort on land currently administered by the United States Forest Service; (3) while certain of these new facilities can be accommodated on National Forest land under traditional Forest Service permitting authorities, the base area facilities necessary to host visitors to the ski area and the Winter Olympics are of such a nature that they should logically be located on private land; (4) land exchanges have been routinely utilized by the Forest Service to transfer base area lands to many other ski areas, and the Forest Service and the Sun Valley Company have concluded that a land exchange to transfer base area lands at the Snowbasin Ski Resort to the Sun Valley Company is both logical and advisable; (5) an environmental impact statement and numerous resource studies have been completed by the Forest Service and the Sun Valley Company for the lands proposed to be transferred to the Sun Valley Company by this Act; (6) the Sun Valley Company has assembled lands with outstanding environmental, recreational, and other values to convey to the Forest Service in return for the lands it will receive in the exchange, and the Forest Service has identified such lands as desirable for acquisition by the United States; and (7) completion of a land exchange and approval of a development plan for Olympic related facilities at the Snowbasin Ski Resort is essential to ensure that all necessary facilities can be constructed, tested for safety and other purposes, and become fully operational in advance of the 2002 Winter Olympics and earlier pre-Olympic events. (b) Determination.--The Congress has reviewed the previous analyses and studies of the lands to be exchanged and developed pursuant to this Act, and has made its own review of these lands and issues involved, and on the basis of those reviews hereby finds and determines that a legislated land exchange and development plan approval is necessary to meet Olympic goals and timetables. SEC. 3. PURPOSE AND INTENT. The purpose of this Act is to authorize and direct the Secretary to exchange 1,320 acres of federally-owned land within the Cache National Forest in the State of Utah for lands of approximately equal value owned by the Sun Valley Company. It is the intent of Congress that this exchange be effected without delay within the period specified by section 5. SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``Sun Valley Company'' means the Sun Valley Company, a division of Sinclair Oil Corporation, a Wyoming Corporation, or its successors or assigns; and (2) the term ``Secretary'' means the Secretary of Agriculture. SEC. 5. EXCHANGE. (a) Federal Selected Lands.-- (1) In general.--Not later than 45 days after the final determination of value of the Federal selected lands, the Secretary shall, subject to this Act, transfer all right, title, and interest of the United States in and to the lands referred to in paragraph (2) to the Sun Valley Company. (2) Lands described.--The lands referred to in paragraph (1) are certain lands within the Cache National Forest in the State of Utah comprising 1,320 acres, more or less, as generally depicted on the map entitled ``Snowbasin Land Exchange--Proposed'' and dated October 1995. (b) Non-Federal Offered Lands.--Upon transfer of the Federal selected lands under subsection (a), and in exchange for those lands, the Sun Valley Company shall convey to the Secretary all right, title and interest of the Sun Valley Company in and to so much of the following offered lands which have been previously identified by the United States Forest Service as desirable by the United States, or which are identified pursuant to paragraph (5), as are of approximate equal value to the Federal selected lands: (1) Certain lands located within the exterior boundaries of the Cache National Forest in Weber County, Utah, which comprise approximately 640 acres and are generally depicted on a map entitled ``Lightning Ridge Offered Lands'', dated October 1995. (2) Certain lands located within the Cache National Forest in Weber County, Utah, which comprise approximately 635 acres and are generally depicted on a map entitled ``Wheeler Creek Watershed Offered Lands-Section 21'', dated October 1995. (3) Certain lands located within the exterior boundaries of the Cache National Forest in Weber County, Utah, and lying immediately adjacent to the outskirts of the City of Ogden, Utah, which comprise approximately 800 acres and are generally depicted on a map entitled ``Taylor Canyon Offered Lands'', dated October 1995. (4) Certain lands located within the exterior boundaries of the Cache National Forest in Weber County, Utah, which comprise approximately 2,040 acres and are generally depicted on a map entitled ``North Fork Ogden River-Devil's Gate Valley'', dated October 1995. (5) Such additional offered lands as may be necessary to make the values of the lands exchanged pursuant to this Act approximately equal, and which are acceptable to the Secretary. (c) Substitution of Offered Lands.--If one or more of the precise offered land parcels identified in paragraphs (1) through (4) of subsection (b) is unable to be conveyed to the United States due to appraisal or other reasons, or if the Secretary and the Sun Valley Company mutually agree and the Secretary determines that an alternative offered land package would better serve long term public needs and objectives, the Sun Valley Company may convey to the United States alternative offered lands acceptable to the Secretary in lieu of any or all of the lands identified in paragraphs (1) through (4) of subsection (b). (d) Valuation and Appraisals.-- (1) Values of the lands to be exchanged pursuant to this Act shall be equal as determined by the Secretary utilizing nationally recognized appraisal standards. If due to size, location, or use of lands exchanged under this Act, the values are not exactly equal, they shall be equalized by the payment of cash equalization money to the Secretary or the Sun Valley Company as appropriate in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). In order to expedite the consummation of the exchange directed by this Act, the Sun Valley Company shall arrange and pay for appraisals of the offered and selected lands by a qualified appraiser mutually acceptable to the Sun Valley Company and the Secretary. The appraisal of the Federal selected lands shall be completed and submitted to the Secretary for approval no later than 90 days after the date of enactment of this Act and the Secretary shall make a determination of value not later than 30 days after receipt of the appraisal. In the event the Secretary and the Sun Valley Company are unable to agree to the appraised value of a certain tract or tracts of land, the appraisal, appraisals, or appraisal issues in dispute and a final determination of value shall be resolved through a process of bargaining or submitted to arbitration in accordance with section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)). (2) In order to expedite the appraisal of the Federal selected lands, such appraisal shall-- (A) value the land as a single entity for its highest and best use as if in private ownership and as of the date of enactment of this Act; (B) consider the effect on value of improvements constructed on the land by the Forest Service or third parties but not consider improvements owned or constructed by the Snowbasin Ski Resort or previous permittee; (C) recognize that Snowbasin is a proven ski area and assume that special use permits which are required for operation of a ski resort would be granted a buyer of the Federal selected lands; (D) consider the effect on value, if any, of the remaining permit periods of existing special use permits on the lands held by parties other than the Snowbasin Ski Resort; (E) not reflect any enhancement in value to the Federal selected lands based on the existence of private lands owned by the Sun Valley Company in the vicinity of the Snowbasin Ski Resort, and shall assume that private lands owned by the Sun Valley Company are not available for use in conjunction with the Federal selected lands; and (F) reflect a diminution in value resulting from deed restrictions or other conditions on the transfer of the Federal selected lands. SEC. 6. GENERAL PROVISIONS RELATING TO THE EXCHANGE. (a) In General.--The exchange authorized by this Act shall be subject to the following terms and conditions: (1) Reserved rights-of-way.--In the deed to be issued pursuant to section 5(a), the Secretary shall reserve in the United States a right of reasonable access across the property conveyed for public access and for administrative purposes of the United States necessary to manage adjacent federally-owned lands. The terms of such access shall be prescribed by the Secretary within 30 days after the date of the enactment of this Act. (2) Right of rescission.--This Act shall not be binding on either the United States or the Sun Valley Company if, within 30 days after the final determination of value of the Federal selected lands, the Sun Valley Company submits to the Secretary a duly authorized and executed resolution of the Company stating its intention not to enter into the exchange authorized by this Act. (b) Withdrawal.--Subject to valid existing rights, effective on the date of enactment of this Act, the Federal selected lands described in section 5(a) and all National Forest System lands currently under special use permit to the Sun Valley Company at the Snowbasin Ski Resort are hereby withdrawn from all forms of appropriation under the public land laws (including the mining laws) and from disposition under all laws pertaining to mineral and geothermal leasing. (c) Deed.--The conveyance of the offered lands to the United States under this Act shall be by general warranty or other deed acceptable to the Secretary and in conformity with applicable title standards of the Attorney General of the United States. (d) Status of Lands.--Upon acceptance of title by the Secretary, the land conveyed to the United States pursuant to this Act shall become part of the Wasatch or Cache National Forests as appropriate, and the boundaries of such National Forests shall be adjusted to encompass such lands. Once conveyed, such lands shall be managed in accordance with the Act of March 1, 1911, as amended (commonly known as the ``Weeks Act''), and in accordance with the other laws, rules and regulations applicable to National Forest System lands. This subsection does not limit the Secretary's authority to adjust the boundaries pursuant to section 11 of the Act of March 1, 1911 (``Weeks Act''). For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Wasatch and Cache National Forests, as adjusted by this Act, shall be considered to be boundaries of the forests as of January 1, 1965. SEC. 7. PHASE I FACILITY CONSTRUCTION AND OPERATION. (a) Phase I Facility Review and Finding.--The Congress has reviewed the Snowbasin Ski Area Master Development Plan dated October 1995 (hereinafter in this Act referred to as the ``Master Plan''), insofar as such plan pertains to ``Phase I'' facilities which are to be constructed and operated wholly or partially on National Forest System lands retained by the Secretary after consummation of the land exchange directed by this Act. On the basis of such review, Congress hereby finds that the Phase I facilities identified and described in the Master Plan to be located on National Forest System lands, or any modifications thereof mutually agreed to by the Secretary and the Sun Valley Company, are reasonable and necessary to accommodate the 2002 Olympics and directs the Secretary to issue all necessary permits and authorizations for construction and operation of such facilities in accordance with the procedures and provisions of this section. (b) Phase I Facility Approval, Conditions and Timetable.--Within 120 days of receipt of an application by the Sun Valley Company to authorize construction and operation of any particular Phase I facility, facilities, or group of facilities, the Secretary, in consultation with the Sun Valley Company, shall authorize construction and operation of such facility, facilities, or group of facilities, subject to the general policies of the Forest Service pertaining to the construction and operation of ski area facilities on National Forest System lands. In providing authorization to construct and operate a facility, facilities, or group of facilities, the Secretary may not impose any condition that would significantly change the location, size, or scope of the applied for Phase I facility unless (1) the modification is mutually agreed to by the Secretary and the Sun Valley Company; or (2) the change is necessary to protect public health and safety. In providing any such authorization, the Secretary shall provide for resource protection without regard to section 102(2)(C) of the National Environmental Policy Act of 1969 or the participation requirements of section 6(d) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(d)). Nothing in this section shall be construed to affect the Secretary's responsibility to monitor and assure compliance with the conditions set forth in the construction and operation authorization. (c) Congressional Directions.--Notwithstanding any other provision of law, Congress finds consummation of the land exchange directed by this Act and all determinations, authorizations, and actions taken by the Secretary pursuant to this Act pertaining to Phase I facilities (or modifications thereof mutually agreed to by the Secretary and the Sun Valley Company) to be non-discretionary actions authorized and directed by Congress and hence to comply with all procedural and other requirements of the laws of the United States. (d) Report to Congress.--The Secretary shall report to the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate as to whether construction and operation of Phase I facilities have provided for sufficient environmental protection on National Forest System lands affected by such facilities.

Snowbasin Land Exchange Act of 1995 - Requires the Secretary of Agriculture, subject to specified terms and conditions, to transfer certain lands within the Cache National Forest in Utah to the Sun Valley Company in exchange for specified Company lands of approximate equal value to become a part of the Wasatch or Cache National Forests as appropriate. Adjusts the boundaries of such Forests to encompass the lands. Requires such lands to be managed in accordance with the Weeks Act and other applicable laws, rules, and regulations of National Forest System lands. Finds that, based on congressional review, the Phase I facilities identified and described in the Snowbasin Ski Area Master Development Plan dated October 1995 to be located on National Forest System lands, or any modifications thereof mutually agreed to by the Secretary and the Company, are reasonable and necessary to accommodate the 2002 Olympics. Directs the Secretary to issue all necessary permits and authorizations for construction and operation of such facilities in accordance with specified procedures and provisions of this Act. Requires the Secretary to report to specified congressional committees on whether construction and operation of Phase I facilities have provided for sufficient environmental protection on National Forest lands affected by such facilities.

Snowbasin Land Exchange Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthcare Enhancement for Americas Rural Towns Act'' or the ``HEART Act''. SEC. 2. REFORM AND PERMANENT EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM. (a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2017'' and inserting ``before October 1, 2018''; (2) in clause (i), by adding at the end the following; ``For fiscal year 2018 and each subsequent fiscal year, in the case of such a subsection (d) hospital, payment under paragraph (1)(A) shall be equal to the sum of the amount determined under paragraph (1)(A)(iii) and the amount determined by the increase factor determined under clause (v) for such hospital and cost reporting period.''; (3) in clause (ii)(II), by striking ``, and before October 1, 2017'' and inserting ``before October 1, 2018''; and (4) by adding at the end the following new clauses: ``(v) Subject to subclause (II), for purposes of clause (i), for fiscal year 2019 and each subsequent fiscal year with respect to a subsection (d) hospital which is a medicare- dependent, small rural hospital, the Secretary shall determine an increase factor to apply to such hospital with respect to discharges occurring during such fiscal year. When determining such increase factor, the Secretary may take into account a methodology that results in a similar amount of reimbursement to such hospital for such fiscal year as such amount that would have been determined if the first sentence of clause (i) applied with respect to such fiscal year. ``(vi) The aggregate amounts determined for all subsection (d) hospitals which are medicare-dependent, small rural hospitals by application of the increase factors determined under clause (v) for such hospitals shall not exceed a total of-- ``(I) for fiscal year 2019, $100,000,000; and ``(II) for each subsequent fiscal year, the amount specified in this clause for the previous fiscal year increased by the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)) as determined prospectively by the Secretary for such subsequent fiscal year.''. (b) Conforming Amendments.-- (1) Extension of target amount.--Section 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended-- (A) in the matter preceding clause (i), by striking ``, and before October 1, 2017''; (B) in clause (iii), by striking at the end ``and''; (C) in clause (iv)-- (i) by striking ``through fiscal year 2017'' and inserting ``through fiscal year 2018''; and (ii) by striking the period at the end and inserting ``, and''; and (D) by adding at the end the following new clause: ``(v) with respect to discharges occurring during fiscal year 2019 or a subsequent fiscal year, the target amount for the preceding year increased by the applicable percentage increase under subparagraph (B)(iv) and adjusted as determined necessary by the Secretary to take into account the application of subsection (d)(5)(G)(vi) for such fiscal year.''. (2) Permitting hospitals to decline reclassification.-- Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal year 2000 through fiscal year 2017'' and inserting ``a subsequent fiscal year''. SEC. 3. TEMPORARY EXTENSION OF THE MEDICARE LOW-VOLUME ADJUSTMENT PROGRAM. Section 1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12)) is amended-- (1) in subparagraph (B), in the matter preceding clause (i), by striking ``and for discharges occurring in fiscal year 2020 and subsequent fiscal years''; (2) in subparagraph (C)(i)-- (A) by striking ``fiscal years 2011 through 2017'' each place it appears and inserting ``fiscal years 2011 through 2019''; and (B) by striking ``or portion of fiscal year''; and (3) in subparagraph (D)-- (A) in the heading, by striking ``Temporary applicable percentage increase'' and inserting ``Applicable percentage increase beginning with fiscal year 2011''; (B) by striking ``fiscal years 2011 through 2017,'' and inserting ``fiscal years 2011 through 2019''; and (C) by striking ``or the portion of fiscal year'' each place it appears. SEC. 4. BUDGET NEUTRAL PAY-FOR. For fiscal year 2018 and each subsequent fiscal year, the Secretary of Health and Human Services shall adjust payments under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) in a manner such that the estimated aggregate amount of expenditures under such section for such fiscal year with application of the amendments made by sections 2 and 3 of this Act is equal to the estimated aggregate amount of expenditures under such section for such fiscal year without application of such amendments.

Healthcare Enhancement for Americas Rural Towns Act or the HEART Act This bill permanently extends and otherwise revises the Medicare-Dependent Hospital program (which provides increased payments to certain smaller, rural hospitals that serve a proportionally high number of Medicare patients). The bill also extends through FY 2019 the program for increased payments under Medicare for low-volume hospitals.

Healthcare Enhancement for Americas Rural Towns Act

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Court of Veterans Appeals Act of 1998''. (b) References to Title 38, United States Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. TITLE I--ADMINISTRATIVE PROVISIONS RELATING TO THE COURT SEC. 101. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS. Section 7254 is amended by adding at the end the following new subsection: ``(f) The Court may prescribe rules and regulations to carry out this chapter.''. SEC. 102. CALCULATION OF YEARS OF SERVICE AS A JUDGE. Section 7296(b) is amended by adding at the end the following new paragraph: ``(4) For purposes of calculating the years of service of an individual under this subsection and subsection (c), only those years of service as a judge of the Court shall be credited. In determining the number of years of such service, that portion of the aggregate number of years of such service that is a fractional part of one year shall be disregarded if less than 6 months and shall be credited as a full year if 6 months or more.''. SEC. 103. LIMITATION ON COST-OF-LIVING ADJUSTMENT TO RETIRED PAY. Section 7296 is amended by adding at the end the following new subsection: ``(l)(1) If a cost-of-living adjustment provided by law to be made to the retired pay payable under this section of a retired chief judge of the Court would (but for this subsection) result in the retired pay of that retired chief judge being in excess of the annual rate of pay in effect for the chief judge of the court as provided in section 7253(e)(1) of this title, such adjustment may be made only in such amount as results in the retired pay of the retired chief judge being the same as that annual rate of pay (as in effect on the effective date of such adjustment). ``(2) If a cost-of-living adjustment provided by law to be made to the retired pay payable under this section of a retired judge (other than a retired chief judge) of the Court would (but for this subsection) result in the retired pay of that retired judge being in excess of the annual rate of pay in effect for judges of the court as provided in section 7253(e)(2) of this title, such adjustment may be made only in such amount as results in the retired pay of the retired judge being the same as that annual rate of pay (as in effect on the effective date of such adjustment).''. SEC. 104. SURVIVOR ANNUITIES. (a) Election To Participate.--Subsection (b) of section 7297 is amended in the first sentence by inserting before the period the following: ``or within 6 months after the date on which the judge marries if the judge has retired under section 7296 of this title''. (b) Reduction of Contributions of Active Judges.--(1) Subsection (c) of such section is amended by striking out ``3.5 percent of the judge's pay'' and inserting in lieu thereof ``2.2 percent of the judge's salary received under section 7253(e) of this title, 3.5 percent of the judge's retired pay received under section 7296 of this title when the judge is not serving in recall status under section 7257 of this title, and 2.2 percent of the judge's retired pay received under such section 7296 when the judge is serving in recall status under such section 7257''. (2) The amendment made by paragraph (1) shall take effect on the first day of the first pay period beginning on or after January 1, 1995. (c) Interest Payments.--Subsection (d) of such section is amended-- (1) by inserting ``(1)'' after ``(d)''; and (2) by adding at the end the following new paragraph: ``(2) If a judge has previously performed a period of service as a judge, or has performed service as a judicial official (as defined under section 376(a)(1) of title 28), a Member of Congress, or a congressional employee, the interest required under the first sentence of paragraph (1) shall not be required for any period-- ``(A) during which a judge was separated from all such service; and ``(B) during which the judge was not receiving retired pay or a retirement annuity based on service as a judge or as a judicial official.''. (d) Service Eligibility.--(1) Subsection (f) of such section is amended-- (A) in the matter in paragraph (1) preceding subparagraph (A)-- (i) by striking out ``at least 5 years'' and inserting in lieu thereof ``at least 18 months''; and (ii) by striking out ``last 5 years'' and inserting in lieu thereof ``last 18 months''; and (B) by adding at the end the following new paragraph: ``(5) If a judge dies as a result of an assassination and leaves a survivor or survivors who are entitled to receive annuity benefits under this section, the matter in paragraph (1) preceding subparagraph (A) shall not apply.''. (2) Subsection (a) of such section is amended-- (A) in paragraph (2), by inserting ``who is in active service or who has retired under section 7296 of this title'' after ``Court''; (B) in paragraph (3), by striking ``7296(c)'' and inserting ``7296''; and (C) by adding at the end the following new paragraph: ``(8) The term `assassination' means the killing of a judge that is motivated by the performance by that judge of the judge's official duties.''. (e) Age Requirement of Surviving Spouse.--Subparagraph (A) of subsection (f)(1) of such section is amended by striking out ``or following the surviving spouse's attainment of the age of 50 years, whichever is later''. (f) COLA for Survivor Annuities.--Subsection (o) of such section is amended to read as follows: ``(o) Each survivor annuity payable from the retirement fund shall be increased at the same time as, and by the same percentage by which, annuities payable from the Judicial Survivors' Annuities Fund are increased pursuant to section 376(m) of title 28.''. SEC. 105. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION ORDERS. Section 7298 is amended by adding at the end the following new subsection: ``(g) For purpose of section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(b)(1)(B)), the retirement fund shall be treated in the same manner as the Court of Federal Claims Judges' Retirement Fund.''. SEC. 106. LIMITATION ON ACTIVITIES OF RETIRED JUDGES. (a) In General.--Chapter 72 is amended by adding at the end the following new section: ``Sec. 7299. Limitation on activities of retired judges ``If a retired judge of the Court (as defined in section 7257(a)(2) of this title) in the practice of law represents (or supervises or directs the representation of) a client in making any claim relating to veterans' benefits against the United States or any agency thereof, the retired judge shall forfeit all rights to retired pay under section 7296 of this title or under chapter 83 or 84 of title 5 for the period beginning on the date on which the representation begins and ending one year after the date on which the representation ends.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 72 is amended by adding at the end the following new item: ``7299. Limitation on activities of retired judges.''. TITLE II--STAGGERED RETIREMENT AND RECALL PROVISIONS SEC. 201. STAGGERED RETIREMENT. (a) Retirement Authorized.--One eligible judge each year shall be eligible to retire under this section starting in the year 1999 and ending in the year 2003. (b) Eligible Judges.-- (1) Definition of eligible judge.--For purposes of this section, an eligible judge is an individual who-- (A) is an associate judge of the United States Court of Appeals for Veterans Claims who has at least 10 years of service creditable under section 7296 of title 38, United States Code; (B) has made an election to receive retired pay under section 7296 of such title; (C) has at least 20 years of service allowable under section 7297(l) of such title; (D) is at least 55 years of age; and (E) has years of age, years of service creditable under section 7296 of such title, and years of service allowable under section 7297(l) of such title not creditable under section 7296 of such title, that total at least 80. (2) Multiple eligible judges.--In the case of a year in which more than one eligible judge provides notice in accordance with subsection (c), the judge who is eligible to retire in that year shall be the judge who has the greatest seniority as a judge of the United States Court of Appeals for Veterans Claims of the judges who provide such notice. (c) Notice.--A judge who desires to retire under subsection (d) shall provide the President and the chief judge of the United States Court of Appeals for Veterans Claims with written notice to that effect not later than April 1 of any year specified in subsection (a). Such notice shall specify the retirement date in accordance with subsection (d). Notice provided under this subsection shall be irrevocable. (d) Retirement.--A judge who is eligible to retire under subsection (a) shall retire during the fiscal year in which notice is provided pursuant to subsection (c), but not earlier than 90 days after the date on which such notice is provided. Such judge shall be deemed, for all purposes, to be retiring under section 7296(b)(1) of title 38, United States Code, except that the rate of retired pay for a judge retiring under this section shall, on the date of such judge's separation from service, be equal to the rate described in section 7296(c)(1) of such title multiplied by the percentage represented by the fraction in which the numerator is the sum of the number represented by years of service as a judge of the United States Court of Appeals for Veterans Claims creditable under section 7296 of such title and the age of such judge, and the denominator is 80. (e) Duty of Actuary.--Section 7298(e)(2) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) For purposes of subparagraph (B) of this paragraph, the term `present value' includes a value determined by an actuary with respect to a payment that may be made under subsection (b) from the retirement fund within the contemplation of law.''. SEC. 202. RECALL OF RETIRED JUDGES. (a) In General.--Chapter 72 is further amended by inserting after section 7256 the following new section: ``Sec. 7257. Recall of retired judges of the Court ``(a)(1) A retired judge of the Court may be recalled for further service on the Court in accordance with this section. To be eligible to be recalled for such service, a retired judge must provide to the chief judge of the Court notice in writing that the retired judge is available for such service and is willing to be recalled under this section. ``(2) For the purposes of this section, a retired judge is a judge of the Court of Veterans Appeals who retires from the Court under section 7296 of this title or under chapter 83 or 84 of title 5. ``(b) The chief judge may recall a retired judge upon written certification by the chief judge that substantial service is expected to be performed by the retired judge for such period as determined by the chief judge to be necessary to meet the needs of the Court. Any such recall may only be made with the agreement in writing of the retired judge. ``(c) A retired judge who is recalled under this section may exercise all of the powers and duties of the office of a judge in active service. ``(d) A retired judge who is recalled under this section shall be paid, during the period for which the judge serves in recall status, pay at the rate of pay in effect under section 7253(e) of this title for a judge performing active service, less the amount the judge is paid in retired pay under section 7296 of this title or an annuity under the applicable provisions of chapter 83 or 84 of title 5. ``(e) Except as provided in subsection (d), a judge who is recalled under this section who retired under the provisions of chapter 83 or 84 of title 5 shall be considered to be a reemployed annuitant under that chapter. ``(f) Nothing in this section may be construed to affect the right of a judge who retired under chapter 83 or 84 of title 5 to serve as a reemployed annuitant in accordance with the provisions of title 5.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 72 is amended by inserting after the item relating to section 7256 the following new item: ``7257. Recall of retired judges of the Court.''. TITLE III--RENAMING OF COURT SEC. 301. RENAMING OF THE COURT OF VETERANS APPEALS. (a) In General.--The United States Court of Veterans Appeals is hereby renamed as, and shall hereafter be known and designated as, the United States Court of Appeals for Veterans Claims. (b) Section 7251.--Section 7251 is amended by striking out ``United States Court of Veterans Appeals'' and inserting in lieu thereof ``United States Court of Appeals for Veterans Claims''. SEC. 302. CONFORMING AMENDMENTS. (a) Conforming Amendments to Title 38.-- (1) The following sections are amended by striking out ``Court of Veterans Appeals'' each place it appears and inserting in lieu thereof ``Court of Appeals for Veterans Claims'': sections 5904, 7101(b), 7252(a), 7253, 7254, 7255, 7256, 7261, 7262, 7263, 7264, 7266(a)(1), 7267(a), 7268(a), 7269, 7281(a), 7282(a), 7283, 7284, 7285(a), 7286, 7291, 7292, 7296, 7297, and 7298. (2)(A) The heading of section 7286 is amended to read as follows: ``Sec. 7286. Judicial Conference of the Court''. (B) The heading of section 7291 is amended to read as follows: ``Sec. 7291. Date when Court decision becomes final''. (C) The heading of section 7298 is amended to read as follows: ``Sec. 7298. Retirement Fund''. (3) The table of sections at the beginning of chapter 72 is amended as follows: (A) The item relating to section 7286 is amended to read as follows: ``7286. Judicial Conference of the Court.''. (B) The item relating to section 7291 is amended to read as follows: ``7291. Date when Court decision becomes final.''. (C) The item relating to section 7298 is amended to read as follows: ``7298. Retirement Fund.''. (4)(A) The heading of chapter 72 is amended to read as follows: ``CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS''. (B) The item relating to chapter 72 in the table of chapters at the beginning of title 38 and the item relating to such chapter in the table of chapters at the beginning of part V are amended to read as follows: ``72. United States Court of Appeals for Veterans Claims.......7251.''. (b) Conforming Amendments to Other Laws.-- (1) The following provisions of law are amended by striking out ``Court of Veterans Appeals'' each place it appears and inserting in lieu thereof ``Court of Appeals for Veterans Claims'': (A) Section 8440d of title 5, United States Code. (B) Section 2412 of title 28, United States Code. (C) Section 906 of title 44, United States Code. (D) Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (2)(A) The heading of section 8440d of title 5, United States Code, is amended to read as follows: ``Sec. 8440d. Judges of the United States Court of Appeals for Veterans Claims''. (B) The item relating to such section in the table of sections at the beginning of chapter 84 of such title is amended to read as follows: ``8440d. Judges of the United States Court of Appeals for Veterans Claims.''. (c) Other Legal References.--Any reference in a law, regulation, document, paper, or other record of the United States to the United States Court of Veterans Appeals shall be deemed to be a reference to the United States Court of Appeals for Veterans Claims.

TABLE OF CONTENTS: Title I: Administrative Provisions Relating to the Court Title II: Staggered Retirement and Recall Provisions Title III: Renaming of Court Court of Veterans Appeals Act of 1988 - Title I: Administrative Provisions Relating to the Court - Authorizes the Court of Veterans Appeals (Court) to prescribe rules and regulations. Requires six months or more served as a Court judge to be credited toward years of service and less than six months to not be credited. Allows for a cost-of-living adjustment to the retired pay of a Court judge only up to an amount that would make such retired pay equal to the pay received by a current Court judge. Allows a Court judge to elect to participate in a survivor annuity within six months after marriage if such judge has retired. Reduces the percentage of pay reduction required of active judges as contributions toward retirement annuities. Prohibits interest payments on retirement pay deductions in the case of Court judges for any period during which such judges: (1) were separated from judicial service or service as a Member of Congress or congressional employee; and (2) were not receiving retired pay or annuities based on such service. Allows a survivor annuity to be paid to the survivors of a judge who dies after having rendered at least 18 months (currently five years) of creditable civilian service. Allows a survivor annuity without a creditable service requirement in the case of a judge who dies of an assassination. Repeals a current requirement that a surviving spouse be at least 50 years of age before receiving such annuity. Increases such annuities at the same time and by the same percentage by which annuities payable from the Judicial Survivors' Annuity Fund are increased. Exempts the Court of Veterans Appeals Retirement Fund from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Provides a forfeiture of retired pay rights and benefits in the case of any Court judge who, after retirement, represents a client in a claim relating to veterans' benefits. Title II: Staggered Retirement and Recall Provisions - Allows only one individual each year to retire as a Court judge in the years 1999 through 2003. Provides retirement requirements, including age and years of service. Requires a judge to: (1) notify the President and the Court's chief judge of the intent to retire; and (2) retire during the fiscal year in which notification is provided but not earlier than 90 days after such notification is provided. Makes a retired Court judge eligible for recall upon providing the chief judge with written notification. Allows the chief judge to recall such a judge to meet the needs of the Court. Title III: Renaming of Court - Renames the Court as the United States Court of Appeals for Veterans Claims.

Court of Veterans Appeals Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hold Accountable and Lend Transparency on Campus Sexual Violence Act'' or the ``HALT Campus Sexual Violence Act''. SEC. 2. DISCLOSURE OF ENFORCEMENT ACTIONS. (a) Disclosure of Program Reviews and Open Investigations.--The Department of Education Organization Act is amended-- (1) in section 203(b) (20 U.S.C. 3413(b)), by adding at the end the following new paragraphs: ``(3) The Assistant Secretary for Civil Rights shall make publicly available on the Department's website a list of institutions under investigation, the sanctions (if any) or findings issued pursuant to such investigations, and a copy of program reviews and resolution agreements entered into with the Secretary or Attorney General under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). ``(4) Not later than 30 days after the termination of the resolution agreements described in paragraph (3), the Assistant Secretary for Civil Rights shall transmit to the Secretary, the President, and the Congress, and make publicly available on the Department's website, the letter terminating the Department of Education's monitoring of such agreements.''; and (2) in section 205 (20 U.S.C. 3415), by adding at the end the following new subsection: ``(c) The Assistant Secretary for Postsecondary Education shall make publicly available on the Department's website a list of institutions under investigation, the sanctions (if any) or findings issued pursuant to such investigations, and a copy of program reviews and resolution agreements entered into with the Secretary or Attorney General under subsection 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)).''. (b) Inspector General.--Not later than January 1, 2016, the Inspector General of the Department of Education shall submit to Congress and make publicly available a report reviewing compliance with paragraphs (3) and (4) of section 203(b) of the Department of Education Organization Act (20 U.S.C. 3413(b)) and section 205(c) of such Act (20 U.S.C. 3415), as added by subsection (a). SEC. 3. AUTHORITY TO LEVY FINES. Section 203(c) of the Department of Education Organization Act (20 U.S.C. 3413) 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 new paragraph: ``(5) to impose a civil penalty to be paid by an institution of higher education that has violated a law under the jurisdiction of the Office for Civil Rights, the amount of which shall be determined by the gravity of the violation, and the imposition of which shall not preclude other remedies available under Federal law.''. SEC. 4. CLIMATE SURVEYS. Paragraph (1) of section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended by adding at the end the following new subparagraph: ``(K) Beginning October 1, 2017, statistics based upon a sexual violence climate survey conducted not later than April 1, 2016, and every 2 years thereafter-- ``(i) which is developed and approved by the Secretary, in consultation with the Director of the Centers for Disease Control of the Department of Health and Human Services and the Attorney General, except that the National Intimate Partner and Sexual Violence Survey developed by the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention may be used for purposes of this subparagraph until the sexual violence climate survey has been developed; and ``(ii) which assesses the occurrence on campus or in a noncampus building or property during the preceding calendar year for which data is available of-- ``(I) instances of domestic violence, dating violence, sexual assault, and stalking; ``(II) indicators of discrimination, and positive and negative trends for intimate relationships regardless of gender or sexual orientation; ``(III) the effectiveness of campus policies designed to improve relationships between students regardless of gender or sexual orientation; ``(IV) the effectiveness of current processes for complaints on and investigations into sex-based, race-based, national origin- based, sexual-orientation based, gender- identity based, and disability based harassment, assault, discrimination, domestic violence, dating violence, and stalking; ``(V) perpetration of domestic violence, dating violence, sexual assault, and stalking; and ``(VI) any other issues relating to sex- based, race-based, national origin-based, sexual-orientation based, gender-identity based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, and assault, as appropriate.''. SEC. 5. CREATION OF A PRIVATE RIGHT OF ACTION. Section 485(f)(14) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(14)) is amended to read as follows: ``(14)(A) Subject to subparagraph (C), an aggrieved individual may allege a violation of this subsection in a judicial proceeding. A court may award an aggrieved individual all appropriate relief, including equitable relief, compensatory damages, cost of the action, and remedial action. ``(B) This paragraph shall not be construed to preclude an aggrieved individual from obtaining other remedies under any other provision of law or to require such individual to exhaust any administrative complaint process or notice-of-claim requirement before seeking redress under this paragraph. ``(C) For actions brought pursuant to this paragraph, the statute of limitations period shall be determined in accordance with section 1658(a) of title 28, United States Code. The tolling of any such limitations period shall be determined in accordance with section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) in the forum State.''. SEC. 6. INCREASE OF CLERY ACT PENALTIES. Section 485(f)(13) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(13)) is amended-- (1) by striking ``in the same amount and''; and (2) by inserting before the period at the end the following: ``, expect that such section shall be applied by substituting `$100,000' for `$25,000'''. SEC. 7. NOTIFICATION OF POLICIES AIMED AT PREVENTION OF SEXUAL VIOLENCE. (a) In General.--Paragraph (8) of section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended by adding at the end the following new subparagraphs: ``(D) The statement of policy described in subparagraph (A) shall be-- ``(i) written using simple and understandable language and clear formatting; and ``(ii) made available and posted on the institution's public website, and in conspicuous places, including places in and around student housing, residence halls, student health centers, student recreation centers, the main student center on campus, and academic buildings where students congregate and are likely to see it. ``(E) The statement of policy described in subparagraph (A) shall be provided, on an annual basis, to each student group, student team, or student organization which is part of such institution, is recognized by the institution, or permitted by the institution to use its name or facilities or is known by the institution to act as an unaffiliated student group, student team, or student organization, and each institution of higher education described in subparagraph (A) shall ensure that each such group, team, or organization distributes a copy of such policy to each of its members as well as each of its applicants for membership, including plebes, pledges, or similar applicants. ``(F) An institution's compliance with subparagraph (E) with respect to an unaffiliated student group, student team, or student organization shall not constitute evidence of the institution's recognition or endorsement of such unaffiliated group, team, or organization.''. (b) Comptroller General Review.--Not later than August 1, 2017, the Comptroller General shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, and Labor of the Senate on-- (1) the implementation of section 485(f)(8) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(8)), as amended by subsection (a), including-- (A) the extent to which institutions of higher education have developed the statement of policy required under subparagraph (A) of such section; (B) how institutions of higher education are-- (i) distributing such statement of policy; and (ii) determining whether the policy is received and understood by students; and (C) the Secretary of Education's oversight of the compliance of institutions of higher education with respect to the statement of policy requirements under such section, including efforts, in consultation with the Attorney General, to provide technical assistance to institutions of higher education in complying with such requirements; and (2) any changes in the numbers of dating violence, domestic violence, sexual assault, or stalking incidents reported to campus security authorities or local police agencies as indicated by the annual security reports distributed under of section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)). SEC. 8. CAMPUS SEXUAL VIOLENCE TASK FORCE. (a) Campus Sexual Violence Task Force.--Not later than 180 days after the date of enactment of this Act, the Secretary of Education and the Attorney General shall create a joint interagency task force to be known as the ``Campus Sexual Violence Task Force'' that shall-- (1) provide pertinent information to the Secretary of Education, Attorney General, Congress, and the public with respect to campus sexual violence prevention, investigations, and responses, including the creation of a consistent, public complaint processes for violations of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)); (2) provide recommendations to institutions of higher education for establishing sexual assault prevention and response teams; (3) develop recommendations for institutions of higher education on providing survivor resources, including healthcare, rape kits, sexual assault nurse examiners, and access to confidential advocacy and support services; (4) develop recommendations for best practices for responses and prevention with respect to sexual violence for educational institutions, taking into consideration an institution's size and resources; (5) solicit input from survivors, advocates from national, State, and local anti-sexual violence advocacy organizations, institutions of higher education, and other public stakeholders; (6) assess the Department of Education's ability under section 902 of the Education Amendments of 1972 (20 U.S.C. 1682) to levy intermediate fines for noncompliance with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the advisability of additional remedies for such noncompliance, in addition to the remedies already available under Federal law; and (7) create a plan described in subsection (c). (b) Personnel Details.-- (1) Authority to detail.--Notwithstanding any other provision of law, the head of an element of any Federal agency is that is funded under the Violence Against Women Act of 1994 (42 U.S.C. 13925 et seq.) may detail an officer or employee of such element to the Campus Sexual Violence Task Force or to the Secretary of Education to assist the Task Force with the duties described in subsection (a), as jointly agreed to by the head of such element and the Task Force. (2) Basis for detail.--A personnel detail made under paragraph (1) may be made-- (A) for a period of not more than 3 years; and (B) on a reimbursable or nonreimbursable basis. (c) Additional Plan.--Not later than 270 days after the date of enactment of this Act, the Campus Sexual Violence Task Force shall submit to Congress a plan for recruiting, retaining, and training a highly-qualified workforce employed by the Department of Education to carry out investigation of complaints alleging a violation of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)), and enforcement of such title IX (20 U.S.C. 1681 et seq.) or such section 485(f) (20 U.S.C. 1092(f)), with respect to campus sexual violence. Such plan shall include-- (1) an assessment of the capabilities of the current workforce carrying out such investigation and enforcement; (2) an examination of issues of recruiting, retention, and the professional development of such workforce, including the possibility of providing retention bonuses or other forms of compensation for the purpose of ensuring the Department of Education has the capacity, in both personnel and skills, needed to properly perform its mission and provide adequate oversight of educational institutions; (3) an assessment of the benefits of outreach and training with both law enforcement agencies and institutions of higher education with respect to such workforce; (4) developing best practices for interviewing and investigating sexual violence, including guidance on evidentiary standards for administrative responses; (5) an examination of best practices for making institutions of higher education aware of the most effective campus sexual violence prevention, investigation, and response practices and identifying areas where more research should be conducted; and (6) strategies for addressing such other matters as the Secretary of Education considers necessary to campus sexual violence prevention, investigation, and responses. (d) Annual Report.--The Campus Sexual Violence Task Force shall report to Congress on an annual basis, and make publicly available, a report of its activities and any update of the plan required under subsection (c), including the number of complaints received regarding sexual violence (including violence on the basis of sexual orientation and gender identity), the number of open investigations, the average time to complete an investigation, the number of investigations initiated based on complaints, and the number of investigations initiated by the Department of Education. (e) Authorization of Appropriations.-- (1) Title ix of the education amendments of 1972.--There are authorized to be appropriated for training, hiring, and retaining a workforce exclusively dedicated to investigation and enforcement of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) provisions with respect to sexual violence, for fiscal year 2016 and each of the 4 succeeding fiscal years, an amount that is equal to the sum of the amounts appropriated for such purpose for fiscal year 2015 plus $5,000,000. (2) Section 485(f) of the higher education act of 1965.-- There are authorized to be appropriated for training, hiring, and retaining a workforce exclusively dedicated to investigation and enforcement of section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)), for fiscal year 2016 and each of the 4 succeeding fiscal years, an amount that is equal to the sum of the amounts appropriated for such purpose for fiscal year 2015 plus $5,000,000. (f) Definitions.--In this section: (1) The term ``educational institution'' includes an institution of higher education, an elementary school, or a secondary school. (2) The terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (4) The term ``sexual assault'' has the meaning of an offense that meets the definition of rape, fondling, incest, or statutory rape under-- (A) the Uniform Crime Report of the Federal Bureau of Investigation; and (B) the final regulations published by the Department of Education in the Federal Register on October 20, 2014 for Appendix A of subpart D of part 668, Code of Federal Regulations (79 Fed. Reg. 62752). SEC. 9. CONFORMING AMENDMENTS. Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) in paragraph (1)(F)(i)(II), by striking ``sex offenses, forcible or nonforcible'' and inserting ``sexual assault''; and (2) by amending paragraph (6)(A)(v) to read as follows: ``(v) The term `sexual assault' has the meaning of an offense that meets the definition of rape, fondling, incest, or statutory rape under-- ``(I) the Uniform Crime Report of the Federal Bureau of Investigation; and ``(II) the final regulations published by the Department of Education in the Federal Register on October 20, 2014, for Appendix A of subpart D of part 668, Code of Federal Regulations (79 Fed. Reg. 62752).''.

Hold Accountable and Lend Transparency on Campus Sexual Violence Act or the HALT Campus Sexual Violence Act This bill amends the Department of Education Organization Act to require the Department of Education (ED) to make publicly available on its website: a list of the institutions of higher education (IHEs) under investigation, sanctions or investigation findings, and a copy of program reviews and resolution agreements entered into with ED or the Department of Justice (DOJ), under title IX of the Education Amendments of 1972 (Title IX) or title IV of the Civil Rights Act of 1964; the letter terminating the ED's monitoring of such agreements; and a list of the IHEs under investigation, and a copy of the program reviews, sanctions or investigation findings, and resolution agreements entered into with ED or DOJ, under the provisions of the Higher Education Act of 1965 known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). ED may impose a civil penalty on an IHE that has violated a law under the jurisdiction of its Office for Civil Rights. The bill amends the Clery Act to direct ED to develop a biennial sexual violence climate survey and include statistics from such survey in the annual campus security report provided to current and prospective students and employees. An individual may allege a violation of the Clery Act in a judicial proceeding. The maximum penalty for substantially misrepresenting the number, location, or nature of the crimes required to be reported under the Clery Act is increased. The IHE's annual statement of its policy regarding domestic violence, dating violence, sexual assault, and stalking must: use simple and understandable language and clear formatting; be made available and posted on its public website and in conspicuous places in and around student housing and other campus buildings; be provided to each student group, team, or organization that has a specified connection to the IHE or is known by the IHE to act on an unaffiliated basis; and ensure that each of those groups distributes a copy of such policy to each of its members or applicants for membership. ED and DOJ are directed to create a joint interagency Campus Sexual Violence Task Force.

HALT Campus Sexual Violence Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Treatment for HIV Act of 2001''. SEC. 2. OPTIONAL MEDICAID COVERAGE OF LOW-INCOME HIV-INFECTED INDIVIDUALS. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a), as amended by section 2(a) of the Breast and Cervical Cancer Prevention and Treatment Act of 2000 (Public Law 106-354; 114 Stat. 1381) and section 702(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is amended-- (1) in subsection (a)(10)(A)(ii)-- (A) by striking ``or'' at the end of subclause (XVII); (B) by adding ``or'' at the end of subclause (XVIII); and (C) by adding at the end the following new subclause: ``(XIX) who are described in subsection (cc) (relating to HIV- infected individuals);''; and (2) by adding at the end the following new subsection: ``(cc) HIV-infected individuals described in this subsection are individuals-- ``(1) who have HIV infection; ``(2) whose income (as determined under the State plan under this title with respect to disabled individuals) does not exceed an amount (if any) specified by the State that is not less than the higher of (A) the maximum amount of income a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan, or (B) in the case of a State that provides State supplementary payments, the maximum amount of income that an individual in the State may have and be eligible for such a State supplementary payment; and ``(3) whose resources (as determined under the State plan under this title with respect to disabled individuals) do not exceed the maximum amount of resources a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan.''. (b) Application of Presumptive Eligibility.--Title XIX of the Social Security Act is amended by inserting after section 1920B the following: ``presumptive eligibility for low-income individuals infected with hiv ``Sec. 1920C. (a) State Option.--A State plan approved under section 1902 may provide for making medical assistance available to an individual described in section 1902(cc) (relating to low-income individuals infected with HIV) during a presumptive eligibility period. ``(b) Application of Same Rules.--The provisions of subsections (b) through (d) of section 1920B shall apply to individuals described in subsection (a) and section 1902(cc) in the same manner as they apply to individuals described in section 1920B(a) and section 1902(aa), respectively.''. (c) Exemption From Funding Limitation for Territories.--Section 1108(g) of such Act (42 U.S.C. 1308(g)) is amended by adding at the end the following new paragraph: ``(3) Disregarding medical assistance for optional low- income hiv-infected individuals.--The limitations under subsection (f) and the previous provisions of this subsection shall not apply to amounts expended for medical assistance for individuals described in section 1902(cc) who are only eligible for such assistance on the basis of section 1902(a)(10)(A)(ii)(XIX).''. (d) Conforming and Technical Amendments.-- (1) Section 1905(a) of such Act (42 U.S.C. 1396d(a)), as amended by section 2(a)(4) of the Breast and Cervical Cancer Prevention and Treatment Act of 2000 (Public Law 106-354; 114 Stat. 1381), is amended, in the matter before paragraph (1)-- (A) by striking ``or'' at the end of clause (xi), (B) by adding ``or'' at the end of clause (xii), and (C) by inserting after clause (xiii) the following new clause: ``(xiv) individuals described in section 1902(cc);''. (2) Section 1903(f)(4) of the Social Security Act (42 U.S.C. 1396b(f)(4)), as amended by section 710(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (113 Stat. 2763A-578), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by inserting ``1902(a)(10)(A)(ii)(XIX),'' after ``1902(a)(10)(A)(ii)(XVIII),''. (3)(A) Section 1902 of the Social Security Act (42 U.S.C. 1396a), as amended by section 702(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (113 Stat. 2763A-572), as so enacted into law, is amended by redesignating the subsection (aa) added by such section as subsection (bb). (B) Section 1902(a)(15) of the Social Security Act (42 U.S.C. 1396a(a)(15)), as added by section 702(a)(2) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (113 Stat. 2763A-572), as so enacted into law, is amended by striking ``subsection (aa)'' and inserting ``subsection (bb)''. (C) Section 1915(b) of the Social Security Act (42 U.S.C. 1396n(b)), as amended by section 702(c)(2) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (113 Stat. 2763A-572), as so enacted into law, is amended by striking ``1902(aa)'' and inserting ``1902(bb)''. (e) Effective Date.--The amendments made by this section shall apply to calendar quarters beginning on or after the date of the enactment of this Act, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.

Early Treatment for HIV Act of 2001 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of providing Medicaid coverage for certain low-income HIV-infected individuals.

To amend title XIX of the Social Security Act to permit States the option to provide Medicaid coverage for low-income individuals infected with HIV.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recapture Excess Profits and Invest in Relief (REPAIR) Act of 2005''. SEC. 2. TEMPORARY WINDFALL PROFITS TAX. (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 56--TEMPORARY WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; etc. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any applicable taxpayer an excise tax in an amount equal to 50 percent of the windfall profit of such taxpayer for any taxable year beginning during 2005 or 2006. ``(b) Applicable Taxpayer.--For purposes of this chapter, the term `applicable taxpayer' means, with respect to operations in the United States-- ``(1) any integrated oil company (as defined in section 291(b)(4)), and ``(2) any other producer or refiner of crude oil with gross receipts from the sale of such crude oil or refined oil products for the taxable year exceeding $100,000,000. ``SEC. 5897. WINDFALL PROFIT; ETC. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the adjusted taxable income of the applicable taxpayer for the taxable year over the reasonably inflated average profit for such taxable year. ``(b) Adjusted Taxable Income.--For purposes of this chapter, with respect to any applicable taxpayer, the adjusted taxable income for any taxable year is equal to the taxable income for such taxable year (within the meaning of section 63 and determined without regard to this subsection)-- ``(1) increased by any interest expense deduction, charitable contribution deduction, and any net operating loss deduction carried forward from any prior taxable year, and ``(2) reduced by any interest income, dividend income, and net operating losses to the extent such losses exceed taxable income for the taxable year. In the case of any applicable taxpayer which is a foreign corporation, the adjusted taxable income shall be determined with respect to such income which is effectively connected with the conduct of a trade or business in the United States. ``(c) Reasonably Inflated Average Profit.--For purposes of this chapter, with respect to any applicable taxpayer, the reasonably inflated average profit for any taxable year is an amount equal to the average of the adjusted taxable income of such taxpayer for taxable years beginning during the 2000-2004 taxable year period (determined without regard to the taxable year with the highest adjusted taxable income in such period) plus 10 percent of such average. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Crude Oil.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(e) Businesses Under Common Control.--For purposes of this chapter, all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Temporary Windfall Profit on Crude Oil.''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Hurricane Relief Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. HURRICANE RELIEF TRUST FUND. ``(a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the `Hurricane Relief Trust Fund', consisting of such amounts as may be appropriated or credited to such Fund as provided in this section or section 9602(b). ``(b) Transfers to Fund.--There are hereby appropriated to the Hurricane Relief Trust Fund amounts equivalent to the taxes received in the Treasury under section 5896. ``(c) Expenditures.--Amounts in the Hurricane Relief Trust Fund shall be available, without further appropriation, to offset the supplemental spending bills that are targeted to aid victims of Hurricanes Katrina and Rita enacted after the date of the enactment of this section and before January 1, 2008. Any funds that have not been expended by December 31, 2008, shall be credited back to the General Fund as regular tax receipts.''. (2) Clerical amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9511. Hurricane Relief Trust Fund.''. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning in 2005 and 2006. (2) Subsection (c).--The amendments made by subsection (d) shall take effect on the date of the enactment of this Act.

Recapture Excess Profits and Invest in Relief (REPAIR) Act of 2005 - Amends the Internal Revenue Code to: (1) impose on certain oil companies, for taxable years beginning in 2005 or 2006, an excise tax on 50 percent of their windfall profit from the sale of crude oil; (2) allow a tax deduction for the payment of such windfall profit tax; and (3) establish in the Treasury the Hurricane Relief Trust Fund to which windfall tax revenues will be paid to offset the cost of supplemental spending legislation enacted to aid Hurricane Katrina and Rita victims.

A bill to amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil and to use the proceeds of the tax collected to offset the cost of supplemental spending bills that are targeted to aid victims of Hurricane Katrina and Rita, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Outdoor Lighting Efficiency Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Of all the electricity generated in the United States, 4.4 percent is consumed for outdoor lighting. (2) Outdoor lighting represents approximately 20 percent of all electricity consumed for lighting purposes in the United States. (3) Efficient outdoor lighting technologies provide light quality equal or superior to other technologies in common use today. (4) Efficient outdoor lighting technologies often have longer product lifetimes than other technologies in common use today. (5) The use of efficient outdoor lighting technologies will substantially reduce waste and emissions from power generation, and reduce the cost of electricity used in certain commercial and government applications, such as lighting the Nation's roadways and parking lots. SEC. 3. DEFINITIONS. (a) Section 340(1) of the Energy Policy and Conservation Act (42 U.S.C. 6311(1)) is amended by striking subparagraph (L) and inserting the following: ``(L) Outdoor luminares. ``(M) Outdoor high light output lamps. ``(N) Any other type of industrial equipment which the Secretary classifies as covered equipment under section 341(b).''. (b) Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended as adding at the end the following: ``(25) The term `luminaire' means a complete lighting unit consisting of a lamp or lamps, together with parts designed to distribute the light, to position and protect such lamps, and to connect such lamps to the power supply. ``(26) The term `outdoor luminaire' means a luminaire that is listed as suitable for wet locations pursuant to Underwriters Laboratories Inc. standard UL 1598 and is labeled as `Suitable for Wet Locations' consistent with section 410.4(A) of the National Electrical Code 2005, except for-- ``(A) luminaires designed solely for signs that cannot be used in general lighting applications; ``(B) portable luminaires designed for use at theatrical and television performance areas and construction sites; ``(C) luminaires designed for continuous immersion in swimming pools and other water features; ``(D) seasonal luminaires incorporating solely individual lamps rated at 10 watts or less; ``(E) luminaires designed solely to be used in emergency conditions; ``(F) landscape luminaries, with an integrated photoelectric switch or programmable time switch, with a nominal voltage of 15 volts or less; and ``(G) components used for repair of installed luminaries. ``(27) The term `outdoor high light output lamp' means a lamp that-- ``(A) has a rated lumen output not less than 2601 lumens and not greater than 35,000 lumens; ``(B) is capable of being operated at a voltage not less than 110 volts and not greater than 300 volts, or driven at a constant current of 6.6 amperes; and ``(C) is not a Parabolic Aluminized Reflector lamp. ``(28) The term `outdoor lighting control' means a device incorporated in a luminaire that receives a signal, from either a sensor (such as an occupancy sensor, motion sensor, or daylight sensor) or an input signal (including analog or digital signals communicated through wired or wireless technology), and can adjust the light level according to the signal.''. SEC. 4. STANDARDS. Section 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at the end the following: ``(g) Outdoor Luminaires.-- ``(1) Each outdoor luminaire manufactured on or after January 1, 2011, shall have-- ``(A) a lighting efficiency of at least 50 lumens per watt; and ``(B) a lumen maintenance, calculated as mean rated lumens divided by initial lumens, of at least 0.6. ``(2) Each outdoor luminaire manufactured on or after January 1, 2013, shall have-- ``(A) a lighting efficiency of at least 70 lumens per watt; and ``(B) a lumen maintenance, calculated as mean rated lumens divided by initial lumens, of at least 0.6. ``(3) Each outdoor luminaire manufactured on or after January 1, 2015, shall have-- ``(A) a lighting efficiency of at least 80 lumens per watt; and ``(B) a lumen maintenance, calculated as mean rated lumens divided by initial lumens, of at least 0.65. ``(4) In addition to the requirements of paragraphs (1) through (3), each outdoor luminaire manufactured on or after January 1, 2011, shall have the capability of producing at least two different light levels, including 100 percent and 60 percent of full lamp output. ``(5)(A) Not later than January 1, 2017, the Secretary shall issue a final rule amending the applicable standards established in paragraphs (3) and (4) if technologically feasible and economically justified. Such a final rule shall be effective no later than January 1, 2020. ``(B) A final rule issued under subparagraph (A) shall establish efficiency standards at the maximum level that is technically feasible and economically justified, as provided in subsections (o) and (p) of section 325. The Secretary may also, in such rulemaking, amend or discontinue the product exclusions listed in section 340(23)(A) through (G), or amend the lumen maintenance requirements in paragraph (3) if he determines that such amendments are consistent with the purposes of this Act. ``(C) If the Secretary issues a final rule under subparagraph (A) establishing amended standards, the final rule shall provide that the amended standards apply to products manufactured on or after January 1, 2020, or one year after the date on which the final amended standard is published, whichever is later. ``(h) Outdoor High Light Output Lamps.--Each outdoor high light output lamp manufactured on or after January 1, 2012, shall have a lighting efficiency of at least 45 lumens per watt.''. SEC. 5. TEST PROCEDURES. Section 343(a) of the Energy Policy and Conservation Act (42 U.S.C. 6314(a)) is amended by adding at the end the following: ``(10) Outdoor lighting.-- ``(A) With respect to outdoor luminaries and outdoor high light output lamps, the test procedures shall be based upon the test procedures specified in Illuminating Engineering Society procedure LM-79 as of March 1, 2009, and/or other appropriate consensus test procedures developed by the Illuminating Engineering Society or other appropriate consensus standards bodies. ``(B) If Illuminating Engineering Society procedure LM-79 is amended, the Secretary shall amend the test procedures established in subparagraph (A) as necessary to be consistent with the amended LM-79 test procedure, unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraph (2). ``(C) The Secretary may revise the test procedures for outdoor luminaries or outdoor high light output lamps by rule consistent with paragraph (2), and may incorporate as appropriate consensus test procedures developed by the Illuminating Engineering Society or other appropriate consensus standards bodies.''. SEC. 6. PREEMPTION. Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316) is amended by adding at the end the following: ``(i)(1) Except as provided in paragraph (2), section 327 shall apply to outdoor luminaries to the same extent and in the same manner as the section applies under part B. ``(2) Any State standard that is adopted on or before January 1, 2015, pursuant to a statutory requirement to adopt efficiency standards for reducing outdoor lighting energy use enacted prior to January, 31, 2008, shall not be preempted.''.

Outdoor Lighting Efficiency Act - Amends the Energy Policy and Conservation Act to include as "covered equipment" outdoor luminares and outdoor high light output lamps, as defined in this Act. Specifies the lighting efficiency, lumen maintenance, and light level production capability required for each outdoor luminare manufactured on or after January 1 of 2011, 2013, and 2015. Requires the Secretary of Energy (DOE), by January 1, 2017, to issue a final rule amending such efficiency standards to establish standards at the maximum level that is technically feasible and economically justified. Requires each outdoor high light output lamp manufactured on or after January 1, 2012, to have a lighting efficiency of at least 45 lumens per watt. Sets forth provisions governing energy efficiency test procedures for such luminares and lamps. Provides that state standards that are adopted on or before January 1, 2015, pursuant to a requirement to adopt efficiency standards for reducing outdoor lighting energy use enacted prior to January 31, 2008, shall not be preempted.

To amend the Energy Policy and Conservation Act to provide for standards for energy efficient outdoor lighting.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Right To Know Act''. SEC. 2. MATERIAL TO BE INCLUDED IN ANNUAL REPORT OF TRUSTEES. Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is amended-- (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (2) by striking ``paragraph (2)'' and inserting ``subparagraph (B)''; (3) by inserting ``(1)'' after ``(c)''; (4) by redesignating the undesignated text following subparagraph (E) (as redesignated by paragraph (1) of this section) as paragraph (2); (5) by moving the last sentence of paragraph (2) (as redesignated by paragraph (4) of this section) so that it follows the fifth sentence of paragraph (1) (as redesignated by paragraph (3) of this section); (6)(A) by moving the text of the fifth sentence of paragraph (2) (as redesignated by paragraph (4) of this section) beginning with ``be printed as a House document'' and ending with ``the report is made'' so that it follows ``shall'' in the first sentence of paragraph (2) (as redesignated by paragraph (4) of this section); (B) by striking the remainder of the fifth sentence of paragraph (2) (as redesignated by paragraph (4) of this section); and (C) by inserting ``and'' after the text so moved; (7) in the fourth sentence of paragraph (2) (as redesignated by paragraph (4) of this section), by striking ``Such report shall also include an'' and inserting the following: ``(C) An''; (8) in the third sentence of paragraph (2) (as redesignated by paragraph (4) of this section), by striking ``Such report shall include an'' and inserting the following: ``(B) An''; (9) in the first sentence of paragraph (2) (as redesignated by paragraph (4) of this section)-- (A) by striking ``(2) above'' after ``paragraph'' and inserting ``(1)(B)''; and (B) by striking ``shall include a statement'' and inserting ``shall include the following: ``(A) A statement''; (10) by inserting after subparagraph (C) (as redesignated by paragraph (7) of this section) the following: ``(D) A statement, in terms of inflation-adjusted dollars, present discounted value, and nominal dollars, of-- ``(i) the aggregate amount of the unfunded long- term projected liability of the social security system and any change in that amount from the preceding year; and ``(ii) the amount of deficit or surplus that the social security system will run in the last year of such long-term projection period, with any aggregate assets or liabilities held by the Trust Funds in that final projected year. ``(E) The economic model and relevant data used to make the financial projections required to be reported under this paragraph, including any changes in the model and data from the preceding year. ``(F) A conspicuous summary of the items required by clauses (i) and (ii) of subparagraph (D), in terms of inflation-adjusted dollars. ``(G) An explanation that states in substance that the Trust Funds balances reflect resources authorized by Congress to pay future social security benefits, but do not consist of real economic assets that can be used in the future to fund benefits, and that such balances are claims against the United States Treasury that, when redeemed, must be financed through increased taxes, public borrowing, benefit reduction, or elimination of other Federal expenditures.''. SEC. 3. MATERIAL TO BE INCLUDED IN SOCIAL SECURITY ACCOUNT STATEMENT. Section 1143(a) of the Social Security Act (42 U.S.C. 1320b-13(a)) is amended-- (1) in paragraph (2)(C) by striking ``and''; (2) in paragraph (2)(D) by striking the period and inserting ``; and''; (3) in paragraph (2), by adding at the end the following new subparagraph: ``(E)(i) as determined by the Chief Actuary of the Social Security Administration-- ``(I) a comparison of the annual social security tax inflows (including amounts appropriated under subsections (a) and (b) of section 201 of this Act and section 121(e) of the Social Security Amendments of 1983 (26 U.S.C. 401 note)) to the amount paid in benefits annually; and ``(II) a statement whether the ratio described in subclause (I) will result in a cash flow deficit and what year any such deficit will commence, as well as the first year in which funds in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will cease to be sufficient to cover any such deficit and the percentage of benefits due at that time that could be paid from the annual social security tax inflows (as that term is used in subclause (I)); ``(ii) the explanation required by section 201(c)(2)(G); and ``(iii) an explanation, in simple and easily understood terms, of the average rate of return that a taxpayer can expect to receive on old-age insurance benefits as compared to the total amount of social security taxes a taxpayer expects to pay, including the inflation-adjusted average rate of return for workers born in every year beginning with 1900, set out in chart or graph form, with an explanatory caption or legend, as determined by the Chief Actuary of the Social Security Administration.''. SEC. 4. USE OF CONTINUOUS WORK HISTORY SAMPLE FOR STATISTICAL RESEARCH. (a) Data To Be Made Available.--Notwithstanding any other provision of law, the Social Security Administration shall make available to the public the Continuous Work History Sample (referred to in this section as the ``CWHS'') data administered by such Administration subject to the restrictions provided for in subsections (b) and (c). (b) Limitations on Release of Data.--The Office of Research and Statistics of the Social Security Administration shall make statistical samples of individual records from the CWHS available to a user if the user-- (1) agrees to make use of the data from the CWHS solely for the purpose of conducting statistical research activities; (2) agrees in writing to such conditions as may be reasonably determined by the Commissioner of the Social Security Administration to be necessary to ensure that data from the CWHS is not made available in individually identifiable form; and (3) fully reimburses the Office of Research and Statistics for the cost of supplying the data. (c) No Personally Identifiable Information.--To protect privacy, the Office of Research and Statistics of the Social Security Administration shall remove all identifiers which can link CWHS records to the identity of an individual respondent prior to the release of the data. (d) Definitions.--In this section-- (1) the term ``Continuous Work History Sample'' means the statistical sample of individual administrative records held by the Social Security Administration; and (2) the term ``user'' means any individual or legal entity, including an employee of the Federal Government, who receives access to the Continuous Work History Sample.

Requires social security account statements to contain: (1) a comparison of the annual social security tax inflows to the amount paid in benefits annually and a statement whether the ratio will result in a cash flow deficit and what year such deficit will commence as well as the first year in which funds in the Trust Funds will cease to be sufficient to cover the deficit and the percentage of benefits due at that time that could be paid from annual tax inflows; and (2) an explanation of the average rate of return that a taxpayer can expect to receive on old- age insurance benefits as compared to the total amount of social security taxes a taxpayer expects to pay. Makes Social Security Administration Continuous Work History Sample data publicly available for statistical research purposes subject to certain limitations.

