FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lorton Technical Corrections Act of 1998''. SEC. 2. TRANSFER OF LAND TO GENERAL SERVICES ADMINISTRATION. Section 11201 of the National Capital Revitalization and Self- Government Improvement Act of 1997 (Public Law 105-33; D.C. Code 24- 1201) is amended-- (1) by redesignating the second subsection (g) and subsection (h) as subsections (h) and (i); (2) in subsection (g)(1)-- (A) by inserting ``(A)'' before ``Notwithstanding''; (B) by striking ``Except as provided in paragraph (2)'' and all that follows through ``Department of the Interior.''; and (C) by adding at the end the following new subparagraphs: ``(B) Contingent on the General Services Administration (GSA) receiving the necessary appropriations to carry out the requirements of this paragraph and subsection (g), and notwithstanding the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), not later than 60 days after the date of the enactment of the Lorton Technical Corrections Act of 1998, any property on which the Lorton Correctional Complex is located shall be transferred to the GSA. ``(C) Not later than 1 year after the date of the enactment of the Lorton Technical Corrections Act of 1998, Fairfax County shall submit a reuse plan that complies with all requisite approvals to the Administrator of General Services that aims to maximize use of the land for open space, park land, or recreation, while delineating permissible or recreation uses, potential development densities, and any time limits on such development factors of the property on which the Lorton Correctional Complex is located. ``(D) Not later than 180 days after the date of the enactment of the Lorton Technical Corrections Act of 1998, the Department of the Interior shall notify GSA of any property it requests to be transferred to the Department of the Interior for the purpose of a land exchange by the United States Fish and Wildlife Service within the Commonwealth of Virginia. The Department of the Interior's request shall be approved by the Administrator of General Services in a manner consistent with the reuse plan developed by Fairfax County and to the extent it does not result in a significant reduction in the marketability or value of any remaining property. The Administrator of General Services shall coordinate with the Secretary of the Interior to resolve any conflicts presented by the Department of the Interior's request and shall transfer the property to the Department of the Interior at no cost. ``(E) Any property not transferred to the Department of the Interior under subparagraph (D) shall be disposed of according to paragraphs (2) and (4).''; (3) in subsection (g)(2)(A)(ii) by striking ``Department of Parks and Recreation'' each place it appears and inserting ``Park Authority''; (4) in subsection (g) by adding at the end the following new paragraphs: ``(4) Conditions on transfer of lorton property east of ox road (state route 123).-- ``(A) In general.--With respect to property east of Ox Road (State Route 123) on which the Lorton Correctional Complex is located, the Administrator of General Services shall-- ``(i) cooperate with the District of Columbia Corrections Trustee to determine property necessary to maintain the security of the Lorton Correctional Complex until its closure; ``(ii) prepare a report of title, complete a property description, provide protection and maintenance, conduct an environmental assessment of the property to determine the extent of contamination, complete National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) and National Historic Preservation Act (16 U.S.C. 470 et seq.) processes for closure and disposal of the property, and provide an estimate of the cost for remediation and contingent on receiving the necessary appropriations complete the remediation in compliance with applicable Federal and State environmental laws; ``(iii) develop a disposition strategy incorporating the Fairfax County reuse plan and the Department of the Interior's land transfer request, and resolve conflicts between the plan and the transfer request, or between the reuse plan, the transfer request and the results of the environmental studies; ``(iv) negotiate with any entity that has a lease, agreement, memorandum of understanding, right-of-way, or easement with the District of Columbia to occupy or utilize any parcels of such property on the date of the enactment of this title, to perfect or extend such lease, agreement, memorandum of understanding, right- of-way, or easement; ``(v) transfer at no cost any property identified in the Fairfax County reuse plan to the Northern Virginia Regional Park Authority or the Fairfax County Park Authority for park purposes; ``(vi) dispose of any parcels not reserved by the Department of the Interior and not addressed under clause (iii) at fair market value, including the six-acre parcel east of Shirley Highway on Interstate 95 to Amtrak, subject to such terms and conditions as the Administrator determines to be in the best interest of the United States; ``(vii) deposit any proceeds from the sale of property on which the Lorton Correctional Complex is located into a special fund established in the treasury for purposes of covering real property utilization and disposal related expenses, including environmental compliance and remediation for the Lorton Correctional Complex until all property has been conveyed; and ``(viii) deposit any remaining funds in the Policy and Operations appropriate account of the General Services Administration to be used for real property utilization and disposal activities until expended. ``(B) Report.--Not later than 90 days after the date of the receipt of the Fairfax County reuse plan and the Department of the Interior property transfer request by the Administrator of General Services, the Administrator shall report to the Committees on Appropriations and Government Reform and Oversight of the House of Representatives, and the Committees on Appropriations and Governmental Affairs of the Senate on plans to comply with the terms of this paragraph and any estimated costs associated with such compliance. ``(C) Authorization.--There is authorized to be appropriated such sums as are necessary from the general funds of the Treasury, to remain available until expended, to the Policy and Operations appropriation account of the General Services Administration for the real property utilization and disposal activities in carrying out the provisions of this title. ``(5) Jurisdiction.--Any property disposed of according to paragraphs (2) and (4) shall be under the jurisdiction of the Commonwealth of Virginia. Any development of such property and any property transferred to the Department of the Interior for exchange purposes shall comply with any applicable planning and zoning requirements of Fairfax County and the Fairfax County reuse plan.''.

Lorton Technical Corrections Act of 1998 - Amends the National Capital Revitalization and Self-Government Improvement Act of 1997, with respect to closure of the Lorton Correctional Complex, to repeal the transfer of Lorton property to the Department of the Interior. Requires transfer of such property to the General Services Administration (GSA). Requires Fairfax County to submit to the Administrator of General Services (GSA Administrator) a reuse plan that aims to maximize use of the land for open space, park land, or recreation, while outlining permissible or recreation uses, potential development densities, and any time limits on such development factors of the property. Requires the Department of the Interior to notify GSA of any property it requests to be transferred to it for a land exchange by the U.S. Fish and Wildlife Service within Virginia. Requires GSA to transfer such property to the Department at no cost. Prescribes conditions on the transfer of Lorton property east of Ox Road (Route 123). Requires the transfer at no cost to the Northern Virginia Regional Park Authority or the Fairfax County Park Authority of any property identified in the Fairfax County reuse plan for park purposes. Requires the GSA Administrator to report to specified congressional committees on related plans and costs. Authorizes appropriations.

Lorton Technical Corrections Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Decennial Census Improvement Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the Constitution requires that the number of persons in the Nation be enumerated every 10 years in order to permit the apportionment of Representatives among the several States; (2) information collected through a decennial census is also used to determine-- (A) the boundaries of congressional districts within States; (B) the boundaries of the districts for the legislature of each State and the boundaries of other political subdivisions within the States; and (C) the allocation of billions of dollars of Federal and State funds; (3) the Constitution requires that those enumerations be made in such manner as the Congress ``shall by law direct''; (4) in the 1990 decennial census, the Bureau of the Census used a combination of mail questionnaires and personal interviews, involving more than 350,000 enumerators, to collect the census data; (5) while the census cannot count everyone, the extent of the undercount varies by race and geography; for example, the Bureau estimates that the 1990 decennial census failed to count 5.7 percent of blacks and 1.3 percent of all others; (6) a number of lawsuits were filed challenging the accuracy of the 1990 decennial census, and in March 1996 the Supreme Court unanimously upheld the Secretary of Commerce's decision in July 1991 not to adjust the initial enumeration in the 1990 decennial census by using a postenumeration statistical survey; (7) on February 28, 1996, the Bureau announced that, for the 2000 decennial census, it plans to use a combination of mail questionnaires and personal interviews in each county until it has collected data from 90 percent of the households in the county, whereupon it would conduct interviews with respect to one-tenth of the remaining households in the county and use the information obtained from those interviews to make estimates with respect to the remaining nonresponding households; (8) certain witnesses testified, at a hearing held by the Committee on Government Reform and Oversight of the House of Representatives on February 29, 1996, that the Bureau's proposed sampling technique may increase the disparity in the undercount among either geographic areas (such as between rural and urban areas) or racial or ethnic groups (such as with respect to African Americans and Hispanic Americans, as compared to other groups); (9) the planning, conduct, and analysis of a decennial census often requires close to a period of 10 years; (10) the Bureau estimates that the proposed sampling technique will cost about $500 million less, over that period of time, than the $4.4 billion that it estimates would be spent over that same period if the method used in the 1990 decennial census were to be used (instead of such sampling technique) in the 2000 decennial census; and (11) the Chairman of the Panel on Census Requirements in the Year 2000 and Beyond of the National Academy of Sciences testified at the February 29th hearing that there is a trade- off between cost savings associated with using a sampling technique on the one hand, and adverse effects with respect to sampling variability, public perception, and political consequences, on the other. (b) Purposes.--It is the purpose of this Act to promote the accuracy of the 2000 decennial census, and public confidence with respect to the data obtained therefrom. SEC. 3. REQUIREMENTS. The 2000 decennial census shall be conducted in accordance with the following: (1) Direct contact must be attempted.--The Bureau shall attempt to contact every household directly (whether by mail or in person), and may use sampling as a substitute for direct contact in a particular census tract only after direct contact has been made with at least 90 percent of the households in such tract. (2) Greater use of non-federal resources.--The Bureau-- (A) shall seek to make more effective use of State and local government offices, as well as appropriate local groups, in order to reduce the undercount; and (B) shall include, as part of its report under section 141(f) of title 13, United States Code, next due after the date of the enactment of this Act, a description of the measures it intends to pursue to carry out subparagraph (A). SEC. 4. MEASURES TO FACILITATE THE RECRUITMENT OF TEMPORARY EMPLOYEES. (a) Exemption From Provisions Relating to Reemployed Annuitants and Former Members of the Uniformed Services.--Public Law 101-86 (13 U.S.C. 23 note) is amended-- (1) in section 1(b) and the long title by striking ``the 1990 decennial census'' and inserting ``the 2000 decennial census''; and (2) in section 4 by striking ``December 31, 1990.'' and inserting ``December 31, 2000.''. (b) Purposes for Which Compensation Shall Not Be Taken Into Account.--Compensation for services performed by an individual appointed to a temporary position in or under the Bureau for purposes relating to the 2000 decennial census (if the position is so designated by the Bureau, in writing, at the time of such individual's appointment) shall not be taken into account for purposes of any of the following: (1) Any State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (2) Medical assistance provided pursuant to title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) The Food stamp program, within the meaning of section 3(h) of the Food Stamp Act of 1977 (42 U.S.C. 2012(h)). (4) Any program for housing assistance administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture. (5) Assistance under-- (A) the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); or (B) the school lunch program under the National School Lunch Act (42 U.S.C. 1751 et seq.). (6) Assistance under the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (7) Assistance under title II of the Job Training Partnership Act (29 U.S.C. 1601 et seq.). (8) Any Head Start program under the Head Start Act (42 U.S.C. 9831 et seq.). (9) Assistance provided pursuant to the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``census'' means a census of population within the meaning of section 141(g) of title 13, United States Code; (2) the term ``Bureau'' means the Bureau of the Census; and (3) the term ``census tract'' means a statistical subdivision as defined by the Bureau for purposes of the 1990 decennial census.

Decennial Census Improvement Act of 1996 - Requires the Bureau of the Census, in conducting the 2000 decennial census, to: (1) attempt to contact every household directly, whether by mail or in person (and allows the use of sampling as a substitute for direct contact in a particular census tract only after direct contact has been made with at least 90 percent of the households in such tract); and (2) seek to make more effective use of State and local government offices and appropriate local groups to reduce the undercount and include in a specified report a description of the measures it intends to carry out such requirement. Modifies Federal law regarding exemptions for reemployed annuitants and former uniformed service members to make such law: (1) applicable to service in any temporary position within the Bureau established for purposes relating to the 2000 decennial census; and (2) inapplicable to any service performed after December 31, 2000. Prohibits taking into account compensation for services performed by an individual appointed to a temporary position in or under the Bureau for purposes relating to the 2000 decennial census (if the position is so designated by the Bureau, in writing, at the time of such individual's appointment) for purposes of: (1) State programs for aid and services to needy families with children and for child- welfare services, and for certain medical assistance, under the Social Security Act; (2) the Food Stamp program; (3) certain programs for housing assistance; (4) specified assistance under the school breakfast and lunch programs, the special supplemental nutrition program for women, infants, and children, and the Job Training Partnership Act; (5) any Head Start program; and (6) assistance pursuant to the Low-Income Home Energy Assistance Act of 1981.

Decennial Census Improvement Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Artificial Reef Promotion Act of 2013''. SEC. 2. PERMITS FOR CONSTRUCTION AND MANAGEMENT OF ARTIFICIAL REEFS. Section 205 of the National Fishing Enhancement Act of 1984 (33 U.S.C. 2104) is amended-- (1) by redesignating subsections (b) through (e) as subsections (d) through (g), respectively; and (2) by striking subsection (a) and inserting the following: ``(a) Action on Permits.-- ``(1) In general.--In issuing a permit for an artificial reef under section 10 of the Act entitled `An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes', approved March 3, 1899 (commonly known as the `Rivers and Harbors Appropriation Act of 1899') (33 U.S.C. 403), section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), or section 4(e) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(e)), the Secretary shall-- ``(A) consult with and consider the views of appropriate Federal agencies, States, local governments, and other interested parties; ``(B) ensure that the provisions for siting, constructing, monitoring, and managing the artificial reef are consistent with the criteria and standards established under this Act; ``(C) ensure that the title to the artificial reef construction material is unambiguous, and that responsibility for maintenance and the financial ability to assume liability for future damages are clearly established; ``(D) ensure that a State assuming liability under subparagraph (C) has established an artificial reef maintenance fund; and ``(E) consider the plan developed under section 204 and notify the Secretary of Commerce of any need to deviate from that plan. ``(2) Regulations.-- ``(A) In general.--Not later than 180 days after the date of enactment of this paragraph, the Directors shall promulgate regulations that expedite the review of a final application such that a decision is rendered not later than 150 days after the date on which the application is submitted. ``(B) Regulations promulgated by the commanding general.--Not later than 180 days after the date of enactment of the Artificial Reef Promotion Act of 2013, the Commanding General shall promulgate regulations that expedite the review of a final application by the Secretary such that a decision is rendered not later than 120 days after the date on which the application is submitted. ``(b) Siting.-- ``(1) Number.-- ``(A) In general.--Not later than 1 year after the date of enactment of the Artificial Reef Promotion Act of 2013, the Commanding General shall, in consultation with the Directors and appropriate State agencies, designate not fewer than 20 artificial reef planning areas. ``(B) Gulf states.--Of the artificial reef planning areas described in subparagraph (A)-- ``(i) 6 shall be located outside the seaward boundary of the State of Texas; ``(ii) 6 shall be located outside the seaward boundary of the State of Louisiana; ``(iii) 3 shall be located outside the seaward boundaries of the State of Alabama and State of Mississippi; and ``(iv) 5 shall be located outside the seaward boundary of the State of Florida. ``(C) Inclusions.--The sites described in subparagraph (A) include any artificial reef planning area existing on the day before the date of enactment of the Artificial Reef Promotion Act of 2013 if the boundaries and area of the site are modified to meet the requirements of this Act. ``(2) Boundaries and proximity to shoreline.-- ``(A) In general.--The Directors shall, in consultation with the Commanding General and appropriate State agencies-- ``(i) ensure that each artificial reef planning area described in paragraph (1)(A)-- ``(I) is sited a reasonable proximity to the shoreline, as determined by the Directors; and ``(II) includes as many platforms as practical, as determined by the Directors; and ``(ii) determine the appropriate size and boundaries for each site. ``(B) Minimum area.-- ``(i) In general.--Each artificial reef planning area described in paragraph (1)(A) shall be not smaller than 12 contiguous lease blocks. ``(ii) Application.--Clause (i) shall apply to any artificial reef planning area existing before, on, or after the date of enactment of the Artificial Reef Promotion Act of 2013. ``(3) Distance between sites.-- ``(A) In general.--Not later than 180 days after the date of enactment of the Artificial Reef Promotion Act of 2013, the Director of the Bureau of Safety and Environmental Enforcement shall promulgate a regulation that regulates the distance between platforms used as artificial reefs. ``(B) Maximum.--The distance contained in the regulation described in subparagraph (A) shall be not greater than 2 miles. ``(4) Depth.-- ``(A) In general.--Of the artificial reef planning areas described in paragraph (1)(A)-- ``(i) not fewer than 10 shall be located at a water depth of-- ``(I) not less than 100 feet; and ``(II) not greater than 200 feet; and ``(ii) not fewer than 10 shall be located at a water depth of greater than 200 feet. ``(B) Sites in water depth of not greater than 100 feet.--The Commanding General shall, in consultation with the Directors and appropriate State agencies, designate artificial reef planning areas, where practicable, at a water depth of not greater than 100 feet. ``(5) Requirements for permittees.-- ``(A) In general.--A person to whom a permit is issued under subsection (a)(1) shall-- ``(i) construct the artificial reef in an artificial reef site located in an artificial reef planning area described in paragraph (1)(A); ``(ii) comply with-- ``(I) any regulation promulgated by the Director of the Bureau of Safety and Environmental Enforcement relating to reef planning; ``(II) the plan developed under section 204; and ``(III) any applicable plan developed by a State; and ``(iii) if the person owns platforms, not later than 180 days after the date on which the Commanding General designates the artificial reef planning areas under paragraph (1), submit to the Director of the Bureau of Safety and Environmental Enforcement and appropriate State agencies notice that identifies 20 percent of the platforms to be used as artificial reefs. ``(B) Donated platforms.-- ``(i) In general.--A person described in subparagraph (A)(iii) shall include in a final application the artificial reef planning area and the artificial reef site in which the platforms described in subparagraph (A)(iii) will be located. ``(ii) Depth.--The area and site described in clause (i) shall be consistent with the depth requirements in paragraph (4). ``(iii) Area or site filled to capacity.-- If the Director of the Bureau of Safety and Environmental Enforcement or appropriate State agency determines that the area or site chosen by the person under clause (i) is filled to capacity, the person shall choose a different area or site. ``(6) Regulations.-- ``(A) Capacity of reef sites.--No regulation shall require that an artificial reef planning area described in paragraph (1)(A) be filled to capacity with platforms before another artificial reef planning area is established. ``(B) Minimum water depth.-- ``(i) In general.--The Secretary shall, in consultation with the Secretary of the department in which the Coast Guard is operating, promulgate regulations for the minimum water depth required to cover an artificial reef. ``(ii) Depth not greater than 85 feet.--If the minimum water depth described in clause (i) is not greater than 85 feet, the Secretary of the department in which the Coast Guard is operating shall-- ``(I) evaluate each artificial reef site to ensure that the site is properly marked to reduce any navigational hazard; ``(II) not later than 30 days on which a final application is submitted, review the application to ensure that the artificial reef site will contain the markings described in subclause (I); ``(III) indicate on appropriate nautical charts the location of each artificial reef planning area and artificial reef site; and ``(IV) provide mariners with notice of the location of each artificial reef site in a manner that the Secretary of the department in which the Coast Guard is operating determines is appropriate. ``(7) Review.--Not later than 3 years after the date of enactment of the Artificial Reef Promotion Act of 2013, the Director of the Bureau of Safety and Environmental Enforcement, shall review the artificial reef planning areas described in paragraph (1)(A) to determine the effectiveness of using decommissioned platforms as artificial reefs. ``(c) Preference Given to Applications Seeking To Use Decommissioned Platforms as Artificial Reefs.--The Regional Supervisor shall give preference to a final application. ``(d) Regulations Governing Decommissioned Platforms.--Any regulation in effect on the date of enactment of the Artificial Reef Promotion Act of 2013 that governs the decommissioning or removal of a platform that is not being decommissioned for use as an artificial reef shall continue to govern the decommissioning or removal of the platform.''. SEC. 3. DEFINITIONS. Section 206 of the National Fishing Enhancement Act of 1984 (33 U.S.C. 2105) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (11) and (12), respectively; and (2) by inserting after paragraph (1) the following: ``(2) Artificial reef.--The term `artificial reef' means a structure that is constructed or placed in the Gulf of Mexico for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities. ``(3) Artificial reef planning area.--The term `artificial reef planning area' means a designated area within which artificial reef sites may be located when-- ``(A) a person obtains all appropriate permits; and ``(B) each platform located in the artificial reef site is appropriately prepared. ``(4) Artificial reef site.--The term `artificial reef site' means an area within an artificial reef planning area that has been cleared to have decommissioned platforms placed in the boundaries of the artificial reef planning area to be used as an artificial reef. ``(5) Commanding general.--The term `Commanding General' means the Commanding General of the Corps of Engineers. ``(6) Decommissioning.--The term `decommission' includes removing and moving a platform to an artificial reef site. ``(7) Directors.--The term `Directors' means-- ``(A) the Director of the Bureau of Safety and Environmental Enforcement; and ``(B) the Director of the Bureau of Ocean Energy Management. ``(8) Final application.--The term `final application' means a final application submitted to dispose of or remove a platform for use as an artificial reef under section 250.1727(g) of title 30, Code of Federal Regulations (or successor regulations). ``(9) Platform.--The term `platform' means an offshore oil and gas platform in the Gulf of Mexico. ``(10) Secretary.--The term `Secretary' means the Secretary of the Interior.''. SEC. 4. SAVINGS CLAUSES. Section 208 of the National Fishing Enhancement Act of 1984 (33 U.S.C. 2106) is amended by adding after subsection (b) the following: ``(c) Miscellaneous.--Nothing in this Act shall-- ``(1) hinder or invalidate-- ``(A) the transfer of liability to the person to whom title of a platform is transferred when the platform is donated or becomes an artificial reef; and ``(B) any term or condition of any existing lease; and ``(2) require that-- ``(A) a platform be left standing above the surface of the water; and ``(B) an owner of a platform notify any party, other than the Directors and the appropriate State agencies that coordinate with the Commanding General, of any plan to decommission a platform before abandonment operations commence.''.

Artificial Reef Promotion Act of 2013 - Amends the National Fishing Enhancement Act of 1984 to require the Secretary of the Army, in issuing a permit for artificial reefs, to ensure that a state assuming liability for future damages has established an artificial reef maintenance fund. Requires the Director of the Bureau of Safety and Environmental Enforcement and the Director of the Bureau of Ocean Energy Management to promulgate regulations that expedite the review of a final application submitted to dispose of or remove an offshore oil and gas platform in the Gulf of Mexico for use as an artificial reef by requiring that a decision be made within 150 days after the submission of such application. Requires the Commanding General of the Corps of Engineers to promulgate regulations that expedite the review of a final application by the Secretary by requiring a decision to be given within 120 days after the submission of such application. Directs the Commanding General to designate no fewer than 20 artificial reef planning areas. Specifies location and depth requirements for such artificial reefs, including the number of areas that should be located outside the seaward boundary of each of the Gulf states. Revises siting compliance requirements imposed upon permittees. Prohibits regulations from requiring an artificial reef planning area to be filled to capacity with offshore oil and gas platforms in the Gulf of Mexico before another artificial reef planning area is established. Requires the Regional Supervisor to give preference to a final application submitted to dispose of or remove a platform for use as an artificial reef.

Artificial Reef Promotion Act of 2013

SECTION 1. CROP DISASTER ASSISTANCE. (a) Definitions.--In this section: (1) Additional coverage.--The term ``additional coverage'' has the meaning given the term in section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)). (2) Insurable commodity.--The term ``insurable commodity'' means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (3) Noninsurable commodity.--The term ``noninsurable commodity'' means an agricultural commodity for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (b) Emergency Financial Assistance.--Notwithstanding section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm that have incurred qualifying crop or quality losses for the 2003 or 2004 crop (as elected by a producer), but not both crops, due to damaging weather or related condition, as determined by the Secretary. (c) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (d) Ineligibility for Assistance.--Except as provided in subsection (e), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm-- (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop incurring the losses. (e) Contract Waiver.--The Secretary may waive subsection (d) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree-- (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) providing additional coverage for the insurable commodity for each of the next 2 crops; and (2) in the case of a noninsurable commodity, to file the required paperwork and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (f) Effect of Violation.--In the event of the violation of a contract under subsection (e) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section. (g) Payment Limitations.-- (1) Limit on amount of assistance.--Assistance provided under this section to a producer for losses to a crop, together with the amounts specified in paragraph (2) applicable to the same crop, may not exceed 95 percent of what the value of the crop would have been in the absence of the losses, as estimated by the Secretary. (2) Other payments.--In applying the limitation in paragraph (1), the Secretary shall include the following: (A) Any crop insurance payment made under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or payment under section 196 of the Federal Agricultural Improvement and Reform Act of 1996 (7 U.S.C. 7333) that the producer receives for losses to the same crop. (B) The value of the crop that was not lost (if any), as estimated by the Secretary. (3) Effect of florida disaster programs.--The amount of assistance that a producer would otherwise receive under this section shall be reduced by the amount of assistance that the producer receives for the same loss under the Florida Disaster Programs carried out pursuant to the Farm Service Agency notice (DAP-203) released October 4, 2004. SEC. 2. LIVESTOCK ASSISTANCE PROGRAM. (a) Emergency Financial Assistance.--The Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments for livestock losses to producers for 2003 or 2004 losses (as elected by a producer), but not both, in a county that has received an emergency designation by the President or the Secretary after January 1, 2003, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). (c) Mitigation.--In determining the eligibility for or amount of payments for which a producer is eligible under the livestock assistance program, the Secretary shall not penalize a producer that takes actions (recognizing disaster conditions) that reduce the average number of livestock the producer owned for grazing during the production year for which assistance is being provided. SEC. 3. TREE ASSISTANCE PROGRAM. (a) Emergency Assistance.--The Secretary of Agriculture shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance under the tree assistance program established under sections 10201 through 10204 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.) to producers who suffered tree losses during the period beginning on December 1, 2003, and ending on December 31, 2004. (b) Additional Assistance.--In addition to providing assistance to eligible orchardists under the tree assistance program, the Secretary shall use an additional $15,000,000 of the funds of the Commodity Credit Corporation to provide reimbursement under section 10203 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8203) to eligible forest land owners who produce periodic crops of timber from trees for commercial purposes and who have suffered tree losses during the period specified in subsection (a). SEC. 4. EMERGENCY CONSERVATION PROGRAM. The Secretary of Agriculture shall use an additional $50,000,000 of the funds of the Commodity Credit Corporation to provide assistance under the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.). Participants in the Emergency Conservation Program shall receive the maximum cost share percentage allowed under section 701.26 of title 7, Code of Federal Regulations. SEC. 5. COMMODITY CREDIT CORPORATION. The Secretary of Agriculture shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act. SEC. 6. REGULATIONS. (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 7. OFFSET. Section 1241(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(3)) is amended by inserting before the period at the end the following: ``, using not more than $6,037,000,000 for the period of fiscal years 2005 through 2014''.

Directs the Secretary of Agriculture to provide emergency financial assistance to agricultural producers who have incurred qualifying 2003 or 2004 crop losses due to weather or related conditions. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth: (1) waiver provisions; and (2) payment limitations, including reductions for amounts received under the Florida Disaster Programs. Directs the Secretary to provide payments to livestock producers who have incurred 2003 or 2004 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Directs the Secretary to provide assistance to commercial orchardists and tree farmers who have suffered losses during the December 1, 2003 through December 31, 2004 period. Directs the Secretary to provide assistance to emergency conservation program participants. Amends the Food Security Act of 1985 to limit Commodity Credit Corporation amounts available for the conservation security program for FY 2005 through 2014.

To respond to recent natural disasters adversely affecting agricultural producers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Infertility Treatment and Hope Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) infertility affects 6,100,000 men and women; (2) infertility is a disease which affects men and women with equal frequency; (3) approximately 1 in 10 couples cannot conceive without medical assistance; (4) recent medical breakthroughs make infertility a treatable disease; and (5) only 25 percent of all health plan sponsors provide coverage for infertility services. SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following: ``SEC. 714. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall ensure that coverage is provided for infertility benefits. ``(b) Infertility Benefits.--In subsection (a), the term `infertility benefits' at a minimum includes-- ``(1) diagnostic testing and treatment of infertility; ``(2) drug therapy, artificial insemination, and low tubal ovum transfers; ``(3) in vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer; and ``(4) any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. ``(c) In Vitro Fertilization.-- ``(1) Limitation.-- ``(A) In general.--Subject to subparagraph (B), coverage of procedures under subsection (b)(3) may be limited to 4 completed embryo transfers. ``(B) Additional transfers.--If a live birth follows a completed embryo transfer under a procedure described in subparagraph (A), not less than 2 additional completed embryo transfers shall be provided. ``(2) Requirement.--Coverage of procedures under subsection (b)(3) shall be provided if-- ``(A) the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and ``(B) the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine. ``(d) Prohibitions.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section; ``(2) provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section; or ``(3) provide incentives (monetary or otherwise) to a health care professional to induce such professional to withhold from a covered individual services described in subsection (a). ``(e) Rules of Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to benefits for services described in this section under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any similar service otherwise covered under the plan; ``(B) as requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational treatments of services described in this section, except to the extent that the plan or issuer provides coverage for other experimental or investigational treatments or services. ``(2) Limitations.--As used in paragraph (1), the term `limitation' includes restricting the type of health care professionals that may provide such treatments or services. ``(f) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (b) Clerical Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Required coverage for infertility benefits for federal employees health benefits plans.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2001. SEC. 4. PUBLIC HEALTH SERVICE ACT. (a) In General.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2707. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall ensure that coverage is provided for infertility benefits. ``(b) Infertility Benefits.--In subsection (a), the term `infertility benefits' at a minimum includes-- ``(1) diagnostic testing and treatment of infertility; ``(2) drug therapy, artificial insemination, and low tubal ovum transfers; ``(3) in vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer; and ``(4) any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. ``(c) In Vitro Fertilization.-- ``(1) Limitation.-- ``(A) In general.--Subject to subparagraph (B), coverage of procedures under subsection (b)(3) may be limited to 4 completed embryo transfers. ``(B) Additional transfers.--If a live birth follows a completed embryo transfer under a procedure described in subparagraph (A), not less than 2 additional completed embryo transfers shall be provided. ``(2) Requirement.--Coverage of procedures under subsection (b)(3) shall be provided if-- ``(A) the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and ``(B) the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine. ``(d) Prohibitions.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section; ``(2) provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section; or ``(3) provide incentives (monetary or otherwise) to a health care professional to induce such professional to withhold from a covered individual services described in subsection (a). ``(e) Rules of Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to benefits for services described in this section under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any similar service otherwise covered under the plan; ``(B) as requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational treatments of services described in this section, except to the extent that the plan or issuer provides coverage for other experimental or investigational treatments or services. ``(2) Limitations.--As used in paragraph (1), the term `limitation' includes restricting the type of health care professionals that may provide such treatments or services. ``(f) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (b) Individual Market.--Part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended-- (1) by redesignating the first subpart 3 (relating to other requirements) as subpart 2; and (2) by adding at the end of subpart 2 the following new section: ``SEC. 2753. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated on or after January 1, 2001. SEC. 5. REQUIRED COVERAGE FOR INFERTILITY BENEFITS FOR FEDERAL EMPLOYEES HEALTH BENEFITS PLANS. (a) Types of Benefits.--Section 8904(a)(1) of title 5, United States Code, is amended by adding at the end the following: ``(G) Infertility benefits.''. (b) Health Benefits Plan Contract Requirement.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) Each contract under this chapter shall include a provision that ensures infertility benefits as provided under this subsection. ``(2) Infertility benefits under this subsection shall include-- ``(A) diagnostic testing and treatment of infertility; ``(B) drug therapy, artificial insemination, and low tubal ovum transfers; ``(C) in vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer; and ``(D) any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. ``(3)(A)(i) Subject to clause (ii), procedures under paragraph (2)(C) shall be limited to 4 completed embryo transfers. ``(ii) If a live birth follows a completed embryo transfer, 2 additional completed embryo transfers shall be provided. ``(B) Procedures under paragraph (2)(C) shall be provided if-- ``(i) the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and ``(ii) the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine.''. (c) Effective Date.--The amendments made by this section shall apply to contract years beginning on or after January 1, 2001.

Prohibits group health plans and health insurance issuers from: (1) denying an individual eligibility or continuing eligibility to enroll or renew coverage because of the individual's or enrollee's use or potential use of items or services covered by this Act; (2) providing monetary payments or rebates to a covered individual to encourage the acceptance of less than minimum protections available under this Act; or (3) providing incentives to a health care professional to induce such professional to withhold infertility services from a covered individual. Amends the PHSA to apply infertility benefits provisions to health insurance coverage offered by an issuer in the individual market in the same manner as they are applied to coverage in the group market. Provides the infertility benefit coverage described by this Act for Federal employee health benefit plans as well.

Fair Access to Infertility Treatment and Hope Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Checkoff for Charity Act of 1998''. TITLE I--CHECKOFF FOR CHARITY SEC. 101. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR CHARITY. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR CHARITY ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) a specified portion (but not less than $1) of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be paid to an eligible organization, or for such use as is otherwise provided, under title II of the Checkoff for Charity Act of 1998. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end thereof the following new item: ``Part IX. Designation of overpayments and contributions for charity.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 102. CHECKOFF FOR CHARITIES TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. CHECKOFF FOR CHARITIES TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Checkoff for Charities Trust Fund', consisting of such amounts as may be appropriated or credited to the Checkoff for Charities Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to Checkoff for Charities Trust Fund of Amounts Designated.--There is hereby appropriated to the Checkoff for Charities Trust Fund amounts equivalent to the amounts designated under section 6097 and received in the Treasury. ``(c) Expenditures From Trust Fund.-- ``(1) In general.--The Secretary shall pay, not less often than quarterly, to the Checkoff for Charities Commission from the Checkoff for Charities Trust Fund an amount equal to the amount in such Fund as of the time of such payment less any administrative expenses of the Secretary which may be paid under paragraph (2). Amounts paid under this subsection shall be available only as provided in section 202 of the Checkoff for Charity Act of 1998. ``(2) Administrative expenses.--Amounts in the Checkoff for Charities Trust Fund shall be available to pay the administrative expenses of the Secretary of the Treasury directly allocable to-- ``(A) modifying the individual income tax return forms to carry out section 6097, ``(B) carrying out this chapter with respect to such Fund, and ``(C) processing amounts received under section 6097 and transferring such amounts to such Fund.''. (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end the following new item: ``Sec. 9511. Checkoff for Charities Trust Fund.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. TITLE II--CHECKOFF FOR CHARITY COMMISSION SEC. 201. ESTABLISHMENT. There is established in the Department of Commerce a commission to be known as the ``Checkoff for Charity Commission'' (hereafter in this title referred to as the ``Commission''). SEC. 202. DUTIES. (a) In General.--The Commission, in consultation with the Secretary of the Treasury, shall make arrangements for voluntary charitable, health, and welfare agencies that provide or support direct health and welfare services to individuals or their families to solicit contributions through designations made on returns of individual income tax. Such arrangements shall-- (1) to the extent practicable, be similar to arrangements made by the Office of Personnel Management with respect to the annual Combined Federal Campaign; and (2) be limited to the types of organizations specified in Executive Order 12353 (March 23, 1982), as amended by Executive Order 12404 (February 10, 1983). (b) Amounts Designated For Specific Organizations.--The Commission shall ensure that amounts designated on a return of tax for a specific organization are paid to that organization not later than 90 days after the date on which the Commission receives such designation. (c) Amounts Not Designated For Specific Organizations.-- (1) In general.--In the case of amounts designated as a contribution on a return of tax but not designated for a specific organization the Commission-- (A) may retain and use not more than one percent of such amounts to carry out this Act, and (B) from the excess of the aggregate of such amounts for a year over the amount retained under paragraph (1), shall determine which of the organizations eligible to receive designations for a year under subsection (a) will receive all or a portion of such contribution. (2) Criteria for selecting organizations.--In carrying out paragraph (1)(B), the Commission shall use the criteria set forth in Executive Order 12353 (March 23, 1982), as amended by Executive Order 12404 (February 10, 1983). SEC. 203. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed by the President from individuals who are not officers or employees of any organization that receives funding pursuant to this Act. Members on the Commission shall be broadly representative of the ethnic, religious, majority, and minority groups comprising the United States. (b) Waiver of Limitation on Executive Schedule Positions.-- Appointments may be made under this section without regard to section 5311(b) of title 5, United States Code. (c) Political Affiliation.--Not more than 8 members appointed may be of the same political party. (d) Terms.-- (1) In general.--Each member shall be appointed for a term of six years, except as provided in paragraphs (2) and (3). (2) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- (A) five shall be appointed for terms of two years; (B) five shall be appointed for terms of four years; and (C) five shall be appointed for terms of six years. (3) Vacancies.--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 that member's term until a successor has taken office. (e) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members shall serve without pay. (2) Prohibition of compensation of federal employees.-- 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. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--Eight members of the Commission shall constitute a quorum but a lesser number may hold hearings. (h) Chairman; Vice Chairman.--The Chairman and Vice Chairman of the Commission shall be designated by the President at the time of the appointment. The term of office of the Chairman shall be three years. (i) Meetings.--The Commission shall meet at the call of the Chairman or a majority of its members. SEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by Commission. The Director shall be paid at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule. (b) Staff.--Subject to rules prescribed by the Commission, and without regard to section 5311(b) of title 5, United States Code, the Director may appoint additional personnel as the Director considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission 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 provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Experts and Consultants.--Subject to rules prescribed by the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the rate of basic pay payable for level V of the Executive Schedule. (e) Staff of Federal Agencies.--Upon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 205. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman or Vice Chairman of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Chairman. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. 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 Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. 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 Commission 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 be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (h) Immunity.--Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing about which that person is compelled to testify or relating to which that person is compelled to produce evidence, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. (i) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for property and services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 206. ANNUAL REPORTS. The Commission shall transmit an annual report to the Secretary of Commerce and the Congress not later than December 31 of each year. Each such report shall contain a detailed statement of activities of the Commission during the fiscal year ending in the year in which such report is required to be submitted. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each of the first two fiscal years beginning after the date of the enactment of this Act such sums as may be necessary for startup costs for the Commission to carry out this Act.

TABLE OF CONTENTS: Title I: Checkoff for Charity Title II: Checkoff for Charity Commission Checkoff for Charity Act of 1998 - Title I: Checkoff for Charity - Amends the Internal Revenue Code to permit taxpayers to designate contributions to charities on their tax returns. Establishes the Checkoff for Charities Trust Fund. Title II: Checkoff for Charity Commission - Establishes in the Department of Commerce the Checkoff for Charity Commission which shall make arrangements for voluntary charitable, health, and welfare agencies that provide or support direct health and welfare services to individuals or their families to solicit contributions through designations made on individual tax returns. Requires annual reports from the Commission. Authorizes appropriations.

Checkoff for Charity Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Initiative Act of 2006''. SEC. 2. OFFICE OF RURAL BROADBAND INITIATIVES. (a) In General.--Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended-- (1) by redesignating section 601 as section 603; and (2) by inserting before section 603 the following: ``SEC. 601. DEFINITIONS. ``In this title: ``(1) Office.--The term `Office' means the Office of Rural Broadband Initiatives established by section 602(a)(1). ``(2) Under secretary.--The term `Under Secretary' means the Under Secretary for Rural Broadband Initiatives appointed under section 602(a)(2). ``SEC. 602. OFFICE OF RURAL BROADBAND INITIATIVES. ``(a) Establishment.-- ``(1) In general.--There is established in the Department of Agriculture an office to be known as the `Office of Rural Broadband Initiatives'. ``(2) Under secretary.--The head of the Office shall be the Under Secretary for Rural Broadband Initiatives, who shall-- ``(A) be appointed by the President, by and with the advice and consent of the Senate; and ``(B) report directly to the Secretary. ``(b) Responsibilities.-- ``(1) In general.--The Under Secretary shall-- ``(A) as of the date of enactment of this section, administer all rural broadband-related grant and loan programs previously administered by the Administrator of the Rural Utilities Service, including-- ``(i) the rural broadband access loan and loan guarantee program established under section 603; and ``(ii) the Community Connect Grant Program described in subpart A of part 1739 of title 7, Code of Federal Regulations (or successor regulations). ``(2) Requirements.--The Under Secretary shall-- ``(A) conduct extensive, nationwide outreach to rural areas; ``(B) foster the development of a comprehensive rural broadband strategic vision; ``(C) plan coordination of Federal resources for State, regional, and local governments to assist citizens living and working in rural areas; ``(D) assess all relevant technologies (including WiFi, WIMAX, DSL, cable, satellite, fiber, optical fiber, and broadband) over power lines, as the technologies are able to support in whole or in part rural broadband needs and requirements; ``(E) serve as a single information source for all rural broadband programs and services administered by Federal agencies; and ``(F) provide technical assistance to State, regional, and local governments to develop broadband deployment strategies. ``(c) Comprehensive Rural Broadband Strategy.-- ``(1) In general.--Not later than 180 days after the appointment of the first Under Secretary, the Under Secretary shall submit to the President and Congress a report describing comprehensive rural broadband strategy that includes-- ``(A) recommendations-- ``(i) to promote interagency coordination of Federal agencies in regards to policies, procedures, and targeted resources, and to improve and streamline the polices, programs, and services; ``(ii) to coordinate among Federal agencies regarding existing rural broadband or rural initiatives that could be of value to rural broadband development; ``(iii) to address both short- and long- term solutions and needs assessments for a rapid build-out of rural broadband solutions and applications for Federal, State, regional, and local government policy makers; ``(iv) to identify how specific Federal agency programs and resources can best respond to rural broadband requirements and overcome obstacles that currently impede rural broadband deployment; and ``(v) to promote successful model deployments and appropriate technologies being used in rural areas so that State, regional, and local governments can benefit from the cataloging and successes of other State, regional, and local governments; and ``(B) a description of goals and timeframes to achieve the strategic plans and visions identified in the report. ``(2) Updates.--The Under Secretary shall update and evaluate the report described in paragraph (1) on an annual basis. ``(d) National Rural Broadband Innovation Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the `National Rural Broadband Innovation Fund' (referred to in this subsection as the `Fund'), consisting of-- ``(A) such amounts as are appropriated to the Fund under paragraph (5); and ``(B) any interest earned on investment of amounts in the Fund under paragraph (4). ``(2) Use of fund.-- ``(A) In general.--The Under Secretary shall use the amounts in the Fund to fund experimental and pilot rural broadband projects and applications, including WiFi, WIMAX, DSL, cable, satellite, fiber, optical fiber, and broadband delivery over power lines. ``(B) Report.--Not later than 90 days after the date of appointment of the first Under Secretary, the Under Secretary shall submit to Congress a report that describes-- ``(i) proposed rules for the administration of the Fund; and ``(ii) proposed qualification guidelines for projects to receive funding under this subsection. ``(3) Expenditures from fund.-- ``(A) In general.--Subject to subparagraph (B), on request by the Under Secretary, the Secretary of the Treasury shall transfer from the Fund to the Under Secretary such amounts as the Under Secretary determines are necessary to fund projects under paragraph (2). ``(B) 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 subsection. ``(4) Investment of amounts.-- ``(A) 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. ``(B) Interest-bearing obligations.--Investments may be made only in interest-bearing obligations of the United States. ``(C) Acquisition of obligations.--For the purpose of investments under subparagraph (A), obligations may be acquired-- ``(i) on original issue at the issue price; or ``(ii) by purchase of outstanding obligations at the market price. ``(D) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. ``(E) 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. ``(5) Authorization of appropriations.--There is authorized to be appropriated to the Fund $20,000,000 for each of fiscal years 2007 through 2011. ``(e) Rural Broadband Advisory Panel.-- ``(1) In general.--Not later than 60 days after the date of appointment of the first Under Secretary, the Under Secretary shall submit to Congress a plan to establish a Rural Broadband Advisory Panel (referred to in this subsection as the `Panel'). ``(2) Chairperson.--The Panel shall be chaired by the Under Secretary or a designee. ``(3) Membership.--The Panel shall be composed of representatives of-- ``(A) State government; ``(B) local government; ``(C) communications equipment vendors (including broadband data service providers); ``(D) public utility services; ``(E) local exchange carriers; ``(F) wireless carriers; ``(G) satellite communications services; and ``(H) other appropriate public or private sector entities, as determined by the Under Secretary. ``(4) Meetings.--The Panel shall meet not less than 4 times each year. ``(5) Duties.--The Advisory Panel shall-- ``(A) assist the Under Secretary in updating the annual report described in subsection (c)(2); ``(B) evaluate the effectiveness of all Federal broadband assistance programs and policies aimed at fostering broadband access in rural and underserved areas; ``(C) evaluate best practices employed at the State and local government level to foster broadband access in rural and underserved areas; and ``(D) cooperate with the Under Secretary in addressing and evaluating issues determined by the Under Secretary to be critical to fostering broadband access and connectivity in rural and underserved areas. ``(f) Web-Based Clearinghouse.--The Under Secretary shall establish a comprehensive and interactive rural broadband Web-based clearinghouse that describes options, opportunities, resources, successful public- private partnerships, comprehensive funding sources, and technology tutorials for rural broadband, including-- ``(1) case studies; ``(2) descriptions of best practices; ``(3) assessments of various technology solutions; ``(4) feasibility studies; ``(5) applications, including telework, telemedicine, distance learning, training, homeland security, senior citizen connectivity and program development, and business and economic development; ``(6) rural broadband options and policies analysis; and ``(7) support for networks among rural communities and economic development agencies.''. (b) Conforming Amendments.--Section 603 of the Rural Electrification Act of 1936 (as redesignated by subsection (a)(1)) is amended-- (1) in subsection (d)(2), by striking ``Administrator'' and inserting ``Under Secretary''; and (2) in subsection (i)-- (A) by striking ``Administrator'' each place it appears and inserting ``Under Secretary''; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (C) by striking ``Not later than'' and inserting the following: ``(1) In general.--Not later than''; and (D) by adding at the end the following: ``(2) Rules revision.-- ``(A) In general.--Not later than 60 days after the date of appointment of the first Under Secretary, the Under Secretary shall submit to Congress a revision of the rules and qualification criteria for the loan and loan guarantee program under this section. ``(B) Requirements.--In preparing the revision, the Under Secretary shall-- ``(i) emphasize streamlining the application process and processing time; ``(ii) ensure that the financial requirements for applicants do not unduly disqualify applicants that have demonstrated a viable business plan; and ``(iii) not diminish the mission of the program to deliver broadband service to underserved rural areas.''. SEC. 3. SUFFICIENCY OF RESOURCES. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to Congress a report describing the resources and staff necessary to carry out this Act and the amendments made by this Act. (b) Preparation of Report.--The Secretary shall provide the Office for Emergency Communications the resources and staff necessary to carry out this section. (c) Comptroller General Review.-- (1) In general.--The Comptroller General of the United States shall review the report submitted under subsection (a) for validity. (2) Report.--Not later than 30 days after the date on which the report is submitted under subsection (a), the Comptroller General of the United States shall submit to Congress a report containing the findings of the review under paragraph (1).