Social Security Right To Know Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Audit the Pentagon Act of 2015''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To strengthen American national security by ensuring that-- (A) military planning, operations, weapons development, and a long-term national security strategy are connected to sound financial controls; and (B) defense dollars are spent efficiently. (2) To instill a culture of accountability at the Department of Defense that supports the vast majority of dedicated members of the Armed Forces and civilians who want to ensure proper accounting and prevent waste, fraud, and abuse. SEC. 3. FINDINGS. Congress finds the following: (1) The 2013 Financial Report of the United States Government found that, of major agencies, only the Department of Defense had a ``disclaimer'' because it lacked any auditable reporting or accounting available for independent review. In the Financial Report, the Treasury Department summarized: ``Since the passage of the CFO Act of 1990, the federal financial community has made important strides in instilling strong accounting and financial reporting practices. In 2014, 23 of the 24 CFO Act agencies obtained an opinion from the independent auditors on their financial statements. Out of the 24 major `CFO Act' agencies, there were 22 clean opinions, 1 qualified opinion, and only one remaining disclaimer in FY 2013. . . . However, weaknesses in basic financial management practices and other limitations continue to prevent one major agency, and the Government as a whole, from achieving an audit opinion.''. (2) The financial management of the Department of Defense has been on the ``High-Risk'' list of the Government Accountability Office (GAO). The GAO found that the Department is not consistently able to ``control costs; ensure basic accountability; anticipate future costs and claims on the budget; measure performance; maintain funds control; and prevent and detect fraud, waste, and abuse''. (3) At a September 2010 hearing of the Senate, the Government Accountability Office stated that past expenditures by the Department of Defense of $5,800,000,000 to improve financial information, and billions of dollars more of anticipated expenditures on new information technology systems for that purpose, may not suffice to achieve full audit readiness of the financial statement of the Department. (4) Section 9 of article 1 of the Constitution of the United States requires all agencies of the Federal Government, including the Department of Defense, to publish ``a regular statement and account of the receipts and expenditures of all public money''. (5) Section 303(d) of the Chief Financial Officers Act of 1990 (Public Law 101-576) required that financial statements be prepared and independently audited for the Department of the Army by March 31, 1992, and for the Department of the Air Force by March 31, 1993. Neither the Department of the Army nor the Department of the Air Force has complied. (6) Section 3515 of title 31, United States Code, requires the agencies of the Federal Government, including the Department of Defense, to present auditable financial statements beginning not later than March 1, 1997. The Department has not complied with this law. (7) The Federal Financial Management Improvement Act of 1996 (31 U.S.C. 3512 note) requires financial systems acquired by the Federal Government, including the Department of Defense, to be able to provide information to leaders to manage and control the cost of government. The Department has not complied with this law. (8) In 2005, the Department of Defense created a Financial Improvement and Audit Readiness (FIAR) Plan, overseen by a directorate within the office of the Under Secretary of Defense (Comptroller), to improve Department business processes with the goal of producing timely, reliable, and accurate financial information that could generate an audit-ready annual financial statement. In December 2005, that directorate, known as the FIAR Directorate, issued the first of a series of semiannual reports on the status of the Financial Improvement and Audit Readiness Plan. (9) Secretary of Defense Robert M. Gates said in a speech on May 24, 2011: ``The current apparatus for managing people and money across the DoD enterprise is woefully inadequate. The agencies, field activities, joint headquarters, and support staff functions of the department operate as a semi-feudal system--an amalgam of fiefdoms without centralized mechanisms to allocate resources, track expenditures, and measure results relative to the department's overall priorities.''. (10) The accounting problems of the Department of Defense result in widespread errors in pay that can be difficult to correct. Such payroll errors can impose hardship on members of the Armed Forces and their families. SEC. 4. SPENDING REDUCTIONS FOR AGENCIES WITHOUT CLEAN AUDITS. (a) Applicability.-- (1) In general.--Subject to paragraph (2), this section applies to each Federal agency identified by the Director of the Office of Management and Budget as required to have an audited financial statement under section 3515 of title 31, United States Code. (2) Applicability to military departments and defense agencies.--For purposes of paragraph (1), in the case of the Department of Defense, each military department and each Defense Agency shall be treated as a separate Federal agency. (b) Definitions.--In this section, the terms ``financial statement'' and ``external independent auditor'' have the same meanings as those terms have under section 3521(e) of title 31, United States Code. (c) Adjustments for Financial Accountability.-- (1) On March 2 of fiscal year 2016 and each subsequent fiscal year, the discretionary budget authority available for each Federal agency for such fiscal year is adjusted as provided in paragraph (2). (2) If a Federal agency has not submitted a financial statement for the previous fiscal year, or if such financial statement has not received either an unqualified or a qualified audit opinion by an independent external auditor, the discretionary budget authority available for the Federal agency is reduced by .5 percent, with the reduction applied proportionately to each account (other than an account listed in subsection (d) or an account for which a waiver is made under subsection (e)). (3) Consistent with applicable laws, the Secretary of Defense may make any reduction under paragraph (2) in a manner that minimizes any effect on national security. (4) An amount equal to the total amount of any reduction under paragraph (2) shall be retained in the general fund of the Treasury for the purposes of deficit reduction. (d) Accounts Excluded.--The following accounts are excluded from any reductions referred to in subsection (c)(2): (1) Military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense. (2) The Defense Health Program account of the Department of Defense. (e) Waiver.--The President may waive subsection (c)(2) with respect to an account if the President certifies that applying the subsection to that account would harm national security or members of the Armed Forces who are in combat. (f) Report.--Not later than 60 days after an adjustment under subsection (c), the Director of the Office of Management and Budget shall submit to Congress a report describing the amount and account of each adjustment. SEC. 5. REPORT ON DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS. Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller) shall submit to Congress a report setting forth a list of each report of the Department required by law to be submitted to Congress which, in the opinion of the Under Secretary, interferes with the capacity of the Department to achieve an audit of the financial statements of the Department with an unqualified opinion. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that-- (1) as the overall defense budget is cut, congressional defense committees and the Department of Defense should not endanger the Nation's troops by reducing wounded warrior accounts or vital protection (such as body armor) for members of the Armed Forces in harm's way; (2) the valuation of legacy assets by the Department of Defense should be simplified without compromising essential controls or generally accepted government auditing standards; and (3) nothing in this Act should be construed to require or permit the declassification of accounting details about classified defense programs, and, as required by law, the Department of Defense should ensure financial accountability in such programs using proven practices, including using auditors with security clearances.

Audit the Pentagon Act of 2015 This bill reduces discretionary spending by 0.5% for federal agencies that have either not submitted a financial statement for a fiscal year or have submitted a financial statement that has not received an unqualified or a qualified audit opinion by an independent external auditor. The bill excludes specified Department of Defense (DOD) accounts for personnel and the Defense Health Program from the reductions. The President may waive the reductions for any account by certifying that the cuts would harm national security or members of the Armed Forces who are in combat. The bill establishes reporting requirements for the Office of Management and Budget and DOD.

Audit the Pentagon Act of 2015

SECTION 1. FINDINGS. Congress makes the following findings: (1) The premature exhaustion of telephone area codes causes economic dislocation for businesses and unnecessary inconvenience for households. (2) The Telecommunications Act of 1996 (Public Law 104-104) was enacted with the objective of facilitating the development of competitive markets in telecommunications services. The efficient allocation of telephone numbers would further the achievement of that objective. (3) The technology and procedures for the efficient allocation of telephone numbers are currently in place in many areas and are in the process of being implemented nationwide. (4) The combination of rapid growth in competition for telecommunication services and the inefficient allocation of numbering resources devoted to such services will result in the creation of scores of new telephone area codes, almost all of which will become wholly unnecessary once procedures for the efficient allocation of telephone numbers are in place. (5) The potential exhaustion of available area codes within the North American Numbering Plan (``NANP'') would require that 1 or more digits be added to all telephone numbers in the United States, creating massive disruptions and costs for all consumers, businesses, institutions, and governments comparable to the ``Year 2000'' computer problem, except that, unlike the ``Year 2000'' problem, the potential for area code exhaustion is entirely avoidable if efficient and effective number conservation measures are adopted and implemented without undue delay. (6) State regulatory authorities have the interest and capability to tailor mechanisms to conserve telephone numbers to the needs of the telecommunications markets. (7) Mechanisms for the conservation of telephone numbers can be implemented without impeding competition for telecommunications services. SEC. 2. EFFICIENT ALLOCATION OF TELEPHONE NUMBERS. (a) Plan.--Not later than December 31, 2000, the Federal Communications Commission shall develop and implement a plan for the efficient allocation of telephone numbers. (b) Elements.--The plan under subsection (a) shall-- (1) include mechanisms to ensure full portability of telephone numbers among services and service providers within individual rating areas, and establish rules applicable to service providers not subject to or otherwise not in compliance with such number portability requirements, including the segregation of services furnished by such service providers into separate area codes or service access codes, for the purpose of maximizing the effectiveness of number conservation measures requiring number portability within the area codes in which such measures are to be implemented; (2) provide for full sharing of unassigned telephone numbers among telecommunications carriers; (3) take into account any telecommunications technology widely available as of December 31, 2000, that requires a telephone number; and (4) consider and take steps to minimize the total societal costs and impacts of the plan for the efficient allocation of telephone numbers and any specific number relief or conservation measures that may arise therefrom. (c) Delegation of Numbering Jurisdiction.--Until the Commission has fully implemented the plan required by subsection (a), the Commission shall, upon the request of a State commission, delegate to the State commission the jurisdiction of the Commission over telecommunications numbering with respect to the State under section 251(e)(1) of the Communications Act of 1934 (47 U.S.C. 251(e)(1)) to the extent that such delegation will permit the State commission to implement measures to conserve telephone numbers, including measures as follows: (1) To establish minimum use and so-called ``fill'' rate requirements for central office codes. (2) To conduct audits of the use of telephone numbers and central office codes. (3) To require telecommunications carriers to return unused or underused central office codes and to return central office codes that have been obtained in a manner contrary to Federal or State numbering guidelines or protocols. (4) To establish individual number pooling, mandatory 1000- block pooling, and interim unassigned number porting. (5) To ration central office codes. (6) To develop and establish dialing protocols applicable for calls placed within the same area code or local calling area (or both) of the calling party that will consider, in addition to the potential effect upon competition, matters of public convenience and safety and the public interest generally. (7) To develop and implement, where the State commission finds it to be in the public interest and supportive of number conservation measures that it may adopt, area code relief measures involving the use of overlay area codes applicable to telecommunications service providers not subject to or otherwise not in compliance with local number portability, including a requirement that existing telephone numbers assigned to or in use (or both) by such service providers be transferred to the overlay area code, and including a requirement that calls placed within a calling party's home area code continue to be dialable on a 7-digit basis.

Directs the Federal Communications Commission (FCC), by December 31, 2000, to develop and implement a plan for the efficient allocation of telephone numbers. Directs the FCC, until it has fully implemented such plan and at the request of a State commission, to delegate to such commission its jurisdiction over telephone numbering with respect to States to the extent that such delegation will permit the State commission to implement measures to conserve telephone numbers.

To ensure the efficient allocation of telephone numbers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Our Nation's Interior Act of 2005''. SEC. 2. EXPEDITED REMOVAL. Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) and inserting the following: ``(i) In general.--If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States, or who has not been admitted or paroled into the United States and who has not affirmatively shown, to the satisfaction of an immigration officer, that the alien has been physically present in the United States continuously for the 1-year period immediately prior to the date of the determination of inadmissibility under this paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7), the officer shall order the alien removed from the United States without further hearing or review, unless-- ``(I) the alien has been charged with a crime, is in criminal proceedings, or is serving a criminal sentence; or ``(II) the alien indicates an intention to apply for asylum under section 208 or a fear of persecution and the officer determines that the alien has been physically present in the United States for less than 1 year. ``(ii) Claims for asylum.--If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States, or who is described in clause (i), and the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution, the officer shall refer the alien for an interview by an asylum officer under subparagraph (B) if the officer determines that the alien has been physically present in the United States for less than 1 year.''. SEC. 3. CLARIFICATION OF INHERENT AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT. Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State or a political subdivision of a State have the inherent authority of a sovereign entity to apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), in the enforcement of the immigration laws of the United States. This State authority has never been displaced or preempted by Congress. SEC. 4. DEPARTMENT OF HOMELAND SECURITY RESPONSE TO REQUESTS FOR ASSISTANCE FROM STATE AND LOCAL LAW ENFORCEMENT. (a) In General.--Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding after section 240C the following: ``custody of illegal aliens ``Sec. 240D. (a) In General.--If the Governor of a State (or, if appropriate, a political subdivision of the State), exercising authority with respect to the apprehension of an illegal alien, submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary ``(1) shall-- ``(A) not later than 48 hours after the conclusion of the State charging process or dismissal process, or if no State charging or dismissal process is required, after the illegal alien is apprehended, take the illegal alien into the custody of the Federal Government and incarcerate the alien; or ``(B) request that the relevant State or local law enforcement agency temporarily incarcerate or transport the illegal alien for transfer to Federal custody; and ``(2) shall designate a Federal, State, or local prison or jail or a private contracted prison or detention facility within each State as the central facility for that State to transfer custody of the criminal or illegal aliens to the Department of Homeland Security. The Secretary of Homeland Security may enter into contracts with appropriate State and local law enforcement, private entities, and detention officials to implement this subsection. ``(b) Reimbursement to States and Localities.--The Secretary of Homeland Security shall reimburse States and localities for all reasonable expenses, as determined by the Secretary, incurred by a State or locality in the incarceration and transportation of an illegal alien as described in subparagraphs (A) and (B) of subsection (a)(1). Compensation provided for costs incurred under subparagraphs (A) and (B) of subsection (a)(1) shall be the average cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of a State (or, as appropriate, a political subdivision of the State) plus the cost of transporting the criminal or illegal alien from the point of apprehension, to the place of detention, and to the custody transfer point if the place of detention and place of custody are different. ``(c) Incarceration of Illegal Aliens.--The Secretary of Homeland Security shall ensure that illegal aliens incarcerated in Federal facilities pursuant to this subsection are held in facilities which provide an appropriate level of security. ``(d) Transfer of Illegal Aliens.-- ``(1) In general.--In carrying out this section, the Secretary of Homeland Security may establish a regular circuit and schedule for the prompt transfer of apprehended illegal aliens from the custody of States and political subdivisions of States to Federal custody. ``(2) Agreements.--The Secretary of Homeland Security may enter into contracts with appropriate State and local law enforcement, private entities, and detention officials to implement this subsection. ``(e) Definition.--For purposes of this section, the term `illegal alien' means an alien who entered the United States without inspection or at any time or place other than that designated by the Secretary of Homeland Security.''. SEC. 5. UNIVERSAL PROCESSING THROUGH THE AUTOMATED ENTRY-EXIT CONTROL SYSTEM. (a) Record of Entry and Exit.--Subsection (a) of section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (4), respectively; (2) by inserting before paragraph (2) (as so redesignated), the following new paragraph: ``(1) collect and maintain a record of each admission for every alien arriving in the United States;''; and (3) in paragraph (2) (as so redesignated)-- (A) by striking ``(1) collect a record of'' and inserting ``(1) collect and maintain a record of each''; (B) by striking the ``and'' at the end; and (C) by inserting after paragraph (2) (as so redesignated), the following: ``(3) verify the identity of every arriving and departing alien by comparing in real time the biometric identifier on such alien's travel or entry document or passport with the arriving or departing alien; and''. (b) Inspection.-- (1) Paragraph (3) of section 235(a) of the Immigration and Nationality Act (8 U.S.C. 1225(a)) is amended to read as follows: ``(3) Inspection.-- ``(A) In general.--All aliens (including alien crewmen) who are applicants for admission or otherwise seeking admission or readmission to or transit through the United States shall be inspected by immigration officers. ``(B) Processing through entry-exit system.-- Notwithstanding any other provision of law and subject to clauses (i) and (ii), no alien may be admitted to the United States unless such alien has been processed through the automated entry-exit control system required by section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act (8 U.S.C. 1221 note).''. (2) Paragraph (1) shall apply to all aliens seeking admission or readmission on or after December 31, 2006. (c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the Congress detailing the additional resources, including machine readers and personnel, that are needed at each port of entry, based on recent and anticipated volumes of admissions at such ports of entry, to fully implement subsection (b).

Secure Our Nation's Interior Act of 2005 - Amends the Immigration and Nationality Act to revise expedited removal provisions to: (1) apply such provisions to an alien who has not been physically present in the United States continuously for the one-year (currently, two-year) period immediately prior to the date of determination of inadmissibility; and (2) exempt from such authority an alien who has been charged with a crime, is in criminal proceedings, or is serving a criminal sentence. States that state or local law enforcement personnel have the inherent authority of a sovereign entity to apprehend, arrest, detain, or transfer to federal custody aliens in the United States (including the transportation of such aliens across state lines to detention centers) in the enforcement of U.S. immigration laws. Directs, upon state or appropriate local request, the Secretary of the Department of Homeland Security (DHS) to: (1) take an illegal alien into federal custody, or request that the relevant state or local law enforcement agency temporarily incarcerate or transport the alien for transfer to federal custody; and (2) designate at least one federal, state, or local prison, or a private contracted prison or detention facility within each state as the central facility for that state to transfer custody of aliens to DHS. Provides for DHS reimbursement of state and local costs incurred in the incarceration and transportation of illegal aliens. Provides that: (1) aliens (including alien crewmen) seeking admission or readmission to or transit through the United States must be inspected by immigration officers; (2) no alien may be admitted to the United States without having been processed through the automated entry-exit control system; and (3) such system shall verify the identity of every arriving and departing alien by comparing in real time the biometric identifier on such alien's travel or entry document or passport with the arriving or departing alien.

To reduce the number of visa overstays and to ensure that illegal aliens are apprehended, detained, and removed as rapidly as possible.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Municipal Securities Investor Protection Act of 1996''. SEC. 2. TREATMENT OF MUNICIPAL SECURITIES IN THE SECURITIES ACT OF 1933. Section 3 of the Securities Act of 1933 (15 U.S.C. 77c) is amended by adding at the end the following new subsection: ``(d)(1) Notwithstanding subsection (a)(2), a security issued by a municipal issuer shall only be exempt from the provisions of this title-- ``(A) if the municipal issuer pledges the full faith and credit or the taxing power of that municipal issuer to make timely payments of principal and interest on the obligation; or ``(B) if the municipal issuer-- ``(i) offers or sells such securities in a single transaction in an aggregate principal amount equal to less than $1,000,000,000; or ``(ii) offers or sells such securities in a series of related transactions, and at the time of the offer or sale of such securities, does not reasonably anticipate that the aggregate principal amount of the series of related transactions will exceed $1,000,000,000. ``(2) For purposes of this subsection-- ``(A) the term `municipal issuer' means-- ``(i) a State, the District of Columbia, or a Territory of the United States; or ``(ii) a public instrumentality or political subdivision of an entity referred to in clause (i); ``(B) the term `series of related transactions' means a series of separate securities offerings made-- ``(i) as part of a single plan of financing; or ``(ii) for the same general purpose; and ``(C) the term `reasonably anticipate' shall have the meaning provided that term by the Commission by regulation, taking into consideration, as necessary or appropriate-- ``(i) the public interest; ``(ii) the protection of investors; and ``(iii) the need to prevent the circumvention of the requirements of this subsection.''. SEC. 3. TREATMENT OF MUNICIPAL SECURITIES IN THE SECURITIES EXCHANGE ACT OF 1934. (a) In General.--Section 3(a)(12) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(12)) is amended-- (1) in subparagraph (A), by striking clause (ii) and inserting the following: ``(ii) any security issued by a municipal issuer with respect to which the municipal issuer-- ``(I) pledges the full faith and credit or the taxing power of that municipal issuer to make timely payments of principal and interest on the obligation; or ``(II)(aa) offers or sells such securities in a single transaction in an aggregate principal amount equal to less than $1,000,000,000; or ``(bb) offers or sells such securities in a series of related transactions, and at the time of the offer or sale of such securities, does not reasonably anticipate that the aggregate principal amount of the series of related transactions will exceed $1,000,000,000;''; (2) in subparagraph (B)(ii), by striking ``municipal securities'' and inserting ``the securities described in subparagraph (A)(ii)''; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B) the following: ``(C) For purposes of subparagraph (A)(ii)-- ``(i) the term `municipal issuer' means-- ``(I) a State or any political subdivision thereof, or an agency or instrumentality of a State or any political subdivision thereof; or ``(II) any municipal corporate instrumentality of a State; ``(ii) the term `series of related transactions' means a series of separate securities offerings made-- ``(I) as part of a single plan of financing; or ``(II) for the same general purpose; and ``(iii) the term `reasonably anticipate' shall have the meaning provided that term by the Commission by regulation, taking into consideration, as necessary or appropriate-- ``(I) the public interest; ``(II) the protection of investors; and ``(III) the need to prevent the circumvention of the requirements of subparagraph (A)(ii).''. (b) Treatment of Municipal Securities That Are Not Exempted Securities.--The third sentence of section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(d)) is amended by inserting before the period the following: ``, except that, with respect to a class of municipal securities that are not exempted securities, the duty to file under this subsection may not be suspended by reason of the number of security holders of record of that class of municipal securities''. (c) Reporting Prior to the Sale of Securities.--Section 15B(d)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-4(d)(1)) is amended-- (1) by striking ``(d)(1) Neither'' and inserting ``(d)(1)(A) Except as provided in subparagraph (B), neither''; and (2) by adding at the end the following new subparagraph: ``(B) Subparagraph (A) does not apply to an issuer of any municipal security that is not an exempted security.''. SEC. 4. TREATMENT OF CERTAIN MUNICIPAL SECURITIES IN THE TRUST INDENTURE ACT OF 1939. Section 304(a)(4) of the Trust Indenture Act of 1939 (15 U.S.C. 77ddd(a)(4)) is amended by striking ``of subsection 3(a) thereof'' and inserting ``of subsection (a), or subsection (d) of section 3 of that Act''.

Municipal Securities Investor Protection Act of 1996 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to provide that a municipal issuer shall only be exempt from its provisions if such issuer: (1) pledges its full faith and credit or taxing power to make timely payments of principal and interest; (2) offers or sells such securities in a minimum single transaction amount of under $1 billion; or (3) offers or sells such securities in a series of related transactions, but does not reasonably anticipate that the aggregate principal amount of the series will exceed $1 billion at the time of such offer or sale. Amends the Securities Exchange Act of 1934 to provide that the duty to file supplementary and periodic information by non-exempt municipal securities may not be suspended by reason of the number of security holders of record of that class of securities. Authorizes the Securities and Exchange Commission to require non- exempt municipal security issuers to file requisite documents before the sale of such securities. Amends the Trust Indenture Act of 1939 to make conforming amendments.

Municipal Securities Investor Protection Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare and Medicaid Fraud Prevention and Control Act of 2009''. SEC. 2. ENHANCED CMS PROGRAM PROTECTION AUTHORITY. (a) In General.--Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1128F the following new section: ``SEC. 1128G. ENHANCED PROGRAM AND PROVIDER PROTECTIONS IN THE MEDICARE, MEDICAID, AND CHIP PROGRAMS. ``(a) Certain Authorized Screening, Enhanced Oversight Periods, Enrollment Moratoria, and Periodic Validations.-- ``(1) Authorization.-- ``(A) In general.--In which the Secretary has determined that there is a significant risk of fraudulent activity (as determined by the Secretary based on relevant complaints, reports, referrals by law enforcement or other sources, data analysis, trending information, or claims submissions by providers of services and suppliers) with respect to a category of provider of services or supplier of items or services, which may be a category within a geographic area, under title XVIII, XIX, or XXI, the Secretary may impose, subject to subparagraph (B), with respect to a program under title XVIII, XIX, or XXI, the Secretary impose any of the following requirements with respect to a provider of services or a supplier (whether such provider or supplier is initially enrolling in the program or is renewing such enrollment): ``(i) Screening under paragraph (2). ``(ii) Enhanced oversight periods under paragraph (3). ``(iii) Enrollment moratoria under paragraph (4). ``(iv) Periodic validations of authorizations under paragraph (5). ``(B) State requirement.--In applying this subsection for purposes of title XIX and XXI, the Secretary may require a State to carry out the provisions of this subsection (and subsection (b)) as a requirement of the State plan under title XIX or the child health plan under title XXI. Actions taken and determinations made under this subsection and subsection (b) shall not be subject to review by a judicial tribunal. ``(2) Screening.--For purposes of paragraph (1), the Secretary shall establish procedures under which screening is conducted with respect to providers of services and suppliers described in such paragraph. Such screening may include at least-- ``(A) licensing board checks; ``(B) screening against the list of individuals and entities excluded from the program under title XVIII, XIX, or XXI; ``(C) the excluded provider list system; ``(D) background checks; ``(E) unannounced pre-enrollment or other site visits; and ``(F) heightened disclosure of affiliations. ``(3) Enhanced oversight period.--For purposes of paragraph (1), the Secretary shall establish procedures to provide for a period of not less than 30 days and not more than 365 days during which providers of services and suppliers described in such paragraph, as the Secretary determines appropriate, would be subject to enhanced oversight, such as required or unannounced (or required and unannounced) site visits or inspections, prepayment review, enhanced review of claims, and such other actions as specified by the Secretary, under the programs under titles XVIII, XIX, and XXI. Under such procedures, the Secretary may extend such period for more than 365 days if the Secretary determines that after the initial period such additional period of oversight is necessary. ``(4) Enhanced oversight for claims of dme suppliers.--If the Secretary determines under paragraph (1) that there is a significant risk of fraudulent activity among suppliers of durable medical equipment, in the case of a supplier of durable medical equipment who is within a category or geographic area under title XVIII identified pursuant to such determination, whether at the time of initial enrollment under such title or otherwise, the Secretary shall, notwithstanding section 1842(c)(2), withhold payment under such title with respect to durable medical equipment furnished by such supplier during a period specified by the Secretary. ``(5) Periodic review of physician authorizations.--For purposes of paragraph (1), the Secretary shall establish a program under which, in cases in which the Secretary (or an administrative contractor) determines under a program described in paragraph (1) that there may have been a pattern of excessive prescribing or authorization of items or services by a physician or other health care professional-- ``(A) the Secretary (or contractor) submits to the physician or professional on a quarterly basis a list of the claims submitted under the program based on a prescription or authorization by the physician or professional; and ``(B) if the physician or professional does not validate by the end of the 90-day period beginning on the date of receipt of the list the legitimacy of the previously identified claims for items and services prescribed or authorized by the physician or professional, claims relating to such items and services prescribed or authorized by such physician or professional for subsequent periods shall be denied until such validation is made. ``(6) Moratorium on enrollment of providers and suppliers.--For purposes of paragraph (1), the Secretary, based upon a finding of a risk of serious ongoing fraud within a program under title XVIII, XIX, or XXI, may impose a moratorium on the enrollment of providers of services and suppliers within a category of providers of services and suppliers (including a category within a specific geographic area) under such title. Such a moratorium may only be imposed if the Secretary makes a determination that the moratorium would not adversely impact access of individuals to care under such program. ``(7) Clarification.--Nothing in this subsection shall be interpreted to preclude or limit the ability of a State to engage in provider screening or enhanced provider oversight activities beyond those required by the Secretary. ``(b) Probationary Period To Determine Legitimacy of New Providers and Suppliers.--The Secretary shall establish procedures (without regard to section 1874A(h)) under which at the time a provider or supplier is first approved for participation in the program under title XVIII, XIX, or XXI, there shall be a probationary period of heightened review (specified by the Secretary, but in no case longer than 1 year) under which-- ``(1) the Secretary (or an administrative contractor) shall review a random or other appropriate sample of claims to determine the legitimacy of the operations of the provider or supplier; ``(2) the Secretary (or such contractor) shall validate the legitimacy of physician prescriptions or other authorizations for the items and services furnished by such provider or supplier; and ``(3) if the Secretary, on the basis of such a review of such claims or such validation, makes a preliminary finding that a significant or disproportionate number of such claims are not legitimate (as determined by the Secretary), the Secretary may suspend or terminate the participation of the provider or supplier with notice to the provider or supplier. The provisions of subsections (c) through (g) of section 1128 shall apply to a suspension or termination under paragraph (3) in the same manner as such provisions apply to an exclusion under subsection (a) or (b) of such section. In the case of a physician or other professional that fails to cooperate with the Secretary (or a contractor) in the validation of prescriptions or authorizations described in paragraph (2), the Secretary may impose a civil monetary penalty of not to exceed $10,000 with respect to the validation of items and services furnished by any particular provider or supplier. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).''. (b) Revision of Prompt Pay Provisions.--Sections 1816(c)(2) and 1842(c)(2) of such Act (42 U.S.C. 1395h(c)(2), 1395u(c)(2)) are each amended-- (1) in subparagraph (A), by striking ``Each contract'' and inserting ``Subject to subparagraph (C), each contract''; and (2) by adding at the end the following new subparagraph: ``(C) Subparagraph (A) shall not apply to claims of providers or suppliers in cases in which the Secretary identifies a pattern or practice of claim submission that appear to be suspicious or otherwise indicative of a higher likelihood of being fraudulent.''. (c) Conforming Amendments.-- (1) Medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (A) in paragraph (23), by inserting before the semicolon at the end the following: ``or by a person to whom or entity to which a moratorium under section 1128G(a)(4) is applied during the period of such moratorium''; (B) in paragraph (72); by striking at the end ``and''; (C) in paragraph (73), by striking the period at the end and inserting ``; and''; and (D) by adding after paragraph (73) the following new paragraph: ``(74) provide that the State will enforce any determination made by the Secretary under subsection (a) (relating to a significant risk of fraudulent activity with respect to a category of provider or supplier described in such subsection through use of the appropriate procedures described in such subsection) or subsection (b) section 1128G and that the State will carry out any activities as required by the Secretary for purposes of such subsection (a).''. (2) CHIP.--Section 2102 of such Act (42 U.S.C. 1397bb) is amended by adding at the end the following new subsection: ``(d) Program Integrity.--A State child health plan shall include a description of the procedures to be used by the State-- ``(1) to enforce any determination made by the Secretary under subsection (a) (relating to a significant risk of fraudulent activity with respect to a category of provider or supplier described in such subsection through use of the appropriate procedures described in such subsection) or subsection (b) section 1128G; and ``(2) to carry out any activities as required by the Secretary for purposes of such subsection.''. (3) Medicare.--Section 1866(j) of such Act (42 U.S.C. 1395cc(j)) is amended by adding at the end the following new paragraph: ``(3) Program integrity.--The provisions of subsections (a) and (b) of section 1128G apply to enrollments and renewals of enrollments of providers of services and suppliers under this title.''. (d) Consultation With OIG.--In implementing the amendments made by this section and determining under paragraph (1) of section 1128G(a) of the Social Security Act, as inserted by subsection (a), that a provider, supplier, or type of service, for an area, is a significant risk of fraudulent activity, the Secretary of Health and Human Services shall consult with the Inspector General of the Department of Health and Human Services in order to identify classes of providers and suppliers or types of items and services, or such a type of provider, supplier, or service for a specific geographic area, as being particularly subject to fraud or abuse under Medicare, Medicaid, or the State children's health insurance program. (e) Additional Funding.--There are authorized to be appropriated such sums as may be appropriate to carry out this section (and the amendments made by this section). Such sums shall be in addition to any amounts that may be available from the Health Care Fraud and Abuse Control Account under section 1817(k) of the Social Security Act (42 U.S.C. 1395i(k)). (f) Effective Date; Expedited Implementation.-- (1) Effective date.--The amendments made by this section shall take effect upon the date of the enactment of this Act and section 1128G(b) of the Social Security Act shall apply to providers and suppliers that are first approved for participation on and after the date that is 6 months after the date of the enactment of this Act. (2) Expedited implementation.--The Secretary of Health and Human Services shall promulgate regulations not later than 6 months after the date of the enactment of this Act to carry out this section, which regulations shall be effective and final immediately on an interim basis as of the date of publication of the interim final regulation. With respect to such an interim final regulation, the Secretary shall provide for a period of public comments on such regulation after the date of publication. The Secretary may change or revise such regulation after completion of the period of public comment.

Medicare and Medicaid Fraud Prevention and Control Act of 2009 - Amends title XI of the Social Security Act (SSA) to establish specified enhanced program and provider protections against fraud under the Medicare, Medicaid, and Children's Health Insurance programs under SSA titles XVIII, XIX, and XXI.

To amend title XI of the Social Security Act to provide for enhanced program and provider protections under the Medicare, Medicaid, and Children's Health Insurance programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Wildlife Refuge System Centennial Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) President Theodore Roosevelt began the National Wildlife Refuge System by establishing the first refuge at Pelican Island, Florida, on March 14, 1903. (2) The National Wildlife Refuge System is comprised of more than 93,000,000 acres of Federal lands managed by the United States Fish and Wildlife Service in more than 520 individual refuges and thousands of waterfowl production areas located in all 50 States and the territories of the United States. (3) The System is the only network of Federal lands dedicated singularly to wildlife conservation and where wildlife dependent recreation and environmental education are priority public uses. (4) The System serves a vital role in the conservation of millions of migratory birds, endangered species and threatened species, fish, marine mammals, and the habitats on which these species depend. (5) Each year the System provides millions of Americans with opportunities to participate in wildlife-dependent recreation, including hunting, fishing, and wildlife observation. (6) Public visitation to National Wildlife Refuges is growing, with more than 35,000,000 visitors annually. It is essential that visitor centers and public use facilities be properly constructed, operated, and maintained. (7) The National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 (Public Law 105- 242) significantly enhances the ability to incorporate volunteers and partnerships in refuge management. (8) The System currently has an unacceptable backlog in critical operations and maintenance needs. (9) The centennial anniversary of the System in 2003 offers an historic opportunity to appreciate these natural resources and expand public enjoyment of these lands. (b) Purposes.--The purposes of this Act are the following: (1) To establish a commission to promote awareness of the National Wildlife Refuge System among the American public as the System celebrates its centennial anniversary in 2003. (2) To develop a long-term plan to meet the priority operations, maintenance, and construction needs of the System. (3) To require each fiscal year an annual report prepared in the context of-- (A) the budget submission of the Department of the Interior to the President; and (B) the President's budget request to the Congress. (4) To improve public use programs and facilities of the System to meet the increasing needs of the public for wildlife- dependent recreation in the 21st century. SEC. 3. NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL COMMISSION. (a) Establishment.--There is hereby established the National Wildlife Refuge System Centennial Commission (in this Act referred to as the ``Commission''). (b) Members.-- (1) In general.--The Commission shall be composed of the following members: (A) The Director of the United States Fish and Wildlife Service. (B) Up to 10 persons recommended by the Secretary of the Interior and appointed by the President. (C) The chairman and ranking minority member of the Committee on Resources of the House of Representatives and of the Committee on Environment and Public Works of the Senate, the congressional representatives of the Migratory Bird Conservation Commission, and the Secretary of the Interior, who shall be ex-officio members. (2) Appointments.--Members of the Commission shall be appointed no later than 90 days after the effective date of this Act. Persons appointed by the President as members of the Commission may not otherwise be officers or employees of the Federal Government and shall, in the judgment of the President, represent the diverse beneficiaries of the System and have outstanding knowledge or appreciation of wildlife, natural resource management, or wildlife-dependent recreation. In making such appointments, the President shall make every effort to ensure that the views of the hunting, fishing, and wildlife observation communities are represented on the Commission. (3) Vacancies.--Any vacancy in the Commission-- (A) shall not affect its power or functions; and (B) shall be expeditiously filled in the same manner as the original appointment. (c) Chairperson.--The President shall appoint one of the members as the Chairperson of the Commission. (d) Basic Pay.--The members of the Commission shall receive no compensation for their service on the Commission. (e) Travel Expenses.-- (1) Legislative branch members.--Members of the Commission from the legislative branch of the Government shall be allowed necessary travel expenses otherwise authorized by law for official travel. (2) Executive branch members.--Members of the Commission from the executive branch of the Government shall be allowed necessary travel expenses in accordance with section 5702 of title 5, United States Code. (3) Other members and staff.--Members of the Commission appointed by the President and staff of the Commission may be allowed necessary travel or transportation expenses as authorized by section 5702 of title 5, United States Code. (f) Functions.--The Commission shall-- (1) prepare, in cooperation with Federal, State, local, and nongovernmental partners, a plan to commemorate the 100th anniversary of the beginning of the National Wildlife Refuge System on March 14, 2003; (2) coordinate the activities of such partners undertaken pursuant to such plan; and (3) plan and host, in cooperation with such partners, a conference on the National Wildlife Refuge System, and assist in the activities of such a conference. (g) Staff.--Subject to the availability of appropriations, the Commission may employ staff as necessary to carry out its functions. (h) Donations.-- (1) In general.--The Commission may, in accordance with criteria established under paragraph (2), accept and use donations of money, personal property, or personal services. (2) Criteria.--The Commission shall establish written criteria to be used in determining whether the acceptance of gifts or donations under paragraph (1) would-- (A) reflect unfavorably upon the ability of the Commission or any employee of the Commission to carry out its responsibilities or official duties in a fair and objective manner; or (B) compromise the integrity or the appearance of the integrity of any person involved in those programs. (i) Administrative Support.--Upon the request of the Commission-- (1) the Secretary of the Interior, acting through the United States Fish and Wildlife Service, may provide to the Commission the administrative support services necessary for the Commission to carry out its responsibilities under this Act, including services related to budgeting, accounting, financial reporting, personnel, and procurement; and (2) the head of any other appropriate Federal department or agency may furnish to the Commission such advice and assistance, with or without reimbursement, to assist the Commission in carrying out its functions. (j) Reports.-- (1) Annual reports.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commission shall submit to the Congress an annual report of its activities and plans to Congress. (2) Final report.--Not later than September 30, 2004, the Commission shall submit to the Congress a final report of its activities, including an accounting of all funds received and expended by the Commission. (k) Termination.-- (1) In general.--The Commission shall terminate upon the submission of its final report under subsection (j). (2) Disposition of materials.--Upon termination of the Commission and after consultation with the Archivist of the United States and the Secretary of the Smithsonian Institution, the Secretary of the Interior-- (A) may deposit all books, manuscripts, miscellaneous printed matter, memorabilia, relics, and other similar materials of the Commission relating to the 100th anniversary of the National Wildlife Refuge System in Federal, State, or local libraries or museums or otherwise dispose of such materials; and (B) may use other property acquired by the Commission for the purposes of the National Wildlife Refuge System, or treat such property as excess property. SEC. 4. FULFILLING THE PROMISE OF AMERICA'S NATIONAL WILDLIFE REFUGE SYSTEM: LONG-TERM PLANNING AND ANNUAL REPORTING REQUIREMENTS REGARDING THE OPERATIONS AND MAINTENANCE BACKLOG. (a) Unified Long-Term Plan.--No later than March 1, 2002, the Secretary of the Interior shall prepare and submit to the Congress and the President a unified long-term plan to address priority operations, maintenance, and construction needs of the National Wildlife Refuge System, including-- (1) priority staffing needs of the System; and (2) operations, maintenance, and construction needs as identified in the Refuge Operating Needs System, the Maintenance Management System, the 5-year deferred maintenance list, the 5-year construction list, the United States Fish and Wildlife Service report entitled ``Fulfilling the Promise of America's National Wildlife Refuge System'', and individual refuge comprehensive conservation plans. (b) Annual Submission.--Beginning with the budget request for fiscal year 2003, the Secretary of the Interior shall prepare and submit in the context of each annual budget submission, a report that contains-- (1) an assessment of expenditures in the prior, current, and upcoming fiscal years to meet the operations and maintenance backlog as identified in the long-term plan under subsection (a); and (2) transition costs in the prior, current, and upcoming fiscal years, as identified in the Department of the Interior analysis of newly acquired refuge lands, and a description of the method used to determine the priority status of these needs. SEC. 5. EFFECTIVE DATE. This Act shall become effective on January 20, 2001. Passed the House of Representatives July 11, 2000. Attest: JEFF TRANDAHL, Clerk.

Directs the Secretary of the Interior to submit to Congress and the President by March 1, 2002, a unified long-term plan to address priority operations, maintenance, and construction needs of the System, including: (1) priority staffing needs; and (2) operations, maintenance, and construction needs as identified in the Refuge Operating Needs System, the Maintenance Management System, the five-year deferred maintenance list, the five-year construction list, the U.S. Fish and Wildlife Service report entitled "Fulfilling the Promise of America's National Wildlife Refuge System,"and individual refuge comprehensive conservation plans. Requires the Secretary, beginning with the budget request for FY 2003, to submit a report containing: (1) an assessment of expenditures in the prior, current, and upcoming fiscal years to meet the operations and maintenance backlog as identified in the plan; and (2) transition costs in such years, as identified in the Department of the Interior analysis of newly acquired refuge lands, and a description of the method used to determine the priority status of these needs.

National Wildlife Refuge System Centennial Act

SECTION 1. YUMA CROSSING NATIONAL HERITAGE AREA BOUNDARY ADJUSTMENT. Section 3(b) of the Yuma Crossing National Heritage Area Act of 2000 (16 U.S.C. 461 note; Public Law 106-319; 114 Stat. 1281) is amended to read as follows: ``(b) Boundaries.--The Heritage Area shall be comprised generally of the riverfront and downtown areas. More specifically, the boundaries shall be as follows: A boundary with a true point of beginning and inclusive of a section of land located at Township 8 South, Range 22 West, Section 19 and excepting therefrom parcels 108-16-004 and 108-16-002 and said boundary beginning at the northwest section corner in alignment with the north right-of-way line of the Colorado River Levee and thence westerly along the north right-of-way line of the Colorado River Levee a distance of 15,840 ft (+/-) to the point of intersection of the north right-of-way line of the Colorado River Levee and the centerline of Quechan Road/ Penitentiary Avenue, thence southerly along the centerline of Quechan Road/Penitentiary Avenue a distance of 1,320 ft (+/-) to the point of intersection of the centerline of Quechan Road/Penitentiary Avenue and the north full bank line of the Colorado River, thence westerly along the north full bank line of the Colorado River a distance of 10,579 ft (+/-) to the point of intersection of the north full bank line of the Colorado River and the centerline of 23rd Avenue, thence southerly along the centerline of 23rd Avenue a distance of 1,320 ft (+/-) to the point of intersection of the centerline of 23rd Avenue and the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad right- of-way, thence easterly along the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad right-of-way a distance of 6,953 ft (+/-) to the point of intersection of the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad and the centerline of Lovers Lane, thence southwesterly along the centerline of Lovers Lane a distance of 948 ft (+/-) to the point of intersection of the centerline of Lovers Lane and the centerline of First Street, thence easterly along the centerline of First Street a distance of 1,390 ft (+/-) to the point of intersection of the centerline of First Street and the centerline of the alleyway mid-block between 1st and 2nd Avenues, thence southerly along the centerline of the alleyway mid-block between 1st and 2nd Avenues a distance of 2,030 ft (+/-) to the point of intersection of the centerline of the alleyway mid-block between 1st and 2nd Avenues and the centerline of Giss Parkway, thence westerly along the centerline of Giss Parkway a distance of 190 ft (+/-) to the point of intersection of the centerline of Giss Parkway and the centerline of 2nd Avenue, thence southerly along the centerline of 2nd Avenue a distance of 660 ft (+/-) to the point of intersection of the centerline of 2nd Avenue and the centerline of 4th Street, thence westerly along the centerline of 4th Street a distance of 570 ft (+/-) to the point of intersection of the centerline of 4th Street and the centerline of the alleyway between 3rd and 4th Avenues, thence southerly along the centerline of the alleyway between 3rd and 4th Avenues a distance of 660 ft (+/-) to the point of intersection of the centerline of the alleyway between 3rd and 4th Avenues and the centerline of 5th Street, thence westerly along the centerline of 5th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 5th Street and the centerline of 4th Avenue, thence southerly along the centerline of 4th Avenue a distance of 660 ft (+/-) to the point of intersection of the centerline of 4th Avenue and the centerline of 6th Street, thence easterly along the centerline of 6th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 6th Street and the centerline of the alleyway between 3rd and 4th Avenues, thence southerly along the centerline of the alleyway a distance of 660 ft (+/-) to the point of intersection of the centerline of the alleyway between 3rd and 4th Avenues and the centerline of 7th Street, thence easterly along the centerline of 7th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 7th Street and the centerline of 3rd Avenue, thence southerly along the centerline of 3rd Avenue a distance of 440 ft (+/-) to the point of intersection of the centerline of 3rd Avenue and the centerline of 8th Street, thence easterly along the centerline of 8th Street a distance of 1,140 ft (+/-) to the point of intersection of the centerline of 8th Street and the centerline of Madison Avenue, thence northerly along the centerline of Madison Avenue a distance of 1,765 ft (+/-) to the point of intersection of the centerline of Madison Avenue and the centerline of 5th Street, thence easterly along the centerline of 5th Street a distance of 2,035 ft (+/-) to the point of intersection of the centerline of 5th Street and the centerline of the Union Pacific/Southern Pacific Railroad right-of-way, thence north/ northwesterly along the centerline of the Union Pacific/Southern Pacific Railroad right-of-way a distance of 5,402 ft (+/-) to the point of intersection of the centerline of the Union Pacific/Southern Pacific Railroad right-of-way and the centerline of Prison Lane, thence east/ southeasterly along the centerline of Prison Lane a distance of 535 ft (+/-) to the point of intersection of the centerline of Prison Lane and the southern right-of-way line of the Gila River Levee, thence southeasterly along the southern right-of-way line of the Gila River Levee a distance of 3,320 ft (+/-) to a point, thence easterly along the southern right-of-way line of the Gila River Levee a distance of 13,540 ft (+/-) to the southwest section corner of Township 8 South, Range 22 West, Section 19, inclusive of the section and excepting therefrom the aforementioned parcels, as the true point of beginning.''.

Amends the Yuma National Heritage Area Act of 2000 to adjust the boundaries of the Yuma Crossing National Heritage Area to comprise generally the riverfront and downtown areas. .

A bill to amend the Yuma Crossing National Heritage Area Act of 2000 to adjust the boundary of the Yuma Crossing National Heritage Area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Florida National Forest Land Management Act of 2003''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) State.--The term ``State'' means the State of Florida. SEC. 3. SALE OR EXCHANGE OF LAND. (a) In General.--The Secretary may, under such terms and conditions as the Secretary may prescribe, sell or exchange any right, title, and interest of the United States in and to the parcels of Federal land in the State described in subsection (b). (b) Description of Land.--The parcels of Federal land in the State referred to in subsection (a) consist of-- (1) tract A-942a, East Bay, Santa Rosa County, consisting of approximately 61 acres, and more particularly described as T. 1 S., R. 27 W., sec. 31, W1/2 of SW1/4; (2) tract A-942b, East Bay, Santa Rosa County, consisting of approximately 40 acres, and more particularly described as T. 1 S., R. 27 W., sec. 38; (3) tract A-942c, Ft. Walton, Okaloosa County, located southeast of the intersection of and adjacent to State Road 86 and Mooney Road, consisting of approximately 0.59 acres, and more particularly described as T. 1 S., R. 24 W., sec. 26; (4) tract A-942d, located southeast of Crestview, Okaloosa County, consisting of approximately 79.90 acres, and more particularly described as T. 2 N., R. 23 W., sec. 2, NW1/4 NE1/ 4 and NE1/4 NW1/4; (5) tract A-943, Okaloosa County Fairgrounds, Ft. Walton, Okaloosa County, consisting of approximately 30.14 acres, and more particularly described as T. 1 S., R. 24 W., sec. 26, S1/ 2; (6) tract A-944, City Ball Park--Ft. Walton, Okaloosa County, consisting of approximately 12.43 acres, and more particularly described as T. 1 S., R. 24 W., sec. 26, S1/2; (7) tract A-945, Landfill-Golf Course Driving Range, located southeast of Crestview, Okaloosa County, consisting of approximately 40.85 acres, and more particularly described as T. 2 N., R. 23 W., sec. 4, NW1/4 NE1/4; (8) tract A-959, 2 vacant lots on the north side of Micheaux Road in Bristol, Liberty County, consisting of approximately 0.5 acres, and more particularly described as T. 1 S., R. 7 W., sec. 6; (9) tract C-3m-d, located southwest of Astor in Lake County, consisting of approximately 15.0 acres, and more particularly described as T. 15 S., R. 28 E., sec. 37; (10) tract C-691, Lake County, consisting of the subsurface rights to approximately 40.76 acres of land, and more particularly described as T. 17 S., R. 29 E., sec. 25, SE1/4 NW1/4; (11) tract C-2208b, Lake County, consisting of approximately 39.99 acres, and more particularly described as T. 17 S., R. 28 E., sec. 28, NW1/4 SE1/4; (12) tract C-2209, Lake County, consisting of approximately 127.2 acres, as depicted on the map, and more particularly described as T. 17 S., R. 28 E., sec. 21, NE1/4 SW1/4, SE1/4 NW1/4, and SE1/4 NE1/4; (13) tract C-2209b, Lake County, consisting of approximately 39.41 acres, and more particularly described as T. 17 S., R. 29 E., sec. 32, NE1/4 SE1/4; (14) tract C-2209c, Lake County, consisting of approximately 40.09 acres, and more particularly described as T. 18 S., R. 28 E., sec. 14, SE1/4 SW1/4; (15) tract C-2209d, Lake County, consisting of approximately 79.58 acres, and more particularly described as T. 18 S., R. 29 E., sec. 5, SE1/4 NW1/4, NE1/4 SW1/4; (16) tract C-2210, government lot 1, 20 recreational residential lots, and adjacent land on Lake Kerr, Marion County, consisting of approximately 30 acres, and more particularly described as T. 13 S., R. 25 E., sec. 22; (17) tract C-2213, located in the F.M. Arrendondo grant, East of Ocala, Marion County, and including a portion of the land located east of the western right-of-way of State Highway 19, consisting of approximately 15.0 acres, and more particularly described as T. 14 and 15 S., R. 26 E., sec. 36, 38, and 40; and (18) all improvements on the parcels described in paragraphs (1) through (17). (c) Legal Description Modification.--The Secretary may, for the purposes of soliciting offers for the sale or exchange of land under subsection (d), modify the descriptions of land specified in subsection (b) based on-- (1) a survey; or (2) a determination by the Secretary that the modification would be in the best interest of the public. (d) Solicitations of Offers.-- (1) In general.--Subject to such terms and conditions as the Secretary may prescribe, the Secretary may solicit offers for the sale or exchange of land described in subsection (b). (2) Rejection of offers.--The Secretary may reject any offer received under this section if the Secretary determines that the offer-- (A) is not adequate; or (B) is not in the public interest. (e) Methods of Sale.--The Secretary may sell the land described in subsection (b) at public or private sale (including at auction), in accordance with any terms, conditions, and procedures that the Secretary determines to be appropriate. (f) Brokers.--In any sale or exchange of land described in subsection (b), the Secretary may-- (1) use a real estate broker; and (2) pay the real estate broker a commission in an amount that is comparable to the amounts of commission generally paid for real estate transactions in the area. (g) Concurrence of the Secretary of the Air Force.--A parcel of land described in paragraphs (1) through (7) of subsection (b) shall not be sold or exchanged by the Secretary without the concurrence of the Secretary of the Air Force. (h) Cash Equalization.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), if the value of non-Federal land for which Federal land is exchanged under this section is less than the value of the Federal land exchanged, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of the Federal land. (i) Disposition of Proceeds.-- (1) In general.--The net proceeds derived from any sale or exchange under this Act shall be deposited in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (2) Use.--Amounts deposited under paragraph (1) shall be available to the Secretary for expenditure, without further appropriation, for-- (A) acquisition of land and interests in land for inclusion as units of the National Forest System in the State; and (B) reimbursement of costs incurred by the Secretary in carrying out land sales and exchanges under this Act, including the payment of real estate broker commissions under subsection (f). SEC. 4. ADMINISTRATION. (a) In General.--Land acquired by the United States under this Act shall be-- (1) subject to the Act of March 1, 1911 (commonly known as the ``Weeks Act'') (16 U.S.C. 480 et seq.); and (2) administered in accordance with laws (including regulations) applicable to the National Forest System. (b) Applicable Law.--The land described in section 3(b) shall not be subject to the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (c) Withdrawal.--Subject to valid existing rights, the land described in section 3(b) is withdrawn from location, entry, and patent under the public land laws, mining laws, and mineral leasing laws (including geothermal leasing laws).

Florida National Forest Land Management Act of 2003 - Authorizes the Secretary of Agriculture to sell or exchange specified land in Florida. Requires the concurrence of the Secretary of the Air Force with respect to the sale or exchange of certain of such land.

To authorize the Secretary of Agriculture to sell or exchange certain land in the State of Florida, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Establish the National Museum of the American Latino Act of 2003''. SEC. 2. FINDINGS. Congress finds as follows: (1) American Latinos are an ethnically and racially diverse population. Still, whether known by the term ``Hispanic'' or ``Latino,'' or by the various national identities from which they obtain their ethnicity, American Latinos share a common heritage rooted in the mixture of the cultures of the indigenous peoples of the American continent, of the European colonizers from Spain, and of Africans who were brought to those colonies as slaves. (2) While the history of the United States formally dates from 1776, American civilization was already centuries old by then. Latinos were present on the continent for more than 200 years prior to the Declaration of Independence. Spanish colonists founded the first permanent settlement on future United States territory in St. Augustine, Florida in 1565. Indigenous nations that had thrived for centuries prior to the landing of Columbus would later mix with colonists of various ethnicities from Spain to create a third culture, one that continues to thrive in various forms throughout the Americas today. (3) Since before our Nation's founding, Latinos have come to this land searching for opportunity, prosperity, and chance. In this regard, not much has changed in over 3 centuries. Through every era of our Nation's history, whether in the fields of plenty or on the field of battle, a Latino presence was felt. Since before the early colonization of the west, Latinos have labored under the harsh sun to put food on America's tables. From the earliest days of American industry, Latinos have worked in our factories. Through every war and conflict, Latinos have served honorably and proudly next to their fellow Americans to defend the ideals of freedom, democracy, and liberty worldwide, earning countless awards for valor and sacrifice. (4) The history, art, politics, economy, and culture of the United States have been enriched since the Nation's founding by the influence of American Latinos and their traditions and innovations. Both native and foreign-born Latinos in the United States continue to make significant contributions to the arts and humanities, academia, and the popular culture that have benefited all Americans. (5) According to the Bureau of the Census, the population of American Latinos recently grew to become the largest demographic minority group in the country. As of July 2002, there were an estimated 38.8 million Latinos in the United States. One out of every three of these is under the age of 18, and four out of every 10 is under the age of 25. The youthfulness and rapid growth of this population ensure that American Latinos will have a substantial role in American life ranging from public policy to popular entertainment. Greater understanding of this role will benefit all of American society. (6) The American Latino population historically has been concentrated in certain regions of the United States. In the last several decades, however, there has been more dispersed growth of the community throughout the entire country. In the southern states other than Texas, most have seen the population of Latinos, primarily immigrants, double between the years 1990 and 2000, adding to the mixture of cultures already there as these individuals adapt to Southern life. (7) Despite the history and demography as well as the ongoing contributions that American Latinos make to the cultural life of the United States, there remains a great gap in the level and quality of awareness that other Americans possess about the rich and diverse character of Latino culture and history. Sometimes the lack of awareness manifests itself in the development of stereotypes or misconceptions about Latinos. Greater effort is needed at a national level to educate other Americans about Latinos, and to celebrate and disseminate information about Latino arts and history. Americans of all backgrounds benefit from greater understanding of the diversity that exists in the United States. (8) The Smithsonian Institution is the world's largest museum and research complex, with 16 museums in the District of Columbia and New York City. The Smithsonian Institution museums, especially those on the National Mall, play a unique and important role in educating visitors to the Nation's capital about our history, arts, and culture. The American people and international visitors recognize the Smithsonian Institution as the premier American museum, representing the vast diversity of cultural history of the United States. (9) After extensive dialogue, conferences, and collaboration among educators, scholars, and community leaders, as well as museums, universities, cultural, and public institutions, a task force appointed to examine the Smithsonian Institution's representation of American Latinos in its permanent exhibits and other public programs published ``Willful Neglect: The Smithsonian Institution and U.S. Latinos'' (May 1994) and ``Toward a Shared Vision: U.S. Latinos and the Smithsonian Institution'' (October 1997). The reports indicate that the Smithsonian historically had a poor record of representing Latinos. This criticism led to the creation of the Smithsonian's Center for Latino Initiatives in 1998. (10) The Center for Latino Initiatives has increased the profile of Latino arts and culture and should be commended for promoting diversity and understanding of American Latino culture by the Smithsonian's patrons. The Center's short history has shown that American Latino exhibits and programs are well received by the public and by the Latino community, which benefits from having some representation at the Smithsonian. Still, the level of representation at the Smithsonian of the Latino community is far from where it should be given American Latino history, demography, and contributions to the American cultural landscape. (11) For these reasons, it is necessary to establish a commission to draft a plan of action for creating a National Museum of the American Latino within the Smithsonian Institution, on or near the National Mall in Washington, D.C. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established the Commission to Establish the National Museum of the American Latino (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall consist of 23 members appointed not later than 6 months after the date of the enactment of this Act as follows: (1) The President shall appoint 7 voting members. (2) The Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 3 voting members. (3) In addition to the members appointed under paragraph (2), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 1 nonvoting member. (c) Qualifications.--Members of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either-- (1) a demonstrated commitment to the research, study, or promotion of American Latino life, art, history, political or economic status, or culture, together with-- (A) expertise in museum administration; (B) expertise in fundraising for nonprofit or cultural institutions; (C) experience in the study and teaching of Latino culture and history at the post-secondary level; (D) experience in studying the issue of the Smithsonian Institution's representation of American Latino art, life, history, and culture; or (E) extensive experience in public or elected service; or (2) experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history. SEC. 4. FUNCTIONS OF THE COMMISSION. (a) Plan of Action for Establishment and Maintenance of Museum.-- The Commission shall submit a report to the President and the Congress containing its recommendations with respect to a plan of action for the establishment and maintenance of the National Museum of the American Latino in Washington, D.C. (hereafter in this Act referred to as the ``Museum''). (b) Fundraising Plan.--The Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the American Latino community. (c) Report on Issues.--The Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and the Congress on, the following issues: (1) The availability and cost of collections to be acquired and housed in the Museum. (2) The impact of the Museum on regional Hispanic- and Latino-related museums. (3) Possible locations for the Museum on or adjacent to the National Mall in Washington, D.C., to be considered in consultation with the National Capital Planning Commission. (4) Whether the Museum should be located within the Smithsonian Institution. (5) The governance and organizational structure from which the museum should operate. (6) How to engage the American Latino community in the development and design of the Museum. (d) Legislation to Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under subsection (a) and the report submitted under subsection (c), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Resources of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate a legislative plan of action to create and construct the Museum. (e) National Conference.--In carrying out its functions under this section, the commission shall convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 9 months after the date of the enactment of this Act. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Facilities and Support of Secretary of Interior.--The Secretary of the Interior shall provide the administrative services, facilities, and funds necessary for the performance of the Commission's functions. (b) Compensation.--Each member of the Commission who is not an officer or employee of the Federal government may receive compensation for each day on which the member is engaged in the work of the Commission, at a daily rate to be determined by the Secretary of the Interior. (c) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 6. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION. (a) Deadline.--The Commission shall submit final versions of the reports and plans required under section 4 not later than 18 months after the date of the enactment of this Act. (b) Termination.--The Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to subsection (a). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for carrying out the activities of the Commission $2,100,000 for fiscal year 2005 and $1,100,000 for fiscal year 2006.

Commission to Establish the National Museum of the American Latino Act of 2003 - Establishes the Commission to Establish a National Museum of the American Latino. Directs the Commission to: (1) report to the President and Congress with recommendations on a plan of action to establish and maintain, in Washington, DC, the National Museum of the American Latino; (2) develop a fundraising plan, examine specified issues (including whether the Museum should be within the Smithsonian Institution), and make legislative recommendations; and (3) convene a national conference on the Museum. Directs the Secretary of the Interior to provide administrative services, facilities, and funds necessary for performance of Commission functions.

To establish the Commission to Establish a National Museum of the American Latino to develop a plan of action for the establishment and maintenance of the National Museum of the American Latino in Washington, D.C., and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mountain Park Project Act of 1994''. SEC. 2. MODIFICATION OF MOUNTAIN PARK PROJECT. (a) In General.--The first section of the Act entitled ``An Act to authorize the Secretary of the Interior to construct, operate, and maintain the Mountain Park reclamation project, Oklahoma, and for other purposes'' (Public Law 90-503; 82 Stat. 853) is amended by striking out ``and controlling floods.'' and inserting in lieu thereof ``controlling floods, and environmental quality activities. As used in this Act, the term `environmental quality activity' means any activity that primarily benefits the quality of natural environmental resources.''. (b) Reallocation of Project Costs.--Such Act is further amended by adding at the end the following new section: ``Sec. 7. (a)(1) Not later than 180 days after the date of enactment of the Mountain Park Project Act of 1994, the Secretary of the Interior (referred to in this section as the `Secretary') shall-- ``(A) conduct appropriate investigations to determine environmental quality activities that could be carried out for the Mountain Park project; and ``(B) on the basis of the determination made under subparagraph (A), make an appropriate reallocation of the costs of the project under sections 2 and 3 (referred to in this section as `project costs') to accommodate the environmental quality activities that the Secretary authorizes pursuant to this subsection. ``(2) In conducting investigations under this subsection, the Secretary shall examine the benefits to natural environmental resources achievable from an environmental quality activity that requires reallocating water or using facilities or land of the Mountain Park project, including any of the following activities: ``(A) Developing in-stream flows. ``(B) Developing wetland habitat. ``(C) Any other environmental quality activity that the Secretary determines to be appropriate to benefit the overall quality of the environment. ``(b)(1) Upon completion of the investigations under subsection (a)(2), the Secretary shall carry out the following: ``(A) The preparation of a proposed reallocation of project costs in conformance with subsection (a)(1)(B). ``(B) Negotiations with the Mountain Park Master Conservancy District (referred to in this section as the `District') to amend the contract executed by the District pursuant to this Act to adjust the obligation of the District to repay project costs, as described in section 2, to reflect the reallocation of nonreimbursable project costs. ``(2) For the purposes of paragraph (1), project costs associated with an environmental quality activity specified by the Secretary pursuant to subsection (a)(2) shall be nonreimbursable project costs. ``(c)(1) Notwithstanding any other provision of this Act, the Secretary is authorized to accept prepayment of the repayment obligation of the District for the reimbursable construction costs of the project allocated to municipal and industrial water supply for the city of Altus, Oklahoma, the city of Frederick, Oklahoma, or the city of Snyder, Oklahoma (or any combination thereof), and, upon receipt of such prepayment, the District's obligation to the United States shall be reduced by the amount of such costs, and any security held therefor, shall be released by the Secretary. ``(2) Any prepayment made pursuant to subsection (c)(1) shall realize to the United States an amount calculated by discounting the remaining repayment obligation by the interest rate determined in accordance with subsection (d). -`-`-(-d-)-(-1-) -T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -d-e-t-e-r-m-i-n-e -t-h-e -i-n-t-e-r-e-s-t -r-a-t-e -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -t-h-e -g-u-i-d-e-l-i-n-e-s -s-e-t -f-o-r-t-h -i-n -C-i-r-c-u-l-a-r -A---1-2-9 -i-s-s-u-e-d -b-y -t-h-e -O-f-f-i-c-e -o-f -M-a-n-a-g-e-m-e-n-t -a-n-d -B-u-d-g-e-t -c-o-n-c-e-r-n-i-n-g -l-o-a-n -s-a-l-e-s -a-n-d -p-r-e-p-a-y-m-e-n-t -o-f -l-o-a-n-s-. -I-n -d-e-t-e-r-m-i-n-i-n-g -t-h-e -i-n-t-e-r-e-s-t -r-a-t-e-, -t-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -e-q-u-a-t-e -a-n -a-p-p-r-o-p-r-i-a-t-e -a-m-o-u-n-t -o-f -p-r-e-p-a-y-m-e-n-t -w-i-t-h -t-h-e -p-r-i-c-e -o-f -t-h-e -D-i-s-t-r-i-c-t-'-s -o-b-l-i-g-a-t-i-o-n -i-f -i-t -w-e-r-e -t-o -b-e -s-o-l-d -o-n -t-h-e -o-p-e-n -m-a-r-k-e-t -t-o -a -t-h-i-r-d -p-a-r-t-y-. ``(d)(1) The Secretary of the Treasury shall determine the interest rate in accordance with the guidelines set forth in Circular A-129 issued by the Office of Management and Budget and the Department of Treasury Financial Manual. In determining the interest rate, the Secretary shall consider the price of the District's obligation if it were to be sold on the open market to a third party. ``(2) If the District uses tax-exempt financing to finance a prepayment under subsection (c)(1), then the interest rate by which the Secretary discounts the remaining payments due on the District's obligation shall be adjusted by an amount that compensates the United States for the direct or indirect loss of future tax revenues. ``(e) Notwithstanding any payment made by the District pursuant to this section or pursuant to any contract with the Secretary, title to the project facilities shall remain with the United States.''. (c) Repeal.--Section 3101 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4698) is repealed.

Mountain Park Project Act of 1994 - Adds environmental quality activities to the list of activities of the Mountain Park Reclamation Project, Oklahoma. Directs the Secretary of the Interior to: (1) conduct investigations to determine environmental quality activities that could be carried out for the Project; and (2) make an appropriate reallocation of Project costs to accommodate such activities. Requires the Secretary, in conducting such investigations, to examine the benefits to natural environmental resources achievable from an environmental quality activity that requires reallocating water using facilities or land of the Project. Requires the Secretary, upon completion of investigations, to: (1) prepare a proposed reallocation of Project costs; and (2) negotiate with the Mountain Park Master Conservancy District to amend the contract to adjust the obligation of the District to repay Project costs to reflect the reallocation of nonreimbursable Project costs. Requires Project costs associated with an environmental quality activity to be nonreimbursable. Authorizes the Secretary to accept prepayment of the repayment obligation of the District for reimbursable construction costs allocated to municipal and industrial water supply for the cities of Altus, Frederick, or Snyder, Oklahoma, or any combination thereof, and reduces the District's obligation by the amount of such costs upon receipt of prepayment. Directs the Secretary of the Treasury: (1) to determine the interest rate in accordance with the guidelines set forth in Circular A-129 issued by the Office of Management and Budget and the Department of Treasury Financial Manual; and (2) in determining such rate, to consider the price of the District's obligation if it were to be sold on the open market to a third party. Provides that title to the Project facilities shall remain with the United States. Repeals provisions of existing law regarding prepayment by the District for Project costs.

Mountain Park Project Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Care Liability Relief Act''. SEC. 2. CONSTITUTIONAL AUTHORITY. The constitutional authority upon which this Act rests is the power of Congress to provide for the general welfare, to regulate commerce, and to make all laws which shall be necessary and proper, as enumerated in section 8 of article I of the Constitution of the United States. SEC. 3. LIMITATIONS ON NONECONOMIC AND PUNITIVE DAMAGES WHEN PROVIDING UNCOMPENSATED CARE. (a) In General.--Whenever items or services are furnished under section 1867 of the Social Security Act (42 U.S.C. 1395dd) to an uninsured individual for purposes of complying with such section, the liability of an emergency care provider for an injury arising out of the furnishing of such items or services shall be subject to the following limitations: (1) Noneconomic damages.--With respect to noneconomic damages, the aggregate such liability for all such providers may not exceed $250,000 or two times the amount of economic damages, whichever is greater. (2) Punitive damages.--With respect to punitive damages, the aggregate such liability for all such providers may not exceed $250,000 or three times the amount of economic damages, whichever is greater. (b) Definitions.--In this section: (1) Emergency care provider.--The term ``emergency care provider'' means an emergency care entity or an officer, governing board member, employee, or contractor of such an entity. (2) Emergency care entity.--The term ``emergency care entity'' means-- (A) a hospital or an emergency department to which section 1867 of the Social Security Act (42 U.S.C. 1395dd) applies; and (B) a physician or physician group that is employed by, or under contract with, such hospital or department to furnish items and services to individuals under such section. (3) Uninsured individual.--The term ``uninsured individual'' means an individual who, at the time the items or services described in subsection (a) are furnished-- (A) does not have coverage under-- (i) a group health plan (as defined in section 2791(a)(1) of the Public Health Service Act (42 U.S.C. 300gg-91(a)(1))); (ii) part A (42 U.S.C. 1395c et seq.) or B (42 U.S.C. 1395j et seq.) of title XVIII of the Social Security Act; or (iii) a State plan under title XIX (42 U.S.C. 1396 et seq.) of the Social Security Act; and (B) does not have health insurance coverage (as defined in section 2791(b)(1) of the Public Health Service Act (42 U.S.C. 300gg-91(b)(1)) from any other source. SEC. 4. AWARDS OF ATTORNEY FEES AND COSTS IN AN ACTION INVOLVING UNCOMPENSATED CARE. (a) In General.--In any action in any State or Federal court in which liability or damages described in section 3(a) is contested, the court (or the jury, if the matter is tried before a jury) may award to each prevailing party a reasonable attorney's fee and other reasonable costs relating to the prosecution of the action, subject to the other provisions of this section. (b) Persons Liable.--Liability for each award under subsection (a) shall be borne by one or more of the following persons, as allocated by the court or jury: (1) A nonprevailing party personally. (2) An attorney or law firm representing a nonprevailing party, but only if such representation was on a contingent-fee basis. (c) Factors Considered.--In exercising its discretion under subsections (a) and (b), the court or jury shall consider, and may conduct a separate evidentiary hearing on, the following factors: (1) The validity or reasonableness, or both, of the claim of the nonprevailing party. (2) The reasonableness of the conduct of the litigation by the attorney or law firm representing the nonprevailing party, including consideration of any offer of settlement by the prevailing party. (3) The reasonableness of the conduct of the litigation by the attorney or law firm representing the prevailing party, including consideration of any offer of settlement by the nonprevailing party. (4) The financial resources of the nonprevailing party and the extent to which the nonprevailing party would have been unfairly discouraged from pursuing a reasonable and legitimate claim for injuries by such an award. SEC. 5. JURY IN AN ACTION INVOLVING UNCOMPENSATED CARE TO CONSIDER EFFECT OF DAMAGES ON HEALTH CARE LIABILITY INSURANCE. In any action in any State or Federal court in which liability or damages described in section 3(a) is contested, the court shall instruct the jury that in considering the amount of damages (whether compensatory or punitive) to award against a defendant that has been found liable, the jury must consider the effect of the amount awarded on the price and availability of health care liability insurance.

Emergency Care Liability Relief Act - Limits noneconomic and punitive damages for injuries arising from the provision of uncompensated care by emergency care providers. Authorizes the award of attorney's fees and costs in actions in which a party's liability or such damages are contested. Requires liability for such awards to be allocated to the nonprevailing party personally, the attorney or law firm representing such party if representation was on a contingent fee basis, or both, taking into account specified factors. Requires the court, in actions in which liability or noneconomic or punitive damages described in this Act are contested, to instruct the jury that it must take into account the effect of the amount to be awarded in damages on the price and availability of health care liability insurance.

To limit the liability of hospitals and emergency departments for noneconomic and punitive damages when providing uncompensated care, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Naturalization and Family Protection for Military Members Act of 2003''. SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES OF THE UNITED STATES. (a) Reduction of Period for Required Service.--Section 328(a) of the Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended by striking ``three years'' and inserting ``2 years''. (b) Prohibition on Imposition of Fees Relating to Naturalization.-- Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) is amended-- (1) in section 328(b)-- (A) in paragraph (3)-- (i) by striking ``honorable. The'' and inserting ``honorable (the''; and (ii) by striking ``discharge.'' and inserting ``discharge); and''; and (B) by adding at the end the following: ``(4) notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing a petition for naturalization or for the issuance of a certificate of naturalization upon citizenship being granted to the applicant, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected.''; and (2) in section 329(b)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing a petition for naturalization or for the issuance of a certificate of naturalization upon citizenship being granted to the applicant, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected.''. (c) Naturalization Proceedings Overseas for Members of the Armed Forces.--Notwithstanding any other provision of law, the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense shall ensure that any applications, interviews, filings, oaths, ceremonies, or other proceedings under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) relating to naturalization of members of the Armed Forces are available through United States embassies, consulates, and as practicable, United States military installations overseas. (d) Technical and Conforming Amendment.--Section 328(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1439(b)(3)) is amended by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''. SEC. 3. NATURALIZATION BENEFITS FOR MEMBERS OF THE SELECTED RESERVE OF THE READY RESERVE. Section 329(a) of the Immigration and Nationality Act (8 U.S.C. 1440(a)) is amended by inserting ``as a member of the Selected Reserve of the Ready Reserve or'' after ``has served honorably''. SEC. 4. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES, CHILDREN, AND PARENTS. (a) Treatment as Immediate Relatives.-- (1) Spouses.--Notwithstanding the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the spouse of a citizen of the United States at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by that service, the alien (and each child of the alien) shall be considered, for purposes of section 201(b) of such Act, to remain an immediate relative after the date of the citizen's death, but only if the alien files a petition under section 204(a)(1)(A)(ii) of such Act within 2 years after such date and only until the date the alien remarries. For purposes of such section 204(a)(1)(A)(ii), an alien granted relief under the preceding sentence shall be considered an alien spouse described in the second sentence of section 201(b)(2)(A)(i) of such Act. (2) Children.-- (A) In general.--In the case of an alien who was the child of a citizen of the United States at the time of the citizen's death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by that service, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)), to remain an immediate relative after the date of the citizen's death (regardless of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date. (B) Petitions.--An alien described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). (3) Parents.-- (A) In general.--In the case of an alien who was the parent of a citizen of the United States at the time of the citizen's death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by that service, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)), to remain an immediate relative after the date of the citizen's death (regardless of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date. (B) Petitions.--An alien described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). (C) Exception.--Notwithstanding section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), for purposes of this paragraph, a citizen described in subparagraph (A) does not have to be 21 years of age for a parent to benefit under this paragraph. (b) Applications for Adjustment of Status by Surviving Spouses, Children, and Parents.-- (1) In general.--Notwithstanding subsections (a) and (c) of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255), any alien who was the spouse, child, or parent of an alien described in paragraph (2), and who applied for adjustment of status prior to the death described in paragraph (2)(B), may have such application adjudicated as if such death had not occurred. (2) Alien described.--An alien is described in this paragraph if the alien-- (A) served honorably in an active duty status in the military, air, or naval forces of the United States; (B) died as a result of injury or disease incurred in or aggravated by that service; and (C) was granted posthumous citizenship under section 329A of the Immigration and Nationality Act (8 U.S.C. 1440-1). (c) Spouses and Children of Lawful Permanent Resident Aliens.-- (1) Treatment as immediate relatives.-- (A) In general.--A spouse or child of an alien described in paragraph (3) who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that was filed by such alien, shall be considered (if the spouse or child has not been admitted or approved for lawful permanent residence by such date) a valid petitioner for immediate relative status under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall be eligible for deferred action, advance parole, and work authorization. (B) Petitions.--An alien spouse or child described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). (2) Self-petitions.--Any spouse or child of an alien described in paragraph (3) who is not a beneficiary of a petition for classification as a family-sponsored immigrant may file a petition for such classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland Security, but only if the spouse or child files a petition within 2 years after such date. Such spouse or child shall be eligible for deferred action, advance parole, and work authorization. (3) Alien described.--An alien is described in this paragraph if the alien-- (A) served honorably in an active duty status in the military, air, or naval forces of the United States; (B) died as a result of injury or disease incurred in or aggravated by that service; and (C) was granted posthumous citizenship under section 329A of the Immigration and Nationality Act (8 U.S.C. 1440-1). (d) Parents of Lawful Permanent Resident Aliens.-- (1) Self-petitions.--Any parent of an alien described in paragraph (2) may file a petition for classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), but only if the parent files a petition within 2 years after such date. For purposes of such Act, such petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). Such parent shall be eligible for deferred action, advance parole, and work authorization. (2) Alien described.--An alien is described in this paragraph if the alien-- (A) served honorably in an active duty status in the military, air, or naval forces of the United States; (B) died as a result of injury or disease incurred in or aggravated by that service; and (C) was granted posthumous citizenship under section 329A of the Immigration and Nationality Act (8 U.S.C. 1440-1). (e) Adjustment of Status.--Notwithstanding subsections (a) and (c) of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255), an alien physically present in the United States who is the beneficiary of a petition under paragraph (1), (2)(B), or (3)(B) of subsection (a), paragraph (1)(B) or (2) of subsection (c), or subsection (d)(1) of this section, may apply to the Secretary of Homeland Security for adjustment of status to that of an alien lawfully admitted for permanent residence. (f) Waiver of Certain Grounds of Inadmissibility.--In determining the admissibility of any alien accorded an immigration benefit under this section, the grounds for inadmissibility specified in paragraphs (4), (6), (7), and (9) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (g) Benefits to Survivors; Technical Amendment.--Section 329A of the Immigration and Nationality Act (8 U.S.C. 1440-1) is amended-- (1) by striking subsection (e); and (2) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''. (h) Technical and Conforming Amendments.--Section 319(d) of the Immigration and Nationality Act (8 U.S.C. 1430(d)) is amended-- (1) by inserting ``, child, or parent'' after ``surviving spouse''; (2) by inserting ``, parent, or child'' after ``whose citizen spouse''; and (3) by striking ``who was living'' and inserting ``who, in the case of a surviving spouse, was living''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect as if enacted on September 11, 2001.

Naturalization and Family Protection for Military Members Act of 2003 - Amends the Immigration and Nationality Act respecting naturalization through service in the armed forces to: (1) reduce the required service from three years to two years; (2) prohibit the imposition of a naturalization fee; and (3) qualify the Selective Reserve of the Ready Reserve for such benefits.Provides for overseas naturalization proceedings for members of the armed forces.Retains immediate relative status for the alien wife, child, or parent of a U.S. citizen who died from injury or disease incurred while serving honorably on active military service. (Requires petition filing within two years of such death.)States that an application for status adjustment by the alien wife, child, or parent of an alien member of the armed forces who was granted service-related posthumous citizenship may be adjudicated as if the death had not occurred. (Requires application filing prior to such death.)Treats the spouse, child, or parent of a lawful permanent resident who was granted service-related posthumous citizenship as a valid petitioner for immediate family status. (Requires parent filing within two years of such death.)Permits such aliens to apply for permanent resident status adjustment.Waives specified grounds of inadmissibility.

To change the requirements for naturalization through service in the Armed Forces of the United States, to extend naturalization benefits to members of the Ready Reserve of a reserve component of the Armed Forces, to extend posthumous benefits to surviving spouses, children, and parents, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Service Recognition Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Many Americans are unaware that there are thousands of civilian Federal employees serving the Nation in the dangerous theaters of war in both Iraq and Afghanistan, and elsewhere, in the Global War on Terror. (2) These employees voluntarily risk their lives to serve the Nation overseas and support the cause of freedom. (3) The patriotism of these employees does not begin or end in a uniform, but flows from the shining example of many of the Nation's founding fathers, who, while not serving in the military, sacrificed everything for the sake of liberty. (4) In light of the new and unconventional warfare that characterizes the Global War on Terror, it is no surprise that thousands of these employees endure danger and injury, and tragically death, while serving beside the Nation's troops. (5) These brave employees serve the Nation openly and clandestinely, contributing to the cause of freedom and democracy in Iraq and Afghanistan and preserving the security of the United States. (6) The dedication and service of these employees exemplify the giving nature of the United States, as well as the resolve of the Nation, to spread democracy, freedom, and peace throughout the world. (7) These valiant employees, who have lived and died beside the Nation's troops in war zones in the support of freedom, should be honored with a presentation of a flag from a Nation grateful for their service. SEC. 3. FLAG CEREMONY FOR CIVILIAN FEDERAL EMPLOYEES WHO DIE IN COMBAT ZONES. (a) In General.--Subject to the requirements of this section, the head of an executive agency shall furnish, upon receipt of a request under subsection (b), a flag of the United States to drape the casket of an individual who-- (1) was an employee of the agency engaged in the performance of one or more functions in support of military operations; (2) was located or stationed in a combat zone while so engaged in the course of the individual's employment; and (3) died while physically present in the combat zone during the period in which the individual was so engaged. (b) Request for Flags.--The head of an executive agency shall furnish a flag for a deceased individual under subsection (a) upon the request of-- (1) the deceased individual's next of kin; or (2) a close friend or associate of the deceased individual if no request is made for the flag by the next of kin. (c) Presentation of Flag.--After the burial of an individual described in subsection (a), the head of an executive agency shall present a flag furnished under subsection (a) to an individual making a request under subsection (b). (d) Manner of Ceremony.--A flag shall be furnished and presented under this section in the same manner as a flag furnished and presented on behalf of a member of the Armed Services dying in active duty. (e) Limitation on Flags Provided.--If a flag furnished under subsection (a) is given to an individual described in subsection (b)(2), no flag shall be given to any other person on account of the death of such individual. (f) Classified Information.--The head of an executive agency may disclose information necessary to show that the deceased individual is an individual described in subsection (a) to the extent that such information is not classified and to the extent that such disclosure does not endanger the national security of the United States. SEC. 4. EMPLOYEE NOTIFICATION OF FLAG CEREMONY BENEFIT. The head of an executive agency shall notify employees of the agency who are located or stationed in a combat zone for purposes of the performance of one or more functions in support of military operations of the flag ceremony benefit provided for under section 3. SEC. 5. DEFINITIONS. In this Act, the following definitions apply: (1) Combat zone.--The term ``combat zone'' means an area in which a member of the uniformed service on duty in such area may qualify for special pay under section 310 of title 37, United States Code. (2) Employee.--The term ``employee'' has the meaning given that term in section 2105 of title 5, United States Code, and includes employees of and donors of volunteer services to temporary organizations under section 3161 of such title. (3) Executive agency.--The term ``executive agency'' has the meaning given the term ``Executive agency'' in section 501 of title 5, United States Code.

Civilian Service Recognition Act of 2006 - Requires executive agencies to furnish a U.S. flag to drape the casket of a civilian federal employee who dies in a combat zone, upon request of the deceased's next of kin or a close associate of the deceased. Requires notification of federal civilian employees who are located or stationed in a combat zone to perform one or more functions in support of military operations of the flag ceremony benefit provided for under this Act.

To authorize the presentation of flags at the funerals of civilian Federal employees engaged in the support of military operations who have died in combat zones in the course of their duties.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Traumatic Brain Injury and Spinal Cord Injury Registry Act''. SEC. 2. FINDINGS. Congress finds that-- (1) traumatic brain and spinal cord injury are severe and disabling, have enormous personal and societal costs; (2) 51,000 people die each year from traumatic brain injury and 4,500,000 people live with lifelong and severe disability as a result of a traumatic brain injury; (3) approximately 10,000 people sustain spinal cord injuries each year, and 200,000 live with life-long and severe disability; and (4) a nationwide system of registries will help better define-- (A) who sustains such injuries and the impact of such injuries; (B) the range of impairments and disability associated with such injuries; and (C) better mechanisms to refer persons with traumatic brain injuries or spinal cord injuries to available services. SEC. 3. TRAUMATIC BRAIN INJURY AND SPINAL CORD INJURY REGISTRIES PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``Part O--National Program for Traumatic Brain Injury and Spinal Cord Injury Registries ``SEC. 399N. NATIONAL PROGRAM FOR TRAUMATIC BRAIN INJURY AND SPINAL CORD INJURY REGISTRIES. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States or their designees to operate the State's traumatic brain injury and spinal cord injury registry, and to academic institutions to conduct applied research that will support the development of such registries, to collect data concerning-- ``(1) demographic information about each traumatic brain injury or spinal cord injury; ``(2) information about the circumstances surrounding the injury event associated with each traumatic brain injury and spinal cord injury; ``(3) administrative information about the source of the collected information, dates of hospitalization and treatment, and the date of injury; ``(4) information characterizing the clinical aspects of the traumatic brain injury or spinal cord injury, including the severity of the injury, the types of treatments received, and the types of services utilized; ``(5) information on the outcomes associated with traumatic brain injuries and spinal cord injuries, such as impairments, functional limitations, and disability; ``(6) information on the outcomes associated with traumatic brain injuries and spinal cord injuries which do not result in hospitalization; and ``(7) other elements determined appropriate by the Secretary. ``(b) Eligibility for Grants.-- ``(1) In general.--No grant shall be made by the Secretary under subsection (a) unless an application has been submitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such a manner, and be accompanied by such information, as the Secretary may specify. No such application may be approved unless it contains assurances that the applicant will use the funds provided only for the purposes specified in the approved application and in accordance with the requirements of subsection (a), that the application will establish such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting of Federal funds paid to the applicant under subsection (a) of this section, and that the applicant will comply with review requirements under sections 491 and 492. ``(2) Establishment of registries.--Each applicant, prior to receiving Federal funds under subsection (a), shall provide for the establishment of a registry that will-- ``(A) comply with appropriate standards of completeness, timeliness, and quality of data collection; ``(B) provide for periodic reports of traumatic brain injury and spinal cord injury registry data; and ``(C) provide for the authorization under State law of the statewide traumatic brain injury and spinal cord injury registry, including promulgation of regulations providing-- ``(i) a means to assure timely and complete reporting of brain injuries and spinal cord injuries (as described in subsection (a)) to the statewide traumatic brain injury and spinal cord injury registry by hospitals or other facilities providing diagnostic or acute care or rehabilitative social services to patients with respect to traumatic brain injury and spinal cord injury; ``(ii) a means to assure the complete reporting of brain injuries and spinal cord injuries (as defined in subsection (a)) to the statewide traumatic brain injury and spinal cord injury registry by physicians, surgeons, and all other health care practitioners diagnosing or providing treatment for traumatic brain injury and spinal cord injury patients, except for cases directly referred to or previously admitted to a hospital or other facility providing diagnostic or acute care or rehabilitative services to patients in that State and reported by those facilities; ``(iii) a means for the statewide traumatic brain injury and spinal cord injury registry to access all records of physicians and surgeons, hospitals, outpatient clinics, nursing homes, and all other facilities, individuals, or agencies providing such services to patients which would identify cases of traumatic brain injury or spinal cord injury or would establish characteristics of the injury, treatment of the injury, or medical status of any identified patient; and ``(iv) for the reporting of traumatic brain injury and spinal cord injury case data to the statewide traumatic brain injury and spinal cord injury registry in such a format, with such data elements, and in accordance with such standards of quality timeliness and completeness, as may be established by the Secretary. ``(3) Applied research.--Applicants for applied research shall conduct applied research as determined by the Secretary, acting through the Director of the Centers for Disease Control and Prevention, to be necessary to support the development of registry activities as defined in this section. ``(4) Assurances for confidentiality of registry data.-- Each applicant shall provide to the satisfaction of the Secretary for-- ``(A) a means by which confidential case data may in accordance with State law be disclosed to traumatic brain injury and spinal cord injury researchers for the purposes of the prevention, control and research of brain injuries and spinal cord injuries; ``(B) the authorization or the conduct, by the statewide traumatic brain injury and spinal cord injury registry or other persons and organizations, of studies utilizing statewide traumatic brain injury and spinal cord injury registry data, including studies of the sources and causes of traumatic brain injury and spinal cord injury, evaluations of the cost, quality, efficacy, and appropriateness of diagnostic, rehabilitative, and preventative services and programs relating to traumatic brain injury and spinal cord injury, and any other clinical, epidemiological, or other traumatic brain injury and spinal cord injury research; ``(C) the protection of individuals complying with the law, including provisions specifying that no person shall be held liable in any civil action with respect to a traumatic brain injury and spinal cord injury case report provided to the statewide traumatic brain injury and spinal cord injury registry, or with respect to access to traumatic brain injury and spinal cord injury case information provided to the statewide traumatic brain injury and spinal cord injury registry; and ``(D) the protection of individual privacy and confidentiality consistent with Federal and State laws. ``SEC. 399O. TECHNICAL ASSISTANCE IN OPERATIONS OF STATEWIDE REGISTRIES. ``The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may, directly or through grants and contracts, or both, provide technical assistance to the States in the establishment and operation of statewide registries, including assistance in the development of model legislation for statewide traumatic brain injury and spinal cord injury registries and assistance in establishing a computerized reporting and data processing system. In providing such assistance, the Secretary shall encourage States to utilize standardized procedures where appropriate. ``SEC. 399P. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this part, there are authorized to be appropriated $10,000,000 for fiscal year 1999, and such sums as may be necessary for each of the fiscal years 2000 through 2004. ``SEC. 399Q. DEFINITIONS. ``In this part: ``(1) Spinal cord injury.--The term `spinal cord injury' means an acquired injury to the spinal cord. Such term does not include spinal cord dysfunction caused by congenital or degenerative disorders, vascular disease, or tumors, or spinal column fractures without a spinal cord injury. ``(2) Traumatic brain injury.--The term `traumatic brain injury' means an acquired injury to the brain, including brain injuries caused by anoxia due to near-drowning. Such term does not include brain dysfunction caused by congenital or degenerative disorders, cerebral vascular disease, tumors, or birth trauma. The Secretary may revise the definition of such term as the Secretary determines appropriate.''.

Traumatic Brain Injury and Spinal Cord Injury Registry Act - Amends the Public Health Service Act to authorize grants to: (1) States or their designees to operate the State's traumatic brain injury and spinal cord injury registry; and (2) academic institutions to conduct applied research to support the registries. Regulates registry data confidentiality. Authorizes technical assistance, directly or through grants and contracts, regarding the registries and regarding development of model legislation. Authorizes appropriations.

Traumatic Brain Injury and Spinal Cord Injury Registry Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Lock-box Act of 2001''. SEC. 2. PROTECTION OF SOCIAL SECURITY SURPLUSES. Section 201 of the concurrent resolution on the budget for fiscal year 2001 (H. Con. Res. 290, 106th Congress) is amended as follows: (1) By striking subsection (c) and inserting the following new subsection: ``(c) Lock-Box for Social Security Surpluses.-- ``(1) Concurrent resolutions on the budget.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, an amendment thereto, or conference report thereon, that would set forth a surplus for any fiscal year that is less than the surplus of the Federal Old-Age and Survivors Insurance Trust Fund for that fiscal year. ``(2) Spending and tax legislation.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if-- ``(A)(i) in the House, the enactment of that bill or resolution as reported; or ``(ii) in the Senate, the enactment of that bill or resolution; ``(B) the adoption and enactment of that amendment; or ``(C) the enactment of that bill or resolution in the form recommended in that conference report, would cause the surplus for any fiscal year covered by the most recently agreed to concurrent resolution on the budget to be less than the surplus of the Federal Old-Age and Survivors Insurance Trust Fund for that fiscal year.''. (2) By redesignating subsections (e) and (f) as subsections (g) and (h), respectively, and inserting after subsection (d) the following new subsections: ``(e) Enforcement.-- ``(1) Budgetary levels with respect to concurrent resolutions on the budget.--For purposes of enforcing any point of order under subsection (c)(1), the surplus for any fiscal year shall be-- ``(A) the levels set forth in the later of the concurrent resolution on the budget, as reported, or in the conference report on the concurrent resolution on the budget; and ``(B) adjusted to the maximum extent allowable under all procedures that allow budgetary aggregates to be adjusted for legislation that would cause a decrease in the surplus for any fiscal year covered by the concurrent resolution on the budget (other than procedures described in paragraph (2)(A)(ii)). ``(2) Current levels with respect to spending and tax legislation.--For purposes of enforcing any point of order under subsection (c)(2), the current levels of the surplus for any fiscal year shall be-- ``(A) calculated using the following assumptions-- ``(i) direct spending and revenue levels at the baseline levels underlying the most recently agreed to concurrent resolution on the budget; and ``(ii) for the budget year, discretionary spending levels at current law levels and, for outyears, discretionary spending levels at the baseline levels underlying the most recently agreed to concurrent resolution on the budget; and ``(B) adjusted for changes in the surplus levels set forth in the most recently agreed to concurrent resolution on the budget pursuant to procedures in such resolution that authorize adjustments in budgetary aggregates for updated economic and technical assumptions in the mid-session report of the Director of the Congressional Budget Office. ``(C) Such revisions shall be included in the first current level report on the congressional budget submitted for publication in the Congressional Record after the release of such mid-session report. ``(3) Disclosure of OASDI surplus.--For purposes of enforcing any point of order under subsection (c), the surplus of the Federal Old-Age and Survivors Insurance Trust Fund for a fiscal year shall be the level set forth in the later of the report accompanying the concurrent resolution on the budget (or, in the absence of such a report, placed in the Congressional Record prior to the consideration of such resolution) or in the joint explanatory statement of managers accompanying such resolution. ``(f) Additional Content of Reports Accompanying Budget Resolutions and of Joint Explanatory Statements.--The report accompanying any concurrent resolution on the budget and the joint explanatory statement accompanying the conference report on each such resolution shall include the levels of the surplus in the budget for each fiscal year set forth in such resolution and of the surplus or deficit in the Federal Old-Age and Survivors Insurance Trust Fund, calculated using the assumptions set forth in subsection (e)(2)(A).''. (3) In the first sentence of subsection (h) (as redesignated), by striking ``(1)''.

Social Security Lock-box Act of 2001 - Amends H. Con. Res. 290 (106th Congress) to replace a point of order in the House of Representatives or the Senate against consideration of any revision of such resolution or any concurrent budget resolution for FY 2002 that sets forth a deficit for any fiscal year with one that provides a point of order against consideration of: (1) any budget resolution that sets forth a surplus for any fiscal year that is less than the surplus of the Federal Old-Age and Survivors Insurance Trust Fund for such year; and (2) legislation that would cause the surplus for any fiscal year covered by the most recently agreed to budget resolution to be less than the surplus of the Fund for such year. Establishes the levels of surplus for purposes of enforcing the preceding points of order.

To amend the concurrent resolution on the budget for fiscal year 2001 to protect Social Security surpluses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Supplemental Assistance Act''. SEC. 2. INCREASE IN UNEMPLOYMENT COMPENSATION BENEFITS. (a) Federal-State Agreements.--Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (hereinafter in this section referred to as the ``Secretary''). Any State which is a party to an agreement under this section may, upon providing 30 days' written notice to the Secretary, terminate such agreement. (b) Provisions of Agreement.-- (1) Additional compensation.--Any agreement under this section shall provide that the State agency of the State will make payments of regular compensation to individuals in amounts and to the extent that they would be determined if the State law of the State were applied, with respect to any week for which the individual is (disregarding this section) otherwise entitled under the State law to receive regular compensation, as if such State law had been modified in a manner such that the amount of regular compensation (including dependents' allowances) payable for any week shall be equal to the amount determined under the State law (before the application of this paragraph) plus an additional $50. (2) Allowable methods of payment.--Any additional compensation provided for in accordance with paragraph (1) shall be payable either-- (A) as an amount which is paid at the same time and in the same manner as any regular compensation otherwise payable for the week involved; or (B) at the option of the State, by payments which are made separately from, but on the same weekly basis as, any regular compensation otherwise payable. (c) Nonreduction Rule.--An agreement under this section shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the method governing the computation of regular compensation under the State law of that State has been modified in a manner such that-- (1) the average weekly benefit amount of regular compensation which will be payable during the period of the agreement (determined disregarding any additional amounts attributable to the modification described in subsection (b)(1)) will be less than (2) the average weekly benefit amount of regular compensation which would otherwise have been payable during such period under the State law, as in effect on December 31, 2008. (d) Payments to States.-- (1) In general.-- (A) Full reimbursement.--There shall be paid to each State which has entered into an agreement under this section an amount equal to 100 percent of-- (i) the total amount of additional compensation (as described in subsection (b)(1)) paid to individuals by the State pursuant to such agreement; and (ii) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary). (B) Terms of payments.--Sums payable to any State by reason of such State's having an agreement under this section shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (2) Certifications.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. (3) Appropriation.--There are appropriated from the general fund of the Treasury, without fiscal year limitation, such sums as may be necessary for purposes of this subsection. (e) Applicability.-- (1) In general.--An agreement entered into under this section shall apply to weeks of unemployment-- (A) beginning after the date on which such agreement is entered into; and (B) ending before January 1, 2010. (2) Transition rule for individuals remaining entitled to regular compensation as of january 1, 2010.--In the case of any individual who, as of the date specified in paragraph (1)(B), has not yet exhausted all rights to regular compensation under the State law of a State with respect to a benefit year that began before such date, additional compensation (as described in subsection (b)(1)) shall continue to be payable to such individual for any week beginning on or after such date for which the individual is otherwise eligible for regular compensation. (3) Termination.--Notwithstanding any other provision of this subsection, no additional compensation (as described in subsection (b)(1)) shall be payable for any week beginning after June 30, 2010. (f) Fraud and Overpayments.--The provisions of section 4005 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2356) shall apply with respect to additional compensation (as described in subsection (b)(1)) to the same extent and in the same manner as in the case of emergency unemployment compensation. (g) Application to Other Unemployment Benefits.-- (1) In general.--Each agreement under this section shall include provisions to provide that the purposes of the preceding provisions of this section shall be applied with respect to unemployment benefits described in subsection (h)(3) to the same extent and in the same manner as if those benefits were regular compensation. (2) Eligibility and termination rules.--Additional compensation (as described in subsection (b)(1))-- (A) shall not be payable, pursuant to this subsection, with respect to any unemployment benefits described in subsection (h)(3) for any week beginning on or after the date specified in subsection (e)(1)(B), except in the case of an individual who was eligible to receive additional compensation (as so described) in connection with any regular compensation or any unemployment benefits described in subsection (h)(3) for any period of unemployment ending before such date; and (B) shall in no event be payable for any week beginning after the date specified in subsection (e)(3). (h) Definitions.--For purposes of this section-- (1) the terms ``compensation'', ``regulation compensation'', ``benefit year'', ``State'', ``State agency'', ``State law'', and ``week'' have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note); (2) the term ``emergency unemployment compensation'' means emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2353); and (3) any reference to unemployment benefits described in this paragraph shall be considered to refer to-- (A) extended compensation (as defined by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970); and (B) unemployment compensation (as defined by section 85(b) of the Internal Revenue Code of 1986) provided under any program administered by a State under an agreement with the Secretary.

Unemployment Supplemental Assistance Act - Provides for federal-state agreements for increased regular unemployment compensation payments to individuals. Requires federal payments to states to cover 100% of such additional payments.

To provide for certain temporary additional unemployment benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Pilot Hiring and Safety Act of 1996''. SEC. 2. EMPLOYMENT INVESTIGATIONS OF PILOTS. (a) In General.--Chapter 447 of title 49, United States Code, is amended by redesignating section 44723 as section 44724 and by inserting after section 44722 the following: ``Sec. 44723. Preemployment review of prospective pilot records ``(a) Pilot Records.-- ``(1) In general.--Before allowing an individual to begin service as a pilot, an air carrier shall request and receive the following information: ``(A) FAA records.--From the Administrator of the Federal Aviation Administration, information pertaining to the individual that is maintained by the Administrator concerning-- ``(i) current airman certificates (including airman medical certificates) and associated type ratings, including any limitations thereon; and ``(ii) summaries of legal enforcement actions which have resulted in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under this title and which have not been subsequently overturned. ``(B) Air carrier records.--From any air carrier (or the trustee in bankruptcy for the air carrier) that has employed the individual at any time during the 5- year period preceding the date of the employment application of the individual-- ``(i) records pertaining to the individual that are maintained by an air carrier (other than records relating to flight time, duty time, or rest time) under regulations set forth in-- ``(I) section 121.683 of title 14, Code of Federal Regulations; ``(II) paragraph (A) of section VI, appendix I, part 121 of such title; ``(III) paragraph (A) of section IV, appendix J, part 121 of such title; ``(IV) section 125.401 of such title; and ``(V) section 135.63(a)(4) of such title; and ``(ii) other records pertaining to the individual that are maintained by the air carrier concerning-- ``(I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance with section 121.411, 125.295, or 135.337 of such title; ``(II) any disciplinary action relating to the training, qualifications, proficiency, or professional competence of the individual which was taken by the air carrier with respect to the individual and which was not subsequently overturned by the air carrier; and ``(III) any release from employment or resignation, termination, or disqualification with respect to employment. ``(C) National driver register records.--From the chief driver licensing official of a State, information concerning the motor vehicle driving record of the individual in accordance with section 30305(b)(7) of this title. ``(2) 5-year reporting period.--A person is not required to furnish a record in response to a request made under paragraph (1) if the record was entered more than 5 years before the date of the request, unless the information is about a revocation or suspension of an airman certificate or motor vehicle license that is still in effect on the date of the request. ``(3) Requirement to maintain records.--The Administrator and each air carrier (or the trustee in bankruptcy for the air carrier) shall maintain pilot records described in paragraph (1) for a period of at least 5 years. ``(4) Written consent for release.--Neither the Administrator nor any air carrier may furnish a record in response to a request made under paragraph (1) (A) or (B) without first obtaining the written consent of the individual whose records are being requested. ``(5) Deadline for provision of information.--A person who receives a request for records under paragraph (1) shall furnish, on or before the 30th day following the date of receipt of the request (or on or before the 30th day following the date of obtaining the written consent of the individual in the case of a request under paragraph (1) (A) or (B)), all of the records maintained by the person that have been requested. ``(6) Right to receive notice and copy of any record furnished.--A person who receives a request for records under paragraph (1) shall provide to the individual whose records have been requested-- ``(A) on or before the 20th day following the date of receipt of the request, written notice of the request and of the individual's right to receive a copy of such records; and ``(B) in accordance with paragraph (9), a copy of such records, if requested by the individual. ``(7) Reasonable charges for processing requests and furnishing copies.--A person who receives a request for records under paragraph (1) or (9) may establish a reasonable charge for the cost of processing the request and furnishing copies of the requested records. ``(8) Right to correct inaccuracies.--An air carrier that receives the records of an individual under paragraph (1)(B) shall provide the individual with a reasonable opportunity to submit written comments to correct any inaccuracies contained in the records before making a final hiring decision with respect to the individual. ``(9) Right of pilot to review certain records.-- Notwithstanding any other provision of a law or agreement, an air carrier shall, upon written request from a pilot employed by such carrier, make available, within a reasonable time of the request, to the pilot for review any and all employment records referred to in paragraph (1)(B) pertaining to the pilot's employment. ``(10) Privacy protections.-- ``(A) Use of records.--An air carrier or employee of an air carrier that receives the records of an individual under paragraph (1) may use such records only to assess the qualifications of the individual in deciding whether or not to hire the individual as a pilot. ``(B) Required actions.--Subject to subsection (c), the air carrier or employee of an air carrier shall take such actions as may be necessary to protect the privacy of the pilot and the confidentiality of the records, including ensuring that the information contained in the records is not divulged to any individual that is not directly involved in the hiring decision. ``(C) Individuals not hired.--If the individual is not hired, the air carrier shall destroy or return the records of the individual received under paragraph (1); except that the air carrier may retain any records needed to defend its decisions not to hire the individual. ``(11) Standard forms.--The Administrator may promulgate-- ``(A) standard forms which may be used by an air carrier to request the records of an individual under paragraph (1); and ``(B) standard forms which may be used by a person who receives a request for records under paragraph (1) to obtain the written consent of the individual and to inform the individual of the request and of the individual's right to receive a copy of any records furnished in response to the request. ``(12) Regulations.--The Administrator may prescribe such regulations as may be necessary-- ``(A) to protect the personal privacy of any individual whose records are requested under paragraph (1) and to protect the confidentiality of those records; ``(B) to preclude the further dissemination of records received under paragraph (1) by the air carrier who requested them; and ``(C) to ensure prompt compliance with any request under paragraph (1). ``(b) Limitation on Liability; Preemption of State and Local Law.-- ``(1) Limitation on liability.--No action or proceeding may be brought by or on behalf of an individual who is seeking a position with an air carrier as a pilot against-- ``(A) the air carrier for requesting the individual's records under subsection (a)(1); ``(B) a person who has complied with such request and in the case of a request under subsection (a)(1) (A) or (B) has obtained the written consent of the individual; ``(C) a person who has entered information contained in the individual's records; or ``(D) an agent or employee of a person described in subparagraph (A) or (B); in the nature of an action for defamation, invasion of privacy, negligence, interference with contract, or otherwise, or under any Federal, State, or local law with respect to the furnishing or use of such records in accordance with subsection (a). ``(2) Preemption.--No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law, regulation, standard, or other provision having the force and effect of law that prohibits, penalizes, or imposes liability for furnishing or using records in accordance with subsection (a). ``(3) Provision of knowingly false information.--Paragraphs (1) and (2) shall not apply with respect to a person that furnishes in response to a request made under subsection (a)(1) information that the person knows is false. ``(c) Limitation on Statutory Construction.--Nothing in this section shall be construed as precluding the availability of the records of a pilot in an investigation or other proceeding concerning an accident or incident conducted by the Secretary, the National Transportation Safety Board, or a court.''. (b) Chapter Analysis Amendment.--The analysis for chapter 447 of such title is amended by striking ``44723. Annual report.'' and inserting ``44723. Preemployment review of prospective pilot records. ``44724. Annual report.''. (c) Conforming Amendment.--Section 30305(b) of such title is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following: ``(7) An individual who is employed or seeking employment by an air carrier as a pilot may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the individual's prospective employer or to the Secretary of Transportation. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 5 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.''. (d) Civil Penalties.--Section 46301 of such title is amended by inserting ``44723,'' after ``44716,'' in each of subsections (a)(1)(A), (a)(2)(A), (d)(2), and (f)(1)(A)(i). (e) Applicability.--The amendments made by this section shall apply to any air carrier hiring an individual as a pilot on or after the 30th day after the date of the enactment of this Act. SEC. 3. RULEMAKING TO ESTABLISH MINIMUM STANDARDS FOR PILOT QUALIFICATIONS. Not later than 18 months after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a notice of a proposed rulemaking to establish-- (1) minimum standards and criteria for preemployment screening tests measuring the biographical factors (psychomotor coordination), general intellectual capacity, instrument and mechanical comprehension, and physical fitness of an applicant for employment as a pilot by an air carrier; and (2) minimum standards and criteria for pilot training facilities which will be licensed by the Administrator and which will assure that pilots trained at such facilities meet the preemployment screening standards and criteria described in paragraph (1). SEC. 4. SHARING ARMED SERVICES RECORDS. (a) Study.--The Administrator of the Federal Aviation Administration, in conjunction with the Secretary of Defense, shall conduct a study to determine the relevance and appropriateness of requiring the Secretary of Defense to provide to an air carrier, upon request in connection with the hiring of an individual as a pilot, records of the individual concerning the individual's training, qualifications, proficiency, professional competence, or terms of discharge from the Armed Forces. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall transmit to Congress a report on the results of the study. SEC. 5. MINIMUM FLIGHT TIME. (a) Study.--The Administrator of the Federal Aviation Administration shall conduct a study to determine whether current minimum flight time requirements applicable to individuals seeking employment as a pilot with an air carrier are sufficient to ensure public safety. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall transmit to Congress a report on the results of the study. Passed the House of Representatives July 22, 1996. Attest: ROBIN H. CARLE, Clerk.

Airline Pilot Hiring and Safety Act of 1996 - Amends Federal aviation law to require air carriers to request and receive a pilot applicant's record for the previous five years with respect to: (1) current airman certificate, including any summaries of legal enforcement actions; (2) employment; and (3) motor vehicle driving record. Prohibits any Federal or State court action for defamation or invasion of privacy against any carrier or person with respect to the furnishing or use of such records according to the requirements of this Act. Directs the Administrator of the Federal Aviation Administration (FAA) to issue a notice of proposed rulemaking to establish certain minimum standards for pilot qualifications for employment. Directs the Administrator of the FAA to study and report to the Congress on: (1) the appropriateness of requiring the Secretary of Defense to provide an air carrier with the armed services records of an applicant pilot; and (2) whether current minimum flight time requirements applicable to individuals seeking employment as pilots with air carriers are sufficient to ensure public safety.

Airline Pilot Hiring and Safety Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Millennium Compacts for Regional Economic Integration Act'' or ``M-CORE Act''. SEC. 2. PURPOSE. This purpose of this Act is to expand the Millennium Challenge Corporation's ability to develop compacts with countries, particularly in Africa, that promote regional economic integration and cross-border collaborations. SEC. 3. CANDIDATE COUNTRIES. (a) Low Income Countries.--Section 606(a) of the Millennium Challenge Act of 2003 (22 U.S.C. 7705(a)) is amended-- (1) in paragraph (1)(B), by striking ``(3)'' and inserting ``(4)''; (2) in paragraph (2)-- (A) in the heading, by striking ``Fiscal year 2005 and subsequent fiscal years'' and inserting ``Fiscal years 2005 through 2012''; and (B) by striking ``fiscal year 2005 or a subsequent fiscal year'' and inserting ``fiscal years 2005 through 2012''; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following: ``(3) Fiscal year 2013 and subsequent fiscal years.--A country shall be a candidate country for purposes of eligibility for assistance for fiscal year 2013 or a subsequent fiscal year if the country-- ``(A) has a per capita income equal to or less than the lower middle income country threshold established by the International Bank for Reconstruction and Development for the fiscal year; ``(B) is among the 75 countries identified by the International Bank for Reconstruction and Development as having the lowest per capita income; and ``(C) meets the requirements of paragraph (1)(B).''. (b) Lower Middle Income Countries.--Section 606(b) of the Millennium Challenge Act of 2003 (22 U.S.C. 7705(b)) is amended-- (1) in paragraph (1)-- (A) in the heading, by striking ``In general'' and inserting ``Fiscal years 2006 through 2012''; and (B) in the matter preceding subparagraph (A), by striking ``fiscal year 2006 or a subsequent fiscal year'' and inserting ``fiscal years 2006 through 2012''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) Fiscal year 2013 and subsequent fiscal years.--In addition to the countries described in subsection (a), a country shall be a candidate country for purposes of eligibility for assistance for fiscal year 2013 or a subsequent fiscal year if the country-- ``(A) has a per capita income equal to or less than the lower middle income country threshold established by the International Bank for Reconstruction and Development for the fiscal year; ``(B) is not among the 75 countries identified by the International Bank for Reconstruction and Development as having the lowest per capita income; and ``(C) meets the requirements of subsection (a)(1)(B).''. (c) Reclassification.--Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C. 7705) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Limitations on Reclassification.-- ``(1) For low income countries.--If the per capita income of a low income country that is a candidate country under subsection (a) changes during the fiscal year for which the country is eligible to receive assistance under this title such that the country would be reclassified as a lower middle income country under subsection (b), the country shall be deemed to continue to meet the per capita income requirements under subsection (a) for such fiscal year and the two subsequent fiscal years. ``(2) For lower middle income countries.--If the per capita income of a lower middle income country that is a candidate country under subsection (b) changes during the fiscal year for which the country is eligible to receive assistance under this title such that the country would be reclassified as a low income country under subsection (a), the country shall be deemed to continue to meet the per capita income requirements under subsection (b) for such fiscal year and the two subsequent fiscal years.''. SEC. 4. MILLENNIUM CHALLENGE COMPACT. (a) Concurrent Compacts.--Section 609 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708) is amended-- (1) by striking the first sentence of subsection (k); (2) by redesignating subsection (k) (as so amended) as subsection (l); and (3) by inserting after subsection (j) the following new subsection: ``(k) Concurrent Compacts.--An eligible country that has entered into and has in effect a Compact under this section may enter into and have in effect at the same time not more than one additional Compact in accordance with the requirements of this title if-- ``(1) one or both of the Compacts are or will be for purposes of regional economic integration, increased regional trade, or cross-border collaborations; and ``(2) the Board determines that the country is making considerable and demonstrable progress in implementing the terms of the existing Compact and supplementary agreements thereto.''. (b) Applicability.--The amendments made by subsection (a) apply with respect to Compacts entered into between the United States and an eligible country under the Millennium Challenge Act of 2003 before, on, or after the date of the enactment of this Act. (c) Conforming Amendment.--Section 613(b)(2)(A) of such Act (22 U.S.C. 7712(b)(2)(A)) is amended by striking ``the'' before ``Compact'' and inserting ``any''. SEC. 5. CONGRESSIONAL AND PUBLIC NOTIFICATION. Section 610 of the Millennium Challenge Act of 2003 (22 U.S.C. 7709) is amended to read as follows: ``SEC. 610. CONGRESSIONAL AND PUBLIC NOTIFICATION. ``(a) Congressional Consultations and Notifications.-- ``(1) In general.--The Board, acting through the Chief Executive Officer, shall consult with and notify the appropriate congressional committees not later than 15 days prior to taking any of the actions described in paragraph (2). ``(2) Actions described.--The actions described in this paragraph are the following: ``(A) Providing assistance for an eligible country under section 609(g). ``(B) Commencing negotiations with an eligible country to provide assistance for-- ``(i) a Compact under section 605; or ``(ii) an agreement under section 616. ``(C) Signing such a Compact or agreement. ``(D) Terminating assistance under such a Compact or agreement. ``(3) Additional requirement.--Any notification relating to the intent to negotiate and intent to sign a Compact or agreement shall include the projected economic rate of return for each project to be funded under such a Compact or agreement to the extent practicable and appropriate. ``(b) Congressional and Public Notification After Entering Into a Compact.--Not later than 10 days after entering into a Compact with an eligible country, the Board, acting through the Chief Executive Officer, shall-- ``(1) publish a copy of the text of the Compact on the Internet website of the Corporation; ``(2) provide a detailed summary and, upon request, copy of the text of the Compact to the appropriate congressional committees; and ``(3) publish in the Federal Register a detailed summary and notice of availability of the text of the Compact on the Internet website of the Corporation.''. SEC. 6. DISCLOSURE. (a) Requirement for Timely Disclosure.--Section 612(a) of the Millennium Challenge Act of 2003 (22 U.S.C. 7711(a)) is amended-- (1) in the subsection heading, by inserting ``Timely'' before ``Disclosure''; and (2) in the matter preceding paragraph (1)-- (A) by striking ``The Corporation'' and inserting ``Not later than 90 days after the last day of each fiscal quarter, the Corporation''; and (B) by striking ``on at least a quarterly basis,''. (b) Dissemination.--Section 612 of the Millennium Challenge Act of 2003 (22 U.S.C. 7711) is amended by striking (b) and inserting the following: ``(b) Dissemination.--The Board, acting through the Chief Executive Officer, shall make the information required to be disclosed under subsection (a) available to the public by publishing it on the Internet website of the Corporation, providing notice of the availability of such information in the Federal Register, and by any other methods that the Board determines to be appropriate.''.

Millennium Compacts for Regional Economic Integration Act or the M-CORE Act This bill amends the Millennium Challenge Act of 2003 to establish beginning with FY2013 new assistance criteria for a low-income or a lower middle income candidate country eligible to enter into a Millennium Challenge Compact with the United States. Such a country must: have a per capita income equal to or less than the lower middle income country threshold established by the International Bank for Reconstruction and Development for the fiscal year; be among the 75 countries identified by the Bank as having the lowest per capita income; and not be ineligible to receive U.S. economic assistance under part I of the Foreign Assistance Act of 1961. Reclassification limits are set forth as follows: if the per capita income of a low-income candidate country changes during the fiscal year so that it would be reclassified as a lower middle income country, it shall be deemed to continue to meet the per capita income requirements for that fiscal year and the two subsequent fiscal years; and if the per capita income of a lower middle income candidate country changes during the fiscal year so that it would be reclassified as a low-income country, it shall be deemed to continue to meet the per capita income requirements for that fiscal year and the two subsequent fiscal years. An eligible country that has entered into and has in effect a Millennium Challenge Compact may enter into and have in effect at the same time not more than one additional Compact if: one or both of the Compacts are or will be for purposes of regional economic integration, increased regional trade, or cross-border collaborations; and the country is making considerable and demonstrable progress in implementing the terms of the existing Compact. Congressional and public notification and disclosure provisions are revised.

M-CORE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Access to Clean Water Act of 2014''. SEC. 2. PROTECTION OF NAVIGABLE WATERS FROM CONTAMINATION BY CHEMICAL STORAGE FACILITIES. The Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.) is amended by adding at the end the following: ``TITLE VII--PROTECTION OF NAVIGABLE WATERS FROM CONTAMINATION BY CHEMICAL STORAGE FACILITIES ``SEC. 701. DEFINITIONS. ``In this title: ``(1) Aboveground storage tank.-- ``(A) In general.--For the purposes of this title, the term `aboveground storage tank' means any container, or set of connected containers, designed to contain fluids located at a covered chemical storage facility, constructed of materials including concrete, steel, plastic or fiberglass reinforced plastic and located on or above the ground surface. ``(B) Exclusions.--For the purposes of this title, the term `aboveground storage tank' does not include-- ``(i) any aboveground storage tank of 1,100 gallons or less capacity, unless that tank is greater than 500 gallons capacity and is located within 500 feet of a navigable water that is designated for use as a domestic water supply under section 303; or ``(ii) any aboveground storage tank that is subject to oversight and inspection requirements under a Federal or State law or regulation that is determined by the Administrator or the State as applicable under section 702(c) to be at least as stringent as the requirements of the program under section 702. ``(2) Chemical.--The term `chemical' means any substance or mixture of substances. ``(3) Covered chemical storage facility.-- ``(A) In general.--The term `covered chemical storage facility' means a facility at which a chemical is stored and the Administrator or State, as applicable, determines that a release of the chemical from the facility poses a risk of harm to a navigable water that is designated for use as a domestic water supply under section 303. ``(B) Exclusions.--The term `covered chemical storage facility' does not include a facility that is subject to a procedure, method, or other requirement for equipment to address hazardous substances pursuant to section 311(j)(1)(C). ``(C) Considerations.--In determining risk of harm posed by a chemical storage facility under subparagraph (A), the Administrator or State, as applicable, may consider the requirements of applicable Federal or State laws (including regulations). ``(4) State program.--The term `State program' means a chemical storage facility source water protection program established under section 702. ``SEC. 702. ESTABLISHMENT OF STATE PROGRAMS. ``(a) In General.--Not later than 1 year after the date of enactment of this title, the Administrator or each State exercising primary enforcement responsibility under section 702(c), as applicable, shall carry out, directly or through delegation, a chemical storage facility source water protection program to provide for the protection of navigable waters that are designated for use as domestic water sources under section 303 from a release of a chemical from a covered chemical storage facility. ``(b) Program Requirements.-- ``(1) In general.--A State program under subsection (a) shall provide for oversight and inspection of each covered chemical storage facility in accordance with the requirements described in paragraph (2) to prevent the release of chemicals into a navigable water that is designated for use as a domestic water source under section 303. ``(2) Minimum requirements.--At a minimum, a State program shall include-- ``(A) requirements for covered chemical storage facilities, including-- ``(i) acceptable standards of good design, construction, or maintenance; ``(ii) leak detection; ``(iii) spill and overfill control; ``(iv) inventory control; ``(v) an emergency response and communication plan; ``(vi) an employee training and safety plan; ``(vii) an inspection of the integrity of each covered chemical storage facility; ``(viii) lifecycle maintenance, including corrosion protection; ``(ix) notice to the Administrator, the appropriate State agency, and applicable operators of public water systems on the navigable water designated for use as a domestic water supply under section 303 of-- ``(I) the potential toxicity of the stored chemicals to humans and the environment; and ``(II) safeguards or other precautions that can be taken to detect, mitigate, or otherwise limit the adverse effects of a release of the stored chemicals; and ``(x) financial responsibility requirements, including proof of insurance, bond, or other similar instrument; ``(B) inspections of aboveground storage tanks at covered chemical storage facilities, which shall occur-- ``(i) for a covered chemical storage facility identified in a source water assessment area under section 1453 of the Safe Drinking Water Act (42 U.S.C. 300f et seq.), not less frequently than once every 3 years; and ``(ii) for any other covered chemical storage facility, not less frequently than once every 5 years; and ``(C) a comprehensive inventory of the covered chemical storage facilities in each State. ``(c) Administration.--A State program shall be carried out-- ``(1) if the State exercises primary enforcement responsibility for the issuance of permits under section 402(b), by the State; and ``(2) if the State does not exercise primary enforcement responsibility for the issuance of permits under section 402(b) in that State, by the Administrator. ``(d) Rule of Construction.--Nothing in this title shall preclude or deny the right of any State or political subdivision thereof or interstate agency to adopt or enforce standards for the oversight and inspection of covered chemical storage facilities that are more stringent than the minimum requirements in this section. ``(e) Technical Assistance.--Upon the request of a State exercising primary enforcement responsibility under section 702(c)(1), the Administrator may provide technical assistance to a State program in carrying out activities under this title. ``(f) Survey of Best Practices.--The Administrator shall within six months of the date in section 702(a)-- ``(1) prepare a report that surveys the State oversight and inspection programs provided for in this section and applicable regulations implementing such programs in place in each State; ``(2) submit a copy of this report to the Chairman and Ranking Member of the House Transportation and Infrastructure Committee and the Senate Environment and Public Works Committee; ``(3) make the report available to the public on the Administrator's Web site; and ``(4) provide a copy of the report to each State exercising primary enforcement responsibility under section 702(c)(1). ``SEC. 703. EMERGENCY POWERS. ``(a) Corrective Action Orders.--The Administrator under section 702(c)(2) or the State under section 702(c)(1), as applicable, may issue an order to the owner or operator of a covered chemical storage facility to carry out the requirements of this title. ``(b) Petitions.-- ``(1) In general.--In any case in which the Administrator or State as applicable under section 702(c) is authorized to act under subsection (a), the owner or operator of a public water system may-- ``(A) commence a civil action for appropriate equitable relief, including a restraining order or permanent or temporary injunction, to address any activity or facility that may present an imminent and substantial endangerment to the health of persons who are supplied by that public water system; or ``(B) petition the Administrator or State as applicable under section 702(c) to issue an order or commence a civil action under subsection (a). ``(2) Response.-- ``(A) In general.--Subject to subparagraph (B), not later than 30 days after the date on which the Administrator receives a petition under paragraph (1), the Administrator shall respond to the petition and initiate such action as the Administrator determines to be appropriate. ``(B) Special rule for emergencies.--If the owner or operator of a public water system submits the petition under paragraph (1) in response to an emergency, the Administrator shall respond not later than 72 hours after receipt of the petition. ``SEC. 704. COST RECOVERY. ``If costs have been incurred by the Administrator or the State, as applicable, for undertaking a response action under this title relating to the release of a chemical, the owner or operator of the covered chemical storage facility shall be liable to the Administrator or the State for those costs. ``SEC. 705. TRANSFER OF COVERED CHEMICAL STORAGE FACILITIES. ``Notwithstanding the inspection schedule under section 702(b)(2)(B), no person shall transfer a covered chemical storage facility unless-- ``(1) prior to the closing or completion of the transfer, the transferor submits to the transferee the results of a pre- transfer inspection of the integrity of the covered chemical storage facility, which shall be conducted pursuant to any requirements set by the Administrator under section 702(c)(2) or the State under section 702(c)(1), as applicable; and ``(2) the transferor or the transferee agrees to take appropriate measures to address the results of the pre-transfer inspection prior to the date that is 30 days after the date on which the covered chemical storage facility closes or is transferred. ``SEC. 706. INFORMATION SHARING. ``(a) Information for Operators of Domestic Water Systems on Navigable Waters.--The Administrator or State, as applicable, shall provide operators of domestic water systems on a navigable water that is designated for use as a domestic water source under section 303 with information relating to-- ``(1) emergency response plans for covered chemical storage facilities located within the same watershed as the domestic water system; and ``(2) an inventory of each chemical held at the covered chemical storage facilities described in paragraph (1). ``(b) Emergency Response Plans.--A copy of each emergency response plan submitted under section 702(b)(2)(A) shall be provided to-- ``(1) the Administrator (if the State exercises primary responsibility under section 702(c)(1)); and ``(2) the Secretary of Homeland Security. ``(c) Information.-- ``(1) In general.--The Administrator or a State, as applicable, may keep confidential information the Administrator or the State determines to be sensitive or present a security risk to a covered chemical storage facility. ``(2) Exceptions.--Paragraph (1) shall not-- ``(A) apply to public health information; or ``(B) prevent the sharing of information with the Administrator, the Secretary of Homeland Security, a public water system, or a public agency involved in emergency response. ``SEC. 707. PENALTIES FOR VIOLATIONS. ``Any person owning or operating a covered chemical storage facility who violates any applicable requirement or who fails or refuses to comply with an order issued by the Administrator or the State as applicable under this title, may, in an action brought in the appropriate United States District Court, be subject to a civil penalty not to exceed $15,000 for each day in which such violation occurs or failure to comply continues.''.

Ensuring Access to Clean Water Act of 2014 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Administrator of the Environmental Protection Agency (EPA) or a state exercising primary enforcement responsibility for National Pollutant Discharge Elimination System permit programs to carry out a state chemical storage facility source water protection program. Requires such a program to provide for oversight and inspection of each covered chemical storage facility in accordance with minimum requirements, described in this Act, to prevent the release of chemicals into a navigable water that is designated for use as a domestic water source. Defines "covered chemical storage facility" as a facility at which a chemical is stored and from which a release is determined to pose a risk of harm to such source. Prohibits this Act from precluding or denying the right of any state to adopt or enforce standards for the oversight and inspection of covered chemical storage facilities that are more stringent than this Act's minimum requirements. Requires the Administrator to report on a survey of states' best practices in oversight and inspection programs and applicable regulations implementing the programs. Authorizes the issuance of orders by the Administrator to carry out this Act. Authorizes an owner or operator of a public water system to commence, or to petition the Administrator to commence, a civil action for equitable relief to address possible imminent and substantial endangerment to the health of persons supplied by the water system. Provides a special rule to expedite the Administrator's response to a petition in emergency situations. Sets forth requirements concerning: (1) liability of a facility owner or operator for costs of response actions, (2) pre-transfer inspections of facilities, and (3) information for operators of domestic water systems on navigable waters regarding emergency response plans and chemical inventories. Establishes a civil penalty of up to $15,000 for each day in which an owner or operator of a covered facility violates this Act.

Ensuring Access to Clean Water Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security and Medicare Lock- box Act of 2001''. SEC. 2. PURPOSE. It is the purpose of this Act to put social security and Medicare solvency first, by prohibiting the use of social security surpluses, Medicare surpluses, and any other government surpluses for any purpose other than paying down publicly held debt, until legislation is enacted significantly extending the solvency of the social security and Medicare trust funds. SEC. 3. SURPLUSES RESERVED UNTIL SOCIAL SECURITY AND MEDICARE SOLVENCY LEGISLATION IS ENACTED. (a) In General.--Section 312 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(g) Surpluses Reserved Until Social Security and Medicare Solvency Legislation Is Enacted.-- ``(1) In general.--Until there is both a social security solvency certification and a Medicare solvency certification, it shall not be in order in the House of Representatives or the Senate to consider-- ``(A) any concurrent resolution on the budget, or conference report thereon or amendment thereto, that would use any portion of the baseline budget surpluses, or ``(B) any bill, joint resolution, amendment, motion, or conference report if-- ``(i) the enactment of that bill or resolution as reported, ``(ii) the adoption and enactment of that amendment, or ``(iii) the enactment of that bill or resolution in the form recommended in that conference report, would use any portion of the baseline budget surpluses. ``(2) Baseline budget surpluses.-- ``(A) In general.--For purposes of this subsection, the term `baseline budget surplus' means the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections made by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March. ``(B) Baseline budget projection.--For purposes of subparagraph (A), the term `baseline budget projection' means the projection described in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 of current year levels of outlays, receipts, and the surplus or deficit into the budget year and future years; except that outlays for programs subject to discretionary appropriations shall be projected at the lesser of any applicable statutory discretionary limits or the baseline level otherwise defined in such section 257. For purposes of this subsection, the baseline budget projection shall include both on-budget and off- budget outlays and receipts. ``(3) Use of portion of the baseline budget surpluses.--For purposes of this subsection, a portion of the baseline budget surpluses is used if, relative to the baseline budget projection-- ``(A) in the case of legislation affecting revenues, any net reduction in revenues in the current year or the budget year, or over the 5 or 10-year estimating periods beginning with the budget year, is not offset by reductions in direct spending, ``(B) in the case of legislation affecting direct spending, any net increase in direct spending in the current year or the budget year, or over such 5 or 10- year periods, is not offset by increases in revenues, and ``(C) in the case of an appropriations bill, there is a net increase in discretionary outlays in the current year or the budget year when the discretionary outlays from such bill are added to the discretionary outlays from all previously enacted appropriations bills. ``(4) Social security solvency certification.--For purposes of this subsection, the term `social security solvency certification' means a certification by the Board of Trustees of the Social Security Trust Funds that the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are, taken together, in actuarial balance for the 75-year period utilized in the most recent annual report of such Board of Trustees pursuant to section 201(c)(2) of the Social Security Act (42 U.S.C. 401(c)(2)). ``(5) Medicare solvency certification.--For purposes of this subsection, the term `Medicare solvency certification' means a certification by the Board of Trustees of the Federal Hospital Insurance Trust Fund that such Trust Fund is in actuarial balance for the 30-year period utilized in the most recent annual report of such Board of Trustees pursuant to section 1817(b) of the Social Security Act.'' (b) Super Majority Requirement.--(1) Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. (2) Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. SEC. 4. EFFECTIVE DATE. This Act shall take effect upon the date of its enactment and the amendments made by it shall apply only to fiscal year 2001 and subsequent fiscal years.

Social Security and Medicare Lock-box Act of 2001 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate, until there is both a social security and Medicare solvency certification by the Boards of Trustees of the social security and Federal Hospital Insurance Trust Funds, respectively, to consider: (1) any concurrent budget resolution that would use any portion of the baseline budget surpluses; or (2) any legislation or amendment if the enactment of such legislation or amendment would use any portion of such surpluses.Defines "baseline budget surplus" as the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March.Establishes conditions under which a portion of such surpluses is determined to be used in the case of legislation affecting revenues or direct spending or an appropriations bill.

To amend the Congressional Budget Act of 1974 to preserve all budget surpluses until legislation is enacted significantly extending the solvency of the Social Security and Medicare trust funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Information Privacy and Security Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``covered person'' means-- (A) a person that is subject to the jurisdiction of any of the Federal banking agencies; (B) a broker or dealer, or a person associated with a broker or dealer, as those terms are defined in the Securities Exchange Act of 1934; (C) an investment advisor, as that term is defined in section 202 of the Investment Advisors Act of 1940, and any officer, director, partner, copartner, or employee of such investment advisor; and (D) an investment company, as that term is defined in section 3 of the Investment Company Act of 1940, and any officer, director, partner, copartner, or employee of such investment company; and (2) the term ``Federal financial regulatory authorities'' means-- (A) each of the Federal banking agencies, as that term is defined in section 3(z) of the Federal Deposit Insurance Act; and (B) the Securities and Exchange Commission. SEC. 3. PRIVACY OF CONFIDENTIAL CUSTOMER INFORMATION. (a) Rulemaking.--The Federal financial regulatory authorities shall jointly issue final rules to protect the privacy of confidential customer information relating to the customers of covered persons, not later than 270 days after the date of enactment of this Act (and shall issue a notice of proposed rulemaking not later than 150 days after the date of enactment of this Act), which rules shall-- (1) define the term ``confidential customer information'' to be personally identifiable data that includes social security numbers, transactions, experiences, rejections, balances, maturity dates, payouts, and payout dates, of-- (A) deposit and trust accounts; (B) certificates of deposit; (C) securities holdings; and (D) insurance policies; (2) require that a covered person may not disclose or share any confidential customer information to or with any affiliate or agent of that covered person if the customer to whom the information relates has been provided written notice, as described in paragraphs (4) and (5), to the covered person prohibiting such disclosure or sharing-- (A) with respect to an individual that became a customer on or after the effective date of such rules, at the time at which the business relationship between the customer and the covered person is initiated; and (B) with respect to an individual that was a customer before the effective date of such rules, at such time thereafter that provides a reasonable and informed opportunity to the customer to prohibit such disclosure or sharing; (3) require that a covered person may not disclose or share any confidential customer information to or with any person that is not an affiliate or agent of that covered person unless the covered person has first-- (A) given written notice to the customer to whom the information relates, as described in paragraphs (4) and (5); and (B) obtained the informed written or electronic consent of that customer for such disclosures or sharing; (4) require that the covered person provide notices and consent acknowledgments to customers, as required by this section, in separate and easily identifiable and distinguishable form; (5) require that the covered person provide notice as required by this section to the customer to whom the information relates that describes what specific types of information would be disclosed or shared, and under what general circumstances, to what specific types of businesses or persons, and for what specific types of purposes such information could be disclosed or shared, and not less frequently than annually thereafter; (6) require that the customer to whom the information relates be provided with access to the confidential customer information that could be disclosed or shared so that the information may be reviewed for accuracy and corrected or supplemented; (7) require that, before a covered person may use any confidential customer information provided by a third party that engages, directly or indirectly, in activities that are financial in nature, as determined by the Federal financial regulatory authorities, the covered person shall take reasonable steps to assure that procedures that are substantially similar to those described in paragraphs (2) through (6) have been followed by the provider of the information (or an affiliate or agent of that provider); (8) establish a means of examination for compliance and enforcement of such rules and resolving consumer complaints; and (9) require financial institutions within the jurisdiction of the Federal financial regulatory authorities-- (A) to establish appropriate administrative, technical, and physical safeguards to ensure protection of the security and confidentiality of records of confidential customer information; and (B) to protect against any anticipated threats or hazards to the security or integrity of such records that could result in their unauthorized release or disclosure. (b) Limitation.--The rules prescribed pursuant to subsection (a) may not prohibit the release of confidential customer information-- (1) that is essential to processing a specific financial transaction that the customer to whom the information relates has authorized; (2) to a governmental, regulatory, or self-regulatory authority having jurisdiction over the covered financial entity for examination, compliance, or other authorized purposes; (3) to a court of competent jurisdiction; (4) to a consumer reporting agency, as defined in section 603 of the Fair Credit Reporting Act for inclusion in a consumer report that may be released to a third party only for a purpose permissible under section 604 of that Act; or (5) that is not personally identifiable. SEC. 4. CIVIL LIABILITY FOR NONCOMPLIANCE. (a) In General.--Any individual whose rights under this Act have been knowingly or negligently violated may bring a civil action to recover-- (1) such preliminary and equitable relief as the court determines to be appropriate; and (2) the greater of compensatory damages or liquidated damages of $5,000. (b) Punitive Damages.--In any action brought under this section in which the individual has prevailed because of a knowing violation of a provision of this Act, the court may, in addition to any relief awarded under subsection (a), award such punitive damages as may be warranted. (c) Attorney's Fees.--In the case of a civil action brought under subsection (a) in which the individual has substantially prevailed, the court may assess against the respondent a reasonable attorney's fee and other litigation costs and expenses (including expert fees) reasonably incurred. (d) Limitation.--No action may be commenced under this section more than 3 years after the date on which the violation was or should reasonably have been discovered. (e) Agency.--A principal is jointly and severally liable with the principal's agent for damages under this section for the actions of the principal's agent acting within the scope of the agency. (f) Additional Remedies.--The equitable relief or damages that may be available under this section shall be in addition to any other lawful remedy or award available. SEC. 5. RELATION TO STATE LAWS. (a) In General.--This Act shall not be construed as superseding, altering, or affecting the statutes, regulations, orders, or interpretations in effect in any State, except to the extent that such statutes, regulations, orders, or interpretations are inconsistent with the provisions of this Act, and then only to the extent of the inconsistency. (b) Greater Protection Under State Law.--For purposes of this Act, a State statute, regulation, order, or interpretation is not inconsistent with the provisions of this subtitle if the protection such statute, regulation, order, or interpretation affords any person is greater than the protection provided under this Act.

Permits an individual to bring a civil action, for punitive as well as compensatory or liquidated ($5,000) damages and attorneys fees, for violations of this Act.