Rural Broadband Initiative Act of 2006 - Amends the Rural Electrification Act of 1936 to establish in the Department of Agriculture the Office of Rural Broadband Initiatives, to be headed by the Under Secretary for Rural Broadband Initiatives. States that the Under Secretary shall: (1) administer all rural broadband-related grant and loan programs previously administered by the Administrator of the Rural Utilities Service, including the rural broadband access loan and loan guarantee program and the community connect grant program; (2) conduct rural outreach; (3) foster development of a comprehensive rural broadband strategic vision; (4) assess relevant technologies; (5) serve as a single information source for all federal rural broadband programs and services; and (6) provide technical assistance to state, regional, and local governments to develop broadband deployment strategies. Directs the Under Secretary to submit a comprehensive rural broadband strategy report to the President and to Congress.

A bill to amend the Rural Electrification Act of 1936 to establish an Office of Rural Broadband Initiatives in the Department of Agriculture, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Insurance Act of 1999''. SEC. 2. DEDUCTION FOR LONG-TERM CARE PREMIUMS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. ELIGIBLE PREMIUMS ON QUALIFIED LONG-TERM CARE INSURANCE CONTRACTS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the applicable percentage of the eligible long-term care premiums (as defined in section 213(d)(10)) paid during the taxable year for coverage under a qualified long-term care insurance contract for the taxpayer, his spouse, and dependents. ``(b) Applicable Percentage.--For purposes of subsection (a), the term `applicable percentage' means the percentage determined under the following table: ``For taxable years beginning in The applicable percentage is-- calendar year-- 2001.......................................... 20 2002.......................................... 40 2003.......................................... 60 2004.......................................... 80 2005 and thereafter........................... 100. ``(c) Special Rules.-- ``(1) Coordination with medical deduction.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a). ``(2) Coordination with deduction for health insurance costs of self-employed individuals.--No deduction shall be allowed under this section for any amount for which a deduction is allowable under section 162(l). ``(3) Denial of deduction to dependents.--No deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins.'' (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new paragraph: ``(18) Eligible long-term care premiums.--The deduction allowed by section 222.'' (c) Reduction in Earned Income Credit to Taxpayers Without Children as Offset for Reduction in Revenues.--Subparagraph (A) of section 32(b)(1) of such Code is amended by striking ``7.65'' and inserting ``3.825''. (d) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Eligible premiums on qualified long-term care insurance contracts. ``Sec. 223. Cross reference.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. REVISION OF MEDICAID LIMITATION. (a) In General.--Section 1917(b)(1)(C) of the Social Security Act (42 U.S.C. 1396p(b)(1)(C)) is amended-- (1) in clause (i), by inserting ``or clause (iii)'' after ``such clause''; and (2) by adding at the end the following new clause: ``(iii) In the case of an individual who receives medical assistance under a State plan not described in clause (ii) of a State which has a State plan amendment approved which provides for the disregard of any assets or resources in the manner described in such clause, clause (i) shall not apply to 75 percent of the amounts of the assets or resources so disregarded.''. (b) Effective Date.--The amendments made by subsection (a) take effect on the date of the enactment of this Act. SEC. 4. DISSEMINATING INFORMATION ABOUT LONG-TERM CARE POLICIES AND MEDICARE COVERAGE. (a) Findings.--The Congress finds the following: (1) As the baby boom generation begins to retire, funding Social Security and Medicare will put a strain on the financial resources of younger Americans. (2) Medicaid was designed as a program for the poor, but in many States Medicaid is being used for middle income elderly people to fund long-term care expenses. (3) In the coming decade, people over age 65 will represent up to 20 percent or more of the population, and the proportion of the population composed of individuals who are over age 85, who are most likely to be in need of long-term care, may double or triple. (4) With nursing home care now costing $40,000 to $50,000 on average per year, long-term care expenses can have a catastrophic effect on families, wiping out a lifetime of savings before a spouse, parent, or grandparent becomes eligible for Medicaid. (5) Many people are unaware that most long-term care costs are not covered by Medicare and that Medicaid covers long-term care only after the person's assets have been exhausted. (6) Widespread use of private long-term care insurance has the potential to protect families from the catastrophic costs of long-term care services while, at the same time, easing the burden on Medicaid as the baby boom generation ages. (7) The Federal Government has endorsed the concept of private long-term care insurance by establishing Federal tax rules for tax-qualified policies in the Health Insurance Portability and Accountability Act of 1996. (8) The Federal Government has ensured the availability of quality long-term care insurance products and sales practices by adopting strict consumer protections in the Health Insurance Portability and Accountability Act of 1996. (b) Dissemination of Information.-- (1) In general.--The Administrator of the Social Security Administration, in cooperation with the Administrator of the Health Care Financing Administration, shall take all appropriate steps to inform the public-- (A) about the financial risks posed by rapidly increasing long-term care costs and about the need for families to plan for their long-term care needs; and (B) that Medicare does not cover most long-term care costs and that Medicaid covers long-term care costs only when the beneficiary has exhausted his or her assets. (2) Encouragement of employer-sponsored coverage.--The Secretary of Labor, in cooperation with the Administrator of the Health Care Financing Administration, shall take all appropriate steps not only to encourage employers to offer private long-term care insurance coverage to employees, but also to encourage both working-aged people and older citizens to obtain long-term care insurance either through their employers or on their own.

Provides that such deduction shall: (1) not be part of the medical deduction; (2) not be available if used as part of the self-employed health insurance deduction; and (3) be available to nonitemizers and itemizers. Reduces the earned income percentage for taxpayers without children. Amends the Social Security Act, with respect to long-term care policy benefits, to exempt 75 percent of certain disregarded assets from State Medicaid recovery. Directs the: (1) Commissioner of the Social Security Administration to inform the public about the financial risks and costs of long-term care costs, and the limited coverage provided under Medicaid and Medicare; and (2) Secretary of Labor to encourage employer-sponsored long-term coverage.

Long-Term Care Insurance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price Reduction Through Increased Refinery Capacity Act of 2005''. SEC. 2. INCENTIVES FOR INVESTMENT IN OIL REFINERIES. (a) Election to Expense Qualified Refineries.-- (1) In general.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 179B the following new section: ``SEC. 179C. ELECTION TO EXPENSE CERTAIN REFINERIES. ``(a) Treatment as Expenses.--A taxpayer may elect to treat the cost of any qualified refinery property as an expense which is not chargeable to a capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified refinery is placed in service. ``(b) Election.-- ``(1) In general.--An election under this section for any taxable year shall be made on the taxpayer's return of the tax imposed by this chapter for the taxable year. Such election shall be made in such manner as the Secretary may by regulations prescribe. ``(2) Election irrevocable.--Any election made under this section may not be revoked except with the consent of the Secretary. ``(c) Qualified Refinery Property.--The term `qualified refinery property' means any refinery or portion of a refinery-- ``(1) with respect to the construction of which there is a binding construction contract before January 1, 2008, ``(2) which is placed in service by the taxpayer before January 1, 2012, ``(3) in the case of any portion of a refinery, which meets the requirements of subsection (d), and ``(4) which meets all applicable environmental laws in effect on the date such refinery or portion thereof was placed in service. A waiver under the Clean Air Act shall not be taken into account in determining whether the requirements of paragraph (4) are met. ``(d) Production Capacity.--The requirements of this subsection are met if the portion of the refinery-- ``(1) increases the rated capacity of the existing refinery by 5 percent or more over the capacity of such refinery as reported by the Energy Information Agency on January 1, 2005, or ``(2) enables the existing refinery to process qualified fuels (as defined in section 29(c)) at a rate which is equal to or greater than 25 percent of the total throughput of such refinery on an average daily basis. ``(e) Ineligible Refineries.--No deduction shall be allowed under subsection (a) for any qualified refinery property-- ``(1) the primary purpose of which is for use as a topping plant, asphalt plant, lube oil facility, crude or product terminal, or blending facility, or ``(2) which is built solely to comply with Federally mandated projects or consent decrees.''. (2) Conforming amendment.--The table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 179B the following new item: ``Sec. 179C. Election to expense certain refineries.''. (b) Class Life for Refineries.-- (1) In general.--Subparagraph (B) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 5-year property) is amended by striking ``and'' at the end of clause (v), by striking the period at the end of clause (vi) and inserting ``, and'', and by adding at the end the following new clause: ``(vii) any petroleum refining property.''. (2) Petroleum refining asset.--Section 168(i) of such Code is amended by adding at the end the following new paragraph: ``(17) Petroleum refining property.-- ``(A) In general.--The term `petroleum refining property' means any asset for petroleum refining, including assets used for the distillation, fractionation, and catalytic cracking of crude petroleum into gasoline and its other components. ``(B) Asset must meet environmental laws.--Such term shall not include any asset which does not meet all applicable environmental laws in effect on the date such asset was placed in service. For purposes of the preceding sentence, a waiver under the Clean Air Act shall not be taken into account in determining whether the applicable environmental laws have been met. ``(C) Special rule for mergers and acquisitions.-- Such term shall not include any asset with respect to which a deduction was taken under subsection (e)(3)(B) by any other taxpayer in any preceding year.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to refineries placed in service after the date of the enactment of this Act. (2) Exception.--The amendments made by this section shall not apply to any refinery with respect to which the taxpayer has entered into a binding contract for the construction thereof on or before the date of the enactment of this Act.

Gas Price Reduction Through Increased Refinery Capacity Act of 2005 - Amends the Internal Revenue Code to allow taxpayers to elect to expense (i.e., deduct in the current taxable year) the cost of qualified refinery property placed in service before January 1, 2012, or under a binding construction contract before January 1, 2008. Requires that such refinery meet specified production levels and comply with all applicable environmental laws Classifies petroleum refining property as five-year property for depreciation purposes.

A bill to amend the Internal Revenue Code of 1986 to modify the treatment of depreciation of refinery property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Student Athletes from Concussions Act of 2018''. SEC. 2. MINIMUM STATE REQUIREMENTS. (a) Minimum Requirements.--Each State that receives funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and does not meet the requirements described in this section, as of the date of enactment of this Act, shall, not later than the last day of the fifth full fiscal year after the date of enactment of this Act (referred to in this Act as the ``compliance deadline''), enact legislation or issue regulations establishing the following minimum requirements: (1) Local educational agency concussion safety and management plan.--Each local educational agency in the State, in consultation with members of the community in which such agency is located, shall develop and implement a standard plan for concussion safety and management that-- (A) educates students, parents, and school personnel about concussions, through activities such as-- (i) training school personnel, including coaches, teachers, athletic trainers, related services personnel, and school nurses, on concussion safety and management, including training on the prevention, recognition, and academic consequences of concussions and response to concussions; and (ii) using, maintaining, and disseminating to students and parents-- (I) release forms and other appropriate forms for reporting and record keeping; (II) treatment plans; and (III) prevention and post-injury observation and monitoring fact sheets about concussion; (B) encourages supports, where feasible, for a student recovering from a concussion (regardless of whether or not the concussion occurred during school- sponsored activities, during school hours, on school property, or during an athletic activity), such as-- (i) guiding the student in resuming participation in athletic activity and academic activities with the help of a multi- disciplinary concussion management team, which may include-- (I) a health care professional, the parents of such student, a school nurse, relevant related services personnel, and other relevant school personnel; and (II) an individual who is assigned by a public school to oversee and manage the recovery of such student; and (ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on the student; and (C) encourages the use of best practices designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, such as-- (i) disseminating information on concussion safety and management to the public; and (ii) applying uniform best practice standards for concussion safety and management to all students enrolled in public schools. (2) Posting of information on concussions.--Each public elementary school and each public secondary school shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that-- (A) is based on peer-reviewed scientific evidence (such as information made available by the Centers for Disease Control and Prevention); (B) shall include information on-- (i) the risks posed by sustaining a concussion; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include information on-- (i) the definition of a concussion; (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to concussion.--If an individual designated from among school personnel for purposes of this Act, one of whom must be in attendance at every school-sponsored activity, suspects that a student has sustained a concussion (regardless of whether or not the concussion occurred during school- sponsored activities, during school hours, on school property, or during an athletic activity)-- (A) the student shall be-- (i) immediately removed from participation in a school-sponsored athletic activity; and (ii) prohibited from returning to participate in a school-sponsored athletic activity on the day that student is removed from such participation; and (B) the designated individual shall report to the parent or guardian of such student-- (i) any information that the designated school employee is aware of regarding the date, time, and type of the injury suffered by such student (regardless of where, when, or how a concussion may have occurred); and (ii) any actions taken to treat such student. (4) Return to athletics.--If a student has sustained a concussion (regardless of whether or not the concussion occurred during school-sponsored activities, during school hours, on school property, or during an athletic activity), before such student resumes participation in school-sponsored athletic activities, the school shall receive a written release from a health care professional, that-- (A) states that the student is capable of resuming participation in such activities; and (B) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that-- (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on such student on a progressive basis only as such increases in exertion do not cause the reemergence or worsening of symptoms of a concussion. (b) Noncompliance.-- (1) First year.--If a State described in subsection (a) fails to comply with subsection (a) by the compliance deadline, the Secretary of Education shall reduce by 5 percent the amount of funds the State receives under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) for the first fiscal year following the compliance deadline. (2) Succeeding years.--If the State fails to so comply by the last day of any fiscal year following the compliance deadline, the Secretary of Education shall reduce by 10 percent the amount of funds the State receives under that Act for the following fiscal year. (3) Notification of noncompliance.--Prior to reducing any funds that a State receives under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) in accordance with this subsection, the Secretary of Education shall provide a written notification of the intended reduction of funds to the State and to the appropriate committees of Congress. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to affect civil or criminal liability under Federal or State law. SEC. 4. DEFINITIONS. In this Act: (1) Concussion.--The term ``concussion'' means a type of mild traumatic brain injury that-- (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the mental state of the individual, causing the individual to experience-- (i) any period of observed or self- reported-- (I) transient confusion, disorientation, or impaired consciousness; (II) dysfunction of memory around the time of injury; or (III) loss of consciousness lasting less than 30 minutes; or (ii) any 1 of 4 types of symptoms, including-- (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; or (IV) difficulty sleeping; and (C) can occur-- (i) with or without the loss of consciousness; and (ii) during participation in any organized sport or recreational activity. (2) Health care professional.--The term ``health care professional''-- (A) means an individual who has been trained in diagnosis and management of traumatic brain injury in a pediatric population; and (B) includes a physician (M.D. or D.O.) or certified athletic trainer who is registered, licensed, certified, or otherwise statutorily recognized by the State to provide such diagnosis and management. (3) Local educational agency; state.--The terms ``local educational agency'' and ``State'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Related services personnel.--The term ``related services personnel'' means individuals who provide related services, as defined under section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). (5) School-sponsored athletic activity.--The term ``school- sponsored athletic activity'' means-- (A) any physical education class or program of a school; (B) any athletic activity authorized during the school day on school grounds that is not an instructional activity; (C) any extra-curricular sports team, club, or league organized by a school on or off school grounds; and (D) any recess activity.

Protecting Student Athletes from Concussions Act of 2018 This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to condition each state's receipt of ESEA funds on the state's establishment of specified minimum requirements for the prevention and treatment of concussions in school sports.

Protecting Student Athletes from Concussions Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``STEM Education Act of 2014''. SEC. 2. DEFINITION OF STEM EDUCATION. For purposes of carrying out STEM education activities at the National Science Foundation, the Department of Energy, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, and the Environmental Protection Agency, the term ``STEM education'' means education in the subjects of science, technology, engineering, and mathematics, including other academic subjects that build on these disciplines such as computer science. SEC. 3. INFORMAL STEM EDUCATION. (a) Grants.--The Director of the National Science Foundation, through the Directorate for Education and Human Resources, shall continue to award competitive, merit-reviewed grants to support-- (1) research and development of innovative out-of-school STEM learning and emerging STEM learning environments in order to improve STEM learning outcomes and engagement in STEM; and (2) research that advances the field of informal STEM education. (b) Uses of Funds.--Activities supported by grants under this section may encompass a single STEM discipline, multiple STEM disciplines, or integrative STEM initiatives and shall include-- (1) research and development that improves our understanding of learning and engagement in informal environments, including the role of informal environments in broadening participation in STEM; and (2) design and testing of innovative STEM learning models, programs, and other resources for informal learning environments to improve STEM learning outcomes and increase engagement for K-12 students, K-12 teachers, and the general public, including design and testing of the scalability of models, programs, and other resources. SEC. 4. NOYCE SCHOLARSHIP PROGRAM AMENDMENTS. (a) Amendments.--Section 10A of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a) is amended-- (1) in subsection (a)(2)(B), by inserting ``or bachelor's'' after ``master's''; (2) in subsection (c)-- (A) by striking ``and'' at the end of paragraph (2)(B); (B) in paragraph (3)-- (i) by inserting ``for teachers with master's degrees in their field'' after ``Teaching Fellowships''; and (ii) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) in the case of National Science Foundation Master Teaching Fellowships for teachers with bachelor's degrees in their field and working toward a master's degree-- ``(A) offering academic courses leading to a master's degree and leadership training to prepare individuals to become master teachers in elementary and secondary schools; and ``(B) offering programs both during and after matriculation in the program for which the fellowship is received to enable fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others in their fields.''; (3) in subsection (e), by striking ``subsection (g)'' and inserting ``subsection (h)''; (4) by redesignating subsections (g) through (i) as subsections (h) through (j), respectively; and (5) by inserting after subsection (f) the following new subsection: ``(g) Support for Master Teaching Fellows While Enrolled in a Master's Degree Program.--A National Science Foundation Master Teacher Fellow may receive a maximum of 1 year of fellowship support while enrolled in a master's degree program as described in subsection (c)(4)(A), except that if such fellow is enrolled in a part-time program, such amount shall be prorated according to the length of the program.''. (b) Definition.--Section 10(i)(5) of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1(i)(5)) is amended by inserting ``computer science,'' after ``means a science,''. Passed the House of Representatives July 14, 2014. Attest: KAREN L. HAAS, Clerk.

. STEM Education Act of 2014 - Requires the Director of the National Science Foundation (NSF) to continue to award competitive, merit-reviewed grants to support: (1) research and development of innovative out-of-school STEM (science, technology, engineering, and mathematics) learning and emerging STEM learning environments; and (2) research that advances the field of informal STEM education. Requires supported activities to include research and development that improves understanding of learning and engagement in informal environments and design and testing of innovative STEM resources for such environments to improve STEM learning outcomes and increase engagement for elementary and secondary school students and teachers and the public. Amends the National Science Foundation Authorization Act of 2002 to allow award of NSF Master Teaching Fellowships to mathematics and science teachers who possess a bachelor's degree in their field (currently limited to those with a master's degree). Requires fellowship grants to be used, in the case of Master Teaching Fellowships for teachers with bachelor's degrees in their field who are working toward a master's degree, to: (1) offer academic courses leading to a master's degree and leadership training to prepare individuals to become master teachers, and (2) offer programs both during and after matriculation to enable fellows to become highly effective mathematics and science teachers and to exchange ideas with others in their fields. Limits fellowship support during such a master's degree program to one year, with a prorated amount in the case of enrollment in a part-time program. Includes elementary or secondary school computer science teachers as mathematics and science teachers for purposes of the program of teacher recruiting and training grants known as the Robert Noyce Teacher Scholarship Program.

STEM Education Act of 2014

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Pay Compression Relief Act of 2004''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code. SEC. 2. AMENDMENTS RELATING TO BASIC PAY. (a) Administrative Law Judges.--Section 5372(b)(1)(C) is amended by striking ``may not exceed the rate for level IV'' and inserting ``may not exceed the rate for level III''. (b) Contract Appeals Board Members.--Section 5372a is amended-- (1) by striking subsection (b) and inserting the following: ``(b)(1) Rates of basic pay under this section-- ``(A) shall consist of-- ``(i) the rate for the chairman of an appeals board; ``(ii) the rate for the vice chairman of an appeals board; and ``(iii) the rate for all other contract appeals board members; ``(B) shall be initially adjusted by the Office of Personnel Management and thereafter adjusted under paragraph (2); and ``(C) shall not be greater than the rate of basic pay for level III of the Executive Schedule nor less than 94 percent of the rate of basic pay for level IV of the Executive Schedule. ``(2) Subject to paragraph (1)(C), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of basic pay under the General Schedule, each rate of basic pay for contract appeals board members shall be adjusted by an amount determined by the President to be appropriate.''; and (2) by adding after subsection (c) the following: ``(d) The Office of Personnel Management shall prescribe regulations necessary to administer this section.''. (c) Certain Senior-Level Positions.--Section 5376(b)(1)(B) is amended by striking ``level IV'' and inserting ``level III''. SEC. 3. AMENDMENTS RELATING TO LOCALITY-BASED COMPARABILITY PAYMENTS. (a) Modified Maximums.--Paragraph (2) of section 5304(g), as amended by section 1125(a)(1)(A) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1638), is amended to read as follows: ``(2) The applicable maximum under this subsection shall be-- ``(A) level II of the Executive Schedule for positions under subparagraphs (A)-(D) of subsection (h)(1); and ``(B) level III of the Executive Schedule for any positions under subsection (h)(1)(E) which the President may determine.''. (b) Administrative Appeals Judges.--Section 5304(h)(1), as amended by section 1125(a)(1)(B) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1638), is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) a position to which section 5372b applies (relating to administrative appeals judges); and''. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. Section 5304(h)(2)(B), as amended by section 1125(a)(1)(C) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1638), is amended-- (1) in clause (i)-- (A) by striking ``(A) through (C)'' and inserting ``(A) through (D)''; and (B) by striking ``(vii)'' and inserting ``(vi)''; and (2) in clause (ii), by striking ``(1)(D)'' and inserting ``(1)(E)''. SEC. 5. APPLICABILITY. (a) In General.--The amendments made by this Act shall-- (1) for purposes of computing any rate of compensation for service performed in any pay period beginning before the date specified under subsection (b), be treated as if they had never been enacted; and (2) for purposes of computing any rate of compensation for service performed in any pay period beginning on or after the date specified under subsection (b), take effect as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1392). (b) Date Specified.--The date specified under this subsection shall be the earlier of-- (1) the first day of the first pay period beginning at least 90 days after the date of the enactment of this Act; or (2) such other date (not earlier than the date of the enactment of this Act) as the Office of Personnel Management may determine. SEC. 6. REPORTING REQUIREMENT. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Office of Personnel Management shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate a written report containing the following: (1) A list of all Executive Schedule positions, and the rate of basic pay in effect for and the total number of individuals occupying each such position. (2) A comparison of the rates of basic pay for administrative law judges, administrative appeals judges, and contract appeals board members (before and after taking comparability pay into account) with-- (A) the rates of basic pay for Executive Schedule positions; and (B) the rates of basic pay for United States magistrate judges, United States bankruptcy judges, judges of a United States district court, and judges of a United States court of appeals, respectively. (3) A determination of whether rates of basic pay for administrative law judges, administrative appeals judges, and contract appeals board members are incongruous with the rates of basic pay for the positions referred to in paragraphs (2)(A) and (2)(B), respectively. (4) A recommendation on the extent to which the rates of basic pay for Executive Schedule positions should be adjusted (if at all), based on any determination under paragraph (3). (5) Any other information or recommendation which the Office of Personnel Management considers pertinent to the issue of appropriate rates of basic pay for Executive Schedule positions. (b) Data and Methodology.--The report of the Office of Personnel Management under this section shall include a statement identifying the data and methodology used in preparing such report. (c) Definitions.--For purposes of this section-- (1) the term ``Executive Schedule positions'' means positions under the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, and all other positions in the executive branch the annual rates of basic pay for which are individually fixed, or expressly authorized to be fixed, by statute, at the rate provided for a level of the Executive Schedule or at a rate determined by reference to a level of the Executive Schedule, but does not include administrative law judges, contract appeals board members, or administrative appeals judges; (2) the terms ``administrative law judge'', ``contract appeals board member'', and ``administrative appeals judge'' have the meanings given them by sections 5372, 5372a, and 5372b of title 5, United States Code, respectively; and (3) the term ``comparability pay'' means comparability pay under section 5304 of title 5, United States Code, or similar provision of law. Amend the title so as to read: ``A bill to adjust the rates of pay payable to administrative law judges, and for other purposes.''.

Pay Compression Relief Act of 2004 - (Sec. 2) Increases the maximum rates of basic pay for administrative law judges (ALJs), contract appeals board (CAB) members, and certain senior-level positions by linking those rates to level III of the Executive Schedule (currently level IV). Establishes a minimum rate of pay for CAB members of not less than 94 percent of the rate of basic pay for level IV of the Executive Schedule. Requires rates of basic pay for CAB members to be adjusted annually by an amount determined by the President after the initial adjustment required by this Act. (Sec. 3) Increases the maximum rate of locality pay for ALJs and certain senior-level and Senior Executive Service positions to level II of the Executive Schedule (currently level III). Increases the maximum rate of locality pay for CAB members to level III of the Executive Schedule (currently level IV). Specifies that administrative appeals judges (AAJs) are eligible for locality pay. (Sec. 5) Sets forth effective dates for purposes of computing increases in pay under this Act. (Sec. 6) Requires the Office of Personnel Management to submit a report to the House Government Reform Committee and the Senate Governmental Affairs Committee within six months of enactment of this Act that contains: (1) a list of Executive Schedule positions and the rates of basic pay for and total number of individuals occupying those positions; (2) a comparison of the rates of basic pay for ALJs, AAJs, and CAB members with those applicable to Executive Schedule positions and specified Federal judges; (3) a determination of whether rates of basic pay for ALJs, AAJs, and CAB members are incongruous with the compared positions; (4) a recommendation on the extent to which rates of basic pay for Executive Schedule positions should be adjusted; and (5) any other information or recommendations pertinent to Executive Schedule positions.

To increase the minimum and maximum rates of basic pay payable to administrative law judges, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Common Application Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Economic Development; (3) the term ``Executive agency'' has the same meaning as in section 105 of title 5, United States Code; (4) the term ``Executive Committee'' means the Executive Committee on a Small Business Common Application established under section 4; and (5) the term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. ESTABLISHMENT OF A SMALL BUSINESS COMMON APPLICATION AND WEB PORTAL. (a) Common Application and Web Portal.--Subject to the availability of appropriations, the Administrator, in consultation with the Executive Committee, shall establish a small business common application and web portal. (b) Common Application and Web Portal.-- (1) In general.--The web portal established under subsection (a) shall allow a small business concern to submit a single common application to apply for Federal assistance provided by any Executive agency, including-- (A) a loan; (B) a loan guarantee; (C) a grant; (D) technical assistance; (E) counseling services; and (F) other forms of assistance provided by an Executive agency. (2) Goals.--The small business common application and web portal established under subsection (a) shall-- (A) maximize the ability of small business concerns to use the common application and web portal to interact with Executive agencies; (B) maintain high standards for data privacy and security; (C) increase the degree and ease of information sharing and coordination among programs serving small business concerns that are carried out by Executive agencies, including State and local offices of Executive agencies; and (D) minimize redundancy in the administration of programs that use the common application and web portal. (c) Use of Common Application and Web Portal.--Each Executive agency that provides Federal assistance to small business concerns shall amend the rules of the Executive agency to provide for use of the common application and web portal to apply for such Federal assistance. (d) Rules.--Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Executive Committee, shall issue final rules establishing the small business common application and web portal under this section. (e) Maintenance and Amendment.--The Administrator shall maintain the small business common application and web portal established under subsection (a). SEC. 4. EXECUTIVE COMMITTEE ON A SMALL BUSINESS COMMON APPLICATION. (a) Establishment.--There is established in the Economic Development Administration an Executive Committee on a Small Business Common Application, which shall-- (1) make recommendations regarding the establishment of the small business common application and web portal under section 3; (2) monitor the implementation of the small business common application and web portal; and (3) make periodic recommendations to the Administrator for the improvement of the small business common application and web portal. (b) Membership.-- (1) In general.--The members of the Executive Committee shall consist of-- (A) the Assistant Secretary; and (B) 1 senior officer or employee having policy and technical expertise appointed by each of-- (i) the Administrator of the General Services Administration; (ii) the Administrator of the Small Business Administration; (iii) the Director of the National Institutes of Health; (iv) the Director of the National Science Foundation; (v) the President of the Export-Import Bank; (vi) the Secretary of Agriculture; (vii) the Secretary of Defense; (viii) the Secretary of Health and Human Services; (ix) the Secretary of Labor; (x) the Secretary of State; (xi) the Secretary of the Treasury; and (xii) the Secretary of Veterans Affairs. (2) Chairperson.--The Assistant Secretary shall serve as chairperson of the Executive Committee. (3) Period of appointment.--Members of the Executive Committee shall be appointed for a term of 3 years. (4) Vacancies.--A vacancy in the Executive Committee shall be filled in the same manner as the original appointment, not later than 30 days after the date on which the vacancy occurs. (c) Meetings.-- (1) In general.--The Executive Committee shall meet at the call of the chairperson of the Executive Committee. (2) Quorum.--A majority of the members of the Executive Committee shall constitute a quorum. (3) First meeting.--The first meeting of the Executive Committee shall take place not later than 30 days after the date of enactment of this Act. (4) Public meeting.--The Executive Committee shall hold at least one public meeting before the date described in subsection (d)(1) to receive comments from small business concerns and other interested parties. (d) Duties.-- (1) Recommendations.--Not later than 180 days after the date of enactment of this Act, upon a vote of the majority of members of the Executive Committee then serving, the Executive Committee shall submit to the Administrator recommendations relating to the establishment of the small business common application and web portal described in section 3. (2) Transmission to executive agencies.--The Executive Committee shall transmit to each Executive agency a complete copy of the recommendations submitted under paragraph (1). (3) Recommendations by executive agencies.--Not later than 30 days after the date on which the Executive Committee transmits recommendations to the Executive agency under paragraph (2), each Executive agency that provides Federal assistance to small business concerns shall submit to Congress recommendations, if any, for legislative changes necessary for the Executive agency to carry out this Act. (e) Personnel Matters.-- (1) Compensation of members.--The members of the Executive Committee shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Detail of employees.--The Administrator may detail to the Executive Committee any employee of the Economic Development Administration, and such detail shall be without interruption or loss of civil service status or privilege. (f) Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Executive Committee. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this Act.

Small Business Common Application Act of 2012 - Directs the Administrator of the Small Business Administration (SBA) to establish and maintain a small business common application and web portal (application and portal) to allow small businesses to submit a single common application for federal assistance provided by any executive agency, including loans and loan guarantees, grants, technical assistance, and counseling services. Establishes in the Economic Development Administration an Executive Committee on a Small Business Common Application, which shall: (1) make recommendations regarding the establishment of the application and portal, (2) monitor their implementation, and (3) make periodic recommendations to the Administrator for their improvement.

A bill to require the establishment of a small business common application and web portal for purposes of Federal small business assistance programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Correctly Recognizing Educational Achievements To Empower Graduates Act'' or the ``CREATE Graduates Act''. SEC. 2. CREATE GRADUATES. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by inserting after part B the following: ``PART C--CREATE GRADUATES ``SEC. 751. PURPOSE. ``The purpose of this part is to award grants to States to support efforts at institutions of higher education or within systems of higher education to increase postsecondary degree attainment by-- ``(1) locating, and conferring degrees to, students who have accumulated sufficient applicable postsecondary credits and maintained a sufficient grade point average to earn an associate's degree but did not receive one; ``(2) providing outreach to those students who are within 12 credits of earning an associate's degree; and ``(3) establishing partnerships between 2-year and 4-year institutions of higher education in States, in order to strengthen the transition pathways into 4-year institutions of higher education for transfer students. ``SEC. 752. GRANTS TO INCREASE DEGREE ATTAINMENT. ``(a) Definition of Institution of Higher Education.--In this section, the term `institution of higher education' has the meaning given the term in section 101(a). ``(b) Program Authorized.-- ``(1) In general.--From amounts appropriated under subsection (j), the Secretary shall award grants, on a competitive basis, to States to enable the States to carry out the activities described in subsections (e) and (f) in order to support efforts at institutions of higher education to increase degree attainment. ``(2) Partnerships allowed.--A State may apply for a grant under this section in partnership with a nonprofit organization. In any such partnership, the State higher education agency or other State agency described in subsection (c)(1) shall serve as the fiscal agent for purposes of the grant. ``(c) Submission and Contents of Application.-- ``(1) In general.--The State, acting through the State higher education agency or other State agency determined appropriate by the Governor or chief executive officer of the State, shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Contents.--An application submitted under paragraph (1) shall include the following: ``(A) A description of the State's capacity to administer the grant under this section and report annually to the Secretary on the progress of the activities and services described in subsection (e). ``(B) A description of how the State will meet the purposes of the grant program under this part through outreach and memoranda of understanding with institutions of higher education, including the State's plan for using grant funds to meet the requirements of subsections (e) and (g) and, if the State elects to use grant funds under such subsection to create strong articulation agreements, subsection (f)(2). ``(C) A description of how the State will coordinate with appropriate stakeholders, including institutions of higher education, data-sharing agencies within the State, and other States. ``(D) A description of-- ``(i) the structure that the State has in place to administer the activities and services described in subsection (e), including-- ``(I) the capacity of the State's longitudinal data system to-- ``(aa) be clean of record duplication and ensure alignment of State and institutional credit completion records; ``(bb) include transfer flags and course and credit data to allow the State to run initial degree audits for institutions; ``(cc) include all postsecondary educational institutions in the State, including public, private nonprofit, and private for- profit institutions; and ``(dd) have in place mechanisms to share data across institutions, systems, and States; ``(II) the capacity of the agency governing the State's longitudinal system to respond to data requests accurately and in a timely manner; and ``(III) the State's plan to protect student privacy with respect to data in the State longitudinal data system and comply with section 444 of the General Education Provisions Act (commonly referred to as the `Family Educational Rights and Privacy Act of 1974'); or ``(ii) the State's plan to develop such administrative capacity as part of the activities carried out under the grant. ``(d) Award Basis and Priority.--The Secretary shall award grants under this section to States based on the quality of the applications submitted under subsection (c). In awarding grants under this section, the Secretary shall give priority to applications from States-- ``(1) that do not have, as of the time of the application, statewide policies or statewide initiatives in place to retroactively award associate's degrees to students; or ``(2) that have a commitment to initiatives regarding the retroactive awarding of associate's degrees that will continue after the period of the grant. ``(e) Mandatory Use of Funds.-- ``(1) Subgrants.--A State that receives a grant under this section shall use not less than 80 percent of the grant funds provided to award subgrants, on a competitive basis, to institutions of higher education or systems of higher education. Each institution of higher education or system of higher education receiving a subgrant shall carry out all of the following activities and services, pursuant to the conditions under subsection (g): ``(A) Identify the group of current and former students at the institution of higher education, or at the institutions of higher education within the system of higher education, as the case may be, that, based on the data held by the institution or system, meet both of the following requirements: ``(i) Each individual has earned not less than 60 postsecondary credit hours (or the minimum required by the State to earn an associate's degree) at the institution. ``(ii) Each individual has not had any postsecondary degree, of any kind, issued to the student by an institution of higher education. ``(B) Identify a subset of those current and former students described in subparagraph (A) who have not already earned an associate's or bachelor's degree elsewhere. ``(C) Perform a degree audit on each student remaining in the subset described in subparagraph (B), and identify each such student as one of the following: ``(i) Eligible to obtain an associate's degree. ``(ii) Eligible to obtain an associate's degree upon the completion of 12 or fewer postsecondary credit hours (or the equivalent). ``(iii) Not eligible under either clause (i) or (ii). ``(D) Provide outreach to each student identified in subparagraph (C)(i), and award the earned associate's degree to such student, unless such student declines through a written or oral declaration. ``(E) Provide outreach to each student identified in subparagraph (C)(ii) that includes information regarding next steps toward degree attainment, including financial aid options. ``(2) Application process.--An institution of higher education or system of higher education desiring a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such information as the State may require. Such application shall include a written commitment from the institution or system that, if the institution or system receives a grant, the institution or system will carry out all of the activities described in paragraph (1). ``(3) Priority.--Each State awarding subgrants under this part shall give priority to applications from institutions of higher education or systems of higher education that-- ``(A) have up-to-date degree audit software or systems; ``(B) use an opt-out, rather than an opt-in, policy to award associate's degrees, if such policy is permissible under applicable accreditation or State standards; ``(C) waive nonacademic barriers to graduation, such as swimming tests, library fines, graduation fees, or parking tickets; ``(D) waive or amend residency and recency requirements to prevent earned credits from expiring, if such action is permissible under accreditation or State standards; ``(E) provide students with tuition waivers or prior learning assessments for those who need to earn remaining credits; and ``(F) agree that, after the conclusion of the activities described in paragraph (1) and continuing after the end of the grant period, the institution or system will-- ``(i) conduct degree audits for all enrolled students once the students earn 45 credits; and ``(ii) provide information about graduation deadlines to remind students of relevant requirements at least 4 months before the students graduate and again 1 month before graduation. ``(f) Permissive Use of Funds.--A State receiving a grant under this section may use-- ``(1) not more than 15 percent of the total amount received under this section for administrative purposes relating to the grant under this section, including technology needed to carry out the purposes of this part; and ``(2) not more than 5 percent of the total amount received under this section to create articulation agreements between 2- year and 4-year institutions of higher education, in order to enhance collaboration and strengthen the transition pathways between such institutions for transfer students. ``(g) Special Conditions and Prohibitions.-- ``(1) Availability to students.--A State, institution of higher education, or system of higher education receiving a grant or subgrant, as the case may be, under this section shall not charge any student an additional fee or charge to participate in the activities or services supported under this section. ``(2) Prohibited uses.--A State, institution of higher education, or system of higher education receiving a grant or subgrant, as the case may be, under this section shall not use any grant or subgrant funds for tuition, fees, room and board, or any other purpose outside the goals of the grant. ``(3) FERPA requirements.--Each State, institution of higher education, or system of higher education receiving a grant or subgrant, respectively, under this section that enters into a contract or other agreement with any outside entity to assist in carrying out the activities or services under such grant or subgrant, shall ensure that the outside entity complies with all requirements of section 444 of the General Education Provisions Act (commonly referred to as the `Family Educational Rights and Privacy Act of 1974') that would apply to the State, institution, or system. ``(4) Coordination.--A State receiving a grant under this section shall ensure the coordination of the activities and services carried out under this section with any other activities carried out in the State that are similar to the goals of this program, and with any other entities that support the existing activities in the State, with the goal of minimizing duplication. ``(h) Report.-- ``(1) In general.--A State receiving a grant under this section shall prepare and submit an annual report to the Secretary on the activities and services carried out under this section, and on the implementation of such activities and services. The report shall include, for each institution of higher education or system of higher education receiving a subgrant, the following information: ``(A) The number of students who were first identified in the group described in subsection (e)(1)(A). ``(B) The number of students who were removed from such group because the students had received a degree elsewhere, in accordance with subsection (e)(1)(B). ``(C) The number of degree audits performed under subsection (e)(1)(C). ``(D) The number of students identified under subsection (e)(1)(C)(i) as eligible to obtain an associate's degree. ``(E) The number of students identified under subsection (e)(1)(C)(ii) as eligible to obtain an associate's degree upon the completion of 12 or fewer credits, in the aggregate and disaggregated by race, ethnicity, gender, and status as an individual with a disability. ``(F) The number of students identified under subsection (e)(1)(C)(iii) as ineligible to obtain an associate's degree and ineligible to obtain such a degree upon the completion of 12 or fewer credits. ``(G) The number of students awarded an associate's degree under subsection (e)(1)(D). ``(H) The number of students identified in subsection (e)(1)(C)(ii) who are returning to an institution of higher education after receiving outreach described in subsection (e)(1)(E). ``(I) The average amount of credit hours previously earned by students described in subsection (e)(1)(C)(i) when the associate's degrees are awarded. ``(J) The number of students who received outreach described in subsection (e)(1)(D) and who decline to receive the associate's degree. ``(K) The number of students who could not be located or reached as part of the process. ``(L) The reasons why students identified in subsection (e)(1)(C)(ii) did not return to an institution of higher education to receive a degree. ``(M) Details of any policy changes implemented as a result of implementing this program and conducting the required degree audits. ``(2) Disaggregation.--The report shall include the information described in subparagraphs (A) through (L) of paragraph (1) in the aggregate and disaggregated by age, gender, race or ethnicity, status as an individual with a disability, and socioeconomic status (including status as a Federal Pell grant recipient). ``(i) Enforcement Provisions.-- ``(1) Recovery or withholding.--The Secretary may, after notice and an opportunity for a hearing in accordance with chapter 5 of title 5, United States Code-- ``(A) withhold funds provided under a grant or subgrant under this section if a State or institution of higher education is failing to comply substantially with the requirements of this section; or ``(B) take actions to recover funds provided under a grant or subgrant under this section, if the State or institution made an unallowable expense, or otherwise failed to discharge its responsibility to properly account for funds. ``(2) Use of recovered or unused funds.--Any funds recovered or withheld under paragraph (1) shall-- ``(A) be credited to the appropriations account from which amounts are available to make grants or enter cooperative agreements under this section; and ``(B) remain available until expended for any purpose of that account authorized by law that relates to the program under this section. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the 2 subsequent fiscal years.''.

Correctly Recognizing Educational Achievements To Empower Graduates Act or the CREATE Graduates Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award competitive grants to states and, through them, subgrants to institutions of higher education (IHEs) or systems of higher education to: identify current or former students who have earned at least 60 postsecondary credit hours (or the state-required minimum for earning an associate's degree) at the IHE or at an IHE within the system but have not been issued a postsecondary degree by such IHE or an associate's or bachelor's degree elsewhere; perform a degree audit on each of those students to identify those who are eligible to obtain an associate's degree and those who are eligible to obtain such a degree upon the completion of 12 or fewer postsecondary credit hours (or the equivalent); provide outreach and award an associate's degree to each of those students identified as eligible to obtain an associate's degree unless the student declines the degree; and provide outreach to those students identified as eligible to obtain such a degree upon the completion of 12 or fewer postsecondary credit hours, including guidance on the steps they can take to attain such a degree. Allows states to use up to: (1) 15% of their grant for administrative purposes, including the purchase of the technology to carry out grant requirements; and (2) 5% of their grant to create articulation agreements between 2-year and 4-year IHEs to facilitate the transfer of students between such schools.