Financial Information Privacy and Security Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Connect with Veterans Act of 2015''. SEC. 2. VOLUNTARY NATIONAL DIRECTORY OF VETERANS. (a) Program Required.-- (1) In general.--The Secretary of Veterans Affairs, in coordination with the Secretary of Defense, shall establish a program to facilitate outreach to veterans by covered entities. (2) Covered entities.--For purposes of this section, a covered entity is any of the following: (A) The Department of Veterans Affairs. (B) The agency or department of a State that is the primary agency or department of the State for the administration of benefits and services for veterans in the State. (C) A political subdivision of a State. (D) An Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)). (3) National directory.--To carry out the program required by paragraph (1), the Secretary of Veterans Affairs shall-- (A) establish a national directory of veterans as described in subsection (b); and (B) share information in the directory in accordance with subsection (c). (b) National Directory.-- (1) In general.--The Secretary of Veterans Affairs shall establish the national directory required by subsection (a)(3) using information received from the Secretary of Defense under subsection (d)(4). (2) Updates.--The Secretary of Veterans Affairs shall ensure that the national directory includes a mechanism by which a participating individual can update the information in the national directory that pertains to the participating individual. (3) Disenrollment.--The Secretary shall establish a mechanism by which a participating individual can indicate to the Secretary that the individual would no longer like to receive information from participating entities under the program. (4) Reenrollment.--The Secretary shall establish a mechanism for the inclusion of information in the national directory of individuals who were previously participating individuals but who had made an indication under paragraph (3) and subsequently indicate that they would like to receive information from participating entities under the program. (5) Privacy and security.--The Secretary shall take such actions as the Secretary considers appropriate to protect-- (A) the privacy of individuals participating in the program; and (B) the security of the information stored in the national directory. (6) Ebenefits.--The Secretary of Veterans Affairs may use the system and architecture of the eBenefits Internet website of the Department of Veterans Affairs to support and operate the national directory as the Secretary considers appropriate. (c) Outreach.-- (1) Sharing of directory information.-- (A) In general.--Except as provided in paragraph (2), in order to connect participating individuals with information about the programs they could be eligible for or services, support, and information they may be interested in receiving, the Secretary of Veterans Affairs may share, under the program established under subsection (a)(1), information in the national directory concerning such individuals with entities applicable to participating individuals. (B) Entities applicable to participating individuals.--For purposes of this subsection, an entity that is applicable to a participating individual is a covered entity from whom a participating individual has expressed interest in receiving information under the program. (C) Updated information.--In a case in which a participating individual updates the information pertaining to the participating individual under subsection (b)(2), the Secretary shall transmit such information to each entity applicable to the participating individual. (D) Notification of disenrollment.--In a case in which a participating individual indicates to the Secretary under subsection (b)(3) that the individual would no longer like to receive information from participating entities under the program, the Secretary shall inform each entity applicable to the participating individual that the individual would no longer like to receive information from the entity under the program. (2) Limitations.-- (A) Limitations on the secretary.-- (i) Information shared.--Under the program, the Secretary of Veterans Affairs may only share from the national directory the following: (I) The name of a participating individual. (II) The e-mail address of a participating individual. (III) The postal address of a participating individual. (IV) The phone number of a participating individual. (V) Information on the types of benefits and services for which a participating individual would like to receive communication and outreach, as collected under subsection (d)(2)(B)(iii). (ii) Prohibition on sale of information.-- The Secretary may not sell any information collected under this section. (iii) Entities.--The Secretary may not share any information collected under the program with any entity that is not a participating entity. (B) Limitations on participating entities.-- (i) Sharing with third-party and for-profit entities.--As a condition of participation in the program, a participating entity shall agree not to share any information the participating entity receives under the program with any third-party or for-profit entity. (ii) Purchases of products or services.--As a condition of participation in the program, a participating entity shall agree not to include in any information sent by the participating entity to a participating individual a requirement that the participating individual or the family of the participating individual purchase a product or service. (iii) Political communication.--As a condition of participation in the program, a participating entity shall agree not to use any information received under the program for any political communication. (3) Disenrollment by participating entities.--The Secretary shall establish a mechanism by which a participating entity may indicate to the Secretary that the participating entity would no longer like to receive information about participating individuals from the national directory. (4) Sense of congress.-- (A) Consolidation of requests.--It is the sense of Congress that covered entities described in subsection (a)(2)(C) who are located in the same region should work together in a manner such that only one of them requests receipt of information under the program. (B) Collaboration.--It is the sense of Congress that covered entities described in subsection (a)(2)(C) should work with third parties, such as veterans service organizations, military community groups, and other entities with an interest in assisting veterans, to develop the information the covered entities send to participating individuals under the program. (5) Publicity.--The Secretary shall develop a plan to publicize the program and inform covered entities of the benefits of participating in the program. (d) Collection of Contact Information.-- (1) In general.--To each member of the Armed Forces separating from service in the Armed Forces, the Secretary of Defense shall provide a form for the collection of information to be included in the national directory established under subsection (a). (2) Form.-- (A) Development.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, develop the form provided under paragraph (1). (B) Elements.--The form developed under subparagraph (A) shall allow a member of the Armed Forces who is in the process of separating from service in the Armed Forces to indicate the following: (i) Where the member intends to reside after separation. (ii) How the individual can best be contacted, such as a telephone number, an e- mail address, or a postal address. (iii) For which types of benefits and services the member would like to receive communication and outreach, such as health care, education, employment, and housing. (iv) From which of the following the member would like to receive the communication and outreach specified under clause (iii): (I) The Department of Veterans Affairs. (II) The agency or department of the State in which the member intends to reside after separation that is the primary agency or department of the State for the administration of benefits and services for veterans in the State. (III) A political subdivision of a State. (C) Notice.--The form developed under subparagraph (A) shall include notice of the following: (i) Information provided to agencies and departments described in subparagraph (B)(iv)(II) will only be provided as authorized and upon request by such agencies and departments. (ii) Political subdivisions of States that receive information under the program established under subsection (a) may-- (I) share such information with such nonprofit organizations as the political subdivisions consider appropriate; and (II) work with such organizations to provide the veterans with relevant information about benefits and services offered by such organizations. (iii) Information provided on the form developed under subparagraph (A) will never be sold, provided to a for-profit entity, or used to send any sort of political communication. (D) Manner.--The Secretary of Defense shall ensure that the form provided under paragraph (1) is not primarily electronic in nature. (3) Voluntary participation.--The Secretary of Defense shall ensure that completion of the form provided under paragraph (1) is voluntary and submittal of such form to the Secretary by a member of the Armed Forces shall be considered an indication to the Secretary that the member would like to receive information from participating entities under the program. (4) Transmittal of information to secretary of veterans affairs.--Not later than 30 days after the date on which a member of the Armed Forces who submitted information to the Secretary of Defense under this subsection separates from service in the Armed Forces, the Secretary of Defense shall transmit such information to the Secretary of Veterans Affairs. (5) Privacy and security.--The Secretary of Defense shall take such actions as the Secretary considers appropriate to protect-- (A) the privacy of individuals who submit information under this subsection; and (B) the security of such information-- (i) while it is in the possession of the Secretary; and (ii) while it is in transit to the Secretary of Veterans Affairs. (6) Integration with transition assistance program.--The Secretary of Defense and the Secretary of Labor shall jointly take such actions as the secretaries consider appropriate to integrate the collection of information under this subsection into the Transition Assistance Program. (e) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report on the program established under subsection (a)(1). (2) Contents.--The report submitted under paragraph (1) shall include an examination and assessment of the following: (A) The signup process and the effectiveness of the forms developed and provided under subsection (d). (B) The ways in which contact information is transferred from the Secretary of Defense to the Secretary of Veterans Affairs under the program and the plans of the secretaries to overcome challenges encountered by the secretaries in transferring such information. (C) The number of covered entities described in subsection (a)(2)(C) participating in the program and any challenges they report in receiving the contact information from the Secretary of Veterans Affairs under the program. (D) The effectiveness of efforts of the Secretary of Veterans Affairs and the Secretary of Defense to protect the personal information of participating individuals. (E) The effectiveness of efforts of covered entities described in subsection (a)(2)(C) to protect the personal information of participating individuals. (F) Whether additional limitations on the use of information collected under the program are necessary to protect participating individuals from unwanted contact, or contact that is inconsistent with the program. (G) Whether participating individuals are benefitting by participating in the program and whether changing the program would improve such benefits. (H) The overall participation in the program, utilization of the program, and how such participation and utilization could be improved. (I) Such other matters as the secretaries consider appropriate. (3) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means the following: (A) The Committee on Veterans' Affairs, the Committee on Armed Services, and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. (B) The Committee on Veterans' Affairs, the Committee on Armed Services, and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the House of Representatives. (f) Definitions.--In this section: (1) Participating entity.--The term ``participating entity'' means a covered entity that has indicated to the Secretary of Veterans Affairs that the covered entity would like to receive information about participating individuals from the national directory and has made no subsequent indication that the covered entity would like to stop receiving such information. (2) Participating individual.--The term ``participating individual'' means an individual with respect to whom information is stored in the national directory and who has indicated to the Secretary of Veterans Affairs or the Secretary of Defense that the individual would like to receive information from participating entities under the program and has made no subsequent indication that the individual would like to stop receiving such information.

Connect with Veterans Act of 2015 Requires the Department of Veterans Affairs (VA) to establish a program to facilitate VA outreach to veterans, primary state agencies for the administration of veterans' benefits and services, political subdivisions of states, and Indian tribes. Requires the VA, to carry out such program, to: (1) establish a national veterans directory, and (2) share directory information with any such entities from which a participating individual has expressed interest in receiving information. Prohibits: (1) the VA from selling information collected under this Act, (2) the VA or any participating entity from sharing such information with a non-participating entity, or (3) any participating entity from using any such information for any political communication or from requiring any participating individual to purchase any product or service. Requires the Department of Defense (DOD) to: (1) provide to each member of the Armed Forces separating from service a form for the collection of information to be included in the directory, (2) ensure that completion of the form is voluntary, and (3) take steps to protect the privacy of individuals and the security of information. Directs DOD and the Department of Labor jointly to take steps to integrate the collection of information under this Act into the Transition Assistance Program.

Connect with Veterans Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Religious Freedom Act of 1997''. SEC. 2. AMENDMENTS. (a) Definitions.--Section 701(j) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(j)) is amended-- (1) by inserting ``(1)'' after ``(j)''; (2) by inserting ``, after initiating and engaging in an affirmative and bona fide effort,'' after ``unable''; (3) by striking ``an employee's'' and all that follows through ``religious'' and insert ``an employee's religious''; and (4) by adding at the end the following: ``(2) As used in this subsection, the term `employee' includes a prospective employee. ``(3) As used in this subsection, the term `undue hardship' means an accommodation requiring significant difficulty or expense. For purposes of determining whether an accommodation requires significant difficulty or expense-- ``(A) an accommodation shall be considered to require significant difficulty or expense if the accommodation will result in the inability of an employee to perform the essential functions of the employment position of the employee; and ``(B) other factors to be considered in making the determination shall include-- ``(i) the identifiable cost of the accommodation, including the costs of loss of productivity and of retraining or hiring employees or transferring employees from one facility to another, in relation to the size and operating cost of the employer; ``(ii) the number of individuals who will need the particular accommodation to a religious observance or practice; and ``(iii) for an employer with multiple facilities, the degree to which the geographic separateness or administrative or fiscal relationship of the facilities will make the accommodation more difficult or expensive.''. (b) Employment Practices.--Section 703 of such Act (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o)(1) As used in this subsection: ``(A) The term `employee' includes a prospective employee. ``(B) The term `leave of general usage' means leave provided under the policy or program of an employer, under which-- ``(i) an employee may take leave by adjusting or altering the work schedule or assignment of the employee according to criteria determined by the employer; and ``(ii) the employee may determine the purpose for which the leave is to be utilized. ``(C) The term `undue hardship' has the meaning given the term in section 701(j)(3). ``(2) For purposes of determining whether an employer has committed an unlawful employment practice under this title by failing to provide a reasonable accommodation to the religious observance or practice of an employee, an accommodation by the employer shall not be deemed to be reasonable if such accommodation does not remove the conflict between employment requirements and the religious observance or practice of the employee. ``(3) An employer shall be considered to commit such a practice by failing to provide such a reasonable accommodation for an employee if the employer refuses to permit the employee to utilize leave of general usage to remove such a conflict solely because the leave will be used to accommodate the religious observance or practice of the employee. ``(4) It shall not be a defense to a claim of unlawful employment practice under this title for failure to provide a reasonable accommodation to a religious observance or practice of an employee that such accommodation would be in violation of a bona fide seniority system if, in order for the employer to reasonably accommodate such observance or practice-- ``(A) an adjustment would be made in the employee's work hours (including an adjustment that requires the employee to work overtime in order to avoid working at a time that abstention from work is necessary to satisfy religious requirements), shift, or job assignment, that would not be available to any employee but for such accommodation; or ``(B) the employee and any other employee would voluntarily exchange shifts or job assignments, or voluntarily make some other arrangement between the employees. ``(5)(A) An employer shall not be required to pay premium wages or confer premium benefits for work performed during hours to which such premium wages or premium benefits would ordinarily be applicable, if work is performed during such hours only to accommodate religious requirements of an employee. ``(B) As used in this paragraph-- ``(i) the term `premium benefit' means an employment benefit, such as seniority, group life insurance, health insurance, disability insurance, sick leave, annual leave, an educational benefit, or a pension, that is greater than the employment benefit due the employee for an equivalent period of work performed during the regular work schedule of the employee; and ``(ii) the term `premium wages' includes overtime pay and compensatory time off, premium pay for night, weekend, or holiday work, and premium pay for standby or irregular duty.''. SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by section 2 take effect on the date of enactment of this Act. (b) Application of Amendments.--The amendments made by section 2 do not apply with respect to conduct occurring before the date of enactment of this Act.

Workplace Religious Freedom Act of 1997 - Amends the Civil Rights Act of 1964 to modify the definition of "religion" to include all aspects of religious observance, practice, and belief unless, after initiating and engaging in an affirmative and bona fide effort, an employer demonstrates that it is unable to reasonably accommodate a religious observance or practice without undue hardship (action requiring significant difficulty or expense) on the conduct of the employer's business. Prohibits deeming an accommodation by the employer reasonable if the accommodation does not remove the conflict between employment requirements and the religious observance or practice. Excludes, in certain circumstances, a defense that the accommodation would be in violation of a seniority system. Prohibits requiring payment of premium wages for work performed during hours to which premium wages would ordinarily be applicable if work is performed during those hours only to accommodate religious requirements of an employee.

Workplace Religious Freedom Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``FAMS Augmentation Act of 2010''. SEC. 2. INCREASE IN THE NUMBER OF FEDERAL AIR MARSHALS. (a) Increase in Number of Federal Air Marshals.--Not later than September 30, 2012, and in accordance with subsection (b), the Assistant Secretary (Transportation Security Administration) shall increase the number of Federal air marshals so that not less than 1,750 additional Federal air marshals are hired and deployed, above the number of such marshals as of January 31, 2010, to ensure increased transportation security for inbound international flights. (b) Congressional Intent.--The goal of this Act is to increase the number of inbound flights with Federal air marshals onboard while maintaining Federal air marshal presence on domestic point-to-point flights at or above the level as of December 25, 2009. SEC. 3. TRAINING OF FEDERAL AIR MARSHALS. Section 44917 of title 49, United States Code, is amended by adding at the end the following: ``(e) Criminal Investigative Training Program.-- ``(1) New employee training.--Not later than 30 days after the date of enactment of the FAMS Augmentation Act of 2010, the Federal Air Marshal Service shall establish a policy requiring Federal air marshals hired after such date to complete the criminal investigative training program at the Federal Law Enforcement Training Center as part of basic training for Federal air marshals. ``(2) Existing employees.--A Federal air marshal who has previously completed the criminal investigative training program may not be required to repeat such program. ``(3) Alternative training.--Not later than 3 years after the date of enactment of the FAMS Augmentation Act of 2010, an air marshal hired before such date who has not completed the criminal investigative training program shall be required to attend an alternative training program, as determined by the Director of the Federal Law Enforcement Center, that provides the training necessary to bridge the gap between the mixed basic police training, the Federal air marshal programs already completed by the Federal air marshal, and the criminal investigative training provided through the criminal investigative training program. Any such alternative program shall be deemed to have met the standards of the criminal investigative training program. ``(4) Reservation of funds.--Of the amounts to be appropriated pursuant to section 6 of the FAMS Augmentation Act of 2010, $3,000,000 may be used to carry out this subsection for each of fiscal years 2011 and 2012. ``(5) Savings clause.--Nothing in this subsection shall be construed to reclassify Federal air marshals as criminal investigators.''. SEC. 4. OMBUDSMAN. Section 44917 of title 49, United States Code, is further amended by adding at the end the following: ``(f) Ombudsman.-- ``(1) Establishment.--The Assistant Secretary shall establish in the Federal Air Marshal Service an Office of the Ombudsman. ``(2) Appointment.--The head of the Office shall be the Ombudsman, who shall be appointed by the Assistant Secretary. ``(3) Duties.--The Ombudsman shall carry out programs and activities to improve morale, training, and quality of life issues in the Service, including through implementation of the recommendations of the Inspector General of the Department of Homeland Security and the Comptroller General. ``(4) Career reserved position.--The position of Ombudsman shall be treated as a career reserved position, as defined by section 3132(a)(8) of title 5, United States Code. ``(5) Reservation of funds.--Of the amounts to be appropriated pursuant to section 6 of the FAMS Augmentation Act of 2010, $1,000,000 may be used to carry out this subsection for each of fiscal years 2011 and 2012.''. SEC. 5. REPORTS. (a) Reports.--Beginning on December 31st of 2010 and every 6 months thereafter, until the Department has increased, by not less than an additional 1,750, the number of Federal air marshals the Assistant Secretary shall submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress of increasing the number of Federal air marshals under this Act, adopting the alternative criminal investigative training program, and implementing an ombudsman program for such marshals. (b) Report Summary.--The report shall include a summary of disciplinary personnel actions implemented against Federal air marshals by the Department of Homeland Security and complaints and lawsuits filed by Federal air marshals against the Department or its agents. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act and subsections (d) and (e) of section 44917 of title 49, United States Code, $190,000,000 for fiscal year 2011 and $172,000,000 for fiscal year 2012.

FAMS Augmentation Act of 2010 - Directs the Assistant Secretary of Homeland Security (DHS) for the Transportation Security Administration (TSA) to increase the number of federal air marshals by at least an additional 1,750 above the number of such marshals as of January 31, 2010, to ensure increased transportation security for inbound international flights. Declares the goal of this Act is to increase the number of inbound flights with federal marshals onboard while maintaining federal marshal presence on domestic point-to-point flights at or above December 25, 2009, levels. Directs the Federal Air Marshal Service (FAMS) to establish a policy requiring newly hired federal air marshals to complete as part of their basic training the criminal investigative training program at the Federal Law Enforcement Training Center. Requires federal air marshals hired before enactment of this Act who have not completed such program to attend an alternative training program. Directs the Assistant Secretary to establish in FAMS an Office of the Ombudsman.

To increase the number of Federal air marshals for certain flights, require criminal investigative training for such marshals, create an office and appoint an ombudsman for the marshals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Accountability and Corporate Responsibility Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) Substantial Federal funding, including roughly $8 billion through the American Recovery and Reinvestment Act (Public Law 111-5), has been or will be awarded to various States to make high-speed rail in the United States a reality. Significant additional Federal funding for high-speed rail is anticipated in the coming years. (2) Design, engineering, construction, operation, and maintenance of the rail lines, among other responsibilities, will be provided by any number of entities following competitive bidding processes at the various State levels. (3) High-speed rail offers tremendous economic, environmental, and other benefits. Specifically, high-speed rail will reduce travel time between population centers, remove millions of tons of carbon and other greenhouse gasses from the atmosphere, and provide jobs in engineering, construction, operations, maintenance, and other areas. (4) Given the substantial amount of Federal funds involved, it is critical that proper due diligence be performed on prospective bidders and it is imperative that companies receiving such Federal funds represent our shared commitment to human rights, respect, decency, and corporate ethics and responsibility. (5) Certain entities that have expressed an interest in competing for high-speed rail grants in a number of States have engaged in conduct which requires public disclosures and scrutiny. (6) Between March 1942 and August 1944, 75,000 Jews and thousands of other ``undesirables'' were deported from France to extermination and death camps on trains operated for profit by certain companies that have expressed an intent to compete for contracts relating to high-speed rail projects. United States airmen who were shot down over France were among the persons deported on these trains to those extermination and death camps such as Auschwitz and Buchenwald. (7) Tragically, the victims who were on these trains, many of whom now reside in the United States, and their families have yet to receive any measure of justice. Nonetheless, these victims and their families are facing the prospect that their Federal tax dollars may be awarded to a company responsible for transporting them and their loved ones to extermination and death camps for profit. SEC. 3. DEFINITIONS. In this Act: (1) Direct involvement.--The term ``direct involvement'' means ownership or operation of the trains on which individuals were deported to extermination camps, death camps, or any facility used for the purpose of transiting individuals to extermination or death camps, during the period beginning on January 1, 1942, and ending on December 31, 1944. (2) Entity.-- (A) In general.--The term ``entity'' means any corporation, affiliate, or other entity that controls, is controlled by or is under common control with, or that is a member of a partnership or a consortium with, an entity that certifies that it had any direct involvement described in section 4(a). (B) Presumption of control.--An entity shall be presumed to be in control of another corporation or entity if it directly or indirectly controls more than 50 percent of the voting securities of the other corporation or entity. (C) Equity interest by foreign state.--Such term shall apply irrespective of whether or not any equity interest in the entity is or was owned by a foreign state or government, and if an equity interest in the entity is or was owned by such a foreign state, such term shall refer to the corporate entity itself and not to such foreign state. (3) Property.--The term ``property'' means any personal belongings owned or controlled by the victims of the deportations which may have been taken or confiscated in connection with the deportations, including jewelry, books, artifacts, precious metals, and currency. (4) Records.--The term ``records'' includes any documents, correspondence, memoranda, receipts, invoices, presentations, audits, and any other related materials. (5) State.--The term ``State'' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 4. CERTAIN ENTITIES INELIGIBLE FOR FEDERALLY FUNDED HIGH-SPEED RAIL CONTRACTS. (a) In General.--Any entity that applies for a contract with any agency or instrumentality of a State or local government for any high- speed rail project (including the design, engineering, construction, manufacture, or operation of a high-speed rail network or any components thereof) that is funded, either partially or fully, by the Federal Government shall certify to such agency, in advance of submitting a formal bid to such agency, whether or not such entity had any direct involvement in the deportation of any individuals to extermination camps, death camps, or any facility used for the purpose of transiting individuals to extermination or death camps, during the period beginning on January 1, 1942, and ending on December 31, 1944. (b) Disclosures.--If an entity certifies that it had any direct involvement described in subsection (a), the entity shall certify and disclose to the agency or instrumentality of a State or local government the following: (1) Whether the entity has any records related to the deportations in its possession, custody, or control. If an entity acknowledges that it has any such records, it shall describe in detail the full contents of such records and the specific locations where such records are maintained. (2) Whether the entity has any property taken or confiscated in connection with such deportations in its possession, custody or control. If an entity acknowledges that it has any such property, it must describe in detail the specific property in its possession, custody, or control and the specific locations where such property is maintained. If such entity does not have any such property in its possession, custody, or control, such entity must describe in detail the point in time and the manner in which the entity disposed of or converted the property. (3) Whether the entity has provided restitution and reparations to all identifiable victims of the deportations described in subsection (a) or to their families, and whether the entity has otherwise reached a settlement agreement with all identifiable victims of such deportations or their families. (c) Mitigating Circumstances.--Any entity that certifies that it had any direct involvement described in subsection (a) may, at its own discretion, provide any mitigating circumstances in narrative and documentary form and include such narrative and documentary in its disclosures. (d) Ineligibility.--Any entity that certifies that it had any direct involvement described in subsection (a) shall be ineligible to be awarded a contract with any agency or instrumentality of a State or local government for any high-speed rail project described in such subsection if such entity has failed to make restitutions and reparations or reach a settlement agreement as described in subsection (b)(3).

Holocaust Accountability and Corporate Responsibility Act of 2010 - Prescribes a certification requirement for certain entities that apply to a state or local government agency for a contract for a federally-funded high-speed rail project. Defines such an entity as a corporation, affiliate, or other entity that controls, is controlled by, or is a member of a partnership or a consortium with, an entity that certifies it had direct involvement in the ownership or operation of the trains on which individuals were deported to extermination camps, death camps, or any facility used to transit individuals to extermination or death camps, between January 1, 1942, and December 31, 1944. Requires such an entity to certify to such agency: (1) whether or not it had any such direct involvement; and (2) if so, to disclose whether it has records, taken property, or made restitution to the victims or their families in connection with such deportations. Prohibits the award of any contract for a high-speed rail project to any entity certifying direct involvement in such deportations that has failed to make restitution to such victims or their families.

To make certain entities ineligible to contract with any agency or instrumentality of a State or local government for any high-speed rail project that is funded, either partially or fully, by the Federal Government.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pulmonary and Cardiac Rehabilitation Act of 2005''. SEC. 2. COVERAGE OF ITEMS AND SERVICES UNDER A CARDIAC REHABILITATION PROGRAM AND A PULMONARY REHABILITATION PROGRAM. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) in subparagraph (Y), by striking ``and'' at the end; (B) in subparagraph (Z), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(AA) items and services furnished under a cardiac rehabilitation program (as defined in subsection (bbb)) or under a pulmonary rehabilitation program (as defined in subsection (ccc)).''; and (2) by adding at the end the following new subsections: ``Cardiac Rehabilitation Program ``(bbb)(1) The term `cardiac rehabilitation program' means a physician-supervised program (as described in paragraph (2)) that furnishes the items and services described in paragraph (3). ``(2) A program described in this paragraph is a program under which-- ``(A) items and services under the program are delivered-- ``(i) in a physician's office; ``(ii) in a physician-directed clinic; or ``(iii) in a hospital on an outpatient basis; ``(B) a physician is immediately available and accessible for medical consultation and medical emergencies at all times items and services are being furnished under the program, except that, in the case of items and services furnished under such a program in a hospital, such availability shall be presumed; and ``(C) individualized treatment is furnished under a written plan established, reviewed, and signed by a physician every 30 days that describes-- ``(i) the patient's diagnosis; ``(ii) the type, amount, frequency, and duration of the items and services furnished under the plan; and ``(iii) the goals set for the patient under the plan. ``(3) The items and services described in this paragraph are-- ``(A) physician-prescribed exercise; ``(B) cardiac risk factor modification, including education, counseling, and behavioral intervention (to the extent such education, counseling, and behavioral intervention is closely related to the individual's care and treatment and is tailored to the individual's needs); ``(C) psychosocial assessment; ``(D) outcomes assessment; and ``(E) such other items and services as the Secretary may determine, but only if such items and services are-- ``(i) reasonable and necessary for the diagnosis or active treatment of the individual's condition; ``(ii) reasonably expected to improve or maintain the individual's condition and functional level; and ``(iii) furnished under such guidelines relating to the frequency and duration of such items and services as the Secretary shall establish, taking into account accepted norms of medical practice and the reasonable expectation of patient improvement. ``(4) The Secretary shall establish standards to ensure that a physician with expertise in the management of patients with cardiac pathophysiology who is licensed to practice medicine in the State in which a cardiac rehabilitation program is offered-- ``(A) is responsible for such program; and ``(B) in consultation with appropriate staff, is involved substantially in directing the progress of individual patients in the program. ``Pulmonary Rehabilitation Program ``(ccc)(1) The term `pulmonary rehabilitation program' means a physician-supervised program (as described in subsection (bbb)(2) with respect to a program under this subsection) that furnishes the items and services described in paragraph (2). ``(2) The items and services described in this paragraph are-- ``(A) physician-prescribed exercise; ``(B) education or training (to the extent the education or training is closely and clearly related to the individual's care and treatment and is tailored to such individual's needs); ``(C) psychosocial assessment; ``(D) outcomes assessment; and ``(E) such other items and services as the Secretary may determine, but only if such items and services are-- ``(i) reasonable and necessary for the diagnosis or active treatment of the individual's condition; ``(ii) reasonably expected to improve or maintain the individual's condition and functional level; and ``(iii) furnished under such guidelines relating to the frequency and duration of such items and services as the Secretary shall establish, taking into account accepted norms of medical practice and the reasonable expectation of patient improvement. ``(3) The Secretary shall establish standards to ensure that a physician with expertise in the management of patients with respiratory pathophysiology who is licensed to practice medicine in the State in which a pulmonary rehabilitation program is offered-- ``(A) is responsible for such program; and ``(B) in consultation with appropriate staff, is involved substantially in directing the progress of individual patients in the program.''. (b) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after the date of enactment of this Act.

Pulmonary and Cardiac Rehabilitation Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of items and services furnished under a cardiac rehabilitation or a pulmonary rehabilitation program.

A bill to amend title XVIII of the Social Security Act to provide coverage for cardiac rehabilitation and pulmonary rehabilitation services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Chance for Ex-Offenders Act of 2016''. SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT OFFENDERS. (a) In General.--Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter: ``subchapter d--expungement ``Sec. ``3631. Expungement of certain criminal records in limited circumstances. ``3632. Requirements for expungement. ``3633. Procedure for expungement. ``3634. Effect of expungement. ``3635. Reversal of expunged records. ``3636. Unsealing of records. ``Sec. 3631. Expungement of certain criminal records in limited circumstances ``(a) In General.--Any individual convicted of a nonviolent offense who fulfills the requirements of section 3632 may file a petition under this subchapter to expunge the record of such conviction. ``(b) Definition of Nonviolent Offense.--In this subchapter, the term `nonviolent offense' means a misdemeanor or felony offense against the United States that does not have as an element of the offense the use of a weapon or violence and which did not actually involve violence in its commission. ``Sec. 3632. Requirements for expungement ``No individual shall be eligible for expungement under this subchapter unless, before filing a petition under this subchapter, such individual-- ``(1) has never been convicted of a violent offense (including an offense under State law that would be a violent offense if it were Federal) and has never been convicted of a nonviolent offense other than the one for which expungement is sought; ``(2) has fulfilled all requirements of the sentence of the court in which conviction was obtained, including completion of any term of imprisonment or period of probation, meeting all conditions of a supervised release, and paying all fines; ``(3) has remained free from dependency on or abuse of alcohol or a controlled substance a minimum of 1 year and has been rehabilitated, to the satisfaction of the court referred to in section 3633(b), if so required by the terms of a supervised release; ``(4) has obtained a high school diploma or completed a high school equivalency program; and ``(5) has completed at least one year of community service, as determined by the court referred to in section 3633(b). ``Sec. 3633. Procedure for expungement ``(a) Petition.--An individual may file a petition for expungement in the court in which the conviction was obtained. A copy of the petition shall be served by the court upon the United States Attorney for the district in which the conviction sought to be expunged was obtained. Not later than 60 days after receipt of such petition, the United States Attorney may submit written recommendations to the court and notify the petitioner of that recommendation. ``(b) Court-Ordered Expungement.--The court, after consideration of evidence submitted by the petitioner in support of the petition and any evidence submitted by the Government in support of objections it may have to granting the petition, shall rule on the petition. In making that ruling, the court, after determining whether the petitioner meets the eligibility requirements of this subchapter, shall weigh the interests of the petitioner against the best interests of justice and public safety. ``Sec. 3634. Effect of expungement ``(a) In General.--An order granting expungement under this subchapter shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the crime that was the subject of the expungement. ``(b) No Disqualification; Statements.--After an order granting expungement of any individual's criminal records under this subchapter, such individual shall not be required to divulge information pertaining to the expunged conviction and the fact that such individual has been convicted of the criminal offense concerned shall not-- ``(1) operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, or profession; and ``(2) be held under any provision of law guilty of perjury, false answering, or making a false statement by reason of his failure to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of him for any purpose. ``(c) Records Expunged or Sealed.--Upon order of expungement, all official law enforcement and court records, including all references to such person's arrest for the offense, the institution of criminal proceedings against him, and the results thereof, except publicly available court opinions or briefs on appeal, shall be expunged (in the case of nontangible records) or gathered together and sealed (in the case of tangible records). ``(d) Record of Disposition To Be Retained.--A nonpublic record of a disposition or conviction that is the subject of an expungement order shall be retained only by the Department of Justice solely for the purpose of use by the courts in any subsequent adjudication. ``Sec. 3635. Disclosure of expunged records ``(a) Law Enforcement Purposes.--The Department of Justice may maintain a nonpublic manual or computerized index of expunged records containing only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of such expunged records, the word `expunged', and the name of the person, agency, office, or department that has custody of the expunged records, and shall not name the offense committed. The index shall be made available only to Federal and State law enforcement personnel who have custody of such expunged records and only for the purposes set forth in subsection (b) of this section. ``(b) Authorized Disclosure.--Such records shall be made available to the person accused or to such person's designated agent and shall be made available to-- ``(1) any prosecutor, law enforcement agency, or court which has responsibility for criminally investigating, prosecuting, or adjudicating such individual; ``(2) any State or local office or agency with responsibility for the issuance of licenses to possess guns where the accused has made application for such license; or ``(3) any prospective city, State, or Federal employer or agency, involved in investigating and/or prosecuting under criminal or civil statutes including employers of police or peace officers and in relation to an application for employment as an employee of a city, State, or Federal employer or agency involved in investigating or prosecuting under criminal or civil statutes including as a police officer or peace officer, and every person who is an applicant for the position of police officer, peace officer, or any other prospective city, State, or Federal employer or agency, involved in investigating or prosecuting under criminal or civil statutes shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto. ``(c) Punishment for Improper Disclosure.--Any person who knowingly disseminates information relating to an expunged conviction other than the offender shall be fined under this title or imprisoned not more than one year, or both. ``Sec. 3636. Reversal of expunged records ``The records expunged under this subchapter shall be restored by operation of law as public records and may be used in all court proceedings if the individual whose conviction was expunged is subsequently convicted of any Federal or State offense.''. (b) Clerical Amendment.--The table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item: ``D. Expungement........................................ 3631''. (c) Effective Date.--The amendments made by this Act shall apply to individuals convicted of an offense before, on, or after the date of enactment of this Act.

Second Chance for Ex-Offenders Act of 2016 This bill amends the federal criminal code to establish a process to expunge an individual's records related to a nonviolent criminal offense. A nonviolent criminal offense is a federal misdemeanor or felony offense that: (1) does not include, as an element, the use of a weapon or violence; and (2) does not involve violence in its commission. To be eligible for expungement, an individual must: be a first-time offender; avoid drug or alcohol dependency or abuse; obtain a high school diploma; complete one year of community service; and fulfill the requirements of a court-ordered sentence, such as complete a prison term, meet the conditions of supervised release, and pay fines.

Second Chance for Ex-Offenders Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deamonte Driver Dental Care Access Improvement Act of 2008''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Centers for Disease Control and Prevention reports that between the periods 1988 to 1994 and between 1994 and 2004, tooth decay increased 15 percent among toddlers and preschoolers 2 to 5 years old. (2) During the period 1999 to 2004, 28 percent of young children experienced cavities. (3) Among 2 year olds in the United States, 1-in-10 already have cavities, and by age 5 that figure jumps to 2-in-5 children. (4) Tooth decay is the single most common childhood chronic disease, and it disproportionately affects poor and minority children. (5) Eighty percent of dental decay occurs in just 25 percent of children. (6) Parents are 3 times more likely to report that their children's dental needs are unmet, when compared with general medical care needs. (7) While 9,000,000 of the children in this Nation do not have medical insurance, more than twice that number-- 23,000,000--do not have dental insurance. (8) One out of 20 middle-aged adults in the United States are missing all their teeth. (9) More than 40 percent of low income adults have at least 1 untreated decayed tooth compared to 16 percent of non-poor adults. (10) Employed adults lose more than 164,000,000 hours of work each year due to oral health problems or dental visits. (11) For every adult 19 years or older without medical insurance, there are 3 without dental insurance. (12) About 25 percent of adults 60 years old and older no longer have any natural teeth. Having missing teeth can affect nutrition, since people without teeth often prefer soft, easily chewed foods. SEC. 3. DENTAL WORKFORCE IMPROVEMENT. (a) Dentistry Workforce Pilot Program.--Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) is amended by inserting after section 747 the following: ``SEC. 747A. DENTISTRY WORKFORCE PILOT PROGRAM. ``(a) Grants.--The Secretary shall make grants to schools of dentistry and hospitals with accredited training programs in pediatric dentistry to increase the number of individuals who pursue academic programs in pediatric dentistry or provide dental services to children. ``(b) Use of Funds.--The Secretary may not make a grant to a school of dentistry or a hospital under this section unless the school or hospital agrees to use the grant to increase the number of individuals who provide dental care to children by-- ``(1) establishing, maintaining, or improving both pre- and post-doctoral academic programs in pediatric dentistry; ``(2) recruiting and training dental students to pursue training in pediatric dentistry; ``(3) strengthening training in pediatric dentistry within advanced education in general dentistry and general practice dentistry residencies in dentistry programs; ``(4) recruiting and training practicing dentists through continuing education programs in pediatric dentistry; ``(5) training pediatricians to examine children's mouths to conduct risk assessments and apply fluoride varnish; or ``(6) training dental students, dentists, dental hygienists, and other dental professionals in dental health disparities and community-based dental health care. ``(c) Reports to Congress.--Not later than 2 years after the date of the enactment of this section, and biennially thereafter, the Secretary shall conduct an evaluation of the activities funded through grants under this section and submit a report to the Congress on the results of such evaluation. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2009 through 2014.''. (b) Grants to Develop and Implement Pilot Program to Train Allied Dental Health Professionals.--Title V of the Social Security Act (42 U.S.C. 701, et seq.) is amended by adding at the end the following new sections: ``SEC. 511. GRANTS TO DEVELOP AND IMPLEMENT PILOT PROGRAM TO TRAIN ALLIED DENTAL HEALTH PROFESSIONALS. ``(a) In General.--Not later than 1 year after the date of enactment of this section, the Secretary shall award a grant to establish a pilot program to increase access to dental care for underserved populations through the use of new allied dental health professionals. In awarding the grant, the Secretary shall consider pilot program applications that meet the following criteria: ``(1) The applicant plans to evaluate 1 or more distinct allied dental professional models. ``(2) The model is structured such that the allied dental professionals work under the supervision of a licensed dentist or dentists. ``(3) The application must include benchmarks reflecting the goal of increasing access to dental care for underserved populations. ``(4) The models tested by the applicant must be structured to be replicable in other areas of the country. The models tested must include strategies to maximize cost-efficiency. ``(b) Adjustment of Funding.--The Secretary shall adjust funding for the pilot program according to the training needs of the allied dental professionals and the number of sites used for the pilot program. ``(c) Evaluation.--Not later than 2 years after the date of enactment of this section, and biennially thereafter, the Secretary shall conduct an evaluation of the activities funded through grants under this section and submit a report to Congress on the results of such evaluation. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2009 through 2014.''. SEC. 4. ACCESS TO DENTAL CARE. (a) Access to Dental Care Pilot Program.--Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330M. ACCESS TO DENTAL CARE PILOT PROGRAM. ``(a) Grants.--The Secretary shall award grants to Federally qualified health centers to expand and improve the provision of dental services to medically underserved populations. ``(b) Use of Funds.--The Secretary may not make a grant to a Federally qualified health center under this section unless the center agrees to use the grant to expand and improve the provision of dental services to medically underserved populations by-- ``(1) recruiting dentists, dental hygienists, or pediatric dentists; ``(2) purchasing or renting equipment for the provision of dental services; ``(3) constructing and expanding physical space for the provision of dental services; ``(4) allowing contractual relationships between Federally qualified health centers and private dental providers to increase access to dental care for adults and children; or ``(5) establishing or maintaining mobile dentistry and teledentistry activities. ``(c) Reports to Congress.--Not later than 1 year after the date of the enactment of this section, and biennially thereafter, the Secretary shall conduct an evaluation of the activities funded through grants under this section and submit a report to the Congress on the results of such evaluation. ``(d) Definitions.--In this section: ``(1) The term `Federally qualified health center' has the meaning given to such term in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)). ``(2) The term `pediatric dentist' means an individual who has successfully completed residency training from a pediatric dentistry program accredited by the Commission on Dental Accreditation. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2009 through 2014. ``SEC. 330N. EARLY CHILDHOOD CARIES PREVENTION AND MANAGEMENT DEMONSTRATION GRANTS. ``(a) Grants.--The Secretary is authorized to award grants to public or private entities to develop, implement, and evaluate public health and clinical strategies to prevent and manage early childhood caries. ``(b) Use of Funds.--The Secretary shall make grants to eligible entities to demonstrate the effectiveness of preventing and managing early childhood caries by-- ``(1) developing materials and methods for early detection, anticipatory guidance, primary prevention, and disease suppression of early childhood caries; ``(2) developing and testing models of care delivery that engage nutritional, behavioral, educational, and pharmacologic approaches in early childhood caries prevention and control; ``(3) training dentists, physicians, and nurse practitioners in the medical and behavioral management of early childhood caries; ``(4) partnering with Head Start, the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) established under section 17 of the Child Nutrition Act of 1966, or other early childhood programs to engage families in positive oral health behaviors and practices to reduce or eliminate early childhood caries; or ``(5) developing public health strategies including public education, public policy, and public programs targeting children under the age of 6 years at risk for early childhood caries. ``(c) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2009 through 2014.''. (b) Dental Services Credit.-- (1) 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 inserting after section 45N the following new section: ``SEC. 45O. DENTAL SERVICES. ``(a) In General.--For purposes of section 38, the qualified dental services credit determined under this subsection for any taxable year is an amount equal to 15 percent of the qualified dental receipts of the taxpayer for such taxable year. ``(b) Limitation.--The credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $5,000. ``(c) Qualified Dental Receipts.--For purposes of this section, the term `qualified dental receipts' means any amount received as compensation for providing dental services-- ``(1) under a State plan under title XIX of the Social Security Act or under a State child health plan under title XXI of such Act; or ``(2) from an individual who is not covered by a health insurance plan at the time such services are provided.''. (2) Conforming amendments.-- (A) Section 38(b) of such Code 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 qualified dental services credit determined under section 45O(a).''. (B) The table of sections of such subpart is amended by inserting after the item relating to section 45N the following new item: ``Sec. 45O. Dental services.''. SEC. 5. PUBLIC EDUCATION AND AWARENESS CAMPAIGN. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) as amended by section 4, is amended by adding at the end the following: ``SEC. 330O. PUBLIC EDUCATION AND AWARENESS CAMPAIGN. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall directly or through grants, cooperative agreements, or contracts to eligible entities conduct, support, and promote a comprehensive public education and awareness campaign on preventing, controlling, and ultimately eliminating early childhood caries. The campaign shall target pregnant women, and parents and caregivers of children under the age of 6 years. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2009 through 2013.''. SEC. 6. ACCESS TO DENTAL CARE UNDER MEDICAID AND SCHIP. (a) Reporting Information on Dental Care for Children.-- (1) Medicaid.--Section 1902(a)(43)(D)(iii) of the Social Security Act (42 U.S.C. 1396a(a)(43)(D)(iii)) is amended by inserting ``and other information relating to the provision of dental services to such children described in section 2108(e)'' after ``receiving dental services,''. (2) CHIP.--Section 2108 of the Social Security Act (42 U.S.C. 1397hh) is amended by adding at the end the following new subsection: ``(e) Information on Dental Care for Children.-- ``(1) In general.--Each annual report under subsection (a) shall include the following information with respect to care and services described in section 1905(r)(3) provided to targeted low-income children enrolled in the State child health plan under this title at any time during the year involved: ``(A) The number of enrolled children by age grouping used for reporting purposes under section 1902(a)(43). ``(B) For children within each such age grouping, information of the type contained in questions 12(a)- (c) of CMS Form 416 (that consists of the number of enrolled targeted low income children who receive any, preventive, or restorative dental care under the State plan). ``(C) For the age grouping that includes children 8 years of age, the number of such children who have received a protective sealant on at least one permanent molar tooth. ``(2) Inclusion of information on enrollees in managed care plans.--The information under paragraph (1) shall include information on children who are enrolled in managed care plans and other private health plans and contracts with such plans under this title shall provide for the reporting of such information by such plans to the State.''. (b) Assessment of Adequacy of Dental Reimbursement Rates for All Eligible Beneficiaries.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall study and report to Congress on the extent to which payment rates for dental services provided to individuals who are eligible for medical assistance under State Medicaid plans under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or child health assistance or other health benefits coverage under State child health plans under title XXI of such Act (42 U.S.C. 1397aa et seq.)-- (1) are comparable to the payment rates for such services established by private health insurance issuers; (2) are adequate to compensate providers for the actual cost of providing such services; and (3) in the case of such services provided under State Medicaid plans, satisfy the requirement of section 1902(a)(30)(A) of such Act (42 U.S.C. 1396a(a)(30)(A)) to assure that payments are consistent with efficiency, economy, and quality of care and are sufficient to enlist enough providers so that care and services are available under the plan at least to the extent that such care and services are available to the general population in the geographic area. SEC. 7. COORDINATION AND REPORT BY THE SECRETARY OF HEALTH AND HUMAN SERVICES. The Secretary of Health and Human Services shall coordinate with relevant government agencies to ensure the inclusion of dental health prevention and promotion activities within existing prenatal and maternal child health programs, and shall, not later than 2 years after the date of enactment of this Act, submit to Congress a report on the status of such programs.

Deamonte Driver Dental Care Access Improvement Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make grants to schools of dentistry and hospitals with accredited training programs in pediatric dentistry. Amends title V (Maternal and Child Health Services) of the Social Security Act (SSA) to require the Secretary to provide for a pilot program to increase access to dental care for underserved populations through the use of new allied dental health professionals. Requires the Secretary to award grants to federally qualified health centers to expand and improve the provision of dental services to medically underserved populations. Authorizes the Secretary to award grants to develop, implement, and evaluate public health and clinical strategies to prevent and manage early childhood caries. Amends the Internal Revenue Code to allow a business tax credit for a portion of compensation received for providing dental services under SSA titles XIX (Medicaid) or XXI (State Children's Health Insurance Program) (SCHIP) or from an uninsured individual. Requires the Secretary, acting through the the Director of the Centers for Disease Control and Prevention (CDC), to conduct a public education and awareness campaign on preventing, controlling, and ultimately eliminating early childhood caries. Amends SSA titles XIX and XXI to expand reporting requirements with respect to children's dental services. Requires the Comptroller General to study payment rates for dental services provided to individuals under Medicaid or SCHIP. Requires the Secretary to ensure the inclusion of dental health prevention and promotion activities within existing prenatal and maternal child health programs.

A bill to expand the dental workforce and improve dental access, prevention, and data reporting, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Prices Review Board Act of 1993''. SEC. 2. ESTABLISHMENT. There is established in the Food and Drug Administration a board to be known as the Patented Medicine Prices Review Board (in this Act referred to as the ``Board''). SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Board shall be composed of 5 members appointed by the President, by and with the advice and consent of the Senate, from among individuals-- (1) who are recognized experts in the fields of consumer advocacy, medicine, pharmacology, pharmacy, and prescription drug reimbursement; and (2) who have not worked in the pharmaceutical industry during the 1-year period ending on the date of appointment. (b) Initial Appointments.--Initial appointments under subsection (a) shall be made not later than 90 days after the date of the enactment of this Act. (c) Terms.-- (1) In general.--Except as provided in paragraphs (2) and (3), each member shall be appointed for a term of 5 years. (2) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- (A) 1 member shall be appointed for a term of 1 year; (B) 1 member shall be appointed for a term of 2 years; (C) 1 member shall be appointed for a term of 3 years; (D) 1 member shall be appointed for a term of 4 years; and (E) 1 member shall be appointed for a term of 5 years. (3) Vacancies.--A vacancy in the Board shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of the member's term until a successor has taken office. (d) Initial Meeting.--The initial meeting of the Board shall be held not later than 90 days after the date on which the first appointments of the members have been completed. (e) Chairperson.--The President shall designate 1 member of the Board to serve as the chairperson. (f) Basic Pay.-- (1) In general.--Members shall be paid at a rate not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day during which the members are engaged in the actual performance of the duties of the Board. (2) 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. SEC. 4. DIRECTOR AND STAFF. (a) Director.--The Board shall have a director who shall be appointed by the chairperson, subject to rules prescribed by the Board. (b) Staff.--The chairperson may appoint and fix the pay of such additional personnel as the chairperson considers appropriate, subject to rules prescribed by the Board. (c) Applicability of Certain Civil Service Laws.--The director and staff of the Board shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the requirements of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule. SEC. 5. REGULATION OF PRESCRIPTION DRUG PRICING. (a) Annual Information Requirement.--The Board shall require each patentee of a prescription drug to provide the Board with information on an annual basis-- (1) identifying the type of prescription drug sold by the patentee; and (2) identifying the price at which the prescription drug is being sold in the United States. The Board shall also require each such patentee to provide the Board with information describing the costs of producing and marketing the prescription drug for sale in the United States. Such information shall be provided at a level of specificity necessary for the Board to make its determination under subsection (b). (b) Decrease in Length of Patent Term.-- (1) In general.--The Board shall decrease the length of a term of a patent issued under section 151 of title 35, United States Code, for a prescription drug, after notice and an opportunity for a hearing, if the patentee of such drug charges an excessive price for such drug. If the patentee charged an excessive price for a drug which has gone off patent, the Board may select another drug of the patentee to have its length of patent term reduced. (2) Excessive price.-- (A) In general.--For purposes of paragraph (1), the term ``excessive price'' means the average price charged by the patentee for a prescription drug during the calendar year preceding the date on which the Board gives notice to the patentee under paragraph (1), if such price for such calendar year, adjusted for cost- of-living, as determined by the Board, exceeds the average price for such drug charged by the patentee for the calendar year preceding such year in an amount determined by the Board to be excessive under subparagraph (B). (B) Excessive amount.--In determining if an amount of increase in a drug price is excessive, the Board shall consider-- (i) the average price at which the patentee sold the drug during the 5-year period ending on the date on which the Board gives notice to the patentee under paragraph (1); (ii) the average prices of other prescription drugs in the same therapeutic class sold in the United States during such period; (iii) the average price at which the prescription drug and other prescription drugs in the same therapeutic class have been sold in countries other than the United States during such period; (iv) the costs associated with producing and marketing the prescription drug during such period and the value of any support provided by Federal agencies, the value of any tax benefit provided to the patentee in the development of the drug, the amount of compensation provided to officers of the patentee, and other factors determinative as to the true cost of production; and (v) if the price of the drug exceeds the CPI increase percentage (as defined in section 215(i) of the Social Security Act) by more than 2 percent. (3) Length of term decrease.--The Board shall determine the length of the decrease of a term of a patent for a prescription drug described in paragraph (1). (c) Authority To Recapture Certain Tax Benefits.-- (1) In general.--If the Board determines, after notice and an opportunity for a hearing, that the patentee of any prescription drug charges an excessive price for such drug, the Board may require the recapture of tax benefits provided to the patentee with respect to such drug. (2) Recapture.-- (A) In general.--If the Board requires the recapture of tax benefits with respect to any prescription drug, the patentee's tax under chapter 1 of the Internal Revenue Code of 1986 for each taxable year specified by the Board shall be increased by the aggregate of the recapture amounts with respect to sales of such drug during such taxable year. (B) Recapture amount.--For purposes of subparagraph (A), the recapture amount with respect to the sale of any prescription drug is the lesser of-- (i) the portion of the price of such drug which the Board determines is excessive, or (ii) the amount which the Board determines is such sales pro rata share of the tax benefits received by the patentee in connection with the research for, and development of, such drug. (3) No credits against tax, etc.--Any increase in tax by reason of this subsection shall not be treated as a tax imposed by chapter 1 of such Code for purposes of determining-- (A) the amount of any credit under subpart A, B, D, or G of part IV of subchapter A of such chapter, or (B) the minimum tax under section 55 of such Code. (d) Manufacture and Sale of Drugs.--If the Board determines, after notice and an opportunity for a hearing, that the patentee of any prescription drug charges an excessive price for such drug, the Board may, either directly or by contract, manufacture and sell such drug. (e) Increase in Length of Patent Term.-- (1) In general.--Upon application of the patentee, the Board may increase the length of a term of a patent issued under section 151 of title 35, United States Code, for a prescription drug, if-- (A) the Board determines that the patentee of such drug has not charged an excessive price for such drug during the 5-year period ending on the date the patentee applies to the Board, as determined by the Board using rules similar to the rules applicable under subsection (b); and (B) the patentee provides assurances satisfactory to the Board that it will not charge an excessive price for such drug for any period during the extension of the term. (2) Length of term increase.-- (A) In general.--Subject to subparagraph (B), the Board shall determine the length of the increase of a term of a patent for a prescription drug described in paragraph (1). (B) Limitation.--The Board may not increase the length of a term of such patent in excess of 10 percent of the length of the original term of such patent. (f) Regulations.-- (1) In general.--Not later than 1 year after the date of the initial meeting held under section 3(e), the Board shall develop regulations to carry out subsections (a), (b), (c), (d), and (e). (2) Notice and comment requirement.--The regulations developed under paragraph (1) shall be issued in accordance with the notice and comment procedures established under section 553 of title 5, United States Code. (g) Definitions.--For purposes of this section, the following definitions apply: (1) Patentee.--The term ``patentee'' has the meaning given such term in section 100(d) of title 35, United States Code. (2) Prescription drug.--The term ``prescription drug'' means a drug (as defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 (g)(1))) which is subject to regulation under section 503(b) of such Act. SEC. 6. PROVISION OF REPORT TO FEDERAL AGENCIES RELATING TO PRESCRIPTION DRUGS SOLD AT EXCESSIVE PRICES. (a) In General.--The Board shall provide on an annual basis to each Federal agency which dispenses or makes payments for the dispensing of prescription drugs a report containing-- (1) a list of each prescription drug which is sold at an excessive price, as determined by the Board under section 5(b)(2); (2) recommendations to the Federal agency against dispensing or making payments for the dispensing of the prescription drug; and (3) recommendations to the Federal agency to substitute the drug with a similar prescription drug which is not sold at an excessive price. (b) Prescription Drug Defined.--For purposes of this section, the term ``prescription drug'' has the meaning given such term in section 5(e)(2). SEC. 7. POWERS. (a) Obtaining Official Data.--The chairperson may secure directly from any Federal agency information necessary to enable the Board to carry out its duties. Upon request of the chairperson, the head of the agency shall furnish such information to the Board to the extent such information is not prohibited from disclosure by law. (b) Mails.--The Board may use the United States mails in the same manner and under the same conditions as other Federal agencies. (c) Administrative Support Services.--Upon the request of the chairperson, the Administrator of General Services shall provide to the Board on a reimbursable basis, the administrative support services necessary for the Board to carry out its duties. (d) Contract Authority.--The chairperson may contract with and compensate government and private agencies or persons for the purpose of conducting research, surveys, and other services necessary to enable the Board to carry out its duties. (e) Investigations.--The Board may make such investigations as it considers necessary to determine whether there is or may be a violation of any regulation promulgated under this Act and may require or permit any person to file with it a statement in writing, under oath or otherwise as the Board shall determine, as to all the facts and circumstances concerning the matter to be investigated. (f) Subpoena Power.-- (1) In general.--The Board may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Board. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Board may apply to a United States district court for an order requiring that person to appear before the Board to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Board shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. SEC. 8. ASSISTANCE FOR THE BOARD. The Director of the National Institutes of Health, the Commissioner of the Food and Drug Administration, and the Director of the Center for Disease Control shall report to the Board the amount of any subsidy paid through such agency to a patentee. SEC. 9. REPORT. Not later than 1 year after the initial meeting of the Board under section 3(e), and annually thereafter, the Board shall submit to the Congress a report describing the activities of the Board for the preceding year.

Prescription Drug Prices Review Board Act of 1993 - Establishes in the Food and Drug Administration the Patented Medicine Prices Review Board which shall have the power to decrease the length of term of a prescription drug patent if, after notice and a hearing, it is found that the drug's price is excessive. Defines the term excessive price. Allows the Board to require the recapture of tax benefits provided to the patentee of an excessively priced drug.

Prescription Drug Prices Review Board Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Geothermal Production on Federal Lands Act''. SEC. 2. GEOTHERMAL PRODUCTION ON FEDERAL LANDS. The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended by adding at the end the following: ``SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS. ``(a) Definition of Geothermal Exploration Test Project.--In this section, the term `geothermal exploration test project' means the drilling of a well to test or explore for geothermal resources on lands for which the Secretary has issued a lease under this Act, that-- ``(1) is carried out by the holder of the lease; ``(2) causes-- ``(A) less than 5 acres of soil or vegetation disruption at the location of each geothermal exploration well; and ``(B) not more than an additional 5 acres of soil or vegetation disruption during access or egress to the test site; ``(3) is developed-- ``(A) less than 9 inches in diameter; ``(B) in a manner that does not require off-road motorized access other than to and from the well site along an identified off-road route; ``(C) without construction of new roads other than upgrading of existing drainage crossings for safety purposes; ``(D) with the use of rubber-tired digging or drilling equipment vehicles; and ``(E) without the use of high-pressure well stimulation; ``(4) is completed in less than 90 days, including the removal of any surface infrastructure from the site; and ``(5) requires the restoration of the project site within 3 years of the date of first exploration drilling to approximately the condition that existed at the time the project began, unless the site is subsequently used as part of energy development under the lease. ``(b) Categorical Exclusion.-- ``(1) In general.--Unless extraordinary circumstances exist, a project that the Secretary determines under subsection (c) is a geothermal exploration test project shall be categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation). ``(2) Extraordinary circumstances definition.--In this subsection, the term `extraordinary circumstances' has the same meaning given such term in the Department of the Interior Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2 (or successor provisions). ``(c) Process.-- ``(1) Requirement to provide notice.--A leaseholder shall provide notice to the Secretary of the leaseholder's intent to carry out a geothermal exploration test project at least 30 days before the start of drilling under the project. ``(2) Review and determination.--Not later than 10 days after receipt of a notice of intent under paragraph (1), the Secretary shall, with respect to the project described in the notice of intent-- ``(A) determine if the project qualifies for a categorical exclusion under subsection (b); and ``(B) notify the leaseholder of such determination. ``(3) Opportunity to remedy.--If the Secretary determines under paragraph (2)(A) that the project does not qualify for a categorical exclusion under subsection (b), the Secretary shall-- ``(A) include in such notice clear and detailed findings on any deficiencies in the project that resulted in such determination; and ``(B) allow the leaseholder to remedy any such deficiencies and resubmit the notice of intent under paragraph (1).''. SEC. 3. GEOTHERMAL LEASING PRIORITY AREAS. The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is further amended by adding at the end the following: ``SEC. 31. GEOTHERMAL LEASING PRIORITY AREAS. ``(a) Definition of Covered Land.--In this section, the term `covered land' means land that is-- ``(1) Federal land; and ``(2) not excluded from the development of geothermal energy under-- ``(A) a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or ``(B) any other Federal law. ``(b) Designation of Geothermal Leasing Priority Areas.--The Secretary, in consultation with the Secretary of Energy, shall designate portions of covered land as geothermal leasing priority areas as soon as practicable, but not later than 5 years, after the date of the enactment of this section. ``(c) Criteria for Selection.--In determining which covered lands to designate as geothermal leasing priority areas under subsection (b), the Secretary, in consultation with the Secretary of Energy, shall consider if-- ``(1) the covered land is preferable for geothermal leasing; ``(2) production of geothermal energy on such land is economically viable, including if such land has access to methods of energy transmission; and ``(3) the designation would be in compliance with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), including subsection (c)(9) of that section. ``(d) Review and Modification.--Not less frequently than once every 10 years, the Secretary shall-- ``(1) review covered land and, if appropriate, make additional designations of geothermal leasing priority areas; and ``(2) review each area designated as a geothermal leasing priority area under this section, and, if appropriate, remove such designation. ``(e) Programmatic Environmental Impact Statement.-- ``(1) Initial designations.--No later than one year after the initial designation of a geothermal leasing priority area, the Secretary shall prepare a supplement to any final programmatic environmental impact statement for geothermal leasing that is the most recently finalized such statement with respect to covered land designated as a geothermal leasing priority area under subsection (b). ``(2) Subsequent designations.--Each designation of a geothermal leasing priority area under subsection (d) shall be included in a programmatic environmental impact statement for geothermal leasing or in a supplement to such a statement. ``(3) Consultations.--In developing any programmatic environmental impact statement for geothermal leasing or supplement to such a statement under this section, the Secretary shall consult, on an ongoing basis, with appropriate State, Tribal, and local governments, transmission infrastructure owners and operators, developers, and other appropriate entities. ``(4) Procedure.--The Secretary may not delay issuing a permit or holding a lease sale under this Act because the supplement required under paragraph (1) has not been finalized by the Secretary. ``(f) Compliance With NEPA.--If the Secretary determines that the designation of a geothermal leasing priority area has been sufficiently analyzed by a programmatic environmental impact statement, the Secretary shall not prepare any additional analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to geothermal lease sales for such geothermal leasing priority area.''. SEC. 4. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND GAS LEASES. Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following: ``(4) Land subject to oil and gas lease.--Land under an oil and gas lease issued pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing under subsection (c) by the holder of the oil and gas lease-- ``(A) on a determination that geothermal energy will be produced from a well producing or capable of producing oil and gas; and ``(B) in order to provide for the coproduction of geothermal energy with oil and gas.''. SEC. 5. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF GEOTHERMAL RESOURCES. Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is further amended by adding at the end the following: ``(5) Adjoining land.-- ``(A) Definitions.--In this paragraph: ``(i) Fair market value per acre.--The term `fair market value per acre' means a dollar amount per acre that-- ``(I) except as provided in this clause, shall be equal to the market value per acre (taking into account the determination under subparagraph (B)(iii) regarding a valid discovery on the adjoining land) as determined by the Secretary under regulations issued under this paragraph; ``(II) shall be determined by the Secretary with respect to a lease under this paragraph, by not later than the end of the 180-day period beginning on the date the Secretary receives an application for the lease; and ``(III) shall be not less than the greater of-- ``(aa) 4 times the median amount paid per acre for all land leased under this Act during the preceding year; or ``(bb) $50. ``(ii) Industry standards.--The term `industry standards' means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources, as determined through flow or injection testing or measurement of lost circulation while drilling. ``(iii) Qualified federal land.--The term `qualified Federal land' means land that is otherwise available for leasing under this Act. ``(iv) Qualified geothermal professional.-- The term `qualified geothermal professional' means an individual who is an engineer or geoscientist in good professional standing with at least 5 years of experience in geothermal exploration, development, or project assessment. ``(v) Qualified lessee.--The term `qualified lessee' means a person who may hold a geothermal lease under this Act (including applicable regulations). ``(vi) Valid discovery.--The term `valid discovery' means a discovery of a geothermal resource by a new or existing slim hole or production well, that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards. ``(B) Authority.--An area of qualified Federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre, if-- ``(i) the area of qualified Federal land-- ``(I) consists of not less than 1 acre and not more than 640 acres; and ``(II) is not already leased under this Act or nominated to be leased under subsection (a); ``(ii) the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause (iii)(I); and ``(iii) sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable Federal land management agency that would lead individuals who are experienced in the subject matter to believe that-- ``(I) there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources; and ``(II) that geothermal feature extends into the adjoining areas. ``(C) Determination of fair market value.-- ``(i) In general.--The Secretary shall-- ``(I) publish a notice of any request to lease land under this paragraph; ``(II) determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the Secretary; ``(III) provide to a qualified lessee and publish, with an opportunity for public comment for a period of 30 days, any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph; and ``(IV) provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable Federal land management agency, in accordance with applicable law (including regulations). ``(ii) Limitation on nomination.--After publication of a notice of request to lease land under this paragraph, the Secretary may not accept under subsection (a) any nomination of the land for leasing unless the request has been denied or withdrawn. ``(iii) Annual rental.--For purposes of section 5(a)(3), a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale. ``(D) Regulations.--Not later than 270 days after the date of enactment of this paragraph, the Secretary shall issue regulations to carry out this paragraph.''.

Enhancing Geothermal Production on Federal Lands Act This bill amends the Geothermal Steam Act of 1970 to allow the Department of the Interior to award noncompetitive leases on up to 640 acres of certain federal land for geothermal development. Interior must lease the land at fair market value, publish a notice of any lease requests, and provide review of the final determination of fair market value. Lessees must make annual rental payments equal to those required for lands that are leased competitively. The bill exempts geothermal exploration test projects from complying with environmental review requirements under the National Environmental Policy Act of 1969 (NEPA). Interior must designate portions of certain federal land as geothermal leasing priority areas. The bill sets forth requirements for environmental review under NEPA with respect to the priority areas.

Enhancing Geothermal Production on Federal Lands Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Integrity Act of 2011''. SEC. 2. DRUG TESTING PROGRAM FOR APPLICANTS FOR AND RECIPIENTS OF ASSISTANCE UNDER STATE TANF PROGRAMS. (a) State Plan Requirement of Drug Testing Program.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following: ``(8) Certification that the state will operate an illegal drug use testing program.-- ``(A) In general.--A certification by the chief executive officer of the State that the State will-- ``(i) operate a program to conduct, in a calendar year, random testing for the use of illegal drugs (as defined in section 408(a)(12)(G)(i)) of a number of applicants for assistance under the program referred to in paragraph (1) that is not less than 20 percent of the number of applicants who applied for the assistance in the preceding calendar year (after having signed a waiver of constitutional rights with respect to the testing); and ``(ii) deny the assistance to applicants who test positive for illegal drug use or who are convicted of drug-related crimes, as required by such section. ``(B) Requirement for continued testing.--The program described in subparagraph (A)(i) shall include a plan to continue testing individuals receiving assistance under the program referred to in paragraph (1) for illegal drug use at random or set intervals after the initial testing of the individuals, at the discretion of the State agency administering the program so referred to.''. (b) Requirement That Applicants and Individuals Receiving Assistance Be Tested for Illegal Drug Use.--Section 408(a) of such Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) Requirement for drug testing; denial of assistance for individuals found to have used illegal drugs and individuals convicted of drug-related offenses.-- ``(A) In general.--A State to which a grant is made under section 403 shall operate a drug testing program that complies with the requirements of subparagraphs (A)(i) and (B) of section 402(a)(8). ``(B) Waiver of constitutional rights.--The State may not use any part of the grant to provide assistance to any individual who has not signed a waiver of constitutional rights with respect to testing conducted pursuant to subparagraph (A). In the case of an individual who is receiving assistance under the State program funded under this part on the effective date of this paragraph, or whose application for the assistance is approved before such date if the assistance has not begun as of such date, a State may not provide the assistance to the individual unless the individual has signed such a waiver not later than 90 days after such date. ``(C) Denial of assistance for individuals who test positive for illegal drug use and individuals convicted of drug-related crimes.--In the case of-- ``(i) an individual who tests positive for illegal drug use under the program described in subparagraph (A); or ``(ii) an individual who is convicted of a drug-related crime after the effective date of this paragraph; the State shall not provide assistance to the individual under the State program funded under this part until the expiration of the waiting period described in subparagraph (D). ``(D) Waiting period after denial of benefits.--The waiting period described in this subparagraph shall extend 1 year after the date on which the individual is denied assistance under subparagraph (C). ``(E) Permanent denial of assistance after third drug-related denial.--In the case of an individual who is denied assistance under subparagraph (C) 3 times, as a result of 3 separate positive tests for illegal drug use, 3 separate convictions for drug-related crimes (not including convictions that are imposed concurrently in time), or any combination of 3 such separate tests or convictions, a State may not provide assistance to the individual under the State program funded under this part after the 3rd such test or conviction. ``(F) Limitation on waiver authority.--The Secretary may not waive the provisions of this paragraph under section 1115. ``(G) Definitions.--In this paragraph: ``(i) Illegal drug.--The term `illegal drug' means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). ``(ii) Drug-related crime.--The term `drug- related crime' means any crime involving the possession, use, or sale of an illegal drug.''. (c) Penalty for Failure To Implement Illegal Drug Use Testing Program.--Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the following: ``(16) Penalty for failure to implement illegal drug use testing program.--If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(12) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 10 percent of the State family assistance grant.''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins on or after the date that is 1 year after the date of the enactment of this Act. (2) Delay permitted if state legislation required.--In the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that 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 such session shall be deemed to be a separate regular session of the State legislature.

Welfare Integrity Act of 2011 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require state TANF programs to operate a program to conduct random testing of TANF applicants and recipients for illegal drug use. Requires state TANF programs to deny assistance to individuals who test positive for illegal drugs and individuals convicted of drug-related crimes. Prescribes an administrative penalty for failure to implement illegal drug use testing.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating the End of Breast Cancer Act of 2011''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Establishment. Sec. 5. Mission; duties. Sec. 6. Membership. Sec. 7. Chairperson and commissioners. Sec. 8. Coordination and nonduplication. Sec. 9. Evaluation of the commission. Sec. 10. Termination. SEC. 3. FINDINGS. The Congress finds the following: (1) In the United States, the chance of a woman developing breast cancer during her lifetime has increased from 1 in 11 in 1975 to 1 in 8 today. (2) Worldwide, breast cancer is the most frequently diagnosed cancer in women with 1.3 million cases each year and the leading cause of cancer death with more than 500,000 women dying from the disease in 2010. (3) More than 90 percent of deaths from breast cancer are caused by metastasis, when breast cancer has spread to other organs or bone. (4) The National Cancer Institute estimated that breast cancer care in the United States cost $16.5 billion in 2009 and cost the Nation $12.1 billion in lost productivity. (5) Very little has improved in terms of breast cancer incidence, morbidity, and mortality rates over the past 40 years. SEC. 4. ESTABLISHMENT. The President shall establish a commission to be known as the Commission to Accelerate the End of Breast Cancer (in this Act referred to as the ``the Commission''). SEC. 5. MISSION; DUTIES. (a) Mission.--The mission of the Commission shall be to help end breast cancer by January 1, 2020. (b) Duties.--The Commission shall-- (1) identify opportunities and ideas within government and the private sector that are key components in achieving the end of breast cancer and which have been overlooked, yet are ripe for collaboration and investment, and (2) recommend projects to leverage such opportunities and ideas in the areas of-- (A) the primary prevention of breast cancer; and (B) the causes and prevention of breast cancer metastasis. (c) Means.--In carrying out the duties described in subsection (b), the Commission shall-- (1) identify revolutionary opportunities and ideas in fundamental and applied sciences and epidemiology with a focus on ending breast cancer; (2) identify timely opportunities and scientific discoveries which can be turned into real world strategies to prevent breast cancer and prevent breast cancer metastasis and deaths; (3) promote ideas that are intellectually compelling, innovative, and imaginative; (4) accelerate potential transformational scientific advances-- (A) not being prioritized within the Federal Government, but which can help to achieve the mission described in subsection (a); and (B) unlikely to be achieved by the private sector due to technical and financial uncertainty; (5) identify promising, underdeveloped areas of research that would benefit from a cluster of government, industry, and academia forming innovation communities to rapidly advance knowledge into practice, while creating new opportunities for job creation and advancement; (6) identify opportunities for transdisciplinary cross- cutting collaborations; and (7) identify opportunities for seed grants to leverage identified opportunities and ideas. (d) Strategic Vision.--Not later than 6 months after the appointment of the initial members of the Commission, the Commission shall submit to the President and the relevant authorizing and appropriations committees of the Congress a description of the Commission's strategic vision for making progress in achieving the mission described in subsection (a) by January 1, 2020. (e) Annual Reports.--The Commission shall submit an annual report to the President, the Congress, and the public describing the Commission's activities under this section, including its progress in achieving the mission described in subsection (a). SEC. 6. MEMBERSHIP. (a) Number; Appointment.--The Commission shall be composed of not more than 10 members, of which-- (1) not more than 8 shall be appointed by the President; (2) 1 shall be appointed by the Speaker of the House of Representatives; and (3) 1 shall be appointed by the majority leader of the Senate. (b) Composition.-- (1) In general.--Each member of the Commission shall be appointed to represent one of the following 3 categories: (A) Representatives of varied disciplines within the biomedical research field. (B) Representatives of varied disciplines outside of the biomedical research field. (C) Educated patient advocates, meaning individuals who-- (i) represent a patient-led, patient- centered organization with a patient constituency; (ii) have been personally affected by breast cancer; and (iii) are trained, knowledgeable, and prepared to participate in the decisionmaking process of science and medicine. (2) Representation of membership categories.--Of the members of the Commission-- (A) at least 1 but not more than 3 shall be appointed to represent the category described in paragraph (1)(A); (B) at least 1 but not more than 3 shall be appointed to represent the category described in paragraph (1)(B); and (C) at least 2 but not more than 4 shall be appointed to represent the category described in paragraph (1)(C). (c) Initial Members.--The initial members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (d) Terms.-- (1) In general.--Each member of the Commission shall be appointed for a term of 3 years and may be reappointed. (2) Vacancies.--Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Quorum.--Three members of the Commission shall constitute a quorum. SEC. 7. CHAIRPERSON AND COMMISSIONERS. (a) Chairperson.-- (1) Designation.--Of the members of the Commission appointed under section 6(a), the President shall at the time of appointment, designate one to serve as Chairperson of the Commission. (2) Qualifications.--The Chairperson shall be an individual who, by reason of professional background and experience, is especially qualified to manage areas of study pertaining to ending breast cancer by January 1, 2020. (3) Responsibilities.--The responsibilities of the Chairperson shall include-- (A) approving all new study projects and areas of study of the Commission based on innovation, impact, and scientific and technical merit; (B) developing criteria (including milestones) for assessing, and overseeing assessment of, the success of the study projects and areas of study of the Commission; (C) identifying opportunities for seed grants and other funding through awards, prizes, grants, and contracts to achieve the mission described in section 5(a); and (D) terminating study projects and areas of study of the Commission that are not achieving the mission described in section 5(a). (b) Commissioners.-- (1) In general.--The Chairperson of the Commission may appoint members of the Commission to oversee one or more areas of study of the Commission. (2) Responsibilities.--A member appointed under paragraph (1) shall, with respect to one or more areas of study, be responsible for-- (A) recommending novel proposals, projects, and collaborations based on scientific and technical merit to achieve the mission described in section 5(a) with a focus on strategies for the primary prevention of breast cancer, and methods to prevent breast cancer metastasis; (B) identifying ideas and opportunities to achieve the mission described in section 5(a) that are intellectually compelling, innovative, and imaginative, including such ideas and opportunities not being prioritized for breast cancer relevance within Federal agencies or programs or the private sector; (C) working with other relevant Federal agencies to identify areas of concurrent interests in order to maximize Federal investment and stimulate collaborative projects; (D) identifying opportunities for transdisciplinary, cross-cutting collaborations; and (E) monitoring the progress of study projects and areas of study and recommending restructure or termination. SEC. 8. COORDINATION AND NONDUPLICATION. To the maximum extent practicable, the Commission shall ensure that the activities of the Commission are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. SEC. 9. EVALUATION OF THE COMMISSION. (a) In General.--The President shall seek to enter into an agreement with the Institute of Medicine of the National Academy of Sciences under which the Institute, after the Commission has been in operation for 3 years, completes an evaluation of how well the Commission is making progress towards achieving the mission described in section 5(a). (b) Inclusions.--The evaluation under subsection (a) shall include-- (1) a recommendation on whether the Commission should be continued or terminated; and (2) a description of lessons learned from operation of the Commission. (c) Availability.--On completion of the evaluation under subsection (a), the Commission shall make the evaluation available to the Congress and the public. SEC. 10. TERMINATION. The Commission shall terminate on June 1, 2020.

Accelerating the End of Breast Cancer Act of 2011 - Directs the President to establish the Commission to Accelerate the End of Breast Cancer to help end breast cancer by January 1, 2020. Directs the Commission to: (1) identify opportunities and ideas within government and the private sector that are key components in achieving the end of breast cancer and which have been overlooked, yet are ripe for collaboration and investment; (2) recommend projects to leverage such opportunities and ideas in the areas of the primary prevention of breast cancer and the causes and prevention of breast cancer metastasis; and (3) ensure that its activities are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. Directs the President to enter into an agreement with the Institute of Medicine for an evaluation of the Commission's progress. Terminates the Commission on June 1, 2020.

To provide for the establishment of a Commission to Accelerate the End of Breast Cancer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Freedom Support Act''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--CODIFICATION OF SANCTIONS AGAINST IRAN Sec. 101. Codification of sanctions. TITLE II--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 Sec. 201. Multilateral regime. Sec. 202. Imposition of sanctions. Sec. 203. Termination of sanctions. Sec. 204. Sunset. Sec. 205. Clarification and expansion of definitions. TITLE III--DEMOCRACY IN IRAN Sec. 301. Declaration of Congress regarding United States policy toward Iran. Sec. 302. Assistance to support democracy in Iran. Sec. 303. Sense of Congress regarding designation of democratic opposition organizations. TITLE I--CODIFICATION OF SANCTIONS AGAINST IRAN SEC. 101. CODIFICATION OF SANCTIONS. (a) Codification of Sanctions Related to Weapons of Mass Destruction.--United States sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran, as in effect on the date of enactment of this Act, shall remain in effect, until the President certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating the proliferation of such weapons. (b) No Effect on Other Sanctions Relating to Support for Acts of International Terrorism.--Notwithstanding a certification by the President under subsection (a), United States sanctions, controls, and regulations relating to a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) relating to support for acts of international terrorism by the Government of Iran, as in effect on the date of the enactment of this Act, shall remain in effect. TITLE II--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 SEC. 201. MULTILATERAL REGIME. (a) Reports to Congress.--Section 4(b) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows: ``(b) Reports to Congress.--Not later than six months after the date of the enactment of the Iran Freedom Support Act and every six months thereafter, the President shall submit to the appropriate congressional committees a report regarding specific diplomatic efforts undertaken pursuant to subsection (a), the results of those efforts, and a description of proposed diplomatic efforts pursuant to such subsection. Each report shall include-- ``(1) a list of the countries that have agreed to undertake measures to further the objectives of section 3 with respect to Iran; ``(2) a description of those measures, including-- ``(A) government actions with respect to public or private entities (or their subsidiaries) located in their territories, that are engaged in Iran; ``(B) any decisions by the governments of these countries to rescind or continue the provision of credits, guarantees, or other governmental assistance to these entities; and ``(C) actions taken in international fora to further the objectives of section 3; ``(3) a list of the countries that have not agreed to undertake measures to further the objectives of section 3 with respect to Iran, and the reasons therefor; and ``(4) a description of any memorandums of understanding, political understandings, or international agreements to which the United States has acceded which affect implementation of this section or section 5(a).''. (b) Waiver.--Section 4(c) of such Act (50 U.S.C. 1701 note) is amended to read as follows: ``(c) Waiver.-- ``(1) In general.--The President may, on a case by case basis, waive for a period of not more than six months the application of section 5(a) with respect to a national of a country, if the President certifies to the appropriate congressional committees at least 30 days before such waiver is to take effect that-- ``(A) such waiver is vital to the national security of the United States; and ``(B) the country of the national has undertaken substantial measures to prevent the acquisition and development of weapons of mass destruction by the Government of Iran. ``(2) Subsequent renewal of waiver.--If the President determines that such is appropriate, the President may, at the conclusion of the period of a waiver under paragraph (1), renew such waiver for a subsequent period of not more than six months.''. (c) Investigations.--Section 4 of such Act (50 U.S.C. 1701 note) is amended by adding at the end the following new subsection: ``(f) Investigations.-- ``(1) In general.--Upon public or private disclosure of activity related to investment in Iran by a person as described in this Act, the President shall direct the Secretary of the Treasury to initiate an investigation into the possible imposition of sanctions against such person as a result of such activity, to notify such person of such investigation, and to provide a recommendation to the President for such purposes. ``(2) Determination and notification.--Not later than 90 days after the date of the disclosure of the activity described in paragraph (1), the President shall determine whether or not to impose sanctions against such person as a result of such activity and shall notify the appropriate congressional committees of the basis for such determination. ``(3) Publication.--Not later than 10 days after the President notifies the appropriate congressional committees under paragraph (2), the President shall ensure publication in the Federal Register of-- ``(A) the identification of the persons against which the President has made a determination that the imposition of sanctions is appropriate, together with an explanation for such determination; and ``(B) the identification of the persons against which the President has made a determination that the imposition of sanctions is not appropriate, together with an explanation for such determination.''. SEC. 202. IMPOSITION OF SANCTIONS. (a) Sanctions With Respect to Development of Petroleum Resources.-- Section 5(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended-- (1) in the heading, by striking ``to Iran'' and inserting ``to the Development of Petroleum Resources of Iran''; (2) by striking ``(6)'' and inserting ``(5)''; and (3) by striking ``with actual knowledge,''. (b) Sanctions With Respect to Development of Weapons of Mass Destruction or Other Military Capabilities.--Section 5(b) of such Act (50 U.S.C. 1701 note) is amended to read as follows: ``(b) Mandatory Sanctions With Respect to Development of Weapons of Mass Destruction or Other Military Capabilities.--Notwithstanding any other provision of law, the President shall impose two or more of the sanctions described in paragraphs (1) through (5) of section 6 if the President determines that a person has, on or after the date of the enactment of this Act, exported, transferred, or otherwise provided to Iran any goods, services, technology, or other items the provision of which has contributed to the ability of Iran to-- ``(1) acquire or develop chemical, biological, or nuclear weapons or related technologies; or ``(2) acquire or develop destabilizing numbers and types of advanced conventional weapons.''. (c) Persons Against Which the Sanctions Are to Be Imposed.--Section 5(c)(2) of such Act (50 U.S.C. 1701 note) is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(D) is a private or government lender, insurer, underwriter, re-insurer, or guarantor of the person referred to in paragraph (1) if that private or government lender, insurer, underwriter, re-insurer, or guarantor, with actual knowledge, engaged in the activities referred to in paragraph (1).''. (d) Effective Date.--Sanctions imposed pursuant to the amendments made by this section shall apply with respect to investments made in Iran on or after the date of the enactment of this Act. SEC. 203. TERMINATION OF SANCTIONS. (a) Removal of Libya.--Section 8 of the Iran and Libya Sanctions Act 1996 (50 U.S.C. 1701 note) is amended-- (1) in subsection (a), by striking the subsection designation and heading; and (2) by striking subsection (b). (b) No Threat Posed.--Such section, as amended by subsection (a), is further amended-- (1) in paragraph (1)(C), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(3) poses no threat to United States national security, interests, or allies.''. SEC. 204. SUNSET. Section 13 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended-- (1) in the section heading, by striking ``; sunset''; (2) in subsection (a), by striking the subsection designation and heading; and (3) by striking subsection (b). SEC. 205. CLARIFICATION AND EXPANSION OF DEFINITIONS. (a) Person.--Section 14(14)(B) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended-- (1) by inserting after ``trust'' the following: ``, financial institution, insurer, underwriter, re-insurer, guarantor''; and (2) by striking ``operating as a business enterprise''. (b) Petroleum Resources.--Section 14(15) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by inserting after ``petroleum'' the following: ``, petroleum by-products,''. TITLE III--DEMOCRACY IN IRAN SEC. 301. DECLARATION OF CONGRESS REGARDING UNITED STATES POLICY TOWARD IRAN. Congress declares that it should be the policy of the United States to support independent human rights and pro-democracy forces in Iran. SEC. 302. ASSISTANCE TO SUPPORT DEMOCRACY IN IRAN. (a) Authorization.--The President is authorized to provide financial and political assistance (including the award of grants) to foreign and domestic individuals, organizations, and entities that support democracy and the promotion of democracy in Iran and that are opposed to the non-democratic Government of Iran. Such assistance may include the award of grants to eligible independent pro-democracy radio and television broadcasting organizations that broadcast into Iran. (b) Eligibility for Assistance.--Financial and political assistance under this section may be provided to an individual, organization, or entity that-- (1) officially opposes the use of terrorism; (2) advocates the adherence by Iran to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel; (3) is dedicated to democratic values and supports the adoption of a democratic form of government in Iran; (4) is dedicated to respect for human rights, including the fundamental equality of women; (5) works to establish equality of opportunity for people; and (6) supports freedom of the press, freedom of speech, freedom of association, and freedom of religion. (c) Funding.--The President may provide assistance under this section using-- (1) funds available to the Middle East Partnership Initiative (MEPI), the Broader Middle East and North Africa Initiative, and the National Endowment for Democracy (NED); and (2) amounts made available pursuant to the authorization of appropriations under subsection (g). (d) Notification.--Not later than 15 days before each obligation of assistance under this section, and in accordance with the procedures under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-l), the President shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (e) Sense of Congress Regarding Coordination of Policy and Appointment.--It is the sense of Congress that in order to ensure maximum coordination among Federal agencies, if the President provides the assistance under this section, the President should appoint an individual who shall-- (1) serve as special assistant to the President on matters relating to Iran; and (2) coordinate among the appropriate directors of the National Security Council on issues regarding such matters. (f) Sense of Congress Regarding Diplomatic Assistance.--It is the sense of Congress that-- (1) contacts should be expanded with opposition groups in Iran that meet the criteria under subsection (b); (2) support for a transition to democracy in Iran should be expressed by United States representatives and officials in all appropriate international fora; (3) representatives of the Government of Iran should be denied access to all United States Government buildings; (4) efforts to bring a halt to the nuclear weapons program of Iran, including steps to end the supply of nuclear components or fuel to Iran, should be intensified, with particular attention focused on the cooperation regarding such program-- (A) between the Government of Iran and the Government of the Russian Federation; and (B) between the Government of Iran and individuals from China, Malaysia, and Pakistan, including the network of Dr. Abdul Qadeer (A. Q.) Khan; and (5) officials and representatives of the United States should-- (A) strongly and unequivocally support indigenous efforts in Iran calling for free, transparent, and democratic elections; and (B) draw international attention to violations by the Government of Iran of human rights, freedom of religion, freedom of assembly, and freedom of the press. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Department of State such sums as may be necessary to carry out this section. SEC. 303. SENSE OF CONGRESS REGARDING DESIGNATION OF DEMOCRATIC OPPOSITION ORGANIZATIONS. (a) Initial Designation.--It is the sense of Congress that, not later than 90 days after the date of the enactment of this Act, the President should designate at least one democratic opposition organization as eligible to receive assistance under section 302. (b) Notification Requirement.--Not later than 15 days before designating a democratic opposition organization as eligible to receive assistance under section 302, the President shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate of the proposed designation. If the President determines that such is appropriate, such notification may be in classified form.

Iran Freedom Support Act - States that: (1) U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the President certifies to the appropriate congressional committees that Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating such weapons' proliferation; and (2) such certification shall have no effect on other sanctions relating to Iranian support of international terrorism. Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) revise multilateral regime reporting requirements, including provisions respecting sanctions on individuals aiding Iranian petroleum development; (4) enlarge the scope of sanctionable entities; and (5) eliminate the sunset provision Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy in Iran and that are opposed to the Government of Iran. Expresses the sense of Congress that: (1) the President should appoint a special assistant on Iranian matters; (2) contacts should be expanded with democratic Iranian opposition groups; and (3) the President should designate at least one such eligible group within 90 days of enactment of this Act.

To hold the current regime in Iran accountable for its threatening behavior and to support a transition to democracy in Iran.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Carrier Safety Improvement Act of 1999''. SEC. 2. ESTABLISHMENT OF A MOTOR CARRIER SAFETY ADMINISTRATION. (a) In General.--Chapter 1 of subtitle I of title 49, United States Code, is amended by adding at the end thereof the following: ``Sec. 113. Motor Carrier Safety Administration ``(a) Establishment.--The Motor Carrier Safety Administration is an administration of the Department of Transportation. ``(b) Administrator.--The Head of the Administration is an Administrator who is appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in motor carrier safety. The Administrator reports directly to the Secretary. ``(c) Functions, Powers, and Duties.--The Administrator shall carry out-- ``(1) duties and powers related to motor carrier safety vested in the Secretary by chapters 5, 311, 313, 315, and 317 of this title; and ``(2) other functions, powers, and duties of the Secretary related to motor carriers as prescribed by the Secretary, except for the authority to promulgate motor vehicle safety standards applicable to the manufacture and retrofit of trucks and buses which authority shall be in the National Highway Traffic Safety Administration. ``(d) Motor Coach Division.--Within the Administration, there shall be a separate division to oversee commercial motor coach safety and to carry out other functions, powers, and duties of the Secretary as prescribed by the Secretary. ``(e) Continuity of Operations.-- ``(1) In general.--Except as otherwise provided in the Motor Carrier Safety Improvement Act of 1999, or the amendments made thereby, the Administrator shall perform all functions that, immediately before the effective date of such Act, were functions of the Office of Motor Carrier and Highway Safety of the Federal Highway Administration or were performed by any officer or employee of the Office of Motor Carrier and Highway Safety in the capacity of such officer or employee. Those personnel, property, and records employed, used, held, available, or to be made available in connection with a function transferred to the Administrator by this Act shall be transferred to the Administrator for use in connection with the functions transferred, and unexpended balances of appropriations, allocations, or other funds of the Office of Motor Carrier and Highway Safety shall also be transferred to the Administrator. ``(2) Cap on personnel and funding at fy 2000 level.-- Except as otherwise provided in the Motor Carrier Safety Improvement Act of 1999, or the amendments made thereby, the number of personnel employed by, and funds available for operations of, the Motor Carrier Safety Administration shall not exceed the number of personnel, or funds available, respectively, within the Department of Transportation for the duties, powers, and functions described in subsection (c) for fiscal year 2000.''. (b) Conforming Amendments.-- (1) Federal highway administration.--Section 104 of title 49, United States Code, is amended-- (A) by inserting ``and'' after the semicolon in subsection (c)(1); (B) by striking paragraph (2) of subsection (c) and redesignating paragraph (3) as paragraph (2); and (C) by striking subsection (d) and redesignating subsection (e) as subsection (d). (2) Chapter analysis.--The chapter analysis for such chapter is amended by adding at the end thereof the following: ``113. Motor Carrier Safety Administration.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) Motor Carrier Safety Administration.--There are authorized to be appropriated to the Secretary of Transportation from the Highway Trust Fund (other than from the Mass Transit Account) such sums as may be necessary to pay the operating expenses of the Motor Carrier Safety Administration. (b) Availability of Amounts for State Grants.--Section 31104(a) of title 49, United States Code is amended to read as follows: ``(a) In General.--The following amounts are authorized for the Secretary of Transportation to incur obligations to carry out section 31102: ``(1) Not more than $120,500,000 for fiscal year 2000, of which not less than $95,000,000 will be made available from the Highway Trust Fund (other than the Mass Transit Account). ``(2) Not more than $125,500,000 for fiscal year 2001, of which not less than $100,000,000 will be made available from the Highway Trust Fund (other than the Mass Transit Account). ``(3) Not more than $130,500,000 for fiscal year 2002, of which not less than $105,000,000 will be made available from the Highway Trust Fund (other than the Mass Transit Account). ``(4) Not more than $135,500,000 for fiscal year 2003, of which not less than $110,000,000 will be made available from the Highway Trust Fund (other than the Mass Transit Account).''. (c) Contract Authority Funding for Information Systems.-- (1) In general.--Section 31107 of title 49, United States Code, is amended-- (A) by striking so much of the section as precedes subsection (b) and inserting the following: ``Sec. 31107. Authorization of appropriations and contract authority funding for information systems ``(a) Funding.--The following amounts are authorized to carry out sections 31106 and 31309 of this title: ``(1) Not more than $35,000,000 for fiscal year 2000, of which not less than $10,000,000 will be made available from the Highway Trust Fund (other than the Mass Transit Account). ``(2) Not more than $36,500,000 for fiscal year 2001, of which not less than $12,000,000 will be made available from the Highway Trust Fund (other than the Mass Transit Account). ``(3) Not more than $36,500,000 for fiscal year 2002, of which not less than $12,000,000 will be made available from the Highway Trust Fund (other than the Mass Transit Account). ``(4) Not more than $39,500,000 for fiscal year 2003, of which not less than $15,000,000 will be made available from the Highway Trust Fund (other than the Mass Transit Account).''; and (B) by redesignating subsection (b) as subsection (c), and inserting after subsection (a) the following: ``(b) Emergency CDL Program Grants.--Of the amounts authorized by subsection (a), the Secretary may provide a grant of up to $1,000,000 to a grant to a State whose commercial driver's license program is in danger of being designated as failing to fulfill compliance requirements. If the Secretary determines a State will not fulfill compliance requirements after it has received such a grant, the Secretary shall immediately suspend the State's authority to issue commercial driver's licenses.''. (2) Conforming amendment.--The analysis for such chapter is amended by striking the item relating to section 31107 and inserting the following: ``31107. Authorization of appropriations and contract authority funding for information systems.''. SEC. 4. ADMINISTRATIVE IMPROVEMENTS. The Secretary of Transportation shall implement the safety improvement recommendations provided for in the Department of Transportation Inspector General's Report TR-1999-91. The Secretary shall report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure the specific actions taken to carry out this section every 90 days, beginning 90 days after the date of enactment of this Act, until all of those recommendations have been implemented. SEC. 5. IMPROVEMENTS TO THE COMMERCIAL DRIVERS LICENSE PROGRAM. (a) In General.--Section 31311(a) of title 49, United States Code, is amended-- (1) by striking ``commercial'' the second place it appears in paragraph (6); (2) by striking ``cancellation.'' in paragraph (8) and inserting ``cancellation, and the violation that resulted in the disqualification, revocation, suspension, or cancellation shall be recorded.''; (3) by striking ``individual operating a commercial'' in paragraph (9) and inserting ``individual possessing a commercial driver's license operating a''; (4) by striking ``violation.'' in paragraph (9) and inserting ``violation, and the violation shall be recorded.''; (5) by adding at the end of paragraph (10) the following: ``The State may not issue a special license or permit to an individual who holds a commercial driver's license that permits the individual to drive a commercial motor vehicle during a period in which-- ``(A) the individual is disqualified from operating a commercial motor vehicle; or ``(B) the individual's driver's license is revoked, suspended, or canceled.''; and (6) by adding at the end thereof the following: ``(18) The State shall maintain, as part of its driver information system, a record of each violation by, or conviction under, a State or local motor vehicle traffic control law while operating a motor vehicle (except a parking violation) for each individual who holds a commercial driver's license. ``(19) The State may not allow information regarding violations described in section 31310 of this chapter to be withheld or masked in any way from the record of an individual possessing a commercial driver's license. This paragraph takes effect on January 1, 2001.''. (b) Withholding for Noncompliance.--Subsections (a) and (b) of 31314 of title 49, United States Code, are each amended by striking ``shall withhold'' and inserting ``may withhold up to''. (c) Medical Certificates.-- (1) Medical certificates.--Within 6 months after the date of enactment of this Act, the Secretary of Transportation shall initiate a rulemaking to provide for a Federal medical qualification certificate to be made a part of commercial drivers' licenses issued by any State. (2) National registry of medical providers.--The Secretary shall initiate a rulemaking to establish a national registry of preferred medical providers. To be listed in the registry, a medical provider shall, at a minimum, demonstrate knowledge of the Federal Motor Carrier Safety Standards for driver medical and physical qualifications. (d) Decertification Authority.-- (1) In general.--Chapter 313 of title 49, United States Code, is amended by adding at the end thereof the following: ``Sec. 31312. Decertification authority ``If the Secretary of Transportation determines that a State is in substantial noncompliance with this chapter, the Secretary shall-- ``(1) prohibit that State from carrying out licensing procedures under this chapter; and ``(2) prohibit that State from issuing any commercial driver's licenses until such time the Secretary determines such State is in compliance with this chapter.''. (2) Conforming amendment.--The chapter analysis for chapter 313 of title 49, United States Code, is amended by adding at the end thereof the following: ``31312. Decertification authority''. SEC. 6. IMPROVED DATA COLLECTION AND MOTOR CARRIER SAFETY. (a) In General.--The Secretary of Transportation shall carry out a program, in cooperation with the States, to improve the collection and analysis of data on crashes, including crash causation, involving commercial motor vehicles. (b) Program Administration.--The Secretary shall administer the program through the National Highway Traffic Safety Administration in cooperation with the Motor Carrier Safety Administration. The National Highway Traffic Administration shall-- (1) enter into agreements with the States to collect data and report the data by electronic means to a central data repository; and (2) train State employees and motor carrier safety enforcement officials to assure the quality and uniformity of the data. (c) Use of Data.--The National Highway Traffic Safety Administration shall-- (1) integrate the data, including driver citation and conviction information; and (2) make the data base available electronically to the Motor Carrier Safety Administration, the States, motor carriers, and other interested parties for problem identification, program evaluation, planning, and other safety- related activities. (d) Report.--Within 3 years after the date on which the improved data program begins, the Secretary shall transmit a report to the Congress on the program, together with any recommendations the Secretary finds appropriate. (e) Funding.--For each of the fiscal years 2001, 2002, and 2003, the Secretary may use up to $10,000,000 of the amounts made available to the Secretary under section 31107 of title 49, United States Code, to carry out this section. (f) Harmonization of Reporting Violations by States.--The Secretary of Transportation, in cooperation with the States, shall develop a uniform system to support the electronic transmission of data State-to- State on violations of all motor vehicle traffic control laws by individuals possessing a commercial drivers' licenses as required by sections 31311(a)(9) and (19) of title 49, United States Code. Not later than 2 years after the date of enactment of this act, the Secretary shall transmit to the Committee on Commerce, Science and Transportation and the Committee on Transportation and Infrastructure a report on the status of the implementation of this subsection. (g) Motor Carrier Safety Initiatives.-- (1) Event recorders.--The Secretary of Transportation shall establish a department-wide policy to ensure the protection of privacy for any individual or entity utilizing electronic recorders or other technology to monitor vehicle and operator performance or location. Under the policy established by the Secretary the data obtained from the devices shall receive no less protection than that provided for users and owners of flight data recorders, cockpit voice recorders, and other forms of safety information under Federal Aviation Administration and National Transportation Safety Board privacy procedures or regulations. (2) 8-passenger vehicle safety rule.--The regulations prescribed by the Secretary of Transportation under section 31136 of title 49, United States Code, apply to operators of commercial motor vehicles described in section 31132(1)(B) of such title. This paragraph takes effect 60 days after the date of enactment of this Act. (3) Data improvements for uniform carrier registration system.--Section 13908 of title 49, United States Code, is amended-- (A) by striking the last sentence of subsection (d); and (B) by adding at the end thereof the following: ``(f) Deadline for Operational System.--The uniform carrier registration system developed under this section shall be in operation no later than one year after the date of enactment of the Motor Carrier Safety Improvement Act of 1999.''. (4) Minimum financial responsibility.-- (A) Transportation of passengers.--Section 31138 of title 49, United States Code, is amended-- (i) by striking ``for compensation'' in subsection (a); and (ii) adding at the end of subsection (c) the following: ``(4) The Secretary shall require all persons subject to the minimum financial responsibility requirements of this section to file evidence of the required financial responsibility with the Secretary.''. (B) Transportation of Property.--Section 31139 of title 49, United States Code, is amended-- (i) by striking ``for compensation'' in subsection (b)(1); and (ii) adding at the end of subsection (e) the following: ``(4) The Secretary shall require all persons subject to the minimum financial responsibility requirements of this section to file evidence of the required financial responsibility with the Secretary.''. SEC. 7. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE. (a) Establishment.--The Secretary of Transportation may establish a Commercial Motor Vehicle Safety Advisory Committee to provide advice and recommendations on a range of regulatory issues. The members of the advisory committee shall be appointed by the Secretary from among individuals affected by rulemakings under consideration by the Department of Transportation, including representatives of labor, industry, safety advocates, manufacturers, and safety enforcement officials. No one interest may constitute a majority of the advisory committee. (b) Function.--The advisory committee established under subsection (a) shall provide advice to the Secretary on commercial motor vehicle safety regulations and assist the Secretary in timely completion of ongoing rulemakings by utilizing negotiated rulemaking procedures. SEC. 8. OWNER-CONTROLLED INSURANCE PROGRAM ACCOUNTABILITY. (a) In General.--Section 305 of title 49, United States Code, is amended by adding at the end thereof the following: ``(c) Owner-Controlled Insurance Program Accountability.-- ``(1) In general.--For all transportation projects receiving Federal funding, the Secretary shall-- ``(A) ensure that reserves for owner-controlled insurance programs do not exceed current and projected liabilities, as computed using acceptable actuarial cost methods, for claims; ``(B) in the case of liabilities that do not become payable for more than one year after reserves are provided, ensure that the reserve amounts do not exceed the discounted value of the liabilities; and ``(C) ensure that adjustments in owner-controlled insurance program premiums and reserves are made at least annually. ``(2) Refunds.--Any refunds of insurance premiums or reserve amounts, including interest, that exceed a project's liabilities shall be immediately returned to the Federal government.''.

(Sec. 3) Authorizes appropriations, with specified amounts earmarked for State grants, including emergency grants to any State whose commercial driver's license program is in danger of designation as failing to fulfill compliance requirements. (Sec. 4) Directs the Secretary of Transportation to implement the safety improvement recommendations in the Department of Transportation Inspector General's Report TR-1999-91. (Sec. 5) Amends Federal transportation law to prohibit a State from issuing a special license or permit to an individual who holds a commercial driver's license that permits the individual to drive a commercial motor vehicle during a period in which: (1) the individual is disqualified from operating a commercial vehicle; or (2) the individual's driver's license is revoked, suspended, or canceled. Requires a State to maintain, as part of its driver information system, a record of each violation by, or conviction under, a State or local motor vehicle traffic control law while operating a motor vehicle (except a parking violation) for each individual who holds a commercial driver's license. Changes from mandatory to discretionary the Secretary's authority to withhold specified percentages of apportionments from States that do not substantially comply with Federal requirements with respect to commercial motor vehicle driver licensing. Directs the Secretary to initiate rulemaking to: (1) require a Federal medical qualification certificate as part of State-issued commercial drivers' licenses; and (2) establish a national registry of preferred medical providers. Specifies the Secretary's authority to decertify States in substantial noncompliance with Federal requirements. (Sec. 6) Directs the Secretary, through the National Highway Traffic Safety Administration in cooperation with the Motor Carrier Safety Administration, to carry out a program with the States to improve the collection and analysis of data on crashes, including crash causation, involving commercial motor vehicles. Directs the Secretary to establish a department-wide policy to ensure the protection of privacy for any individual or entity utilizing electronic event recorders or other technology to monitor vehicle and operator performance or location. Applies specified safety regulations to eight-passenger vehicles. (Sec. 7) Authorizes the Secretary to establish a Commercial Motor Vehicle Safety Advisory Committee. (Sec. 8) Amends Federal transportation law to require the Secretary, for all transportation projects receiving Federal funding, to ensure that: (1) reserves for owner-controlled insurance programs do not exceed current and projected liabilities for claims; and (2) adjustments in owner-controlled insurance program premiums and reserves are made at least annually. Requires return to the Federal government of any refunds of insurance premiums or reserve amounts, including interest, that exceed a project's liabilities.

Motor Carrier Safety Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``More Water for Our Valley Act, 2011''. SEC. 2. COMPLIANCE WITH ENDANGERED SPECIES ACT OF 1973. (a) Findings.--Congress finds the following: (1) The economy of the San Joaquin Valley in California is predominantly based on irrigated agriculture served water to the westside and southern end of the San Joaquin Valley by-- (A) the Central Valley Project; and (B) the California State Water Project. (2) The quantity of water available for irrigated agriculture in these areas of the San Joaquin Valley served by the Central Valley Project and the California State Water Project has been reduced significantly as a result of restrictions placed on the operations of the Central Valley Project and the California State Water Project under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (3) California's San Joaquin Valley is one of the most productive agricultural regions in the world, and produces more than 250 different crops with an estimated value of $17,000,000,000 per year, supplying about eight percent of United States agricultural production and approximately 40 percent of the Nation's fruits and vegetables on less than one percent of the United States farmland. Crops grown in the San Joaquin Valley are exported to 100 countries around the world. The San Joaquin Valley is an essential source of the food supplies for the United States and the world. (4) Water supply shortages resulting from regulatory restrictions on the operations of the Central Valley Project and the California State Water Project have greatly exacerbated the economic recession and contributed to an economic crisis in the San Joaquin Valley. (5)(A) More than 400,000 acres of highly productive farmland in the San Joaquin Valley were fallowed in 2009. (B) Unemployment rates in small rural communities in the San Joaquin Valley remain close to 40 percent. (C) Food banks throughout the San Joaquin Valley face unprecedented demand from unemployed residents, with Fresno County Food Bank expecting to serve more meals in 2011 than in 2009. (6) Any water not captured and stored by the Central Valley Project and the California State Water Project is water that could have been used to sustain irrigated agriculture and the many businesses and communities that rely on it throughout the Central Valley of California. (7) As of March 1, 2011, snowpack and rainfall are above average for the State of California. However, deliveries to water agencies that rely on exports from the Sacramento-San Joaquin Delta (California Bay-Delta) are expected to remain at reduced levels this year due to pumping restrictions imposed on operations of the Central Valley Project and the California State Water Project under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (8) Due to reduced surface water supplies, reliance on groundwater has increased, and the withdrawals from the aquifers are unsustainable and put significant infrastructure at risk of collapse, including the State Water Project's California Aqueduct, due to permanent subsidence of land over the overdrafted aquifers. (9) Significant habitat for a number of native fish species in the California Bay-Delta (including tidal marsh and wetlands), and access to spawning grounds, have been significantly reduced during the last century. (10) Discharge of pollutants and invasive species have dramatically impaired the ecosystem of the California Bay- Delta. (11) Large-scale and sustained habitat restoration and fish passage improvements are essential-- (A) to restore the unique ecosystem of the California Bay-Delta; and (B) to recover native species in the California Bay-Delta. (12) As of the date of enactment of this Act, Federal and State agencies, and a number of interested parties, continue to develop the Bay Delta Conservation Plan to establish a habitat conservation plan-- (A) to provide ecosystem restoration; (B) to contribute to native species recovery; and (C) to allow for projects to proceed that restore and protect water supplies for-- (i) the Central Valley Project; and (ii) the California State Water Project. (b) Compliance.-- (1) In general.--All requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to operations of the Central Valley Project and the California State Water Project (``Projects'') shall be deemed satisfied with regard to the species and their critical habitat covered by the biological opinions for the operations of the Central Valley Project and the California State Water Project issued by the United States Fish and Wildlife Service and dated December 15, 2008, and the National Marine Fisheries Service and dated June 4, 2009 (the ``biological opinions''), if-- (A) the alternatives described in that portion of the biological opinions entitled ``Reasonable and Prudent Alternatives'' are implemented; and (B) the actions described in paragraph (2) are carried out. (2) Mandates.--The Secretary of the Interior and the Secretary of Commerce shall ensure the following: (A) Flows.--For each calendar year, during the period beginning on December 1 and ending on June 30, neither biological opinion described in paragraph (1) shall restrict reverse flow in Old and Middle Rivers to a 14-day average of the mean daily reverse flow of less than -5,000 cubic feet per second. (B) Control of pumping operations.--For each calendar year, during the period beginning on April 1 and ending on May 31, rates of export shall not be reduced pursuant to the biological opinion of the National Marine Fisheries Service described in paragraph (1), except as required to implement California State Water Resources Control Board Water Rights Decision 1641 or a superseding water rights decision. (C) Fall X2.--For each calendar year, during the period beginning September 1 and ending November 30, monthly average X2 no greater (more eastward) than 74 km (from the Golden Gate) shall be maintained only to the extent that such action does not diminish the capability of either the Central Valley Project or the California State Water Project to make water available for other authorized project purposes. (3) Modification.--The Secretary of the Interior may modify the flow and pumping operation mandates established in paragraph (2) upon recommendations of the National Research Council Committee on Sustainable Water and Environmental Management in the California Bay-Delta, if such modifications-- (A) would provide greater benefits to the species covered by the biological opinions described in paragraph (1); and (B) would not reduce the water delivery capability of the Central Valley Project or California State Water Project more than their delivery capability allowed under paragraph (2). (c) Implementation of Action Plan.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Commerce shall-- (1) establish a fish hatchery program or refuge to preserve and restore the delta smelt in collaboration with the Governor of the State of California; and (2) implement a habitat program under which each Secretary shall identify, prioritize, and implement key ecosystem restoration and fish passage projects in the ecosystem of, and on tributaries to, the California Bay-Delta to help ensure the viability of-- (A) at-risk species; and (B) species listed as threatened species or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)); and (3) install the Head of Old River Barrier during the April- May pulse flow, as set forth in California State Water Resources Control Board Water Rights Decision 1641. (d) Savings Clause.--Nothing in this section shall-- (1) diminish or result in a reduction of the water supply deliveries of the California State Water Project to its contractors; nor (2) shift an existing obligation of the Central Valley Project or other water project subject to the provisions of the biological opinions identified in subsection (b)(1) to any other person, agency, entity, or other water right holder. (e) San Joaquin River Restoration Settlement Act.--Nothing in this Act shall limit or otherwise affect the implementation of the San Joaquin River Restoration Settlement or the San Joaquin River Restoration Settlement Act (Public Law 111-11), including the Water Management Goal. (f) No Futher Restriction.--No State or any political subdivision thereof shall adopt or attempt to enforce any requirements relating to the impact of the operation of the Projects on the species and critical habitat covered by the biological opinions that is more restrictive than the requirements of this section. Any State law that authorizes the imposition of restrictions on the operation of the Projects in a manner that is more restrictive than this section is expressly preempted. (g) Termination.--This section and each authority and mandate under this section shall terminate on March 1, 2015.

More Water for Our Valley Act, 2011 - Deems requirements of the Endangered Species Act of 1973 relating to operations of the Central Valley Project and the California State Water Project to be satisfied with regard to the species and their critical habitat covered by the biological opinions for the operations of such Projects issued by the United States Fish and Wildlife Service and the National Marine Fisheries Service if: (1) the alternatives described in that portion of the biological opinions entitled "Reasonable and Prudent Alternatives" are implemented, and (2) the Secretary of the Interior and the Secretary of Commerce carry out flow and pumping operation mandates established by this Act with respect to reverse flow in the Old and Middle Rivers between December 1 and June 30, rates of export between April 1 and May 31, and monthly average X2 between September 1 and November 30. Authorizes the Secretary of the Interior to modify such mandates upon recommendations of the National Research Council Committee on Sustainable Water and Environmental Management in the California Bay-Delta, if such modifications would: (1) provide greater benefits to the species covered by such biological opinions; and (2) not reduce the water delivery capability of such Projects more than their delivery capability allowed under such mandates. Requires such Secretaries to: (1) establish a fish hatchery program or refuge to preserve and restore the delta smelt in collaboration with the governor of California; (2) implement a habitat program under which each Secretary shall identify, prioritize, and implement key ecosystem restoration and fish passage projects in the ecosystem of, and on tributaries to, the California Bay-Delta to help ensure the viability of at-risk species and threatened or endangered species; and (3) install the Head of Old River Barrier during the April-May pulse flow, as set forth in California State Water Resources Control Board Water Rights Decision 1641. Preempts any state law that authorizes the imposition of restrictions on the operation of the Projects in a manner that is more restrictive than this Act. Terminates this Act on March 1, 2015.

To provide congressional direction for implementation of the Endangered Species Act as it relates to operation of the Central Valley Project and the California State Water Project and for water relief in the State of California.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead-Acid Battery Recycling Act''. SEC. 2. RECYCLING OF LEAD-ACID BATTERIES. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following: ``SEC. 4011. RECYCLING OF LEAD-ACID BATTERIES. ``(a) Definitions.--In this section: ``(1) Lead-acid battery.--The term `lead-acid battery' means a battery that-- ``(A) contains lead and sulfuric acid; ``(B) is used as a power source; and ``(C) is not a rechargeable battery. ``(2) Municipal solid waste.--The term `municipal solid waste' means-- ``(A) solid waste generated by the general public or from a residential, commercial, institutional, or industrial source, consisting of paper, wood, yard waste, plastics, leather, rubber, and other combustible material and noncombustible material such as metal and glass, including residue remaining after recyclable material has been separated from waste destined for disposal, and including waste material removed from a septic tank, septage pit, or cesspool (other than from portable toilets); but ``(B) does not include-- ``(i) waste identified or listed as a hazardous waste under section 3001 of this Act or waste regulated under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); ``(ii) waste, including contaminated soil and debris, resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604, 9606) or any corrective action taken under this Act; ``(iii) medical waste listed in section 11002; ``(iv) industrial waste generated by manufacturing or industrial processes, including waste generated during scrap processing and scrap recycling; ``(v) recyclable material; or ``(vi) sludge. ``(3) Rechargeable battery.--The term `rechargeable battery'-- ``(A) means 1 or more voltaic or galvanic cells, electrically connected to produce electric energy, that is designed to be recharged for repeated uses; and ``(B) includes any type of enclosed device or sealed container consisting of 1 or more such cells, including what is commonly called a battery pack; but ``(C) does not include-- ``(i) a battery that is used to start an internal combustion engine or is used as the principal electrical power source for a vehicle, such as an automobile, truck, construction equipment, motorcycle, garden tractor, golf cart, wheelchair, or boat; ``(ii) a battery that is used for load leveling or for storage of electricity generated by an alternative energy source, such as a solar cell or wind-driven generator; ``(iii) a battery that is used as a backup power source for memory or program instruction storage, timekeeping, or any similar purpose that requires uninterrupted electrical power in order to function if the primary energy supply fails or fluctuates momentarily; or ``(iv) a rechargeable alkaline battery. ``(b) Prohibition.-- ``(1) In general.--A person shall not-- ``(A) place a lead-acid battery in a landfill; ``(B) incinerate a lead-acid battery; or ``(C) otherwise dispose of a lead-acid battery in a manner other than in accordance with subsection (c). ``(2) Commingled waste.--A person that is an owner or operator of a municipal solid waste landfill, incinerator, or collection program that receives a lead-acid battery that-- ``(A) is commingled with municipal solid waste (other than lead-acid batteries); and ``(B) is not readily removable from the waste stream, shall not be considered to violate paragraph (1) if the owner or operator has established contractual requirements or other appropriate notification or inspection procedures that are reasonably designed to ensure that no lead-acid battery is received at, or burned in, the landfill or incinerator facility or accepted through the collection program. ``(c) Lawful Disposal.-- ``(1) By persons in general.-- ``(A) In general.--A person (other than a person described in paragraph (2), (3), or (4)) shall return a spent lead-acid battery by delivering the battery to 1 of the authorized recipients described in subparagraph (B). ``(B) Authorized recipients.--The authorized recipients described in this subparagraph are-- ``(i) a person that sells lead-acid batteries at retail or wholesale; ``(ii) a lead smelter regulated by a State or the Administrator under this Act or the Clean Air Act (42 U.S.C. 7401 et seq.); ``(iii) an automotive dismantler or scrap dealer (as defined by the Administrator); ``(iv) a collection entity, program, or facility designated by a State to accept spent lead-acid batteries; and ``(v) a manufacturer of lead-acid batteries of the same general type as the type delivered. ``(2) By retailers.-- ``(A) In general.--A person that sells lead-acid batteries at retail shall return a spent lead-acid battery by delivering the battery to 1 of the authorized recipients described in subparagraph (B). ``(B) Authorized recipients.--The authorized recipients described in this subparagraph are-- ``(i) a person that sells lead-acid batteries at wholesale; ``(ii) a lead smelter regulated by a State or the Administrator under this Act or the Clean Air Act (42 U.S.C. 7401 et seq.); ``(iii) an automotive dismantler or scrap dealer (as defined by the Administrator); ``(iv) a manufacturer of lead-acid batteries of the same general type as the type delivered; and ``(v) a collection entity, program, or facility designated by a State to accept spent lead-acid batteries. ``(3) By wholesalers, automotive dismantlers, and collection programs, entities and facilities.-- ``(A) In general.--A person that sells lead-acid batteries at wholesale, an automotive dismantler, and a collection entity, program, or facility designated by a State to accept spent lead-acid batteries shall return a spent lead-acid battery by delivering the battery to 1 of the authorized recipients described in subparagraph (B). ``(B) Authorized recipients.--The authorized recipients described in this subparagraph are-- ``(i) a lead smelter regulated by a State or the Administrator under this Act or the Clean Air Act (42 U.S.C. 7401 et seq.); and ``(ii) a manufacturer of lead-acid batteries of the same general type as the type delivered. ``(4) By manufacturers.-- ``(A) In general.--A person that manufactures lead- acid batteries shall return a spent lead-acid battery by delivering the battery to the authorized recipient described in subparagraph (B). ``(B) Authorized recipient.--The authorized recipient described in this subparagraph is a lead smelter regulated by a State or the Administrator under this Act or the Clean Air Act (42 U.S.C. 7401 et seq.). ``(d) Collection requirements.-- ``(1) Retailers.-- ``(A) In general.--A person that sells or offers for sale lead-acid batteries at retail shall accept spent lead-acid batteries of the same general type as the batteries sold in a quantity that is approximately equal to the number of batteries sold. ``(B) Exemption.--Subparagraph (A) shall not apply to a retailer that sells not more than 5 lead-acid batteries per month on average over a calendar year, if a collection entity, program, or facility is in operation for the collection of spent lead-acid batteries in the locality of the retailer. ``(2) Wholesalers.-- ``(A) In general.--A person that sells or offers for sale lead-acid batteries at wholesale shall accept spent lead-acid batteries of the same general type as the batteries sold and in a quantity approximately equal to the number of batteries sold. ``(B) Acceptance from retailers.--A wholesaler that sells or offers for sale lead-acid batteries to a retailer shall provide for the removal of spent lead- acid batteries at the place of business of the retailer-- ``(i) not later than 90 days after the retailer notifies the wholesaler of the existence of the spent lead-acid batteries for removal; or ``(ii) if the quantity of batteries to be removed is less than 5, not later than 180 days after notification. ``(3) Manufacturers.--A person that manufactures lead-acid batteries shall accept spent lead-acid batteries of the same general type as the batteries sold and in a quantity approximately equal to the number of batteries sold. ``(e) Notice Requirements.-- ``(1) Posted notice by retailers.--A person that sells or offers for sale lead-acid batteries at retail shall post a written notice that-- ``(A) is clearly visible in a public area of the establishment in which the lead-acid batteries are sold or offered for sale; ``(B) is at least 8\1/2\ inches by 11 inches in size; and ``(C) contains the following text: ``(i) It is illegal to throw away a motor vehicle battery or other lead-acid battery. ``(ii) Recycle your used lead-acid batteries. ``(iii) Federal (or State) law requires battery retailers to accept used lead-acid batteries for recycling when a lead-acid battery is purchased. ``(2) State requirements.--Nothing in paragraph (1) shall be construed to prohibit a State from requiring the posting of substantially similar notice in lieu of that required under paragraph (1). ``(3) Labeling.-- ``(A) In general.--Each lead-acid battery manufactured on or after the date that is 1 year after the date of enactment of this Act, whether produced domestically or imported, shall bear a label comprised of-- ``(i) the 3 chasing arrow recycling symbol; and ``(ii) immediately adjacent to the recycling symbol, the words `LEAD', `RETURN', `RECYCLE'. ``(B) International symbols.-- ``(i) Application.--On application by a person subject to the labeling requirements of this paragraph, the Administrator shall certify that a different label meets the requirements of this paragraph if the label conforms with a recognized international standard that is consistent with the overall purposes of this section. ``(ii) Failure to act.--If the Administrator fails to act on an application under clause (i) within 120 days after the date on which the application is filed, the Administrator shall be considered to have certified that the label proposed in the application meets the requirements of this paragraph. ``(4) Uniformity.--No State or political subdivision of a State may enforce any labeling requirement intended to communicate information about the recyclability of lead-acid batteries that is not identical to the requirements contained in paragraph (3). ``(5) Recycling information.--Nothing in this subsection shall be construed to prohibit the display on a label of a lead-acid battery of any other information intended by the manufacturer to encourage recycling or warn consumers of the potential hazards associated with lead-acid batteries. ``(f) Publication of Notice.--Not later than 180 days after the date of enactment of this section, the Administrator shall publish in the Federal Register a notice of the requirements of this section and such other related information as the Administrator determines to be appropriate. ``(g) Export for Purposes of Recycling.--Notwithstanding any other provision of this section, a person may export a spent lead-acid battery for the purposes of recycling. ``(h) Enforcement.--The Administrator may issue a warning or citation to any person that fails to comply with the requirements of this section. ``(i) Civil Penalty.-- ``(1) In general.--When on the basis of any information the Administrator determines that a person is in violation of this section, the Administrator-- ``(A) in the case of a willful violation, may issue an order assessing a civil penalty of not more than $1,000 for each violation and requiring compliance immediately or within a reasonable specified time period, or both; or ``(B) in the case of any violation, may commence a civil action in the United States district court in which the violation occurred for appropriate relief, including a temporary or permanent injunction. ``(2) Contents of order.--An order under paragraph (1) shall State with reasonable specificity the nature of the violation. ``(3) Considerations.--In assessing a civil penalty under paragraph (1), the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. ``(4) Finality of order; request for hearing.--An order under paragraph (1) shall become final unless, not later than 30 days after the date on which the order is served, a person named in the order requests a hearing on the record. ``(5) Hearing.--On receiving a request under paragraph (4), the Administrator shall promptly conduct a hearing on the record. ``(6) Subpoena power.--In connection with any hearing on the record under this subsection, the Administrator may issue subpoenas for the attendance and testimony of witnesses and for the production of relevant papers, books, and documents. ``(7) Continued violation after expiration of period for compliance.--If a violator fails to take corrective action within the time specified in an order under paragraph (1), the Administrator may assess a civil penalty of not more than $1,000 for the continued noncompliance with the order.''.

Lead-Acid Battery Recycling Act - Amends the Solid Waste Disposal Act to prohibit persons from disposing of lead-acid batteries (batteries) in a landfill, by incineration, or in any manner other than by return of spent batteries to one of the following authorized recipients: (1) a retail or wholesale seller of such batteries; (2) a regulated lead smelter; (3) an automotive dismantler or scrap dealer; (4) a collection entity designated to accept such batteries; or (5) a manufacturer of batteries of the same general type. Specifies respective authorized recipients of returns from retailers, wholesalers, dismantlers, collection entities, and manufacturers. Requires retailers, wholesalers, and manufacturers of batteries (with an exception for a low number of sales) to accept spent batteries of the same general type as those sold in a quantity approximately equal to the number of batteries sold. Requires retailers to post a clearly visible notice informing the public of the legal requirement to recycle batteries. Sets forth labeling requirements, preempting State or local requirements inconsistent with this Act. Permits export of a spent battery for recycling purposes. Imposes civil penalties for violations of this Act and permits the Administrator of the Environmental Protection Agency to commence an action for appropriate relief, including injunctions.

Lead-Acid Battery Recycling Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Responsibility for Immigrant Health Act of 2002''. SEC. 2. FEDERAL PAYMENTS UNDER MEDICAID FOR EMERGENCY MEDICAL CONDITIONS OF CERTAIN ALIENS. (a) In General.--Section 1903(v)(2)(A) of the Social Security Act (42 U.S.C. 1396b(v)(2)(A)) of the Social Security Act is amended to read as follows: ``(A) such care and services are-- ``(i) necessary for the treatment of an emergency medical condition of the alien or necessary for the prevention of an emergency medical condition (including dialysis and chemotherapy services), ``(ii) services related to pregnancy (including prenatal, delivery, postpartum, and family planning services) and to other conditions that may complicate pregnancy, or ``(iii) services for the testing or treatment for communicable diseases,''. (b) State Option To Eliminate Residency Requirement for Certain Aliens.--Section 1903(v)(2)(B) of the Social Security Act (42 U.S.C. 1396b(v)(2)(B)) is amended by inserting ``, or, at State option, in the case of an alien granted parole under section 212(d)(5) of the Immigration and Nationality Act or an alien admitted into the United States as a nonimmigrant alien under section 101(a)(15) of such Act, any residency requirement imposed under the State plan'' after ``payment''. (c) Effective Date.--The amendments made by this section shall apply to medical assistance provided on or after the date of enactment of this Act. SEC. 3. FUNDING FOR EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS. (a) Funding.--Section 4723(a) of the Balanced Budget Act of 1997 (8 U.S.C. 1611 note) is amended to read as follows: ``(a) Total Amount Available for Allotments.--There are available for allotments for payments to certain States under this section-- ``(1) for each of fiscal years 1998 through 2001, $25,000,000; and ``(2) for each of fiscal years 2003 through 2007, $50,000,000.''. (b) Determination of State Allotments.--Section 4723(b) of the Balanced Budget Act of 1997 (8 U.S.C. 1611 note) is amended-- (1) in paragraph (1), in the first sentence, by striking ``The Secretary'' and inserting ``Subject to paragraph (3), the Secretary''; and (2) by adding at the end the following new paragraph: ``(3) Fiscal years 2003 through 2007 allotments.-- ``(A) In general.--Notwithstanding paragraph (1), the Secretary of Health and Human Services shall compute an allotment for each of fiscal years 2003 through 2007 for each of the 15 States with the highest percentage of undocumented aliens. The amount of such allotment for each such State for a fiscal year shall bear the same ratio to the total amount available for allotments under subsection (a) for the fiscal year as the ratio of the percentage of undocumented aliens in the State in the fiscal year bears to the total of such percentages for all such States for such fiscal year. The amount of allotment to a State provided under this paragraph for a fiscal year that is not paid out under subsection (c) shall be available for payment during the subsequent fiscal year. ``(B) Determination.--For purposes of subparagraph (A), the percentage of undocumented aliens in a State under this section shall be determined based on the most recent available estimates of the resident illegal alien population residing in each State prepared by the Statistics Division of the Immigration and Naturalization Service.''. (c) Requiring Use of Funds To Assist Hospitals and Related Providers of Emergency Health Services to Undocumented Aliens.--Section 4723(c) of the Balanced Budget Act of 1997 (8 U.S.C. 1611 note) is amended to read as follows: ``(c) Use of Funds.-- ``(1) In general.--From the allotments made under subsection (b), the Secretary shall pay to each State amounts described in a State plan, submitted to the Secretary, under which the amounts so allotted will be paid-- ``(A) to hospitals and related providers of emergency health services to undocumented aliens that are located in areas that the Secretary or a State determines to be substantially impacted by health costs related to undocumented aliens; and ``(B) on the basis of-- ``(i) each eligible hospital's or related provider's payments under the State plan approved under title XIX of the Social Security Act for emergency medical services described in section 1903(v)(2)(A) of such Act (42 U.S.C. 1396b(v)(2)(A)); or ``(ii) an appropriate alternative proxy for measuring the volume of emergency health services provided to undocumented aliens by eligible hospitals and related providers. ``(2) Definitions; special rules.--For purposes of this subsection: ``(A) The term `hospital' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)). ``(B) The term `provider' includes a physician, another health care professional, and an entity that furnishes emergency ambulance services. ``(C) A provider shall be considered to be `related' to a hospital to the extent that the provider furnishes emergency health services to an individual for whom the hospital also furnishes emergency health services. ``(D) Amounts paid under this subsection shall not-- ``(i) be substituted for Federal payments made under title XIX of the Social Security Act to reimburse a State for expenditures for the provision of emergency medical services described in section 1903(v)(2)(A) of such Act; or ``(ii) be used by a State for the State share of expenditures for such services under title XIX of such Act.''. (d) Effective Date.--The amendments made by this section shall apply beginning with fiscal year 2003. SEC. 4. PERMITTING STATES AND LOCALITIES TO PROVIDE HEALTH CARE TO ALL INDIVIDUALS. (a) In General.--Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621) is amended-- (1) in subsection (b)-- (A) by striking paragraphs (1) and (3); and (B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (2), respectively; and (2) in subsection (c)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``(2) and (3)'' and inserting ``(2), (3), and (4)''; and (ii) in subparagraph (B), by striking ``health,''; and (B) by adding at the end the following new paragraph ``(4) Such term does not include any health benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to health care furnished before, on, or after the date of the enactment of this Act.

Federal Responsibility for Immigrant Health Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act to allow Federal Medicaid payments to States for providing pregnancy-related services or services for the testing or treatment for communicable diseases of aliens who are not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law.Gives States the option to eliminate the residency requirement for certain aliens.Amends the Balanced Budget Act of 1997 to increase the total amount available for allotments for payments to certain States for FY 2003 through 2007, requiring the use of funds from such allotments to assist hospitals and related providers of emergency health services to undocumented aliens that are located in areas that the Secretary of Health and Human Services or a State determines to be substantially impacted by health costs related to undocumented aliens.Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to exclude health benefits from the list of State and local public benefits for which certain aliens who are not qualified aliens or nonimmigrants are ineligible (thus permits States and localities to provide health care to all individuals.)

A bill to amend title XIX of the Social Security Act to allow Federal payments to be made to States under the medicaid program for providing pregnancy-related services or services for the testing or treatment for communicable diseases to aliens who are not lawfully admitted for permanent residence or other wise permanently residing in the United States under color of law, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Capacity Relief Act''. SEC. 2. TRANSFER OF STUDENTS TO SCHOOLS AT OR ABOVE CAPACITY. (a) In General.--Paragraph (1) of section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended-- (1) in subparagraph (E)(i), by striking ``In the case of a school'' and inserting ``Subject to clauses (ii) and (iii) of subparagraph (F), in the case of a school''; and (2) in subparagraph (F)-- (A) by striking ``(F) Transfer.--Students who use'' and inserting the following: ``(F) Transfer.-- ``(i) In general.--Students who use''; and (B) by adding at the end the following: ``(ii) Transfer to school above capacity.-- Subject to the right of a child who has been transferred to another school under this subsection to remain in that school under paragraph (13), a local educational agency may prohibit the transfer under subparagraph (E), paragraph (5)(A), (7)(C)(i), or (8)(A)(i), or subsection (c)(10)(C)(vii), of any student to a school served by the agency, if the agency determines (for purposes of the school year at issue) that the school is at or above capacity or that the transfer of an additional student would increase the average class size of the school above the average class size prescribed by the State. ``(iii) No mandatory increase of capacity.--A local educational agency may not be required to increase the capacity of any school served by the agency for the purpose of transferring any student to that school under subparagraph (E), paragraph (5)(A), (7)(C)(i), or (8)(A)(i), or subsection (c)(10)(C)(vii).''. (b) Cooperative Agreement.--Paragraph (11) of section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(11)) is amended to read as follows: ``(11) Cooperative agreement.--In any case described in paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection (c)(10)(C)(vii), if all public schools served by the local educational agency to which a child may transfer are identified for school improvement, corrective action, or restructuring, or are determined by the agency to be at or above capacity or otherwise ineligible for a transfer under paragraph (1)(F)(ii), the agency shall, to the extent practicable, establish a cooperative agreement with other local educational agencies in the area for a transfer.''. SEC. 3. GRANTS FOR INCREASING SCHOOL CAPACITY. (a) Grants.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--INCREASING SCHOOL CAPACITY ``SEC. 4401. GRANTS. ``(a) Authority.--The Secretary may award grants to eligible local educational agencies for the purpose of increasing capacity at high- performance schools. ``(b) Use of Funds.--The Secretary may not make a grant under this section unless the eligible local educational agency involved agrees that the agency will use the funds received under the grant only for measures to increase the capacity of high-performance schools served by that agency. Such measures may include renovating or constructing facilities at the high-performance school involved, hiring teachers to teach at such school, or purchasing instructional materials for use at such school. ``(c) Application.--To seek a grant under this section, an eligible local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``SEC. 4402. DEFINITIONS. ``For purposes of this part: ``(1) The term `eligible local educational agency' means a local educational agency with a high percentage or number of students at schools identified for school improvement, corrective action, or restructuring under section 1116(b). ``(2) The term `high-performance school' means a school that is not identified for school improvement, corrective action, or restructuring under section 1116(b). ``SEC. 4403. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2004 through 2007.''. (b) Conforming Amendment.--The table of contents at section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: ``Part D--Increasing School Capacity ``Sec. 4401. Grants. ``Sec. 4402. Definitions. ``Sec. 4403. Authorization of appropriations.''. SEC. 4. ESTABLISHMENT OF LIMITS ON DURATION OR DISTANCE OF TRANSPORTATION PROVIDED TO TRANSFERRING STUDENTS. Paragraph (9) of section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(9)) is amended by inserting before the period the following: ``, unless the agency establishes a limit on the duration or distance of transportation to be provided or paid for under this paragraph and determines that transporting the student would exceed such limit.''.

School Capacity Relief Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize local educational agencies (LEAs) to prohibit the transfer of students from schools identified for school improvement to another school if that school is at or above capacity or if such transfer would increase that school's average class size above what the State prescribes.Provides that children retain certain rights to remain in schools to which they have already been transferred under ESEA school improvement provisions.Requires an LEA to enter into a cooperative agreement for school transfers with another LEA in the area, if all of the LEA's public schools are either: (1) identified for school improvement, corrective action, or restructuring; or (2) are determined by the LEA to be at or above capacity or otherwise ineligible for a transfer.Authorizes the Secretary of Education to award grants to eligible LEAs to increase capacity at high-performance schools, through measures that may include renovating or constructing facilities, hiring teachers, or purchasing instructional materials. Makes an LEA eligible for such a grant if it has a high percentage or number of students at schools identified under ESEA for school improvement, corrective action, or restructuring. Provides that a high-performance school is one that is not identified for such school improvement, corrective action, or restructuring.Authorizes LEAs to establish limits on duration or distance of transportation to be provided or paid for under ESEA school improvement provisions for transferring students.

To authorize local educational agencies to prohibit the transfer of students under section 1116 of the Elementary and Secondary Education Act of 1965 to schools that are at or above capacity, and for other purposes.