CREATE Graduates Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Poverty Reduction Act of 2015''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--FEDERAL INTERAGENCY WORKING GROUP ON REDUCING CHILD POVERTY Sec. 101. Establishment of Working Group. Sec. 102. National plan to reduce child poverty. Sec. 103. Other duties. Sec. 104. Membership. Sec. 105. Director and staff. Sec. 106. Reporting requirements. TITLE II--WORKSHOPS BY NATIONAL ACADEMY OF SCIENCES Sec. 201. Requirement to enter into agreement with National Academy of Sciences. Sec. 202. Workshop topics. Sec. 203. Reporting requirement. Sec. 204. Authorization of appropriations. TITLE III--DEFINITIONS Sec. 301. Definitions. TITLE I--FEDERAL INTERAGENCY WORKING GROUP ON REDUCING CHILD POVERTY SEC. 101. ESTABLISHMENT OF WORKING GROUP. There is established in the Administration for Children and Families of the Department of Health and Human Services a group which shall be known as the Federal Interagency Working Group on Reducing Child Poverty (in this Act referred to as the ``Working Group''). SEC. 102. NATIONAL PLAN TO REDUCE CHILD POVERTY. (a) Primary Goal.-- (1) Development of national plan.--The primary goal of the Working Group is to develop a national plan-- (A) to reduce, within 10 years after the date on which funding is made available to carry out this Act-- (i) the number of children living in poverty in the United States to half of the number of such children as reported in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013 (issued in September 2014); and (ii) the number of children living in extreme poverty in the United States to zero; and (B) to reduce, within 20 years after the date on which funds are made available to carry out this Act, the number of children living in poverty in the United States to zero. (2) Consultation with national academy of sciences.--In developing the national plan under paragraph (1), the Working Group shall consider all recommendations, research papers, and reports published by the National Academy of Sciences as a result of the workshops conducted pursuant to title II. (3) Deadline.--Not later than 180 days after the date of the enactment of this Act, the Working Group shall make substantial progress toward the development of the national plan. (b) Additional Goals.--The national plan under subsection (a) shall include recommendations for achieving the following goals: (1) Understanding the root causes of child poverty, including persistent intergenerational poverty, taking into account social, economic, and cultural factors. (2) Improving the accessibility of anti-poverty programs and increasing the rate of enrollment in such programs among eligible children and families by reducing the complexity and difficulty of enrolling in such programs. (3) Eliminating disparate rates of child poverty based on race, ethnicity, gender, and age. (4) Improving the ability of individuals living in poverty, low-income individuals, and unemployed individuals to access quality jobs that help children and their families rise above poverty. (5) Connecting low-income children, disconnected youth, and their families to education, job training, work, and their communities. (6) Shifting the measures and policies of Federal anti- poverty programs from the goal of helping individuals and families living in poverty to achieve freedom from deprivation toward the goal of helping such individuals and families rise above poverty and achieve long-term economic stability. (c) Methods.--In developing the national plan under subsection (a), the Working Group shall employ methods for achieving the goals described in subsections (a) and (b) that include-- (1) entering into an agreement with the National Academy of Sciences for a workshop series on the economic and social costs of child poverty, as described in title II; (2) studying the effect of child poverty on the health and welfare of children, including the access of children living in poverty to health care, housing, proper nutrition, and education; (3) measuring the effect of child poverty on the ability of individuals to achieve economic stability, including such effect on educational attainment, rates of incarceration, lifetime earnings, access to healthcare, and access to housing; (4) updating and applying improved measures of poverty that can meaningfully account for other aspects relating to the measure of poverty, such as the Supplemental Poverty Measure used by the United States Census Bureau; and (5) using and applying fact-based measures to evaluate the long-term effectiveness of anti-poverty programs, taking into account the long-term savings and value to the Federal Government and to State, local, and tribal governments of practices and policies designed to prevent poverty. SEC. 103. OTHER DUTIES. In addition to developing the national plan under section 102(a), the Working Group shall-- (1) monitor, in consultation with the Domestic Policy Council and the National Economic Council, all Federal activities, programs, and services related to child welfare and child poverty; (2) establish guidelines, policies, goals, and directives related to the achievement of the goals of the national plan, in consultation with non-governmental entities providing social services to low-income children and families, advocacy groups that directly represent low-income children and families, policy experts, and officials of State, local, and tribal governments who administer or direct policy for anti-poverty programs; (3) advise all relevant Federal agencies regarding how to effectively administer and coordinate programs, activities, and services related to child welfare and child poverty and how to resolve any disputes that arise between or among such agencies as a result of such administration or coordination; (4) provide recommendations to the Congress regarding how to ensure that Federal agencies administering programs, activities, and services related to child welfare and child poverty have adequate resources to increase public awareness of such programs, activities, and services and how to maximize enrollment of eligible individuals; (5) identify methods for improving communication and collaboration among and between State and Federal governmental entities regarding the implementation of State programs related to child welfare and child poverty, such as State programs funded under part A of title IV of the Social Security Act (relating to block grants to States for temporary assistance for needy families), and submit recommendations regarding such methods to relevant Federal agencies and congressional committees; and (6) hold hearings in different geographic regions of the United States to collect information and feedback from the public regarding personal experiences related to child poverty and anti-poverty programs, and make such information and feedback publicly available. SEC. 104. MEMBERSHIP. (a) Number of Members.--The Working Group shall be composed of no less than 6 members. (b) Executive Pay Rate.--Each member shall be an official of an Executive Department who occupies a position for which the rate of pay is equal to or greater than the rate of pay for level IV of the Executive Schedule under section 5313 of title 5, United States Code. (c) Required Participation of Certain Executive Departments.--The Working Group shall include at least one member who is an official of each of the following Executive departments: (1) The Department of Justice. (2) The Department of Agriculture. (3) The Department of Labor. (4) The Department of Health and Human Services. (5) The Department of Housing and Urban Development. (6) The Department of Education. (d) Appointment.--Each member shall be appointed by the head of the Executive department that employs such member. (e) Obtaining Official Data.--On request of the Chairperson, any head of a Federal agency shall furnish directly to the Working Group any information necessary to enable the Working Group to carry out this Act. (f) Terms.--Each member shall be appointed for the life of the Working Group. (g) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (h) Quorum.--A majority of members shall constitute a quorum. (i) Chairperson.--The Chairperson of the Working Group shall be appointed by the Secretary of Health and Human Services. (j) Meetings.-- (1) Initial meeting period.--The Working Group shall meet on a monthly basis during the 180-day period beginning with the date on which funds are made available to carry out this Act. (2) Subsequent meetings.--After such 180-day period, the Working Group shall meet not less than once every 6 months and at the call of the Chairperson or a majority of members. SEC. 105. DIRECTOR AND STAFF. (a) Director.--The Working Group shall have a Director who shall be appointed by the Chairperson. (b) Staff.--The Director may appoint and fix the pay of additional personnel as the Director considers appropriate. (c) Duties.--The duties of the Director and staff shall be to achieve the goals and carry out the duties of the Working Group. SEC. 106. REPORTING REQUIREMENTS. (a) Annual Report.--Not later than September 30, 2016, and annually thereafter, the Chairperson shall submit to the Congress a report describing the activities, projects, and plans of the Federal Government to carry out the goals of the Working Group, which shall include-- (1) an accounting of-- (A) any increase in efficiency in the delivery of Federal, State, local, and tribal social services and benefits related to child welfare and child poverty; (B) any reduction in the number of children living in poverty; (C) any reduction in the demand for such social services and benefits for which children living in poverty and near poverty are eligible; and (D) any savings to the Federal Government as a result of such increases or reductions; (2) an accounting of any increase in the national rate of employment due to the efforts of the Working Group; (3) a summary of the efforts of each State to reduce child poverty within such State, including the administration of State programs funded under part A of title IV of the Social Security Act (relating to block grants to States for temporary assistance for needy families); and (4) legislative language and recommendations regarding reducing child poverty and achieving the other goals and duties of the Working Group. (b) Public Reporting Requirements.-- (1) Annual report available to public.--A version of the annual report required by subsection (a) shall be made publicly available. (2) Annual update from federal agencies.--The head of each relevant Federal agency shall post on the public Internet Web site of such agency an annual summary of any plans, activities, and results of the agency related to the goals and duties of the Working Group. TITLE II--WORKSHOPS BY NATIONAL ACADEMY OF SCIENCES SEC. 201. REQUIREMENT TO ENTER INTO AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES. (a) In General.--Not later than 90 days after the date on which funds are made available to carry out this Act, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences for 2 public workshops to provide the Working Group with information to assist in the development of the national plan under section 102(a). (b) Steering Committee.--The agreement under subsection (a) shall include the creation of a steering committee to plan and conduct such workshops. (c) Experts.--The agreement under subsection (a) shall include the commission of experts to prepare research papers that summarize and critique literature on the economic and social costs of child poverty. SEC. 202. WORKSHOP TOPICS. The purpose of the workshops required by section 201(a) shall be to collect information and input from the public on the economic and social costs of child poverty, addressing topics that include-- (1) the macroeconomic costs of child poverty, including the effects of child poverty on productivity and economic output; (2) the health-related costs of child poverty, including the costs incurred by the Federal Government and State, local, and tribal governments due to child illnesses, other child medical problems, and other child health-related expenditures; (3) the effect of child poverty on crime rates; (4) the short-term and long-term effects of child poverty on the Federal budget, including outlays for anti-poverty programs; (5) poverty metrics such as income poverty, food insecurity, and other measures of deprivation, and the role of such metrics in assessing the effects of poverty and the performance of anti-poverty programs; (6) the effect of child poverty on certain population groups, including immigrants, single parent families, individuals who have attained the age of 16 but have not attained the age of 25 with large student loans, individuals living in areas of concentrated poverty, and individuals living on Indian reservations; and (7) the effect of child poverty on individuals and families living in extreme poverty, as compared with such effect on individuals and families living in poverty or near poverty. SEC. 203. REPORTING REQUIREMENT. (a) Research Papers.--The agreement under section 201(a) shall include the publication of the research papers required under such section on the public Web site of the National Academy of Sciences. (b) Workshop Summary.--The agreement under section 201(a) shall include the publication of a summary of each workshop required under such section on the public Web site of the National Academy of Sciences. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $1,000,000 to carry out this title. TITLE III--DEFINITIONS SEC. 301. DEFINITIONS. In this Act: (1) Anti-poverty program.--The term ``anti-poverty program'' means a program or institution with the primary goal of lifting children or families out of poverty and improving economic opportunities for children or families that operates in whole or in part using Federal, State, local, or tribal government funds. (2) Child.--The term ``child'' means an individual who has not attained the age of 18. (3) Deprivation.--The term ``deprivation'' means, with respect to an individual, that such individual lacks adequate nutrition, health care, housing, or other resources to provide for basic human needs. (4) Disconnected youth.--The term ``disconnected youth'' means individuals who have attained the age of 16 but have not attained the age of 25 who are unemployed and not enrolled in school. (5) Economic stability.--The term ``economic stability'' means, with respect to an individual or family, that such individual or family has access to the means and support necessary to effectively cope with adverse or costly life events and to effectively recover from the consequences of such events while maintaining a decent standard of living. (6) Extreme poverty.--The term ``extreme poverty'' means, with respect to an individual or family, that such individual or family has a total annual income that is less than the amount that is 50 percent of the official poverty threshold for such individual or family, as provided in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013 (issued in September 2014). (7) Federal agency.--The term ``Federal agency'' means an Executive department, a Government corporation, and an independent establishment. (8) Near poverty.--The term ``near poverty'' means, with respect to an individual or family, that such individual or family has a total annual income that is less than the amount that is 200 percent of the official poverty threshold for such individual or family, as provided in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013 (issued in September 2014). (9) Poverty.--The term ``poverty'' means, with respect to an individual or family, that such individual or family has a total annual income that is less than the amount that is the official poverty threshold for such individual or family, as provided in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013 (issued in September 2014).

Child Poverty Reduction Act of 2015 This bill establishes in the Administration for Children and Families of the Department of Health and Human Services (HHS) the Federal Interagency Working Group on Reducing Child Poverty. The Working Group as its primary goal shall develop a national plan to reduce: within 10 years the number of children living in poverty in the United States to half the number cited in the report of the U.S. Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013; within the same 10 years the number of children living in extreme poverty in the United States to zero; and within 20 years the number of children living in poverty, extreme or otherwise, in the United States to zero. HHS shall enter into an agreement with the National Academy of Sciences for two public workshops to provide the Working Group with information to assist in the development of the plan.

Child Poverty Reduction Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Free Workplace Act of 1998''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) 74 percent of adults who use illegal drugs are employed; (2) small business concerns employ over 50 percent of the Nation's workforce; (3) in more than 88 percent of families with children under the age of 18, at least 1 parent is employed; and (4) employees who use and abuse addictive substances increase costs for businesses and risk the health and safety of all employees because-- (A) absenteeism is 66 percent higher among drug users than individuals who do not use drugs; (B) health benefit utilization is 300 percent higher among drug users than individuals who do not use drugs; (C) 47 percent of workplace accidents are drug- related; (D) disciplinary actions are 90 percent higher among drug users than among individuals who do not use drugs; and (E) employee turnover is significantly higher among drug users than among individuals who do not use drugs. (b) Purposes.--The purposes of this Act are to-- (1) educate small business concerns about the advantages of a drug-free workplace; (2) provide financial incentives and technical assistance to enable small business concerns to create a drug-free workplace; and (3) assist working parents in keeping their children drug- free. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) businesses should adopt drug-free workplace programs; (2) States should consider incentives to encourage businesses to adopt drug-free workplace programs; (3) such incentives may include-- (A) financial incentives, including-- (i) a reduction in workers' compensation premiums; (ii) a reduction in unemployment insurance premiums; and (iii) tax deductions in an amount equal to the amount of expenditures for employee assistance programs, treatment, or drug testing; and (B) other incentives, such as the adoption of liability limitations, as recommended by the President's Commission on Model State Drug Laws. SEC. 4. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 32 as section 33; and (2) by inserting after section 31 the following: ``SEC. 32. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM. ``(a) Definitions.--In this section: ``(1) Drug-free workplace program.--The term `drug-free workplace program' means a program that includes-- ``(A) a written policy, including a clear statement of expectations for workplace behavior, prohibitions against substances in the workplace, and the consequences of violating those expectations and prohibitions; ``(B) alcohol and drug abuse prevention training for a total of not less than 2 hours for each employee, and additional alcohol and drug abuse prevention training for employees who are parents; ``(C) employee drug testing conducted by a drug testing laboratory certified by the Substance Abuse and Mental Health Services Administration, approved by the Department of Health and Human Services under the Clinical Laboratories Improvement Act of 1967 (42 U.S.C. 263a), or approved by the College of American Pathologists, and a review of each positive test result by a licensed medical review officer; ``(D) employee access to an employee assistance program, including assessment, referral, and short-term problem resolution; and ``(E) continuing alcohol and drug abuse prevention assistance. ``(2) Eligible intermediary.--The term `eligible intermediary' means an organization-- ``(A) that is described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under section 5(a) of such Code, or a program of any such organization; or ``(B) that provides services to any organization described in subparagraph (A); ``(C) that has not less than 2 years of experience in carrying out drug-free workplace programs or in providing assistance and services to small business concerns; ``(D) that has a drug-free workplace policy in effect; ``(E) that is located in a State, the District of Columbia, or a territory of the United States; and ``(F) the purpose of which is-- ``(i) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or ``(ii) to provide other forms of assistance and services to small business concerns. ``(3) Employee.--The term `employee' includes any-- ``(A) supervisor; ``(B) manager; ``(C) officer of a small business concern who is active in management of the concern; and ``(D) owner of a small business concern who is active in management of the concern. ``(b) Establishment.--There is established a drug-free workplace demonstration program, under which the Administrator may make grants to, or enter into cooperative agreements or contracts with, eligible intermediaries for the purpose of providing financial and technical assistance to small business concerns seeking to establish a drug-free workplace program. ``(c) Evaluation and Coordination.--Not later than 1 year after the date of enactment of the Drug-Free Workplace Act of 1998, the Administrator, in coordination with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall-- ``(1) evaluate the drug-free workplace programs established with assistance made available under this section; and ``(2) submit to Congress a report describing the results of the evaluation under paragraph (1). ``(d) Contract Authority.--In carrying out this section, the Administrator may-- ``(1) contract with public and private entities to provide assistance related to carrying out the program under this section; and ``(2) compensate those entities for provision of that assistance. ``(e) Construction.--Nothing in this section may be construed to require an employer who attends a program offered by an intermediary to contract for any service offered by the intermediary. ``(f) Authorization.--There is authorized to be appropriated to carry out this section, $10,000,000 for fiscal year 1999. Amounts made available under this subsection shall remain available until expended.''. SEC. 5. SMALL BUSINESS DEVELOPMENT CENTERS. Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended-- (1) in subparagraph (R), by striking ``and'' at the end; (2) in subparagraph (S), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(T) providing information and assistance to small business concerns with respect to establishing drug-free workplace programs (as defined in section 32(a)).''.

Drug-Free Workplace Act of 1998 - Expresses the sense of the Congress that: (1) businesses should adopt drug-free workplace programs; and (2) States should consider incentives to encourage businesses to adopt such programs, such as reductions in workers' compensation or unemployment insurance premiums, tax deductions, or liability limitations. Amends the Small Business Act to establish a drug-free workplace demonstration program, under which the Administrator of the Small Business Administration (SBA) may make grants to, and contracts or cooperative agreements with, eligible intermediaries to provide financial assistance to small businesses seeking to establish such a program. Sets forth intermediary eligibility requirements. Requires such a program to include: (1) a written policy, including prohibitions against substances in the workplace and violation consequences; (2) alcohol and drug abuse prevention training for employees; (3) employee drug testing; (4) employee access to an assistance program; and (5) continuing alcohol and drug abuse prevention assistance. Authorizes appropriations. Requires small business development centers to provide information and assistance to small businesses in developing drug-free workplace programs.

Drug-free Workplace Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Beverage Container Reuse and Recycling Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) The failure to reuse and recycle empty beverage containers represents a significant and unnecessary waste of important national energy and material resources. (2) The littering of empty beverage containers constitutes a public nuisance, safety hazard, and aesthetic blight and imposes on public agencies, private businesses, farmers, and landowners unnecessary costs for the collection and removal of the containers. (3) Solid waste resulting from the empty beverage containers constitutes a significant proportion of municipal solid waste and increases the cost and problems of effectively managing the disposal of the waste. (4) It is difficult for local communities to raise the necessary capital to sustain affordable curbside recycling programs. (5) The reuse and recycling of empty beverage containers would help eliminate unnecessary burdens on individuals, State and local governments, and the environment. (6) Making new beverage containers from virgin resources uses more energy than using recycled materials. (7) Several States have previously enacted and implemented State laws designed to protect the environment, conserve energy and material resources, and promote resource recovery of waste by requiring a financial incentive in the form of a refund value on the sale of all beverage containers. (8) The laws referred to in paragraph (7) have proven inexpensive to administer and effective at reducing financial burdens on communities by internalizing the cost of recycling and litter control to the producers and consumers of beverages. (9) A national system for requiring a refund value on the sale of all beverage containers would act as a positive incentive to individuals to clean up the environment and would-- (A) result in a high level of reuse and recycling of the containers; (B) help reduce the costs associated with solid waste management; and (C) result in significant energy conservation and resource recovery. (10) The collection of unclaimed refunds from a national system of beverage container recycling would provide the resources necessary to assist comprehensive reuse and recycling programs throughout the United States. (11) Recycling beverage containers creates sustainable business and employment. (12) A national system of beverage container recycling is consistent with the intent of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). SEC. 3. BEVERAGE CONTAINER RECYCLING. (a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by adding at the end the following: ``Subtitle K--Beverage Container Recycling ``SEC. 12001. DEFINITIONS. ``In this subtitle: ``(1) Beverage.--The term `beverage' means beer or other malt beverages, water, juice, juice drinks, tea, coffee, sports drinks, soda water, wine coolers, or carbonated soft drinks of any variety in liquid form intended for human consumption. ``(2) Beverage container.--The term `beverage container' means a container-- ``(A) constructed of metal, glass, or plastic (or a combination of the materials); ``(B) having a capacity of up to 1 gallon of liquid; and ``(C) that is or has been sealed and used to contain a beverage for sale in interstate commerce. ``(3) Beverage distributor.--The term `beverage distributor' means a person who sells or offers for sale in interstate commerce to beverage retailers beverages in beverage containers for resale. ``(4) Beverage retailer.-- ``(A) In general.--The term `beverage retailer' means a person who-- ``(i) purchases from a beverage distributor beverages in beverage containers for sale to a consumer; or ``(ii) sells or offers to sell in commerce beverages in beverage containers to a consumer. ``(B) Beverage vending machines.--The Administrator shall promulgate regulations that define `beverage retailer' for any case in which a beverage in a beverage container is sold to a consumer through a beverage vending machine. ``(5) Consumer.--The term `consumer' means a person who purchases a beverage container for any use other than resale. ``(6) Refund value.--The term `refund value' means the amount specified as the refund value of a beverage container under section 12002. ``(7) Unbroken beverage container.--The term `unbroken beverage container' includes-- ``(A) a beverage container opened in a manner in which the container was designed to be opened; and ``(B) a beverage container made of metal or plastic that is compressed if the statement of the amount of the refund value of the container is still readable. ``(8) Wine cooler.--The term `wine cooler' means a drink containing less than 7 percent alcohol (by volume)-- ``(A) consisting of wine and plain, sparkling, or carbonated water; and ``(B) containing a non-alcoholic beverage, flavoring, coloring material, fruit juice, fruit adjunct, sugar, carbon dioxide, or preservatives (or any combination thereof). ``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING. ``(a) In General.--Except as provided in section 12007, no beverage distributor or beverage retailer may sell or offer for sale in interstate commerce a beverage in a beverage container unless there is clearly, prominently, and securely affixed to, or printed on, the container a statement of the refund value of the container in the amount of 10 cents (as adjusted under subsection (c)). ``(b) Size and Location of Statement.--The Administrator shall promulgate regulations establishing uniform standards for the size and location of the refund value statement on beverage containers. ``(c) Adjustments of Refund Value.-- ``(1) In general.--The Administrator shall adjust the amount of the refund value of the container under subsection (a)-- ``(A) on the date that is 10 years after the date of enactment of this subtitle, to reflect changes in the Consumer Price Index for all-urban consumers published by the Department of Labor since the date of enactment of this subtitle; and ``(B) on the date that is 10 years after the initial adjustment made under paragraph (1), and each 10 years thereafter, to reflect changes in the Consumer Price Index for all-urban consumers published by the Department of Labor since the most recent adjustment. ``(2) Rounding.--The Administrator shall round any adjustment under paragraph (1) to the nearest 5 cent increment. ``SEC. 12003. COLLECTION OF REFUND VALUE. ``(a) Collection From Retailers by Distributors.--In the case of each beverage in a beverage container sold in interstate commerce to a beverage retailer by a beverage distributor, the distributor shall collect from the retailer the amount of the refund value shown on the container. ``(b) Collection From Consumers by Retailers.--In the case of each beverage in a beverage container sold in interstate commerce to a consumer by a beverage retailer, the retailer shall collect from the consumer the amount of the refund value shown on the container. ``(c) Other Collections.--No person other than a person described in subsection (a) or (b) may collect a deposit on a beverage container. ``SEC. 12004. RETURN OF REFUND VALUE. ``(a) Payment by Retailer.--If a person tenders for refund an empty and unbroken beverage container to a beverage retailer who sells (or has sold at any time during the 90-day period ending on the date of tender) the same brand of beverage in the same kind and size of container, the retailer shall promptly pay the person the amount of the refund value stated on the container. ``(b) Payment by Distributor.-- ``(1) In general.--If a person tenders for refund an empty and unbroken beverage container to a beverage distributor who sells (or has sold at any time during the 90-day period ending on the date of tender) the same brand of beverage in the same kind and size of container, the distributor shall promptly pay the person-- ``(A) the amount of the refund value stated on the container; plus ``(B) an amount equal to at least 2 cents per container to help defray the cost of handling. ``(2) Tendering beverage containers to other persons.--This subsection shall not preclude any person from tendering a beverage container to a person other than a beverage distributor. ``(c) Agreements.-- ``(1) In general.--Nothing in this subtitle precludes an agreement between a distributor, a retailer, or other person to establish a centralized beverage collection center, including a center that acts as an agent of the retailer. ``(2) Agreement for crushing or bundling.--Nothing in this subtitle precludes an agreement between a beverage retailer, a beverage distributor, or other person for the crushing or bundling (or both) of beverage containers. ``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE RECYCLING FUNDS. ``(a) Unclaimed Refunds.-- ``(1) Payments to states.--At the end of each calendar year, each beverage distributor shall pay to each State an amount equal to the sum by which the total refund value of all containers sold by the distributor for resale in that State during the year exceeds the total sum paid during that year by the distributor under section 12004(b) to persons in the State. ``(2) Use by states.--The total amount of unclaimed refunds received by any State under this section shall be available to carry out pollution prevention and recycling programs in the State. ``(b) Refunds in Excess of Collections.--If the total amount of payments made by a beverage distributor for any calendar year under section 12004(b) for any State exceeds the total amount of the refund values of all containers sold by the distributor for resale in the State, the excess shall be credited against the amount otherwise required to be paid by the distributor to that State under subsection (a) for a subsequent calendar year, designated by the beverage distributor. ``SEC. 12006. PROHIBITIONS ON DETACHABLE OPENINGS AND POST-REDEMPTION DISPOSAL. ``(a) Detachable Openings.--No beverage distributor or beverage retailer may sell, or offer for sale, in interstate commerce a beverage in a metal beverage container a part of which is designed to be detached in order to open the container. ``(b) Post-Redemption Disposal.--No retailer or distributor or agent of a retailer or distributor may dispose of any beverage container labeled pursuant to section 12002 or any metal, glass, or plastic from the beverage container (other than the top or other seal of the container) in any landfill or other solid waste disposal facility. ``SEC. 12007. EXEMPTED STATES. ``(a) In General.-- ``(1) Exemption.--Sections 12002 through 12005 and sections 12008 and 12009 shall not apply in any State that-- ``(A) has adopted and implemented requirements applicable to all beverage containers sold in the State if the Administrator determines the requirements to be substantially similar to the requirements of sections 12002 through 12005 and sections 12008 and 12009; or ``(B) demonstrates to the Administrator that, for any 1-year period following the date of enactment of this subtitle, the State achieved a recycling or reuse rate for beverage containers of at least 80 percent. ``(2) Termination of exemption.--If (following a determination by the Administrator under paragraph (1)(B) that a State has achieved an 80 percent recycling or reuse rate) the Administrator determines that the State has failed, for any 1- year period, to maintain at least an 80 percent recycling or reuse rate of beverage containers, the Administrator shall notify the State that, on the expiration of the 90-day period following the notification, sections 12002 through 12005 and sections 12008 and 12009 shall apply with respect to the State until a subsequent determination is made under paragraph (1)(A) or a demonstration is made under paragraph (1)(B). ``(b) Determination of Tax.--No State or political subdivision of a State that imposes a tax on the sale of any beverage container may impose a tax on any amount attributable to the refund value of the container. ``(c) Effect on Other Laws.--Nothing in this subtitle affects the authority of any State or political subdivision of a State-- ``(1) to enact or enforce (or continue in effect) any law concerning a refund value on containers other than beverage containers; or ``(2) to regulate redemption and other centers that purchase empty beverage containers from beverage retailers, consumers, or other persons. ``SEC. 12008. PENALTIES. ``(a) In General.--A person who violates section 12002, 12003, 12004, or 12006 shall be subject to a civil penalty of not more than $1,000 for each violation. ``(b) Accounting for Unclaimed Refunds and Provisions for State Recycling Funds.--A person who violates section 12005 shall be subject to a civil penalty of not more than $10,000 for each violation. ``SEC. 12009. REGULATIONS. ``Not later than 1 year after the date of enactment of this subtitle, the Administrator shall promulgate regulations to carry out this subtitle. ``SEC. 12010. EFFECTIVE DATE. ``Except as provided in section 12009, this subtitle takes effect on the date that is 2 years after the date of enactment of this subtitle.''. (b) Table of Contents.--The table of contents for the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end the following: ``Subtitle K--Beverage Container Recycling ``Sec. 12001. Definitions. ``Sec. 12002. Required beverage container labeling. ``Sec. 12003. Collection of refund value. ``Sec. 12004. Return of refund value. ``Sec. 12005. Accounting for unclaimed refunds and provisions for State recycling funds. ``Sec. 12006. Prohibitions on detachable openings and post-redemption disposal. ``Sec. 12007. Exempted States. ``Sec. 12008. Penalties. ``Sec. 12009. Regulations. ``Sec. 12010. Effective date.''.

National Beverage Container Reuse and Recycling Act of 2001 - Amends the Solid Waste Disposal Act to prohibit the sale of certain beverages unless the containers carry a refund value of ten cents.Makes unclaimed refunds (the amount by which the total refund value of all containers sold by distributors exceeds the amount paid by distributors to persons in a State) available to a State for carrying out pollution prevention and recycling programs.Prohibits distributors and retailers from: (1) selling beverages in metal beverage containers with detachable openings; and (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities.Makes this Act inapplicable to States that have adopted requirements similar to those under this Act or that have demonstrated a recycling or reuse rate for beverage containers of at least 80 percent.Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value.

To amend the Solid Waste Disposal Act to require a refund value for certain beverage containers, to provide resources for State pollution prevention and recycling programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevention and Deterrence of International Conflict Act of 1999 (PREDICT)''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On August 24, 1997, the Chairman of the Joint Chiefs of Staff assured Congress in writing that the acquisition of an intercontinental ballistic missile capability by a rogue nation without the detection of the United States intelligence community would be an ``unlikely event''. (2) The United States intelligence community did not detect the August 31, 1998 launching of an intercontinental multistage rocket by the Government of the People's Democratic Republic of Korea. (3) On May 11, 1998 and May 13, 1998, the Government of India broke a 24-year voluntary moratorium by conducting 5 underground nuclear tests. (4) The Secretary of Defense predicted thereafter that these tests by the Government of India could induce other nations to obtain nuclear weapons technologies. (5) On May 28, 1998, the Government of Pakistan announced that for the first time, it had conducted 5 underground nuclear tests and acknowledged ongoing efforts to place nuclear warheads on missiles capable of striking any target in India. (6) The Director of Central Intelligence has accepted the June 2, 1998, findings of an independent investigation revealing that the Central Intelligence Agency lacked adequate analytical capabilities to detect the explosions in India despite satellite-generated evidence to the contrary and repeated declarations by representatives of the Government of India of an intent to improve India's nuclear arsenal. (7) Written assessments by the United States Air Force and the Central Intelligence Agency conflicted on the issue of whether the May 10, 1996 transmission to the Government of China of a private industry report exploring the potential causes of an earlier rocket crash contained information that may advance the capabilities of China to launch missiles equipped with nuclear warheads. (8) The President did not receive or review the Air Force assessment prior to his February 18, 1998, approval of a license for the export of a commercial satellite to China. (9) A March 11, 1998, report by the National Air Intelligence Center concluded that Chinese strategic missiles equipped with nuclear warheads pose a threat to the United States. SEC. 3. ESTABLISHMENT AND COMPOSITION OF THE TASK FORCE. (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the President shall establish the Task Force on Regional Threats to International Security (in this Act referred to as the ``Task Force''). (b) Composition.--The Task Force shall consist of-- (1) one official of the Department of State, who shall be appointed by the Secretary of State; (2) one official of the Department of Defense, who shall be appointed by the Secretary of Defense; (3) one official of the Department of Commerce, who shall be appointed by the Secretary of Commerce; (4) one official each of any appropriate United States agency (as defined in section 551(1) of title 5, United States Code) designated by the President, who shall be appointed by the head of the agency; and (5) one official each of any appropriate agency, entity, or component of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)) designated by the President, who shall be appointed by the agency, entity, or component, as the case may be. SEC. 4. DUTIES OF THE TASK FORCE. (a) In General.--Under the direction of the President, the Task Force shall develop and execute plans, in cooperation with foreign allied governments when appropriate, for-- (1) the active mediation of the United States to foster negotiations between or among foreign governments engaged in civil, ethnic, or geographic conflicts that increase the risk of the acquisition, testing, or the deployment of weapons of mass destruction; (2) trade, economic reform, and investment programs of the United States to promote the market-based development of the countries described in paragraph (1) to reduce incentives for the acquisition or use of such weapons; and (3) a revised and integrated intelligence network that gathers, analyzes, and transmits all vital data to the President in advance of policy decisions related to such weapons. (b) Reports.--Beginning 6 months after the date of enactment of this Act, and every 6 months thereafter, the Task Force shall submit a report to Congress on the progress made during the preceding 6 months in carrying out its responsibilities pursuant to paragraphs (1), (2), and (3) of subsection (a). SEC. 5. TERMINATION OF TASK FORCE AUTHORITY. The Task Force shall terminate on October 1, 2001.

Prevention and Deterrence of International Conflict Act of 1999 - Establishes the Task Force on Regional Threats to International Security. Directs the Task Force to develop and execute plans, in cooperation with foreign allied governments when appropriate, for: (1) the active mediation of the United States to foster negotiations between or among foreign governments engaged in civil, ethnic, or geographic conflicts that increase the risk of the acquisition of weapons of mass destruction; (2) trade, economic reform, and investment programs of the United States to promote the market-based development of such countries to reduce incentives for the acquisition of such weapons; and (3) a revised and integrated network that gathers, analyzes, and transmits vital data to the President in advance of policy decisions related to such weapons. Terminates the Task Force on October 1, 2001.

PREDICT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Infrastructure Banks Act of 1995''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there are new financial concepts for transportation programs which cannot be accommodated within the structure of traditional Federal reimbursement programs; and (2) States need more freedom in developing methods to provide low-cost support for the public half of developing public-private transportation partnerships. (b) Purpose.--The purpose of this Act is to provide States the option of using State infrastructure banks for financing transportation projects. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) State.--The term ``State'' has the meaning such term has under section 401 of title 23, United States Code. (3) State infrastructure bank.--The term ``State infrastructure bank'' means an infrastructure investment fund created at the State or multi-State level to provide the State with a variety of methods of financing transportation projects. SEC. 4. STATE INFRASTRUCTURE BANKS. (a) Consent to Interstate Compacts.--Congress grants consent to the States to establish State infrastructure banks and to enter into interstate compacts establishing State infrastructure banks to promote regional or multi-State investment in transportation infrastructure and thereby improve economic productivity. (b) Assistance for Transportation Projects, Programs, and Activities.--A State or State infrastructure bank established under this Act may make loans, issue debt under the authority of the bank's State jurisdictions either jointly or separately as the bank and its jurisdictions determine and provide other assistance to public or private entities constructing, or proposing to construct or initiate, transportation projects, programs, or activities that are eligible to receive financial assistance under title 23, United States Code, or under the Intermodal Surface Transportation Efficiency Act of 1991. (c) Forms of Assistance.--A State infrastructure bank may loan or provide other assistance to a public or private entity in an amount equal to all or part of the cost of construction or capital cost of a qualifying transportation project. The amount of any loan or other assistance received for a qualifying project under this Act may be subordinated to any other debt financing for the project. For purposes of this subsection, the term ``other assistance'' includes any use of funds for the purpose of credit enhancements, use as a capital reserve for bond or debt instrument financing, bond or debt instrument financing issuance costs, bond or debt issuance financing insurance, subsidizing of interest rates, letters of credit, credit instruments, bond or debt financing instrument security, other forms of debt financing that relate to the qualifying project, and other leveraging tools approved by the Secretary. (d) State Infrastructure Bank Requirements.--In order to qualify as a State infrastructure bank under this section, each participating State shall-- (1) ensure that the bank maintains on a continuing basis an investment grade rating on its debt issuances or has a sufficient level of bond or debt financing instrument insurance to maintain the viability of the bank; (2) ensure that investment income generated by the funds deposited into the bank will be-- (A) credited to the bank; (B) available for use in providing loans and other assistance to qualifying transportation projects, programs, and activities from the bank; and (C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may provide to earn interest to enhance the leveraging of qualifying transportation projects, programs, and activities; (3) provide that the repayment of a loan or other assistance to a State from any loan under this Act may be credited to the bank or obligated for any purpose for which the loaned funds were available under such title 23; (4) ensure that any loan from the bank will bear any positive interest the bank determines appropriate to make the qualifying project, program, or activity feasible; (5) ensure that repayment of any loan from the bank will commence not later than 5 years after the facility has opened to traffic or the project, program, or activity has been completed; (6) ensure that the term for repaying any loan will not exceed 30 years from the date of obligation of the loan; (7) limit any assignment, transfer, or loan to the bank to not more than the amount which a State transfers under subsection (f); and (8) require the bank to make an annual report to the Secretary on its status no later than September 30 of each year. (e) Secretarial Requirements.--In administering this Act, the Secretary shall-- (1) ensure that Federal disbursements for capital reserves shall be at a rate consistent with historic rates for the Federal-aid highway program; and (2) specify procedures and guidelines for establishing, operating, and making loans from a State infrastructure bank under this Act. (f) Contributions From Title 23 Apportionments.--(1) Notwithstanding the provisions of title 23, United States Code, and the Intermodal Surface Transportation Efficiency Act of 1991, a State may transfer to a State infrastructure bank not to exceed 15 percent of Federal funds apportioned under sections 104(b)(1), 104(b)(3), and 104(b)(5)(B) of such title and a corresponding amount of obligational authority. A State may not transfer funds that are suballocated under such title. (2) A State may disburse funds transferred under paragraph (1) to a State infrastructure bank at a rate that does not exceed the traditional rate of disbursement for the Federal-aid highway program. (g) United States Not Obligated.--The deposit of Federal apportionments into a State infrastructure bank shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the deposit. Furthermore, any security or debt financing instrument issued by a State infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (h) Management of Federal Funds.--Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds used as a capital reserve under this Act. (i) Program Administration.--For each fiscal year, a State may contribute to a State infrastructure bank an amount not to exceed 2 percent of the Federal funds deposited into the bank by the State to provide for the reasonable costs of administering the bank.

State Infrastructure Banks Act of 1995 - Grants the consent of the Congress to the States to establish State infrastructure banks, and to enter into interstate compacts establishing such banks to promote regional or multi-State investment in transportation infrastructure and thereby improve economic activity. Authorizes a State or State infrastructure bank to make loans, issue debt, and provide other assistance to public and private entities constructing transportation projects, programs, or activities that are eligible to receive assistance under specified Federal provisions. Sets forth provisions regarding: (1) the forms of State infrastructure bank assistance; and (2) State infrastructure bank requirements.

State Infrastructure Banks Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Protection and Baby Switching Prevention Act of 2011''. SEC. 2. MEDICARE PAYMENTS TO HOSPITALS CONTINGENT ON IMPLEMENTATION OF SECURITY PROCEDURES REGARDING INFANT PATIENT PROTECTION AND BABY SWITCHING. (a) Agreements With Hospitals.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) in subparagraph (V), by striking ``and'' at the end; (2) in the subparagraph (W) added by section 3005(1)(C) of Public Law 111-148, by moving its margin 2 ems to the left and by striking the period at the end and inserting a comma; (3) in the subparagraph (W) added by section 6406(b)(3) of such Act, by redesignating such subparagraph as subparagraph (X), by moving its margin 2 ems to the left, and by striking the period at the end and inserting ``, and''; and (4) by inserting after subparagraph (X), as so redesignated, the following new subparagraph: ``(Y) in the case of hospitals and critical access hospitals that provide neonatal or infant care, to have in effect security procedures that meet standards established by the Secretary (in consultation with appropriate organizations) to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital.''. (b) Regulations.-- (1) In general.--In promulgating regulations under subparagraph (Y) of section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)), as added by subsection (a), the Secretary of Health and Human Services shall-- (A) consult with various organizations representing consumers, appropriate State and local regulatory agencies, hospitals, and critical access hospitals; (B) take into account variations in size and location of hospitals and critical access hospitals, and the percentage of overall services furnished by such hospitals and critical access hospitals that neonatal care and infant care represent; and (C) promulgate specific regulations that address each size and type of hospital covered. (2) Deadline for publication.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall publish the regulations required under paragraph (1). In order to carry out this requirement in a timely manner, the Secretary may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment. (c) Penalties.-- (1) Amount of penalty.--A hospital that participates in the Medicare program under title XVIII of the Social Security Act under an agreement pursuant to section 1866 of such Act (42 U.S.C. 1395cc) that commits a violation described in paragraph (2) is subject to a civil money penalty of not more than $50,000 (or not more than $25,000 in the case of a hospital with fewer than 100 beds) for each such violation. (2) Violation described.--A hospital described in paragraph (1) commits a violation for purposes of this subsection if the hospital fails to have in effect security procedures that meet standards established by the Secretary of Health and Human Services under section 1866(a)(1)(Y) of such Act, as added by subsection (a), to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital. (3) Administrative provisions.--The provisions of section 1128A of such Act (42 U.S.C. 1320a-7a), other than subsections (a) and (b), shall apply to a civil money penalty under this subsection in the same manner as such provisions apply with respect to a penalty or proceeding under section 1128A(a) of such Act. (d) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 18 months after the date of the enactment of this Act, and shall apply to contracts entered into or renewed under section 1866 of the Social Security Act (42 U.S.C. 1395cc) on or after such date. SEC. 3. BABY SWITCHING PROHIBITED. (a) In General.--Chapter 55 of title 18, United States Code, is amended by adding at the end the following: ``SEC. 1205. BABY SWITCHING. ``(a) Whoever being in interstate commerce knowingly alters or destroys an identification record of a newborn patient with the intention that the newborn patient be misidentified by any person shall be fined not more than $250,000 in the case of an individual and not more than $500,000 in the case of an organization, or imprisoned not more than ten years, or both. ``(b) As used in this section, the term `identification record' means a record maintained by a hospital to aid in the identification of newborn patients of the hospital, including any of the following: ``(1) The footprint, fingerprint, or photograph of the newborn patient. ``(2) A written description of the infant. ``(3) An identification bracelet or anklet put on the newborn patient, or the mother of the newborn patient, by a staff member of the hospital.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of title 18, United States Code, is amended by adding at the end the following new item: ``1205. Baby switching.''.

Infant Protection and Baby Switching Prevention Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to require certain hospitals reimbursed under Medicare, which also provide neonatal and infant care, to have in effect security procedures to reduce the likelihood of infant patient abduction and baby switching, including procedures for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing. Establishes civil penalties for failure to have such security procedures in effect. Amends the federal criminal code to prohibit and establish criminal penalties for baby switching in hospitals.