SECTION 1. AMENDMENTS TO COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 is amended-- (1) by striking the last sentence of paragraph 101(20)(A); and (2) by inserting the following new paragraphs 101(20) (E) and (F): ``(E)(i) The term `owner or operator' does not include a person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect his or her security interest in the vessel or facility. ``(ii) The term `indicia of ownership' means any legal or equitable interest in property acquired directly or indirectly-- (I) for the purpose of securing payment of a loan or indebtedness, a right of reimbursement or subrogation under a guaranty, or the performance of another obligation, (II) evidencing ownership under a lease financing transaction where the lessor does not initially select or ordinarily control the daily operation or maintenance of the property, or (III) in the course of protecting a security interest or right of reimbursement or subrogation under a guaranty. `Indicia of ownership' include evidence of interests in mortgages, deeds of trust, liens, surety bonds, guaranties, lease financing transactions where the lessor does not initially select or ordinarily control the daily operation or maintenance of the property, other forms of encumbrances against property recognized under applicable law as vesting the holder of the security interest with some indicia of title, legal or equitable title obtained at, or in lieu of, foreclosure, and their equivalents. A person may, but is not required to, hold title in property in order to hold indicia of ownership in that property. ``(iii) A `holder of a security interest' is a person who holds indicia of ownership in property primarily to protect a security interest. A `holder of a security interest' includes the initial holder (such as a loan originator) and any subsequent holder (such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market); guarantor; lease financier or any successor where the lessor does not initially select or ordinarily control the daily operation or maintenance of the property; any person who holds indicia or ownership primarily to protect a security interest; or a receiver or other person who acts on behalf or for the benefit of a holder of a security interest. ``(iv) The term `security interest' means an interest in property created or established for the purpose of securing a loan, right of reimbursement or subrogation under a guaranty, or other obligation or constituting a lease financing transaction. Security interests include mortgages, deeds of trust, liens, lease financing transactions in which the lessor does not initially select or ordinarily control the daily operation or maintenance of the property, trust receipt transactions, and their equivalents. Security interests may also arise from transactions such as sales and leasebacks, conditional sales, installment sales, certain assignments, factoring agreements, accounts receivable financing arrangements, and consignments, if the transaction creates or establishes an interest in property for the purpose of securing a loan, right of reimbursement or subrogation under a guaranty or other obligation. ``(v) The term `participating in the management of property' means actual participation in the management or operational affairs of the property by the holder, and does not include the mere capacity to influence, or ability to influence, or the unexercised right to control facility operations. A holder is participating in management while the borrower is still in possession of the property encumbered by the security interest, only if the holder either-- ``(I) exercises decisionmaking control over the borrower's environmental compliance, such that the holder has undertaken responsibility for the borrower's solid waste handling or disposal practices; or ``(II) exercises control at a level comparable to that of a manager of the borrower's enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing the day-to-day decisionmaking of the enterprise with respect to-- ``(aa) environmental compliance; or ``(bb) all, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise other than environmental compliance. Operational aspects of the enterprise include functions such as that of facility or plant manager, operations manager, chief operating officer, or chief executive officer. Financial or administrative aspects include functions such as that of credit manager, personnel manager, controller, chief financial officer, or similar functions. ``(vi) The term `primarily to protect a security interest' includes indicia of ownership acquired as a consequence of having or exercising rights as a holder of a security interest where the same is necessary or appropriate to protect the security interest, to provide for compliance with laws, to preserve the value of the property or benefits therefrom, or to recover a loan, indebtedness or right of reimbursement or subrogation under a guaranty or to redress any other obligation secured by such interest or to recover property subject to a finance lease. A holder of a security interest who directly or indirectly acquires full title or a right to title or possession of such property upon default under the security interest, or at, or in lieu of, foreclosure, or, in the case of a finance lease, upon expiration, cancellation, or termination of such lease, shall continue to hold indicia of ownership primarily to protect a security interest so long as such holder is diligently proceeding to sell or convey title or the right to title or to re-lease such property on commercially reasonable terms at the earliest possible time, while preserving the property in the interim. ``(vii) The term `property' means real and personal property and includes facilities, storage tanks, equipment, vessels, vehicles, and other modes of transportation whether by sea, land, or air. ``(viii)(I) The term `guarantor' includes guarantors and sureties of security interests, securities, and other obligations, issuers of letters of credit and other credit enhancements, title insurers, and entities which directly or indirectly acquire indicia of ownership in the course of protecting a security interest or acting as such guarantors, sureties, issuers of letters of credit or other credit enhancements or title insurers, and the term `guaranty' includes guaranties, surety bonds, title insurance policies, letters of credit and other credit enhancements, and other agreements with a guarantor relating to the obligations described in this subclause (I). ``(II) `Directly or indirectly' includes any interest in property, security interest, indicia of ownership title, or right to title held or acquired by a fiduciary or similar entity for the benefit of a holder of a security interest. ``(ix) The terms `borrower', `debtor', and `obligor' mean a person whose property is encumbered by a security interest and includes a lessee under a lease financing transaction. ``(x) Actions taken by a holder of a security interest to foreclose, sell, liquidate, release or otherwise divest or cause the transfer of property subject to a security interest; or preserve or protect the value of such property; or otherwise to exercise rights of a holder of a security interest specified in subparagraph (v) above; or to assist the borrower, debtor, obligor, or lessee in winding down its operations or activities related to such property; or to abandon or release the property prior to foreclosure or its equivalents; or to require or conduct response action on, or relating to, the property; shall not be deemed `participating in the management of property' within the meaning of this subsection (101)(20)(E). Completion of an environmental inspection or evaluation consistent with good commercial or customary practice by or for the use of a holder of a security interest is probative evidence that a holder of a security interest is acting to preserve and protect the property during the time the holder of a security interest may have possession or control of such property, except that this Act does not require a holder of a security interest to conduct nor does it require any environmental inspection or evaluation to qualify for this exemption. ``(xi) A holder of a security interest who, in taking actions referred to in subparagraph (x) above respecting property, actively and directly causes or exacerbates a release of a hazardous waste for which a Federal or an authorized State government determines that response action is necessary, shall be liable for the cost of such response action to the extent only that the release is directly attributable to such holder's activities, except that such a holder shall not be liable for response action costs arising from a release which commences before and continues after such holder takes any action referred to in subparagraph (x) above. ``(F)(i) The term `fiduciary' means any entity which is considered a fiduciary under section 3(21) of the Employee Retirement Income Security Act of 1974, as amended from time to time, or who is acting as trustee, executor, administrator, custodian, guardian of estates, conservator, committee of estates of disabled persons, personal representative, receiver, agent, nominee or in any other fiduciary capacity for the benefit of another entity. ``(ii) A fiduciary who acquires ownership or control of property without having owned, operated, or participated in the management of that property prior to assuming ownership or control as fiduciary, other than for the benefit of a holder of a security interest, shall not be an `owner' or `operator' under this Act. ``(iii) Such a fiduciary who willfully, knowingly, or recklessly causes (in a direct and active manner) a release of a hazardous substance, for which a Federal or an authorized State government determines that response action is necessary, shall be liable for the cost of such response action to the extent only that the release is directly attributable to the fiduciary's activities, except that such a fiduciary shall not be liable for response action costs arising from a release which commences before and continues after such fiduciary acquires ownership or control of the property. ``(iv) Nothing in this subsection shall prevent claims against the assets that constitute the estate held by the fiduciary or the filling of actions against the fiduciary in its representative capacity. SEC. 2. AMENDMENTS TO SOLID WASTE DISPOSAL ACT. The Solid Waste Disposal Act is amended-- (1) by adding at the end of section 1004 the following paragraph: ``(41) The terms `owner', `operator', `generator', `transporter', and `person' do not include any entity which would not be an `owner' or `operator' within the meaning of paragraphs 101(20) (E) or (F) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.''; (2) by adding at the end of paragraph 9003(h)(a) the following sentence: ``This definition shall be construed to be parallel to the provisions of paragraph 101(20)(E) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.'', and (3) by adding at the end of section 3006 the following subsection: ``(i) Amendments Made by 1993 Act.--The provisions of section 1004(41) of this Act shall apply in each State having an interim or finally authorized State program to the same extent that such provisions apply in other States.''. SEC. 3. SCOPE OF APPLICATION. The provisions of this Act shall apply to-- (1) all indicia of ownership acquired prior to the date of enactment that are held primarily to protect a security interest in property; and (2) each fiduciary with respect to any property acquired by the fiduciary prior to the date of enactment.

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude from the definition of "owner or operator," for purposes of limiting liability for releases of hazardous substances, a person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect a security interest in such vessel or facility. Defines "indicia of ownership" as an interest in property acquired: (1) for securing payment of a loan or indebtedness or the performance of an obligation; (2) evidencing ownership under a lease financing transaction where the lessor does not initially select or ordinarily control the daily operation or maintenance of the property; or (3) in the course of protecting a security interest or right of reimbursement or subrogation under a guaranty. Makes liable for any release or threatened release of a hazardous substance attributable to their activities: (1) a holder of a security interest who takes certain actions concerning transfer, protection, or abandonment of property; and (2) a fiduciary or trustee who acquires ownership or control of a property. Makes conforming amendments to the Solid Waste Disposal Act.

To amend the Comprehensive Environmental Response, Compensation, and Liability Act and the Solid Waste Disposal Act to limit the liabilities under these Acts of both fiduciaries and lending institutions, including finance lessors, guarantors, and others directly or indirectly holding indicia of ownership primarily to protect a security interest in property which is subject to either Act.

SECTION 1. FINDINGS. The Congress finds the following: (1) In 1898, the United States acquired Puerto Rico in the Treaty of Paris that ended the Spanish-American War and, by the following year, Congress had authorized raising a unit of volunteer soldiers in the newly acquired territory. (2) In May 1917, two months after legislation granting United States citizenship to individuals born in Puerto Rico was signed into law, and one month after the United States entered World War I, the unit was transferred to the Panama Canal Zone because United States Army policy at the time restricted most segregated units to noncombat roles, although the regiment could have contributed to the fighting effort. (3) In June 1920, the unit was re-designated as the ``65th Infantry Regiment, United States Army'', and it would serve as the United States military's last segregated unit composed of Hispanic soldiers. (4) In January 1943, 13 months after the attack on Pearl Harbor that marked the entry of the United States into World War II, the Regiment again deployed to the Panama Canal Zone, before deploying overseas in the spring of 1944. (5) Despite the Regiment's relatively limited combat service in World War II, the unit suffered casualties in the course of defending against enemy attacks, with individual soldiers earning one Distinguished Service Cross, two Silver Stars, two Bronze Stars and 90 Purple Hearts, and the unit receiving campaign participation credit for Rome-Arno, Rhineland, Ardennes-Alsace, and Central Europe. (6) Although an Executive order issued by President Harry S. Truman in July 1948 declared it to be United States policy to ensure equality of treatment and opportunity for all persons in the armed services without respect to race or color, implementation of this policy had yet to be fully realized when armed conflict broke out on the Korean peninsula in June 1950, and both African-American soldiers and Puerto Rican soldiers served in segregated units. (7) Brigadier General William W. Harris, who served as the Regiment's commander during the early stages of the Korean War, later recalled that he had initially been reluctant to take the position because of ``prejudice'' within the military and ``the feeling of the officers and even the brass of the Pentagon . . . that the Puerto Rican wouldn't make a good combat soldier. . . . I know my contemporaries felt that way and, in all honesty, I must admit that at the time I had the same feeling . . . that the Puerto Rican was a rum and Coca-Cola soldier.''. (8) One of the first opportunities the regiment had to prove its combat worthiness arose on the eve of the Korean War during PORTREX, one of the largest military exercises that had been conducted up until that point, where the Regiment distinguished itself by repelling an offensive consisting of over 32,000 troops from the 82nd Airborne Division and the United States Marine Corps, supported by the Navy and Air Force, thereby demonstrating that Puerto Rican soldiers could hold their own against some of the best-trained soldiers in the United States military. (9) In August 1950, as the United States Army's situation in Korea deteriorated, the commander of the 3rd Infantry Division requested another infantry regiment to be added to his organization and, owing in large part to the 65th Infantry Regiment's outstanding performance during PORTREX, it was selected for the assignment. (10) As the Regiment sailed to Asia in September 1950, members of the unit informally decided to call themselves the ``Borinqueneers'', a term derived from the Taino word for Puerto Rico meaning ``land of the brave lord''. (11) The story of the 65th Infantry Regiment during the Korean War has been aptly described as ``one of pride, courage, heartbreak, and redemption''. (12) Fighting as a segregated unit from 1950 to 1952, the Regiment participated in some of the fiercest battles of the war, and its toughness, courage and loyalty earned the admiration of many who had previously harbored reservations about Puerto Rican soldiers based on negative stereotypes, including Brigadier General William W. Harris, whose experience eventually led him to regard the Regiment as ``the best damn soldiers that I had ever seen''. (13) Arriving in Pusan, South Korea in September 1950, the regiment was assigned the mission of destroying or capturing small groups of North Korean soldiers, and its success led General Douglas MacArthur, Commander-in-Chief of the United Nations Command in Korea, to observe that the Regiment was ``showing magnificent ability and courage in field operations''. (14) In December 1950, following China's intervention in the war, the Regiment engaged in a series of fierce battles with the enemy to cover the rear guard of the 1st Marine Division as it executed one of the greatest withdrawals in modern military history during the fighting retreat from the Chosin Reservoir. (15) The Regiment was instrumental in helping to secure the final foothold for the Marine evacuation at Hungham, and was among the last units to leave the beachhead on Christmas Eve, suffering tremendous casualties in the process. (16) The winter conditions in Korea presented significant hardships for the Regiment, which suffered hundreds of casualties because its soldiers lacked appropriate gear to fight in sub-zero temperatures. (17) Between January and March 1951, the Regiment participated in numerous operations to recover and retain South Korean territory lost to the enemy, assaulting heavily fortified enemy positions and conducting the last recorded battalion-sized bayonet assault in United States Army history. (18) On January 31, 1951, the commander of Eighth Army, Lieutenant General Matthew B. Ridgway wrote to the Regiment's commander: ``What I saw and heard of your regiment reflects great credit on you, your regiment, and the people of Puerto Rico, who can be proud of their valiant sons. I am confident that their battle records and training levels will win them high honors. . . . Their conduct in battle has served only to increase the high regard in which I hold these fine troops.''. (19) On February 3, 1951, General MacArthur wrote: ``The Puerto Ricans forming the ranks of the gallant 65th Infantry on the battlefields of Korea by valor, determination, and a resolute will to victory give daily testament to their invincible loyalty to the United States and the fervor of their devotion to those immutable standards of human relations to which the Americans and Puerto Ricans are in common dedicated. They are writing a brilliant record of achievement in battle and I am proud indeed to have them in this command. I wish that we might have many more like them.''. (20) The Regiment played a critical role in the United States counteroffensive responding to a major push by the Chinese Communist Forces (CFF) in 1951, winning praise for its superb performance in multiple battles, including Operations KILLER and RIPPER. (21) By 1952, in light of the Regiment's proven fighting abilities, senior United States commanders ordered that replacement soldiers from Puerto Rico should no longer be limited to service in the Regiment, but could be made available to fill personnel shortages in non-segregated units both inside and outside the 3rd Infantry Division, a major milestone that, paradoxically, harmed the Regiment by depriving it of some of Puerto Rico's most able soldiers. (22) Beyond the many hardships endured by most American soldiers in Korea, the Regiment faced unique challenges due to discrimination and prejudice, including-- (A) the humiliation of being ordered to shave their moustaches ``until such a time as they gave proof of their manhood''; (B) being forced to use separate showering facilities from their non-Hispanic ``Continental'' officers; (C) being ordered not to speak Spanish under penalty of court-martial; (D) flawed personnel-rotation policies based on ethnic and organizational prejudices; and (E) a catastrophic shortage of trained noncommissioned officers. (23) In 1953, the now fully integrated Regiment earned admiration for its relentless defense of Outpost Harry, during which it confronted multiple company-size probes, full-scale regimental attacks, and heavy artillery and mortar fire from Chinese forces, earning 14 Silver Stars, 23 Bronze Stars, and 67 Purple Hearts, in operations that Major General Eugene W. Ridings described as ``highly successful in that the enemy was denied the use of one of his best routes of approach into the friendly position.''. (24) For its extraordinary service during the Korean War, the Regiment received two Presidential Unit Citations (Army and Navy), two Republic of Korea Presidential Unit Citations, a Meritorious Unit Commendation (Army), a Navy Unit Commendation, the Bravery Gold Medal of Greece, and campaign participation credits for United Nations Offensive, CCF Intervention, First United Nations Counteroffensive, CCF Spring Offensive, United Nations Summer-Fall Offensive, Second Korean Winter, Korea Summer-Fall 1952, Third Korean Winter, and Korea Summer 1953. (25) In Korea, soldiers in the Regiment earned a total of 10 Distinguished Service Crosses, approximately 250 Silver Stars, over 600 Bronze Stars, and more than 2,700 Purple Hearts, but--despite numerous individual acts of uncommon valor--no Medals of Honor. (26) In all, some 61,000 Puerto Ricans served in the United States Army during the Korean War, the bulk of them with the 65th Infantry Regiment--and over the course of the war, Puerto Rican soldiers suffered a disproportionately high casualty rate, with over 740 killed and over 2,300 wounded. (27) In April 1956, as part of the reduction in forces following the Korean War, the 65th Infantry Regiment was deactivated from the Regular Army and, in February 1959, became the only regular Army unit to have ever been transferred to the National Guard, when its 1st battalion and its regimental number were assigned to the Puerto Rico National Guard, where it has remained ever since. (28) In 1982, the United States Army Center of Military History officially authorized granting the 65th Infantry Regiment the special designation of ``Borinqueneers''. (29) In the years since the Korean War, the achievements of the Regiment have been recognized in various ways, including-- (A) the naming of streets in honor of the regiment in San Juan, Puerto Rico and The Bronx, New York; (B) the erecting of plaques and other monuments to honor the Regiment at Arlington National Cemetery in Arlington, Virginia; the San Juan National Historic Site in San Juan, Puerto Rico; Ft. Logan National Cemetery in Denver, Colorado; and at sites in Boston, Massachusetts and Ocala, Florida; (C) the renaming of a park in Buenaventura Lake, Florida as the ``65th Infantry Veterans Park''; (D) a grant awarded by the New York State government to establish a memorial honoring the Regiment at Buffalo & Erie County Naval & Military Park in Buffalo, New York; (E) the introduction or adoption of resolutions or proclamations honoring the Regiment by the City of Buffalo, New York; the City of Deltona, Florida; the City of Kissimmee, Florida; the City of Orlando, Florida; the City of Springfield, Massachusetts; the County of Erie, Pennsylvania; the Florida House of Representatives; the New York State Assembly; the New York State Senate; and the Texas State Senate; and (F) the 1985 issuance of a United States Postal Service Korean War Commemorative Stamp depicting soldiers from the Regiment. (30) In a speech delivered at a September 20, 2000, ceremony at Arlington National Cemetery in honor of the Regiment, Secretary of the Army Louis Caldera said: ``Even as the 65th struggled against all deadly enemies in the field, they were fighting a rearguard action against a more insidious adversary--the cumulative effects of ill-conceived military policies, leadership shortcomings, and especially racial and organizational prejudices, all exacerbated by America's unpreparedness for war and the growing pains of an Army forced by law and circumstance to carry out racial integration. Together these factors would take their inevitable toll on the 65th, leaving scars that have yet to heal for so many of the regiment's proud and courageous soldiers.''. (31) Secretary Caldera said: ``To the veterans of the 65th Infantry Regiment who, in that far off land fifty years ago, fought with rare courage even as you endured misfortune and injustice, thank you for doing your duty. There can be no greater praise than that for any soldier of the United States Army.''. (32) Secretary Caldera noted that ``[t]he men of the 65th who served in Korea are a significant part of a proud tradition of service'' that includes the Japanese American 442nd Regimental Combat Team, the African-American Tuskegee Airmen, and ``many other unsung minority units throughout the history of our armed forces whose stories have never been fully told.''. (33) The service of the men of the 65th Infantry Regiment is emblematic of the contributions to the armed forces that have been made by hundreds of thousands of brave and patriotic United States citizens from Puerto Rico over generations, from World War I to the most recent conflicts in Afghanistan and Iraq, and in other overseas contingency operations. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the 65th Infantry Regiment, known as the Borinqueneers, in recognition of its pioneering military service, devotion to duty, and many acts of valor in the face of adversity. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the 65th Infantry Regiment, known as the Borinqueneers, the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution shall make the gold medal received under this Act available for display elsewhere, particularly at other appropriate locations associated with the 65th Infantry Regiment, including locations in Puerto Rico. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of a single gold medal in honor of the 65th Infantry Regiment, known as the Borinqueneers, in recognition of its pioneering military service, devotion to duty, and many acts of valor in the face of adversity. Requires the medal to be given to the Smithsonian Institution (Smithsonian) for display. Expresses the sense of Congress that the Smithsonian shall make the medal available for display elsewhere, particularly at appropriate locations associated with the 65th Infantry Regiment, including locations in Puerto Rico.

A bill to award a Congressional Gold Medal to the 65th Infantry Regiment, known as the Borinqueneers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive National Mercury Monitoring Act''. SEC. 2. FINDINGS. Congress finds that-- (1) mercury is a potent neurotoxin of significant ecological and public health concern; (2) it is estimated that approximately 410,000 children born each year in the United States are exposed to levels of mercury in the womb that are high enough to impair neurological development; (3) the Centers for Disease Control and Prevention have found that 6 percent of women in the United States of childbearing age have blood mercury levels in excess of values determined to be safe by the Environmental Protection Agency; (4) exposure to mercury occurs largely by consumption of contaminated fish, but fish and shellfish are important sources of dietary protein, and a healthy fishing resource is important to the economy of the United States; (5) in many locations, the primary route for mercury input to aquatic ecosystems is atmospheric emissions, transport, and deposition; (6) computer models and other assessment tools provide varying effectiveness in predicting mercury concentrations in fish, and broad-scale data sets are insufficient to test model predictions; and (7) a comprehensive national mercury monitoring network to accurately quantify regional and national changes in atmospheric deposition, ecosystem contamination, and bioaccumulation of mercury in fish and wildlife in response to changes in mercury emissions would help policy makers, scientists, and the public to better understand the sources, consequences, and trends in United States mercury pollution. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Program.--The term ``program'' means the national mercury monitoring program established under section 4. (3) Advisory committee.--The term ``Advisory Committee'' means the Mercury Monitoring Advisory Committee established under section 5. (4) Ancillary measure.--The term ``ancillary measure'' means a measure that is used to understand the impact and interpret results of measurements under the program. (5) Ecoregion.--The term ``ecoregion'' means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. (6) Mercury export.--The term ``mercury export'' means mercury flux from a watershed to the corresponding water body, or from one water body to another water body (such as a lake to a river), generally expressed as mass per unit of time. (7) Mercury flux.--The term ``mercury flux'' means the rate of transfer of mercury between ecosystem components (such as between water and air), or between portions of ecosystem components, expressed in terms of mass per unit of time or mass per unit of area per time. (8) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed or riverbed. SEC. 4. MONITORING PROGRAM. (a) Establishment.-- (1) In general.--The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a national mercury monitoring program. (2) Purpose.--The purpose of the program is to track-- (A) long-term trends in atmospheric mercury concentrations and deposition; and (B) mercury levels in watersheds, surface water, and fish and wildlife in terrestrial, freshwater, and coastal ecosystems in response to changing mercury emissions over time. (3) Monitoring sites.-- (A) In general.--In carrying out paragraph (1), not later than 1 year after the date of enactment of this Act and in coordination with the Advisory Committee, the Administrator shall select multiple monitoring sites representing multiple ecoregions of the United States. (B) Locations.--Locations of monitoring sites shall include National Parks, National Wildlife Refuges, National Estuarine Research Reserve units, and sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. (C) Colocation.--Monitoring sites shall be colocated with sites from other long-term environmental monitoring programs, where practicable, including sites associated with the National Ecological Observatory Network, Long-Term Ecological Research Network, and the National Atmospheric Deposition Program. (D) Monitoring protocols.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish and publish standardized measurement protocols for the program under this Act. (4) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the Internet once data assurance and quality standards established by the Administrator are met. (b) Functions.-- (1) In general.--Under the program, the Administrator, in consultation with the appropriate Federal agencies and the Advisory Committee, shall at a minimum carry out monitoring described in paragraphs (2) through (4) at the locations selected under subsection (a)(3). (2) Air and watersheds.--The program shall monitor long- term changes in mercury levels and important ancillary measures in the air, including-- (A) the measurement and recording of wet and estimation of dry mercury deposition, mercury flux, and mercury export; (B) the measurement and recording of the level of mercury reemitted from aquatic and terrestrial environments into the atmosphere; and (C) the measurement of sulfur species and ancillary measurements to fully understand the cycling of mercury through the ecosystem. (3) Water and soil chemistry.--The program shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including-- (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration, and percent methyl mercury in surface sediments; (C) measurement and recording of total mercury and methyl mercury concentration in surface water; and (D) measurement and recording of total mercury and methyl mercury concentrations throughout the water column and sediments. (4) Aquatic and terrestrial organisms.--The program shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the aquatic and terrestrial organisms, including-- (A) measurement and recording of total mercury and methyl mercury concentrations in-- (i) zooplankton and other invertebrates; (ii) yearling fish; and (iii) commercially, recreationally, or conservation relevant fish; and (B) measurement and recording of total mercury concentrations in-- (i) selected insect- and fish-eating birds; and (ii) measurement and recording of total mercury concentrations in selected insect- and fish-eating mammals. SEC. 5. ADVISORY COMMITTEE. (a) Establishment.--The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a scientific advisory committee, to be known as the ``Mercury Monitoring Advisory Committee'', to advise the Administrator and those Federal agencies on the establishment, site selection, measurement, recording protocols, and operation of the national mercury monitoring program. (b) Membership.--The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. SEC. 6. REPORTS AND PUBLIC DISCLOSURE. (a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including trend data. (b) Assessment.--At least once every 4 years, the report required under subsection (a) shall include an assessment of the reduction in mercury deposition rates that are required to be achieved in order to prevent adverse human and ecological effects. (c) Availability of Data.--The Administrator shall make all data obtained under this Act available to the public through a dedicated website and on written request. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $37,000,000 for fiscal year 2012; (2) $29,000,000 for fiscal year 2013; and (3) $29,000,000 for fiscal year 2014.

Comprehensive National Mercury Monitoring Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a national mercury monitoring program that monitors: (1) long-term changes in mercury levels and important ancillary measures in the air, and (2) long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments and in aquatic and terrestrial organisms. Requires the Administrator to: (1) select multiple monitoring sites representing multiple ecoregions that include national parks, wildlife refuges, National Estuarine Research Reserve units, and other sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions; (2) establish and publish standardized measurement protocols for the program; and (3) establish a centralized database for environmental mercury data. Requires the Administrator to: (1) establish a Mercury Monitoring Advisory Committee to advise the Administrator on the establishment, site selection, measurement, recording protocols, and operation of the program; (2) report on the program every two years and include, every four years, an assessment of the reduction in mercury deposition rates that are required to be achieved in order to prevent adverse human and ecological effects; and (3) make all data obtained under this Act available to the public through a dedicated website and on written request.

A bill to establish a national mercury monitoring program, and for other purposes

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children and Incapacitated Dependents Care Annual Refund (CIDCARE) Act''. SEC. 2. DEPENDENT CARE CREDIT TO BE REFUNDABLE; ADVANCE PAYMENTS OF CREDIT. (a) Credit To Be Refundable.-- (1) In general.--Section 21 of the Internal Revenue Code of 1986 (relating to expenses for household and dependent care services necessary for gainful employment) is hereby moved to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits) and inserted after section 34. (2) Technical amendments.-- (A) Section 35 of such Code is redesignated as section 36. (B) Section 21 of such Code is redesignated as section 35. (C) Paragraph (1) of section 35(a) of such Code (as redesignated by subparagraph (B)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (D) Subparagraph (C) of section 129(a)(2) of such Code is amended by striking ``section 21(e)'' and inserting ``section 35(e)''. (E) Paragraph (2) of section 129(b) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 35(d)(2)''. (F) Paragraph (1) of section 129(e) of such Code is amended by striking ``section 21(b)(2)'' and inserting ``section 35(b)(2)''. (G) Subsection (e) of section 213 of such Code is amended by striking ``section 21'' and inserting ``section 35''. (H) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``or from section 35 of such Code''. (I) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 35 and inserting the following: ``Sec. 35. Expenses for household and dependent care services necessary for gainful employment. ``Sec. 36. Overpayments of tax.'' (J) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (b) Higher-Income Taxpayers Ineligible for Credit.--Subsection (a) of section 35 of such Code, as redesignated by subsection (a), is amended by adding at the end the following new paragraph: ``(3) Phaseout of credit for higher-income taxpayers.--The amount of the credit which would (but for this paragraph) be allowed by this section shall be reduced (but not below zero) by an amount which bears the same ratio to such amount of credit as the excess of the taxpayer's adjusted gross income for the taxable year over $110,000 bears to $10,000. Any reduction determined under the preceding sentence which is not a multiple of $10 shall be rounded to the nearest multiple of $10.'' (c) Advance Payment of Credit.-- (1) In general.--Chapter 25 of such Code (relating to general provisions relating to employment taxes) is amended by inserting after section 3507 the following new section: ``SEC. 3507A. ADVANCE PAYMENT OF DEPENDENT CARE CREDIT. ``(a) General Rule.--Except as otherwise provided in this section, every employer making payment of wages to an employee with respect to whom a dependent care credit eligibility certificate is in effect shall, at the time of paying such wages, make an additional payment equal to such employee's dependent care credit advance amount. ``(b) Dependent Care Credit Eligibility Certificate.--For purposes of this title, a dependent care credit eligibility certificate is a statement furnished by an employee to the employer which-- ``(1) certifies that the employee will be eligible to receive the credit provided by section 35 for the taxable year, ``(2) certifies that the employee does not have a dependent care credit eligibility certificate in effect for the calendar year with respect to the payment of wages by another employer, ``(3) states whether or not the employee's spouse has a dependent care credit eligibility certificate in effect, and ``(4) estimates the amount of dependent care credit of the employee for the calendar year. For purposes of this section, a certificate shall be treated as being in effect with respect to a spouse if such a certificate will be in effect on the first status determination date following the date on which the employee furnishes the statement in question. ``(c) Dependent Care Credit Advance Amount.-- ``(1) In general.--For purposes of this title, the term `dependent care credit advance amount' means, with respect to any payroll period, the amount determined-- ``(A) on the basis of the employee's wages from the employer for such period, ``(B) on the basis of the employee's estimated amount of dependent care credit included in the dependent care credit eligibility certificate, and ``(C) in accordance with tables provided by the Secretary. ``(2) Advance amount tables.--The tables referred to in paragraph (1)(C) shall be similar in form to the tables prescribed under section 3402 and, to the maximum extent feasible, shall be coordinated with such tables and the tables prescribed under section 3507(c). ``(d) Other Rules.--For purposes of this section, rules similar to the rules of subsections (d) and (e) of section 3507 shall apply. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (2) Clerical amendment.--The table of sections for chapter 25 of such Code is amended by inserting after the item relating to section 3507 the following new item: ``Sec. 3507A. Advance payment of dependent care credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994.

Children and Incapacitated Dependents Care Annual Refund (CIDCARE) Act - Amends the Internal Revenue Code to make the dependent care credit a refundable tax credit. Makes higher-income taxpayers ineligible for such credit. Allows employers to advance the payments of such credit.

Children and Incapacitated Dependents Care Annual Refund (CIDCARE) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Classroom Learning and Student Performance Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Performance-based assessment.--The term ``performance- based assessment'' means assessments that evaluate applications of knowledge to real-world tasks. Such assessments are designed to measure higher order thinking and performance skills. (2) Higher order thinking and performance skills.--The term ``higher order thinking and performance skills'' means the abilities to-- (A) frame and solve problems; (B) find, evaluate, analyze, and synthesize information; (C) apply knowledge to new problems or situations; (D) develop and test complex ideas; and (E) communicate ideas or solutions proficiently in oral or written form. (3) Multiple measures.--The term ``multiple measures'' means different sources of evidence of student learning in a subject or across subject areas. Such sources of evidence provide multiple opportunities to demonstrate achievement, are accessible to students at varying levels of proficiency, and utilize different methods for demonstrating achievement. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) To empower States to develop assessment systems that-- (A) are aligned with student learning standards; (B) provide multiple measures of student learning, including performance assessments that assess higher order thinking and performance skills; (C) include local assessments that provide timely, diagnostic information about student learning; (D) are consistent with nationally recognized professional standards for test construction and test use, including standards of fairness, reliability, and validity; (E) employ principles of universal design and use appropriately designed assessments and accommodations for special populations and English language learners; and (F) are used for purposes for which they are valid and reliable. (2) To ensure that local assessments include common assessments developed for use at the school or district level, and classroom-based evidence obtained from curriculum-embedded assessments. Such assessments may be used in the State assessment system when they-- (A) assess student learning in light of content standards, including higher order thinking and performance skills; (B) meet technical requirements of validity and reliability; (C) are fair and unbiased; (D) include multiple sources of evidence about student learning; and (E) can be used to demonstrate student progress toward and attainment of proficiency. SEC. 4. GRANTS FOR PERFORMANCE-BASED ASSESSMENT SYSTEMS. (a) Program Established.--From funds made available to carry out this Act, the Secretary shall award grants to State educational agencies receiving funds under title I of the Elementary and Secondary Education Act of 1965 that demonstrate to the satisfaction of the Secretary, based on peer review, that the requirements of this section will be met, to-- (1) enable States (or consortia of States) to collaborate with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State and local academic assessments, including the development or enhancement of State or local performance assessments that can be used for diagnostic purposes and as part of the State accountability system; (2) enable States to develop the capacity of local education agencies to validly and reliably assess student academic achievement using multiple sources of evidence, including school-based performance assessments; and (3) enable States and local districts to develop the capacity of teachers and school leaders to develop, use, and reliably evaluate the results of locally-administered performance assessments. (b) Minimum Award.--Each grant under this section shall be for at least $5,000,000 per year. (c) Duration.--Each grant under this section shall be for a period of not more than 5 years. (d) Technical Assistance.--Each State receiving a grant under this section shall allocate at least 5 percent of the grant for technical assistance. The State shall use that allocation to work with universities or other non-profit research organizations that have expertise in performance assessments for assistance in the development, implementation, evaluation and improvement of State and local performance assessment systems. The universities and non-profit research organizations shall use the amounts to develop tools States can use, such as various methods for weighting indicators used in the assessment and improvement system or means for evaluating assessments systems and the consequences of their use. (e) Allowable Uses.-- (1) In general.--A grant under this section may be used for-- (A) developing, piloting, and validating performance assessments that are or will be incorporated into their assessment systems; (B) training teachers and school leaders to score such assessments; and (C) developing and testing systems for auditing or moderating the scoring process to ensure reliability and validity of such assessments. (2) Subgrants.--The State may, pursuant to criteria established by the State, make subgrants to local educational agencies or schools to-- (A) develop and implement local performance assessments; and (B) train teachers and school leaders to score and use such assessments for tracking student progress and for guiding curriculum and instruction. (3) Formative assessments.--A State, local educational agency, or school may use funds under this section to support the development and implementation of formative assessments that are performance-based and that enable schools to provide detailed feedback to students and teachers to enable them to improve their learning and teaching. (4) Other uses.--A State may retain a portion of the grant amounts to-- (A) develop integrated State assessment systems that incorporate and weight multiple measures, including the results of periodic standardized tests and State or local performance assessments; (B) collaborate with other States in sharing knowledge on the development and use of such systems and their assessment components; (C) provide assistance to local educational agencies and schools in developing and implementing their assessments; or (D) evaluate the local assessments. (5) States that have already begun to develop.--A State that has already begun to develop such a system is eligible under this section to strengthen or expand its local assessments. (f) Requirements.--Any State that receives funds under this section shall meet the following requirements: (1) Ensure that high-quality professional development is available for educators to help develop and learn to use and score the assessments. (2) Develop means to ensure that State and local assessments are aligned to learning standards, meet professional assessment standards, are unbiased, and valid for the purposes for which they will be used, and are scored reliably. These means shall include mechanisms for training scorers and providing a process of expert review, auditing, or moderation to ensure the integrity of the scoring process. (3) Develop means to integrate local performance assessment results with those of State benchmark examinations in the State accountability system for purposes of evaluating schools and student progress. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $200,000,000 for fiscal year 2008; (2) $200,000,000 for fiscal year 2009; (3) $200,000,000 for fiscal year 2010; (4) $200,000,000 for fiscal year 2011; and (5) $200,000,000 for fiscal year 2012.

Improving Classroom Learning and Student Performance Act of 2007 - Directs the Secretary of Education to award five-year grants to states that receive funds under title I of the Elementary and Secondary Education Act of 1965 to enable them to: (1) collaborate with institutions of higher education, other research institutions, and other organizations to improve the quality, validity, and reliability of state and local academic assessments, including performance assessments that evaluate the application of knowledge to real-world tasks; (2) develop the capacity of local education agencies (LEAs) to assess student academic achievement using multiple measures, including school-based performance assessments; and (3) develop, together with LEAs, the capacity of teachers and school leaders to develop, use, and reliably evaluate the results of locally-administered performance assessments. Requires state grantees to ensure that state and local assessments are aligned to learning standards, unbiased, valid for the purposes for which they are used, reliably scored, and meet professional standards.

To improve the quality of classroom learning by empowering States to develop performance-based assessments that measure higher order thinking skills.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ADA Amendments Act of 2008''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) in enacting the Americans with Disabilities Act of 1990 (ADA), Congress intended that the Act ``provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities'' and provide broad coverage; (2) in enacting the ADA, Congress recognized that physical and mental disabilities in no way diminish a person's right to fully participate in all aspects of society, but that people with physical or mental disabilities are frequently precluded from doing so because of prejudice, antiquated attitudes, or the failure to remove societal and institutional barriers; (3) while Congress expected that the definition of disability under the ADA would be interpreted consistently with how courts had applied the definition of handicap under the Rehabilitation Act of 1973, that expectation has not been fulfilled; (4) the holdings of the Supreme Court in Sutton v. United Airlines, Inc., 527 U.S. 471 (1999) and its companion cases, and in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) have narrowed the broad scope of protection intended to be afforded by the ADA, thus eliminating protection for many individuals whom Congress intended to protect; and (5) as a result of these Supreme Court cases, lower courts have incorrectly found in individual cases that people with a range of substantially limiting impairments are not people with disabilities. (b) Purposes.--The purposes of this Act are-- (1) to carry out the ADA's objectives of providing ``a clear and comprehensive national mandate for the elimination of discrimination'' and ``clear, strong, consistent, enforceable standards addressing discrimination'' by reinstating a broad scope of protection to be available under the ADA; (2) to reject the requirement enunciated by the Supreme Court in Sutton v. United Airlines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures; (3) to reject the Supreme Court's reasoning in Sutton v. United Airlines, Inc., 527 U.S. 471 (1999) with regard to coverage under the third prong of the definition of disability and to reinstate the reasoning of the Supreme Court in School Board of Nassau County v. Arline, 480 U.S. 273 (1987) which set forth a broad view of the third prong of the definition of handicap under the Rehabilitation Act of 1973; (4) to reject the standards enunciated by the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that the terms ``substantially'' and ``major'' in the definition of disability under the ADA ``need to be interpreted strictly to create a demanding standard for qualifying as disabled,'' and that to be substantially limited in performing a major life activity under the ADA ``an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people's daily lives''; and (5) to provide a new definition of ``substantially limits'' to indicate that Congress intends to depart from the strict and demanding standard applied by the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams and by numerous lower courts. SEC. 3. CODIFIED FINDINGS. Section 2(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;''; and (2) by striking paragraph (7). SEC. 4. DISABILITY DEFINED AND RULES OF CONSTRUCTION. (a) Definition of Disability.--Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102) is amended to read as follows: ``SEC. 3. DEFINITION OF DISABILITY. ``As used in this Act: ``(1) Disability.--The term `disability' means, with respect to an individual-- ``(A) a physical or mental impairment that substantially limits one or more major life activities of such individual; ``(B) a record of such an impairment; or ``(C) being regarded as having such an impairment (as described in paragraph (4)). ``(2) Substantially limits.--The term `substantially limits' means materially restricts. ``(3) Major life activities.-- ``(A) In general.--For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. ``(B) Major bodily functions.--For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. ``(4) Regarded as having such an impairment.--For purposes of paragraph (1)(C): ``(A) An individual meets the requirement of `being regarded as having such an impairment' if the individual establishes that he or she has been subjected to an action prohibited under this Act because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. ``(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less. ``(5) Rules of construction regarding the definition of disability.--The definition of `disability' in paragraph (1) shall be construed in accordance with the following: ``(A) To achieve the remedial purposes of this Act, the definition of `disability' in paragraph (1) shall be construed broadly. ``(B) An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability. ``(C) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. ``(D)(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as-- ``(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies; ``(II) use of assistive technology; ``(III) reasonable accommodations or auxiliary aids or services; or ``(IV) learned behavioral or adaptive neurological modifications. ``(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity. ``(iii) As used in this subparagraph-- ``(I) the term `ordinary eyeglasses or contact lenses' means lenses that are intended to fully correct visual acuity or eliminate refractive error; and ``(II) the term `low-vision devices' means devices that magnify, enhance, or otherwise augment a visual image.''. (b) Conforming Amendment.--The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is further amended by adding after section 3 the following: ``SEC. 4. ADDITIONAL DEFINITIONS. ``As used in this Act: ``(1) Auxiliary aids and services.--The term `auxiliary aids and services' includes-- ``(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments; ``(B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments; ``(C) acquisition or modification of equipment or devices; and ``(D) other similar services and actions. ``(2) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.''. (c) Amendment to the Table of Contents.--The table of contents contained in section 1(b) of the Americans with Disabilities Act of 1990 is amended by striking the item relating to section 3 and inserting the following items: ``Sec. 3. Definition of disability. ``Sec. 4. Additional definitions.''. SEC. 5. DISCRIMINATION ON THE BASIS OF DISABILITY. (a) On the Basis of Disability.--Section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112) is amended-- (1) in subsection (a), by striking ``with a disability because of the disability of such individual'' and inserting ``on the basis of disability''; and (2) in subsection (b) in the matter preceding paragraph (1), by striking ``discriminate'' and inserting ``discriminate against a qualified individual on the basis of disability''. (b) Qualification Standards and Tests Related to Uncorrected Vision.--Section 103 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12113) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and inserting after subsection (b) the following new subsection: ``(c) Qualification Standards and Tests Related to Uncorrected Vision.--Notwithstanding section 3(5)(D)(ii), a covered entity shall not use qualification standards, employment tests, or other selection criteria based on an individual's uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and consistent with business necessity.''. (c) Conforming Amendment.--Section 101(8) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111(8)) is amended-- (1) in the paragraph heading, by striking ``with a disability''; and (2) by striking ``with a disability'' after ``individual'' both places it appears. SEC. 6. RULES OF CONSTRUCTION. Title V of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201) is amended-- (1) by adding at the end of section 501 the following: ``(e) Benefits Under State Worker's Compensation Laws.--Nothing in this Act alters the standards for determining eligibility for benefits under State worker's compensation laws or under State and Federal disability benefit programs. ``(f) Claims of No Disability.--Nothing in this Act shall provide the basis for a claim by a person without a disability that he or she was subject to discrimination because of his or her lack of disability. ``(g) Reasonable Accommodations and Modifications.--A covered entity under title I, a public entity under title II, and any person who owns, leases (or leases to), or operates a place of public accommodation under title III, need not provide a reasonable accommodation or a reasonable modification to policies, practices, or procedures to an individual who meets the definition of disability in section 3(1) solely under subparagraph (C).''; (2) by redesignating section 506 through 514 as sections 507 through 515, respectively, and adding after section 505 the following: ``SEC. 506. RULE OF CONSTRUCTION REGARDING REGULATORY AUTHORITY. ``The authority to issue regulations granted to the Equal Employment Opportunity Commission, the Attorney General, and the Secretary of Transportation under this Act includes the authority to issue regulations implementing the definitions contained in sections 3 and 4.''; and (3) in the table of contents contained in section 1(b), by redesignating the items relating to sections 506 through 514 as sections 507 through 515, respectively, and by inserting after the item relating to section 505 the following new item: ``Sec. 506. Rule of construction regarding regulatory authority.''. SEC. 7. CONFORMING AMENDMENTS. Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended-- (1) in paragraph (9)(B), by striking ``a physical'' and all that follows through ``major life activities'', and inserting ``the meaning given it in section 3 of the Americans with Disabilities Act of 1990''; and (2) in paragraph (20)(B), by striking ``any person who'' and all that follows through the period at the end, and inserting ``any person who has a disability as defined in section 3 of the Americans with Disabilities Act of 1990.''. SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall become effective on January 1, 2009. Passed the House of Representatives June 25, 2008. Attest: LORRAINE C. MILLER, Clerk. By Deborah M. Spriggs, Deputy Clerk.

ADA Amendments Act of 2008 - (Sec. 4) Amends the Americans with Disabilities Act of 1990 (ADA) to redefine the term "disability," including by defining "major life activities" and "being regarded as having such an impairment." Sets forth rules of construction regarding the definition of "disability," including that: (1) such term shall be construed in favor of broad coverage of individuals under the Act; (2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be a disability; (3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and (4) the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of specified mitigating measures. Defines the term "auxiliary aids and services." (Sec. 5) Prohibits employment discrimination against a qualified individual on the basis of disability. (Current law prohibits employment discrimination against a qualified individual with a disability because of the disability.) Prohibits the use of qualification standards, employment tests, or other selection criteria based on an individual's uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be related to the position and is consistent with business necessity. (Sec. 6) Declares that nothing in the Act: (1) alters the standards for determining eligibility for benefits under state worker's compensation laws or under state and federal disability benefit programs; (2) alters the requirement to make reasonable modifications in policies or procedures, unless such modifications would fundamentally alter the nature of the goods, services, facilities, or accommodations involved; or (3) provides the basis for a claim by a person without a disability that he or she was subject to discrimination because of the lack of disability. Declares that the authority of the Equal Employment Opportunity Commission (EEOC), the Attorney General, and the Secretary of Transportation to issue regulations includes the authority to issue regulations implementing the definitions of this Act. (Sec. 7) Makes conforming amendments to the Rehabilitation Act of 1973.

To restore the intent and protections of the Americans with Disabilities Act of 1990.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cigars Are Not a Safe Smoking Alternative Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Available scientific evidence demonstrates that regular cigar smoking causes cancer, including cancers of the lip, tongue, mouth, throat, esophagus, larynx, and lung. (2) That same evidence demonstrates that cigar smokers increase their risk of pulmonary heart disease by 27 percent and coronary heart disease by 45 percent. (3) Cigar use in the United States has risen dramatically by nearly 50 percent over the last 5 years. Premium cigar sales have tripled in the same time period. (4) Data from the Centers for Disease Control and Prevention 1997 Youth Risk Behavior Survey indicates that among high school students over 30 percent of the males and 10 percent of the females are current cigar smokers. (5) Smoking cigars is not a safe alternative to smoking cigarettes. Compared to a cigarette, a large cigar emits up to 20 times more ammonia, 5 to 10 times more cadmium (cancer causing metal) and methylethylnitrosamine (cancer causing agent), 80 to 90 times more nitrosamines (a highly carcinogenic tobacco-specific agent), 2 to 3 times more tar, and 9 to 12 times more nicotine. SEC. 3. PROHIBITION ON DISTRIBUTION TO YOUTH. (a) Distribution.-- (1) General rule.--No person may sell or distribute a cigar to any individual who is under the age of 18. (2) Location of products.--A retailer of cigars shall ensure that all cigars are located in areas where customers do not have direct access to the products. (3) Face-to-face transactions.--A cigar retailer may sell cigars to the ultimate consumer only in a direct, face-to-face exchange. (b) Marketing and Advertising.-- (1) General rule.--The Chairman of the Federal Trade Commission shall impose such restrictions on the sale, advertising, distribution, and marketing of cigars directed at youth as may be appropriate to limit the sale of cigars to individuals who are 18 years of age or older. (2) Electronic media.--Cigars may not be advertised on electronic media, including television, radio, and any other form of electronic communication. (c) Sponsorship.--The Secretary of Health and Human Services and the Chairman of the Federal Trade Commission shall encourage manufacturers of cigars to end the practice of paying for, or participating in, the placement of cigars in movies and on television where a substantial segment of the viewing audience is under the age of 18 years. (d) Definition.--The term ``cigar'' means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, including small cigars that weigh less than 3 pounds per thousand and large cigars that weigh more than 3 pounds per thousand. SEC. 4. HEALTH WARNINGS. The Secretary of Health and Human Services, acting through the Chairman of the Federal Trade Commission, shall require such health warnings on the labels of cigars, on cigar boxes or other packaging, and on advertising and marketing materials and messages as may be appropriate to warn cigar users about the health risks presented by cigars. SEC. 5. STUDIES AND REPORTS. (a) Secretary's Study.-- (1) In general.--The Secretary of Health and Human Services shall conduct a study-- (A) to determine the health effects of occasional cigar smoking, nicotine dependence demonstrated by cigar smokers, biological uptake of toxic and carcinogenic constituents of cigars, and environmental cigar smoke exposure; and (B) to determine the yields of tar, nicotine, carbon monoxide, and any other additive designated by the Secretary in cigar smoke. Manufacturers of cigars shall report to the Secretary on the yields of tar, nicotine, carbon monoxide, and any other additive designated by the Secretary from cigars when smoked. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall transmit a report to the President and to Congress containing-- (A) findings from the cigar health and constituent yield study required under paragraph (1); and (B) such recommendations for legislation or administrative actions as the Secretary deems appropriate. (b) FTC Report.--Not later than 1 year after the date of the enactment of this Act and biennially thereafter, the Chairman of the Federal Trade Commission shall transmit a report to the President and to Congress containing-- (1) a description of the current sales, advertising, and marketing practices associated with cigars; and (2) such recommendations for legislation or administrative actions as it deems appropriate. SEC. 6. MONITORING TRENDS IN YOUTH ACCESS TO CIGARS. The Secretary of Health and Human Services, in consultation with the Chairman of the Federal Trade Commission and the Secretary of the Treasury, shall monitor trends in youth access to, and use of, cigars. If evidence suggests that cigars are inappropriately accessible to children and adolescents, or that smoking cigars is becoming an attractive alternative to smoking cigarettes for children and adolescents as a result of differential tax and regulatory treatment, sales and marketing practices of cigar manufacturers, changes in consumer tastes, or any other reason, the Secretary shall immediately notify Congress and make such recommendations for adjusting tax rates or other legislative or administrative action necessary to ensure that cigars cease to be an attractive alternative to cigarettes for children and adolescents.

Cigars Are Not a Safe Smoking Alternative Act - Prohibits any person from selling or distributing a cigar to any individual under 18. Requires that cigar retailers: (1) ensure that all cigars are located in areas where customers do not have direct access; and (2) sell cigars only in face-to-face exchanges. Directs the Chairman of the Federal Trade Commission (FTC) to impose restrictions on the sale, advertising, distribution, and marketing of cigars directed at youth as appropriate to limit sale to individuals 18 or over. Prohibits advertising cigars on any form of electronic communication. Directs the Secretary of Health and Human Services and the Chairman of the FTC to encourage cigar manufacturers to end the practice of paying for, or participating in, the placement of cigars in movies and on television where a substantial segment of the audience is under 18. Mandates health warnings on the labels of cigars, cigar packaging, and advertising and marketing materials and messages. Requires a study and report to Congress and the President on: (1) the health effects of occasional cigar smoking, nicotine dependence demonstrated by cigar smokers, biological uptake of toxic and carcinogenic constituents of cigars, and environmental cigar smoke exposure; and (2) the yields of tar, nicotine, carbon monoxide, and any other additive designated by the Secretary. Requires cigar manufacturers to report to the Secretary on those yields. Requires a study and report to Congress and the President by the Chairman of the FTC on current cigar sales, advertising, and marketing practices. Directs the Secretary to monitor trends in youth access to and use of cigars and, if cigars are inappropriately accessible to, or becoming an attractive alternative to smoking cigarettes for, children and adolescents, to notify Congress and make recommendations.

Cigars are Not a Safe Smoking Alternative Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Voting Rights Act of 2014''. SEC. 2. TRIBAL IDENTIFICATION; ACTIONS FOR A DISPARITY IN AVAILABILITY OF POLLING PLACES. Section 2 of the Voting Rights Act (42 U.S.C. 1973) is amended by adding at the end the following: ``(c) If a State or political subdivision requires an individual to present a valid form of identification for the purposes of voting, including registering to vote, an individual's unexpired tribal identification document issued by an Indian tribe (including a tribal identification document issued by a Native Corporation, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) shall be treated as a valid form of identification for such purposes. ``(d)(1)(A) The Attorney General may institute in the name of the United States actions, including actions against States or political subdivisions, for declaratory judgment or injunctive relief if the Attorney General finds, at the discretion of the Attorney General, a disparity between in-person voting opportunities for members of an Indian tribe as compared to in-person voting opportunities for individuals who are not members of an Indian tribe. ``(B) Such injunctive relief shall include measures to reduce such disparity by increasing the availability of polling places. ``(2) The district courts of the United States shall have jurisdiction of such actions which shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 of the United States Code and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. There shall be a presumption that such disparity results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2). ``(3) Notwithstanding paragraphs (1) and (2), an aggrieved person may bring an action described in paragraph (1)(A). The provisions of paragraph (2) shall apply to such action.''. SEC. 3. PROTECTIONS RELATING TO POLLING PLACES ON INDIAN RESERVATIONS. (a) Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by adding at the end the following: ``(g) Protections Relating to Indian Reservations.-- ``(1) In general.--No State or political subdivision shall carry out any of the following activities unless that State or political subdivision obtains the approval of the court or the nonobjection of the Attorney General under section 5(a): ``(A) Eliminating the only polling place or voter registration site on an Indian reservation. ``(B) Moving or consolidating a polling place or voter registration site 1 mile or further from the existing location of the polling place or voter registration site on an Indian reservation. ``(C) Moving or consolidating a polling place on an Indian reservation across a river, lake, mountain, or other natural boundary such that it makes travel difficult for a voter, regardless of distance. ``(D) Eliminating in-person voting on an Indian reservation by designating an Indian reservation as a permanent absentee voting location, unless the entire State is or becomes a permanent absentee voting State. ``(E) Removing an early voting location or otherwise diminishing early voting opportunities on an Indian reservation. ``(F) Decreasing the number of days or hours that an in-person or early voting location is open on an Indian reservation or changing the dates of in-person or early voting on an Indian reservation. ``(2) Definition.--For purposes of this subsection, the term `Indian reservation' shall have the meaning given such term under section 203(b)(3).''. (b) Section 5(a) of the Voting Rights Act of 1965 (42 U.S.C. 1973c(a)) is amended-- (1) in the first sentence, by inserting ``or whenever a State or political subdivision shall enact or seek to administer any of the activities described in subsection (g) of section 4'' after ``November 1, 1972,''; and (2) by striking ``or procedure'' and inserting ``procedure, or activity'' each place the term appears. SEC. 4. FEDERAL ELECTION OVERSIGHT ON INDIAN RESERVATIONS. Section 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f) is amended-- (1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (2) in subsection (c), as redesignated by paragraph (1) of this section, by striking ``subsection (c), such observers'' and inserting ``subsection (d), the observers described in this section''; and (3) by inserting after subsection (a) the following: ``(b) The Attorney General may authorize Federal observers for elections that occur on an Indian reservation, as defined under section 203, if the Attorney General has received from a tribal organization-- ``(1) a written complaint that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), may occur on an Indian reservation; and ``(2) a request for the authorization of Federal observers for elections that occur on that Indian reservation.''. SEC. 5. TERMINATION OF ELECTION OBSERVERS. Section 13(a) of the Voting Rights Act of 1965 (42 U.S.C. 1973k(a)) is amended-- (1) in paragraph (1)-- (A) by striking ``section 8'' and inserting ``subsection (a) of section 8''; and (B) by striking ``and'' after the semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) with respect to observers appointed pursuant to subsection (b) of section 8, after the end of the next general election for the office of President.''. SEC. 6. DEFINITIONS. Section 14(c) of the Voting Rights Act of 1965 (42 U.S.C. 1973l(c)) is amended by adding at the end the following: ``(4) The terms `Indian tribe' and `tribal organization' have the meaning given such terms under section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(5) The term `member of an Indian tribe' means an individual who is a member of an Indian tribe, as defined under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and includes a member of a Native Corporation, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).''. SEC. 7. BILINGUAL ELECTION REQUIREMENTS; DEFINITION OF INDIAN RESERVATION. Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is amended-- (1) in subsection (b)(3)(C), by striking ``1990'' and inserting ``2010''; and (2) in subsection (c), by striking ``or in the case of Alaskan natives and American Indians, if the predominant language is historically unwritten'' and inserting ``(as of the date on which the materials or information is provided)''. SEC. 8. ELECTION OBSERVER TRANSPARENCY. The Attorney General shall make publicly available the reports of Federal election observers appointed in accordance with section 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f), not later than 6 months after the date that such reports are submitted to the Attorney General. SEC. 9. TRIBAL VOTING CONSULTATION. The Attorney General shall, to the extent practicable, consult annually with tribal organizations regarding issues relating to voting for members of an Indian tribe.

Native Voting Rights Act of 2014 - Amends the Voting Rights Act of 1965 to make an individual's unexpired tribal identification document issued by an Indian tribe or Native Corporation a valid form of identification in states and political subdivisions that require an individual to present a valid form of identification to vote or register to vote. Authorizes the Attorney General (DOJ) to bring actions against such jurisdictions for declaratory judgement or injunctive relief if the Attorney General finds a disparity between in-person voting opportunities for Indians and in-person voting opportunities for non-Indians. Prohibits states and political subdivisions, without obtaining court approval or the nonobjection of the Attorney General, from: eliminating an Indian reservation's sole polling place or voter registration site; moving or consolidating a polling place or voter registration site one mile or more from the existing polling place or registration site on an Indian reservation; moving or consolidating a polling place or voter registration site on an Indian reservation across a natural boundary such that travel becomes difficult for a voter, regardless of distance; eliminating in-person voting on an Indian reservation by designating the reservation a permanent absentee voting location, unless the entire state is or becomes such a location; removing an early voting location or otherwise diminishing early voting opportunities on an Indian reservation; and decreasing the number of days or hours that an in-person or early voting location is open on an Indian reservation or changing the dates of in-person or early voting on such reservation. Authorizes the Attorney General to assign federal observers to elections on an Indian reservation if the applicable tribe: (1) requests such observers, and (2) provides the Attorney General with a written complaint that efforts to deny or abridge the right to vote may occur on such reservation. Terminates the assignment of such observers after the end of the next presidential election. Provides that if the applicable language of a minority group is not oral or unwritten when voting materials or information become available, states and political subdivisions must provide that material or information in the language of the minority group and in English. Requires federal election observer's reports to be made available to the public within six months after they are submitted to the Attorney General. Directs the Attorney General, to the extent practicable, to consult annually with tribal organization regarding Indian voting issues.

Native Voting Rights Act of 2014

SECTION 1. ADVANCE PAYMENT OF EARNED INCOME TAX CREDIT THROUGH STATE DEMONSTRATION PROGRAMS. (a) In General.--Section 3507 of the Internal Revenue Code of 1986 (relating to the advance payment of the earned income tax credit) is amended by adding at the end the following: ``(g) State Advance Payment Program.-- ``(1) In general.--In lieu of receiving earned income advance amounts from an employer under subsection (a), a participating resident shall receive advance earned income payments from a responsible State agency pursuant to a State Advance Payment Program that is designated pursuant to paragraph (2). ``(2) Designations.-- ``(A) In general.--The Secretary (in consultation with the Secretary of Health and Human Services) shall designate State Advance Payment Programs for States submitting plans that satisfy the requirements of paragraph (3). The Secretary is required to approve a State plan 90 days after submission to the Secretary by the State, or submit to the State the reasons for not approving the State plan. Administrative costs of a State in conducting a State Advance Payment Program under this section may be included for matching under section 403(a) of the Social Security Act and section 16(a) of the Food Stamp Act of 1977. ``(B) Period for which designation is in effect.-- ``(i) In general.--Designations made under this paragraph shall be effective only after December 31, 1996. ``(ii) Revocation of designations.--The Secretary may revoke a State's designation under this paragraph if the Secretary determines that the State is not complying substantially with the plan described in paragraph (3) submitted by the State. ``(3) State plans.--No State may be designated under paragraph (2) unless the State's proposal for such designation-- ``(A) identifies the responsible State agency, ``(B) describes how and when the advance earned income payments will be made by that agency, including a description of any other State or Federal benefits with which such payments will be coordinated, ``(C) describes how the State will obtain the information on which the amount of advance earned income payments made to each participating resident will be determined in accordance with paragraph (4), ``(D) describes how State residents who will be eligible to receive advance earned income payments will be selected, notified of the opportunity to receive advance earned income payments from the responsible State agency, and given the opportunity to elect to participate in the program, ``(E) describes how the State will verify, in addition to receiving the certifications and statement described in paragraph (6)(D)(iv), the eligibility of participating residents for the earned income tax credit, ``(F) commits the State to furnishing to each participating resident and to the Secretary by January 31 of each year a written statement showing-- ``(i) the name and taxpayer identification number of the participating resident, and ``(ii) the total amount of advance earned income payments made to the participating resident during the prior calendar year, ``(G) commits the State to furnishing to the Secretary by December 1 of each year a written statement showing the name and taxpayer identification number of each participating resident, and ``(H) commits the State to assess the development and implementation of its State Advance Payment Program, including an agreement to share its findings and lessons with other interested States in a manner to be described by the Secretary. ``(4) Amount and timing of advance earned income payments.-- ``(A) Amount.-- ``(i) In general.--The method for determining the amount of advance earned income payments made to each participating resident is to conform to the full extent possible with the provisions of subsection (c). ``(ii) Special rule.--A State may, at its election, apply the rules of subsection (c)(2)(B)-- ``(I) by substituting for `60 percent' in such subsection a percentage between 60 percent and 75 percent which is elected by the State, and ``(II) by using the credit percentage for the number of qualifying children of the eligible individual in lieu of the credit percentage specified in clause (i) thereof. ``(B) Timing.--The frequency of advance earned income payments may be made on the basis of the payroll periods of participating residents, on a single statewide schedule, or on any other reasonable basis prescribed by the State in its plan; however, in no event may advance earned income payments be made to any participating resident less frequently than on a calendar-quarter basis. ``(5) Payments to be treated as payments of withholding and fica taxes.-- ``(A) In general.--For purposes of this title, advance earned income payments-- ``(i) shall neither be treated as a payment of compensation nor be included in gross income, and ``(ii) shall be treated as made out of-- ``(I) amounts required to be deducted and withheld by the State under section 3401 (relating to wage withholding) for the period (under paragraph (4)(B)) on the basis of which advance earned income payments are made by the State, and ``(II) amounts required to be deducted for such period under section 3102 (relating to FICA employee taxes), and ``(III) amounts of the taxes imposed on the State for such period under section 3111 (relating to FICA employer taxes), as if the State had paid to the Secretary, on the day on which payments are made to participating residents, an amount equal to such payments. ``(B) Advance payments exceed taxes due.--If for any period the aggregate amount of advance earned income payments made by the responsible State agency under a State Advance Payment Program exceeds the sum of the amounts referred to in subparagraph (A)(ii), each such advance earned income payment shall be reduced by an amount which bears the same ratio to such excess as such advance earned income payment bears to the aggregate amount of all such advance earned income payments. ``(6) Definitions.--For purposes of this section-- ``(A) State advance payment program.--The term `State Advance Payment Program' means the program described in a proposal submitted for designation under paragraph (1) and designated by the Secretary under paragraph (2). ``(B) Responsible state agency.--The term `responsible State agency' means the single State agency that will be making the advance earned income payments to residents of the State who elect to participate in a State Advance Payment Program. ``(C) Advance earned income payments.--The term `advance earned income payments' means an amount paid by a responsible State agency to residents of the State pursuant to a State Advance Payment Program. ``(D) Participating resident.--The term `participating resident' means an individual who-- ``(i) is a resident of a State that has in effect a designated State Advance Payment Program, ``(ii) makes the election described in paragraph (3)(D) pursuant to guidelines prescribed by the State, ``(iii) certifies to the State the number of qualifying children the individual has, and ``(iv) provides to the State the certifications and statement set forth in subsection (b) (except that paragraph (3) thereof shall be applied by substituting `any employer' for `another employer'), along with any other information required by the State.''. (b) Technical Assistance.--The Secretary of the Treasury and the Secretary of Health and Human Services shall jointly ensure that technical assistance is provided to State Advance Payment Programs and that such Programs are rigorously evaluated. (c) Annual Reports.--The Secretary of the Treasury shall issue annual reports detailing the extent to which-- (1) residents participate in the State Advance Payment Programs, (2) participating residents file Federal and State tax returns, (3) participating residents report accurately the amount of the advance earned income payments made to them by the responsible State agency during the year, and (4) recipients of excessive advance earned income payments repaid those amounts. The report shall also contain an estimate of the amount of advance earned income payments made by each responsible State agency but not reported on the tax returns of a participating resident and the amount of excessive advance earned income payments. (d) Authorization of Appropriations.--For purposes of providing technical assistance described in subsection (b), preparing the reports described in subsection (c), and providing grants to States in support of designated State Advance Payment Programs, there are authorized to be appropriated in advance to the Secretary of the Treasury and the Secretary of Health and Human Services a total of $1,400,000 for fiscal years 1997 through 2000.

Amends the Internal Revenue Code to provide for advance earned income credits to be paid through a State Advance Payment Program rather than by the employer. Authorizes appropriations.