To amend title XVIII of the Social Security Act to require hospitals reimbursed under the Medicare system to establish and implement security procedures to reduce the likelihood of infant patient abduction and baby switching, including procedures for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Site Redevelopment Assistance Act of 2002''. SEC. 2. PURPOSES. Consistent with section 2 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121), the purposes of this Act are-- (1) to provide targeted assistance, including planning assistance, for projects that promote-- (A) the redevelopment, restoration, and economic recovery of brownfield sites; and (B) eco-industrial development; and (2) through such assistance, to further the goals of restoring the employment and tax bases of, and bringing new income and private investment to, distressed communities that have not participated fully in the economic growth of the United States because of a lack of an adequate private sector tax base to support essential public services and facilities. SEC. 3. DEFINITIONS. Section 3 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3122) is amended-- (1) by redesignating paragraphs (1), (2), and (3) through (10) as paragraphs (2), (3), and (5) through (12), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: ``(1) Brownfield site.-- ``(A) In general.--The term `brownfield site' means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of-- ``(i) a hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); or ``(ii) any other pollutant or contaminant, as determined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency. ``(B) Exclusions.--Except as provided in subparagraph (C), the term `brownfield site' does not include-- ``(i) a facility that is the subject of a planned or ongoing removal action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); ``(ii) a facility that is listed on the National Priorities List, or is proposed for listing on that list, under that Act; ``(iii) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent, or a judicial consent decree that has been issued to or entered into by the parties under that Act; ``(iv) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent, or a judicial consent decree that has been issued to or entered into by the parties, or a facility to which a permit has been issued by the United States or an authorized State, under-- ``(I) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); ``(II) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(III) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or ``(IV) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); ``(v) a facility-- ``(I) that is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)); and ``(II) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures; ``(vi) a land disposal unit with respect to which-- ``(I) a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted; and ``(II) closure requirements have been specified in a closure plan or permit; ``(vii) a facility that is subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe; ``(viii) a portion of a facility-- ``(I) at which there has been a release of polychlorinated biphenyls; and ``(II) that is subject to remediation under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or ``(ix) a portion of a facility, for which portion, assistance for response activity has been obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established by section 9508 of the Internal Revenue Code of 1986. ``(C) Site-by-site inclusions.--The term `brownfield site' includes a site referred to in clause (i), (iv), (v), (vi), (viii), or (ix) of subparagraph (B), if, on a site-by-site basis, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, determines that use of the financial assistance at the site will-- ``(i) protect human health and the environment; and ``(ii)(I) promote economic development; ``(II) enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes; or ``(III) promote eco-industrial development. ``(D) Additional inclusions.--The term `brownfield site' includes a site that meets the definition of `brownfield site' under subparagraphs (A) through (C) that-- ``(i) is contaminated by a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(ii)(I) is contaminated by petroleum or a petroleum product excluded from the definition of `hazardous substance' under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601); ``(II) is a site determined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, to be-- ``(aa) of relatively low risk, as compared with other petroleum-only sites in the State in which the site is located; and ``(bb) a site for which there is no viable responsible party and that will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site; and ``(III) is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)); or ``(iii) is mine-scarred land.''; (3) by inserting after paragraph (3) (as redesignated by paragraph (1)) the following: ``(4) Eco-industrial development.--The term `eco-industrial development' means development conducted in a manner in which businesses cooperate with each other and the local community to efficiently share resources (such as information, materials, water, energy infrastructure, and natural habitat) with the goals of-- ``(A) economic gains; ``(B) improved environmental quality; and ``(C) equitable enhancement of human resources in businesses and local communities.''; and (4) by adding at the end the following: ``(13) Unused land.--The term `unused land' means any publicly-owned or privately-owned unused, underused, or abandoned land that is not contributing to the quality of life or economic well-being of the community in which the land is located.''. SEC. 4. COORDINATION. Section 103 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3132) is amended-- (1) by inserting ``(a) Comprehensive Economic Development Strategies.--'' before ``The Secretary''; and (2) by adding at the end the following: ``(b) Brownfield Site Redevelopment.--The Secretary shall coordinate activities relating to the redevelopment of brownfield sites and the promotion of eco-industrial development under this Act with other Federal agencies, States, local governments, consortia of local governments, Indian tribes, nonprofit organizations, and public-private partnerships.''. SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT. (a) In General.--Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended-- (1) by redesignating sections 210 through 213 as sections 211 through 214, respectively; and (2) by inserting after section 209 the following: ``SEC. 210. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT. ``(a) In General.--On the application of an eligible recipient, the Secretary may make grants for projects to alleviate or prevent conditions of excessive unemployment, underemployment, blight, and infrastructure deterioration associated with brownfield sites, including projects consisting of-- ``(1) development of public facilities; ``(2) development of public services; ``(3) business development (including funding of a revolving loan fund); ``(4) planning; ``(5) technical assistance; and ``(6) training. ``(b) Criteria for Grants.--The Secretary may provide a grant for a project under this section only if-- ``(1) the Secretary determines that the project will assist the area where the project is or will be located to meet, directly or indirectly, a special need arising from-- ``(A) a high level of unemployment or underemployment, or a high proportion of low-income households; ``(B) the existence of blight and infrastructure deterioration; ``(C) dislocations resulting from commercial or industrial restructuring; ``(D) outmigration and population loss, as indicated by-- ``(i)(I) depletion of human capital (including young, skilled, or educated populations); ``(II) depletion of financial capital (including firms and investment); or ``(III) a shrinking tax base; and ``(ii) resulting-- ``(I) fiscal pressure; ``(II) restricted access to markets; and ``(III) constrained local development potential; or ``(E) the closure or realignment of-- ``(i) a military or Department of Energy installation; or ``(ii) any other Federal facility; and ``(2) except in the case of a project consisting of planning or technical assistance-- ``(A) the Secretary has approved a comprehensive economic development strategy for the area where the project is or will be located; and ``(B) the project is consistent with the comprehensive economic development strategy. ``(c) Particular Community Assistance.--Assistance under this section may include assistance provided for activities identified by a community, the economy of which is injured by the existence of 1 or more brownfield sites, to assist the community in-- ``(1) revitalizing affected areas by-- ``(A) diversifying the economy of the community; or ``(B) carrying out industrial or commercial (including mixed use) redevelopment, or eco-industrial development, projects on brownfield sites or sites adjacent to brownfield sites; ``(2) carrying out development that conserves environmental and agricultural resources by-- ``(A) reusing existing facilities and infrastructure; ``(B) reclaiming unused land and abandoned buildings; or ``(C) promoting eco-industrial development, and environmentally responsible development, of brownfield sites; or ``(3) carrying out a collaborative economic development planning process, developed with broad-based and diverse community participation, that addresses the economic repercussions and opportunities posed by the existence of brownfield sites in an area. ``(d) Direct Expenditure or Redistribution by Eligible Recipient.-- ``(1) In general.--Subject to paragraph (2), an eligible recipient of a grant under this section may directly expend the grant funds or may redistribute the funds to public and private entities in the form of a grant, loan, loan guarantee, payment to reduce interest on a loan guarantee, or other appropriate assistance. ``(2) Limitation.--Under paragraph (1), an eligible recipient may not provide any grant to a private for-profit entity.''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. prec. 3121) is amended by striking the items relating to sections 210 through 213 and inserting the following: ``Sec. 210. Grants for brownfield site redevelopment. ``Sec. 211. Changed project circumstances. ``Sec. 212. Use of funds in projects constructed under projected cost. ``Sec. 213. Reports by recipients. ``Sec. 214. Prohibition on use of funds for attorney's and consultant's fees.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Title VII of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended by adding at the end the following: ``SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR BROWNFIELD SITE REDEVELOPMENT. ``(a) In General.--In addition to amounts made available under section 701, there is authorized to be appropriated to carry out section 210 $60,000,000 for each of fiscal years 2003 through 2007, to remain available until expended. ``(b) Federal Share.--Notwithstanding section 204, subject to section 205, the Federal share of the cost of activities funded with amounts made available under subsection (a) shall be not more than 75 percent.''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. prec. 3121) is amended by adding at the end of the items relating to title VII the following: ``Sec. 704. Authorization of appropriations for brownfield site redevelopment.''.

Brownfield Site Redevelopment Assistance Act of 2002 - Amends the Public Works and Economic Development Act of 1965 to authorize the Secretary of Commerce to make grants for projects to alleviate or prevent conditions of excessive unemployment, underemployment, blight, and infrastructure deterioration associated with brownfield sites.Defines a "brownfield site," with exceptions, as real property the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance or pollutant. Allows inclusions of sites otherwise excluded from consideration if: (1) financial assistance will protect human health and the environment, promote economic development or enable the creation of parks, greenways, or other property used for nonprofit purposes, or promote eco-industrial development; (2) they were contaminated by a controlled substance; (3) they are certain low-risk petroleum-contaminated sites; or (4) they are mine-scarred.Defines eco-industrial development as development conducted in a manner in which businesses cooperate with each other and the local community to share resources efficiently (such as information, materials, water, energy infrastructure, and natural habitat) with the goals of economic gains, improved environmental quality, and equitable enhancement of human resources in businesses and local communities.

To amend Public Works and Economic Development Act of 1965 to provide assistance for brownfield site redevelopment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limiting Internet and Blanket Electronic Review of Telecommunications and Email Act'' or ``LIBERT-E Act''. SEC. 2. REFORMS TO ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS. Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended-- (1) in subsection (b)(2)(A)-- (A) in the matter preceding clause (i)-- (i) by inserting ``specific and articulable'' before ``facts showing''; (ii) by inserting ``and material'' after ``are relevant''; and (iii) by striking ``clandestine intelligence activities'' and all that follows and inserting ``clandestine intelligence activities and pertain only to an individual that is the subject of such investigation; and''; and (B) by striking clauses (i) through (iii); (2) in subsection (c)(2)-- (A) in subparagraph (D), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) shall direct the applicant to provide notice to each person required to produce a tangible thing under the order of-- ``(i) the right to challenge the legality of a production order or nondisclosure order (as defined in subsection (f)) by filing a petition in accordance with subsection (f); and ``(ii) the procedures to follow to file such a petition in accordance with such subsection.''; and (3) in subsection (f)(2)-- (A) in subparagraph (A)-- (i) in clause (i)-- (I) in the first sentence, by striking ``production order'' and inserting ``production order or nondisclosure order''; and (II) by striking the second sentence; and (ii) in clause (ii) in the third sentence, by striking ``production order or nondisclosure order'' and inserting ``order''; and (B) in subparagraph (C)-- (i) by striking clause (ii); and (ii) by redesignating clause (iii) as clause (ii). SEC. 3. ADDITIONAL DISCLOSURES TO CONGRESS AND THE PUBLIC. (a) In General.--Section 601 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) Additional Disclosures to Congress and the Public.-- ``(1) All members of congress.--Not later than 45 days after the date on which the Attorney General submits a report, decision, order, opinion, pleading, application, or memoranda of law under subsection (a) or (c), the Attorney General shall make such report, decision, order, opinion, pleading, application, or memoranda of law available to all Members of Congress (including the Delegates and Resident Commissioner to the Congress) in a manner consistent with the protection of national security. ``(2) Unclassified summaries of decisions, orders, or opinions.--Not later than 180 days after the date on which the Attorney General submits a decision, order, or opinion under subsection (c), the Attorney General shall make publicly available an unclassified summary of such decision, order, or opinion.''. (b) Submissions Made Prior to Date of Enactment.-- (1) All members of congress.--Not later than 45 days after the date of the enactment of this Act, the Attorney General shall make each report, decision, order, opinion, pleading, application, or memoranda of law submitted under subsection (a) or (c) of section 601 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) prior to the date of the enactment of this Act available to all Members of Congress (including the Delegates and Resident Commissioner to the Congress) in a manner consistent with the protection of national security. (2) Unclassified summaries of decisions, orders, or opinions.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall make publicly available an unclassified summary of each decision, order, or opinion submitted under section 601(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(c)) prior to the date of the enactment of this Act. SEC. 4. REPORT ON IMPACT OF PROVISIONS RELATING TO ACCESS TO CERTAIN BUSINESS RECORDS AND TARGETING NON-UNITED STATES PERSONS OUTSIDE OF THE UNITED STATES ON PRIVACY OF PERSONS LOCATED IN THE UNITED STATES. (a) Report.--Not later than one year after the date of enactment of this Act, the Inspector General of the Department of Justice and the inspector general of each element of the intelligence community authorized to acquire information pursuant to an order under section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) or an order or determination under section 702 of such Act (50 U.S.C. 1881a) on or after October 26, 2001, shall jointly submit to Congress a report on the impact of acquisitions made under such section 501 or such section 702 on or after October 26, 2001, on the privacy interests of United States persons. (b) Contents.--The report required by subsection (a) shall include the following (1) An assessment of the impact that implementation of section 501 (as in effect on or after October 26, 2001) and section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861, 1881a) has had on the privacy of persons inside the United States. (2) An assessment of the extent to which acquisitions made under such section 501 and such section 702 have resulted in the acquisition or review of the contents of communications of persons located inside the United States, including-- (A) the number of persons located inside the United States who have had the contents of their communications acquired under such section 501 or such section 702, and the number of persons located inside the United States who have had the contents of their communications reviewed under such section 501 or such section 702; or (B) if it is not possible to determine such numbers, the estimate of the inspectors general of such numbers made using representative sampling or other analytical techniques. (3) A review of the inspectors general of incidents of non- compliance with such section 501 or such section 702, with a particular focus on any types of non-compliance incidents that have recurred, and the impact of such non-compliance on the privacy of persons inside the United States. (c) Disclosure to the Public.--Not later than 180 days after the date on which the report required by subsection (a) is submitted, the Inspector General of the Department of Justice shall make such report available to the public, with any redactions limited to those that are necessary to protect properly classified information. (d) Intelligence Community Defined.--In this section, the term ``intelligence community'' has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). SEC. 5. FORM OF ASSESSMENTS OF PROCEDURES TARGETING CERTAIN PERSONS LOCATED OUTSIDE THE UNITED STATES. Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is amended by adding at the end the following new paragraph: ``(4) Form of assessments and reviews.--Each assessment or review required under paragraph (1), (2), or (3) shall be submitted or provided in unclassified form, but may include a classified annex.''.

Limiting Internet and Blanket Electronic Review of Telecommunications and Email Act or the LIBERT-E Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) (as amended by the USA PATRIOT Act) to require the Federal Bureau of Investigation (FBI), in applications for court orders requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities, to include a statement of specific and articulable facts showing reasonable grounds to believe that such things are relevant and material to an authorized investigation. (Currently, a general statement of facts must only show that the tangible things are relevant to an authorized investigation.) Requires that the items sought pertain only to an individual that is the subject of such investigation. Removes a list of production items currently designated as presumptively relevant. Requires a judge approving the release of such tangible things to enter orders directing the applicant to notify each person required to produce items of the right to challenge the legality of a production or nondisclosure order as well as the procedures for filing a petition for such a challenge. Removes a requirement that a judge considering a petition to modify or set aside a nondisclosure order treat as conclusive a certification by the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the FBI Director that disclosure may endanger national security or interfere with diplomatic relations. Directs the Attorney General to make available to all Members of Congress information currently provided to House and Senate intelligence and judiciary committees, including the number of persons targeted for FISA orders, the number of times the Attorney General has authorized such information to be used in a criminal proceeding, and copies of applications, pleadings, orders, and decisions in matters before the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review. Requires unclassified summaries of significant decisions, orders, or opinions of such Courts to be made available to the public. Directs the Inspector General of the Department of Justice (DOJ) and inspectors general of each element of the intelligence community authorized to acquire information pursuant to specified FISA orders to jointly report to Congress on the impact of such acquisitions on the privacy interests of U.S. persons. Requires the DOJ Inspector General to make such report available to the public, with any redactions limited to those necessary to protect properly classified information. Requires assessments and reviews regarding guidelines for targeting certain persons located outside the United States and minimization procedures to be submitted in unclassified form, with a classified annex permitted.

LIBERT-E Act

SECTION 1. FINDINGS. Congress finds the following: (1) United States workers employed at nearly 2,600 marine facilities and onboard nearly 13,000 United States-flag vessels are required to carry a Transportation Worker Identification Credential (TWIC) under the Maritime Transportation Security Act of 2002 (MTSA). Department of Homeland Security (DHS) regulations require merchant mariners who hold a Coast Guard- issued Merchant Mariner Credential (MMC) and individuals who require unescorted access to secure areas of MTSA-regulated vessels and facilities to carry a TWIC. (2) To date, nearly two million transportation workers have applied for and received a TWIC. Applicants must pay $132.50 to obtain the TWIC, and make two or more trips to an enrollment center to apply for, and then to pick up and activate, their TWIC. (3) A TWIC is valid for a maximum of five years, at which time the cardholder must request issuance of a new card. This process requires workers to make an additional two or more trips to the enrollment center and again pay $132.50 to receive a new card. (4) In addition to the cost of the card, workers face the burden of making two or more time-consuming and often expensive round trips to a TWIC enrollment center. In many instances, the nearest enrollment center is hundreds of miles from a worker's home. (5) The TWIC enrollment process requiring two or more round trips to an enrollment center is not mandated by statute or by regulation. The process is driven by a DHS policy decision to align the requirements for TWIC issuance with standards for Personal Identity Verification (PIV) for Federal employees and contractors. These standards are contained in Federal Information Processing Standard Publication 201 (FIPS-201). (6) While DHS has made the policy decision to generally align the TWIC enrollment process with the FIPS-201 standard, the Department may elect to deviate from this standard in instances where it believes an alternative approach is more appropriate for the TWIC program. (7) Unlike other Government-issued credentials that adhere to the FIPS-201 standard, the TWIC is effectively a work permit for a highly-mobile private sector workforce. (8) Possession of a TWIC does not allow a TWIC holder to gain unescorted access to secure areas of MTSA-regulated vessels and facilities unless the TWIC holder is authorized to do so under a Coast Guard-approved vessel or facility security plan. (9) DHS has the statutory authority and regulatory flexibility to develop an alternative process for TWIC enrollment and issuance that does not require applicants to make multiple trips to a TWIC enrollment center. (10) Other secure Government-issued identity documents, including United States passports, can be distributed to applicants by mail. (11) Congress mandated the issuance of a final rule setting forth requirements for TWIC biometric readers no later than two years after the TWIC pilot began, which would have been August 2010; such a final rule has to date not been issued. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) to avoid further imposing unnecessary and costly regulatory burdens on United States workers and businesses, it is urgent that the TWIC application process be reformed by not later than the end of 2012, when hundreds of thousands of current TWIC holders will begin to face the requirement to renew their TWICs; (2) the Secretary of Homeland Security should promulgate final regulations that require the deployment of TWIC readers as soon as practicable, in order to ensure the TWIC program realizes its intended security purpose; and (3) funds, which have been awarded under the Port Security Grant Program for the purpose of funding TWIC projects, shall not expire before the issuance of the final TWIC reader rule. SEC. 3. TWIC APPLICATION REFORM. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall reform the process for the enrollment, activation, issuance, and renewal of a Transportation Worker Identification Credential (TWIC) to require, in total, not more than one in-person visit to a designated enrollment center except in cases in which there are extenuating circumstances, as determined by the Secretary, requiring more than one such in-person visit. Passed the House of Representatives June 28, 2012. Attest: KAREN L. HAAS, Clerk.

Expresses the sense of Congress that: (1) it is urgent that the Transportation Worker Identification Credential (TWIC) application process be reformed by the end of 2012, (2) the Secretary of Homeland Security (DHS) should promulgate final regulations to require the deployment of TWIC readers as soon as practicable to ensure security, and (3) Port Security Grant Program funds for TWIC projects shall not expire before issuance of the final TWIC reader rule. Directs the Secretary to reform the process for the enrollment, activation, issuance, and renewal of a TWIC to require not more than one in-person visit to a designated enrollment center, except in cases in which there are extenuating circumstances requiring more than one such in-person visit.

To direct the Secretary of Homeland Security to reform the process for the enrollment, activation, issuance, and renewal of a Transportation Worker Identification Credential (TWIC) to require, in total, not more than one in-person visit to a designated enrollment center.

SECTION 1. RECOVERY PERIOD FOR DEPRECIATION OF CERTAIN LEASEHOLD IMPROVEMENTS. (a) 10-Year Recovery Period.--Subparagraph (D) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 10-year property) is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) any qualified leasehold improvement property.''. (b) Qualified Leasehold Improvement Property.--Subsection (e) of section 168 of such Code is amended by adding at the end the following new paragraph: ``(6) Qualified leasehold improvement property.-- ``(A) In general.--The term `qualified leasehold improvement property' means any improvement to an interior portion of a building which is nonresidential real property if-- ``(i) such improvement is made under or pursuant to a lease (as defined in subsection (h)(7))-- ``(I) by the lessee (or any sublessee) of such portion, or ``(II) by the lessor of such portion, ``(ii) such portion is to be occupied exclusively by the lessee (or any sublessee) of such portion, and ``(iii) such improvement is placed in service more than 3 years after the date the building was first placed in service. ``(B) Certain improvements not included.--Such term shall not include any improvement for which the expenditure is attributable to-- ``(i) the enlargement of the building, ``(ii) any elevator or escalator, ``(iii) any structural component benefiting a common area, and ``(iv) the internal structural framework of the building. ``(C) Definitions and special rules.--For purposes of this paragraph-- ``(i) Commitment to lease treated as lease.--A commitment to enter into a lease shall be treated as a lease, and the parties to such commitment shall be treated as lessor and lessee, respectively. ``(ii) Related persons.--A lease between related persons shall not be considered a lease. For purposes of the preceding sentence, the term `related persons' means-- ``(I) members of an affiliated group (as defined in section 1504), and ``(II) persons having a relationship described in subsection (b) of section 267; except that, for purposes of this clause, the phrase `80 percent or more' shall be substituted for the phrase `more than 50 percent' each place it appears in such subsection. ``(D) Improvements made by lessor.-- ``(i) In general.--In the case of an improvement made by the person who was the lessor of such improvement when such improvement was placed in service, such improvement shall be qualified leasehold improvement property (if at all) only so long as such improvement is held by such person. ``(ii) Exception for changes in form of business.--Property shall not cease to be qualified leasehold improvement property under clause (i) by reason of-- ``(I) death, ``(II) a transaction to which section 381(a) applies, ``(III) a mere change in the form of conducting the trade or business so long as the property is retained in such trade or business as qualified leasehold improvement property and the taxpayer retains a substantial interest in such trade or business, ``(IV) the acquisition of such property in an exchange described in section 1031, 1033, 1038, or 1039 to the extent that the basis of such property includes an amount representing the adjusted basis of other property owned by the taxpayer or a related person, or ``(V) the acquisition of such property by the taxpayer in a transaction described in section 332, 351, 361, 721, or 731 (or the acquisition of such property by the taxpayer from the transferee or acquiring corporation in a transaction described in such section), to the extent that the basis of the property in the hands of the taxpayer is determined by reference to its basis in the hands of the transferor or distributor. ``(iii) Related person.--For purposes of this subparagraph, a person (hereafter in this clause referred to as the `related person') is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52).''. (c) Requirement To Use Straight Line Method.--Paragraph (3) of section 168(b) of such Code is amended by adding at the end the following new subparagraph: ``(G) Qualified leasehold improvement property described in subsection (e)(6).''. (d) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item relating to subparagraph (D)(ii) the following new item: ``(D)(iii)......................................... 10''. (e) Effective Date.--The amendments made by this section shall apply to qualified leasehold improvement property placed in service after September 11, 2004.

Amends the Internal Revenue Code to classify qualified leasehold improvement property (defined as certain improvements made to an interior portion of nonresidential real property) as ten-year property for depreciation purposes under the Accelerated Cost Recovery System.

To amend the Internal Revenue Code of 1986 to provide a shorter recovery period for the depreciation of certain leasehold improvements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Warfare Capabilities Enhancement Act of 2016''. SEC. 2. FIELDING OF ELECTROMAGNETIC SPECTRUM WARFARE SYSTEMS AND ELECTRONIC WARFARE CAPABILITIES. Funds authorized to be appropriated for electromagnetic spectrum warfare systems and electronic warfare may be used for the development and fielding of electromagnetic spectrum warfare systems and electronic warfare capabilities. SEC. 3. INCLUSION OF ELECTRONIC WARFARE PROGRAMS IN THE RAPID ACQUISITION AUTHORITY PROGRAM. (a) In General.--Section 806(c)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2302 note) is amended by adding at the end the following new subparagraph: ``(D)(i) In the case of any supplies and associated support services that, as determined in writing by the Secretary of Defense without delegation, are urgently needed to eliminate a deficiency in electronic warfare that if left unfilled is likely to result in critical mission failure, the loss of life, property destruction, or economic effects, the Secretary may use the procedures developed under this section in order to accomplish the rapid acquisition and deployment of needed offensive or defensive electronic warfare capabilities, supplies, and associated support services. ``(ii) The Secretary of Defense shall ensure, to the extent practicable, that for the purposes of electronic warfare acquisition, the Department of Defense shall consider use of the following procedures: ``(I) The rapid acquisition authority provided under this section. ``(II) Use of other transactions authority provided under section 2371 of title 10, United States Code. ``(III) The acquisition of commercial items using simplified acquisition procedures. ``(IV) The authority for procurement for experimental purposes provided under section 2373 of title 10, United States Code. ``(iii) In this subparagraph, the term `electronic warfare' means military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy, and includes electromagnetic spectrum warfare, which encompasses military communications and sensing operations that occur in the electromagnetic operational domain.''. (b) Conforming Amendments.--Section 2373 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``and aeronautical supplies'' and inserting ``, aeronautical supplies, and electronic warfare''; and (2) by adding at the end of the following new subsection: ``(c) Electronic Warfare Defined.--The term `electronic warfare' means military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy, and includes electromagnetic spectrum warfare, which encompasses military communications and sensing operations that occur in the electromagnetic operational domain.''. SEC. 4. AUTHORITY TO WAIVE THE JOINT REQUIREMENTS OVERSIGHT COUNCIL (JROC) FOR CERTAIN ELECTRONIC WARFARE PROGRAMS. (a) Alternate Review.--The Secretary of Defense shall delegate to the Office of the Secretary of Defense's senior electronic warfare executive the authority to review and validate all Joint Capabilities Integration and Development System documents for electronic warfare acquisition programs notwithstanding section 181 of title 10, United States Code. (b) JROC Appeal.--The Joint Requirements Oversight Council may appeal to the Office of the Secretary of Defense to review any program through the normal Joint Capabilities Integration and Development System process. SEC. 5. ELECTRONIC WARFARE EXECUTIVE COMMITTEE REPORTS TO CONGRESS. (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Electronic Warfare Executive Committee shall submit to the congressional defense committees a strategic plan with measurable and timely objectives to achieve its mission according to the following metrics: (1) Progress on intra-service ground and air interoperabilities. (2) Progress in streamlining the requirements, acquisition, and budget process to further a rapid electronic warfare acquisition process. (3) The efficiency and effectiveness of the acquisition process for priority electronic warfare items. (4) The training methods and requirements of the military services for training in contested electronic warfare environments. (5) Capability gaps with respect to near-peer adversaries identified pursuant to a capability gap assessment. (6) A joint strategy on achieving near real-time system adaption to rapidly advancing modern digital electronics. (7) Progress on increasing innovative electromagnetic spectrum warfighting methods and operational concepts that provide advantages within the electromagnetic spectrum operational domain. (b) Congressional Defense Committees Defined.--In this section, the term ``congressional defense committees'' means-- (1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

Electronic Warfare Capabilities Enhancement Act of 2016 This bill permits the use of appropriations authorized for electromagnetic spectrum warfare systems and electronic warfare in order to develop and field electromagnetic spectrum warfare systems and electronic warfare capabilities. The Bob Stump National Defense Authorization Act for Fiscal Year 2003 is amended to include electronic warfare programs in the rapid acquisition authority program. Electronic warfare is military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy, and includes electromagnetic spectrum warfare, which encompasses military communications and sensing operations that occur in the electromagnetic operational domain. The Department of Defense shall delegate to the senior electronic warfare executive the authority to review and validate all Joint Capabilities Integration and Development System documents for electronic warfare acquisition programs. The Electronic Warfare Executive Committee shall submit to the congressional defense committees a strategic plan with measurable and timely objectives to achieve its mission according to specified metrics.

Electronic Warfare Capabilities Enhancement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Rights Investment Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) Supporting human rights is in the national interests of the United States and is consistent with American values and beliefs. (2) Defenders of human rights are changing our world in many ways, including protecting freedom and dignity, religious liberty, the rights of women and children, freedom of the press, the rights of workers, the environment, and the human rights of all persons. (3) The United States must match its rhetoric on human rights with action and with sufficient resources to provide meaningful support for human rights and for the defenders of human rights. (4) Congress passed and the President signed into law the International Arms Sales Code of Conduct Act of 1999 (Public Law 106-113; 113 Stat. 1501A-508), which directed the President to seek negotiations on a binding international agreement to limit, restrict, or prohibit arms transfers to countries that do not observe certain fundamental values of human liberty, peace, and international stability, and provided that such an international agreement should include a prohibition on arms sales to countries that engage in gross violations of internationally recognized human rights. (5) The arms export end-use monitoring systems currently in place should be improved and provided with sufficient funds to accomplish their mission. SEC. 3. SALARIES AND EXPENSES OF THE BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR. For fiscal year 2001 and each fiscal year thereafter, not less than 1 percent of the amounts made available to the Department of State under the heading ``Diplomatic and Consular Programs'' shall be made available only for salaries and expenses of the Bureau of Democracy, Human Rights, and Labor, including funding of positions at United States missions abroad that are primarily dedicated to following human rights developments in foreign countries. SEC. 4. HUMAN RIGHTS AND DEMOCRACY FUND. (a) Establishment of Fund.--There is established a Human Rights and Democracy Fund (hereinafter in this section referred to as the ``Fund'') to be administered by the Assistant Secretary for Democracy, Human Rights and Labor. (b) Purposes of Fund.--The purposes of the Fund are-- (1) to support defenders of human rights; (2) to assist the victims of human rights violations; (3) to respond to human rights emergencies; (4) to promote and encourage the growth of democracy, including the support for nongovernmental organizations in other countries; and (5) to carry out such other related activities as are consistent with paragraphs (1) through (4). (c) Funding.--Of the amounts made available to carry out chapter 1 and chapter 10 of part I of the Foreign Assistance Act of 1961, title V of the International Security and Development Cooperation Act of 1980, and section 401 of the Foreign Assistance Act of 1969 for each of the fiscal years 2001 and 2002, $32,000,000 for each such fiscal year shall be made available to the Fund for carrying out the purposes described in subsection (b). SEC. 5. MONITORING OF UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS. (a) Weapons Monitoring Program.-- (1) Establishment of program.--The Secretary of State shall establish and implement a program to monitor United States military assistance and arms transfers. (2) Responsibility of assistant secretary of state for democracy, human rights and labor.--The Assistant Secretary of State for Democracy, Human Rights and Labor shall have primary responsibility for advising the Secretary of State on the establishment and implementation of program described in paragraph (1). (b) Purposes of Program.-- (1) Primary purposes.--The primary purposes of the program described in subsection (a) are to ensure to the maximum extent feasible that United States military assistance and weapons manufactured in or sold from the United States are not used-- (A) to commit gross violations of human rights; or (B) in violation of other United States laws applicable to United States military assistance and arms transfers that are also related to human rights and preventing human rights violations. (2) Other purposes.--The program described in subsection (a) may be used for the following additional purposes: (A) To prevent violations of other United States laws applicable to United States military assistance and arms transfers. (B) To prevent fraud and waste by ensuring that tax dollars are not diverted by foreign governments or others from activities in the United States national interest into areas for which the assistance was not and would not have been provided. (c) Elements of the Weapons Monitoring Program.--The program described in subsection (a) shall ensure to the maximum feasible extent that the United States has the ability-- (1) to determine whether United States military assistance and arms transfers are used to commit gross violations of human rights; (2) to detect other violations of United States law concerning United States military assistance and arms transfers, including the diversion of such assistance or the use of such assistance by security force or police units credibly implicated in gross human rights violations; and (3) to determine whether individuals or units that have received United States military, security, or police training or have participated or are scheduled to participate in joint exercises with United States forces have been credibly implicated in gross human rights violations. (d) Weapons Monitoring Fund.-- (1) Reservation of funds.--Subject to paragraph (2), for each fiscal year after fiscal year 2000, one percent of the amounts appropriated for each fiscal year for United States military assistance is authorized to be used only to carry out the purposes of this section. (2) Exception.--For any fiscal year, if the Secretary of State certifies in writing to the appropriate congressional committees that the United States can carry out the purposes of this section without the full reservation of funds, the Secretary of State shall designate an amount, which is not less than one half of one percent of the amounts appropriated for such fiscal year for United States military assistance, and such designated amount is authorized to be used to carry out the purposes of this section. (3) Additional funds for program.-- Funds collected from charges under section 21(e) of the Arms Export Control Act (22 U.S.C. 2761(e)) may be transferred to the Department of State and made available to carry out the purposes of this section. (e) Reports.--The Secretary of State shall submit to the appropriate congressional committees the following reports. To the maximum extent possible, such reports shall be in unclassified form: (1) Not later than 6 months after the date of the enactment of this Act, and after due consultation with the appropriate congressional committees and others, a plan to implement the provisions of this section. (2) Not later than one year after the date of the enactment of this Act, and annually thereafter, a report setting forth the steps taken to implement this section and relevant information obtained concerning the use of United States military assistance and arms transfers. (f) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) United states military assistance.--The term ``United States military assistance'' means-- (A) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance), including the transfer of excess defense articles under section 516 of that Act; (B) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training or ``IMET''); (C) assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 (relating to international narcotics control assistance); (D) assistance under chapter 8 of part II of the Foreign Assistance Act of 1961 (relating to antiterrorism assistance); (E) assistance under section 2011 of title 10, United States Code (relating to training with security forces of friendly foreign countries); (F) assistance under section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (relating to additional support for counter-drug activities); and (G) assistance under section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (relating to support for counter-drug activities of Peru and Colombia). (3) United states military assistance and arms transfers.-- The term ``United States military assistance and arms transfers'' means-- (A) United States military assistance (as defined in paragraph (2)); or (B)(i) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act, including defense articles or services licensed under section 38 of such Act; and (ii) any other assistance under the Arms Export Control Act. SEC. 6. REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO ENCOURAGE RESPECT FOR HUMAN RIGHTS. (a) Section 116 Report.--Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended-- (1) in paragraph (7), by striking ``and'' at the end and inserting a semicolon; (2) in paragraph (8), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(9) for each country with respect to which a determination has been made that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, the extent to which the United States has taken or will take action to encourage an end to such practices in the country.''. (b) Section 502B Report.--Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting after the 4th sentence the following: ``Such report shall also include, for each country with respect to which a determination has been made that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, the extent to which the United States has taken or will take action to encourage an end to such practices in the country.''. SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS FOR THE NATIONAL ENDOWMENT FOR DEMOCRACY. There are authorized to be appropriated for the Department of State to carry out the National Endowment for Democracy Act, $50,000,000 for fiscal year 2001, and $50,000,000 for fiscal year 2002.

Establishes a Human Rights and Democracy Fund to be administered by the Assistant Secretary for Democracy, Human Rights and Labor. Sets forth the purposes of the Fund, including to: (1) support defenders of human rights and assist the victims of human rights violations; and (2) promote and encourage the growth of democracy, including the support for nongovernmental organizations in other countries. Authorizes appropriations. Directs the Secretary of State to establish and implement a program to monitor U.S. military assistance and arms transfers to ensure to maximum extent feasible that U.S. military assistance and weapons manufactured in or sold from the United States are not used: (1) to commit gross violations of human rights; or (2) to violate other U.S. laws applicable to U.S. military assistance and arms transfers that are also related to human rights and preventing human rights violations. Earmarks for each fiscal year after FY2000 a specified percentage of amounts appropriated for each fiscal year for U.S. military assistance to carry out such program. Amends the Foreign Assistance Act of 1961 to direct the Secretary to report annually to the Speaker of the House of Representatives and a specified congressional committee about: (1) each country in which extrajudicial killings, torture, or other serious violations of human rights have occurred; and (2) the extent to which the United States has taken or will take action to encourage an end to such practices in the country. Authorizes appropriations for the Department of State to carry out the National Endowment for Democracy Act.

Human Rights Investment Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ephedrine Alkaloids Regulation Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The United States faces increasing danger related to methamphetamine trafficking, production, and abuse. (2) Methamphetamine is a highly addictive drug that can be readily made from products and precursors purchased from retail stores. Step-by-step recipes can easily be found on the Internet, which is a factor in the dramatic increase in the number of clandestine labs in recent years. (3) Methamphetamine-producing clandestine laboratories have been identified by the Drug Enforcement Administration as a significant threat to the Nation's public health and safety. The manufacture of methamphetamine produces highly toxic and unstable chemicals that threaten the well-being of first responders, law enforcement officers, and the community at- large. (4) Methamphetamine production, once exclusively found in West Coast States, has rapidly moved eastward to the Midwest. Production can now be found on the East Coast, in the States of New York and Florida. (5) Methamphetamine abuse is indiscriminate of age, socioeconomic level, or race. (6) Pseudoephedrine is a necessary precursor chemical in the production of methamphetamine, which prompted the Drug Enforcement Administration to initiate investigations regarding the chemical's sale and distribution. (7) Efforts to reduce access to pseudoephedrine by methamphetamine producers, such as blister packaging and sales thresholds, have not been effective deterrents, and pseudoephedrine tablets remain pervasive in the illicit production of methamphetamine. (8) Pseudoephedrine in liquid gel and liquid forms have not been found to be used in methamphetamine production. (9) As States and communities attempt to combat and control methamphetamine through restricting the sale of pseudoephedrine products, it is incumbent upon the Congress to develop a uniform standard for the distribution of pseudoephedrine in tablet form. SEC. 2. CONTROLLED SUBSTANCES; ADDITION OF EPHEDRINE ALKALOIDS AND PHENYLPROPANOLAMINE TO SCHEDULE V. (a) In General.--Effective upon the expiration of 30 days after the date of the enactment of this Act, ephedrine alkaloids (including ephedrine and pseudoephedrine) and phenylpropanolamine, and their salts, optical isomers, and salts of optical isomers, whether alone or in combination with other substances, shall be considered to be listed in schedule V of the schedules of controlled substances established under section 202(c) of the Controlled Substances Act, subject to subsection (b) and subject to the authority of the Attorney General under such Act to designate substances as controlled substances or listed chemicals. The Attorney General shall amend part 1308 of title 21, Code of Federal Regulations, accordingly. (b) Certain Forms of Pseudoephedrine and Phenylpropanolamine.-- Subject to the authority of the Attorney General under the Controlled Substances Act to designate substances as controlled substances or listed chemicals-- (1) subsection (a) does not apply to pseudoephedrine or phenylpropanolamine when contained in a drug that is in liquid or gel form and is marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act; and (2) pseudoephedrine or phenylpropanolamine when so contained shall be considered a listed chemical. SEC. 3. REGULATION OF TRANSACTIONS INVOLVING LISTED CHEMICALS; EXEMPTION FOR CERTAIN DOSAGE FORMS AND QUANTITIES OF PSEUDOEPHEDRINE OR PHENYLPROPANOLAMINE. (a) Definition of Regulated Transaction.--Section 102(39)(A)(iv) of the Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)) is amended-- (1) in the matter preceding subclause (I), by striking ``unless--'' and inserting ``unless, subject to clause (v)--''; and (2) in subclause (II)-- (A) by inserting ``in liquid or gel form'' after ``containing pseudoephedrine or phenylpropanolamine products''; and (B) by striking ``shall be 9 grams of pseudoephedrine or 9 grams of phenylpropanolamine'' and inserting ``shall be any quantity in excess of 9.0 grams of pseudoephedrine or 9.0 grams of phenylpropanolamine''. (b) Definition of Ordinary Over-the-Counter Pseudoephedrine or Phenylpropanolamine Product.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (39)(A)(iv)(I)(aa), by striking ``, except that'' and all that follows through ``1996)''; and (2)(A) by striking paragraph (45); and (B) by redesignating paragraph (46) as paragraph (45). (c) Chemical Mixtures not Easily Used in Illicit Production.-- Section 102(39)(A)(v) of the Controlled Substances Act (21 U.S.C. 802(39)(A)(v)) is amended by inserting after ``chemical mixture'' the following: ``(including a mixture that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act)''.

Ephedrine Alkaloids Regulation Act of 2005 - Requires ephedrine alkaloids (including ephedrine and pseudoephedrine) and phenylpropanolamine to be listed in schedule V of the Controlled Substances Act (CSA) (drugs or other substances that have a low potential for abuse and that have a currently accepted medical use in treatment in the United States, abuse of which may lead to limited physical or psychological dependence). Excepts pseudoephedrine and phenylpropanolamine when contained in a drug that is in liquid or gel form marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act (FDCA), which shall be considered a listed chemical. Makes such requirement and exception subject to the Attorney General's authority to designate substances as controlled or listed chemicals. Amends CSA to revise the definition of "regulated transaction" to: (1) provide that the threshold for any distributor sale of products containing pseudoephedrine products in liquid or gel form, or containing phenylpropanolamine products, shall be nine grams of pseudoephedrine or phenylpropanolamine; and (2) specify as a "chemical mixture" a transaction in which is excluded from such definition a mixture that may be marketed or distributed lawfully in the United States under FDCA.

To amend the Controlled Substances Act with respect to the regulation of ephedrine alkaloids, including ephedrine and pseudoephedrine, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Atchafalaya National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Atchafalaya National Heritage Area established by section 3(a). (2) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the Heritage Area designated by section 3(c). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 5. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Louisiana. SEC. 3. ATCHAFALAYA NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Atchafalaya National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of the whole of the following parishes in the State: St. Mary, Iberia, St. Martin, St. Landry, Avoyelles, Pointe Coupee, Iberville, Assumption, Terrebonne, Lafayette, West Baton Rouge, Concordia, and East Baton Rouge. (c) Local Coordinating Entity.-- (1) In general.--The Atchafalaya Trace Commission shall be the local coordinating entity for the Heritage Area. (2) Composition.--The local coordinating entity shall be composed of 13 members appointed by the governing authority of each parish within the Heritage Area. SEC. 4. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY. (a) Authorities.--For the purposes of developing and implementing the management plan and otherwise carrying out this Act, the local coordinating entity may-- (1) make grants to, and enter into cooperative agreements with, the State, units of local government, and private organizations; (2) hire and compensate staff; and (3) enter into contracts for goods and services. (b) Duties.--The local coordinating entity shall-- (1) submit to the Secretary for approval a management plan; (2) implement the management plan, including providing assistance to units of government and others in-- (A) carrying out programs that recognize important resource values within the Heritage Area; (B) encouraging sustainable economic development within the Heritage Area; (C) establishing and maintaining interpretive sites within the Heritage Area; and (D) increasing public awareness of, and appreciation for the natural, historic, and cultural resources of, the Heritage Area; (3) adopt bylaws governing the conduct of the local coordinating entity; and (4) for any year for which Federal funds are received under this Act, submit to the Secretary a report that describes, for the year-- (A) the accomplishments of the local coordinating entity; and (B) the expenses and income of the local coordinating entity. (c) Acquisition of Real Property.--The local coordinating entity shall not use Federal funds received under this Act to acquire real property or an interest in real property. (d) Public Meetings.--The local coordinating entity shall conduct public meetings at least quarterly. SEC. 5. MANAGEMENT PLAN. (a) In General.--The local coordinating entity shall develop a management plan for the Heritage Area that incorporates an integrated and cooperative approach to protect, interpret, and enhance the natural, scenic, cultural, historic, and recreational resources of the Heritage Area. (b) Consideration of Other Plans and Actions.--In developing the management plan, the local coordinating entity shall-- (1) take into consideration State and local plans; and (2) invite the participation of residents, public agencies, and private organizations in the Heritage Area. (c) Contents.--The management plan shall include-- (1) an inventory of the resources in the Heritage Area, including-- (A) a list of property in the Heritage Area that-- (i) relates to the purposes of the Heritage Area; and (ii) should be preserved, restored, managed, or maintained because of the significance of the property; and (B) an assessment of cultural landscapes within the Heritage Area; (2) provisions for the protection, interpretation, and enjoyment of the resources of the Heritage Area consistent with this Act; (3) an interpretation plan for the Heritage Area; and (4) a program for implementation of the management plan that includes-- (A) actions to be carried out by units of government, private organizations, and public-private partnerships to protect the resources of the Heritage Area; and (B) the identification of existing and potential sources of funding for implementing the plan. (d) Submission to Secretary for Approval.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (2) Effect of failure to submit.--If a management plan is not submitted to the Secretary by the date specified in paragraph (1), the Secretary shall not provide any additional funding under this Act until a management plan for the Heritage Area is submitted to the Secretary. (e) Approval.-- (1) In general.--Not later than 90 days after receiving the management plan submitted under subsection (d)(1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Action following disapproval.-- (A) In general.--If the Secretary disapproves a management plan under paragraph (1), the Secretary shall-- (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) allow the local coordinating entity to submit to the Secretary revisions to the management plan. (B) Deadline for approval of revision.--Not later than 90 days after the date on which a revision is submitted under subparagraph (A)(iii), the Secretary shall approve or disapprove the revision. (f) Revision.-- (1) In general.--After approval by the Secretary of a management plan, the local coordinating entity shall periodically-- (A) review the management plan; and (B) submit to the Secretary, for review and approval by the Secretary, the recommendations of the local coordinating entity for any revisions to the management plan that the local coordinating entity considers to be appropriate. (2) Expenditure of funds.--No funds made available under this title shall be used to implement any revision proposed by the local coordinating entity under paragraph (1)(B) until the Secretary approves the revision. SEC. 6. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. (a) Notification and Consent of Property Owners Required.--No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent to the management entity for such preservation, conservation, or promotion. (b) Landowner Withdraw.--Any owner of private property included within the boundary of the Heritage Area shall have that private property immediately removed from the boundary by submitting a written request to the management entity. SEC. 7. PRIVATE PROPERTY PROTECTION. (a) Access to Private Property.--Nothing in this Act shall be construed to-- (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. (b) Liability.--Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on that private property. (c) Participation of Private Property Owners in Heritage Area.-- Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. SEC. 8. EFFECT OF ACT. Nothing in this Act or in establishment of the Heritage Area-- (1) grants any Federal agency regulatory authority over any interest in the Heritage Area, unless cooperatively agreed on by all involved parties; (2) modifies, enlarges, or diminishes any authority of the Federal Government or a State or local government to regulate any use of land as provided for by law (including regulations) in existence on the date of enactment of this Act; (3) grants any power of zoning or land use to the local coordinating entity; (4) imposes any environmental, occupational, safety, or other rule, standard, or permitting process that is different from those in effect on the date of enactment of this Act that would be applicable had the Heritage Area not been established; (5)(A) imposes any change in Federal environmental quality standards; or (B) authorizes designation of any portion of the Heritage Area that is subject to part C of title I of the Clean Air Act (42 U.S.C. 7470 et seq.) as class 1 for the purposes of that part solely by reason of the establishment of the Heritage Area; (6) authorizes any Federal or State agency to impose more restrictive water use designations, or water quality standards on uses of or discharges to, waters of the United States or waters of the State within or adjacent to the Heritage Area solely by reason of the establishment of the Heritage Area; (7) abridges, restricts, or alters any applicable rule, standard, or review procedure for permitting of facilities within or adjacent to the Heritage Area; or (8) affects the continuing use and operation, where located on the date of enactment of this Act, of any public utility or common carrier. SEC. 9. REPORTS. For any year in which Federal funds have been made available under this Act, the local coordinating entity shall submit to the Secretary a report that describes-- (1) the accomplishments of the local coordinating entity; and (2) the expenses and income of the local coordinating entity. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 shall be made available for any fiscal year. (b) Cost-Sharing Requirement.--The Federal share of the total cost of any activity assisted under this Act shall be not more than 50 percent. SEC. 11. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance to the local coordinating entity under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Atchafalaya National Heritage Area Act - (Sec. 3) Establishes the Atchafalaya National Heritage Area in Louisiana. Designates the Atchafalaya Trace Commission as the local coordinating entity (the entity) of the Heritage Area. (Sec. 4) Prohibits the use of Federal funds received under this Act to acquire real property. (Sec. 5) Requires the Commission to develop and implement a management plan, subject to the Secretary of the Interior's approval, that incorporates an integrated and cooperative approach to protect, interpret, and enhance the resources of the Heritage Area. (Sec. 6) Establishes a procedure for the voluntary inclusion of private property in the Heritage Area. (Sec. 7) Sets forth private property protections. (Sec. 8) Declares the effect of this Act with regard to certain authorities and powers. (Sec. 9) Requires the entity to report to the Secretary concerning its expenditures for any year Federal funds are made available under this Act. (Sec. 10) Authorizes appropriations. Limits: (1) the availability of funds for any fiscal year to $1,000,000; and (2) the Federal share of the total cost of any activity assisted under this Act to 50 percent. (Sec. 11) Terminates the authority of the Secretary to provide assistance to the entity 15 years after enactment.