To amend the Internal Revenue Code of 1986 to permit States to make advance payments of the earned income tax credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Examination Parity and Year 2000 Readiness for Financial Institutions Act''. SEC. 2. YEAR 2000 READINESS FOR FINANCIAL INSTITUTIONS. (a) Findings.--The Congress finds that-- (1) the Year 2000 computer problem poses a serious challenge to the American economy, including the Nation's banking and financial services industries; (2) thousands of banks, savings associations, and credit unions rely heavily on internal information technology and computer systems, as well as outside service providers, for mission-critical functions, such as check clearing, direct deposit, accounting, automated teller machine networks, credit card processing, and data exchanges with domestic and international borrowers, customers, and other financial institutions; and (3) Federal financial regulatory agencies must have sufficient examination authority to ensure that the safety and soundness of the Nation's financial institutions will not be at risk. (b) Definitions.--For purposes of this section-- (1) the terms ``depository institution'' and ``Federal banking agency'' have the same meanings as in section 3 of the Federal Deposit Insurance Act; (2) the term ``Federal home loan bank'' has the same meaning as in section 2 of the Federal Home Loan Bank Act; (3) the term ``Federal reserve bank'' means a reserve bank established under the Federal Reserve Act; (4) the term ``insured credit union'' has the same meaning as in section 101 of the Federal Credit Union Act; and (5) the term ``Year 2000 computer problem'' means, with respect to information technology, any problem which prevents such technology from accurately processing, calculating, comparing, or sequencing date or time data-- (A) from, into, or between-- (i) the 20th and 21st centuries; or (ii) the years 1999 and 2000; or (B) with regard to leap year calculations. (c) Seminars and Model Approaches to Year 2000 Computer Problem.-- (1) Seminars.-- (A) In general.--Each Federal banking agency and the National Credit Union Administration Board shall offer seminars to all depository institutions and insured credit unions under the jurisdiction of such agency on the implication of the Year 2000 computer problem for-- (i) the safe and sound operations of such depository institutions and credit unions; and (ii) transactions with other financial institutions, including Federal reserve banks and Federal home loan banks. (B) Content and schedule.--The content and schedule of seminars offered pursuant to subparagraph (A) shall be determined by each Federal banking agency and the National Credit Union Administration Board taking into account the resources and examination priorities of such agency. (2) Model approaches.-- (A) In general.--Each Federal banking agency and the National Credit Union Administration Board shall make available to each depository institution and insured credit union under the jurisdiction of such agency model approaches to common Year 2000 computer problems, such as model approaches with regard to project management, vendor contracts, testing regimes, and business continuity planning. (B) Variety of approaches.--In developing model approaches to the Year 2000 computer problem pursuant to subparagraph (A), each Federal banking agency and the National Credit Union Administration Board shall take into account the need to develop a variety of approaches to correspond to the variety of depository institutions or credit unions within the jurisdiction of the agency. (3) Cooperation.--In carrying out this section, the Federal banking agencies and the National Credit Union Administration Board may cooperate and coordinate their activities with each other, the Financial Institutions Examination Council, and appropriate organizations representing depository institutions and credit unions. SEC. 3. REGULATION AND EXAMINATION OF SERVICE PROVIDERS. (a) Regulation and Examination of Savings Association Service Companies.-- (1) Amendment to home owners' loan act.--Section 5(d) of the Home Owners' Loan Act (12 U.S.C. 1464(d)) is amended by adding at the end the following: ``(7) Regulation and examination of savings association service companies, subsidiaries, and service providers.-- ``(A) General examination and regulatory authority.--A service company or subsidiary that is owned in whole or in part by a savings association shall be subject to examination and regulation by the Director to the same extent as that savings association. ``(B) Examination by other banking agencies.--The Director may authorize any other Federal banking agency that supervises any other owner of part of the service company or subsidiary to perform an examination described in subparagraph (A). ``(C) Applicability of section 8 of the federal deposit insurance act.--A service company or subsidiary that is owned in whole or in part by a saving association shall be subject to the provisions of section 8 of the Federal Deposit Insurance Act as if the service company or subsidiary were an insured depository institution. In any such case, the Director shall be deemed to be the appropriate Federal banking agency, pursuant to section 3(q) of the Federal Deposit Insurance Act. ``(D) Service performed by contract or otherwise.-- Notwithstanding subparagraph (A), if a savings association, a subsidiary thereof, or any savings and loan affiliate or entity, as identified by section 8(b)(9) of the Federal Deposit Insurance Act, that is regularly examined or subject to examination by the Director, causes to be performed for itself, by contract or otherwise, any service authorized under this Act or, in the case of a State savings association, any applicable State law, whether on or off its premises-- ``(i) such performance shall be subject to regulation and examination by the Director to the same extent as if such services were being performed by the savings association on its own premises; and ``(ii) the savings association shall notify the Director of the existence of the service relationship not later than 30 days after the earlier of-- ``(I) the date on which the contract is entered into; or ``(II) the date on which the performance of the service is initiated. ``(E) Administration by the director.--The Director may issue such regulations and orders, including those issued pursuant to section 8 of the Federal Deposit Insurance Act, as may be necessary to enable the Director to administer and carry out this paragraph and to prevent evasion of this paragraph. ``(8) Definitions.--For purposes of this section-- ``(A) the term `service company' means-- ``(i) any corporation-- ``(I) that is organized to perform services authorized by this Act or, in the case of a corporation owned in part by a State savings association, authorized by applicable State law; and ``(II) all of the capital stock of which is owned by 1 or more insured savings associations; and ``(ii) any limited liability company-- ``(I) that is organized to perform services authorized by this Act or, in the case of a company, 1 of the members of which is a State savings association, authorized by applicable State law; and ``(II) all of the members of which are 1 or more insured savings associations; ``(B) the term `limited liability company' means any company, partnership, trust, or similar business entity organized under the law of a State (as defined in section 3 of the Federal Deposit Insurance Act) that provides that a member or manager of such company is not personally liable for a debt, obligation, or liability of the company solely by reason of being, or acting as, a member or manager of such company; and ``(C) the terms `State savings association' and `subsidiary' have the same meanings as in section 3 of the Federal Deposit Insurance Act.''. (2) Conforming amendments to section 8 of the federal deposit insurance act.--Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is amended-- (A) in subsection (b)(9), by striking ``to any service corporation of a savings association and to any subsidiary of such service corporation''; (B) in subsection (e)(7)(A)(ii), by striking ``(b)(8)'' and inserting ``(b)(9)''; and (C) in subsection (j)(2), by striking ``(b)(8)'' and inserting ``(b)(9)''. (b) Regulation and Examination of Service Providers for Credit Unions.--Title II of the Federal Credit Union Act (12 U.S.C. 1781 et seq.) is amended by inserting after section 206 the following new section: ``SEC. 206A. REGULATION AND EXAMINATION OF CREDIT UNION ORGANIZATIONS AND SERVICE PROVIDERS. ``(a) Regulation and Examination of Credit Union Organizations.-- ``(1) General examination and regulatory authority.--A credit union organization shall be subject to examination and regulation by the Board to the same extent as that insured credit union. ``(2) Examination by other banking agencies.--The Board may authorize to make an examination of a credit union organization in accordance with paragraph (1)-- ``(A) any Federal regulator agency that supervises any activity of a credit union organization; or ``(B) any Federal banking agency that supervises any other person who maintains an ownership interest in a credit union organization. ``(b) Applicability of Section 206.--A credit union organization shall be subject to the provisions of section 206 as if the credit union organization were an insured credit union. ``(c) Service Performed by Contract or Otherwise.--Notwithstanding subsection (a), if an insured credit union or a credit union organization that is regularly examined or subject to examination by the Board, causes to be performed for itself, by contract or otherwise, any service authorized under this Act or, in the case of a State credit union, any applicable State law, whether on or off its premises-- ``(1) such performance shall be subject to regulation and examination by the Board to the same extent as if such services were being performed by the insured credit union or credit union organization itself on its own premises; and ``(2) the insured credit union or credit union organization shall notify the Board of the existence of the service relationship not later than 30 days after the earlier of-- ``(A) the date on which the contract is entered into; or ``(B) the date on which the performance of the service is initiated. ``(d) Administration by the Board.--The Board may issue such regulations and orders as may be necessary to enable the Board to administer and carry out this section and to prevent evasion of this section. ``(e) Definitions.--For purposes of this section-- ``(1) the term `credit union organization' means any entity that-- ``(A) is not a credit union; ``(B) is an entity in which an insured credit union may lawfully hold an ownership interest or investment; and ``(C) is owned in whole or in part by an insured credit union; and ``(2) the term `Federal banking agency' has the same meaning as in section 3 of the Federal Deposit Insurance Act. ``(f) Expiration of Authority.--This section and all powers and authority of the Board under this section shall cease to be effective as of December 31, 2001.''.

Examination Parity and Year 2000 Readiness for Financial Institutions Act - Requires each Federal banking agency and the National Credit Union Administration Board (Board) to offer seminars to all depository institutions and insured credit unions under their respective jurisdictions on the implication of the Year 2000 computer problem for: (1) the safety and soundness of such institutions; and (2) their transactions with other financial institutions (including Federal reserve banks and Federal home loan banks). Requires such agencies and the Board to make available to all the institutions under their jurisdiction model approaches to common Year 2000 computer problems with regard to project management, vendor contracts, testing regimes, and business continuity planning. Defines Year 2000 computer problem as any problem which prevents information technology from accurately processing, calculating, comparing, or sequencing date or time data: (1) from, into, or between the 20th and 21st centuries, or the years 1999 and 2000; or (2) with regard to leap year calculations. Amends the Home Owners' Loan Act to place under the regulatory authority of the Director of the Office of Thrift Supervision a service corporation or subsidiary owned by a savings association. Permits the Director to authorize any other Federal banking agency to examine the service corporation or subsidiary if the agency supervises any other person maintaining an ownership interest in it. Subjects the corporation or subsidiary to the insurance termination prescriptions of the Federal Deposit Insurance Act. Provides that if such service corporation or subsidiary causes services to be performed for itself that are also authorized under this Act, such services shall also fall within the Director's regulatory purview. Amends the Federal Credit Union Act to subject a credit union organization owned in whole or in part by an insured credit union to examination and regulation by the Board to the same extent as an insured credit union. Permits the Board to authorize any other Federal agency to examine a credit union organization if such agency has supervisory authority over any activity of a credit union organization, or over any person maintaining an ownership interest in such organization. Subjects such corporation or subsidiary to the insurance termination and disciplinary requirements of the Federal Credit Union Act. Provides that if an insured credit union or credit union organization causes services to be performed for itself that are also authorized under this Act, such services shall also fall within the Board's regulatory purview. Terminates all power and authority conferred upon the Board by this Act as of December 31, 2001.

Examination Parity and Year 2000 Readiness for Financial Institutions Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazardous Waste Electronic Manifest Establishment Act''. SEC. 2. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM. (a) In General.--Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding at the end the following: ``SEC. 3024. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM. ``(a) Definitions.--In this section: ``(1) Board.--The term `Board' means the Hazardous Waste Electronic Manifest System Advisory Board established under subsection (f). ``(2) Fund.--The term `Fund' means the Hazardous Waste Electronic Manifest System Fund established by subsection (d). ``(3) Person.--The term `person' includes an individual, corporation (including a Government corporation), company, association, firm, partnership, society, joint stock company, trust, municipality, commission, Federal agency, State, political subdivision of a State, or interstate body. ``(4) System.--The term `system' means the hazardous waste electronic manifest system established under subsection (b). ``(5) User.--The term `user' means a hazardous waste generator, a hazardous waste transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility, or any other person that-- ``(A) is required to use a manifest to comply with any Federal or State requirement to track the shipment, transportation, and receipt of hazardous waste or other material that is shipped from the site of generation to an off- site facility for treatment, storage, disposal, or recycling; and ``(B)(i) elects to use the system to complete and transmit an electronic manifest format; or ``(ii) submits to the system for data processing purposes a paper copy of the manifest (or data from such a paper copy), in accordance with such regulations as the Administrator may promulgate to require such a submission. ``(b) Establishment.--Not later than 3 years after the date of enactment of this section, the Administrator shall establish a hazardous waste electronic manifest system that may be used by any user. ``(c) User Fees.-- ``(1) In general.--In accordance with paragraph (4), the Administrator may impose on users such reasonable service fees as the Administrator determines to be necessary to pay costs incurred in developing, operating, maintaining, and upgrading the system, including any costs incurred in collecting and processing data from any paper manifest submitted to the system after the date on which the system enters operation. ``(2) Collection of fees.--The Administrator shall-- ``(A) collect the fees described in paragraph (1) from the users in advance of, or as reimbursement for, the provision by the Administrator of system-related services; and ``(B) deposit the fees in the Fund. ``(3) Fee structure.-- ``(A) In general.--The Administrator, in consultation with information technology vendors, shall determine through the contract award process described in subsection (e) the fee structure that is necessary to recover the full cost to the Administrator of providing system-related services, including-- ``(i) contractor costs relating to-- ``(I) materials and supplies; ``(II) contracting and consulting; ``(III) overhead; ``(IV) information technology (including costs of hardware, software, and related services); ``(V) information management; ``(VI) collection of service fees; ``(VII) reporting and accounting; and ``(VIII) project management; and ``(ii) costs of employment of direct and indirect Government personnel dedicated to establishing, managing, and maintaining the system. ``(B) Adjustments in fee amount.-- ``(i) In general.--The Administrator, in consultation with the Board, shall increase or decrease the amount of a service fee determined under the fee structure described in subparagraph (A) to a level that will-- ``(I) result in the collection of an aggregate amount for deposit in the Fund that is sufficient and not more than reasonably necessary to cover current and projected system-related costs (including any necessary system upgrades); and ``(II) minimize, to the maximum extent practicable, the accumulation of unused amounts in the Fund. ``(ii) Exception for initial period of operation.--The requirement described in clause (i)(II) shall not apply to any additional fees that accumulate in the Fund, in an amount that does not exceed $2,000,000, during the 3-year period beginning on the date on which the system enters operation. ``(iii) Timing of adjustments.--Adjustments to service fees described in clause (i) shall be made-- ``(I) initially, at the time at which initial development costs of the system have been recovered by the Administrator such that the service fee may be reduced to reflect the elimination of the system development component of the fee; and ``(II) periodically thereafter, upon receipt and acceptance of the findings of any annual accounting or auditing report under subsection (d)(3), if the report discloses a significant disparity for a fiscal year between the funds collected from service fees under this subsection for the fiscal year and expenditures made for the fiscal year to provide system-related services. ``(4) Crediting and availability of fees.--Fees authorized under this section shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. ``(d) Hazardous Waste Electronic Manifest System Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the `Hazardous Waste Electronic Manifest System Fund', consisting of such amounts as are deposited in the Fund under subsection (c)(2)(B). ``(2) Expenditures from fund.-- ``(A) In general.--Only to the extent provided in advance in appropriations Acts, on request by the Administrator, the Secretary of the Treasury shall transfer from the Fund to the Administrator amounts appropriated to pay costs incurred in developing, operating, maintaining, and upgrading the system under subsection (c). ``(B) Use of funds by administrator.--Fees collected by the Administrator and deposited in the Fund under this section shall be available to the Administrator subject to appropriations Acts for use in accordance with this section without fiscal year limitation. ``(C) Oversight of funds.--The Administrator shall carry out all necessary measures to ensure that amounts in the Fund are used only to carry out the goals of establishing, operating, maintaining, upgrading, managing, supporting, and overseeing the system. ``(3) Accounting and auditing.-- ``(A) Accounting.--For each 2-fiscal-year period, the Administrator shall prepare and submit to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report that includes-- ``(i) an accounting of the fees paid to the Administrator under subsection (c) and disbursed from the Fund for the period covered by the report, as reflected by financial statements provided in accordance with-- ``(I) the Chief Financial Officers Act of 1990 (Public Law 101-576; 104 Stat. 2838) and amendments made by that Act; and ``(II) the Government Management Reform Act of 1994 (Public Law 103-356; 108 Stat. 3410) and amendments made by that Act; and ``(ii) an accounting describing actual expenditures from the Fund for the period covered by the report for costs described in subsection (c)(1). ``(B) Auditing.-- ``(i) In general.--For the purpose of section 3515(c) of title 31, United States Code, the Fund shall be considered a component of an Executive agency. ``(ii) Components of audit.--The annual audit required in accordance with sections 3515(b) and 3521 of title 31, United States Code, of the financial statements of activities carried out using amounts from the Fund shall include an analysis of-- ``(I) the fees collected and disbursed under this section; ``(II) the reasonableness of the fee structure in place as of the date of the audit to meet current and projected costs of the system; ``(III) the level of use of the system by users; and ``(IV) the success to date of the system in operating on a self-sustaining basis and improving the efficiency of tracking waste shipments and transmitting waste shipment data. ``(iii) Federal responsibility.--The Inspector General of the Environmental Protection Agency shall-- ``(I) conduct the annual audit described in clause (ii); and ``(II) submit to the Administrator a report that describes the findings and recommendations of the Inspector General resulting from the audit. ``(e) Contracts.-- ``(1) Authority to enter into contracts funded by service fees.--After consultation with the Secretary of Transportation, the Administrator may enter into 1 or more information technology contracts with entities determined to be appropriate by the Administrator (referred to in this subsection as `contractors') for the provision of system-related services. ``(2) Term of contract.--A contract awarded under this subsection shall have a term of not more than 10 years. ``(3) Achievement of goals.--The Administrator shall ensure, to the maximum extent practicable, that a contract awarded under this subsection-- ``(A) is performance-based; ``(B) identifies objective outcomes; and ``(C) contains performance standards that may be used to measure achievement and goals to evaluate the success of a contractor in performing under the contract and the right of the contractor to payment for services under the contract, taking into consideration that a primary measure of successful performance shall be the development of a hazardous waste electronic manifest system that-- ``(i) meets the needs of the user community (including States that rely on data contained in manifests); ``(ii) attracts sufficient user participation and service fee revenues to ensure the viability of the system; ``(iii) decreases the administrative burden on the user community; and ``(iv) provides the waste receipt data applicable to the biennial reports required by section 3002(a)(6). ``(4) Payment structure.--Each contract awarded under this subsection shall include a provision that specifies-- ``(A) the service fee structure of the contractor that will form the basis for payments to the contractor; and ``(B) the fixed-share ratio of monthly service fee revenues from which the Administrator shall reimburse the contractor for system-related development, operation, and maintenance costs. ``(5) Cancellation and termination.-- ``(A) In general.--If the Administrator determines that sufficient funds are not made available for the continuation in a subsequent fiscal year of a contract entered into under this subsection, the Administrator may cancel or terminate the contract. ``(B) Negotiation of amounts.--The amount payable in the event of cancellation or termination of a contract entered into under this subsection shall be negotiated with the contractor at the time at which the contract is awarded. ``(6) No effect on ownership.--Regardless of whether the Administrator enters into a contract under this subsection, the system shall be owned by the Federal Government. ``(f) Hazardous Waste Electronic Manifest System Advisory Board.-- ``(1) Establishment.--Not later than 3 years after the date of enactment of this section, the Administrator shall establish a board to be known as the `Hazardous Waste Electronic Manifest System Advisory Board'. ``(2) Composition.--The Board shall be composed of 9 members, of which-- ``(A) 1 member shall be the Administrator (or a designee), who shall serve as Chairperson of the Board; and ``(B) 8 members shall be individuals appointed by the Administrator-- ``(i) at least 2 of whom shall have expertise in information technology; ``(ii) at least 3 of whom shall have experience in using or represent users of the manifest system to track the transportation of hazardous waste under this subtitle (or an equivalent State program); and ``(iii) at least 3 of whom shall be a State representative responsible for processing those manifests. ``(3) Duties.--The Board shall meet annually to discuss, evaluate the effectiveness of, and provide recommendations to the Administrator relating to, the system. ``(g) Regulations.-- ``(1) Promulgation.-- ``(A) In general.--Not later than 1 year after the date of enactment of this section, after consultation with the Secretary of Transportation, the Administrator shall promulgate regulations to carry out this section. ``(B) Inclusions.--The regulations promulgated pursuant to subparagraph (A) may include such requirements as the Administrator determines to be necessary to facilitate the transition from the use of paper manifests to the use of electronic manifests, or to accommodate the processing of data from paper manifests in the electronic manifest system, including a requirement that users of paper manifests submit to the system copies of the paper manifests for data processing purposes. ``(C) Requirements.--The regulations promulgated pursuant to subparagraph (A) shall ensure that each electronic manifest provides, to the same extent as paper manifests under applicable Federal and State law, for-- ``(i) the ability to track and maintain legal accountability of-- ``(I) the person that certifies that the information provided in the manifest is accurately described; and ``(II) the person that acknowledges receipt of the manifest; ``(ii) if the manifest is electronically submitted, State authority to access paper printout copies of the manifest from the system; and ``(iii) access to all publicly available information contained in the manifest. ``(2) Effective date of regulations.--Any regulation promulgated by the Administrator under paragraph (1) and in accordance with section 3003 relating to electronic manifesting of hazardous waste shall take effect in each State as of the effective date specified in the regulation. ``(3) Administration.--The Administrator shall carry out regulations promulgated under this subsection in each State unless the State program is fully authorized to carry out such regulations in lieu of the Administrator. ``(h) Requirement of Compliance With Respect to Certain States.--In any case in which the State in which waste is generated, or the State in which waste will be transported to a designated facility, requires that the waste be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the State in which the facility is located-- ``(1) complete the facility portion of the applicable manifest; ``(2) sign and date the facility certification; and ``(3) submit to the system a final copy of the manifest for data processing purposes. ``(i) Authorization for Start-up Activities.--There are authorized to be appropriated $2,000,000 for each of fiscal years 2013 through 2015 for start-up activities to carry out this section, to be offset by collection of user fees under subsection (c) such that all such appropriated funds are offset by fees as provided in subsection (c).''. (b) Conforming Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by inserting at the end of the items relating to subtitle C the following: ``Sec. 3024. Hazardous waste electronic manifest system.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Hazardous Waste Electronic Manifest Establishment Act - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a hazardous waste electronic manifest system within three years that may be used by a hazardous waste generator or transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility, or any other person that: (1) is required to use a manifest to comply with any federal or state requirement to track the shipment, transportation, and receipt of hazardous waste or other material shipped from the generation site to an off-site facility for treatment, storage, disposal, or recycling; and (2) elects to use the system to complete and transmit an electronic manifest format; or (3) submits to the system for data processing purposes a paper copy of the manifest (or data from such a paper copy). Authorizes the Administrator to: (1) impose service fees on users to pay for developing, operating, maintaining, and upgrading the system, including any costs incurred in collecting and processing data from any paper manifest submitted to the system after the date on which the system enters operation; and (2) deposit the fees into the Hazardous Waste Electronic Manifest System Fund (a revolving fund established by this Act). Requires the Administrator to adjust such fees to a level that will result in the collection of an amount that is sufficient and no more than reasonably necessary to cover system-related costs and minimize the accumulation of unused amounts in the Fund. Authorizes the Administrator, after consulting with the Secretary of Transportation (DOT), to enter into information technology contracts with appropriate entities for the provision of system-related services. Limits such contracts to a term of no more than 10 years. Requires the Administrator to: (1) establish the Hazardous Waste Electronic Manifest System Advisory Board, and (2) carry out this Act in each state unless the state program is fully authorized to do so. Requires a designated facility that receives waste, in cases in which the state in which waste is generated or transported to such facility requires that the waste be tracked through a hazardous waste manifest, to: (1) complete the facility portion of the applicable manifest, (2) sign and date the facility certification, and (3) submit to the system a final copy of the manifest. Establishes reporting requirements. Authorizes appropriations for FY2013-FY2015 for start-up activities to carry out this Act that will be offset by the collection of such user fees.

A bill to amend the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to establish a hazardous waste electronic manifest system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Waste Empowerment and Enforcement Provision Act of 2002''. SEC. 2. AUTHORITY TO REGULATE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding after section 4010 the following new section: ``SEC. 4011. RECEIPT AND DISPOSAL OF OUT-OF-STATE MUNICIPAL SOLID WASTE. ``(a) Authority of State To Restrict Out-Of-State Municipal Solid Waste.--A State may limit or place restrictions on, or otherwise regulate, out-of-State municipal solid waste received or disposed of annually at each landfill or incinerator in the State, except as provided in subsection (b). In limiting, restricting, or regulating out-of-State municipal solid waste under this section, a State's powers include, but are not limited to-- ``(1) assessing different fees for the receipt or disposal of out-of-State municipal solid waste from those assessed for municipal solid waste from inside the State; ``(2) requiring local referenda on the establishment of landfills and construction of incinerators intended for receipt or disposal of out-of-State municipal solid waste; ``(3) considering local need for disposal capacity when making permitting and expansion decisions; ``(4) limiting the receipt of out-of-State municipal solid waste to a percentage of a landfill's or incinerator's capacity; ``(5) freezing the levels of out-of-State municipal solid waste receipt or disposal at particular calendar year levels or percentages of calendar year levels; ``(6) requiring companies to publicly disclose information about previous health and safety violations before opening new landfills or incinerators; ``(7) regulating and restricting modes of transportation for out-of-State municipal solid waste; and ``(8) requiring inspectors at landfills, incinerators, and transfer stations that accept out-of-State municipal solid waste. ``(b) Exception.--A State may not, until after the expiration of 2 years after the date of the enactment of this section, limit, restrict, or regulate out-of-State municipal solid waste received or disposed of annually at a landfill or incinerator in the State under subsection (a) to the extent that a host community agreement specifically authorizes the receipt of such waste. ``(c) Definitions.--For purposes of this section: ``(1) Affected local government.--The term `affected local government' means-- ``(A) the public body authorized by State law to plan for the management of municipal solid waste, a majority of the members of which are elected officials, for the area in which a landfill or incinerator is located or proposed to be located; ``(B) if there is no such body authorized by State law, the elected officials of the city, town, township, borough, county, or parish exercising primary responsibility over municipal solid waste management or the use of land in the jurisdiction in which a landfill or incinerator is located or proposed to be located; or ``(C) contiguous units of local government located in each of 2 or more adjoining States acting jointly as an affected local government, pursuant to the authority provided in section 1005(b), for purposes of providing authorization under subsection (b) for municipal solid waste generated in the jurisdiction of one of those units of local government and received for disposal or incineration in the jurisdiction of another. ``(2) Host community agreement.--The term `host community agreement' means a written, legally binding agreement, lawfully entered into before the date of the enactment of this section between an owner or operator of a landfill or incinerator and an affected local government that specifically authorizes the landfill or incinerator to receive out-of-State municipal solid waste. ``(3) Municipal solid waste.-- ``(A) Waste included.--Except as provided in subparagraph (B), the term `municipal solid waste' means-- ``(i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; ``(ii) sewage sludge and residuals from any sewage treatment plant; ``(iii) combustion ash generated by resource recovery facilities or municipal incinerators; ``(iv) petroleum contaminated soil; and ``(v) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials-- ``(I) are essentially the same as materials described in clause (i); and ``(II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. ``(B) Waste not included.--The term `municipal solid waste' does not include any of the following: ``(i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. ``(ii) Any solid waste, including contaminated soil (other than petroleum contaminated soil) and debris, resulting from-- ``(I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); ``(II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or ``(III) a corrective action taken under this Act. ``(iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. ``(iv) Scrap rubber to be used as a fuel source. ``(v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. ``(vi) Any solid waste that is-- ``(I) generated by an industrial facility; and ``(II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. ``(vii) Any medical waste that is segregated from or not mixed with solid waste. ``(viii) Waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households. ``(4) Out-of-state municipal solid waste.--The term `out- of-State municipal solid waste' means, with respect to any State, municipal solid waste generated outside of the State. The term includes municipal solid waste generated outside of the United States and includes municipal solid waste generated outside of the State that has passed through a transfer facility or other interim holding facility inside the State. ``(5) Recyclable materials.--The term `recyclable materials' means materials that are diverted, separated from, or separately managed from materials otherwise destined for disposal as solid waste, by collecting, sorting, or processing for use as raw materials or feedstocks in lieu of, or in addition to, virgin materials, including petroleum, in the manufacture of usable materials or products. ``(6) Specifically authorizes.--The term `specifically authorizes' refers to an explicit authorization, contained in a host community agreement or permit, to import municipal solid waste from outside the State. Such authorization may include a reference to a fixed radius surrounding the landfill or incinerator which includes an area outside the State or a reference to `any place of origin', reference to specific places outside the State, or use of such phrases as `regardless of origin' or `outside the State'. The language for such authorization must clearly and affirmatively state the approval or consent of the affected local government or State for receipt of municipal solid waste from sources or locations outside the State from which the owner or operator of a landfill or incinerator proposes to import it. The term shall not include general references to the receipt of waste from outside the jurisdiction of the affected local government.''. (b) Table of Contents.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 4010 the following new item: ``Sec. 4011. Receipt and disposal of out-of-State municipal solid waste.''.

State Waste Empowerment and Enforcement Provision Act of 2002 - Amends the Solid Waste Disposal Act to authorize a State to limit, place restrictions on, or otherwise regulate out-of-State municipal solid waste received or disposed of annually at each landfill or incinerator in the State, except, until two years after enactment of this Act, to the extent that a host community agreement (between an owner or operator of a landfill or incinerator and an affected local government) specifically authorizes such receipt.

To authorize States to regulate the receipt and disposal of out-of-State municipal solid waste.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Connect The Nation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The deployment and adoption of broadband services and information technology has resulted in enhanced economic development and public safety for communities across the Nation, improved health care and educational opportunities, and a better quality of life for all Americans. (2) Continued progress in the deployment and adoption of broadband and other advanced information services is vital to ensuring that our Nation remains competitive and continues to create business and job growth. (3) The Federal Government should also recognize and encourage complementary state efforts to improve the quality and usefulness of broadband data and should encourage and support the partnership of the public and private sectors in the continued growth of broadband services and information technology for the residents and businesses of the Nation. SEC. 3. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND. (a) Purposes.--The purposes of any grant under subsection (b) are-- (1) to ensure that all citizens and businesses in a State have access to affordable and reliable broadband service; (2) to achieve improved technology literacy, increased computer ownership, and home broadband use among such citizens and businesses; (3) to establish and empower local grassroots technology teams in each State to plan for improved technology use across multiple community sectors; and (4) to establish and sustain an environment ripe for broadband services and information technology investment. (b) Establishment of State Broadband Data and Development Grant Program.-- (1) In general.--The Secretary of Commerce shall award grants, taking into account the results of the peer review process under subsection (d), to eligible entities for the development and implementation of statewide initiatives to identify and track the availability and adoption of broadband services within each State. (2) Competitive basis.--Any grant under subsection (b) shall be awarded on a competitive basis. (c) Eligibility.--To be eligible to receive a grant under subsection (b), an eligible entity shall-- (1) submit an application to the Secretary of Commerce, at such time, in such manner, and containing such information as the Secretary may require; and (2) contribute matching non-Federal funds in an amount equal to not less than 20 percent of the total amount of the grant. (d) Peer Review.-- (1) In general.--The Secretary shall by regulation require appropriate technical and scientific peer review of applications made for grants under this section. (2) Review procedures.--The regulations required under paragraph (1) shall require that any technical and scientific peer review group-- (A) be provided a written description of the grant to be reviewed; (B) provide the results of any review by such group to the Secretary of Commerce; and (C) certify that such group will enter into voluntary nondisclosure agreements as necessary to prevent the unauthorized disclosure of confidential and propriety information provided by broadband service providers in connection with projects funded by any such grant. (e) Use of Funds.--A grant awarded to an eligible entity under subsection (b) shall be used-- (1) to provide a baseline assessment of broadband service deployment in each State; (2) to identify and track-- (A) areas in each State that have low levels of broadband service deployment; (B) the rate at which residential and business adopt broadband service and other related information technology services; and (C) possible suppliers of such services; (3) to identify barriers to the adoption by individuals and businesses of broadband service and related information technology services, including whether or not-- (A) the demand for such services is absent; and (B) the supply for such services is capable of meeting the demand for such services; (4) to create and facilitate in each county or designated region in a State a local technology planning team-- (A) with members representing a cross section of the community, including representatives of business, telecommunications labor organizations, K-12 education, health care, libraries, higher education, community- based organizations, local government, tourism, parks and recreation, and agriculture; and (B) which shall-- (i) benchmark technology use across relevant community sectors; (ii) set goals for improved technology use within each sector; and (iii) develop a tactical business plan for achieving its goals, with specific recommendations for online application development and demand creation; (5) to work collaboratively with broadband service providers and information technology companies to encourage deployment and use, especially in unserved and underserved areas, through the use of local demand aggregation, mapping analysis, and the creation of market intelligence to improve the business case for providers to deploy; (6) to establish programs to improve computer ownership and Internet access for unserved and underserved populations; (7) to collect and analyze detailed market data concerning the use and demand for broadband service and related information technology services; (8) to facilitate information exchange regarding the use and demand for broadband services between public and private sectors; and (9) to create within each State a geographic inventory map of broadband service, which shall-- (A) identify gaps in such service through a method of geographic information system mapping of service availability at the census block level; and (B) provide a baseline assessment of statewide broadband deployment in terms of households with high- speed availability. (f) Participation Limit.--For each State, an eligible entity may not receive a new grant under this section to fund the activities described in subsection (d) within such State if such organization obtained prior grant awards under this section to fund the same activities in that State in each of the previous 4 consecutive years. (g) Report.--Each recipient of a grant under subsection (b) shall submit a report on the use of the funds provided by the grant to the Secretary of Commerce. (h) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a non-profit organization that is selected by a State to work in partnership with State agencies and private sector partners in identifying and tracking the availability and adoption of broadband services within each State. (2) Nonprofit organization.--The term ``nonprofit organization'' means an organization-- (A) described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (B) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (C) that has an established competency and proven record of working with public and private sectors to accomplish widescale deployment and adoption of broadband services and information technology; and (D) the board of directors of which is not composed of a majority of individuals who are also employed by, or otherwise associated with, any Federal, State, or local government or any Federal, State, or local agency. (3) Broadband service.--The term ``broadband service'' means any service that connects to the public Internet that provides a data transmission-rate equivalent to at least 200 kilobits per second, or 200,000 bits per second, or any successor transmission-rate established by the Federal Communications Commission, in at least 1 direction. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2008 through 2012. (j) No Regulatory Authority.--Nothing in this Act shall be construed as giving any public or private entity established or affected by this Act any regulatory jurisdiction or oversight authority over providers of broadband services or information technology.

Connect The Nation Act - Provides for grants to develop and implement statewide initiatives to identify and track the availability and adoption of broadband services within each state.

A bill to promote the deployment and adoption of telecommunications services and information technologies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pulmonary Hypertension Research and Diagnosis Act of 2015''. SEC. 2. INTERAGENCY PULMONARY HYPERTENSION COORDINATING COMMITTEE ESTABLISHED. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section: ``SEC. 399V-6. INTERAGENCY PULMONARY HYPERTENSION COORDINATING COMMITTEE. ``(a) Committee Established.--The Secretary shall establish a committee, to be known as the Interagency Pulmonary Hypertension Coordinating Committee (in this section referred to as the `Committee'), to coordinate all efforts within the Department of Health and Human Services concerning pulmonary hypertension. ``(b) Responsibilities.--The Committee shall-- ``(1) develop and annually update a summary of the advances made in research on, and treatment and diagnosis of, pulmonary hypertension; ``(2) develop and annually update a summary of the advances made in access to care for individuals with a diagnosis of pulmonary hypertension; ``(3) monitor pulmonary hypertension research, services, and support activities across the Federal Government, including coordination of Federal activities and programs with respect to pulmonary hypertension; ``(4) develop and annually update a comprehensive strategic plan under subsection (c) to improve health outcomes for individuals with a diagnosis of pulmonary hypertension; and ``(5) develop and annually update the progress made in implementing such comprehensive strategic plan. ``(c) Strategy.--Not later than one year after the date of the enactment of the Pulmonary Hypertension Research and Diagnosis Act of 2015 and annually thereafter, the Committee shall submit to Congress and the Secretary a strategy to improve health outcomes for individuals with a diagnosis of pulmonary hypertension. Such strategy shall include the following: ``(1) Recommendations to advance research on pulmonary hypertension. ``(2) Recommendations to improve the transplantation criteria and process concerning lung and heart-lung transplants for individuals with a diagnosis of pulmonary hypertension. ``(3) Recommendations to improve public awareness and recognition of pulmonary hypertension. ``(4) Recommendations to improve health care delivery for individuals with a diagnosis of pulmonary hypertension. ``(5) Recommendations to improve the early and accurate diagnosis of pulmonary hypertension. ``(6) Recommendations to systematically advance the full spectrum of biomedical research on pulmonary hypertension. ``(d) Membership.-- ``(1) In general.--The Committee shall be composed of-- ``(A) a representative from each of the entities listed in paragraph (2); and ``(B) the non-Federal members appointed under paragraph (3). ``(2) Federal members.--The entities listed in this paragraph are the following: ``(A) The Department of Defense. ``(B) The Food and Drug Administration. ``(C) The National Institutes of Health. ``(D) The Agency for Healthcare Research and Quality. ``(E) The Administration for Children and Families. ``(F) The Centers for Disease Control and Prevention. ``(G) The Centers for Medicare & Medicaid Services. ``(H) The Health Resources and Services Administration. ``(3) Non-federal members.--Not fewer than six members of the Committee or one-third of the total membership of the Committee, whichever is greater, shall be composed of non- Federal members to be appointed by the Secretary, of which-- ``(A) at least two shall be individuals with a diagnosis of pulmonary hypertension; ``(B) at least one shall be the parent or guardian of an individual with a diagnosis of pulmonary hypertension; ``(C) at least one shall be a representative of a pharmaceutical company that manufactures a drug or device for detecting, preventing, or treating pulmonary hypertension; and ``(D) at least one shall be a representative of a leading research, advocacy, or support organization primarily serving individuals with a diagnosis of pulmonary hypertension. ``(e) Meetings.--The Committee shall meet not fewer than two times each year. All meetings shall be open to the public. ``(f) Termination Date.--The Committee shall terminate on the date that is five years after the date of the enactment of the Pulmonary Hypertension Research and Diagnosis Act of 2015.''. SEC. 3. REPORT TO CONGRESS. (a) Report Required.--Not later than two years after the date of the enactment of this Act, the Secretary of Health and Human Services, in coordination with the Interagency Pulmonary Hypertension Coordinating Committee, shall prepare and 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 progress report on activities related to improving health outcomes for individuals with a diagnosis of pulmonary hypertension. (b) Contents of Report.--The report submitted under subsection (a) shall contain-- (1) information on the incidence of pulmonary hypertension, including such incidence since the date of the enactment of this Act; (2) information on the prevalence of pulmonary hypertension in children and adults; (3) information on the average time between the initial screening and the accurate diagnosis of pulmonary hypertension; (4) information on the average stage of pulmonary hypertension when appropriate intervention begins; (5) information on the effectiveness and outcomes of interventions for individuals with a diagnosis of pulmonary hypertension, including-- (A) mortality rate; and (B) the frequency of drastic treatment options such as lung and heart-lung transplants; (6) information on new developments in research activities; (7) information on innovative treatment options and diagnostic tools; and (8) information on services and supports available to individuals with a diagnosis of pulmonary hypertension. (c) Publication.--The Secretary of Health and Human Services shall make the report submitted under subsection (a) available on the public website of the Department of Health and Human Services.

Pulmonary Hypertension Research and Diagnosis Act of 2015 This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to establish the Interagency Pulmonary Hypertension Coordinating Committee. The committee must monitor research and annually summarize research and medical advances regarding pulmonary hypertension. The committee must develop a comprehensive strategic plan to improve health outcomes for individuals with pulmonary hypertension. The plan must include recommendations regarding pulmonary hypertension diagnosis, research, transplantation criteria, public awareness, and health care delivery. HHS must report on activities related to improving health outcomes for individuals with pulmonary hypertension. The report must include information regarding pulmonary hypertension epidemiology, treatment, support available to individuals, and research.

Pulmonary Hypertension Research and Diagnosis Act of 2015

TITLE I--ITEM VETO TO ACHIEVE BALANCED BUDGET BY FISCAL YEAR 1998 SEC. 101. PRESIDENT'S BUDGET SUBMISSION MUST BE IN BALANCE BY FISCAL YEAR 1998. The budgets submitted by the President under section 1105(a) of title 31, United States Code, for fiscal years 1995, 1996, and 1997 shall be consistent with the achievement of a balanced budget by fiscal year 1998, and the budget so submitted for fiscal year 1998 shall be in balance. SEC. 102. ITEM VETO. Subject to section 103, the President may disapprove any item of appropriation in any Act or joint resolution making or continuing appropriations for fiscal year 1994, 1995, 1996, 1997, or 1998. SEC. 103. LIMITATION. (a) In General.--The amount of budget authority which the President may disapprove under section 102 with respect to any Act or joint resolution may not exceed an amount equal to the amount by which the total budget authority for that fiscal year in that Act or joint resolution exceeds the amount of budget authority for that fiscal year which the Director of the Office of Management and Budget estimates to be the amount of budget authority submitted by the President under section 1105(a) of title 31, United States Code, in accounts covered by that Act or joint resolution. (b) Estimating Rules.--The estimates referred to in subsection (a) shall be made as prescribed in section 251(a)(7) of the Balanced Budget and Emergency Deficit Control Act of 1985. The Director of the Office of Management and Budget shall transmit a report to the President and to each House of Congress containing any such estimate within 5 calendar days after the enactment of any Act or joint resolution referred to in section 102. SEC. 104. PROCEDURE. The President shall return with objections any item of appropriation disapproved to the House in which the Act or joint resolution containing such item originated. The Congress may, in the manner prescribed under section 7 of Article I for Acts disapproved by the President, reconsider any item so disapproved. TITLE II--CHANGING BUDGETING AND APPROPRIATING BY ELIMINATING THE COMMITTEES ON APPROPRIATIONS Subtitle A--Changes in the House of Representatives SEC. 201. ESTABLISHMENT; FUNCTIONS. There is created in the House of Representatives a select committee which is authorized and directed to report to the House of Representatives in January 1994 a resolution amending the Rules of the House of Representatives with respect to the budget and appropriations process, which includes the following changes: (1) Elimination of the Committee on Appropriations. (2) Modification of the membership and jurisdiction of the Committee on the Budget to-- (A) make that committee an exclusive committee; (B) provide that committee with exclusive jurisdiction to report (anytime after September 15 of the calendar year in which the fiscal year commences) joint resolutions making continuing appropriations at current levels; and (C) provide that committee with exclusive jurisdiction to make binding allocations of budget authority, spending authority, entitlement authority, and credit authority by major functional category and revenues to other standing committees, consistent with the requirements of the Balanced Budget and Emergency Deficit Control Act of 1985. (3) Modification of the jurisdiction of each standing committee to provide it with the authority to make appropriations with respect to its subject matter jurisdiction. SEC. 202. MEMBERSHIP. The select committee is to be composed of 10 Members of the House of Representatives to be appointed by the Speaker; 5 from the majority party and 5 from the minority party, one of whom he shall designate as chairman. Any vacancy occurring in the membership of the committee shall be filled in the manner in which the original appointment was made. For purposes of this section, the term ``Members'' shall mean any Representative in, or Delegate or Resident Commissioner to, the House of Representatives. SEC. 203. AUTHORITY AND PROCEDURES. (a) Authority.--To carry out this subtitle, the select committee is authorized to hold hearings and to sit and act, whether the House is in session, has recessed, or has adjourned. (b) Rules of Procedure.--(1) The provisions of clauses 1, 2, and 3 of rule XI of the Rules of the House of Representatives, except the provisions of clause 2(m) relating to the subpoena power, shall apply to the select committee. (2) Nothing contained in subsection (a) shall be construed to limit the applicability of clause 2(i) of rule XI of the Rules of the House of Representatives to the select committee. SEC. 204. ADMINISTRATIVE PROVISIONS. (a) Expenses.--Subject to the adoption of expense resolutions as required by clause 5 of rule XI of the Rules of the House of Representatives, the select committee may incur expenses in connection with its duties under this subtitle. (b) Staff.--To carry out its functions under this subtitle, the select committee is authorized-- (1) to appoint, either on a permanent basis or as experts or consultants, such staff as the select committee considers necessary; (2) to prescribe the duties and responsibilities of such staff; (3) to fix the compensation of such staff at a single per annum gross rate which does not exceed the highest rate of basic pay, as in effect from time to time, of level V of the Executive Schedule in section 5316 of title 5, United States Code; and (4) to terminate the employment of any such staff as the select committee considers appropriate. (c) Expiration.--The select committee and all authority granted in this subtitle shall expire 30 days after reporting to the House. SEC. 205. RECORDS. The records, files, and materials of the select committee shall be transferred to the Clerk of the House. Subtitle B--Changes in the Senate SEC. 211. ESTABLISHMENT; FUNCTIONS. There is created in the Senate a select committee which is authorized and directed to report to the Senate in January 1994 a resolution amending the Standing Rules of the Senate with respect to the budget and appropriations process, which includes the following changes: (1) Elimination of the Committee on Appropriations. (2) Modification of the membership and jurisdiction of the Committee on the Budget to-- (A) make that committee an exclusive committee; (B) provide that committee with exclusive jurisdiction to report (anytime after September 15 of the calendar year in which the fiscal year commences) joint resolutions making continuing appropriations at current levels; and (C) provide that committee with exclusive jurisdiction to make binding allocations of budget authority, spending authority, entitlement authority, and credit authority by major functional category and revenues to other standing committees, consistent with the requirements of the Balanced Budget and Emergency Deficit Control Act of 1985. (3) Modification of the jurisdiction of each standing committee to provide it with the authority to make appropriations with respect to its subject matter jurisdiction. SEC. 212. MEMBERSHIP. The select committee is to be composed of 6 Members of the Senate to be appointed by the President of the Senate; 3 from the majority party and 3 from the minority party, one of whom he shall designate as chairman. Any vacancy occurring in the membership of the committee shall be filled in the manner in which the original appointment was made. SEC. 213. AUTHORITY. To carry out this subtitle, the select committee is authorized to hold hearings and to sit and act, whether the Senate is in session, has recessed, or has adjourned. SEC. 214. ADMINISTRATIVE PROVISIONS. (a) Expenses.--Subject to the adoption of an authorization resolution as required by paragraph 9 of rule XXVI of the Standing Rules of the Senate, the select committee may incur expenses in connection with its duties under this subtitle. (b) Staff.--To carry out its functions under this subtitle, the select committee is authorized-- (1) to appoint, either on a permanent basis or as experts or consultants, such staff as the select committee considers necessary; (2) to prescribe the duties and responsibilities of such staff; (3) to fix the compensation of such staff at a single per annum gross rate which does not exceed the highest rate of basic pay, as in effect from time to time, of level V of the Executive Schedule in section 5316 of title 5, United States Code; and (4) to terminate the employment of any such staff as the select committee considers appropriate. (c) Expiration.--The select committee and all authority granted in this subtitle shall expire 30 days after reporting to the Senate. SEC. 215. RECORDS. The records, files, and materials of the select committee shall be transferred to the Secretary of the Senate.

TABLE OF CONTENTS: Title I: Item Veto to Achieve Balanced Budget by Fiscal Year 1998 Title II: Changing Budgeting and Appropriating by Eliminating the Committees on Appropriations Title I: Item Veto to Achieve Balanced Budget by Fiscal Year 1998 - Requires the President to submit budgets for FY 1995 through 1997 to achieve a balanced budget by FY 1998. Requires the FY 1998 budget to be balanced. Grants the President an item veto authority for appropriations for FY 1994 through 1998. Title II: Changing Budgeting and Appropriating by Eliminating the Committees on Appropriations - Establishes a select committee in the House of Representatives and a select committee in the Senate to report to their respective Houses in January 1994 resolutions amending their respective Rules to: (1) eliminate the Committees on Appropriations; (2) modify the membership and jurisdiction of the Committees on the Budget; and (3) modify the jurisdiction of each standing committee to authorize it to make appropriations with respect to its subject matter jurisdiction.

To allow an item veto in appropriation Acts for fiscal years 1994, 1995, 1996, 1997, and 1998 by the President to reduce spending to levels necessary to achieve a balanced budget by fiscal year 1998, and to establish select committees on congressional budget and appropriation process reform in the House of Representatives and in the Senate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Skills Standards Certification Evaluation Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Various entities across the United States have generated skills certification programs based on local and regional needs. At the same time, some national groups have engaged in similar efforts. (2) As State and local workforce investment boards, workers, and employers search for a meaningful way to categorize skills, information about existing skills certification programs and certifications can be limited, and may lead to the development of new, duplicative certifications. (3) As these skill certification programs may take less time than technical or vocational degrees, the programs provide important recognition for both employers and employees. (4) Nationally available, recognized standards for skills certification allow employers and employees the greatest possible flexibility by making the certification portable and meaningful. (5) These standards benefit both incumbent, highly skilled workers and those workers with less specialized skills or just starting in the workforce. (6) Widely recognized standards for skills certification provide States, regions, communities, and cities the option and ability to quantify and categorize their workforce in a meaningful way. (7) There is a well-documented ``skills gap'' in many industries, including manufacturing, that makes it difficult for employers to find workers. (8) In 2005, 90 percent of manufacturing employers say a shortage of qualified production workers is their top workforce issue. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to periodically evaluate skills certification programs that certify various employee skills and to determine which skills certifications are most desired by employers and employees; and (2) to make information, and materials if possible, about skills certification programs available to eligible entities providing job training. SEC. 4. DEFINITIONS. In this Act: (1) Local board.--The term ``local board'' means a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832). (2) Skills certification program.--The term ``skills certification program'' means an industry-led or industry- created program that-- (A) receives Federal funding; (B) is in existence as of the time that the evaluation under section 5 is conducted; (C) delineates a skill set necessary for a career in a certain industry; (D) does not culminate in an associate or baccalaureate degree; and (E) is not portable or widely or nationally recognized. (3) State board.--The term ``State board'' means a State workforce investment board established under section 111 of the Workforce Investment Act of 1998 (29 U.S.C. 2821). SEC. 5. EVALUATION. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor and the Secretary of Commerce, in consultation with each other, shall-- (1) conduct an evaluation of skills certification programs; (2)(A) determine best practices models for skills certification programs; or (B) rank the skills certification programs available in an industry, based on the evaluation criteria described in subsection (b); and (3) make recommendations on-- (A) the merits of a unified national approach to programs of skills certification, as compared to multiple regional and local skills certification programs; and (B) ways to streamline, if possible, duplicative and similar skills certification programs into a single, widely recognized certification. (b) Criteria for Evaluations.--The evaluation of the skills certification programs conducted under subsection (a)(1) shall include the following criteria: (1) Overall usefulness of the skills certification program for workers and employers. (2) The demand from industry for workers with the skills provided and certified through the skills certification program. (3) Industry involvement in the development of the skill standards included in the skills certification program. (4) Industry recognition of the certification awarded under the skills certification program. (5) The success of the skills certification program, based on criteria including-- (A) how many individuals have successfully completed the skills certification program; (B) how many of such individuals are employed in a field utilizing the skills provided and certified through the skills certification program; and (C) the length of time that such individuals have been so employed. (6) The level of recognition of the skills certification program as of the time of the evaluation, including an assessment of -- (A) how widespread the skills certification program is used; (B) the number of entities, including State boards, local boards, and institutions of higher education, that have used the skills certification program; (C) the number of States in which the certification is recognized; and (D) whether the skills provided and certified through the skills certification program are reasonably useful. (7) Cooperative creation in the development of the skills certification program, such as whether the standards of the skills certification program were created in consultation with relevant partners, including business, labor, and community organizations, and whether such partners still support and use the standards. (8) The ease of sharing the skills certification program, including how portable the materials are, how versatile the materials are, and whether the certification programs requires the educator to have access to specific or extensive materials or equipment not usually found in a classroom. (c) Outreach.--Not later than 60 days after the evaluation described in subsection (a) has been completed, the Secretary of Commerce and the Secretary of Labor, in consultation with each other, shall-- (1) post the results of the evaluation, the ranking of skills certification programs or the best practices of such programs, and the recommendations, as described in subsection (a), on the Internet; and (2) make the information described in paragraph (1) available in print form to Congress and to interested parties, including-- (A) technical colleges; (B) community colleges; (C) State boards and local boards; (D) community organizations; and (E) other groups providing worker training, in partnership and cooperation with industry. (d) Updates.--The Secretary of Commerce and the Secretary of Labor, in consultation with each other, shall continue to update the evaluations, the rankings of skills certification programs or best practices of such programs, and the recommendations, as described in subsection (a), as appropriate, but not less often than once every 2 years. (e) Funding.--Of the amounts appropriated to, and available at the discretion of, the Secretary of Commerce and the Secretary of Labor for programmatic and administrative expenditures, such sums as may be necessary shall be used to establish and carry out the requirements of this Act.

Skills Standards Certification Evaluation Act of 2008 - Directs the Secretary of Labor and the Secretary of Commerce to: (1) evaluate skills certification programs for employees; (2) rank such programs or determine best practices models for them; and (3) make recommendations on the merits of a unified national approach to such programs, and ways to streamline duplicative and similar programs into a single, widely recognized certification. Requires the Secretaries to post evaluation results on the Internet and make them available to Congress and to interested parties.

A bill to evaluate certain certification programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caribbean Oil Spill Intervention, Prevention, and Preparedness Act''. TITLE I--INTERVENTION AUTHORITY SEC. 101. DEFINITION OF VESSEL. For the purposes of this title, the term ``vessel'' means every description of watercraft or other artificial contrivance used or capable of being used, whether such capability is practical or not, as a means of transportation on water, and includes structures, fixed or floating, which dynamically hold position or are attached to the seabed or subsoil and are capable of exploring for, drilling for, developing, or producing crude oil or natural gas. SEC. 102. GRAVE AND IMMINENT DANGER TO WATERS, COASTLINE, OR RELATED INTERESTS OF THE UNITED STATES. (a) In General.--Whenever an incident, activity, or occurrence involving a vessel in waters beyond the territorial jurisdiction of the United States creates a grave and imminent threat, as determined by the Secretary of the department in which the Coast Guard is operating, of damage to the waters, coastline, or related interests of the United States from pollution of the sea by crude oil, the Secretary of the department in which the Coast Guard is operating may, without liability for any damage to the owner, operator, crew, or underwriter of the vessel, or any other interested party, act in such waters to prevent or respond to that threat. (b) Criteria.--In determining whether there is a grave and imminent threat of damage to the waters, coastline, or related interests of the United States under subsection (a), the Secretary of the department in which the Coast Guard is operating shall consider the interests of the United States directly threatened or affected, including impacts on-- (1) the health of coastal communities; (2) finfish, shellfish, marine mammals, and other living marine resources; (3) coastal zone and estuarine activities; (4) public and private shorelines and beaches; and (5) boating, tourism, fishing, and other aspects of coastal economies. SEC. 103. INTERVENTION ACTIONS. Upon a determination under section 102 of this Act of a grave and imminent threat of damage to the waters, coastline, or related interests of the United States, the Secretary of the department in which the Coast Guard is operating is authorized-- (1) to coordinate and direct all public and private actions to prevent or respond to the the pollution or threat of pollution of the sea by crude oil; (2) to directly or indirectly undertake the whole or any part of any action required or directed under paragraph (1) of this section. SEC. 104. CONSULTATION PROCEDURE. Except as provided in section 105, before taking any action under section 103 of this Act, the Secretary of the department in which the Coast Guard is operating shall-- (1) consult, through the Secretary of State, with the flag country of any vessel involved and other affected countries; (2) notify without delay other departments and agencies of the Federal Government likely to be affected by any proposed actions; and (3) consider any views submitted in response to the consultation or notification required by paragraphs (1) and (2) of this section. SEC. 105. EMERGENCY AUTHORITY. In a case of extreme urgency requiring immediate action, the Secretary of the department in which the Coast Guard is operating may act as necessary based on the urgency of the situation without the prior consultation or notification required by section 104 of this Act or without continuing any consultations previously initiated under that section. SEC. 106. REASONABLE ACTIONS; CONSIDERATIONS. (a) Reasonable Actions.--Any action coordinated, directed, or conducted under this Act shall be proportionate to the threat of damage to the waters, coastline, or related interests of the United States and may not go beyond what is reasonably necessary to prevent or respond to that threat. (b) Considerations.--In considering whether an action is proportionate to the threat of damage the Secretary of the department in which the Coast Guard is operating shall consider, among other things-- (1) the extent and probability of imminent damage if that action is not taken; (2) the likelihood of effectiveness of that action; and (3) the extent of any damage that may be caused by that action. SEC. 107. PERSONAL, FLAG STATE, AND FOREIGN STATE CONSIDERATIONS. In the coordination, direction, and conduct of an action under this Act the Secretary of the department in which the Coast Guard is operating shall-- (1) avoid risk to human life to the extent possible; (2) render all possible aid to distressed persons, including facilitating repatriation of vessel crew; and (3) not unnecessarily interfere with rights and interests of others, including the flag state of any vessel involved, any foreign state in whose waters an action must be taken, other foreign states threatened by damage, and persons otherwise concerned. SEC. 108. OIL SPILL LIABILITY TRUST FUND. The Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986 shall be available to the Secretary of the department in which the Coast Guard is operating for actions taken under sections 102, 103, and 105 of this Act. TITLE II--FOREIGN OIL SPILL PREVENTION AND PREPAREDNESS SEC. 201. CUBAN OIL POLLUTION PREVENTION AND RESPONSE. (a) Straits of Florida Ocean Current Model.--As soon as practicable after the date of enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration shall develop and apply hydrodynamic modeling of the ocean currents and meteorological modeling of the Straits of Florida. (b) Protection of National Marine Sanctuaries in the Gulf of Mexico and Straits of Florida.--Section 305(b) of the National Marine Sanctuaries Act (16 U.S.C. 1435(b)) is amended by striking ``established.'' and inserting ``established, including with Mexico, Cuba, and the Bahamas, to negotiate oil pollution prevention and response and protection of the marine resources of the Gulf of Mexico and Straits of Florida.'' SEC. 202. REQUIREMENTS FOR CERTAIN DUAL LESSEES. Section 8(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)) is amended by adding at the end the following: ``(9) If a bidder for an oil or gas lease under this subsection is conducting oil or gas operations in the territorial sea, on the continental shelf, or within the exclusive economic zone of Cuba, the Secretary shall not grant an oil or gas lease to the bidder unless the bidder submits to the Secretary-- ``(A) an oil spill response plan for the oil and gas operations in the territorial sea, on the continental shelf, or within the exclusive economic zone of Cuba, that includes 1 or more worst-case- scenario oil discharge plans; and ``(B) evidence that the bidder has sufficient financial resources and other resources necessary for removal, response costs, and damages, as determined by the Secretary, to respond to a worst-case-scenario oil discharge in the territorial sea, on the continental shelf, or within the exclusive economic zone of Cuba that occurs in, or that poses a substantial threat to enter, the marine environment of the United States.''. SEC. 203. CORAL REEF CONSERVATION IN STRAITS OF FLORIDA. Title II of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended-- (1) by redesignating sections 204, 205, 206, 207, 208, 209, and 210 (16 U.S.C. 6403, 6404, 6405, 6406, 6407, 6408, 6409) as sections 205, 206, 207, 208, 209, 210, and 211, respectively; and (2) by inserting after section 203 (16 U.S.C. 6402) the following: ``SEC. 204. INTERNATIONAL CORAL REEF CONSERVATION. ``(a) International Coral Reef Conservation Activities.-- ``(1) In general.--The Secretary shall carry out international coral reef conservation activities with respect to coral reef ecosystems in waters beyond the territorial jurisdiction of the United States in the Straits of Florida. The Secretary shall develop and implement a coral reef ecosystem strategy for the Straits of Florida pursuant to subsection (b). ``(2) Coordination.--In carrying out this subsection, the Secretary shall consult with the Secretary of State, the Administrator of the Agency for International Development, the Secretary of the Interior, other relevant United States stakeholders, and the Coral Reef Task Force. ``(b) Straits of Florida Coral Reef Ecosystem Strategy.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Caribbean Oil Spill Intervention, Prevention, and Preparedness Act, the Secretary shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives, and publish in the Federal Register, a strategy to protect coral reef ecosystems of the Straits of Florida. The Secretary shall periodically review and revise the strategy as necessary. ``(2) Contents.--The strategy developed by the Secretary under paragraph (1) shall-- ``(A) identify coral reef ecosystems throughout the Straits of Florida that are of high value for United States marine resources such as fisheries, or that support other interests of the United States; ``(B) summarize existing activities by Federal agencies and stakeholders described in subsection (a)(2) to address the conservation of coral reef ecosystems identified under subparagraph (A); ``(C) establish goals, objectives, and specific targets for conservation of coral reef ecosystems in the Straits of Florida; and ``(D) describe appropriate activities to achieve the goals and targets for international coral reef conservation.''. SEC. 204. GULF OIL SPILL RESPONSE PLAN. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall carry out an oil spill risk analysis and planning process for the development and implementation of oil spill response plans for oil spills in the Straits of Florida and the Gulf of Mexico originating in waters beyond the territorial jurisdiction of the United States. (b) Requirements.--In developing plans under subsection (a), the Secretary of the department in which the Coast Guard is operating shall-- (1) consult with the heads of other Federal agencies with relevant scientific and operational expertise to verify that holders of oil and gas leases can conduct any response and containment operations provided for in the plans; (2) ensure that all critical information and spill scenarios are included in the plans, including oil spill containment and control methods to ensure that holders of oil and gas leased can conduct the operations provided for in the plans; (3) ensure that the plans include shared international standards for natural resource extraction activities; (4) in consultation with the Secretary of State, to the maximum extent practicable, include recommendations for Congress on a joint contingency plan with the countries of Mexico, Cuba, and the Bahamas to ensure an adequate response to oil spills located in the eastern Gulf of Mexico; and (5) to the maximum extent practicable, ensure that the joint contingency plan described in paragraph (4) contains a description of the organization and logistics of a response team for each country described in that paragraph (including each applicable Federal and State agency). (c) Verification Process.--The Secretary of the department in which the Coast Guard is operating may conduct a verification process to ensure that any companies operating in the United States that are conducting drilling operations off the coast of Cuba are subject to standards that are as stringent as the standards under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

Caribbean Oil Spill Intervention, Prevention, and Preparedness Act This bill authorizes the Secretary of the department in which the Coast Guard is operating to act, without liability for damage to any interested party, to prevent or respond to a grave and imminent threat of damage to U.S. waters, coastline, or related interests from pollution of the sea by crude oil whenever an incident, activity, or occurrence involving a vessel in waters beyond the U.S. territorial jurisdiction creates such a threat. The Secretary must: (1) consult, through the Department of State, unless extreme urgency requires immediate action, with the flag country of any vessel involved and other affected countries; and (2) take other specified actions proportionate to the threat. The National Oceanic and Atmospheric Administration shall develop and apply hydrodynamic modeling of the ocean currents and meteorological modeling of the Straits of Florida. The National Marine Sanctuaries Act is amended to direct the State Department to negotiate with Mexico, Cuba, and the Bahamas for oil pollution prevention and response and protection of the marine resources of the Gulf of Mexico and Straits of Florida. The Outer Continental Shelf Lands Act is amended to prohibit the Department of the Interior from granting an oil or gas lease to a bidder conducting operations in the territorial sea, on the continental shelf, or within the exclusive economic zone of Cuba without submitting an oil spill response plan that includes one or more worst-case-scenario oil discharge plans as well as evidence that the bidder has sufficient financial and other resources necessary for response to a worst-case-scenario discharge. The Coral Reef Conservation Act of 2000 is amended to direct the Department of Commerce to carry out international conservation activities for coral reef ecosystems in waters beyond theU.S. territorial jurisdiction in the Straits of Florida. The Secretary: shall carry out an oil spill risk analysis and planning process for the development and implementation of response plans for oil spills in the Straits of Florida and the Gulf of Mexico originating in waters beyond the U.S. territorial jurisdiction, and may conduct a verification process to ensure that any companies operating in the United States that conduct drilling operations off the coast of Cuba are subject to standards as stringent as those under the Outer Continental Shelf Lands Act.

Caribbean Oil Spill Intervention, Prevention, and Preparedness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Pricing Deregulation Act''. SEC. 2. REFORM OF FEDERAL MILK MARKETING ORDERS. (a) Terms and Conditions of Milk and Milk Products Orders.--Section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended-- (1) in subsection (5)-- (A) by striking paragraphs (C), (D), (H), (I), (J), and (K); (B) by amending paragraph (A) to read as follows: ``(A) Fixing a differential which all handlers of milk used for fluid purposes shall pay with respect to such milk, and the time when payments shall be made, for milk purchased from producers or associations of producers. Such differential shall be uniform as to all such handlers, subject only to adjustment for the locations at which delivery of such milk is made to such handlers.''; (C) by amending paragraph (B) to read as follows: ``(B) Providing for the payment to all producers and associations of producers delivering milk to any fluid milk handler regulated by the order, or to any non-fluid milk handler which supplies milk to such fluid milk handler in conformity with such requirements as the Secretary may establish, a proportionate share, based on volume of delivered milk, of all differentials required to be paid under paragraph (A) of this subsection (5), subject only to adjustment for the locations at which delivery of such milk is made.''; (D) by amending paragraph (F) to read as follows: ``(F) Nothing contained in this subsection is intended or shall be construed to prevent a cooperative marketing association qualified under the provisions of the Act of Congress of February 18, 1922, known as the `Capper-Volstead Act' (7 U.S.C. 291 et seq.), engaged in making collective sales or marketing of milk or its products for the producers thereof, from blending the net proceeds of all of its sales of milk or its products in all markets, and making distribution thereof to its producers in accordance with the contract between the association and its producers.''; (E) by amending paragraph (L) to read as follows: ``(L) Providing that adjustments in payments by handlers under paragraph (A) need not be the same as adjustments to producers under paragraph (B).''; (F) by amending paragraph (M) to read as follows: ``(M)(i) Application of requirements.-- Notwithstanding any other provision of this section, a milk handler described in clause (ii) shall be subject to all of the fluid milk differential requirements of a Federal milk marketing order issued pursuant to this section applicable to the county in which the plant of the handler is located, if the handler has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a marketing area located in a State that requires handlers to pay minimum prices for raw milk purchases. ``(ii) Covered milk handlers.--Except as provided in clause (iv), clause (i) applies to a handler of Class I milk products (including a producer-handler or producer operating as a handler) that-- ``(I) operates a plant that is located within the boundaries of a Federal order milk marketing area (as those boundaries are in effect as of April 11, 2006); ``(II) has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a milk marketing area located in a State that requires handlers to pay fluid milk differentials for raw milk purchases; and ``(III) is not otherwise obligated by a Federal milk marketing order, or a regulated milk pricing plan operated by a State, to pay minimum class prices or fluid milk differentials for the raw milk that is used for such dispositions or sales. ``(iii) Obligation to pay fluid milk differentials.--For purposes of clause (ii)(III), the Secretary may not consider a handler of Class I milk products to be obligated by a Federal milk marketing order to pay fluid milk differentials for raw milk unless the handler operates the plant as a fully regulated fluid milk distributing plant under a Federal milk marketing order. ``(iv) Certain handlers exempted.--Clause (i) does not apply to-- ``(I) a handler (otherwise described in clause (ii)) that operates a nonpool plant (as defined in section 1000.8(e) of title 7, Code of Federal Regulations, as in effect on the date of the enactment of this subparagraph); ``(II) a producer-handler (otherwise described in clause (ii)) for any month during which the producer- handler has route dispositions, and sales to other plants, of packaged fluid milk products equaling less than 3,000,000 pounds of milk; or ``(III) a handler (otherwise described in clause (ii)) for any month during which-- ``(aa) less than 25 percent of the total quantity of fluid milk products physically received at the plant of the handler (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition or is transferred in the form of packaged fluid milk products to other plants; or ``(bb) less than 25 percent in aggregate of the route disposition or transfers are in a marketing area or areas located in one or more States that require handlers to pay minimum prices for raw milk purchases.''; and (G) by amending paragraph (N) to read as follows: ``(N) Exemption for certain milk handlers.-- Notwithstanding any other provision of this section, no handler with distribution of Class I milk products in the marketing area described in Order No. 131 shall be exempt during any month from any fluid milk differential requirement established by the Secretary under this subsection if the total distribution of Class I products during the preceding month of any such handler's own farm production exceeds 3,000,000 pounds.''; and (2) by amending subsection (18) to read as follows: ``(18) Fluid milk differentials.--The Secretary of Agriculture, in prescribing any term in any marketing agreement or order, or amendment thereto, relating to milk or its products, if such term is to fix the differential to be paid to producers or associations of producers, shall fix such differential as follows. Such differentials shall during the first year after the effective date of the Dairy Pricing Deregulation Act be equal to the differentials for milk used for fluid purposes as they existed under federal milk marketing orders on January 1, 2011, subject to all location adjustments as they existed under federal milk marketing orders on such date. Such differentials shall in each successive year be reduced by an amount equal to 20 percent of the differentials that existed during the first year after the effective date of such Act, and shall be discontinued in the fifth year after the effective date of such Act.''. (b) Conforming Amendment.--Section 10(b)(2)(i) of the Agricultural Adjustment Act (7 U.S.C. 610(b)(2)(i)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by striking ``each handler subject thereto'' and inserting ``each fluid milk handler subject thereto and each non-fluid milk handler which supplies milk to such fluid milk handler''. (c) Notice and Comment.--The Secretary of Agriculture shall use the notice and comment procedures provided in section 553 of title 5, United States Code, to implement the requirements of the amendments made by subsection (a) of this section. (d) Surveys.-- (1) In general.--The Secretary of Agriculture shall survey and publish on a regular basis data regarding the payments made by all handlers of milk used for any purpose for milk purchased from producers or associations of producers. (2) Bases for publication.--The Secretary shall publish such data on a national weighted-average basis and on a regional basis with respect to as many multi-state regions as the Secretary determines to be of practical use. (3) Mandatory participation.--Participation in such surveys by handlers shall be mandatory. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall be effective on the first day of the first month beginning one year after the date of the enactment of this Act.

Dairy Pricing Deregulation Act - Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to revise the terms of federal milk marketing orders. Directs the Secretary of Agriculture (USDA) to: (1) survey and publish data regarding milk handler payments for milk purchased from producers or associations of producers, and (2) publish such data on a national weighted-average basis and on a regional basis with respect to as many multi-state regions as the Secretary determines appropriate.