A bill to establish the Atchafalaya National Heritage Area in the State of Louisiana.

SECTION 1. TAX CREDIT FOR MARGINAL DOMESTIC OIL AND NATURAL GAS WELL PRODUCTION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business credits) is amended by adding at the end the following new section: ``SEC. 45G. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. ``(a) General Rule.--For purposes of section 38, the marginal well production credit for any taxable year is an amount equal to the product of-- ``(1) the credit amount, and ``(2) the qualified crude oil production and the qualified natural gas production which is attributable to the taxpayer. ``(b) Credit Amount.--For purposes of this section-- ``(1) In general.--The credit amount is-- ``(A) $3 per barrel of qualified crude oil production, and ``(B) 50 cents per 1,000 cubic feet of qualified natural gas production. ``(2) Reduction as oil and gas prices increase.-- ``(A) In general.--The $3 and 50 cents amounts under paragraph (1) shall each be reduced (but not below zero) by an amount which bears the same ratio to such amount (determined without regard to this paragraph) as-- ``(i) the excess (if any) of the applicable reference price over $15 ($1.67 for qualified natural gas production), bears to ``(ii) $3 ($0.33 for qualified natural gas production). The applicable reference price for a taxable year is the reference price for the calendar year preceding the calendar year in which the taxable year begins. ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2003, each of the dollar amounts contained in subparagraph (A) shall be increased to an amount equal to such dollar amount multiplied by the inflation adjustment factor for such calendar year (determined under section 43(b)(3)(B) by substituting `2002' for `1990'). ``(C) Reference price.--For purposes of this paragraph, the term `reference price' means, with respect to any calendar year-- ``(i) in the case of qualified crude oil production, the reference price determined under section 29(d)(2)(C), and ``(ii) in the case of qualified natural gas production, the Secretary's estimate of the annual average wellhead price per 1,000 cubic feet for all domestic natural gas. ``(c) Qualified Crude Oil and Natural Gas Production.--For purposes of this section-- ``(1) In general.--The terms `qualified crude oil production' and `qualified natural gas production' mean domestic crude oil or natural gas which is produced from a marginal well. ``(2) Limitation on amount of production which may qualify.-- ``(A) In general.--Crude oil or natural gas produced during any taxable year from any well shall not be treated as qualified crude oil production or qualified natural gas production to the extent production from the well during the taxable year exceeds 1,095 barrels or barrel equivalents. ``(B) Proportionate reductions.-- ``(i) Short taxable years.--In the case of a short taxable year, the limitations under this paragraph shall be proportionately reduced to reflect the ratio which the number of days in such taxable year bears to 365. ``(ii) Wells not in production entire year.--In the case of a well which is not capable of production during each day of a taxable year, the limitations under this paragraph applicable to the well shall be proportionately reduced to reflect the ratio which the number of days of production bears to the total number of days in the taxable year. ``(3) Definitions.-- ``(A) Marginal well.--The term `marginal well' means a domestic well-- ``(i) the production from which during the taxable year is treated as marginal production under section 613A(c)(6), or ``(ii) which, during the taxable year-- ``(I) has average daily production of not more than 25 barrel equivalents, and ``(II) produces water at a rate not less than 95 percent of total well effluent. ``(B) Crude oil, etc.--The terms `crude oil', `natural gas', `domestic', and `barrel' have the meanings given such terms by section 613A(e). ``(C) Barrel equivalent.--The term `barrel equivalent' means, with respect to natural gas, a conversion ratio of 6,000 cubic feet of natural gas to 1 barrel of crude oil. ``(d) Other Rules.-- ``(1) Production attributable to the taxpayer.--In the case of a marginal well in which there is more than one owner of operating interests in the well and the crude oil or natural gas production exceeds the limitation under subsection (c)(2), qualifying crude oil production or qualifying natural gas production attributable to the taxpayer shall be determined on the basis of the ratio which taxpayer's revenue interest in the production bears to the aggregate to the revenue interests of all operating interest owners in the production. ``(2) Operating interest required.--Any credit under this section may be claimed only on production which is attributable to the holder of an operating interest. ``(3) Production from nonconventional sources excluded.--In the case of production from a marginal well which is eligible for the credit allowed under section 29 for the taxable year, no credit shall be allowable under this section unless the taxpayer elects not to claim credit under section 29 with respect to the well.''. (b) Credit Treated as Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting'', plus'', and by adding at the end of the following new paragraph: ``(16) the marginal oil and gas well production credit determined under section 45G(a).''. (c) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Special rules for marginal oil and gas well production credit.-- ``(A) In general.--In the case of the marginal oil and gas well production credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the marginal oil and gas well production credit). ``(B) Marginal oil and gas well production credit.--For purposes of this subsection, the term `marginal oil and gas well production credit' means the credit allowable under subsection (a) by reason of section 45G(a).''. (2) Conforming amendments.-- (A) Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by striking ``credit or'' and inserting ``credit,'' and by striking ``credit)'' and inserting ``credit, or the marginal oil and gas well production credit)''. (B) Subclause (II) of section 38(c)(3)(A)(ii) of such Code is amended by inserting ``or the marginal oil and gas well production credit)'' after ``employee credit''. (d) Carryback.--Subsection (a) of section 39 of such Code (relating to carryback and carryforward of unused credits generally) is amended by adding at the end the following new paragraph: ``(3) 10-year carryback for marginal oil and gas well production credit.--In the case of the marginal oil and gas well production credit-- ``(A) this section shall be applied separately from the business credit (other than the marginal oil and gas well production credit), ``(B) paragraph (1) shall be applied by substituting `10 taxable year' for `1 taxable year' in subparagraph (A) thereof, and ``(C) paragraph (2) shall be applied-- ``(i) by substituting `31 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `30 taxable years' for `20 taxable years' in subparagraph (B) thereof.''. (e) Coordination With Section 29.--Section 29(a) of such Code is amended by striking ``There'' and inserting ``At the election of the taxpayer, there.'' (f) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following item: ``Sec. 45G. Credit for producing oil and gas from marginal wells.''. (g) Effective Date.--The amendments made by this section shall apply to production in taxable years beginning after December 31, 2002. SEC. 2. EXTENSION OF CREDIT FOR PRODUCING FUEL FROM A NONCONVENTIONAL SOURCE. (a) In General.--Paragraph (2) of section 29(f) of the Internal Revenue Code of 1986 (relating to application of section) is amended by striking ``2003'' and inserting ``2008''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to fuels sold after December 31, 2002.

Amends the Internal Revenue Code to establish a credit for producing oil and gas from marginal wells.Extends, by five years, the credit for producing fuel from a nonconventional source.

To amend the Internal Revenue Code of 1986 to allow a credit for the production of oil and gas from domestic marginal wells and to extend the credit for alternative fuels.

SECTION 1. METALLURGICAL COAL MINING CREDIT. (a) General Rule.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end thereof the following new section: ``SEC. 45A. METALLURGICAL COAL MINING CREDIT. ``(a) General Rule.--For purposes of section 38, the metallurgical coal mining credit determined under this section for the taxable year is the lesser of-- ``(1) the applicable percentage of the aggregate amount of the premiums paid or accrued by the taxpayer during the taxable year pursuant to chapter 99 of this title (relating to coal industry health benefits), or ``(2) 7.5 percent of the aggregate gross revenue from the sale of qualified metallurgical coal sold by the taxpayer during the taxable year to an unrelated person. ``(b) Qualification.--No credit shall be determined under subsection (a) with respect to any taxpayer unless at least 20 percent of the total tons of qualified coal sold by the taxpayer during each of the 4 preceding taxable years was qualified metallurgical coal. For purposes of the preceding sentence, only coal produced from an economic interest held by the taxpayer shall be taken into account. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable percentage.--The applicable percentage is the percentage of the aggregate tons of qualified coal sold by the taxpayer during the taxable year to unrelated persons which consists of qualified metallurgical coal. In no event shall the applicable percentage exceed 75 percent. ``(2) Qualified metallurgical coal.--The term `qualified metallurgical coal' means any bituminous coal which-- ``(A) is used in the production of iron and steel, and ``(B) is processed by, or produced from an economic interest held by, a signatory operator. ``(3) Unrelated person.--The term `unrelated person' has the same meaning as when used in section 29. ``(4) Affiliated groups.--All members of the same affiliated group (as defined in section 1504) shall be treated as one taxpayer for purposes of this section and the credit determined under subsection (a) with respect to such one taxpayer shall be allocated among such members in such manner as the Secretary may prescribe. ``(5) Economic interest.--The term `economic interest' means an interest with respect to which an allowance for depletion is allowable. ``(6) Bituminous coal.--The term `bituminous coal' means coal classified as bituminous coal according to the publication of the American Society for Testing and Materials under the title `Standard Classification of Coals by Rank' (ASTM D 338- 91A), as in effect on the date of the enactment of chapter 99. ``(7) Qualified coal.--The term `qualified coal' means any bituminous coal which is produced and processed by a signatory operator from an economic interest held by a signatory operator. ``(8) Signatory operator.--The term `signatory operator' has the meaning given such term by section 9701(c)(1), and shall include all members of the affiliated group of which such signatory operator is a member that are also signatory operators. ``(9) Ton--.The term `ton' means 2,000 pounds.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 is amended by striking ``plus'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(9) the metallurgical coal credit determined under section 45A.''. (c) Credit May Offset 90 Percent of Minimum Tax.--Subsection (c) of section 38 of such Code is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Metallurgical coal credit may offset 90 percent of minimum tax.-- ``(A) In general.--In the case of a taxpayer entitled to a credit determined under section 45A, the amount determined under paragraph (1)(A) shall be reduced by the lesser of-- ``(i) the portion of the metallurgical coal credit not used against the normal limitation, or ``(ii) 90 percent of the taxpayer's tentative minimum tax for the taxable year. ``(B) Portion of metallurgical coal credit not used against normal limitation.--For purposes of subparagraph (A), the portion of the metallurgical coal credit not used against the normal limitation is the excess (if any) of-- ``(i) the portion of the credit under subsection (a) which is attributable to the metallurgical coal credit determined under section 45A, over ``(ii) the limitation of paragraph (1) (determined without regard to this paragraph) reduced by the portion of the credit under subsection (a) which is not so attributable.'' (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Sec. 45A. Metallurgical coal mining credit.''. (e) Effective Date.--The amendments made by this section shall take effect on January 1, 1993.

Amends the Internal Revenue Code to allow a general business credit for metallurgical coal mining. Declares such credit to consist of: (1) the lesser of a percentage of coal industry health benefit premiums; or (2) a percentage of the sale of metallurgical coal. Allows such credit to offset a percentage of the minimum tax.

A bill to amend the Internal Revenue Code of 1986 to provide a tax credit to businesses which mine metallurgical coal and are required to make contributions to the UMWA Combined Benefit Fund created by the Energy Policy Act of 1992.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Intellectual Property Protection Restoration Act of 2001''. (b) References.--Any reference in this Act to the Trademark Act of 1946 shall be a reference to the Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.). SEC. 2. PURPOSES. The purposes of this Act are to-- (1) help eliminate the unfair commercial advantage that States and their instrumentalities now hold in the Federal intellectual property system because of their ability to obtain protection under the United States patent, copyright, and trademark laws while remaining exempt from liability for infringing the rights of others; (2) promote technological innovation and artistic creation in furtherance of the policies underlying Federal laws and international treaties relating to intellectual property; (3) reaffirm the availability of prospective relief against State officials who are violating or who threaten to violate Federal intellectual property laws; and (4) abrogate State sovereign immunity in cases where States or their instrumentalities, officers, or employees violate the United States Constitution by infringing Federal intellectual property. SEC. 3. INTELLECTUAL PROPERTY REMEDIES EQUALIZATION. (a) Amendment to Patent Law.--Section 287 of title 35, United States Code, is amended by adding at the end the following: ``(d)(1) No remedies under section 284 or 289 shall be awarded in any civil action brought under this title for infringement of a patent issued on or after January 1, 2002, if a State or State instrumentality is or was at any time the legal or beneficial owner of such patent, except upon proof that-- ``(A) on or before the date the infringement commenced or January 1, 2004, whichever is later, the State has waived its immunity, under the eleventh amendment of the United States Constitution and under any other doctrine of sovereign immunity, from suit in Federal court brought against the State or any of its instrumentalities, for any infringement of intellectual property protected under Federal law; and ``(B) such waiver was made in accordance with the constitution and laws of the State, and remains effective. ``(2) The limitation on remedies under paragraph (1) shall not apply with respect to a patent if-- ``(A) the limitation would materially and adversely affect a legitimate contract-based expectation in existence before January 1, 2002; or ``(B) the party seeking remedies was a bona fide purchaser for value of the patent, and, at the time of the purchase, did not know and was reasonably without cause to believe that a State or State instrumentality was once the legal or beneficial owner of the patent. ``(3) The limitation on remedies under paragraph (1) may be raised at any point in a proceeding, through the conclusion of the action. If raised before January 1, 2004, the court may stay the proceeding for a reasonable time, but not later than January 1, 2004, to afford the State an opportunity to waive its immunity as provided in paragraph (1).''. (b) Amendment to Copyright Law.--Section 504 of title 17, United States Code, is amended by adding at the end the following: ``(e) Limitation on Remedies in Certain Cases.-- ``(1) No remedies under this section shall be awarded in any civil action brought under this title for infringement of an exclusive right in a work created on or after January 1, 2002, if a State or State instrumentality is or was at any time the legal or beneficial owner of such right, except upon proof that-- ``(A) on or before the date the infringement commenced or January 1, 2004, whichever is later, the State has waived its immunity, under the eleventh amendment of the United States Constitution and under any other doctrine of sovereign immunity, from suit in Federal court brought against the State or any of its instrumentalities, for any infringement of intellectual property protected under Federal law; and ``(B) such waiver was made in accordance with the constitution and laws of the State, and remains effective. ``(2) The limitation on remedies under paragraph (1) shall not apply with respect to an exclusive right if-- ``(A) the limitation would materially and adversely affect a legitimate contract-based expectation in existence before January 1, 2002; or ``(B) the party seeking remedies was a bona fide purchaser for value of the exclusive right, and, at the time of the purchase, did not know and was reasonably without cause to believe that a State or State instrumentality was once the legal or beneficial owner of the right. ``(3) The limitation on remedies under paragraph (1) may be raised at any point in a proceeding, through the conclusion of the action. If raised before January 1, 2004, the court may stay the proceeding for a reasonable time, but not later than January 1, 2004, to afford the State an opportunity to waive its immunity as provided in paragraph (1).''. (c) Amendment to Trademark Law.--Section 35 of the Trademark Act of 1946 (15 U.S.C. 1117) is amended by adding at the end the following: ``(e) Limitation on Remedies in Certain Cases.-- ``(1) No remedies under this section shall be awarded in any civil action arising under this Act for a violation of any right of the registrant of a mark registered in the Patent and Trademark Office on or after January 1, 2002, or any right of the owner of a mark first used in commerce on or after January 1, 2002, if a State or State instrumentality is or was at any time the legal or beneficial owner of such right, except upon proof that-- ``(A) on or before the date the violation commenced or January 1, 2004, whichever is later, the State has waived its immunity, under the eleventh amendment of the United States Constitution and under any other doctrine of sovereign immunity, from suit in Federal court brought against the State or any of its instrumentalities, for any infringement of intellectual property protected under Federal law; and ``(B) such waiver was made in accordance with the constitution and laws of the State, and remains effective. ``(2) The limitation on remedies under paragraph (1) shall not apply with respect to a right of the registrant or owner of a mark if-- ``(A) the limitation would materially and adversely affect a legitimate contract-based expectation in existence before January 1, 2002; or ``(B) the party seeking remedies was a bona fide purchaser for value of the right, and, at the time of the purchase, did not know and was reasonably without cause to believe that a State or State instrumentality was once the legal or beneficial owner of the right. ``(3) The limitation on remedies under paragraph (1) may be raised at any point in a proceeding, through the conclusion of the action. If raised before January 1, 2004, the court may stay the proceeding for a reasonable time, but not later than January 1, 2004, to afford the State an opportunity to waive its immunity as provided in paragraph (1).''. (d) Technical and Conforming Amendments.-- (1) Amendments to patent law.-- (A) In general.--Section 296 of title 35, United States Code, is repealed. (B) Table of sections.--The table of sections for chapter 29 of title 35, United States Code, is amended by striking the item relating to section 296. (2) Amendments to copyright law.-- (A) In general.--Section 511 of title 17, United States Code, is repealed. (B) Table of sections.--The table of sections for chapter 5 of title 17, United States Code, is amended by striking the item relating to section 511. (3) Amendments to trademark law.--Section 40 of the Trademark Act of 1946 (15 U.S.C. 1122) is amended-- (A) by striking subsection (b); (B) in subsection (c), by striking ``or (b)'' after ``subsection (a)''; and (C) by redesignating subsection (c) as subsection (b). SEC. 4. CLARIFICATION OF REMEDIES AVAILABLE FOR STATUTORY VIOLATIONS BY STATE OFFICERS AND EMPLOYEES. In any action against an officer or employee of a State or State instrumentality for any violation of any of the provisions of title 17 or 35, United States Code, the Trademark Act of 1946, or the Plant Variety Protection Act (7 U.S.C. 2321 et seq.), remedies shall be available against the officer or employee in the same manner and to the same extent as such remedies are available in an action against a private individual under like circumstances. Such remedies may include monetary damages assessed against the officer or employee, declaratory and injunctive relief, costs, attorney fees, and destruction of infringing articles, as provided under the applicable Federal statute. SEC. 5. LIABILITY OF STATES FOR CONSTITUTIONAL VIOLATIONS INVOLVING INTELLECTUAL PROPERTY. (a) Due Process Violations.--Any State or State instrumentality that violates any of the exclusive rights of a patent owner under title 35, United States Code, of a copyright owner, author, or owner of a mask work or original design under title 17, United States Code, of an owner or registrant of a mark used in commerce or registered in the Patent and Trademark Office under the Trademark Act of 1946, or of an owner of a protected plant variety under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.), in a manner that deprives any person of property in violation of the fourteenth amendment of the United States Constitution, shall be liable to the party injured in a civil action in Federal court for compensation for the harm caused by such violation. (b) Takings Violations.-- (1) In general.--Any State or State instrumentality that violates any of the exclusive rights of a patent owner under title 35, United States Code, of a copyright owner, author, or owner of a mask work or original design under title 17, United States Code, of an owner or registrant of a mark used in commerce or registered in the Patent and Trademark Office under the Trademark Act of 1946, or of an owner of a protected plant variety under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.), in a manner that takes property in violation of the fifth and fourteenth amendments of the United States Constitution, shall be liable to the party injured in a civil action in Federal court for compensation for the harm caused by such violation. (2) Effect on other relief.--Nothing in this subsection shall prevent or affect the ability of a party to obtain declaratory or injunctive relief under section 4 of this Act or otherwise. (c) Compensation.--Compensation under subsection (a) or (b)-- (1) may include actual damages, profits, statutory damages, interest, costs, expert witness fees, and attorney fees, as set forth in the appropriate provisions of title 17 or 35, United States Code, the Trademark Act of 1946, and the Plant Variety Protection Act; and (2) may not include an award of treble or enhanced damages under section 284 of title 35, United States Code, section 504(d) of title 17, United States Code, section 35(b) of the Trademark Act of 1946 (15 U.S.C. 1117 (b)), and section 124(b) of the Plant Variety Protection Act (7 U.S.C. 2564(b)). (d) Burden of Proof.--In any action under subsection (a) or (b)-- (1) with respect to any matter that would have to be proved if the action were an action for infringement brought under the applicable Federal statute, the burden of proof shall be the same as if the action were brought under such statute; and (2) with respect to all other matters, including whether the State provides an adequate remedy for any deprivation of property proved by the injured party under subsection (a), the burden of proof shall be upon the State or State instrumentality. (e) Effective Date.--This section shall apply to violations that occur on or after the date of enactment of this Act. SEC. 6. RULES OF CONSTRUCTION. (a) Jurisdiction.--The district courts shall have original jurisdiction of any action arising under this Act under section 1338 of title 28, United States Code. (b) Broad Construction.--This Act shall be construed in favor of a broad protection of intellectual property, to the maximum extent permitted by the United States Constitution. (c) Severability.--If any provision of this Act or any application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected.

Intellectual Property Protection Restoration Act of 2001 - Amends Federal patent law to prohibit the award of remedies in civil actions brought for infringement of a patent issued on or after January 1, 2002, if a State or State instrumentality is or was at any time the legal or beneficial owner of such patent, except upon proof that by the date the infringement commenced (or January 1, 2004, whichever is later) the State has waived its immunity from suit in Federal court for any infringement of intellectual property protected under Federal law.Exempts patents from such limitation if it would materially and adversely affect a legitimate contract-based expectation in existence before January 1, 2002, or the party seeking remedies was a bona fide purchaser for value of the patent, and, at the time of the purchase, did not know and was reasonably without cause to believe that a State or State instrumentality was once the legal or beneficial owner of the patent.Amends Federal copyright law and the Trademark Act of 1946 to apply the same condition of State waiver of immunity to suit under Federal law to the award of remedies in any civil action brought under such laws where a State or State instrumentality is or was at any time the legal or beneficial owner of the copyright or trademark involved.Provides that in actions against an officer or employee of a State or its instrumentality for violations of provisions of Federal copyright or patent laws, the U.S. Code, the Trademark Act of 1946, or the Plant Variety Protection Act, remedies shall be available against such individual in the same manner and to the same extent as they available in an action against a private individual under like circumstances.Imposes liability on States for violations of the fifth or fourteenth amendment of the U.S. Constitution (takings or due process violations) involving intellectual property under such Federal laws.

A bill to restore Federal remedies for infringements of intellectual property by States, and for other purposes.

-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-. -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-E-q-u-i-t-y -i-n -E-d-u-c-a-t-i-o-n-a-l -L-a-n-d---G-r-a-n-t -S-t-a-t-u-s -A-c-t -o-f -1-9-9-3-'-'-. -S-E-C-. -2-. -D-E-F-I-N-I-T-I-O-N-S-. -A-s -u-s-e-d -i-n -t-h-i-s -A-c-t-: -(-1-) -I-n-s-t-i-t-u-t-e-.----T-h-e -t-e-r-m -`-`-I-n-s-t-i-t-u-t-e-'-' -m-e-a-n-s -t-h-e -I-n-s-t-i-t-u-t-e -o-f -A-m-e-r-i-c-a-n -I-n-d-i-a-n -a-n-d -A-l-a-s-k-a -N-a-t-i-v-e -C-u-l-t-u-r-e -a-n-d -A-r-t-s -D-e-v-e-l-o-p-m-e-n-t -e-s-t-a-b-l-i-s-h-e-d -u-n-d-e-r -s-e-c-t-i-o-n -1-5-0-4 -o-f -t-h-e -A-m-e-r-i-c-a-n -I-n-d-i-a-n-, -A-l-a-s-k-a -N-a-t-i-v-e-, -a-n-d -N-a-t-i-v-e -H-a-w-a-i-i-a-n -C-u-l-t-u-r-e -a-n-d -A-r-t -D-e-v-e-l-o-p-m-e-n-t -A-c-t -(-2-0 -U-.-S-.-C-. -4-4-1-1-)-. -(-2-) -T-r-i-b-a-l-l-y -c-o-n-t-r-o-l-l-e-d -c-o-m-m-u-n-i-t-y -c-o-l-l-e-g-e-s-.----T-h-e -t-e-r-m -`-`-t-r-i-b-a-l-l-y -c-o-n-t-r-o-l-l-e-d -c-o-m-m-u-n-i-t-y -c-o-l-l-e-g-e-s-'-' -h-a-s -t-h-e -m-e-a-n-i-n-g -g-i-v-e-n -s-u-c-h -t-e-r-m -b-y -s-e-c-t-i-o-n -2-(-a-)-(-4-) -o-f -t-h-e -T-r-i-b-a-l-l-y -C-o-n-t-r-o-l-l-e-d -C-o-m-m-u-n-i-t-y -C-o-l-l-e-g-e -A-s-s-i-s-t-a-n-c-e -A-c-t -o-f -1-9-7-8 -(-2-5 -U-.-S-.-C-. -1-8-0-1-(-a-)-(-4-)-)-. -(-3-) -T-r-i-b-a-l-l-y -c-o-n-t-r-o-l-l-e-d -p-o-s-t-s-e-c-o-n-d-a-r-y -v-o-c-a-t-i-o-n-a-l -i-n-s-t-i-t-u-t-i-o-n-s-.----T-h-e -t-e-r-m -`-`-t-r-i-b-a-l-l-y -c-o-n-t-r-o-l-l-e-d -p-o-s-t-s-e-c-o-n-d-a-r-y -v-o-c-a-t-i-o-n-a-l -i-n-s-t-i-t-u-t-i-o-n-s-'-' -h-a-s -t-h-e -m-e-a-n-i-n-g -g-i-v-e-n -s-u-c-h -t-e-r-m -b-y -s-e-c-t-i-o-n -3-9-0-(-2-) -o-f -t-h-e -T-r-i-b-a-l-l-y -C-o-n-t-r-o-l-l-e-d -V-o-c-a-t-i-o-n-a-l -I-n-s-t-i-t-u-t-i-o-n-s -S-u-p-p-o-r-t -A-c-t -o-f -1-9-9-0 -(-2-0 -U-.-S-.-C-. -2-3-9-7-h-)-. -S-E-C-. -3-. -L-A-N-D---G-R-A-N-T -S-T-A-T-U-S -F-O-R -T-R-I-B-A-L-L-Y -C-O-N-T-R-O-L-L-E-D -C-O-M-M-U-N-I-T-Y -C-O-L-L-E-G-E-S -A-N-D -T-R-I-B-A-L-L-Y -C-O-N-T-R-O-L-L-E-D -P-O-S-T-S-E-C-O-N-D-A-R-Y -V-O-C-A-T-I-O-N-A-L -I-N-S-T-I-T-U-T-I-O-N-S-. -(-a-) -I-n -G-e-n-e-r-a-l-.----T-r-i-b-a-l-l-y -c-o-n-t-r-o-l-l-e-d -c-o-m-m-u-n-i-t-y -c-o-l-l-e-g-e-s-, -t-r-i-b-a-l-l-y -c-o-n-t-r-o-l-l-e-d -p-o-s-t-s-e-c-o-n-d-a-r-y -v-o-c-a-t-i-o-n-a-l -i-n-s-t-i-t-u-t-i-o-n-s-, -t-h-e -I-n-s-t-i-t-u-t-e-, -S-o-u-t-h-w-e-s-t -I-n-d-i-a-n -P-o-l-y-t-e-c-h-n-i-c -I-n-s-t-i-t-u-t-e-, -a-n-d -H-a-s-k-e-l-l -I-n-d-i-a-n -J-u-n-i-o-r -C-o-l-l-e-g-e -s-h-a-l-l -b-e -c-o-n-s-i-d-e-r-e-d -l-a-n-d---g-r-a-n-t -c-o-l-l-e-g-e-s -e-s-t-a-b-l-i-s-h-e-d -f-o-r -t-h-e -b-e-n-e-f-i-t -o-f -a-g-r-i-c-u-l-t-u-r-e -a-n-d -t-h-e -m-e-c-h-a-n-i-c -a-r-t-s -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -t-h-e -p-r-o-v-i-s-i-o-n-s -o-f -t-h-e -A-c-t -o-f -J-u-l-y -2-, -1-8-6-2-, -a-s -a-m-e-n-d-e-d -(-1-2 -S-t-a-t-. -5-0-3-; -7 -U-.-S-.-C-. -3-0-1---3-0-5-, -3-0-7-, -a-n-d -3-0-8-)-. -(-b-) -A-p-p-l-i-c-a-b-i-l-i-t-y -o-f -R-e-l-a-t-e-d -P-r-o-v-i-s-i-o-n-s-.----A-n-y -p-r-o-v-i-s-i-o-n -o-f -a-n-y -A-c-t -o-f -C-o-n-g-r-e-s-s -r-e-l-a-t-i-n-g -t-o -t-h-e -o-p-e-r-a-t-i-o-n -o-f-, -o-r -p-r-o-v-i-s-i-o-n -o-f-, -a-s-s-i-s-t-a-n-c-e -t-o -a -l-a-n-d---g-r-a-n-t -c-o-l-l-e-g-e -i-n -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-, -P-u-e-r-t-o -R-i-c-o-, -t-h-e -D-i-s-t-r-i-c-t -o-f -C-o-l-u-m-b-i-a-, -t-h-e -V-i-r-g-i-n -I-s-l-a-n-d-s-, -G-u-a-m-, -A-m-e-r-i-c-a-n -S-a-m-o-a-, -o-r -t-h-e -N-o-r-t-h-e-r-n -M-a-r-i-a-n-a -I-s-l-a-n-d-s -s-h-a-l-l -a-p-p-l-y -t-o -t-h-e -l-a-n-d---g-r-a-n-t -c-o-l-l-e-g-e-s -a-n-d -i-n-s-t-i-t-u-t-i-o-n-s -d-e-s-c-r-i-b-e-d -i-n -s-u-b-s-e-c-t-i-o-n -(-a-) -i-n -t-h-e -s-a-m-e -m-a-n-n-e-r -a-n-d -t-o -t-h-e -s-a-m-e -e-x-t-e-n-t-. -(-c-) -A-u-t-h-o-r-i-z-a-t-i-o-n -o-f -A-p-p-r-o-p-r-i-a-t-i-o-n-s-.----I-n -l-i-e-u -o-f -e-x-t-e-n-d-i-n-g -t-o -t-h-e -c-o-l-l-e-g-e-s -a-n-d -i-n-s-t-i-t-u-t-i-o-n-s -d-e-s-c-r-i-b-e-d -i-n -s-u-b-s-e-c-t-i-o-n -(-a-) -t-h-o-s-e -p-r-o-v-i-s-i-o-n-s -o-f -t-h-e -A-c-t -o-f -J-u-l-y -2-, -1-8-6-2-, -a-s -a-m-e-n-d-e-d-, -r-e-l-a-t-i-n-g -t-o -d-o-n-a-t-i-o-n-s -o-f -p-u-b-l-i-c -l-a-n-d -o-r -l-a-n-d -s-c-r-i-p -f-o-r -t-h-e -e-n-d-o-w-m-e-n-t -a-n-d -m-a-i-n-t-e-n-a-n-c-e -o-f -c-o-l-l-e-g-e-s -f-o-r -t-h-e -b-e-n-e-f-i-t -o-f -a-g-r-i-c-u-l-t-u-r-e -a-n-d -t-h-e -m-e-c-h-a-n-i-c -a-r-t-s-, -t-h-e-r-e -i-s -a-u-t-h-o-r-i-z-e-d -t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -$-1-0-,-0-0-0-,-0-0-0 -t-o -s-u-c-h -t-r-i-b-a-l -c-o-l-l-e-g-e-s -a-n-d -i-n-s-t-i-t-u-t-i-o-n-s-. -A-m-o-u-n-t-s -a-p-p-r-o-p-r-i-a-t-e-d -p-u-r-s-u-a-n-t -t-o -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -b-e -h-e-l-d -a-n-d -c-o-n-s-i-d-e-r-e-d -t-o -h-a-v-e -b-e-e-n -g-r-a-n-t-e-d -t-o -s-u-c-h -c-o-l-l-e-g-e-s -a-n-d -i-n-s-t-i-t-u-t-i-o-n-s -s-u-b-j-e-c-t -t-o -t-h-e -p-r-o-v-i-s-i-o-n-s -o-f -t-h-a-t -A-c-t -a-p-p-l-i-c-a-b-l-e -t-o -t-h-e -p-r-o-c-e-e-d-s -f-r-o-m -t-h-e -s-a-l-e -o-f -l-a-n-d -o-r -l-a-n-d -s-c-r-i-p-. SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Educational Land-Grant Status Act of 1993''. SEC. 2. DEFINITION. As used in this Act, the term ``1994 Institutions'' means any one of the following colleges: (1) Bay Mills Community College. (2) Blackfeet Community College. (3) Cheyenne River Community College. (4) D-Q University. (5) Dullknife Memorial College. (6) Fond Du Lac Community College. (7) Fort Belknap Community College. (8) Fort Berthold Community College. (9) Fort Peck Community College. (10) LacCourte Orielles Ojibwa Community College. (11) Little Big Horn Community College. (12) Little Hoop Community College. (13) Nebraska Indian Community College. (14) Northwest Indian College. (15) Oglala Lakota College. (16) Salish Kootenai College. (17) Sinte Gleska University. (18) Sisseton Wahpeton Community College. (19) Standing Rock College. (20) Stonechild Community College. (21) Turtle Mountain Community College. (22) Navajo Community College. (23) United Tribes Technical College. (24) Southwest Indian Polytechnic Institute. (25) Institute of American Indian and Alaska Native Culture and Arts Development. (26) Crownpoint Institute of Technology. (27) Haskell Indian Junior College. (28) Leech Lake Tribal College. (29) College of the Menominee Nation. SEC. 3. LAND-GRANT STATUS FOR 1994 INSTITUTIONS. (a) In General.--1994 Institutions shall be considered land-grant colleges established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301-305, 307, and 308). (b) Applicability of Related Provisions.-- (1) In general.--Except as provided in paragraph (2), any provision of any Act of Congress relating to the operation of, or provision of, assistance to a land-grant college in the United States, Puerto Rico, the District of Columbia, the United States Virgin Islands, Guam, American Samoa, or the Northern Mariana Islands shall apply to 1994 Institutions in the same manner and to the same extent as such provision applies to land-grant colleges. (2) Exceptions.--Except as otherwise provided, this subsection shall not apply to any Act of Congress to assist agricultural research at colleges eligible to receive funds pursuant to the Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 322 et seq.), the Act of May 8, 1914 (38 Stat. 372, chapter 79; 7 U.S.C. 341 et seq.), or the Act of March 2, 1887 (24 Stat. 440, chapter 314; 7 U.S.C. 361a et seq.). (c) Authorization of Appropriations.--In lieu of extending to 1994 Institutions, the provisions of the Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.), relating to donations of public land or land scrip for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts, there is authorized to be appropriated $23,000,000 to 1994 Institutions. Amounts appropriated pursuant to this section shall be held and considered to have been granted to 1994 Institutions subject to the provisions of that Act applicable to the proceeds from the sale of land or land scrip. SEC. 4. APPROPRIATIONS. (a) The Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 322 et seq.) is amended-- (1) in section 1 (7 U.S.C. 322)-- (A) by inserting after ``$50,000'' the following: ``, and to each 1994 Institution (as defined in section 2 of the Equity in Educational Land-Grant Status Act of 1993), $50,000,''; and (B) by inserting after ``That said colleges'' the following: ``and 1994 Institutions''; and (2) in section 2 (7 U.S.C. 324)-- (A) by inserting ``and 1994 Institutions'' after ``colleges'', the first place such word appears; (B) by inserting after ``of the college,'' the following: ``1994 Institutions,''; and (C) by inserting after the first sentence the following: ``In the case of a 1994 Institution, said sums shall be paid to the treasurer of such Institution.''. (b) Section 3 of the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7 U.S.C. 343) is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(3) There is authorized to be appropriated for the fiscal year ending June 30, 1995, and for each fiscal year thereafter, for payment on behalf of the 1994 Institutions, $5,000,000 for the purposes set forth in section 2. Such sums shall be in addition to the sums appropriated for the several States and Puerto Rico, the Virgin Islands, and Guam under the provisions of this section. Such sums shall be distributed on the basis of a competitive applications process to be developed and implemented by the Secretary and paid by the Secretary to State institutions established in accordance with the provisions of the Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.) (other than 1994 Institutions) and administered by such institutions through cooperative agreements with 1994 Institutions in their States in accordance with regulations to be adopted by the Secretary.''; (2) by redesignating subsection (f) as subsection (g); and (3) by inserting the following new subsection: ``(f) There shall be no matching requirement for funds made available pursuant to subsection (b)(3).''. SEC. 5. RESEARCH FACILITIES. The Research Facilities Act (7 U.S.C. 390 et seq.) is amended-- (1) in section 2 (7 U.S.C. 390a)-- (A) by striking ``The purpose'' and inserting ``(a) In General.--The purpose''; and (B) by adding at the end the following new subsection: ``(b) 1994 Institutions.--For fiscal years 1995 through 1999, it shall be the purpose of this Act to assist 1994 Institutions (as defined in section 2 of the Equity in Educational Land-Grant Status Act of 1993) to construct, acquire, and remodel buildings, laboratories, and other capital facilities (including fixtures and equipment) necessary to more effectively conduct research in agriculture and sciences through matching grants to be awarded on a competitive basis.''; and (2) in section 4 (7 U.S.C. 390c)-- (A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (B) by inserting the following new subsection: ``(b) 1994 Institutions.--For each of fiscal years 1995 through 1999, there are authorized to be appropriated $1,700,000 for grants to 1994 Institutions (as defined in section 2 of the Equity in Educational Land-Grant Status Act of 1993) for the purposes described in section 2(b).''. Amend the title so as to read: ``A bill to provide land- grant status for certain Indian colleges and institutions.''.

Equity in Educational Land-Grant Status Act of 1993 - Provides land-grant status for specified tribally controlled community colleges and postsecondary vocational institutions, Bureau of Indian Affairs postsecondary institutions, and the Institute of American Indian Arts (Institutions). Authorizes appropriations, in lieu of public land or land scrip donations, for such Institutions. Amends the Act of August 30, 1890, to include such Institutions in the annual appropriation for food and agricultural sciences instruction. Amends the Act of May 8, 1914, to authorize annual appropriations for agricultural extension services at such Institutions. States that no matching funds shall be required. Amends the Research Facilities Act to authorize FY 1995 through 1999 appropriations for research facility construction at such Institutions.

Equity in Educational Land-Grant Status Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Main Street Revitalization Act of 2010''. SEC. 2. 10-YEAR CARRYBACK OF OPERATING LOSSES OF SMALL BUSINESSES. (a) In General.--Section 172(b)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(I) Carryback for 2010 and 2011 net operating losses of small businesses.-- ``(i) In general.--If a small business (as defined in subparagraph (F)(iii) determined by applying such subparagraph for a 10-taxable year period) elects the application of this subparagraph with respect to an applicable 2010 or 2011 net operating loss-- ``(I) subparagraph (A)(i) shall be applied by substituting any whole number elected by the taxpayer which is more than 2 and less than 11 for `2', ``(II) subparagraph (E)(ii) shall be applied by substituting the whole number which is one less than the whole number substituted under subclause (I) for `2', and ``(III) subparagraph (F) shall not apply. ``(ii) Applicable 2010 or 2011 net operating loss.--For purposes of this subparagraph, the term `applicable 2010 or 2011 net operating loss' means-- ``(I) the taxpayer's net operating loss for any taxable year ending in 2010 or 2011, or ``(II) if the taxpayer elects to have this subclause apply in lieu of subclause (I), the taxpayer's net operating loss for any taxable year beginning in 2010 or 2011. ``(iii) Election.--Any election under this subparagraph shall be made in such manner as may be prescribed by the Secretary, and shall be made by the due date (including extension of time) for filing the taxpayer's return for the taxable year of the net operating loss. Any such election, once made, shall be irrevocable. Any election under this subparagraph may be made only with respect to 2 taxable years.''. (b) Anti-Abuse Rules.--The Secretary of Treasury or the Secretary's designee shall prescribe such rules as are necessary to prevent the abuse of the purposes of the amendments made by this section, including anti-stuffing rules, anti-churning rules (including rules relating to sale-leasebacks), and rules similar to the rules under section 1091 of the Internal Revenue Code of 1986 relating to losses from wash sales. (c) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to net operating losses arising in taxable years ending after December 31, 2009. (2) Transitional rule.--In the case of a net operating loss for a taxable year ending before the date of the enactment of this Act-- (A) any election made under section 172(b)(3) of the Internal Revenue Code of 1986 with respect to such loss may (notwithstanding such section) be revoked before the applicable date, and (B) any application under section 6411(a) of such Code with respect to such loss shall be treated as timely filed if filed before the applicable date. For purposes of this paragraph, the term ``applicable date'' means the date which is 60 days after the date of the enactment of this Act. SEC. 3. PERMANENT INCREASE IN LIMITATIONS ON EXPENSING OF CERTAIN DEPRECIABLE BUSINESS ASSETS; EXPENSING OF CERTAIN REAL PROPERTY. (a) In General.--Subsection (b) of section 179 of the Internal Revenue Code of 1986 (relating to limitations) is amended-- (1) by striking ``$25,000'' and all that follows in paragraph (1) and inserting ``$250,000.'', (2) by striking ``$200,000'' and all that follows in paragraph (2) and inserting ``$800,000'', (3) by striking ``after 2007 and before 2011, the $120,000 and $500,000'' in paragraph (5)(A) and inserting ``after 2010, the $250,000 and the $800,000'', (4) by striking ``2006'' in paragraph (5)(A)(ii) and inserting ``2009'', and (5) by striking paragraph (7). (b) Permanent Expensing of Computer Software; Expensing for Certain Real Property.--Paragraph (1) of section 179(d) of the Internal Revenue Code of 1986 (defining section 179 property) is amended to read as follows: ``(1) Section 179 property.--For purposes of this section, the term `section 179 property' means property acquired by purchase for use in the active conduct of a trade or business-- ``(A) which-- ``(i) is-- ``(I) tangible property (to which section 168 applies), or ``(II) computer software (as defined in section 197(e)(3)(B)) which is described in section 197(e)(3)(A)(i), to which section 167 applies, and which is placed in service in a taxable year beginning after 2002, and ``(ii) is section 1245 property (as defined in section 1245(a)(3)), or ``(B) which is section 1250 property (as defined by section 1250(c)). Such term shall not include any property described in section 50(b) and shall not include air conditioning or heating units.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 4. INCREASE IN AMOUNT ALLOWED AS DEDUCTION FOR START-UP EXPENDITURES. (a) In General.--Subsection (b) of section 195 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Special rule for taxable years beginning in 2010, 2011, or 2012.--In the case of a taxable year beginning in 2010, 2011, or 2012, paragraph (1)(A)(ii) shall be applied by substituting `$20,000' for `$5,000'.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2009.