To amend the Agricultural Adjustment Act to deregulate the Federal milk marketing order program, to publish competitive milk price survey data, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Rita Relief Act of 2006''. SEC. 2. EXPANSION OF CERTAIN TAX BENEFITS FOR INDIVIDUALS AFFECTED BY HURRICANE KATRINA TO INDIVIDUALS AFFECTED BY HURRICANE RITA. (a) Work Opportunity Tax Credit for Hurricane Rita Employees.-- (1) In general.--For purposes of section 51 of the Internal Revenue Code of 1986, a Hurricane Rita employee shall be treated as a member of a targeted group. (2) Hurricane rita employee.--For purposes of this subsection, the term ``Hurricane Rita employee'' means any individual who is certified as an individual who on September 23, 2005, had a principal place of abode in that portion of the Rita GO Zone which is not part of the Gulf Opportunity Zone and who is hired during the 2-year period beginning on such date for a position the principal place of employment of which is located in the Rita GO Zone or the Gulf Opportunity Zone. (3) Reasonable identification acceptable.--In lieu of the certification requirement under subparagraph (A) of section 51(d)(12) of such Code, an individual may provide to the employer reasonable evidence that the individual is a Hurricane Rita employee, and subparagraph (B) of such section shall be applied as if such evidence were a certification described in such subparagraph. (4) Special rules for determining credit.--For purposes of applying subpart F of part IV of subchapter A of chapter 1 of such Code to wages paid or incurred to any Hurricane Rita employee-- (A) section 51(c)(4) of such Code shall not apply, and (B) section 51(i)(2) of such Code shall not apply with respect to the first hire of such employee as a Hurricane Rita employee, unless such employee was an employee of the employer on September 23, 2005. (b) Additional Exemption for Housing Hurricane Rita Displaced Individuals.-- (1) In general.--In the case of taxable years of a natural person beginning in 2005 and 2006, for purposes of the Internal Revenue Code of 1986, taxable income shall be reduced by $500 for each Hurricane Rita displaced individual of the taxpayer for the taxable year. (2) Limitations.-- (A) Dollar limitation.--The reduction under paragraph (1) shall not exceed $2,000, reduced by the amount of the reduction under this subsection and section 302(a) of the Katrina Emergency Tax Relief Act of 2005 for all previous taxable years. (B) Individuals taken into account only once.--An individual shall not be taken into account under paragraph (1) if such individual was taken into account under such paragraph or under section 302(a) of the Katrina Emergency Tax Relief Act of 2005 by the taxpayer in any prior taxable year. (C) Identifying information required.--An individual shall not be taken into account under paragraph (1) for a taxable year unless the taxpayer identification number of such individual is included on the return of the taxpayer for such taxable year. (3) Hurricane rita displaced individual.--For purposes of this subsection, the term ``Hurricane Rita displaced individual'' means, with respect to any taxpayer for any taxable year, a natural person if-- (A) such person is not a Hurricane Katrina displaced individual (within the meaning of section 302(c) of the Katrina Emergency Tax Relief Act of 2005), (B) such person's principal place of abode on September 23, 2005, was in the Hurricane Rita disaster area, (C)(i) in the case of such an abode located in the Rita GO Zone, such person is displaced from such abode, or (ii) in the case of such an abode located outside the Rita GO Zone, such person is displaced from such abode, and (I) such abode was damaged by Hurricane Rita, or (II) such person was evacuated from such abode by reason of Hurricane Rita, and (D) such person is provided housing free of charge by the taxpayer in the principal residence of the taxpayer for a period of 60 consecutive days which ends in such taxable year. Such term shall not include the spouse or any dependent of the taxpayer. (4) Compensation for housing.--No deduction shall be allowed under this subsection if the taxpayer receives any rent or other amount (from any source) in connection with the providing of such housing. (c) Mileage Reimbursement to Charitable Volunteers Excluded From Gross Income.-- (1) In general.--For purposes of the Internal Revenue Code of 1986, gross income of an individual for taxable years ending on or after September 23, 2005, does not include amounts received, from an organization described in section 170(c) of such Code, as reimbursement of operating expenses with respect to use of a passenger automobile for the benefit of such organization in connection with providing relief relating to Hurricane Rita during the period beginning on September 23, 2005, and ending on December 31, 2006. The preceding sentence shall apply only to the extent that the expenses which are reimbursed would be deductible under chapter 1 of such Code if section 274(d) of such Code were applied-- (A) by using the standard business mileage rate in effect under section 162(a) of such Code at the time of such use, and (B) as if the individual were an employee of an organization not described in section 170(c) of such Code. (2) Application to volunteer services only.--Paragraph (1) shall not apply with respect to any expenses relating to the performance of services for compensation. (3) No double benefit.--No deduction or credit shall be allowed under any other provision of such Code with respect to the expenses excludable from gross income under paragraph (1). (d) Exclusions of Certain Cancellations of Indebtedness for Victims of Hurricane Rita.-- (1) In general.--For purposes of the Internal Revenue Code of 1986, gross income shall not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of indebtedness of a natural person described in paragraph (2) by an applicable entity (as defined in section 6050P(c)(1) of such Code). (2) Person described.--A natural person is described in this paragraph if the principal place of abode of such person on September 23, 2005, was located-- (A) in the Rita GO Zone, or (B) in the Hurricane Rita disaster area (but outside the Rita GO Zone) and such person suffered economic loss by reason of Hurricane Rita. (3) Exceptions.-- (A) Business indebtedness.--Paragraph (1) shall not apply to any indebtedness incurred in connection with a trade or business. (B) Real property outside rita go zone.--Paragraph (1) shall not apply to any discharge of indebtedness to the extent that real property constituting security for such indebtedness is located outside the Hurricane Rita disaster area. (4) Denial of double benefit.--For purposes of the Internal Revenue Code of 1986, the amount excluded from gross income under paragraph (1) shall treated in the same manner as an amount excluded under section 108(a) of such Code. (5) Effective date.--This subsection shall apply to discharges made on or after September 23, 2005, and before January 1, 2007. (e) Definitions.--For purposes of this section, the terms ``Rita GO Zone'', ``Hurricane Rita disaster area'', and ``Gulf Opportunity Zone'' have the meanings given such terms under section 1400M of the Internal Revenue Code of 1986. SEC. 3. EXPANSION OF EDUCATION TAX BENEFITS AND HOUSING TAX BENEFITS TO PERSONS AFFECTED BY HURRICANE RITA. (a) Education Tax Benefits.--Section 1400O of the Internal Revenue Code of 1986 is amended by inserting ``or the Rita GO Zone'' after ``Gulf Opportunity Zone''. (b) Housing Tax Benefits.-- (1) Qualified employee.--Subsection (c) of section 1400P of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Qualified Employee.--For purposes of this section, the term `qualified employee' means, with respect to any month-- ``(1) any individual-- ``(A) who had a principal residence (as defined in section 121) in the Gulf Opportunity Zone on August 28, 2005, and ``(B) who performs substantially all employment services-- ``(i) in the Gulf Opportunity Zone, and ``(ii) for the qualified employer which furnishes lodging to such individual, and ``(2) any individual-- ``(A) who had a principal residence (as defined in section 121) in the Rita GO Zone on September 23, 2005, and ``(B) who performs substantially all employment services-- ``(i) in the Rita GO Zone, and ``(ii) for the qualified employer which furnishes lodging to such individual.''. (2) Qualified employer.--Subsection (d) of section 1400P of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Qualified Employer.--The term `qualified employer' means-- ``(1) with respect to a qualified employee described in subsection (c)(1), any employer with a trade or business located in the Gulf Opportunity Zone, and ``(2) with respect to a qualified employee described in subsection (c)(2), any employer with a trade or business located in the Rita GO Zone.''. (3) Conforming amendments.-- (A) The heading for subsection (a) of section 1400P of the Internal Revenue Code of 1986 is amended by striking ``Individual Affected by Hurricane Katrina'' and inserting ``Individuals Affected by Hurricanes Katrina and Rita''. (B) Section 1400P(b) of such Code is amended-- (i) by inserting ``of a qualified employee'' after ``in the case of a qualified employer'', (ii) by striking ``the Hurricane Katrina housing credit'' and inserting ``the Hurricane Katrina and Rita housing credit'', (iii) by striking ``of a qualified employee of such employer'' and inserting ``of all qualified employees of such employer'', and (iv) by striking ``Hurricane Katrina'' in the heading and inserting ``Hurricanes Katrina and Rita''. (C) Section 38(b)(27) of such Code is amended by striking ``Hurricane Katrina housing credit'' and inserting ``Hurricane Katrina and Rita housing credit''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the Gulf Opportunity Zone Act of 2005. SEC. 4. EXPANSION OF CERTAIN GULF OPPORTUNITY ZONE BENEFITS TO THE RITA GO ZONE. (a) In General.--Section 1400N is amended by adding at the end the following new subsection: ``(q) Application of Section to Rita GO Zone.-- ``(1) In general.--For purposes of subsections (d), (e), (f), (g), (h), and (k)-- ``(A) the term `Gulf Opportunity Zone' shall include the Rita GO Zone, ``(B) any reference to August 28, 2005, shall be treated as a reference to September 23, 2005, with respect to that portion of the Rita GO Zone which is not a part of the Gulf Opportunity Zone, ``(C) any reference to August 27, 2005, shall be treated as a reference to September 22, 2005, with respect to that portion of the Rita GO Zone which is not a part of the Gulf Opportunity Zone, and ``(D) any reference to Hurricane Katrina shall be treated as a reference to Hurricane Rita with respect to any portion of the Gulf Opportunity Zone (after the application of subparagraph (A)) which is also a part of the Rita GO Zone. ``(2) Special rule.--For purposes of subsection (k)(2), in the case of any individual whose principal place of abode was located in that portion of the Rita GO Zone which is not a part of the Gulf Opportunity Zone (as defined in section 1400M(1) without regard to paragraph (1)(A)), no deduction for moving expenses under subparagraph (B)(ii) thereof shall be taken into account unless the principal place of employment of such individual is located in the Rita GO Zone.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the Gulf Opportunity Zone Act of 2005.

Hurricane Rita Relief Act of 2006 - Amends the Internal Revenue Code to: (1) include Hurricane Rita employees (employees residing and working in the Rita GO Zone on September 23, 2005) as members of a targeted group for purposes of the work opportunity tax credit; (2) allow an additional tax exemption of $500 for providing housing to an individual displaced by Hurricane Rita; (3) exclude from the gross income of volunteer workers automobile mileage reimbursements related to Hurricane Rita relief work; (4) exclude from the gross income of individuals residing in a Hurricane Rita GO Zone certain cancellations of personal indebtedness; and (5) qualify residents in areas affected by Hurricane Rita for housing and education tax credits and other tax benefits currently available to hurricane victims in the Gulf Opportunity Zone.

A bill to amend the Internal Revenue Code of 1986 to expand certain tax benefits related to Hurricane Katrina and to Hurricane Rita.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Let Wall Street Pay for Wall Street's Bailout Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The Bush Administration allocated the first $350 billion of TARP funds in a manner that has outraged the Nation by failing to provide the most basic oversight of the funds. (2) Congress has declined to block the remaining $350 billion of TARP funds despite the lack of oversight and the record fiscal year 2009 budget deficit estimated at $1.2 trillion. (3) The Board of Governors of the Federal Reserve System has committed more than a trillion dollars to stabilize the economy by bailing out various banks deemed ``too big to fail''. (4) The $700 billion TARP fund and the new Federal Reserve lending facilities were created to protect Wall Street investors; therefore, the same Wall Street investors should pay for this infusion of taxpayer money. (5) The easiest method to raise the money from Wall Street is a securities transfer tax, a tax that has a negligible impact on the average investor. (6) This transfer tax would be on the sale and purchase of financial instruments such as stock, options, and futures. A quarter percent (0.25 percent) tax on financial transactions could raise approximately $150 billion a year. (7) The United States had a transfer tax from 1914 to 1966. The Revenue Act of 1914 (Act of Oct. 22, 1914 (ch. 331, 38 Stat. 745)) levied a 0.2 percent tax on all sales or transfers of stock. In 1932, Congress more than doubled the tax to help overcome the budgetary challenges during the Great Depression. (8) All revenue generated by this transfer tax should be deposited in the general fund of the Treasury of the United States, scaled to meet the net cost of these bailouts, and phase out when the cost of the bailouts are repaid. SEC. 3. RECOUPMENT OF DEFICIT ARISING FROM FEDERAL BAILOUT. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Securities Transactions ``Sec. 4475. Tax on securities transactions. ``SEC. 4475. TAX ON SECURITIES TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed a tax on each covered securities transaction an amount equal to the applicable percentage of the value of the security involved in such transaction. ``(b) By Whom Paid.--The tax imposed by this section shall be paid by the trading facility on which the transaction occurs. ``(c) Applicable Percentage.--For purposes of this section-- ``(1) In general.--The term `applicable percentage' means the lesser of-- ``(A) the specified percentage, or ``(B) 0.25 percent. ``(2) Specified percentage.-- ``(A) In general.--The term `specified percentage' means, with respect to any taxable year beginning in a calendar year, the percentage that the Secretary estimates would result in the aggregate revenue to the Treasury under this section for such taxable year and all prior taxable years to equal the Secretary's estimate of the net cost (if any) to the Federal Government of-- ``(i) carrying out the Troubled Asset Relief Program established under title 1 of the Emergency Economic Stabilization Act of 2008, and ``(ii) the exercise of authority by the Board of Governors of the Federal Reserve System under the third undesignated paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 343). ``(B) Determination of percentage.--Such percentage shall be determined by the Secretary not later than 30 days after the date of the enactment of this section, and redetermined for taxable years beginning in each calendar year thereafter. Such percentage shall take into account the Secretary's most recent estimation of such net cost. Any specified percentage determined under this paragraph which is not a multiple of 1/100th of a percentage point shall be rounded to the nearest 1/100th of a percentage point. ``(d) Covered Securities Transaction.--The term `covered securities transaction' means-- ``(1) any transaction to which subsection (b), (c), or (d) of section 31 of the Securities Exchange Act of 1934 applies, and ``(2) any transaction subject to the exclusive jurisdiction of the Commodity Futures Trading Commission. ``(e) Administration.--The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission.''. (b) Clerical Amendment.--The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``subchapter c. tax on securities transactions''. (c) Effective Date.--The amendments made by this section shall apply to sales occurring more than 30 days after the date of the enactment of this Act.

Let Wall Street Pay for Wall Street's Bailout Act of 2009 - Amends the Internal Revenue Code to require securities trading facilities to pay an excise tax on a specified percentage of the value of securities and commodities transactions sufficient to recoup the net cost of carrying out the Troubled Asset Relief Program (TARP) of the Emergency Economic Stabilization Act of 2008.

To amend the Internal Revenue Code of 1986 to impose a tax on certain securities transactions to the extent required to recoup the net cost of the Troubled Asset Relief Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Electronic Personal Health Records Act of 2006''. SEC. 2. ELECTRONIC PERSONAL HEALTH RECORDS FOR FEDERAL EMPLOYEE HEALTH BENEFITS PLANS. (a) Contract Requirement.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p) Each contract under this chapter shall require the carrier to provide for the establishment and maintenance of electronic personal health records in accordance with section 8915.''. (b) Electronic Personal Health Records.--Chapter 89 of title 5, United States Code, is amended by adding after section 8914 the following: ``Sec. 8915. Electronic personal health records ``(a) In this section, the term-- ``(1) `claims data' means-- ``(A) a comprehensive record of health care services provided to an individual, including prescriptions; and ``(B) contact information for providers of health care services; and ``(2) `standard electronic format' means a format that-- ``(A) uses open electronic standards; ``(B) enables health information technology to be used for the collection of clinically specific data; ``(C) promotes the interoperability of health care information across health care settings, including reporting under this section and to other Federal agencies; ``(D) facilitates clinical decision support; ``(E) is useful for diagnosis and treatment and is understandable for the individual or family member; and ``(F) is based on the Federal messaging and health vocabulary standards-- ``(i) developed by the Consolidated Health Informatics Initiative; or ``(ii) developed and endorsed by the Office of the National Coordinator for Health Information Technology, the American Health Information Community, or the Secretary of Health and Human Services. ``(b)(1) Each carrier entering into a contract for a health benefits plan under section 8915 shall provide for the establishment and maintenance of electronic personal health records for each individual and family member enrolled in that health benefits plan in accordance with this section. ``(2) In the administration of this section, the Office of Personnel Management-- ``(A) shall ensure that each individual and family member is provided-- ``(i) timely notice of the establishment and maintenance of electronic personal health records; and ``(ii) an opportunity to file an election at any time to-- ``(I) not participate in the establishment or maintenance of an electronic personal health record for that individual or family member; and ``(II) in the case of an electronic personal health record that is established under this section, terminate that electronic personal health record; ``(B) shall ensure that each electronic personal health record shall-- ``(i) be based on standard electronic formats; ``(ii) be available for electronic access through the Internet for the use of the individual or family member to whom the record applies; ``(iii) enable the individual or family member to-- ``(I) share any contents of the electronic personal health record through transmission in standard electronic format, fax transmission, or other additional means to providers of health care services or other persons; ``(II) copy or print any contents of the electronic personal health record; and ``(III) add supplementary health information, such as information relating to-- ``(aa) personal, medical, and emergency contacts; ``(bb) laboratory tests; ``(cc) social history; ``(dd) health conditions; ``(ee) allergies; ``(ff) dental services; ``(gg) immunizations; ``(hh) prescriptions; ``(ii) family health history; ``(jj) alternative treatments; ``(kk) appointments; and ``(ll) any additional information as needed; ``(iv) contain-- ``(I) claims data from-- ``(aa) providers of health care services that participate in health benefits plans under this chapter; ``(bb) to the extent feasible, other providers of health care services; and ``(cc) to the extent feasible, other health benefits plans in which the individual or family members have participated; ``(II) clinical care, pharmaceutical, and laboratory records; and ``(III) the name of the source for each item of health information; ``(v) authenticate the identity of each individual upon accessing the electronic personal health record; and ``(vi) contain an audit trail to list the identity of individuals who access the electronic personal health record; and ``(C) shall ensure that the individual or family member may designate-- ``(i) any other individual to access and exercise control over the sharing of the electronic personal health record; and ``(ii) any other individual to access the electronic personal health record in an emergency; ``(D) shall require each health benefits plan to comply with all privacy and security regulations promulgated under section 246(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2) and other relevant laws relating to privacy and security; ``(E) shall require each carrier that enters into a contract for a health benefits plan to provide for the electronic transfer of the contents of an electronic personal health record to another electronic personal health record under a different health benefits plan maintained under this section or a similar record not maintained under this section if-- ``(i) coverage in a health benefits plan under this chapter for an individual or family member terminates; and ``(ii) that individual or family member elects such a transfer; ``(F) shall require each carrier to provide for education, awareness, and training on electronic personal health records for individuals and family members enrolled in health benefits plans; and ``(G) may require each carrier to provide for an electronic personal health record to be made available for electronic access, other than through the Internet, for the use of the individual or family member to whom the record applies, if that individual or family member requests such access.''. (c) Technical and Conforming Amendment.--The table of sections for chapter 89 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8915. Electronic personal health records.''. SEC. 3. EFFECTIVE DATES AND APPLICATION. (a) In General.--Except as provided under subsection (b), the amendments made by this Act shall take effect 30 days after the date of enactment of this Act. (b) Establishment and Maintenance of Electronic Personal Health Records.--The requirement for the establishment and maintenance of electronic personal health records under sections 8902(p) and 8915 of title 5, United States Code (as added by this Act), shall apply with respect to contracts for health benefits plans under chapter 89 of that title which take effect on and after January of the earlier of-- (1) the first calendar year following 2 years after the date of enactment of this Act; or (2) any calendar year determined by the Office of Personnel Management.

Federal Employees Electronic Personal Health Records Act of 2006 - Amends federal civil service law to require each contract between the Office of Personnel Management (OPM) and a qualified carrier offering a health benefit plan for federal employees to provide for establishment and maintenance of electronic personal health records for each individual and family member enrolled in the plan. Requires such records to be: (1) in a standard electronic format, available for electronic access through the Internet; and (2) based on the federal messaging and health vocabulary standards developed by the Consolidated Health Informatics Initiative, the Office of the National Coordinator for Health Information Technology, the American Health Information Community, or the Secretary of Health and Human Services. Directs OPM to ensure that each individual and family member is given an opportunity to elect at any time to opt out of participation in the record program or terminate an established record.

A bill to provide for the establishment and maintenance of electronic personal health records for individuals and family members enrolled in Federal employee health benefits plans under chapter 89 of title 5, United States Code, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Employment Authorization Act of 2007''. SEC. 2. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE SECURITY OFFICER EMPLOYMENT. Section 6402 of the Private Security Officer Employment Authorization Act of 2004 (28 U.S.C. 534 note) is amended-- (1) in subsection (c)(2)(B), by inserting ``, or through an entity designated by the Attorney General,'' after ``identification bureau''; (2) in subsection (d)(1)-- (A) in subparagraph (A), by inserting ``, or to an entity designated by the Attorney General,'' after ``participating State''; and (B) in subparagraph (B)-- (i) in clause (i), by striking ``to the State identification bureau of the participating State''; (ii) by inserting after clause (ii) the following new clause: ``(iii) Accuracy and completeness.--The Attorney General shall ensure that there is a process whereby a covered employee subject to a request for a National Crime Information Center criminal history records check under subsection (c)(1) will have the opportunity to provide to the head of the National Crime Information Center of the Federal Bureau of Investigation information concerning the accuracy or completeness of such results. The covered employee involved must provide such information within 30 days after the employee receives such results.''. (C) in subparagraph (C)-- (i) in the heading, by inserting ``or authorized employer or entity'' after bureau; (ii) in the text following the heading, by striking ``submitted through the State identification bureau of a participating State, the Attorney General shall'' and inserting ``the Attorney General or an entity designated by the Attorney General shall''; and (iii) in clause (ii), by inserting ``or, if submitted through an entity designated by the Attorney General, to the employer or entity,'' before ``requesting the information''; (D) in subparagraph (D)-- (i) in clause (i), by striking ``the information shall be used only as provided in clause (ii)'' and inserting ``or by an authorized employer or entity, the information shall be used only as provided in this Act''; and (ii) by amending clause (ii) to read as follows: ``(ii) Prohibition.--An authorized employer may not employ a covered employee to provide a security service described in subparagraph (B), unless, in the case of-- ``(I) a participating State that has no State standards for qualification to be a private security officer, the State shall notify an authorized employer as to the fact of whether the employee has any unpardoned conviction under any Federal or State law of any felony or any one or more of the following offenses, except that, for crimes other than those described in subsection (ll), records will only be provided for convictions that occurred during the previous 10 years or for which the employee completed serving a prison sentence within the previous 5 years: ``(aa) Illegally using, carrying, or possessing any firearm or other dangerous weapon. ``(bb) Making or possessing an instrument, the primary use of which would be to facilitate burglary, theft, or a similar crime. ``(cc) Buying or receiving stolen property. ``(dd) Unlawful entry of a building. ``(ee) Aiding escape from prison. ``(ff) Unlawfully possessing or distributing any illegal narcotic drug. ``(gg) Any act involving theft, including theft by deception. ``(hh) Recklessly endangering another person. ``(ii) Making any threat of terror. ``(jj) Any crime of violence against another individual, including assault or battery, or any crime of violence against the property of an individual. ``(kk) Attempting or conspiring to commit any of the offenses described in subclauses (I) through (X). ``(ll) Any other offense relevant to the ability of the covered employee to provide reliable security services, as specified by the Attorney General by regulation; ``(II) a participating State that has State standards for qualification to be a private security officer, the State shall use the information received pursuant to this Act in applying the State standards and shall only notify the employer of the results of the application of the State standards; or ``(III) an authorized employer or entity request through an entity designated by the Attorney General, the Attorney General shall notify the authorized employer or entity as to the fact of whether an employee has any unpardoned conviction under any Federal or State law of any felony or any one or more of the following offenses, except that, for crimes other than those described in subsection (ll), records will only be provided for convictions that occurred during the previous 10 years or for which the covered employee completed serving a prison sentence within the previous 5 years: ``(aa) Illegally using, carrying, or possessing any firearm or other dangerous weapon. ``(bb) Making or possessing an instrument, the primary use of which would be to facilitate burglary, theft, or a similar crime. ``(cc) Buying or receiving stolen property. ``(dd) Unlawful entry of a building. ``(ee) Aiding escape from prison. ``(ff) Unlawfully possessing or distributing any illegal narcotic drug. ``(gg) Any act involving theft, including theft by deception. ``(hh) Recklessly endangering another person. ``(ii) Making any threat of terror or engaging in any act of terror. ``(jj) Any crime of violence against another individual, including assault or battery, or any crime of violence against the property of an individual. ``(kk) Attempting or conspiring to commit any of the offenses described in subclauses (I) through (X). ``(ll) Any other offense relevant to the ability of the covered employee to provide reliable security services, as specified by the Attorney General by regulation.''; (E) by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: ``(E) Notifications.--With regard to records that are incomplete, notifications under subparagraph (D)(ii)(lll) shall also provide notice of any state(s) in which such records may be completed or verified.''; and (F) by adding at the end the following new subparagraph: ``(G) Records management.-- ``(i) In general.--An authorized employer receiving any results from a criminal history records check carried out under subsection (c)(1), with respect to a covered employee, shall ensure each of the following: ``(I) Such results are maintained confidentially. ``(II) Such results are not misused or disseminated to any person not involved in the employment decision with respect to the covered employee. ``(III) Subject to paragraph (2), such results are destroyed within one year after the latter of the following dates, with respect to such results: ``(aa) The first of the following dates: ``(AA) The date of the decision whether to employ or continue to employ the covered employee. ``(BB) The date that is one year after the date on which the authorized employer received the results. ``(bb) The date that is one year after the final disposition of a claim or proceeding relating to the employment of the covered employee. ``(ii) No destruction of results if related claim pending.--In no case shall the results from a criminal history records check carried out under subsection (c)(1) be destroyed pursuant to paragraph (1)(C) while a claim or proceeding described in clause (ii) of such paragraph is pending.''; (3) in subsection (d)(2)-- (A) by striking ``and'' at the end of subparagraph (B); (B) by redesignating subparagraph (C) as subparagraph (E); and (C) by inserting after subparagraph (B) the following new subparagraphs: ``(C) standards for the scope of access and the methods and time frames for providing access and responses for these checks, including a requirement that a participating state or the FBI or designated entity is required to respond to a submission by an authorized employer, entity, or consumer reporting agency within three business days of the submission of the fingerprints supporting the request for the criminal history record check; ``(D) a process for providing access for employers and entities to FBI-maintained criminal history records when access is unavailable through the state level because the state has not opted to provide such access or does not meet the standards set forth by the Attorney General; and''; (4) by redesignating paragraphs (4) and (5) of subsection (d) as paragraphs (6) and (7), respectively, of such subsection; and (5) by inserting after paragraph (3) of subsection (d) the following new paragraphs: ``(4) No liability for good faith determinations.--No authorized employer shall be liable for any determination made by such employer in good faith that an offense identified from a criminal history records check conducted under subsection (c) for such employer on a covered employee is within the scope of offenses described in paragraph (2)(D)(ii) for purposes of such employer making an employment decision with respect to such employee. ``(5) Rule of construction.--Nothing in paragraph (1) shall be construed as preventing an authorized employer from making an employment decision, with respect to a covered employee, based on any lawful reason not described in such subsection, including the reason that the results of a criminal history records check conducted under subsection (c)(1) (or any other information made available to the employer) on such employee indicate that the employment of the employee would violate any applicable State law.''.

Private Security Officer Employment Authorization Act of 2007 - Amends the Private Security Officer Employment Authorization Act of 2004 to: (1) require a process to allow private security guard employees or applicants to challenge the accuracy and completeness of their criminal history records; (2) prohibit private security guard employers from hiring guards without obtaining certain state criminal history information; (3) specify the crimes for which states must provide conviction information to such employers; (4) impose confidentiality and recordkeeping requirements on such employers; and (5) protect such employers from liability for good faith employment determinations based upon available criminal history information.

To amend the Private Security Officer Employment Authorization Act of 2004.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tamarisk Control and Riparian Restoration Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the western United States is currently experiencing its worst drought in modern history; (2) the drought in the western United States has caused-- (A) severe losses in rural, agricultural, and recreational economies; (B) detrimental effects on wildlife; and (C) increased risk of wildfires; (3) it is estimated that throughout the western United States tamarisk, a noxious and non-native plant-- (A) occupies between 1,000,000 and 1,500,000 acres of land; and (B) is a nonbeneficial user of 2,000,000 to 4,500,000 acre-feet of water per year; (4) the amount of nonbeneficial use of water by tamarisk-- (A) is greater than the amount that valuable native vegetation would have used; and (B) represents enough water for-- (i) use by 20,000,000 or more people; or (ii) the irrigation of over 1,000,000 acres of land; (5) scientists have established that tamarisk infestations can-- (A) increase soil and water salinity; (B) increase the risk of flooding through increased sedimentation and decreased channel conveyance; (C) increase wildfire potential; (D) diminish human enjoyment of and interaction with the river environment; and (E) adversely affect-- (i) wildlife habitat for threatened and endangered species; and (ii) the abundance and biodiversity of other species; and (6) as drought conditions and legal requirements relating to water supply accelerate water shortages, innovative approaches are needed to address the increasing demand for a diminishing water supply. SEC. 3. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the Tamarisk Assistance Program established under section 5. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (3) State.--The term ``State'' means-- (A) each of the States of Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oklahoma, Texas, Utah, and Wyoming; and (B) any other State that is affected by tamarisk, as determined by the assessment conducted under section 4. SEC. 4. TAMARISK ASSESSMENT. (a) In General.--Not later than 180 days after the date on which funds are made available to carry out this section, the Secretary shall complete an assessment of the extent of tamarisk invasion in the western United States. (b) Components.--The assessment under subsection (a) shall-- (1) address past and ongoing research on tested and innovative methods to control tamarisk; (2) estimate the costs for destruction of tamarisk, biomass removal, and restoration and maintenance of land; (3) identify the States affected by tamarisk; and (4) include a gross-scale estimation of infested acreage within the States identified. SEC. 5. STATE TAMARISK ASSISTANCE PROGRAM. (a) Establishment.--Based on the findings of the assessment under section 4, the Secretary shall establish the Tamarisk Assistance Program to provide grants to States to carry out projects to control or eradicate tamarisk. (b) Amount of Grant.--The amount of a grant to a State under subsection (a) shall be determined by the Secretary, based on the estimated infested acreage in the State. (c) Designation of Lead State Agency.--On receipt of a grant under subsection (a), the Governor of a State shall designate a lead State agency to administer the program in the State. (d) Priority.-- (1) In general.--The lead State agency designated under subsection (c), in consultation with the entities described in paragraph (2), shall establish the priority by which grant funds are distributed to projects to control or eradicate tamarisk in the State. (2) Entities.--The entities referred to in paragraph (1) are-- (A) the National Invasive Species Council; (B) the Invasive Species Advisory Committee; (C) representatives from Indian tribes in the State that have weed management entities or that have particular problems with noxious weeds; (D) institutions of higher education in the State; (E) State agencies; (F) nonprofit organizations in the State; and (G) soil and water conservation districts in the State that are actively conducting research on or implementing activities to control or eradicate tamarisk. (e) Conditions.--A lead State agency shall require that, as a condition of receipt of a grant under this Act, a grant recipient provide to the lead State agency any necessary information relating to a project carried out under this Act. (f) Administrative Expenses.--Not more than 10 percent of the amount of a grant provided under subsection (a) may be used for administrative expenses. (g) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of carrying out a project under this section shall be not more than 75 percent. (2) Non-federal share.--The non-Federal share may be paid by a State, county, municipality, special district, or nongovernmental entity. (h) Report.--To be eligible for additional grants under the program, not later than 180 days after the date of completion of a project carried out under this Act, a lead State agency shall submit to the Secretary a report that describes the purposes and results of the project. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $20,000,000 for fiscal year 2004; and (2) such sums as are necessary for each fiscal year thereafter.

Tamarisk Control and Riparian Restoration Act - Directs the Secretary of the Interior, through the Commissioner of Reclamation, to: (1) complete an assessment of the extent of tamarisk (an invasive plant species) invasion in the western United States and (2) establish the Tamarisk Assistance Program to provide cost-share grants to States for tamarisk control or eradication.

A bill to direct the Secretary of the Interior to establish a program to control or eradicate tamarisk in the western States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities of Color Teenage Pregnancy Prevention Act of 2010''. SEC. 2. PURPOSE. It is the purpose of this Act to develop and carry out research and demonstration projects on new and existing program interventions to provide youth in racial or ethnic minority or immigrant communities the information and skills needed to reduce teenage pregnancies, build healthy relationships, and improve overall health and well-being. SEC. 3. FINDINGS. The Congress finds the following: (1) Teenage pregnancy is one of the most critical issues facing the Nation today. The United States has the highest teenage pregnancy rate of any developed nation, with nearly 750,000 teenage girls (ages 15 to 19) becoming pregnant each year, and 80 percent of those pregnancies unplanned. (2) Nationally, teenage pregnancy has significant fiscal implications, costing taxpayers at least $9,100,000,000 annually. (3) Communities of color disproportionately suffer from teenage pregnancy. Fifty-two percent of Latinas and 50 percent of African-American girls will become pregnant at least once before they turn 20. In comparison, only 19 percent of non- Hispanic white teenage girls under the age of 20 become pregnant. (4) Between 2005 and 2006, the teen pregnancy rate increased for every racial/ethnic subgroup. Hispanic teens continue to have the highest rates of both teen pregnancy and birth. (5) Research shows that starting a family too soon may have significant social, educational, and financial impacts on the lives of young people. Less than half of teenage mothers finish high school and less than 2 percent go on to finish college, making it difficult to find and maintain a job. (6) New research shows that teenage dating violence and abuse are serious public health problems and are associated with higher levels of teenage pregnancy and unplanned pregnancy. Studies show that 1 in 5 teenage girls in the United States report having experienced physical or sexual intimate partner violence. (7) Promoting and building healthy relationships are fundamental to prevent teenage pregnancies and unplanned pregnancies. SEC. 4. DEMONSTRATION GRANTS TO REDUCE TEENAGE PREGNANCIES. (a) In General.--The Secretary shall award competitive grants to eligible entities for new and existing program interventions to provide youth in racial or ethnic minority or immigrant communities the information and skills needed to reduce teenage pregnancies and develop healthy relationships. (b) Priority.--In awarding grants under this section, the Secretary shall give priority to applicants proposing to carry out projects in racial or ethnic minority or immigrant communities. (c) Project Settings.--Funds received under this section may be used to provide information and skills as described in subsection (a)-- (1) through classroom-based settings, such as school health education or family and consumer science education; after- school programs; community-based programs; workforce development programs; and health clinics; or (2) in collaboration with systems that serve large numbers of at-risk youth such as juvenile justice or foster care systems. (d) Project Requirements.--As a condition on receipt of a grant under this section, an entity shall agree that information and skills provided through the grant will be-- (1) age-appropriate; (2) evidence-based; (3) provided in accordance with section 7(b); and (4) culturally sensitive and relevant to the target population (e) Evaluation.--Of the total amount made available to carry out this section for a fiscal year, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall use 10 percent of such amount to carry out a rigorous, independent evaluation to determine the extent and the effectiveness of activities funded through this section in changing attitudes and behavior. (f) Definition.--In this section, the term ``eligible entity'' means a State, local, or tribal agency; a school or postsecondary institution; an after-school program; a nonprofit coalition; a community or faith-based organization; or any other entity determined appropriate by the Secretary. SEC. 5. MULTIMEDIA CAMPAIGNS TO REDUCE TEENAGE PREGNANCIES. (a) In General.--The Secretary shall award competitive grants to carry out multimedia campaigns to provide public education and increase public awareness regarding teenage pregnancy and related social and emotional issues. (b) Priority.--In awarding grants under this section, the Secretary shall give priority to applicants proposing to carry out campaigns developed for racial or ethnic minority or immigrant communities. (c) Information To Be Provided.--As a condition on receipt of a grant under this section, an entity shall agree to use the grant to carry out multimedia campaigns described in subsection (a) that-- (1) at a minimum, shall provide information on-- (A) the prevention of teenage pregnancy; and (B) healthy relationship development; and (2) may provide information on the prevention of dating violence. SEC. 6. RESEARCH ON REDUCING TEENAGE PREGNANCIES. (a) Purpose.--The purpose of this section is to provide for the conduct, support, or coordination of research among culturally and linguistically specific communities, including projects that-- (1) examine factors that contribute to disproportionately high rates of teenage and unintended pregnancy or sexual abuse in such communities; (2) explore research-based strategies for addressing high rates of teenage pregnancy and unintended pregnancies through programs that emphasize healthy relationships; and (3) study the role which violence and abuse play in the decisions made by young people about relationships, sex, pregnancy, and childbearing. (b) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make grants to public and private entities to conduct, support, or coordinate research that-- (1) investigates the incidence and prevalence of teenage pregnancy and births in racial and ethnic minority or immigrant communities; (2) examines-- (A) the relationships between teenage pregnancy or dating abuse and one or more of-- (i) the mental and physical health and well-being of teenagers in such communities; (ii) the scholastic achievement of such teenagers, including with respect to school completion; (iii) family communication; and (iv) exposure to violence, sexual abuse, pregnancy coercion, and birth control sabotage; (B) effective interventions to reduce pregnancy coercion and birth control sabotage; (C) the variance in the rates of teenage pregnancy by-- (i) location (such as inner cities, inner suburbs, outer suburbs, and rural areas); (ii) population subgroup (such as Hispanic, Asian, African-American, Pacific Islander, American Indian, and Alaskan Native); (iii) level of acculturation; or (iv) socioeconomic status (such as income, educational attainment of the parents of the teenager, and school attendance of the teenager); (D) the importance of the physical and social environment as a factor in placing communities at risk of increased rates of teenage pregnancy or dating violence abuse; and (E) the importance of aspirations and motivations as factors affecting young people's risk of teenage pregnancy or dating abuse; (3) improves data collection on-- (A) sexual and reproductive health, including teenage pregnancies and births, among all minority communities and subpopulations, with an emphasis on American Indian and Alaska Native youth; (B) sexual behavior, sexual or reproductive coercion, birth control sabotage, and teenage contraceptive use patterns at the State level; or (C) teenage pregnancies among youth in and aging out of foster care or juvenile justice systems; (4) examines underlying factors that lead to teenage pregnancy among youth in foster care or juvenile justice systems; (5) identifies strategies to address the disproportionate rates of teenage and unintended pregnancies and dating violence in racial or ethnic minority or immigrant communities; (6) examines the effectiveness of media campaigns addressing healthy relationship development, dating violence prevention, and teenage pregnancy; or (7) examines how effective interventions can be replicated or adapted in other settings to serve racial or ethnic minority or immigrant communities. (c) Priority.--In carrying out this section, the Secretary shall give priority to research that incorporates-- (1) interdisciplinary approaches; or (2) a strong emphasis on community-based participatory research. SEC. 7. MISCELLANEOUS PROVISIONS. (a) Applications.--To seek a grant under this Act, an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary may require. (b) Additional Requirements.--A grant may be made under this Act only if the applicant involved agrees that information, activities, and services under the grant-- (1) will be evidence-based; (2) will be factually and medically accurate and complete; and (3) if directed to a particular population group, will be provided in an appropriate language and cultural context. (c) Training and Technical Assistance.-- (1) In general.--Of the total amount made available to carry out this Act for a fiscal year, the Secretary shall use 10 percent to provide, directly or through a competitive grant process, training and technical assistance to the grant recipients under this section, including by disseminating research and information regarding effective and promising practices, providing consultation and resources on a broad array of teenage and unintended pregnancy and violence prevention strategies, and developing resources and materials. (2) Collaboration.--In carrying out this subsection, the Secretary shall collaborate with a variety of entities that have expertise in the prevention of teenage pregnancy, healthy relationship development, and violence prevention. SEC. 8. DEFINITIONS. In this Act: (1) Medically accurate and complete.--The term ``medically accurate and complete'' means verified or supported by the weight of research conducted in compliance with accepted scientific methods and-- (A) published in peer-reviewed journals, where applicable; or (B) comprising information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. (2) Racial or ethnic minority or immigrant communities.-- The term ``racial or ethnic minority or immigrant communities'' means communities with a substantial number of residents who are members of racial or ethnic minority groups or who are immigrants. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Youth.--The term ``youth'' means individuals who are 11 to 19 years of age. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) to carry out section 4, $45,000,000 for each of fiscal years 2011 through 2015; (2) to carry out section 5, $5,000,000 for each of fiscal years 2011 through 2015; and (3) to carry out section 6, $10,000,000 for each of fiscal years 2011 through 2015.

Communities of Color Teenage Pregnancy Prevention Act of 2010 - Requires the Secretary of Health and Human Services (HHS) to award competitive grants to eligible entities for new and existing program interventions to provide youth in racial or ethnic minority or immigrant communities the information and skills needed to reduce teenage pregnancies and develop healthy relationships. Directs the Secretary to award competitive grants to carry out multimedia campaigns to provide public education and increase public awareness regarding teenage pregnancy and related social and emotional issues. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants for research on teenage pregnancy that includes: (1) investigating the incidence and prevalence of teenage pregnancy and births in racial and ethnic minority or immigrant communities; and (2) examining factors that lead to teenage pregnancy among youth in foster care or juvenile justice systems.

To authorize the Secretary of Health and Human Services to carry out programs to provide youth in racial or ethnic minority or immigrant communities the information and skills needed to reduce teenage pregnancies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revitalizing Older Communities Through Housing Improvements Act of 2004''. SEC. 2. IMPROVING UTILIZATION AND SUCCESS RATES. (a) Increased Payment Standard.--Section 8(o)(1)(D) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(1)(D)) is amended-- (1) by striking ``(D) Approval.--The'' and inserting the following: ``(D) Exception payment standards.-- ``(i) Approval.--The''; and (2) by adding at the end the following: ``(ii) Increased payment standard.--A public housing agency may establish a payment standard for the same size dwelling unit in a market area or portion of a market area between 110 and 150 percent of the fair market rent, if the payment standard for the market area or portion of a market area has been set at 110 percent or above for the 6 months prior to the establishment of the new payment standard and the public housing agency determines that it has-- ``(I) a voucher success rate (the proportion of families that are issued a voucher that succeed in leasing a unit within the timeframe provided by the public housing agency to search for housing) of not more than 80 percent or has provided an extended search time of not less than 90 days to a significant number of voucher recipients; or ``(II) problems with concentration of the voucher holders in high-poverty areas. ``(iii) Disability accommodation.--A public housing agency may establish a payment standard of not more than 150 percent of the fair market rent where necessary as a reasonable accommodation for a person with a disability, without approval of the Secretary. A public housing agency may seek approval of the Secretary to use a payment standard greater than 150 percent of the fair market rent as a reasonable accommodation for a person with a disability. ``(iv) Secretary approval.--A public housing agency may establish a payment standard in accordance with clause (ii) without approval of the Secretary, if the public housing agency includes in its annual plan that is submitted to the Secretary pursuant to section 5A(b)-- ``(I) the reasons for the increase in the payment standard; ``(II) a description of how and why the public housing agency has determined that it meets the requirements of clause (ii); and ``(III) a description of other steps the public housing agency is taking, in addition to increasing the payment standard, to address the problems of voucher utilization, voucher success rates (the proportion of families that are issued a voucher that succeed in leasing a unit within the timeframe provided by the public housing agency to search for housing), and concentration of voucher holders. ``(v) Applicability.--Clauses (ii) through (iv) shall apply with respect only to amounts made available for rental assistance under this subsection for fiscal year 2005 and fiscal years thereafter.''. (b) Tight Rental Markets.--The Secretary of Housing and Urban Development shall, not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, issue regulations to implement the recommendations made by the Millenial Housing Commission in the report entitled ``Meeting Our Nation's Challenges'', dated May 30, 2002, regarding improving the housing choice voucher program under section 8(o) of the United States Housing Act of 1937. Such regulations shall provide that-- (1) the Secretary shall expand the resources devoted to rent surveys to ensure that published fair market rentals established under section 8(c) of such Act do not lag actual rents; and (2) exception payment standards under section 8(o)(1)(D) of such Act (as amended by subsection (a) of this section) are more quickly approved when census data demonstrate that average area rents are at the level of the exception sought (subject to appropriate maximum limitations, as the Secretary of Housing and Urban Development shall provide). SEC. 3. TERMINATION OF HOUSING ASSISTANCE PAYMENTS CONTRACT. Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following new paragraph: ``(20) Breach of hap contract.--Each housing assistance payment contract for assistance under this subsection shall provide that it shall be breach of such contract for the owner to fail to pay State or local real estate taxes, fines, or assessments relating to a dwelling unit assisted under the contract or the building in which the unit is located.''. SEC. 4. COMMISSION TO STUDY PUBLIC AND SECTION 8 HOUSING. (a) Establishment.--There is hereby established a commission to be known as the Commission to Revitalize Older Communities Through Housing Improvements (in this section referred to as the ``Commission''). (b) Membership.-- (1) Appointment.--The Commission shall be composed of 9 members, appointed not later than 90 days after amounts are appropriated pursuant to subsection (g) or are otherwise made available from non-Federal sources to carry out this section. Each member shall be appointed for the life of the Commission. The members shall be as follows: (A) 3 members appointed by the President. (B) 2 members appointed by the Speaker of the House of Representatives. (C) 1 member appointed by the minority leader of the House of Representatives. (D) 2 members appointed by the majority leader of the Senate. (E) 1 member appointed by the minority leader of the Senate. (2) Chairperson.--The Commission shall elect a chairperson from among the members of the Commission. (3) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (4) Vacancies.--Any vacancy on the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (5) Prohibition of additional pay.--Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (6) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Functions.-- (1) Study.--The Commission shall conduct a study regarding the following topics: (A) Public housing community service requirement.-- The Commission shall study the community service requirement under section 12(c) of the United States Housing Act of 1937 (42 U.S.C. 1437j(c)) to determine-- (i) the effectiveness of such requirement in producing community service contributions by residents of public housing, taking into consideration exemptions under law for certain individuals and the temporary suspension of the requirement and of funding for carrying out the requirement; (ii) the best means of determining compliance with, and enforcing, the community service requirement; (iii) the actual level of compliance with the community service requirement; and (iv) whether applying the community service requirement to recipients of rental housing voucher assistance under section 8(o) of such Act would be feasible and effective, taking into consideration the large proportion of recipients of such assistance that are employed and the significant administrative burdens and costs public housing agencies would incur in implementing, administrating, and enforcing such requirement. (B) Voucher concentration reduction.--The Commission shall study-- (i) the effectiveness and feasibility, for purposes of reducing concentration of poverty, of authorizing public housing agencies to establish a limitation on the number of rental housing assistance vouchers under section 8 of the United States Housing Act of 1937 that may be used for rental of dwelling units located within any single municipality or area, which limitation shall be based on the percentage of recipients of such assistance to the total population; (ii) the consistency of such a limitation with, and effects on, the portability requirements under section 8(r) of such Act; and (iii) various solutions to avoiding concentration of voucher recipients, including requiring, in a case where a limitation referred to in clause (i) prevents use of vouchers in a municipality or area, that the relevant public housing agency increase the amount of monthly assistance provided under a voucher to permit such voucher recipients to obtain housing in other areas having higher housing costs. (2) Report.--The Commission shall submit a report to the Congress and the Secretary of Housing and Urban Development regarding the results of the study not later than 180 days after the completion of the appointment of the members of the Commission pursuant to subsection (b)(1). (d) Powers.-- (1) Hearings.--The Commission may, for the purpose of carrying out this section, hold such hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Rules and regulations.--The Commission may adopt such rules and regulations as may be necessary to establish its procedures and to govern the manner of its operations, organization, and personnel. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. The Commission may require information directly from any public housing agency (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))) to the same extent that the Secretary of Housing and Urban Development may require such information. (4) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. (5) Staff of hud.--Upon request of the Chairperson of the Commission, the Secretary of Housing and Urban Development shall, to the extent possible and subject to the discretion of the Secretary, detail, on a reimbursable basis, any of the personnel of the Department to the Commission to assist it in carrying out its duties under this section. (6) 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. (7) Executive director.--The Commission shall have a Director who shall be appointed by the Commission. To the extent or in the amounts provided in advance in appropriation Acts, the Director shall be paid at a rate fixed by the Commission, but not to exceed the rate of basic pay for level V of the Executive Schedule. (8) Staff.--The Commission may appoint and fix the pay of such personnel as it considers appropriate, in accordance with the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (e) Advisory Committee.--The Commission shall be considered an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.). (f) Sunset.--The Commission shall terminate 30 days after submitting the report pursuant to subsection (c)(2). (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Revitalizing Older Communities Through Housing Improvements Act of 2004 - Amends the United States Housing Act of 1937 to authorize, under specified circumstances, a public housing agency to establish an increased voucher program payment standard in situations of: (1) low lease success rate or voucher holder concentration in high-poverty areas; and (2) disability accommodations. Directs the Secretary of Housing and Urban Development to issue implementing regulations with respect to certain voucher program recommendations made by the Millenial Housing Commission. Requires each housing assistance voucher contract to provide that it shall be a breach of contract for the owner to fail to pay State or local real estate taxes, fines, or assessments relating to an assisted dwelling unit or the building in which the unit is located. Establishes the Commission to Revitalize Older Communities Through Housing Improvements which shall study and report on: (1) the public housing community service requirement; and (2) voucher concentration reduction. Terminates the Commission 30 days after report submission.

To reform and improve the rental housing voucher program under section 8 of the United States Housing Act of 1937.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Traumatic Brain Injury Research and Treatment Improvement Act of 2014''. SEC. 2. FINDINGS. (a) Findings.--The Congress finds as follows: (1) State data and monitoring systems provide reliable data on injury causes and risk factors, identify trends in the incidence of traumatic brain injury, enable the development of cause-specific prevention strategies focused on populations at greatest risk, and monitor the effectiveness of such strategies. (2) Since 1995, when the Centers for Disease Control and Prevention published Guidelines for Surveillance of Central Nervous System Injury, additional causes of traumatic brain injury have emerged: military-related traumatic brain injuries; sports-related concussions; traffic injuries resulting from texting while driving; and increasing numbers of falls-related traumatic brain injuries among older adults. (3) In their 2013 report, Sports-Related Concussions in Youth: Improving the Science, Changing the Culture, the Institute on Medicine and the National Research Council noted that there is currently a lack of data to accurately estimate the incidence of sports-related concussions across a variety of sports and for youth across the pediatric age spectrum. The report recommended that the Centers for Disease Control and Prevention establish and oversee a national surveillance system to accurately determine the incidence of sports-related concussions, including those in youth ages 5 to 21, taking into account Federal efforts to collect information on traumatic brain injury. (4) Traumatic brain injury is a substantial public health problem among older persons. As the population of older persons continues to grow in the United States, the need to design and implement proven and cost-effective prevention measures that focus on the leading causes of traumatic brain injury becomes more urgent. (5) In order to implement this Act, the Centers for Disease Control and Prevention needs to collaborate with Federal agencies reporting military-related traumatic brain injuries, school systems reporting traumatic brain injuries, Medicaid and other Federal programs, and State agencies. SEC. 3. ESTABLISHING REQUIREMENTS TO IMPROVE THE RESEARCH AND TREATMENT OF TRAUMATIC BRAIN INJURY. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- (1) evaluate existing surveillance and data collections systems that track the incidence and circumstances of traumatic brain injury, including concussion; (2) not later than 9 months after the date of enactment of this Act, submit a report to the Congress outlining the findings of the evaluation under paragraph (1); and (3) establish a statistically sound, scientifically credible, integrated surveillance system regarding traumatic brain injury, to be known as the ``National Traumatic Brain Injury Surveillance System''. (b) Research.--The Secretary shall ensure that the National Traumatic Brain Injury Surveillance System is designed in a manner that facilitates further research on brain injury. (c) Content.--In carrying out subsection (a), the Secretary-- (1) shall provide for the collection and storage of information (excluding personally identifiable information) on the incidence and prevalence of traumatic brain injury, including concussion, in the United States across the lifespan; (2) to the extent practicable, shall provide for the collection and storage of other available information (excluding personally identifiable information) on traumatic brain injury, such as information concerning demographics and other information associated with the incidence of a traumatic brain injury, such as-- (A) age; (B) race and ethnicity; (C) sex; (D) geographic location; (E) history of head injury (including injury type and the approximate date of injury); (F) pre-existing conditions, such as learning disabilities and attention deficit hyperactivity disorder; and (G) co-occurring issues, such as substance abuse or post-traumatic stress disorder; (3) to the extent practicable, shall provide for the collection and storage of information relevant to analysis on traumatic brain injury, such as information concerning-- (A) impact location on the body and nature of the impact; (B) qualifications of personnel making the traumatic brain injury diagnosis; (C) assessment tool used to make the diagnosis; (D) signs and symptoms consistent with a head injury; (E) sport or activity and the level of competition (if a sports-related activity); (F) use of protective equipment and impact monitoring devices; and (G) severity of the traumatic brain injury; and (4) may address issues identified during the consultation process under subsection (d). (d) Consultation.--In carrying out this section, the Secretary shall consult with individuals with appropriate expertise, including-- (1) epidemiologists with experience in disease surveillance or registries; (2) representatives of national health associations that-- (A) focus on brain injury; and (B) have demonstrated experience in research, care, or patient services; (3) State public health agencies; (4) health information technology experts or other information management specialists; (5) clinicians with expertise in brain injury; (6) research scientists with experience conducting brain research or utilizing surveillance systems for scientific research purposes; (7) medical facilities of the Department of Veterans Affairs; and (8) behavioral health centers. (e) Grants.--The Secretary may award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this section. (f) Coordination With Other Federal Agencies.--Subject to subsection (h), the Secretary shall make information and analysis in the National Traumatic Brain Injury Surveillance System available, as appropriate, to Federal departments and agencies, such as the National Institutes of Health, the Health Resources and Services Administration, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Department of Education, the Department of Veterans Affairs, and the Department of Defense. (g) Public Access.--Subject to subsection (h), the Secretary shall make information and analysis in the National Traumatic Brain Injury Surveillance System available, as appropriate, to the public, including researchers. (h) Privacy.--The Secretary shall ensure that privacy and security protections applicable to the National Traumatic Brain Injury Surveillance System are at least as stringent as the privacy and security protections under HIPAA privacy and security law, including nondisclosure of personally identifiable information. (i) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the Congress concerning the implementation of this section. Such report shall include information on-- (1) the development and maintenance of the National Traumatic Brain Injury Surveillance System; (2) the type of information collected and stored in the System; (3) the use and availability of such information, including guidelines for such use; and (4) the use and coordination of databases that collect or maintain information on traumatic brain injury. (j) Definition.--In this Act: (1) National health association.--The term ``national health association'' means a national nonprofit organization with chapters, other affiliated organizations, or networks in States throughout the United States. (2) HIPAA privacy and security law.--The term ``HIPAA privacy and security law'' has the meaning given to that term in section 3009 of the Public Health Service Act (42 U.S.C. 300jj-19). (3) Personally identifiable information.--The term ``personally identifiable information'' means information which can be used to distinguish or trace an individual's identity (such as their name, social security number, or biometric records) either alone or when combined with other personal or identifying information which is linked or linkable to a specific individual (such as date of birth, place of birth, and mother's maiden name). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) Surveillance.--The term ``surveillance'' means the ongoing, systematic collection, analysis, interpretation, and dissemination of data (other than personally identifiable information) regarding a health-related event for use in public health action to reduce morbidity and mortality and to improve health. (6) Traumatic brain injury.--The term ``traumatic brain injury'' means an injury to the head arising from blunt or penetrating trauma or from acceleration or deceleration forces associated with one or more of the following: decreased level of consciousness, amnesia, objective neurologic or neuropsychological abnormalities, skull fractures, diagnosed intracranial lesions, or head injury listed as a cause of death in the death certificate. (k) Authorization of Appropriations.--To carry out this Act, there are authorized to be appropriated such sums as may be necessary.

National Traumatic Brain Injury Research and Treatment Improvement Act of 2014 - Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) evaluate existing surveillance and data collections systems that track the incidence and circumstances of traumatic brain injury, including concussion; (2) establish a statistically sound, scientifically credible, and integrated National Traumatic Brain Injury Surveillance System; and (3) ensure that the System is designed in a manner that facilitates further research on brain injury. Authorizes the Director to award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this Act. Requires the Director to: (1) make information and analysis in the System available to the public, including researchers, and to other federal agencies, including the National Institutes of Health (NIH), the Health Resources and Services Administration, the Food and Drug Administration (FDA), the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, and the Departments of Education, Veterans Affairs (VA), and Defense (DOD); and (2) ensure that privacy and security protections applicable to the System are at least as stringent as those under the Health Insurance Portability and Accountability Act (HIPAA).

National Traumatic Brain Injury Research and Treatment Improvement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Opportunities and Mitigating Emergencies Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) The Gulf Coast region of the United States was recently decimated by twin natural disasters: Hurricanes Katrina and Rita. (2) Hurricane Katrina crashed into the Gulf Coast on August 29, 2005, as a category 4 storm. (3) At the time of its landing, Hurricane Katrina was recorded as the third strongest hurricane to ever make landfall on the United States, with sustained winds over 140 miles per hour. (4) The damage and destruction caused by Hurricane Katrina along the coastal regions of Louisiana, Mississippi, and Alabama were unmatched in their breadth and scope. (5) A 10- to 30-foot storm surge came ashore on over 200 continuous miles of coastline from southeast Louisiana, including Mississippi and Alabama, through to the Florida panhandle. (6) The 30-foot storm surge recorded at Biloxi, Mississippi, is the highest ever observed in the United States. (7) Hurricane Katrina's storm surge quickly breached the levee system that protected the city of New Orleans from Lake Pontchartrain and the Mississippi River, subsequently flooding at least 80 percent of the city. (8) The magnitude of Hurricane Katrina was of such an unprecedented scale that the Federal disaster declarations which followed its destructive path blanketed over 90,000 square miles of the United States, an area almost as large as the United Kingdom, displacing more than 1,000,000 people--a humanitarian crisis on a scale unseen in the United States since the Great Depression. (9) The storm has now become the most destructive and costliest natural disaster in the history of the United States, resulting in over 1,300 deaths and estimated damage between $70,000,000,000 and $130,000,000,000. (10) Less than one month later, on September 24, 2005, the region was battered again, this time by the strongest-measured hurricane to ever have entered the Gulf of Mexico--Hurricane Rita. (11) Hurricane Rita came ashore between Texas and Louisiana as a category 3 hurricane, packing winds up to 120 miles per hour and a storm surge of 10 feet. (12) A day prior to landfall, the resultant storm surge also reopened some of the levee breaches caused by Hurricane Katrina a month earlier and re-flooded parts of New Orleans. (13) Local storm surges of 15 to 20 feet in southwestern Louisiana were reported, and damage was extensive in coastal parishes. (14) Thousands of residents and families in the effected States, who lived outside the 100-year flood plain and were told they did not need flood insurance, suffered significant damage to their homes and in many cases total losses. (15) These families are currently without any type of permanent shelter or any means by which to acquire such shelter or otherwise make themselves whole, thus crippling the Gulf Coast region and its economy. (16) Because of the unprecedented magnitude of the storm and the impact that the devastation of such a large region will have on the United States as a whole, the Federal Government should play a role in providing emergency assistance to these families to help them rebuild and get on with their lives. SEC. 3. TEMPORARY EMERGENCY ASSISTANCE FOR PRIMARY RESIDENCES DAMAGED OR DESTROYED BY HURRICANES KATRINA AND RITA. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following: ``SEC. 425. TEMPORARY EMERGENCY ASSISTANCE FOR PRIMARY RESIDENCES DAMAGED OR DESTROYED BY HURRICANES KATRINA AND RITA. ``(a) In General.--The Director shall provide emergency assistance to owners of eligible structures in accordance with this section. ``(b) Application.--The Director shall provide for owners of eligible structures to submit applications for assistance under this section in such form, containing such information, and in accordance with such procedures, as the Director may require. ``(c) Use of Funds; Scope of Coverage.-- ``(1) In general.--The amount of any assistance under this section provided to an owner of an eligible structure in a covered disaster area of a State may be used only for paying-- ``(A) the costs of repair, reconstruction, or replacement of such structure or construction or purchase of any other structure (including a manufactured home) to be used as the primary residence of the owner in the covered disaster area of such State; or ``(B) the amount remaining to be paid by the owner on the mortgage of the eligible structure. ``(2) Replacement cost.-- ``(A) In general.--Subject to subsection (d), the amount of any assistance provided under this section shall be based on the replacement cost necessary for repair, reconstruction, or replacement of the eligible structure to its original specifications and standards prior to-- ``(i) August 29, 2005, in the case of a structure damaged by flooding resulting from Hurricane Katrina; or ``(ii) September 23, 2005, in the case of a structure damaged by flooding resulting from Hurricane Rita. Such costs shall include adjustments as necessary for compliance with the requirements of subsection (e)(1)(B). ``(B) Documentation.--An owner of an eligible structure applying for assistance under paragraph (1) shall submit to the Director documentation and such other evidence (including a report completed by a State-licensed, nationally-certified home inspector) as the Director may require to establish the replacement cost of the eligible structure under subparagraph (A). ``(d) Cost Sharing.-- ``(1) Federal share.--Subject to subsection (f) and paragraph (2), the Federal share of the cost of assistance provided under this section for an eligible structure that the Director shall pay to the owner of the eligible structure shall be 80 percent of the replacement cost of the eligible structure as determined under subsection (c)(2). ``(2) Maximum amount.--The maximum amount of assistance that may be provided to an owner of an eligible structure under this section for such structure may not exceed $150,000. ``(3) Optional state share.--If the owner of an eligible structure in a State is provided assistance under this section, the State may provide to the owner 10 percent of the replacement cost of the eligible structure as determined under subsection (c)(2), but not to exceed $15,000. ``(e) Requirements Regarding Future Flood Insurance Coverage and Mitigation Actions.-- ``(1) In general.--The Director may not provide assistance under this section for an eligible structure unless-- ``(A) the owner of the property upon which the eligible structure is located has entered into a legally binding agreement with the Director, including such deed restrictions as the Director considers appropriate, to ensure that such owner, and any future owners, will at all times after such assistance is provided under this section with respect to the property, purchase and maintain flood insurance, in perpetuity, for any structures located at any time on the same property on which, at the time of purchase, such eligible structure is located, in an amount at least equal to the lesser of-- ``(i) the value of the structure, as determined by the Director; or ``(ii) the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Program, if such coverage is available; and ``(B) the owner of the property certifies to the Director that any structure constructed, repaired, or reconstructed with such assistance will be constructed, repaired, or reconstructed in accordance with-- ``(i) standards established by the International Code Council in effect at the time the building permit is issued by the local government to the owner of the eligible structure; and ``(ii) any final flood elevations or flood maps in effect for purposes of the National Flood Insurance Program at the time the building permit is issued by the local government to the owner of the eligible structure and any advisory flood elevations or advisory flood insurance rate maps issued by the Director for purposes of such program before such building permit is issued. ``(2) Waiver authority.--The Director may waive the requirements of paragraph (1)(B) with respect to the repair of an eligible structure if the Director determines that the cost of compliance with such requirements by the owner in repairing the eligible structure outweigh the benefit derived from such compliance pursuant to a substantial damage analysis. ``(f) Prohibition on Duplicative Benefits in Excess of Replacement Costs.--Notwithstanding section 312, the Director shall assure that no owner of an eligible structure will receive assistance under this section that, when combined with other financial assistance received by the owner under any program, including section 404 or 408, or from insurance or any other source for the purpose of repair, reconstruction, or replacement of the eligible structure, is in excess of the replacement cost of the eligible structure as determined under subsection (c)(2). Before receipt of any assistance for which an owner is eligible under this section for an eligible structure, the owner shall enter into a legally binding agreement with the Director to repay any and all of such assistance that is in excess of the replacement cost of the eligible structure as determined under subsection (c)(2). ``(g) Verification of Use of Funds and Compliance.-- ``(1) Documentation; reports.--Within 6 months after the date on which an owner of an eligible structure receives assistance under this section, and every 6 months thereafter until all such assistance is accounted for, the owner shall submit to the Director-- ``(A) all receipts and documentation verifying the use of such assistance for the purpose for which it was provided; and ``(B) reports completed by a State-licensed, nationally-certified home inspector verifying compliance by the owner with the requirements of subsection (e)(1)(B) if such requirements are not waived by the Director. ``(2) Enforcement.--The Director may suspend assistance under this section, and take any additional action which the Director deems appropriate, with respect to an owner of an eligible structure if the Director determines that the owner is not complying with paragraph (1). ``(h) Definitions.--In this section, the following definitions apply: ``(1) Covered disaster area.--The term `covered disaster area' means an area-- ``(A) for which a major disaster was declared by the Director pursuant to title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act as a result of Hurricane Katrina or Hurricane Rita in 2005; and ``(B) in which the sale of flood insurance coverage was available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) as of-- ``(i) August 29, 2005, in the case of an area for which a declaration referred to in subparagraph (A) was made as a result of Hurricane Katrina; or ``(ii) September 23, 2005, in the case of an area for which a declaration referred to in subparagraph (A) was made as a result of Hurricane Rita. ``(2) Eligible structure.--The term `eligible structure' means a structure (including a manufactured home) that-- ``(A) sustained damage or losses from flooding resulting from Hurricane Katrina or Hurricane Rita in 2005; ``(B) is located in a covered disaster area; ``(C) is a residential structure that was used as the primary residence of the owner of the structure as of-- ``(i) August 29, 2005, in the case of a structure damaged by flooding resulting from Hurricane Katrina; and ``(ii) September 23, 2005, in the case of a structure damaged by flooding resulting from Hurricane Rita; ``(D) was covered by an insurance policy for losses caused by wind or windstorm as of-- ``(i) August 29, 2005, in the case of a structure damaged by flooding resulting from Hurricane Katrina; and ``(ii) September 23, 2005, in the case of a structure damaged by flooding resulting from Hurricane Rita; ``(E) is of a type for which coverage was generally made available under the National Flood Insurance Program as of August 29, 2005; and ``(F) is not located in an area that has been identified by the Director as an area having special flood hazards (as such term is used for purposes of section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)) as of August 29, 2005. ``(3) Director.--The term `Director' means the Director of the Federal Emergency Management Agency. ``(i) Termination.--The Director may not provide any assistance under this section except pursuant to an application for such assistance submitted to the Director before the expiration of the 180- day period beginning on the date of the enactment of this section. ``(j) Regulations.--The Director may issue any regulations necessary to carry out this section.''. SEC. 4. HAZARD MITIGATION. (a) In General.--Section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended-- (1) in the first sentence by striking ``75'' and inserting ``90''; and (2) in the last sentence by striking ``7.5'' and inserting ``15''. (b) Property Acquisition and Relocation Assistance.--Section 404(b) of such Act (42 U.S.C. 5170c(b)) is amended by adding at the end the following: ``(4) Reduction.--The amount of any assistance that would otherwise be provided to an owner of an eligible structure under section 425(c)(1)(B) shall be reduced by the amount of assistance the owner receives for such structure under such section.''. (c) Applicability.--The amendments made by subsections (a) and (b) shall apply with respect to a major disaster declared by the President on or after August 24, 2005.

Housing Opportunities and Mitigating Emergencies Act of 2005 - Amernds the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the Director of the Federal Emergency Management Agency (FEMA) to provide temporary emergency assistance for primary residences damaged or destroyed by Hurricanes Katrina and Rita. Increases from 75% to 90% the amount the President may contribute toward the cost of cost-effective hazard mitigation measures which substantially reduce the risk of future damage, hardship, loss, or suffering in any area affected by a major disaster. Doubles from 7.5% to 15% of the estimated aggregate federal disaster relief grants to an area the limit on the total amount of such presidential contributions.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide temporary emergency assistance for primary residences damaged or destroyed by Hurricanes Katrina and Rita.