Main Street Revitalization Act of 2010 - Amends the Internal Revenue Code to: (1) allow small businesses to elect a 10-year carryback of net operation losses incurred in 2010 and 2011; (2) make permanent the increased ($250,000) expensing allowance for depreciable business assets; (3) expand the types of assets eligible for expensing; and (4) increase the tax deduction for business start-up expenditures.

A bill to amend the Internal Revenue Code of 1986 to allow the expensing of certain real property.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Student Loan Forgiveness and Repayment Assistance Act of 2010''. (b) Table of Contents.--The table of contents of this Act is the following: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--INCOME-BASED REPAYMENT PLAN Sec. 101. Income-based repayment plan. TITLE II--PUBLIC SERVICE LOAN FORGIVENESS PROGRAM Sec. 201. Public service loan forgiveness program. TITLE III--LOWERING OF INTEREST RATES FOR HEALTH PROFESSIONS Sec. 301. Lowering of interest rates for health professions. TITLE IV--ENHANCING OPPORTUNITIES FOR MINORITIES Sec. 401. Enhancing opportunities for minorities. TITLE V--ASSISTANT SECRETARY FOR THE EVALUATION AND PROMOTION OF ACCESSIBILITY AND AFFORDABILITY IN HIGHER EDUCATION Sec. 501. Assistant Secretary for the evaluation and promotion of accessibility and affordability in higher education. SEC. 2. FINDINGS. Congress finds that, according to information compiled by Campus Progress-- (1) total Federal student debt in the United States, as of 2008, is more than $617,000,000,000, according to the Department of Education; (2) in 2008, the Advisory Committee on Student Financial Assistance estimated that between 1,700,000 to 3,200,0000 baccalaureate degrees will be lost this decade among academically qualified students because of financial barriers; (3) the average student today graduates college with student debt 25 percent higher than that of college graduates a decade ago, and enters the job market where the average job pays college graduates less than the job would have in 2000; (4) the average college senior graduated with $4,100 in credit card debt in 2008, according to a study by Sallie Mae, Inc., and $23,200 in student loans, according to the Institute for College Access and Success; (5) according to the Institute for College Access and Success, almost 7 in 10 college graduates are burdened with educational debt; (6) according to a 2006 report by the United States Public Interest Research Group, student debt is outpacing the starting salaries of jobs in teaching and social work, making it virtually impossible for many debt-laden college graduates to pursue careers in fields where they are desperately needed; (7) according to the same report, nearly \1/4\ of all graduates from public colleges, and almost 4 in 10 graduates from private colleges, have levels of student debt that would become unmanageable on the average salary of a starting teacher; (8) a 2002 report by the Nellie Mae Corporation found that students delay major life decisions as a result of increased student debt--38 percent of college graduates delay buying their first house because of debt, 14 percent delay marriage, and 21 percent delay having children; (9) according to a 2006 report by the Education Trust, the highest achieving low-income high school graduates go to college at nearly the same rate as the lowest achieving students from wealthy families; and (10) more than 60 percent of African-American, Hispanic, Native American, and Asian students face a gap between their expected family contribution, grants, and nonprivate loans and the cost of their education, according to the 2007-2008 National Postsecondary Student Aid Study. TITLE I--INCOME-BASED REPAYMENT PLAN SEC. 101. INCOME-BASED REPAYMENT PLAN. Section 493C(e) of the Higher Education Act of 1965 (20 U.S.C. 1098e(e)) is amended-- (1) in paragraph (1), by striking ``10 percent'' and inserting ``7 percent''; and (2) in paragraph (2), by striking ``20 years'' and inserting ``15 years''. TITLE II--PUBLIC SERVICE LOAN FORGIVENESS PROGRAM SEC. 201. PUBLIC SERVICE LOAN FORGIVENESS PROGRAM. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``120''; and (B) in subparagraph (B)(ii), by striking ``120''; and (2) by striking paragraph (2) and inserting the following: ``(2) Loan cancellation amount.-- ``(A) In general.--In the case of a borrower described in paragraph (1) who has made monthly payments as described in paragraph (1), the Secretary shall cancel the obligation to repay 5 percent of the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part after the borrower has made each of the following number of monthly payments: ``(i) After 60 monthly payments. ``(ii) After 72 monthly payments. ``(iii) After 84 monthly payments. ``(iv) After 96 monthly payments. ``(v) After 108 monthly payments. ``(B) Remaining balance cancelled.--In the case of a borrower described in paragraph (1) who has made 120 monthly payments as described in paragraph (1), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part.''. TITLE III--LOWERING OF INTEREST RATES FOR HEALTH PROFESSIONS SEC. 301. LOWERING OF INTEREST RATES FOR HEALTH PROFESSIONS. (a) Health Professions Student Loans.-- (1) In general.--Section 705(b) of the Public Health Service Act (42 U.S.C. 292d(b)) is amended by striking ``the average of'' and all that follows and inserting ``3.5 percent.''. (2) Physician assistants.--Section 719(1) of the Public Health Service Act (42 U.S.C. 292o(1)) is amended by inserting before the period the following: ``, or an entity providing programs for the training of physician assistants''. (b) Primary Care Loans.--Section 722(e) of the Public Health Service Act (42 U.S.C. 292r(e)) is amended by striking ``5 percent'' and inserting ``3.5 percent''. (c) Nursing Loan Program.--Section 836(b)(5) of the Public Health Service Act (42 U.S.C. 297b(b)(5)) is amended by striking ``5 percent'' and inserting ``3.5 percent''. TITLE IV--ENHANCING OPPORTUNITIES FOR MINORITIES SEC. 401. ENHANCING OPPORTUNITIES FOR MINORITIES. (a) Program Authorized.--From amounts appropriated under this section, the Secretary of Education shall carry out a pilot program of awarding grants, on a competitive basis, to eligible institutions to enable the eligible institutions to enhance opportunities for students attending such institutions. (b) Eligible Institutions.--In this section, the term ``eligible institution'' has the meaning given the term in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). (c) Applications.-- (1) In general.--An eligible institution desiring a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--The application described in paragraph (1) shall include an outline of the eligible institution's plan for the grant that takes into consideration-- (A) increasing the eligible institution's educational program capacity for degree-granting, certificate-granting, adult education, and noncredit programs; (B) increasing the eligible institution's student graduation rates; and (C) how to achieve the purposes of the grant without increasing the costs to students attending the eligible institution. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of the fiscal years 2011 through 2015. TITLE V--ASSISTANT SECRETARY FOR THE EVALUATION AND PROMOTION OF ACCESSIBILITY AND AFFORDABILITY IN HIGHER EDUCATION SEC. 501. ASSISTANT SECRETARY FOR THE EVALUATION AND PROMOTION OF ACCESSIBILITY AND AFFORDABILITY IN HIGHER EDUCATION. Section 202 of the Department of Education Organization Act (20 U.S.C. 3412) is amended by adding at the end the following: ``(j) Assistant Secretary for the Evaluation and Promotion of Accessibility and Affordability in Higher Education.--There shall be in the Department an Assistant Secretary for the Evaluation and Promotion of Accessibility and Affordability in Higher Education, who shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary shall-- ``(1) evaluate periodically what has been done thus far and what further actions should still be taken, to increase-- ``(A) accessibility to higher education; ``(B) higher education opportunities for underserved minorities; ``(C) capacity to educate more medical personnel; and ``(D) debt forgiveness to encourage graduates of institutions of higher education to pursue public service; ``(2) evaluate periodically the impact of the Healthcare and Education Reconciliation Act of 2010 (Public Law 111-152) in order to determine the effectiveness of the educational grants and financial assistance programs modified by such Act; ``(3) promote higher education, including higher education accessibility, affordability, and completion options, to prospective and current students of institutions of higher education; and ``(4) not later than 30 days after the end of each quarter of a fiscal year, submit to the appropriate committees of Congress a report that-- ``(A) describes current trends regarding the accessibility and affordability of higher education in the United States, including the impact of the educational grants and financial assistance programs established under or modified by the Student Loan Forgiveness and Repayment Assistance Act of 2010; and ``(B) includes the Assistant Secretary's recommendations to Congress regarding how to increase the accessibility and affordability of higher education.''.

Student Loan Forgiveness and Repayment Assistance Act of 2010 - Amends the Higher Education Act of 1965 to lower the cap on annual, income-based student loan repayments for new borrowers of Direct Loans after July 1, 2014, from 10% to 7% of the amount by which a borrower's and the borrower's spouse's adjusted gross income exceeds 150% of the poverty line. Requires the Secretary of Education to forgive the remaining balance of such loans after 15 (currently, 20) years of repayment. Cancels a public service employee's obligation to repay 5% of the balance of his or her principal and interest on a Direct Loan after 60 monthly payments, 72 monthly payments, 84 monthly payments, 96 monthly payments, and 108 monthly payments as such employee. Requires the Secretary to cancel all of their remaining balance after 120 monthly payments. Amends the Public Health Service Act to set the interest rate on student loans under the Health Professions Education program and the Nursing Workforce Development program at 3.5%. Directs the Secretary to establish a pilot program awarding competitive grants to historically Black colleges and universities and other minority-serving institutions to enable them, without increasing student costs, to increase their: (1) capacity for degree-granting, certificate-granting, adult education, and noncredit programs; (2) student graduation rates. Amends the Department of Education Organization Act to establish an Assistant Secretary for the Evaluation and Promotion of Accessibility and Affordability in Higher Education in the Department of Education, who shall report quarterly to Congress regarding trends in, and means of increasing, the accessibility and affordability of higher education.

A bill to expand student loan forgiveness, to provide loan repayment assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Transparency and Accountability Act of 2015''. SEC. 2. FLOOD INSURANCE TRANSPARENCY, ACCOUNTABILITY, AND REFORM. (a) Reports and Other Claim-Related Documents.--Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019) is amended by adding at the end the following: ``(d) Final Engineering Reports.--The Administrator shall require that, in the case of any on-site inspection of a property by an engineer for the purpose of assessing any claim for losses covered by a policy for flood insurance coverage provided under this title, the final engineering report shall be provided to the insured under the policy, as follows: ``(1) Timing.--The final engineering report may not be transmitted to any other person, employer, agency, or entity, before it is transmitted to the insured. ``(2) Prohibition on alterations; certification.--The final engineering report may not include alterations by, or at the request of, anyone other than the responsible in charge for such report and shall include a certification, signed by the responsible in charge for the report, that it does not contain any such alterations. ``(3) Transmittal.--The final engineering report shall be transmitted to the insured in a manner as the Administrator shall provide that provides reasonable assurance that it was transmitted directly to the insured by the responsible in charge. ``(4) Reports covered.--For purposes of this subsection, the term `final engineering report' means an engineering report, survey, or other document in connection with such claim that-- ``(A) is based on such on-site inspection; ``(B) contains final conclusions with respect to an engineering issue or issues involved in such claim; and ``(C) is signed by the responsible in charge or affixed with the seal of such responsible in charge, or both. ``(e) Claims Adjustment Reports.--The Administrator shall require that, in the case of any on-site inspection of a property by a claims adjustor for the purpose of assessing any claim for losses covered by a policy for flood insurance coverage provided under this title, any report shall be provided to the insured under the policy, as follows: ``(1) Timing.--Such report may not be transmitted to any other person, employer, agency, or entity, before it is transmitted to the insured. ``(2) Prohibition on alterations; certification.--The report may not include alterations by, or at the request of, anyone other than such preparer and shall include a certification, signed by the preparer of the report, that it does not contain any such alterations. ``(3) Transmittal.--The report shall be transmitted to the insured in a manner as the Administrator shall provide that provides reasonable assurance that it was transmitted directly to the insured by the preparer. ``(4) Reports covered.--For purposes of this subsection, the term `report' means any report or document in connection with such claim that is based on such on-site inspection by the claims adjustor, including any adjustment report and field report. Such term also includes any draft, preliminary version, or copy of any such report and any amendments or additions to any such report. Such term does not include any engineering report, as such term is defined for purposes of subsection (d). ``(f) Other Claim-Related Documents.-- ``(1) Definition of claim-related document.--In this subsection, the term `claim-related document' means any document, other than a final engineering report (as defined in subsection (d)) or a report (as defined in subsection (e)), that was prepared for the purposes of assessing a claim for losses covered by flood insurance made available under this title, including-- ``(A) a repair and replacement estimate or bid; ``(B) an appraisal; ``(C) a scope of loss; ``(D) a drawing; ``(E) a plan; ``(F) a report, including a draft report prepared based on an on-site inspection of a property conducted by a claims adjustor or engineer; ``(G) a third-party finding on the amount of loss, amount of covered damage, or cost of repairs; and ``(H) any other valuation, measurement, or loss adjustment calculation of the amount of loss, amount of covered damage, or cost of repairs. ``(2) Availability of documents.--Any entity servicing a claim under the national flood insurance program-- ``(A) shall retain each claim-related document prepared by or for the entity; ``(B) upon request by a claimant or an authorized representative of a claimant, shall provide to the claimant or representative a copy of any claim-related document described in subparagraph (A) that pertains to the claimant; and ``(C) not later than 30 days after receiving notice of a claim, shall notify the claimant that the claimant or an authorized representative of the claimant may obtain, upon request, a copy of any claim-related document described in subparagraph (A) that pertains to the claimant.''. (b) Judicial Review.-- (1) Government program with industry assistance.--Section 1341 of the National Flood Insurance Act of 1968 (42 U.S.C. 4072) is amended by striking ``within one year after the date of mailing of notice of disallowance or partial disallowance by the Administrator'' and inserting the following: ``not later than the expiration of the 2-year period beginning upon the date of the occurrence of the losses involved in such claim or, in the case of a denial of a claim for losses that is appealed to the Administrator, not later than (1) the expiration of the 90-day period beginning upon the date of a final determination upon appeal denying such claim in whole or in part, or (2) the expiration of such 2-year period, whichever is later''. (2) Industry program with federal financial assistance.-- Section 1333 of the National Flood Insurance Act of 1968 (42 U.S.C. 4053) is amended by striking ``within one year after the date of mailing of notice of disallowance or partial disallowance of the claim'' and inserting the following: ``not later than the expiration of the 2-year period beginning upon the date of the occurrence of the losses involved in such claim or, in the case of a denial of a claim for losses that is appealed to the Administrator, not later than (1) the expiration of the 90-day period beginning upon the date of a final determination upon appeal denying such claim in whole or in part, or (2) the expiration of such 2-year period, whichever is later''. (c) Flood Insurance Advocate.--Section 24(b) of the Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C. 4033(b)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in subparagraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) provide a direct point of contact for policyholders under the National Flood Insurance Program to discuss the status of their claim appeals and the basis of the decision to initially deny their claims.''. (d) Records and Reviews.--Section 1348 of the National Flood Insurance Act of 1968 (42 U.S.C. 4084) is amended by adding at the end the following: ``(c) Annual Review.--The Administrator shall conduct an annual review of each private entity participating in the national flood insurance program, including any company that has entered into a contract with a Write Your Own insurance company to provide any service related to a policy or claim under the national flood insurance program, including adjusting, engineering, and legal services, to ensure compliance with this title and with all policies and procedures established by the Administrator to prevent fraud and protect policyholders.''. (e) Publication of Claims Data.--Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019), as amended by subsection (a), is amended by adding at the end the following: ``(g) Publication of Claims Data.--Not later than 1 year after the date of enactment of the Flood Insurance Transparency and Accountability Act of 2015, the Administrator shall create and maintain a publically searchable online database that includes, with respect to claims filed under the national flood insurance program after that date of enactment-- ``(1) the number of claims filed each month, broken down by State; ``(2) the number of claims paid in part or in full; ``(3) the number of claims denied and the reasons cited for each denial; and ``(4) the number of claim denials appealed, the number of claim denials upheld on appeal, and the number of claim denials overturned on appeal.''. (f) Engineering and Litigation Costs.--Section 1311 of the National Flood Insurance Act of 1968 (42 U.S.C. 4018) is amended by adding at the end the following: ``(c) Engineering and Litigation Costs.--The Administrator shall-- ``(1) in order to ensure that taxpayer funds are being appropriately expended, establish clear guidelines and standards to require that any engineering or litigation cost billed to the national flood insurance program by a Write Your Own insurance company is justified on a case-by-case basis, both by the entity that originally incurs the cost and by the Write Your Own Company; and ``(2) enforce compliance with the guidelines and standards established under paragraph (1).''. (g) Earth Movement.--Section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013) is amended by adding at the end the following: ``(e) Earth Movement.--A flood insurance claim filed under this title for damage to or loss of property shall not be denied based on the earth movement exclusion in the Standard Flood Insurance Policy if the claim is filed as the result of a flood, including a claim for damage to or loss or property caused by earth movement that was caused by a flood.''. (h) Appeals Process.--Section 205 of the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note) is amended-- (1) by striking ``Not later than'' and inserting ``(a) In General.--Not later than''; and (2) by adding at the end the following: ``(b) Review of Appeals.-- ``(1) Clarity.--The Director shall ensure that the appeals process established under subsection (a) has clear rules, forms, and deadlines. ``(2) Notification upon initial denial of claim.--The Director shall ensure that a claimant is provided with the rules, forms, and deadlines described in paragraph (1) at the time a claim is first denied in full or in part, including-- ``(A) the effective date of the denial; ``(B) a justification for the denial, including supporting documentation; ``(C) the date on which the period of limitation for instituting an action against the Administrator on the claim under section 1341 will end; and ``(D) a point of contact through which the claimant can directly discuss an appeal with a representative of the Federal Emergency Management Agency. ``(3) Notification upon denial of appeal.--If the Administrator denies an appeal filed by a policyholder, the Administrator shall include with the notice of denial an explanation of the policyholder's legal options for further challenging the denial.''. (i) Definition of Write Your Own.--Section 1370(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4121(a)) is amended-- (1) in paragraph (14), by striking ``and'' at the end; (2) in paragraph (15), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(16) the term `Write Your Own' means the cooperative undertaking between the insurance industry and the Federal Insurance and Mitigation Administration which allows participating property and casualty insurance companies to write and service standard flood insurance policies.''. SEC. 3. REPORTS TO CONGRESS. (a) Definitions.--In this section-- (1) the term ``National Flood Insurance Program'' means the program established under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.); (2) the term ``Task Force'' means the National Flood Insurance Program Transformation Task Force established by the Federal Emergency Management Agency; and (3) the term ``Write Your Own'' has the meaning given the term in section 1370(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4121(a)), as amended by section 2(i). (b) Report to Congress on Accountability for Defrauding Policyholders.--Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report on specific actions the Department of Homeland Security will take to identify individuals and private entities that have engaged in activities to defraud policyholders under the National Flood Insurance Program following Superstorm Sandy and prevent those individuals and private entities from continuing to receive Federal funding through-- (1) contracts with, or employment by, a Write Your Own insurance company; or (2) employment by the Federal Emergency Management Agency. (c) Report to Congress on Recommendations of the NFIP Transformation Task Force.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to Congress a report that describes-- (1) the recommendations of the Task Force for reforming the National Flood Insurance Program; (2) a timeline for implementing the recommendations of the Task Force; and (3) any recommendations of the Task Force that require additional legislation.

Flood Insurance Transparency and Accountability Act of 2015 This bill amends the National Flood Insurance Act of 1968 (NFIA) to direct the Federal Emergency Management Agency (FEMA) to declare that the final engineering report of an on-site property inspection conducted by an engineer to assess claims for losses covered by a flood insurance policy: may not be transmitted to any other person, employer, agency, or entity before it is transmitted to the insured; may not include alterations by anyone other than the person responsible for the report; and shall be transmitted to the insured in a manner giving reasonable assurance that it is transmitted directly to the insured by the responsible person in charge. The bill prescribes the manner in which such reports (including any adjustment and field reports) shall be transmitted to the insured. The bill revises the statute of limitations for appealing a disallowed claim for judicial review. The current limit of one year after the mailing date of FEMA's notice of disallowance or partial disallowance is repealed. The statute shall be extended to two years after the occurrence of the losses involved in a claim. If FEMA, or an insurance company denies any claim for losses that is appealed to FEMA, the claimant may institute an action in U.S. district court not later than the later of: (1) the expiration of the 90-day period beginning the date of a final determination upon appeal denying such claim in whole or in part, or (2) the expiration of the 2-year period after the occurrence of the losses. The Homeowner Flood Insurance Affordability Act of 2014 is amended to require the Flood Insurance Advocate to provide a direct point of contact for policyholders under the National Flood Insurance Program to discuss the status of their claim appeals and the basis of the initial decision to deny their claims. The NFIA is further amended to require FEMA to conduct an annual review of each private entity participating in the Program, including any company that has contracted with a Write Your Own insurance company to provide any service related to a policy or claim under the Program, including adjusting, engineering, and legal services, to ensure compliance with FEMA policies and procedures to prevent fraud and protect policyholders. A Write Your Own means the cooperative undertaking between the insurance industry and the Federal Insurance Administration which allows participating property and casualty insurance companies to write and service standard flood insurance policies. FEMA shall also: (1) create and maintain a publically searchable online database that includes specified information regarding claims filed under the Program, and (2) establish guidelines and standards to require that any engineering or litigation cost billed to the Program by a Write Your Own insurance company is justified on a case-by-case basis. A claim for damage to or loss of property shall not be denied based on the exclusion of earth movement (earthquake, volcanic eruption, landslide, sinkhole, mudflow, or shock wave) in the Standard Flood Insurance Policy if the claim is filed as the result of a flood, including a claim for damage to or loss or property caused by earth movement caused by a flood. The Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 is amended to require FEMA to ensure that: (1) the appeals process has clear rules, forms, and deadlines; (2) these are given to a claimant at the time a claim is first denied; and (3) the policyholder's legal options are explained upon denial of appeal. The Department of Homeland Security shall report to Congress on specific actions it will take to: identify individuals and private entities that have engaged in activities to defraud policyholders under the Program following Superstorm Sandy, and prevent those individuals and private entities from continuing to receive federal funding. FEMA shall report to Congress regarding National Flood Insurance Program Transformation Task Force recommendations for reforming the Program, and a timeline for implementing them.

Flood Insurance Transparency and Accountability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Screening Incentive Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) Studies have shown that early detection and screening for cancer can reduce cancer morbidity by as much as 50 percent for certain types of cancer. (2) Of the 1.17 million Americans diagnosed with cancer in 1993, the American Cancer Society estimates that 100,000 deaths could be avoided through early detection and prompt treatment. (3) Physicians report that concern about the costs of early detection procedures is one of the main reasons for hesitating to order such procedures. (4) Many low-income Americans lack comprehensive health insurance coverage and the majority of existing health insurance policies do not adequately cover the costs of cancer early detection and screening procedures. (5) Socioeconomically disadvantaged Americans are disproportionately affected by cancer in terms of incidence and mortality. (6) Demographic forecasts predict that the elderly population will double by the year 2020. Since cancer mortality and incidence rates rise dramatically with age, cancer prevention in the elderly population will become increasingly important. SEC. 3. CANCER SCREENING CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CANCER SCREENING TEST CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year expenditures paid or incurred during the taxable year for any qualified cancer screening test which is included in the list under subsection (c) and which is not compensated by insurance or otherwise, as follows: ``(1) Eligible individual.--In the case of an eligible individual, the amount of the credit allowable under this subsection shall not exceed-- ``(A) $250, or ``(B) $200 in the case of a taxpayer with taxable income for the taxable year in excess of the maximum rate of taxable income to which the 15-percent rate applies under the applicable table under section 1. ``(2) Qualified cancer screening provider.--In the case of a qualified cancer screening provider, the amount of the credit allowable under this subsection shall be an amount equal to the product of-- ``(A) the lower of-- ``(i) the usual and customary charges for qualified cancer screening tests, or ``(ii) the rate of payment established by the Health Care Financing Administration for qualified cancer screening tests, multiplied by-- ``(B) the number of qualified cancer screening tests provided without charge during the taxable year to qualifying low-income individuals. ``(b) Definitions.--For purposes of subsection (a)-- ``(1) Eligible individual.--The term `eligible individual' means an individual who is-- ``(A) the taxpayer, ``(B) the taxpayer's spouse, or ``(C) any individual for whom the taxpayer is allowed an exemption under section 151. ``(2) Qualified cancer screening provider.--The term `qualified cancer screening provider' means a medical practitioner, facility, hospital, laboratory, or similar institution licensed under State law to provide 1 or more qualified cancer screening tests. ``(3) Qualifying low-income individual.--The term `qualifying low-income individual' means an individual-- ``(A) whose income level does not exceed 150 percent of the official poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved, and ``(B) with respect to whom identifying information is maintained. ``(c) Qualified Cancer Screening Tests.-- ``(1) In general.--For purposes of this section, the Secretary, after consultation with the Secretary of Health and Human Services and cancer research and prevention organizations, shall publish, not later than December 31, 1993, and annually thereafter, a list of cancer screening tests which qualify for the credit allowable under this section. ``(2) Cancer screening tests.--The list of cancer screening tests which qualify under this section shall include at least the following tests: ``(A) Physical breast examination and mammogram for female breast cancer. ``(B) Digital rectal examination, proctosigmoidoscopy, and blood stool test for colon and rectum cancer. ``(C) Rectal examination for prostate cancer. ``(D) Pap test for uterine cancer. ``(E) Pelvic examination for ovarian cancer. ``(d) Identifying Information.--No credit shall be allowed under this section unless the qualified cancer screening provider maintains, to the satisfaction of the Secretary, adequate records regarding the name and address, date of testing, and type of test provided with respect to each qualifying low-income individual with respect to whom a credit is claimed.'' (b) Coordination With Deductions for Medical Expenses.--Section 213(f) of such Code (relating to coordination with health insurance credit under section 32) is amended-- (1) by inserting ``and the amount (if any) of the cancer screening test credit allowable to the taxpayer for the taxable year under section 35(a)(1)'' before the end period; and (2) by inserting ``and Cancer Screening Test Credit Under Section 35'' in the heading after ``Section 32''. (c) Clerical Amendment.--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: ``Sec. 35. Cancer screening test credit. ``Sec. 36. Overpayments of tax.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993.

Cancer Screening Incentive Act of 1993 - Amends the Internal Revenue Code to allow a refundable tax credit for expenditures (not paid by insurance or otherwise) incurred by the taxpayer for qualified cancer screening tests.

Cancer Screening Incentive Act of 1993

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Renewables and Energy Efficiency Incentives Act of 1993''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. TITLE I--INCENTIVES FOR PRODUCTION AND USE OF RENEWABLE ENERGY SOURCES SEC. 101. ENERGY-RELATED CREDITS MAY OFFSET 25 PERCENT OF MINIMUM TAX. (a) In General.--Section 38(c) (relating to limitation based on amount of tax) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Energy credits may offset 25 percent of minimum tax.-- ``(A) In general.--In the case of the energy credit-- ``(i) this section and section 39 shall be applied separately with respect to such credit, and ``(ii) for purposes of applying paragraph (1) to such credit-- ``(I) 75 percent of the tentative minimum tax shall be substituted for the tentative minimum tax under subparagraph (A) thereof, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the energy credit). ``(B) Energy credit.--For purposes of this paragraph, the term `energy credit' means the portion of the credit under subsection (a) which is attributable to the credits determined under sections 45 and 48(a).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1993. SEC. 102. SMALL WIND TURBINES ELIGIBLE FOR ENERGY CREDIT. (a) In General.--Subparagraph (A) of section 48(a)(3) (defining energy property) is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) equipment which uses wind energy to generate electricity but only if such equipment has a rated capacity of 50 kilowatts or less and is not primarily used in the trade or business of producing electricity for sale to an unrelated person, or''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after December 31, 1993. SEC. 103. LESSEES ELIGIBLE FOR CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. (a) In General.--Paragraph (3) of section 45(c) (defining qualified facility) is amended by striking ``owned by the taxpayer'' and inserting ``operated by the taxpayer''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1993. SEC. 104. CLARIFICATION OF APPLICATION OF ENERGY CREDIT TO PROPERTY USING SOLAR ENERGY. (a) In General.--Paragraph (3) of section 48(a) (relating to energy credit) is amended by adding at the end thereof the following: ``Equipment shall be treated as satisfying the requirement of subparagraph (A)(i) that it use solar energy if its average annual use of energy from sources other than solar energy does not exceed 50 percent of its total energy input.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after December 31, 1993. TITLE II--INCENTIVES TO PROMOTE ENERGY EFFICIENCY SEC. 201. LARGE ELECTRIC TRUCKS, VANS, AND BUSES ELIGIBLE FOR DEDUCTION FOR CLEAN-FUEL VEHICLES. (a) In General.--Paragraph (3) of section 179A(c) (defining qualified clean-fuel vehicle property) is amended by adding at the end thereof the following: ``The preceding sentence shall not apply to any vehicle described in subclause (I) or (II) of subsection (b)(1)(A)(iii).'' (b) Denial of Credit.--Subsection (c) of section 30 is amended by adding at the end thereof the following new paragraph: ``(3) Denial of credit for vehicles for which deduction allowable.--The term `qualified electric vehicle' shall not include any vehicle described in subclause (I) or (II) of section 179A(b)(1)(A)(iii).'' (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 1993. SEC. 202. DEDUCTION FOR ENERGY CONSERVATION EXPENDITURES BY CERTAIN UTILITIES. (a) In General.--Part VI of subchapter B of chapter 1 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 196 the following new section: ``SEC. 197. ENERGY CONSERVATION EXPENDITURES BY ELECTRIC AND GAS UTILITIES. ``(a) General Rule.--In the case of an electric or gas utility, there shall be allowed as a deduction for the taxable year an amount equal to the energy conservation expenditures paid or incurred by the taxpayer during such taxable year. ``(b) Energy Conservation Expenditures.--For purposes of this section, the term `energy conservation expenditures' means expenditures for-- ``(1) subsidies provided directly or indirectly to customers for the purchase, installation, or modification of-- ``(A) any device or service primarily designed to reduce consumption of electricity, natural gas, or steam or to improve the management of energy demand, or ``(B) any specially defined energy property (as defined in section 136(c)(2)(A)), ``(2) energy use consulting and audits of commercial, residential, and industrial properties, or ``(3) administrative, promotional, and other costs associated with expenditures described in paragraph (1) or (2). Such term shall not include any expenditure taken into account in determining the basis of any tangible property which is owned by the taxpayer and which is of a character subject to the allowance for depreciation. ``(c) Electric or Gas Utility.--For purposes of this section, the term `electric or gas utility' means any corporation engaged in the furnishing or sale of electric energy, natural gas, or steam if the rates for such furnishing or sale have been established or approved by a State or political subdivision thereof, by any agency or instrumentality of the United States, or by a public utility or public service commission or other similar body of any State or political subdivision thereof or of the District of Columbia.'' (b) Conforming Amendments.-- (1) Paragraph (1) of section 263(a) is amended by striking ``; or'' at the end of subparagraph (F) and inserting a comma, by striking the period at the end of subparagraph (G) and inserting ``, or'', and by adding at the end thereof the following new subparagraph: ``(H) expenditures for which a deduction is allowed under section 197.'' (2) The table of sections for part VI of subchapter B of chapter 1 is amended by adding at the end thereof the following new item: ``Sec. 197. Energy conservation expenditures by electric and gas utilities.'' (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 1980. SEC. 203. FULL EXCLUSION FOR ENERGY CONSERVATION SUBSIDIES PROVIDED WITH RESPECT TO NONRESIDENTIAL PROPERTY. (a) In General.--Subsection (a) of section 136 (relating to energy conservation subsidies provided by public utilities) is amended to read as follows: ``(a) Exclusion.--Gross income shall not include the value of any subsidy provided (directly or indirectly) by a public utility to a customer for the purchase or installation of any energy conservation measure.'' (b) Conforming Amendment.--Paragraph (1) of section 136(c) (defining energy conservation measure) is amended by striking ``demand--'' and all that follows and inserting ``demand with respect to any property.'' (c) Effective Date.--The amendments made by this section shall apply to subsidies provided after December 31, 1993. TITLE III--REVENUE INCREASES SEC. 301. REDUCTION OF TAX SUBSIDIES FOR ETHANOL FUEL MIXTURES. (a) Reduction of Credit for Ethanol Blenders.--Subsection (h) of section 40 (relating to alcohol used as fuel) is amended-- (1) by striking ``54 cents'' each place it appears and inserting ``35 cents'', and (2) by striking ``40 cents'' each place it appears and inserting ``21 cents''. (b) Reduction of Fuel Tax Subsidies.-- (1) Subparagraph (A) of section 4081(c)(1) (relating to gasoline mixed with alcohol at refinery, etc.) is amended-- (A) by striking ``6.1 cents'' each place it appears and inserting ``8.0 cents'', (B) by striking ``7.342 cents'' each place it appears and inserting ``8.805 cents'', and (C) by striking ``8.422 cents'' each place it appears and inserting ``9.505 cents'' (2) Clause (i) of section 4041(b)(2)(A) (relating to reduction in special fuels tax for qualified methanol and ethanol fuel) is amended by striking ``5.4 cents'' and inserting ``3.5 cents''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1994. SEC. 302. REPEAL OF EXCLUSION FOR INTEREST ON BONDS ISSUED TO FINANCE ELECTRIC GENERATING FACILITIES FUELED BY COAL, PETROLEUM, OR NUCLEAR POWER. (a) In General.--Section 149 (relating to bonds must be registered to be tax exempt; other requirements) is amended by adding at the end thereof the following new subsection: ``(h) Bonds Used To Finance Certain Electric Generating Facilities Not Tax-Exempt.--Nothing in section 103(a) or in any other provision of law shall be construed to provide an exemption from Federal income tax for interest on any bond issued as part of an issue if any portion of such issue is used to provide facilities for the furnishing of electricity if such electricity is generating using nuclear power, coal, crude oil, or any petroleum product.'' (b) Conforming Amendment.--Paragraph (8) of section 142(a) is amended by inserting ``except as provided in section 149(h),'' before ``facilities''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 303. REPEAL OF TAX-EXEMPT STATUS FOR ELECTRIC COOPERATIVES. (a) In General.--Subparagraph (A) of section 501(c)(12) (relating to list of exempt organizations) is amended by inserting ``(other than electric companies)'' after ``like organizations''. (b) Conforming Amendments.-- (1) Paragraph (12) of section 501(c) is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (2) Subparagraph (C) of section 501(c)(12), as redesignated by paragraph (1), is amended-- (A) by striking ``or electric'' each place it appears, and (B) by striking ``of electricity or''. (3) Subsection (d) of section 513 is amended by striking ``or electric''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 304. INCREASED TAXES ON CRUDE OIL. (a) In General.--Paragraph (1) of section 4611(c) (relating to rate of tax on petroleum) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end thereof the following new subparagraph: ``(C) the petroleum security rate.'' (b) Rate of Tax.--Paragraph (2) of section 4611(c) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end thereof the following new subparagraph: ``(C) the petroleum security rate is 5 cents a barrel.'' (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1994. SEC. 305. DEDUCTION FOR PERCENTAGE DEPLETION FOR OIL AND GAS WELLS LIMITED TO ADJUSTED BASIS. (a) In General.--Subsection (d) of section 613A (relating to limitations on percentage depletion in case of oil and gas wells) is amended by adding at the end thereof the following new paragraph: ``(6) Limitation based on adjusted basis.--The deduction for the taxable year attributable to the application of subsection (c) with respect to any property shall not exceed the adjusted basis of such property at the end of the taxable year (determined without regard to the depletion deduction for such taxable year).'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 306. REPEAL OF EXCEPTION FROM PASSIVE LOSS LIMITATION FOR WORKING INTERESTS IN OIL AND GAS PROPERTIES. (a) In General.--Subsection (c) of section 469 (relating to passive activity losses and credits limited) is amended by striking paragraph (3) and by redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively. (b) Conforming Amendment.--Paragraph (3) of section 469(c), as redesignated by subsection (a), is amended-- (1) by striking ``paragraphs (2) and (3)'' in the heading and inserting ``paragraph (2)'', and (2) by striking ``Paragraphs (2) and (3)'' in the text and inserting ``Paragraph (2)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993.

TABLE OF CONTENTS: Title I: Incentives for Production and Use of Renewable Energy Sources Title II: Incentives to Promote Energy Efficiency Title III: Revenue Increases Renewables and Energy Efficiency Incentives Act of 1993 - Title I: Incentives for Production and Use of Renewable Energy Sources - Amends the Internal Revenue Code to allow energy tax credits to offset 25 percent of tentative minimum tax. Includes certain small wind turbine equipment as energy property for purposes of the energy credit. Makes lessees of electric facilities eligible for the credit for producing electricity from renewable resources. Title II: Incentives to Promote Energy Efficiency - Makes certain trucks, vans, and buses eligible for the deduction for clean-fuel vehicles. Denies any credit for which such deduction is allowable. Allows electric or gas utilities a deduction for energy conservation expenditures. Removes the limitation on the exclusion from gross income for nonresidential property for energy conservation subsidies provided by public utilities. Title III: Revenue Increases - Reduces the credit for ethanol blenders. Increases the Highway Trust Fund financing rate for determining the tax on gasoline mixed with alcohol at a refinery. Reduces such financing rate for methanol and ethanol fuels. Prohibits an exemption from tax for interest on any bond used to finance certain electric generating facilities. Repeals the tax-exempt status of electric companies. Imposes a security rate tax on petroleum. Limits the deduction for percentage depletion for oil and gas wells to their adjusted basis. Repeals the exception from passive loss limitations for working interests in oil and gas properties.

Renewables and Energy Efficiency Incentives Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yurok Lands Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) Federal agency.--The term ``Federal agency'' has the same meaning given that term in section 1508.12 of title 40, Code of Federal Regulations, except that such term shall not include States, units of general local government, and Indian Tribes. (2) NEPA.--The term ``NEPA'' means the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Revised yurok reservation.--The term ``revised Yurok Reservation'' means the land within the Yurok Reservation exterior boundary as revised in section 5(a), except land owned in fee by or held in trust by the United States for the benefit of a federally recognized Indian Tribe other than the Yurok Tribe. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, the Secretary of Agriculture, or the Secretary of Transportation, as appropriate. (5) Tribe.--The term ``Tribe'' means the Yurok Tribe, a federally recognized Indian Tribe. SEC. 3. TRIBAL-FEDERAL PARTNERSHIPS FOR FEDERAL LAND AND RESOURCE MANAGEMENT. (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall-- (1) act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process; or (2) act as a participating or cooperating agency if a Memorandum of Understanding is not executed within the 30-day period (or an additional time period agreed to by the Tribe and the Federal lead agency) or is terminated. (b) Requirements for Memorandum of Understanding.--A Memorandum of Understanding entered into under this section shall-- (1) be negotiated in good faith; (2) comply with NEPA regulations; and (3) include-- (A) the respective roles and responsibilities of the Tribe and the lead Federal agency in the NEPA process; (B) mechanisms for dispute resolution; and (C) a requirement that environmental impact statements shall discuss any inconsistency of a proposed action with any plan or environmental requirement of the Tribe (whether or not federally sanctioned), and, where such an inconsistency exists, a requirement that the environmental impact statement shall describe-- (i) the extent to which the lead Federal agency would reconcile its proposed action with the plan or environmental requirement; and (ii) what mitigation measures are being imposed to lessen adverse environmental impacts of the proposal identified by the Tribe. (c) Cooperating Agency.--For the purpose of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land that may affect the revised Yurok Reservation, at the option of the Tribe, the Tribe shall act as a cooperating agency. (d) No Limitation on Existing Authority.--Nothing in this section shall limit ability of the Tribe or any other federally recognized Indian Tribe to participate in any process triggered by a requirement under NEPA as a joint lead or a cooperating agency. (e) Cooperative Agreements With the Tribe.-- (1) Redwood national park.--The Secretary shall enter into a cooperative agreement with the Tribe for system unit natural resource protection for the purpose of protecting natural resources of Redwood National Park pursuant to section 101702 of title 54, United States Code. (2) Forest service.--The Secretary of Agriculture shall enter into a cooperative agreement with the Tribe that includes, at a minimum, provisions that implement section 4. (3) Tribe as an agency.--The Tribe shall be considered a State or local government agency for purposes of section 101703 of title 54, United States Code, and the Secretary shall enter into a cooperative management agreement with the Tribe pursuant to that section. (4) Confirmation and authorization of cooperative agreement related to the klamath river basin.--The 2006 ``Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California'' is confirmed and the Secretary is authorized to take such actions as are necessary to effectuate the agreement. (f) Self-Governance Agreements.--Federal agencies, as appropriate, shall negotiate, in good faith, self-governance agreements under this Act pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.). Program functions, services, and activities, or portions thereof, carried out by the National Park Service on Federal land within the revised Yurok Reservation shall be included in a contract or compact to the extent allowed under title I or title IV of the Indian Self-Determination and Education Assistance Act. SEC. 4. LAND TO BE HELD IN TRUST FOR THE TRIBE. (a) In General.--Subject to any valid existing rights, the Secretary of Agriculture shall transfer to the Secretary of the Interior administrative jurisdiction over approximately 1,229 acres in the Yurok Experimental Forest administered by the Forest Service, as generally depicted on the map entitled ``Experimental Forest'' and dated October 4, 2016. The map shall be on file and available for public inspection in the appropriate offices of the Forest Service. (b) Administration.--The Secretary of the Interior shall hold the land transferred under subsection (a) in trust for the benefit of the Tribe. (c) Tribal Land Use Management Plan.--The Tribe shall develop a Tribal Land Use Management Plan in accordance with NEPA requirements for the land held in trust pursuant to subsection (b). (d) Government-to-Government Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Tribe-- (1) shall enter into government-to-government consultations; (2) shall develop protocols to ensure that research activities of the Forest Service on lands taken into trust pursuant to subsection (b) shall continue in perpetuity; and (3) may enter into cooperative agreements between the Secretary of Agriculture and the Tribe for the purpose of implementing this section. (e) Survey.--Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall complete a survey to establish the exterior boundaries of the land taken into trust pursuant to subsection (b). (f) Use of Trust Land.--Land taken into trust pursuant to subsection (b) shall-- (1) be managed by the Tribe for conservation and research purposes; (2) not be eligible or used for any gaming activity carried out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.); and (3) not be subject to old growth logging. SEC. 5. YUROK RESERVATION BOUNDARY ADJUSTMENT. (a) In General.--The Secretary shall revise the boundary of the Yurok Reservation as depicted on the map entitled ``Revised Yurok Reservation Boundary'' and dated September 20, 2017, copies of which shall be on file and available for public inspection in the appropriate offices of the Bureau of Indian Affairs. (b) Land Management.--Subject to the requirements of sections 3 and 4-- (1) all National Forest System land within the revised Yurok Reservation shall continue to be administered by the Forest Service in accordance with applicable laws and regulations; and (2) all National Park System land within the revised Yurok Reservation shall continue to be administered by the National Park Service in accordance with applicable laws and regulations. SEC. 6. YUROK SCENIC BYWAY DESIGNATION. (a) Designation of the Yurok Scenic Byway.--Bald Hills Road from its junction with U.S. Highway 101 to its terminus on the Klamath River shall be designated as the ``Yurok Scenic Byway'', an Indian Tribe scenic byway, and the Tribe shall be eligible for appropriate grants and technical assistance as authorized in section 162(b) of title 23, United States Code. (b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). SEC. 7. CONFIRMATION OF GOVERNING BODY AND DOCUMENTS. The governing documents of the Tribe and the governing body established and elected thereunder, as recognized by the Secretary and in effect on the date of the enactment of this Act, are hereby ratified and confirmed and shall only have effect within the revised Yurok Reservation. SEC. 8. NO DELEGATION OF FEDERAL AUTHORITY OVER NON-TRIBAL LAND OR PEOPLE. Nothing in this Act (including the ratification and confirmation by section 7 of the governing documents of the Tribe and the governing body established and elected thereunder) shall be construed as a delegation of Federal or other authority to the Tribe, the Tribal body, or any member of the Tribe, over or related to land or interests in land that are not within the revised Yurok Reservation. SEC. 9. NO ADDITIONAL AUTHORITY OR RIGHTS. Nothing in this Act shall increase, diminish, or otherwise affect the rights, privileges, or authorities of any federally recognized Indian Tribe in relation to any other federally recognized Indian Tribe.

Yurok Lands Act This bill gives the Yurok Tribe the option to expand its role in the environmental review process under the National Environmental Policy Act of 1969 with respect to major federal actions within: (1) the Revised Yurok Reservation, and (2) specified areas within the Klamath and Redwood Creek Watersheds. The Department of the Interior must enter into a cooperative agreement with the tribe for protecting the natural resources of Redwood National Park. The bill confirms the 2006 "Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California" and authorizes Interior to implement the agreement. The Forest Service must transfer 1,229 acres in the Yurok Experimental Forest to Interior. That land must be held in trust for the benefit of the tribe and be managed by the tribe for conservation and research purposes. The trust land may not be: (1) used for gaming activity, and (2) subject to old growth logging. Interior must revise the boundary of the reservation as depicted on the map titled "Revised Yurok Reservation Boundary" and dated December 7, 2016. National Forest System land and National Park System land within the revised reservation must be administered by the Forest Service and the National Park Service, respectively. The bill designates the Bald Hills Road, which runs from U.S. Highway 101 to the Klamath River, as the "Yurok Scenic Byway." The bill ratifies and confirms the tribe's governing documents.

Yurok Lands Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S.-China Language Engagement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Elementary school, local educational agency, secondary school, state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Physical exchange.--The term ``physical exchange'' means an academic, professional, or cultural exchange between the United States and the People's Republic of China that requires international travel by one or more individuals involved in the exchange. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) Virtual exchange.--The term ``virtual exchange'' means an academic, professional, or cultural exchange between the United States and the People's Republic of China that does not require international travel by one or more individuals involved in the exchange. SEC. 3. PROGRAMS FOR CHINESE LANGUAGE AND CULTURAL STUDIES INSTRUCTION. (a) Program Authorized.-- (1) In general.--From amounts appropriated under subsection (e), the Secretary of Education shall award grants, on a competitive basis, to local educational agencies to carry out innovative model programs providing for the establishment, improvement, or expansion of Chinese language and cultural studies instruction for elementary school and secondary school students in the schools served by such local educational agencies. (2) Duration.--A grant under paragraph (1) shall be for a period of three years. (b) Requirements.--In awarding a grant under subsection (a) to a local educational agency, the Secretary shall support programs that-- (1) demonstrate approaches that can be disseminated and duplicated in other local educational agencies; and (2) may include a professional development component. (c) Reservation.--The Secretary may reserve not more than .05 percent of funds appropriated under subsection (e) to evaluate the effectiveness of the programs funded under this section. (d) Applications.-- (1) In general.--A local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Special consideration.--In awarding grants under this section, the Secretary shall give special consideration to applications describing programs that-- (A) include intensive summer Chinese language instruction programs for professional development, with particular regard to such programs that include physical exchanges; (B) link speakers in the community who are bilingual in English and Chinese with elementary and secondary schools in order to promote two-way language learning; (C) promote the sequential study of Chinese language for students, beginning in elementary school; (D) make effective use of technology, such as computer-assisted instruction, language laboratories, or distance learning, to promote Chinese language study; (E) promote innovative activities, such as Chinese language immersion, partial Chinese language immersion, or content-based instruction; and (F) promote a comprehensive approach to learning Chinese, which includes programs on the history and culture of China. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary carry out this section $20,000,000 for fiscal year 2010, $25,000,000 for each of the fiscal years 2011 through 2014, and such sums as are necessary for each succeeding fiscal year. (2) Availability of funds.--Amounts appropriated under this subsection are authorized to remain available until expended. SEC. 4. SCHOOL LANGUAGE TECHNOLOGY ENHANCEMENT. (a) Program Authorized.--From amounts appropriated under subsection (e) for a fiscal year, the Secretary shall award grants to local educational agencies in order for such agencies to acquire communications technologies or equipment to improve Chinese language instruction in elementary schools and secondary schools through computer-assisted instruction, distance learning, and virtual exchanges. (b) Application.--Each local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Priority.--In awarding grants under this section, the Secretary shall give priority to local educational agencies that commit to use the grant funds to acquire communications technologies or equipment for the purpose of conducting virtual exchanges involving elementary school students and secondary school students served by the local educational agencies. (d) Use of Funds.--A local educational agency receiving a grant under this section shall use the grant to acquire communications technologies or equipment that-- (1) may be used for collaborative ventures with-- (A) foreign language and area or international studies centers supported under section 602(a) of the Higher Education Act of 1965 (20 U.S.C. 1122(a)); or (B) national language resource and training centers supported under section 603 of the Higher Education Act of 1965 (20 U.S.C. 1123); and (2) shall be used to conduct virtual exchanges with schools or other educational institutions in the People's Republic of China. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of fiscal years 2010 through 2013, $10,000,000 for fiscal year 2014, and such sums as may be necessary for each succeeding fiscal year. (2) Availability of funds.--Amounts appropriated under this subsection are authorized to remain available until expended. SEC. 5. SENSE OF CONGRESS REGARDING BENEFIT OF EXPOSURE TO CHINESE LANGUAGE AND CULTURE. It is the sense of Congress that an increase in the number of students who receive substantial exposure to Chinese language and cultural studies before graduating from secondary school will enhance the global economic competitiveness of the United States in the 21st century.

U.S.-China Language Engagement Act - Directs the Secretary of Education to award competitive three-year grants to local educational agencies (LEAs) for innovative model programs establishing, improving, or expanding Chinese language and cultural studies instruction for their elementary school and secondary school students. Directs the Secretary to award grants to LEAs for use in acquiring communications technologies or equipment to improve Chinese language instruction in elementary schools and secondary schools through computer-assisted instruction, distance learning, and virtual exchanges with schools in China. Expresses the sense of Congress that increasing the number of students who receive substantial exposure to Chinese language and cultural studies before graduating from secondary school will enhance our global economic competitiveness in the 21st century.

To support programs that offer instruction in Chinese language and culture, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Veterans Mental Health Care Improvement Act''. SEC. 2. ADVANCE APPROPRIATIONS FOR ACCOUNTS FOR HEALTH-RELATED INFORMATION TECHNOLOGY FOR THE DEPARTMENT OF VETERANS AFFAIRS. (a) Advance Appropriations for Information Technology Accounts.-- Section 117(c) of title 38, United States Code, is amended by adding at the end the following: ``(4) Accounts, including subaccounts of the Accounts referred to in paragraphs (1) through (3), providing funds for information technology.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after that date. SEC. 3. INCLUSION OF MENTAL HEALTH PROFESSIONALS IN THE EDUCATION AND TRAINING PROGRAM FOR HEALTH PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--In carrying out the education and training program required under section 7302(a)(1) of title 38, United States Code, the Secretary of Veterans Affairs shall include education and training of marriage and family therapists and licensed professional mental health counselors. (b) Funding.--The Secretary shall apportion funding for the education and training program equally among the professions included in the program. SEC. 4. PROVISION OF MENTAL HEALTH SERVICES FOR FAMILIES OF CERTAIN VETERANS AT FACILITIES OF THE DEPARTMENT. (a) Provision of Mental Health Services at Department Facilities.-- Subsection (e) of section 304 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (38 U.S.C. 1712A note; Public Law 111-163) is amended-- (1) by striking ``Peer Outreach and Peer Support Services'' and inserting ``Services''; and (2) by striking ``The Secretary shall carry out the services'' and inserting ``The Secretary shall carry out-- ``(1) the services''; (3) by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(2) the mental health services required by subsection (a)(2) at or through Department medical centers.''. (b) Definition of Mental Health Services.--Such section is further amended by striking subsection (f) and inserting the following: ``(f) Definitions.--In this section: ``(1) Mental health services.--The term `mental health services' includes outpatient mental healthcare referred to in section 17.38(a)(1)(i) of title 38, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act). ``(2) Vet center.--The term `vet center' means a center for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code.''. SEC. 5. REPORT ON PROVISION OF TELEMEDICINE SERVICES. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the following: (1) Issues that may be impeding the provision by the Department of Veterans Affairs of telemedicine services for veterans, including the following: (A) Statutory or regulatory restrictions. (B) Licensure or credentialing issues for any provider practicing telemedicine with veterans who live in a different State than the provider. (C) Limited broadband access in rural areas. (D) Limited information technology resources or capabilities. (E) Long distances veterans must travel to access a facility or clinic with telemedicine capabilities. (F) Insufficient liability protection for providers. (G) Reimbursement issues faced by providers. (H) Travel limitations for providers that are unaffiliated with the Department and are participating or seeking to participate in a telemedicine program of the Department. (2) Actions taken to address the issues identified in paragraph (1). (3) An update on efforts by the Department to carry out the initiative of teleconsultation for the provision of remote mental health and traumatic brain injury assessments required by section 1709A of title 38, United States Code. (4) An update on efforts by the Department to offer training opportunities in telemedicine to medical residents, as required by section 108(b) of the Janey Ensminger Act (Public Law 112-154; 38 U.S.C. 7406 note). (5) An update on efforts by the Department to, in partnership with primary care providers, install video cameras and instruments to monitor weight, blood pressure, and other vital statistics in the homes of patients. (b) Telemedicine Defined.--In this section, the term ``telemedicine'' means the use by a health care provider of telecommunications to assist in the diagnosis or treatment of a patient's medical condition.

Rural Veterans Mental Health Care Improvement Act - Amends appropriations authorities for veterans' benefits to provide advanced appropriations for information technology relating to medical services, support, compliance, and facilities of the Veterans Health Administration (VHA). Directs the Secretary of Veterans Affairs (VA) to include, as a component of VHA health-care personnel education and training programs, education and training of marriage and family therapists as well as licensed professional mental health counselors. Amends the Caregivers and Veterans Omnibus Health Services Act of 2010 to require the Secretary, through VA medical centers, to provide mental health services, including outpatient care, to the immediate families of certain veterans returning from Operation Enduring Freedom or Operation Iraqi Freedom. Requires the Secretary to report to Congress regarding telemedicine services (the use by a health care provider of telecommunications to assist in the diagnosis or treatment of a patient's medical condition) for veterans, including updates on VA teleconsultation and telemedicine initiatives, training, and partnerships with primary care providers.

Rural Veterans Mental Health Care Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Islands National Seashore Land Exchange Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the parcel of approximately 1.542 acres of land that is located within the Gulf Islands National Seashore in Jackson County, Mississippi, and identified as ``NPS Exchange Area'' on the Map. (2) Map.--The term ``Map'' means the map entitled ``Gulf Islands National Seashore, Proposed Land Exchange with VFW, Davis Bayou Area--Jackson County, MS'', numbered 635/133309, and dated June 2016. (3) Non-federal land.--The term ``non-Federal land'' means the parcel of approximately 2.161 acres of land that is located in Jackson County, Mississippi, and identified as ``VFW Exchange Area'' on the Map. (4) Post.--The term ``Post'' means the Veterans of Foreign Wars Post 5699. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 3. GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE. (a) In General.--The Secretary may convey to the Post all right, title, and interest of the United States in and to the Federal land in exchange for the conveyance by the Post to the Secretary of all right, title, and interest of the Post in and to the non-Federal land. (b) Equal Value Exchange.-- (1) In general.--The values of the Federal land and non-Federal land to be exchanged under this section shall be equal, as determined by an appraisal conducted-- (A) by a qualified and independent appraiser; and (B) in accordance with nationally recognized appraisal standards. (2) Equalization.--If the values of the Federal land and non- Federal land to be exchanged under this section are not equal, the values shall be equalized through-- (A) a cash payment; or (B) adjustments to the acreage of the Federal land or non- Federal land to be exchanged, as applicable. (c) Payment of Costs of Conveyance.-- (1) Payment required.--As a condition of the exchange authorized under this section, the Secretary shall require the Post to pay the costs to be incurred by the Secretary, or to reimburse the Secretary for the costs incurred by the Secretary, to carry out the exchange, including-- (A) survey costs; (B) any costs relating to environmental documentation; and (C) any other administrative costs relating to the land exchange. (2) Refund.--If the Secretary collects amounts from the Post under paragraph (1) before the Secretary incurs the actual costs and the amount collected by the Secretary exceeds the costs actually incurred by the Secretary to carry out the land exchange under this section, the Secretary shall provide to the Post a refund of the excess amount paid by the Post. (3) Treatment of certain amounts received.--Amounts received by the Secretary from the Post as reimbursement for costs incurred under paragraph (1) shall be-- (A) credited to the fund or account from which amounts were used to pay the costs incurred by the Secretary in carrying out the land exchange; (B) merged with amounts in the fund or account to which the amounts were credited under subparagraph (A); and (C) available for the same purposes as, and subject to the same conditions and limitations applicable to, amounts in the fund or account to which the amounts were credited under subparagraph (A). (d) Description of Federal Land and Non-Federal Land.--The exact acreage and legal description of the Federal land and non-Federal land to be exchanged under this section shall be determined by surveys that are determined to be satisfactory by the Secretary and the Post. (e) Conveyance Agreement.--The exchange of Federal land and non- Federal land under this section shall be-- (1) carried out through a quitclaim deed or other legal instrument; and (2) subject to such terms and conditions as are mutually satisfactory to the Secretary and the Post, including such additional terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States. (f) Valid Existing Rights.--The exchange of Federal land and non- Federal land authorized under this section shall be subject to valid existing rights. (g) Title Approval.--Title to the Federal land and non-Federal land to be exchanged under this section shall be in a form acceptable to the Secretary. (h) Treatment of Acquired Land.--Any non-Federal land and interests in non-Federal land acquired by the United States under this section shall be administered by the Secretary as part of the Gulf Islands National Seashore. (i) Modification of Boundary.--On completion of the exchange of Federal land and non-Federal land under this section, the Secretary shall modify the boundary of the Gulf Islands National Seashore to reflect the exchange of Federal land and non-Federal land. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. Gulf Islands National Seashore Land Exchange Act of 2017 (Sec. 2) This bill authorizes the National Park Service (NPS) to convey specified federal lands located within the Gulf Islands National Seashore in Jackson County, Mississippi, to the Veterans of Foreign Wars Post 5699 in exchange for certain land located in such county. The values of the parcels to be exchanged shall be determined by an independent appraiser in accordance with nationally recognized appraisal standards. If the values of such parcels are not equal, their values shall be equalized through a cash payment or adjustments to their acreage. The NPS shall require the Post to pay or reimburse the costs incurred by the NPS to carry out such exchange. The bill subjects the exchange to valid existing rights. Land acquired by the United States under this bill shall be administered as part of the Gulf Islands National Seashore.

Gulf Islands National Seashore Land Exchange Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Former Soviet Union Nuclear Threat Reduction Act of 1993''. SEC. 2. PROGRAM TO REDUCE NUCLEAR THREAT IN FORMER SOVIET UNION. (a) Establishment of Program.--The President shall establish a program to reduce the environmental and national security threats from nuclear facilities located in the former Soviet Union, specifically the threat from nuclear facilities located in Belarus, Kazakhstan, Russia, and Ukraine. (b) Conduct of Program.--In carrying out the program established under subsection (a), the President shall meet the following requirements: (1) Provision of assistance.--Subject to section 3, the President shall provide assistance to Belarus, Kazakhstan, Russia, and Ukraine to-- (A) accelerate the retirement of plutonium production and chemical separation facilities; (B) accelerate the closure of Chernobyl-type nuclear reactors; (C) establish alternative energy sources and promote energy conservation measures; (D) identify, assess, and set priorities for the cleanup of nuclear contaminated sites; (E) establish training and technology development programs for environmental restoration and waste management activities at nuclear contaminated sites; (F) deactivate and safely dispose of decommissioned nuclear-powered submarines; (G) store and dispose of spent fuel and other radioactive materials; and (H) strengthen nuclear materials accounting and security systems, and foster cooperative means of verifying reciprocal data exchanges covering past fissile material production and current inventories. (2) Establishment of technical working groups.--Not later than 180 days after the date of the enactment of this Act, the President shall establish with the appropriate independent states of the former Soviet Union and with other nations capable of producing nuclear weapons material bilateral or multilateral technical working groups in accordance with section 3151(c) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484). SEC. 3. CERTIFICATION REQUIREMENTS. The President may provide assistance under section 2(b)(1) to a country specified in such section only if the President certifies to the Congress that such country-- (1) has ratified the Treaty on the Reduction and Limitation of Strategic Offensive Arms (START I); (2) has acceded to the Treaty on the Non-Proliferation of Nuclear Weapons; (3) is eligible for assistance under section 1412(d) of the Former Soviet Union Demilitarization Act of 1992 (section 1412(d) of the National Defense Authorization Act for Fiscal Year 1993; 22 U.S.C. 5902(d)) and section 502 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 102-511; 22 U.S.C. 5852); and (4) will not use assistance under section 2(b)(1) to support the continued operation or enhancement of plants for chemical separation of plutonium from the fission products in spent nuclear fuel. SEC. 4. REPORTING REQUIREMENTS. (a) Prior Notice to Congress of Obligation of Funds.--The reporting requirements under section 1431 of the Former Soviet Union Demilitarization Act of 1992 (section 1431 of the National Defense Authorization Act for Fiscal Year 1993; 22 U.S.C. 5921) and section 3121(a)(2) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484) shall apply with respect to the obligation or use of funds for the program established under section 2(a). (b) Quarterly Reports on Programs.--Not later than 30 days after the last fiscal quarter of fiscal year 1993 and not later than 30 days after the end of each fiscal year quarter of fiscal year 1994, the President shall transmit to the Congress a report on the activities carried out under the program established under section 2(a) in accordance with section 1432 of the Former Soviet Union Demilitarization Act of 1992 (section 1432 of the National Defense Authorization Act for Fiscal Year 1993; 22 U.S.C. 5922). (c) Report on Nuclear Stockpile Information.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Congress a report containing a description of the specific actions that have been taken and are planned to be taken to comply with the condition described in subsection (a)(8) (concerning nuclear stockpile weapons arrangement) of the Senate resolution of ratification of START I (Treaty Doc. 102-20 and 102-32). SEC. 5. ADMINISTRATION. (a) Executive Agent.--The Office of Defense Programs or the Office of Intelligence and National Security of the Department of Energy shall serve as the executive agent for the program established under section 2(a) and shall carry out such program in coordination with other appropriate Federal agencies. (b) Coordination.--The President shall provide for the coordination of the program established under section 2(a) with other programs that provide assistance to the independent states of the former Soviet Union in accordance with the program coordination provisions of section 102 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 102-511; 22 U.S.C. 5812). SEC. 6. FUNDING. The President shall transfer to the appropriate accounts for national security programs of the Department of Energy from amounts appropriated to the Department of Energy for years prior to fiscal year 1993 for such programs such amounts as are available up to $500,000,000 to carry out section 2(a).

Former Soviet Union Nuclear Threat Reduction Act of 1993 - Directs the President to establish a program to reduce the environmental and national security threats from nuclear facilities in the former Soviet Union. Requires the President to establish multilateral technical working groups with the appropriate independent states of the former Soviet Union and other nations capable of producing nuclear weapons to examine monitoring and inspection arrangements that could be applied to verification. Authorizes the President to provide assistance under this Act only upon certification to the Congress that the country: (1) has ratified the Treaty on the Reduction and Limitation of Strategic Offensive Arms (START I); (2) has acceded to the Treaty on the Non-Proliferation of Nuclear Weapons; (3) is eligible for specified demilitarization and nonproliferation and disarmament assistance under other Acts; and (4) will not use assistance to support the continued operation or enhancement of plants for chemical separation of plutonium from fission products in spent nuclear fuel. Sets forth reporting requirements. Transfers funds from amounts appropriated to the Department of Energy for prior years for programs under this Act.

Former Soviet Union Nuclear Threat Reduction Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Apollo 11 Moon Landing 25th Anniversary Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) One Dollar Silver Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall issue not more than 500,000 one dollar coins each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) be composed of 90 percent silver and 10 percent copper. (2) Design.--The design of the dollar coins shall be emblematic of America's great achievement 25 years ago when humans first landed on the Moon. On each coin shall be a designation of the value of the coin, an inscription of the year ``1994'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Legal Tender.--The coins minted under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. SEC. 4. SELECTION OF DESIGN. The design for each coin authorized by this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF THE COINS. (a) Period for Issuance.--The coins minted under this Act may be issued by the Secretary beginning on July 20, 1994. (b) Termination of Authority.--Coins may not be minted under this Act after July 19, 1995. (c) Use of 1 Mint Facility.--Only 1 facility of the United States Mint may be used to strike any quality of coin. (d) Proof and Uncirculated Coins.--The coins minted under this Act shall be issued in uncirculated and proof qualities. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the Secretary shall sell the coins minted under this Act at a price equal to the face value, plus the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, and overhead expenses). (b) Bulk Sales.--The Secretary shall make any bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins minted under this Act prior to the issuance of such coins. Sale prices with respect to such prepaid orders shall be at a reasonable discount. (d) Surcharge.--All sales of coins minted under this Act shall include a surcharge of $10.00 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. The surcharges received by the Secretary from the sale of the coins issued under this Act shall be promptly paid by the Secretary to the Aerospace Education Alliance for the purpose of developing and implementing a program to enhance the math and science skills of America's teachers in grades kindergarten through grade 8, as part of the national strategy to improve mathematics and science education. SEC. 9. AUDITS. The Comptroller General shall have the right to examine such books, records, documents, and other data of the Aerospace Education Alliance as may be related to the expenditure of amounts paid under section 8. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Apollo 11 Moon Landing 25th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) issue coins emblematic of humans first landing on the moon 25 years ago; and (2) pay surcharges received from coin sales to the Aerospace Education Alliance to develop and implement a math and science skills program for America's teachers in grades kindergarten through eight.

Apollo 11 Moon Landing 25th Anniversary Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small and Disadvantaged Business Ombudsman Act''. SEC. 2. SBA SMALL AND DISADVANTAGED BUSINESS OMBUDSMAN FOR PROCUREMENT. Section 30 of the Small Business Act (15 U.S.C. 657) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``and''; (B) in paragraph (2), by striking the period and adding a semicolon; and (C) by adding at the end the following: ``(3) `SDB Ombudsman' means the Small and Disadvantaged Business Ombudsman for Procurement, designated under subsection (e); and ``(4) `Major Federal agency' means an agency of the United States Government that, in the previous fiscal year, entered into contracts with non-Federal entities to provide the agency with a total of not less than $200,000,000 in goods or services.''; and (2) by adding at the end the following: ``(e) SBA Small and Disadvantaged Business Ombudsman for Procurement.-- ``(1) Appointment.-- ``(A) In general.--Not later than 180 days after the date of enactment of the Small and Disadvantaged Business Ombudsman Act, the Administrator shall designate a Small and Disadvantaged Business Ombudsman for Procurement (referred to in this section as the `SDB Ombudsman'). ``(B) Qualifications.--The SDB Ombudsman shall be-- ``(i) highly qualified, with experience assisting small business concerns with Federal procurement; and ``(ii) designated from among employees of the Federal Government, to the extent practicable. ``(C) Line of authority.--The SDB Ombudsman shall report directly to the Administrator. ``(D) Senior executive service.--The SDB Ombudsman shall be paid at an annual rate not less than the minimum rate, nor more than the maximum rate, for the Senior Executive Service under chapter 53 of title 5, United States Code. ``(2) Duties.--The SDB Ombudsman shall-- ``(A) work with each Federal agency with procurement authority to ensure that small business concerns are treated fairly in the procurement process; ``(B) establish a procedure for receiving comments from small business concerns and personnel of the Office of Small and Disadvantaged Business Utilization of each Federal agency regarding the activities of agencies and prime contractors that are not small business concerns on Federal procurement contracts; and ``(C) establish a procedure for addressing the concerns received under subparagraph (B). ``(3) Annual report.-- ``(A) In general.--No later than 1 year after the date of enactment of this subsection, and annually thereafter, the SDB Ombudsman shall provide a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate. ``(B) Contents.--The report required under subparagraph (A) shall contain-- ``(i) information from the Federal Procurement Data System pertaining to contracting and subcontracting goals of the Federal Government and each Federal agency with procurement authority; ``(ii) a copy of the report submitted to the SDB Ombudsman by each major Federal agency and an evaluation of the goal attainment plans submitted to the SDB Ombudsman pursuant to paragraph (5); ``(iii) an evaluation of the success or failure of each major Federal agency in attaining its small business procurement goals, including a ranking by agency on the attainment of such goals; ``(iv) a summary of the efforts of each major Federal agency to promote contracting opportunities for small business concerns by-- ``(I) educating and training procurement officers on the importance of small business concerns to the economy and to Federal contracting; and ``(II) conducting outreach initiatives to promote prime and subcontracting opportunities for small business concerns; ``(v) an assessment of the knowledge of the procurement staff of each major Federal agency concerning programs that promote small business contracting; ``(vi) substantiated comments received from small business concerns and personnel of the Office of Small and Disadvantaged Business Utilization of each Federal agency regarding the treatment of small business concerns by Federal agencies on Federal procurement contracts; ``(vii) an analysis of the responsiveness of each Federal agency to small business concerns with respect to Federal contracting and subcontracting; ``(viii) an assessment of the compliance of each Federal agency with section 15(k) of the Small Business Act (15 U.S.C. 644(k); and ``(ix) a description of any discrimination faced by small business concerns based on their status as small business concerns or the gender or the social or economic status of their owners. ``(C) Notice and comment.-- ``(i) In general.--The SDB Ombudsman shall provide notice to each Federal agency identified in the report prepared under subparagraph (A) that such agency has 60 days to submit comments on the draft report to the SDB Ombudsman before the final report is submitted to Congress under subparagraph (A). ``(ii) Inclusion of outside comments.-- ``(I) In general.--The final report prepared under this paragraph shall contain a section in which Federal agencies are given an opportunity to respond to the report contents with which they disagree. ``(II) No response.--If no response is received during the 60-day comment period from a particular agency identified in the report, the final report under this paragraph shall indicate that the agency was afforded an opportunity to comment. ``(D) Confidentiality.--In preparing the report under this paragraph, the SDB Ombudsman shall keep confidential all information that may expose a small business concern or an employee of an Office of Small and Disadvantaged Business Utilization to possible retaliation from the agency or prime contractor identified by the small business concern, unless the small business concern or employee of the Office of Small and Disadvantaged Business Utilization consents in writing to the release of such information. ``(4) Interagency coordination.--Each Federal agency, through its Office of Small and Disadvantaged Business Utilization, shall assist the SDB Ombudsman to ensure compliance with-- ``(A) the Federal procurement goals established pursuant to section 15(g); ``(B) the procurement policy outlined in section 8(d), which states that small business concerns should be given the maximum practicable opportunity to participate in Federal contracts; ``(C) Federal prime contractors small business subcontracting plans negotiated under section 8(d)(4)(B); ``(D) the responsibilities outlined under section 15(k); and ``(E) any other provision of this Act. ``(5) Goal attainment plan.--If a major Federal agency fails to meet any small business procurement goal under this Act in any fiscal year, such agency shall submit a goal attainment plan to the SDB Ombudsman not later than 90 days after the end of the fiscal year in which the goal was not met, containing-- ``(A) a description of the circumstances that contributed to the failure of the agency to reach its small business procurement goals; and ``(B) a detailed plan for meeting the small business procurement goals in the fiscal year immediately following the fiscal year in which the goal was not met. ``(6) Effect on other offices.--Nothing in this section is intended to replace or diminish the activities of the Office of Small and Disadvantaged Business Utilization or any similar office in any Federal agency. ``(7) Administrative resources.--To enable the SDB Ombudsman to carry out the duties required by this subsection, the Administrator shall provide the SDB Ombudsman with sufficient-- ``(A) personnel; ``(B) office space; and ``(C) dedicated financial resources, which are specifically identified in the annual budget request of the Administration.''. SEC. 3. OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION. (a) Director.--Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended-- (1) in the first sentence, by inserting ``(except for the Administration)'' after ``Federal agency''; (2) by striking paragraph (2), and inserting the following: ``(2) be well qualified, with experience assisting small business concerns with Federal procurement, and receive basic pay at a rate not to exceed the rate of pay for grade 15 of the General Schedule, under section 5332 of title 5, United States Code;''; (3) by striking paragraph (3) and inserting the following: ``(3) be appointed by the head of such agency, be responsible to, and report only to, the head or deputy head of such agency for policy matters, personnel matters, budgetary matters, and all other matters;''; (4) in paragraph (9), by striking ``, and'' and inserting a semicolon; (5) in paragraph (10)-- (A) by striking ``or section 8(a) of this Act or section 2323 of title 10, United States Code. Such recommendations'' and inserting ``section 8(a), or section 2323 of title 10, United States Code, which recommendations''; and (B) by striking the period at the end and inserting a semicolon; and (6) by striking the undesignated matter after paragraph (10) and inserting the following: ``(11) not concurrently serve as the chief procurement officer for such agency; and ``(12) if the officer is employed by a major Federal agency (as defined in section 30)-- ``(A) have no other job duties beyond those described under this subsection; ``(B) receive basic pay at a rate equal to the rate of pay for grade 15 of the General Schedule, under section 5332 of title 5, United States Code; and ``(C) attend the meetings of the Office of Small and Disadvantaged Business Utilization Council.''. (b) Office of Small and Disadvantaged Business Utilization Council.-- (1) Establishment.--There is established an interagency council to be known as the ``Office of Small and Disadvantaged Business Utilization Council'' (in this subsection referred to as the ``Council''). (2) Membership.--The Council shall be composed of-- (A) the Director of Small and Disadvantaged Business Utilization from each Federal agency; (B) the Small and Disadvantaged Business Ombudsman for Procurement, as an ex officio member; and (C) other individuals, as ex officio members, as the Council considers necessary. (3) Leadership.-- (A) Chairperson.--The members of the Council shall elect a chairperson, who shall serve for a 1-year, renewable term. (B) Other positions.--The members of the Council may elect other leadership positions, as necessary, from among its members. (C) Voting.--Each member of the Council, except for ex officio members, shall have voting rights on the Council. (4) Meetings.-- (A) Frequency.--The Council shall meet not less frequently than once every 2 months. (B) Issues.--At the meetings under subparagraph (A), the Council shall discuss issues faced by each Office of Small and Disadvantaged Business Utilization, including-- (i) personnel matters; (ii) barriers to small business participation in Federal procurement; (iii) agency compliance with section 15(k) of the Small Business Act (15 U.S.C. 644(k)), as amended by this Act; and (iv) any other matter that the Council considers necessary to further the mission of each Office of Small and Disadvantaged Business Utilization. (5) Funding limitation.--The Small Business Administration shall not provide the Council with financial assistance to carry out the provisions of this section. SEC. 4. GOVERNMENTWIDE SMALL BUSINESS GOAL. Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended in the second sentence, by striking ``23 percent of the total value of all prime contract awards for each fiscal year.'' and inserting ``26 percent of the total value of all prime contract awards for fiscal year 2004, not less than 28 percent of the total value of all prime contract awards for fiscal year 2005, and not less than 30 percent of the total value of all prime contract awards for fiscal year 2006 and each fiscal year thereafter.''.

Small and Disadvantaged Business Ombudsman Act - Amends the Small Business Act to require the Administrator of the Small Business Administration to designate a Small and Disadvantaged Business Ombudsman for Procurement, who shall: (1) work with each Federal agency with procurement authority to ensure that small businesses are treated fairly in the procurement process; (2) establish a procedure for receiving comments from small businesses and personnel of the Office of Small and Disadvantaged Business Utilization (Office) of each Federal agency regarding the activities of agencies and prime contractors on Federal procurement contracts for small businesses; and (3) establish a procedure for addressing concerns received with respect to small businesses and Federal procurement contracting. Requires an annual report from the Ombudsman to the congressional small business committees evaluating such activities.Requires each Federal agency to assist the Ombudsman to ensure compliance with Federal procurement goals for small businesses, certain procurement policies, and Federal prime contractor small business subcontracting plans. Requires a Federal agency to submit a goal attainment plan upon failure to meet small business procurement goals.Requires each Office director to: (1) have experience assisting small businesses with Federal procurement; (2) not currently serve as the chief procurement officer of such agency; (3) have no other duties; and (4) attend meetings of the Office of Small and Disadvantaged Business Utilization Council. Establishes such Council.Increases, from the current 23 percent to up to 30 percent for FY 2006 and thereafter, the Federal small business procurement goal.

To provide for a Small and Disadvantaged Business Ombudsman for Procurement in the Small Business Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Start Saving Sooner Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Studies indicate that children as young as 3 years old are able to grasp financial concepts and that basic financial habits are largely formulated by age 7. (2) Research shows that children born to low-income parents who are good financial savers are more likely to move up the economic ladder than children from low-income households that do not save. According to a 2011 study controlled for income and demographic factors, youth who own financial accounts are 7 times more likely to attend college. (3) If tax-advantaged retirement accounts such as Roth IRAs could be opened for children between the ages of zero and 18, these individuals are likely to acquire substantially more tax- free assets by retirement age than their peers. (4) Children who possess retirement accounts from a young age will benefit from longer exposure to compound interest and can be expected to attain higher levels of financial literacy, college graduation and retirement security in adulthood. (5) Greater private retirement savings for Americans of all ages will increase personal financial security and responsibility, reducing the likelihood that seniors will need to rely solely on Social Security for their retirement income. (6) Federal policy should better enable parents, guardians and families of all income levels to encourage youth saving and investment for retirement at an earlier age. (7) Federal policy should help create retirement savings incentives for low-income Americans because studies show that low-income Americans will save more for retirement if there are incentives and structures in place to help them do so. A refundable incentive like the Saver's Credit would reach 50 million low-income households--nearly 10 times the number a non-refundable credit reaches. SEC. 3. YOUNG SAVERS ACCOUNT. (a) Establishment of Accounts.-- (1) In general.--Section 408A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Young Savers Account.-- ``(1) In general.--Except as provided in this subsection, a young savers account shall be treated in the same manner as a Roth IRA. ``(2) Young savers account.--For purposes of this subsection, the term `young savers account' means, with respect to any taxable year, a Roth IRA which is maintained on behalf of an individual who has not attained age 18 before the close of the taxable year and which is designated (in such manner as the Secretary may prescribe) at the time of establishment as a young savers account. ``(3) Contribution limits.--In the case of any contributions for any taxable year to 1 or more young savers accounts maintained on behalf of an individual, each of the following contribution limits for the taxable year shall be increased as follows: ``(A) The contribution limit applicable to the individual under subsection (c)(2) shall be increased by the aggregate amount of qualified young saver contributions to such accounts for the taxable year. ``(B) The contribution limits applicable to the young savers accounts under subsection (a)(1) or (b)(2)(B) of section 408, whichever is applicable, shall be increased by the deductible amount in effect under section 219(b)(5) for such taxable year (determined without regard to subparagraph (B) thereof). ``(4) Qualified young saver contributions.--For purposes of this subsection-- ``(A) In general.--The term `qualified young saver contribution' means a contribution by an individual (with respect to whom a young savers account is not maintained during the taxable year) to a young savers account maintained on behalf of another individual. ``(B) Limitations.-- ``(i) Limit on accounts with respect to individual.--The aggregate amount of contributions which may be made for any taxable year to all young savers accounts maintained on behalf of an individual shall not exceed the deductible amount in effect for the taxable year under section 219(b)(5) (determined without regard to subparagraph (B) thereof). ``(ii) Limit on contributors.--The aggregate amount of qualified young saver contributions an individual may make for any taxable year to all young savers accounts shall not exceed the deductible amount in effect for the taxable year under section 219(b)(5) (determined without regard to subparagraph (B) thereof), reduced by any contributions made by or on behalf of the individual to any Roth IRA maintained on behalf of the individual.''. (b) Eligible for Savers Credit.--Paragraph (1) of section 25B(d) of such Code is amended by striking ``and'' at the end of subparagraph (B)(ii), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) the amount of any contribution to a young savers account.''. (c) Refund Payable to Young Savers Account.-- (1) In general.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. YOUNG SAVERS ACCOUNT REFUND PAYMENT. ``In the case of any overpayment (or portion thereof) which is attributable to a credit allowed to an individual under section 25B by reason of a contribution to a young savers account, the Secretary shall pay the amount of such overpayment (or such portion) into the young savers account to which such contribution was made. 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 subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6433. Young savers account refund payment.''. (d) Young Savers Account Information Included With Application for Social Security Card.--The Commissioner of Social Security, in consultation with the Secretary of the Treasury, shall include with materials relating to the application for a social security card information describing young savers accounts (as defined in section 408A(g)(2) of the Internal Revenue Code of 1986) and related tax benefits. (e) Account Funds Disregarded for Purposes of All Means Tested Federal Programs.--Notwithstanding any other provision of Federal law, assets accumulated in young savers accounts (within the meaning of section 408A(g) of the Internal Revenue Code of 1986) shall not be taken into account in determining any individual's or household's financial eligibility for, or amount of, any benefit or service, paid for in whole or in part with Federal funds, including student financial aid. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Start Saving Sooner Act of 2015 Amends the Internal Revenue Code to establish a tax-exempt individual retirement account for taxpayers under age 18, to be known as a young savers account. Treats such accounts as Roth individual retirement accounts for income tax purposes. Allows the tax credit for retirement savings for contributions to a young savers account. Directs the Secretary of the Treasury to pay any overpayment of tax that is attributable to the tax credit for retirement savings to the taxpayer's young savers account.

Start Saving Sooner Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Insurance Consumer Right-to-Know Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Long-term care insurance policy.--The term ``long-term care insurance policy'' means-- (A) a qualified long-term care insurance contract (as defined in section 7702B(b) of the Internal Revenue Code of 1986); and (B) a qualified long-term care insurance contract that covers an insured who is a resident of a State with a qualified State long-term care insurance partnership under clause (iii) of section 1917(b)(1)(C) of the Social Security Act (42 U.S.C. 1396p(b)(1)(C)) or a long-term care insurance policy offered in connection with a State plan amendment described in clause (iv) of such section. (2) Model act and regulation.--The term ``model Act and regulation'' means the long-term care insurance model regulation, and the long-term care insurance model Act, respectively, promulgated by the National Association of Insurance Commissioners (as adopted as of October 2000 and as of December 2006). (3) NAIC.--The term ``NAIC'' means the National Association of Insurance Commissioners. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. SEC. 3. NAIC STUDY AND REPORT ON STATE DISCLOSURE REQUIREMENTS FOR LONG-TERM CARE INSURANCE. (a) In General.--The Secretary shall request the NAIC to carry out the activities described in subsection (b) and issue the report described in subsection (c). (b) Review and Development of Proposed Model Disclosure Requirements.--The activities described in this subsection are the following: (1) Model act and regulation disclosure requirements.-- Review and describe disclosure requirements for long-term care insurance policies under the Model Act and regulation. (2) State law disclosure requirements.--Review and describe disclosure requirements for long-term care insurance policies under State laws. (3) Long-term care services.--Review and describe differences in long-term care services, including with respect to providers of such services and the settings in which such services are provided among States and develop a standardized definition for long-term care services. (4) Identification of key issues for development of model disclosure marketing form.--Identify and describe key issues to consider in the development of a proposed model form for marketing long-term care insurance policies. (c) Report.--The report described in this subsection is a NAIC White Paper that is issued not later than 12 months after the date of enactment of this Act and contains the results of the reviews conducted under subsection (a) and the descriptions required under that subsection. SEC. 4. NAIC WORKING GROUP TO DEVELOP MODEL DISCLOSURE FORM FOR LONG- TERM CARE INSURANCE. (a) In General.--The Secretary shall request the NAIC to establish, not later than 60 days after the date on which the NAIC White Paper described in section 3(c) is issued and in consultation with the Secretary and the Secretary of the Treasury, a Working Group to develop a model disclosure form for marketing long-term care insurance policies. (b) Working Group Members.--The Working Group established under subsection (a) shall be composed of the following: (1) Representatives from State Departments of Health (or the most appropriate State agencies with responsibility for oversight of the provision of long-term care). (2) Representatives of long-term care providers and facilities. (3) Consumer advocates. (4) Representatives of issuers of long-term care insurance policies. (5) Representatives of the NAIC or State insurance commissioners. (6) Other experts in long-term care and long-term care insurance policies selected by the Secretary and Secretary of the Treasury or the NAIC. (c) Requirements for Development of Form.-- (1) Considerations.--In developing the model form, the Working Group shall consider the following: (A) Variations among providers, services, and facilities in the long-term care and long-term care insurance markets. (B) The results of the reviews and the descriptions included in the NAIC White Paper issued under section 3(c). (C) Such other information and factors as the Working Group determines appropriate. (2) Standardizations.--The Working Group shall ensure that the model has-- (A) minimum standard definitions for coverage of the various types of services and benefits provided under long-term care insurance policies; (B) minimum standard language for use by issuers of such policies, and for agents selling such policies, in explaining the services and benefits covered under the policies and restrictions on the services and benefits; (C) minimum standard format, color and type size for disclosure documents; and (D) such other minimum standards as the Working Group determines appropriate. (d) Deadline for Development.--The Working Group shall issue a proposed model disclosure form for marketing long-term care insurance policies not later than 1 year after the date on which the Working Group is established. (e) Adoption and Incorporation Into Model Act and Regulation.--The Secretary shall request the NAIC to amend the Model Act and regulation to require the use of the proposed model disclosure form issued by the Working Group, not later than 1 year after the date on which the Working Group issues the form. SEC. 5. REQUIRED USE OF MODEL DISCLOSURE FORM IN MARKETING LONG-TERM CARE INSURANCE POLICIES. (a) Application to Tax-qualified and Medicaid Partnership Policies.--Not later than 1 year after the date on which the Working Group issues the proposed model disclosure form for marketing long-term care insurance policies under section 4: (1) Tax-qualified policies.--The Secretary of the Treasury shall promulgate a regulation requiring, not later than 1 year after the date on which the regulation is final, any issuer of a qualified long-term care insurance contract (as defined in section 7702B(b) of the Internal Revenue Code of 1986) to use the proposed model disclosure form for marketing such contracts. (2) Medicaid partnership policies.--The Secretary shall promulgate a regulation requiring, not later than 1 year after the date on which the regulation is final, any issuer of a qualified long-term care insurance contract that covers an insured who is a resident of a State with a qualified State long-term care insurance partnership under clause (iii) of section 1917(b)(1)(C) of the Social Security Act (42 U.S.C. 1396p(b)(1)(C)) or a long-term care insurance policy offered in connection with a State plan amendment described in clause (iv) of such section to use the proposed model disclosure form for marketing such contracts. (b) Application to All Other Long-term Care Insurance Policies.-- Not later than 18 months, or the earliest date on which an amendment could be enacted for those States with legislatures which meet only every other year, after the date on which the NAIC adopts an amended Model Act and regulation to require the use of the proposed model disclosure form issued by the Working Group under section 4, each State shall require by statute or regulation any issuer of a long-term care insurance policy to use the proposed model disclosure form when marketing such a policy in the State.

Long-Term Care Insurance Consumer Right-to-Know Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to request the National Association of Insurance Commissioners (NAIC) to issue a white paper with its results from the following activities: (1) review and describe disclosure requirements for long-term care insurance policies under the long-term care insurance model regulation and model act promulgated by NAIC (as adopted as of October 2000 and December 2006), (2) review and describe disclosure requirements for long-term care insurance policies under state laws, (3) review and describe differences in long-term care services among states and develop a standardized definition of long-term care services, and (4) identify and describe key issues to consider in the development of a proposed model form for marketing long-term care insurance policies. Directs the Secretary to request NAIC to: (1) establish a Working Group to develop and issue a model disclosure form for marketing long-term care insurance policies, and (2) amend the model regulation and model act to require the use of such form. Requires the Secretaries of the Treasury and HHS to promulgate regulations requiring issuers of a qualified long-term care insurance contract under certain tax-qualified or Medicaid Partnership policies to use the model form for marketing such contracts. Directs each state to require any issuer of a long-term care insurance policy to use the model form for marketing a policy.

A bill to develop a model disclosure form to assist consumers in purchasing long-term care insurance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminate Warehousing of Consumer Internet Data Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) As the Nation's communications networks continue to grow and become ever more sophisticated, more individuals and industries will be using such networks to communicate and conduct commercial transactions. (2) The ease of gathering and compiling personal information during such communications, both overtly and surreptitiously, is becoming increasingly efficient and almost effortless due to advances in digital telecommunications technology and the widespread use of the Internet. (3) Consumers have an ownership interest in their personal information. (4) Information gathered about consumers over the Internet can provide detail about some of the most intimate aspects of an individual's life, including their Internet interests, communications with other citizens, purchases, information inquiries, and political or religious interests, affiliations, or speech. (5) Certain information about Internet searches or website visits conducted from a particular computer can be obtained and stored by websites or search engines, and can be traced back to individual computer users. (6) Fair information practices include providing consumers with knowledge of any data collection, conspicuous consumer notice of an entity's data practices, consumer choice to provide consent or deny authorization for such practices, access to data collected, safeguards to ensure data integrity, and contact information. (7) In order to safeguard consumer privacy interests, companies that gather personal information that can identify individual consumers should cease to store such information after it is no longer necessary to render service to such consumers or to conduct any legitimate business practice. (8) Cable operators, who can gather personal information about a subscriber's use of the cable system and obtain information about a consumer's video programming choices and use of their cable modem are currently required under section 631 of the Communications Act of 1934 (47 U.S.C. 551) to destroy any personal information gathered from a subscriber after it is no longer necessary for the purpose for which it was gathered and if there are no other pending legal requests for such information. (9) A similar obligation should govern information gathered about consumers by Internet websites, which often possess information about computer users which is more detailed, and arguably more personalized, than information cable operators typically gather. SEC. 3. DESTRUCTION OF DATA WITH PERSONAL INFORMATION BY INTERNET WEBSITES. An owner of an Internet website shall destroy, within a reasonable period of time, any data containing personal information if the information is no longer necessary for the purpose for which it was collected or any other legitimate business purpose, or there are no pending requests or orders for access to such information pursuant to a court order. SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. A violation of section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. SEC. 5. DEFINITIONS. As used in this Act the following definitions apply: (1) 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. (2) The term ``personal information''-- (A) means information that allows a living person to be identified individually, including the following: the first and last name of an individual, a home or physical address of an individual, date or place of birth, an email address, a telephone number, a Social Security number, a tax identification number, birth certificate number, passport number, driver's license number, credit card number, bank card number, or any government-issued identification number; and (B) does not include any record of aggregate data that does not permit the identification of particular persons. (3) The term ``web page'' means a location that has a single Uniform Resource Locator or another single location with respect to the Internet, as the Federal Trade Commission may prescribe. (4) The term ``Internet website'' means a collection of web pages that are presented and made available by means of the Internet as a single website (or a single web page so presented and made available), which web pages have any of the following characteristics: (A) A common domain name. (B) Common ownership, management, or registration.

Eliminate Warehousing of Consumer Internet Data Act of 2006 - Requires an owner of an Internet website to destroy, within a reasonable time frame, any data containing personal information if the information: (1) is no longer necessary for the purpose for which it was collected or any other legitimate business purpose; or (2) there are no pending requests or orders for access to such information pursuant to a court order. Treats a violation of this Act as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. Requires the Federal Trade Commission (FTC) to enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made part of this Act.

To require owners of Internet websites to destroy obsolete data containing personal information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``OLC Reporting Act of 2008''. SEC. 2. REPORTING. Section 530D of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (B), by striking ``or'' at the end; (ii) by redesignating subparagraph (C) as subparagraph (D); and (iii) by inserting after subparagraph (B) the following: ``(C) except as provided in paragraph (3), issues an authoritative legal interpretation (including an interpretation under section 511, 512, or 513 by the Attorney General or by an officer, employee, or agency of the Department of Justice pursuant to a delegation of authority under section 510) of any provision of any Federal statute-- ``(i) that concludes that the provision is unconstitutional or would be unconstitutional in a particular application; ``(ii) that relies for the conclusion of the authoritative legal interpretation, in whole or in the alternative, on a determination that an interpretation of the provision other than the authoritative legal interpretation would raise constitutional concerns under article II of the Constitution of the United States or separation of powers principles; ``(iii) that relies for the conclusion of the authoritative legal interpretation, in whole or in the alternative, on a legal presumption against applying the provision, whether during a war or otherwise, to-- ``(I) any department or agency established in the executive branch of the Federal Government, including the Executive Office of the President and the military departments (as defined in section 101(8) of title 10); or ``(II) any officer, employee, or member of any department or agency established in the executive branch of the Federal Government, including the President and any member of the Armed Forces; or ``(iv) that concludes the provision has been superseded or deprived of effect in whole or in part by a subsequently enacted statute where there is no express statutory language stating an intent to supersede the prior provision or deprive it of effect; or''; (B) in paragraph (2), by striking ``For the purposes'' and all that follows through ``if the report'' and inserting ``Except as provided in paragraph (4), a report shall be considered to be submitted to the Congress for the purposes of paragraph (1) if the report''; and (C) by adding at the end the following: ``(3) Direction regarding interpretation.--The submission of a report to Congress based on the issuance of an authoritative legal interpretation described in paragraph (1)(C) shall be discretionary on the part of the Attorney General or an officer described in subsection (e) if-- ``(A) the President or other responsible officer of a department or agency established in the executive branch of the Federal Government, including the Executive Office of the President and the military departments (as defined in section 101(8) of title 10), expressly directs that no action be taken or withheld or policy implemented or stayed on the basis of the authoritative legal interpretation; and ``(B) the directive described in subparagraph (A) is in effect. ``(4) Classified information.-- ``(A) Submission of report containing classified information regarding intelligence activities.--Except as provided in subparagraph (B), if the Attorney General submits a report relating to an instance described in paragraph (1) that includes a classified annex containing information relating to intelligence activities, the report shall be considered to be submitted to the Congress for the purposes of paragraph (1) if-- ``(i) the unclassified portion of the report is submitted to each officer specified in paragraph (2); and ``(ii) the classified annex is submitted to the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives. ``(B) Submission of report containing certain classified information about covert actions.-- ``(i) In general.--In a circumstance described in clause (ii), a report described in that clause shall be considered to be submitted to the Congress for the purposes of paragraph (1) if-- ``(I) the unclassified portion of the report is submitted to each officer specified in paragraph (2); and ``(II) the classified annex is submitted to-- ``(aa) the chairman and ranking minority member of the Select Committee on Intelligence of the Senate; ``(bb) the chairman and ranking minority member of the Committee on the Judiciary of the Senate; ``(cc) the chairman and ranking minority member of the Permanent Select Committee on Intelligence of the House of Representatives; ``(dd) the chairman and ranking minority member of the Committee on the Judiciary of the House of Representatives; ``(ee) the Speaker and minority leader of the House of Representatives; and ``(ff) the majority leader and minority leader of the Senate. ``(ii) Circumstances.--A circumstance described in this clause is a circumstance in which-- ``(I) the Attorney General submits a report relating to an instance described in paragraph (1) that includes a classified annex containing information relating to a Presidential finding described in section 503(a) of the National Security Act of 1947 (50 U.S.C. 413b(a)); and ``(II) the President determines that it is essential to limit access to the information described in subclause (I) to meet extraordinary circumstances affecting vital interests of the United States.''; (2) in subsection (b)-- (A) in paragraph (2), by striking ``and'' at the end; (B) by redesignating paragraph (3) as paragraph (4); (C) by inserting after paragraph (2) the following: ``(3) under subsection (a)(1)(C)-- ``(A) not later than 30 days after the date on which the Attorney General, the Office of Legal Counsel, or any other officer of the Department of Justice issues the authoritative legal interpretation of the Federal statutory provision; or ``(B) if the President or other responsible officer of a department or agency established in the executive branch of the Federal Government, including the Executive Office of the President and the military departments (as defined in section 101(8) of title 10), issues a directive described in subsection (a)(3) and the directive is subsequently rescinded, not later than 30 days after the date on which the President or other responsible officer rescinds that directive; and''; and (D) in paragraph (4), as so redesignated, by striking ``subsection (a)(1)(C)'' and inserting ``subsection (a)(1)(D)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``or of each approval described in subsection (a)(1)(C)'' and inserting ``of the issuance of the authoritative legal interpretation described in subsection (a)(1)(C), or of each approval described in subsection (a)(1)(D)''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (C) by inserting after paragraph (1) the following: ``(2) with respect to a report required under subparagraph (A), (B), or (C) of subsection (a)(1), specify the Federal statute, rule, regulation, program, policy, or other law at issue, and the paragraph and clause of subsection (a)(1) that describes the action of the Attorney General or other officer of the Department of Justice;''; (D) in paragraph (3), as so redesignated-- (i) by striking ``reasons for the policy or determination'' and inserting ``reasons for the policy, authoritative legal interpretation, or determination''; (ii) by inserting ``issuing such authoritative legal interpretation,'' after ``or implementing such policy,''; (iii) by striking ``except that'' and inserting ``provided that''; (iv) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (v) by inserting before subparagraph (B), as so redesignated, the following: ``(A) any classified information shall be provided in a classified annex, which shall be handled in accordance with the security procedures established under section 501(d) of the National Security Act of 1947 (50 U.S.C. 413(d));''; (vi) in subparagraph (B), as so redesignated-- (I) by inserting ``except for information described in paragraph (1) or (2),'' before ``such details may be omitted''; (II) by striking ``national- security- or classified information, of any''; and (III) by striking ``or other law'' and inserting ``or other statute''; (vii) in subparagraph (C), as so redesignated-- (I) by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; (II) by inserting before clause (ii), as so redesignated, the following: ``(i) in the case of an authoritative legal interpretation described in subsection (a)(1)(C), if a copy of the Office of Legal Counsel or other legal opinion setting forth the authoritative legal interpretation is provided;''; (III) in clause (ii), as so redesignated, by striking ``subsection (a)(1)(C)(i)'' and inserting ``subsection (a)(1)(D)(i)''; and (IV) in clause (iii), as so redesignated, by striking ``subsection (a)(1)(C)(ii)'' and inserting ``subsection (a)(1)(D)(ii)''; and (E) in paragraph (4), as so redesignated, by striking ``subsection (a)(1)(C)(i)'' and inserting ``subsection (a)(1)(D)(i)''; and (4) in subsection (e)-- (A) by striking ``(but only with respect to the promulgation of any unclassified Executive order or similar memorandum or order)''; and (B) by inserting ``issues an authoritative interpretation described in subsection (a)(1)(C),'' after ``policy described in subsection (a)(1)(A),''.

OLC Reporting Act of 2008 - Amends the federal judicial code to require the Attorney General to report to Congress on any instance in which the Attorney General or any officer of the Department of Justice issues an authoritative legal interpretation of any provision of a federal statute that: (1) concludes that the provision is unconstitutional or would be unconstitutional in a particular application; (2) relies for its conclusion on a determination that any other interpretation would raise constitutional concerns under article II of the Constitution or separation of powers principles; (3) relies for its conclusion on a legal presumption against applying the provision to the executive branch or any member thereof; or (4) concludes the provision has been superseded or deprived of effect by a subsequently enacted statute where there is no express statutory language stating an intent to do so. Provides for the protection of privileged and classified information contained in a report by the Attorney General on the enforcement of laws.

A bill to ensure that Congress is notified when the Department of Justice determines that the Executive Branch is not bound by a statute.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hudson River Valley Special Resource Study Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Study area.--The term ``study area''-- (A) means the portion of the Hudson River that flows from Rodgers Island at Fort Edward to the southern-most boundary of Westchester County, New York; and (B) includes any relevant sites and landscapes within the counties in New York that abut the area described in subparagraph (A). SEC. 3. FINDINGS. Congress finds as follows: (1) The Hudson River Valley possesses important and unique cultural, historical, natural, recreational and scenic resources that have been central to the development and sustainment of our Nation. (2) The Hudson River Valley encompasses a rich array of sensitive natural resources ranging from the River itself and its vast estuarine district, to its wetlands, refuges, parks, forests, farmlands, preserves, cliffs, mountains, and valleys. (3) The Hudson River and its tributaries are home to a number of rare and threatened animal species, habitats, and plants. (4) The Hudson River Valley is home to myriad biking, heritage, pedestrian and scenic trail systems on the eastern and western sides of the River that are now connected by the Walkway Over the Hudson bridge, which has been designated as a National Recreation Trail. (5) Throughout history, the Hudson River Valley has played a central role in the development of our nation, starting from the vibrant Native American communities that first inhabited the land, to Henry Hudson's voyage up the river later named for him in the vessel Half Moon in 1609 and later with the American Revolution, the debate on our Constitution, the first successful steamboat voyage by Robert Fulton in 1807, the Industrial Revolution, and the modern labor and environmental movements. (6) The Hudson River Valley gave birth to important movements in American art, architecture and literature through the work of Andrew Jackson Downing, Alexander Jackson Davis, Thomas Cole, Frederick Church and their associates from the Hudson River School of Art, as well as through authors such as Washington Irving, James Fenimore Cooper, William Cullen Bryant, Susan and Anna Warner, and John Burroughs. (7) The depictions and descriptions of the Hudson River Valley's renowned scenery and natural resources played a central role in the recognition of the value of the landscape and the development of an American esthetic and environmental ideal. (8) A 1996 National Park Service study called the Hudson River Valley ``the landscape that defined America.''. (9) The Hudson River Valley has been the subject of multiple State and Federal inventories, studies, and plans that should greatly assist a National Park Service special resource study. SEC. 4. AUTHORIZATION OF STUDY. (a) In General.--As soon as funds are made available for this purpose, the Secretary shall complete a study of the Hudson River Valley in the State of New York to evaluate-- (1) the national significance of the area; and (2) the suitability and feasibility of designating the area as a unit of the National Park System. (b) Study Guidelines.--In conducting the study under subsection (a), the Secretary shall-- (1) use the criteria for the study of areas for potential inclusion in the National Park System included in section 8 of Public Law 91-383, as amended by section 303 of the National Parks Omnibus Management Act of 1998 (Public Law 105-391; 112 Stat. 3501); and (2) closely examine park unit models, in particular national river and recreation areas, as well as other landscape protection models, that-- (A) encompass large areas of non-Federal lands within their designated boundaries; (B) foster public and private collaborative arrangements for achieving National Park Service objectives; and (C) protect and respect the rights of private land owners. SEC. 5. REPORT. Not later than 24 months after the date that funds are first made available for this purpose, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the findings, conclusions, and recommendations of the study authorized by this Act.

Hudson River Valley Special Resource Study Act - Directs the Secretary of the Interior to complete a study of the Hudson River Valley in the state of New York to evaluate: (1) the national significance of the part of the Hudson River that flows from Rodgers Island at Fort Edward to the southern-most boundary of Westchester County, New York, including any relevant sites and landscapes within counties in New York that abut that part of the River (the study area); and (2) the suitability and feasibility of designating the study area as a unit of the National Park System.

A bill to direct the Secretary of the Interior to conduct a special resource study to evaluate resources in the Hudson River Valley in the State of New York to determine the suitability and feasibility of establishing the site as a unit of the National Park System, and for other purposes.

SECTION 1. CENTERS OF EXCELLENCE FOR RURAL HEALTH RESEARCH, EDUCATION, AND CLINICAL ACTIVITIES. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7330B. Centers of excellence for rural health research, education, and clinical activities ``(a) Establishment of Centers.--The Secretary, through the Director of the Office of Rural Health, shall establish and operate not less than one and not more than five centers of excellence for rural health research, education, and clinical activities, which shall-- ``(1) conduct research on the provision of health services in rural areas; ``(2) develop specific models to be used by the Department in furnishing health services to veterans in rural areas; ``(3) provide education and training for health care professionals of the Department on the furnishing of health services to veterans in rural areas; and ``(4) develop and implement innovative clinical activities and systems of care for the Department for the furnishing of health services to veterans in rural areas. ``(b) Geographic Dispersion.--The Secretary shall ensure that the centers established under this section are located at health care facilities that are geographically dispersed throughout the United States. ``(c) Selection Criteria.--The Secretary may not designate a health care facility as a location for a center under this section unless-- ``(1) the peer review panel established under subsection (d) determines that the proposal submitted by such facility meets the highest competitive standards of scientific and clinical merit; and ``(2) the Secretary determines that such facility has, or may reasonably be anticipated to develop, the following: ``(A) An arrangement with an accredited medical school to provide residents with education and training in health services for veterans in rural areas. ``(B) The ability to attract the participation of scientists who are capable of ingenuity and creativity in health care research efforts. ``(C) A policymaking advisory committee, composed of appropriate health care and research representatives of the facility and of the affiliated school or schools, to advise the directors of such facility and such center on policy matters pertaining to the activities of such center during the period of the operation of such center. ``(D) The capability to conduct effectively evaluations of the activities of such center. ``(d) Panel To Evaluate Proposals.--(1) The Director of the Office of Rural Health shall establish a panel-- ``(A) to evaluate the scientific and clinical merit of proposals submitted to establish centers under this section; and ``(B) to provide advice to the Director regarding the implementation of this section. ``(2) The panel shall review each proposal received from the Secretary and shall submit its views on the relative scientific and clinical merit of each such proposal to the Secretary. ``(3) The panel established under paragraph (1) shall be comprised of experts in the fields of public health research, education, and clinical care. ``(4) Members of the panel shall serve as consultants to the Department for a period not to exceed two years. ``(5) The panel shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(e) Reports.--Not later than April 1 of each year, the Secretary shall submit to Congress a report on the centers established under this section. Such report shall include-- ``(1) the results of research conducted under subsection (a)(1); ``(2) an evaluation of models related to furnishing health services to veterans in rural areas developed under subsection (a)(2); ``(3) an evaluation of the education and training provided under subsection (a)(3); and ``(4) an evaluation of clinical activities or systems of care related to furnishing health services to veterans in rural areas developed under subsection (a)(4). ``(f) Funding.--(1) There are authorized to be appropriated to the Medical Care Account and the Medical and Prosthetics Research Account of the Department of Veterans Affairs such sums as may be necessary for the support of the research and education activities of the centers operated under this section. ``(2) There shall be allocated to the centers operated under this section, from amounts authorized to be appropriated to the Medical Care Account and the Medical and Prosthetics Research Account by paragraph (1), such amounts as the Under Secretary of health considers appropriate for such centers. Such amounts shall be allocated through the Director of the Office of Rural Health. ``(3) Activities of clinical and scientific investigation at each center operated under this section-- ``(A) shall be eligible to compete for the award of funding from funds appropriated for the Medical and Prosthetics Research Account; and ``(B) shall receive priority in the award of funding from such account to the extent that funds are awarded to projects for research in the care of rural veterans.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330A the following new item: ``7330B. Centers of excellence for rural health research, education, and clinical activities.''.

Directs the Secretary of Veterans Affairs (VA) to establish and operate at least one, and up to five, centers of excellence for rural health research, education, and clinical activities. Requires the submission of annual reports on those centers.

To amend title 38, United States Code, to establish in the Department of Veterans Affairs centers of excellence for rural health research, education, and clinical activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescribe A Book Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit organization that has, as determined by the Secretary, demonstrated effectiveness in the following areas: (A) Providing peer-to-peer training to healthcare providers in research-based methods of literacy promotion as part of routine pediatric health supervision visits. (B) Delivering a training curriculum through a variety of medical education settings, including residency training, continuing medical education, and national pediatric conferences. (C) Providing technical assistance to local healthcare facilities to effectively implement a high- quality Pediatric Early Literacy Program. (D) Offering opportunities for local healthcare facilities to obtain books at significant discounts, as described in section 7. (E) Integrating the latest developmental and educational research into the training curriculum for healthcare providers described in subparagraph (B). (2) Pediatric early literacy program.--The term ``Pediatric Early Literacy Program'' means a program that-- (A) creates and implements a 3-part model through which-- (i) healthcare providers, doctors, and nurses, trained in research-based methods of early language and literacy promotion, encourage parents to read aloud to their young children, and offer developmentally appropriate recommendations and strategies to parents for the purpose of reading aloud to their children; (ii) healthcare providers, at health supervision visits, provide each child between the ages of 6 months and 5 years a new, developmentally appropriate children's book to take home and keep; and (iii) volunteers in waiting areas of healthcare facilities read aloud to children, modeling for parents the techniques and pleasures of sharing books together; (B) demonstrates, through research published in peer-reviewed journals, effectiveness in positively altering parent behavior regarding reading aloud to children, and improving expressive and receptive language in young children; and (C) receives the endorsement of nationally recognized medical associations and academies. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 3. PROGRAM AUTHORIZED. The Secretary is authorized to award grants to eligible entities under this Act to enable the eligible entities to implement Pediatric Early Literacy Programs. SEC. 4. APPLICATION. An eligible entity that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. SEC. 5. MATCHING REQUIREMENT. An eligible entity receiving a grant under this Act shall provide either directly or through private contributions, in cash or in-kind, non-Federal matching funds equal to not less than 50 percent of the grant received by the eligible entity under this Act. SEC. 6. USE OF GRANT FUNDS. (a) In General.--An eligible entity receiving a grant under this Act shall-- (1) enter into contracts with private nonprofit organizations, or with public agencies, selected based on the criteria described in subsection (b), under which each contractor will agree to establish and operate a Pediatric Early Literacy Program; (2) provide such training and technical assistance to each contractor of the eligible entity as may be necessary to carry out this Act; and (3) include such other terms and conditions in an agreement with a contractor as the Secretary determines to be appropriate to ensure the effectiveness of such programs. (b) Contractor Criteria.--Contractors shall be selected under subsection (a)(1) on the basis of the extent to which the contractors give priority to serving a substantial number or percentage of at-risk children, including-- (1) low-income children (defined in this section as children from families with incomes below 200 percent of the poverty line), particularly low-income children in high-poverty areas; (2) children without adequate medical insurance; (3) children enrolled in a State Medicaid program, established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or in the State Children's Health Insurance Program established under title XXI of such Act (42 U.S.C. 1397aa et seq.); (4) children living in rural areas; (5) migrant children; and (6) children with limited access to libraries. SEC. 7. RESTRICTION ON PAYMENTS. The Secretary shall make no payment to eligible entities under this Act unless the Secretary determines that the eligible entity or a contractor of the eligible entity, as the case may be, has made arrangements with book publishers or distributors to obtain books at discounts that are at least as favorable as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in the absence of Federal assistance. SEC. 8. REPORTING REQUIREMENT. An eligible entity receiving a grant under this Act shall report annually to the Secretary on the effectiveness of the program implemented by the eligible entity and the programs instituted by each contractor of the eligible entity, and shall include in the report a description of each program. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $15,000,000 for fiscal year 2010; (2) $16,000,000 for fiscal year 2011; (3) $17,000,000 for fiscal year 2012; (4) $18,000,000 for fiscal year 2013; and (5) $19,000,000 for fiscal year 2014.

Prescribe A Book Act - Creates a Pediatric Early Literacy program under which the Secretary of Education awards matching grants to nonprofit organizations for the implementation of three-part models through which: (1) health care providers encourage parents to read aloud to their children and offer them recommendations and strategies for doing so; (2) health care providers give each visiting child between the ages of six months and five-years a new, developmentally appropriate children's book to take home and keep; and (3) volunteers reading to children in health care facility waiting areas show parents the techniques and pleasures of reading aloud to children. Requires that the books provided to children under the program be obtained at a discount.

To aid and support pediatric involvement in reading and education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Radio Free Asia Act of 1997''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The Government of the People's Republic of China systematically controls the flow of information to the Chinese people. (2) The Government of the People's Republic of China demonstrated that maintaining its monopoly on political power is a higher priority than economic development by announcing in January 1996 that its official news agency Xinhua, will supervise wire services selling economic information, including Dow Jones-Telerate, Bloomberg, and Reuters Business, and in announcing in February of 1996 the ``Interim Internet Management Rules'', which have the effect of censoring computer networks. (3) Under the May 30, 1997, order of Premier Li Peng, all organizations that engage in business activities related to international computer networking must now apply for a license, increasing still further government control over access to the internet. (4) Both Radio Free Asia and the Voice of America, as a surrogate for a free press in the People's Republic of China, provide an invaluable source of uncensored information to the Chinese people, including objective and authoritative news of in-country and regional events, as well as accurate news about the United States and its policies. (5) Radio Free Asia currently broadcasts only 5 hours a day in the Mandarin dialect and 2 hours a day in Tibetan. (6) Voice of America currently broadcasts only 10 hours a day in Mandarin and 3\1/2\ hours a day in Tibetan. (7) Radio Free Asia and Voice of America should develop 24- hour-a-day service in Mandarin, Cantonese, and Tibetan, as well as further broadcasting capability in the dialects spoken in Xinjiang and other regions of the People's Republic of China. (8) Radio Free Asia and Voice of America, in working toward continuously broadcasting the People's Republic of China in multiple languages, have the capability to immediately establish 24-hour-a-day Mandarin broadcasting to that nation by staggering the hours of Radio Free Asia and Voice of America. (9) Simultaneous broadcasting on Voice of America radio and Worldnet television 7 days a week in Mandarin are also important and needed capabilities. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING FOR RADIO FREE ASIA AND VOICE OF AMERICA BROADCASTING TO CHINA. (a) Authorization of Appropriations for Radio Free Asia.-- (1) Authorization of appropriations.--There are authorized to be appropriated for ``Radio Free Asia'' $30,000,000 for fiscal year 1998 and $22,000,000 for fiscal year 1999. (2) Limitations.-- (A)(i) Of the funds under paragraph (1) authorized to be appropriated for fiscal year 1998, $8,000,000 is authorized to be appropriated for one-time capital costs. (ii) Of the funds under clause (i), $900,000 is authorized to be appropriated for additional advanced editing equipment. (B) Of the funds under paragraph (1), $1,200,000 is authorized to be appropriated for each such fiscal year for additional personnel to staff Cantonese language broadcasting. (b) Authorization of Appropriations for International Broadcasting to China.--In addition to such sums as are otherwise authorized to be appropriated for ``International Broadcasting Activities'' for fiscal years 1998 and 1999, there are authorized to be appropriated for ``International Broadcasting Activities'' $10,000,000 for fiscal year 1998 and $7,000,000 for fiscal year 1999, which shall be available only for enhanced Voice of America broadcasting to China. (c) Authorization of Appropriations for Radio Construction.-- (1) Authorization of appropriations.--In addition to such sums as are otherwise authorized to be appropriated for ``Radio Construction'' for fiscal years 1998 and 1999, there are authorized to be appropriated for ``Radio Construction'' $10,000,000 for fiscal year 1998 and $3,000,000 for fiscal year 1999, which shall be available only for construction in support of enhanced broadcasting to China. (2) Limitation.--Of the funds under paragraph (1) authorized to be appropriated for fiscal year 1998, $3,000,000 is authorized to be appropriated to facilitate the timely augmentation of transmitters at Tinian, Marshall Islands. (d) Allocation.--Of the amounts authorized to be appropriated for ``International Broadcasting Activities'', the Director of the United States Information Agency and the Board of Broadcasting Governors shall seek to ensure that the amounts made available for broadcasting to nations whose people do not fully enjoy freedom of expression do not decline in proportion to the amounts made available for broadcasting to other nations. SEC. 4. REPORTING REQUIREMENT. Not later than 90 days after the date of enactment of this Act, in consultation with the Board of Broadcasting Governors, the President shall prepare and transmit to Congress a report on a plan to achieve continuous broadcasting of Radio Free Asia and Voice of America to the People's Republic of China in multiple major dialects and languages.

Radio Free Asia Act of 1997 - Authorizes appropriations for FY 1998 and 1999 for: (1) Radio Free Asia; (2) international broadcasting activities, with specified amounts available only for enhanced Voice of America broadcasting to China; and (3) radio construction, with specified amounts only for construction in support of enhanced broadcasting to China. Earmarks amounts for: (1) one-time capital costs; (2) additional advanced editing equipment; (3) additional personnel to staff Cantonese language broadcasting; and (4) augmentation of transmitters at Tinian, Marshall Islands. Directs the President to report to the Congress on a plan to achieve continuous broadcasting of Radio Free Asia and Voice of America to China in multiple major dialects and languages.

Radio Free Asia Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bosnia and Herzegovina Self-Defense Act of 1995''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) For the reasons stated in section 520 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), the Congress has found that continued application of an international arms embargo to the Government of Bosnia and Herzegovina contravenes that Government's inherent right of individual or collective self-defense under Article 51 of the United National Charter and therefore is inconsistent with international law. (2) The United States has not formally sought multilateral support for terminating the arms embargo against Bosnia and Herzegovina through a vote on a United Nations Security Council resolution since the enactment of section 1404 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103- 337). (3) The United Nations Security Council has not taken measures necessary to maintain international peace and security in Bosnia and Herzegovina since the aggression against that country began in April 1992. (4) The Contact Group, composed of representatives of the United States, Russia, France, Great Britain, and Germany, has since July 1994 maintained that in the event of continuing rejection by the Bosnian Serbs of the Contact Group's proposal for Bosnia and Herzegovina, a decision in the United Nations Security Council to lift the Bosnian arms embargo as a last resort would be unavoidable. SEC. 3. STATEMENT OF SUPPORT. The Congress supports the efforts of the Government of the Republic of Bosnia and Herzegovina-- (1) to defend its people and the territory of the Republic; (2) to preserve the sovereignty, independence, and territorial integrity of the Republic; and (3) to bring about a peaceful, just, fair, viable, and sustainable settlement of the conflict in Bosnia and Herzegovina. SEC. 4. TERMINATION OF ARMS EMBARGO. (a) Termination.--The President shall terminate the United States arms embargo of the Government of Bosnia and Herzegovina, as provided in subsection (b), following-- (1) receipt by the United States Government of a request from the Government of Bosnia and Herzegovina for termination of the United States arms embargo and submission by the Government of Bosnia and Herzegovina, in exercise of its sovereign rights as a nation, of a request to the United Nations Security Council for the departure of UNPROFOR from Bosnia and Herzegovina; or (2) a decision by the United Nations Security Council, or decisions by countries contributing forces to UNPROFOR, to withdraw UNPROFOR from Bosnia and Herzegovina. (b) Implementation of Termination.--The President may implement termination of the United States arms embargo of the Government of Bosnia and Herzegovina pursuant to subsection (a) prior to the date of completion of the withdrawal of UNPROFOR personnel from Bosnia and Herzegovina, but shall, subject to subsection (c), implement termination of the embargo pursuant to that subsection no later than the earlier of-- (1) the date of completion of the withdrawal of UNPROFOR personnel from Bosnia and Herzegovina; or (2) the date which is 12 weeks after the date of submission by the Government of Bosnia and Herzegovina of a request to the United Nations Security Council for the departure of UNPROFOR from Bosnia and Herzegovina. (c) Presidential Waiver Authority.--If the President determines and reports in advance to Congress that the safety, security, and successful completion of the withdrawal of UNPROFOR personnel from Bosnia and Herzegovina in accordance with subsection (b)(2) requires more time than the period provided for in that subsection, the President may extend the time period available under subsection (b)(2) for implementing termination of the United States arms embargo of the Government of Bosnia and Herzegovina for a period of up to 30 days. The authority in this subsection may be exercised to extend the time period available under subsection (b)(2) for more than one 30-day period. (d) Presidential Reports.--Within 7 days of the commencement of the withdrawal of UNPROFOR from Bosnia and Herzegovina, and every 14 days thereafter, the President shall report in writing to the President pro tempore of the Senate and the Speaker of the House of Representatives on the status and estimated date of completion of the withdrawal operation. If any such report includes an estimated date of completion of the withdrawal which is later than 12 weeks after commencement of the withdrawal operation, the report shall include the operational reasons which prevent the completion of the withdrawal within 12 weeks of commencement. (e) International Policy.--If the Government of Bosnia and Herzegovina submits a request to the United Nations Security Council for the departure of UNPROFOR from Bosnia and Herzegovina or if the United Nations Security Council or the countries contributing forces to UNPROFOR decide to withdraw from Bosnia and Herzegovina, as provided in subsection (a), the President (or his representative) shall immediately introduce and support in the United Nations Security Council a resolution to terminate the application of United Nations Security Council resolution 713 to the Government of Bosnia and Herzegovina. The United States shall insist on a vote on the resolution by the Security Council. The resolution shall, at a minimum, provide for the termination of the applicability of United Nations Security Council resolution 713 to the Government of Bosnia and Herzegovina no later than the completion of the withdrawal of UNPROFOR personnel from Bosnia and Herzegovina. In the event the United Nations Security Council fails to adopt the resolution to terminate the application of United Nations Security Council resolution 713 to the Government of Bosnia and Herzegovina because of a lack of unanimity of the permanent members, thereby failing to exercise its primary responsibility for the maintenance of international peace and security, the United States shall promptly endeavor to bring the issue before the General Assembly for decision as provided for in the Assembly's Uniting for Peace Resolution of 1950. (f) Rule of Construction.--Nothing in this section shall be interpreted as authorization for deployment of United States forces in the territory of Bosnia and Herzegovina for any purpose, including training, support, or delivery of military equipment. (g) Definitions.--As used in this section-- (1) the term ``United States arms embargo of the Government of Bosnia and Herzegovina'' means the application to the Government of Bosnia and Herzegovina of-- (A) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 FR 33322) under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (B) any similar policy being applied by the United States Government as of the date of completion of withdrawal of UNPROFOR personnel from Bosnia and Herzegovina, pursuant to which approval is denied for transfers of defense articles and defense services to the former Yugoslavia; and (2) the term ``completion of the withdrawal of UNPROFOR personnel from Bosnia and Herzegovina'' means the departure from the territory of Bosnia and Herzegovina of substantially all personnel participating in UNPROFOR and substantially all other personnel assisting in their withdrawal, within a reasonable period of time, without regard to whether the withdrawal was initiated pursuant to a request by the Government of Bosnia and Herzegovina, a decision by the United Nations Security Council, or decisions by countries contributing forces to UNPROFOR, but the term does not include such personnel as may remain in Bosnia and Herzegovina pursuant to an agreement between the Government of Bosnia and Herzegovina and the government of any country providing such personnel. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Bosnia and Herzegovina Self-Defense Act of 1995 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia and Herzegovina following: (1) receipt by the United States of a request from the Government of Bosnia and Herzegovina for termination of such embargo and their submission of a request to the United Nations Security Council for the departure of UNPROFOR from Bosnia and Herzegovina; or (2) a decision by the Council, or decisions by countries contributing forces to UNPROFOR, to withdraw UNPROFOR from Bosnia and Herzegovina. Authorizes the President to implement the termination of the arms embargo before complete withdrawal of UNPROFOR from Bosnia and Herzegovina, but no later than the earlier of the date of complete withdrawal, or the date 12 weeks after submission of a withdrawal request to the Council by the Government of Bosnia and Herzegovina. Provides for extensions of such deadlines. Requires the United States to bring the issue of the termination of the arms embargo before the U.N. General Assembly if the U.N. Security Council fails to adopt a resolution to terminate such embargo because of the lack of unanimity of its permanent members.

Bosnia and Herzegovina Self-Defense Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chief Technology Officer Act of 2009''. SEC. 2. OFFICE OF THE CHIEF TECHNOLOGY OFFICER. (a) Establishment and Staff.-- (1) Establishment.-- (A) In general.--There is established in the Executive Office of the President an Office of the Federal Chief Technology Officer (in this Act referred to as the ``Office''). (B) Head of the office.-- (i) Federal chief technology officer.--The President shall appoint a Federal Chief Technology Officer (in this Act referred to as the ``Federal CTO'') who shall be the head of the Office. (ii) Compensation.--Section 5313 of title 5, United States Code, is amended by adding at the end the following: ``Federal Chief Technology Officer.''. (2) Staff of the office.--The President may appoint additional staff members to the Office. (b) Duties of the Office.--The functions of the Federal CTO are the following: (1) Undertake fact-gathering, analysis, and assessment of the Federal Government's information technology infrastructures, information technology strategy, and use of information technology, and provide advice on such matters to the President, heads of Federal departments and agencies, and government chief information officers and chief technology officers. (2) Work to ensure the security and privacy of the Federal information technology infrastructure and networks, coordinating closely with other Federal departments and agencies having responsibilities regarding security and privacy of the infrastructure and networks. (3) Lead an interagency effort, working with the chief technology and chief information officers of each of the Federal departments and agencies, to develop and implement a planning process to ensure that they use best-in-class technologies, share best practices, and improve the use of technology in support of Federal Government requirements. (4) Provide, within the Executive Office of the President, advice on the engineering, technical and implementation aspects of information technology and information technology infrastructure issues that require attention at the highest levels of government. (5) Evaluate the scale, quality, and effectiveness of the Federal effort in the use of information technology, and advise on appropriate actions. (6) Advise the President on information technology considerations with regard to Federal budgets. (7) Assist the President in providing general leadership and coordination of the research and development programs of the Federal Government for information technology-related matters. (8) Promote technological innovation in the Federal Government, and encourage and oversee the adoption of robust cross-governmental architectures and standards-based information technologies, in support of effective operational and management policies, practices, and services across Federal departments and agencies and with the public and external entities. (9) Establish cooperative public-private sector partnership initiatives to gain knowledge of technologies available in the marketplace that can be used to improve governmental operations, citizen services, and the safety, security, and privacy of information collected, maintained, processed, and communicated by the Federal Government. (10) Establish public-private sector partnership initiatives to gain knowledge of information technology research activities underway and planned by Federal departments and agencies and in the private sector that can improve the use of information technologies by the Federal Government. (11) Sponsor, initiate, and support research and demonstration projects in partnership with private sector industry and academic institutions to leverage private sector expertise and innovation in order to enhance existing technologies or identify breakthrough innovations that can improve the Federal Government's use of technology. (12) Lead an interagency effort, working with the chief technology and chief information officers of each of the Federal departments and agencies, to promote the use of best- in-class technologies, share best practices, and establish an information technology plan for the Federal Government that improves the effectiveness, efficiency, security, and privacy of the Federal Government's information infrastructure and information technology-based services. (13) Any other functions and activities that the President may assign to the Federal CTO. (c) Policy Planning; Analysis and Advice.--The Office shall serve as a source of analysis and advice for the President and heads of Federal departments and agencies with respect to major policies, plans, and programs of the Federal Government associated with information technology. In carrying out this section, the Federal CTO shall-- (1) define coherent and systematic approaches for applying the use of information technology to critical and emerging Federal Government information management problems, and promote coordination of the responsibilities and programs of Federal departments and agencies in the resolution of the problems; (2) gather timely and authoritative information concerning significant developments and trends in information technology, and in national priorities, both current and prospective, and analyze and interpret the information for the purpose of determining whether the developments and trends are likely to affect achievement of the priority goals of the Federal Government; (3) encourage the development and maintenance of an adequate knowledge base for human resources in information technology, including the development of appropriate models to forecast future workforce requirements, and assess the effects of major governmental and public programs on human resources and their utilization; (4) initiate studies and analyses, including systems analyses and technology assessments, of alternatives available for the resolution of critical and emerging information technology infrastructure problems and, insofar as possible, determine and compare probable costs, benefits, and impacts of the alternatives; (5) assess the impact of information technology and networked information technology systems and applications on cybersecurity and personal privacy, utilizing Presidential and departmental advisory committees and agencies, such as the Privacy and Civil Liberties Oversight Board, the Information Security and Privacy Advisory Board managed under the National Institute of Standards and Technology, the Department of Homeland Security Data Privacy and Integrity Advisory Board, and the National Infrastructure Advisory Committee, and advise the President on steps necessary to mitigate and manage security and privacy risks; (6) advise the President on the extent to which the information technology programs, policies, and operations activities of the Federal Government are likely to affect the achievement of the priority goals of the Government; (7) provide the President with periodic reviews of Federal statutes and administrative regulations of the various Federal departments and agencies which affect research and development activities, internally and in relation to the private sector, or which may interfere with desirable technological innovation, together with recommendations for elimination, reform, or updating, as appropriate of the statutes and regulations; (8) establish public-private partnerships to coordinate Federal Government's information technology research agenda with private sector research and development initiatives and provide guidance to research-funding agencies; (9) develop, review, revise, and recommend criteria for determining information technology activities warranting Federal support, and recommend Federal policies designed to advance the development and maintenance of effective and efficient information technology capabilities, including human resources, at all levels of government, academia, and industry, and the effective application of the capabilities to national needs; (10) assess, and advise, on policies for international cooperation in information technology which will advance the national and international objectives of the United States; (11) identify and assess areas in which information technology can be used effectively in addressing national and international problems; and (12) perform such other duties and functions and make and furnish such studies, reports, and recommendations as the President may request. (d) Operations.-- (1) Powers.--To carry out the duties described in subsections (b) and (c), the Federal CTO may do the following: (A) Hearings.--Hold public hearings on any relevant topic. (B) Conduct studies.--Conduct a study on any relevant topic. (C) Advisory panels.--Establish advisory panels composed of individuals appointed by the Federal CTO for such terms as the Federal CTO determines appropriate. (D) Grants and fellowships.--Award grants and fellowships. (E) Mails.--Use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (F) Contract authority.--To the extent or in the amounts provided in advance in appropriations Acts, enter into contracts with and compensate a government or private agency or person for the conduct of activities under this section. (G) Authority to accept voluntary services.-- (i) Notwithstanding section 1342 of title 31, United States Code, accept the service of a volunteer. (ii) Reimburse a volunteer for expenses or office supplies and local travel, and for travel expenses, including per diem in lieu of subsistence, incurred in performing services for the Office. (H) Temporary and intermittent services.--Obtain temporary and intermittent services in the same manner as an agency under section 3109(b) of title 5, United States Code. (2) Volunteer deemed a federal employee.--While performing services for the Office, a volunteer is deemed an employee of the Federal Government for the purposes of the following: (A) Chapter 81 of title 5, United States Code, relating to compensation for work-related injuries. (B) Chapter 11 of title 18, United States Code, relating to conflicts of interest. (C) Chapter 171 of title 28, United States Code, relating to tort claims. (3) Travel expenses.--The Federal CTO may 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. (e) Coordination of the Office With Other Entities.-- (1) Federal cto to be on domestic policy council.--The Federal CTO shall be a member of the Domestic Policy Council. (2) Obtain information from agencies.--The Office may secure, directly from any department or agency of the United States, information necessary to enable the Federal CTO to carry out this Act. On request of the Federal CTO, the head of the department or agency shall furnish the information to the Office, subject to any applicable limitations of Federal law. (3) Staff of federal agencies.--On request of the Federal CTO, to assist the Office in carrying out the duties of the Office, the head of any Federal department or agency may detail personnel, services, or facilities of the department or agency to the Office. (4) Collaboration with bureau of labor statistics.--The Federal CTO shall work with the Bureau of Labor Statistics to develop mechanisms for tracking the effect of technological innovations on job creation. (5) Collaboration with office of management and budget.-- The Federal CTO shall-- (A) assist the Office of Management and Budget with an annual review and analysis of funding proposed for research and development in the budgets of all Federal departments and agencies; and (B) on a reimbursable basis, assist the Office of Management and Budget and Federal departments and agencies throughout the budget development process. (f) Annual Report.-- (1) Publication and contents.--The Federal CTO shall publish, in the Federal Register and on a public Internet website of the Federal CTO, an annual report that includes the following: (A) Information on programs to promote the development of technological innovations. (B) Recommendations for the adoption of policies to encourage the generation of technological innovations. (C) Information on the activities and accomplishments of the Office in the year covered by the report. (2) Submission.--The Federal CTO shall submit each report under paragraph (1) to-- (A) the President; (B) the Committee on Oversight and Government Reform of the House of Representatives; (C) the Committee on Science and Technology of the House of Representatives; and (D) the Committee on Commerce, Science, and Transportation of the Senate.

Chief Technology Officer Act of 2009 - Establishes in the Executive Office of the President an Office of the Federal Chief Technology Officer (FCTO). Includes among the functions of the FCTO to: (1) analyze and advise the President and agency officials regarding the government's information technology infrastructures, strategy, and use; (2) ensure the security and privacy of the federal information technology infrastructure and networks; (3) promote technological innovation in the federal government; (4) establish public-private sector partnership initiatives; and (5) lead specified interagency efforts, including a planning process to ensure the use of best-in-class technologies, the sharing of best practices, and improvement in the use of technology in support of government requirements. Requires the Office to serve as a source of analysis and advice for the President and agency heads regarding major government policies, plans, and programs associated with information technology. Requires the FCTO to: (1) be a member of the Domestic Policy Council; and (2) publish an annual report on programs to promote technological innovations, recommendations for policies to encourage the generation of such innovations, and information on the Office's activities and accomplishments.

To create the Office of the Chief Technology Officer within the Executive Office of the President.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Duplication Elimination Act of 2013''. SEC. 2. EXPEDITED CONSIDERATION OF GAO RECOMMENDATIONS. Title II of the joint resolution entitled ``A joint resolution increasing the statutory limit on the public debt'' (Public Law 111- 139; 21 U.S.C. 712 note) is amended by adding at the end the following: ``SEC. 22. EXPEDITED CONSIDERATION OF GAO RECOMMENDATIONS. ``(a) Definitions.--In this section-- ``(1) the term `GAO report' means the annual report on duplication, consolidation, and elimination of duplicative government programs required under section 21; and ``(2) the term `joint resolution' means only a joint resolution that-- ``(A) makes legislative changes needed to carry out the recommendations contained in the GAO report for a year that the President did not exclude; and ``(B) requires that any savings attributable to the legislative changes described in subparagraph (A) be transferred to the General Fund of the Treasury and be used to reduce the deficit. ``(b) Submission of Proposed Bill.-- ``(1) In general.--Not later than 90 days after the date of the publication of the GAO report for a year, the President shall transmit to Congress a special message accompanied by a proposed joint resolution. ``(2) Contents of special message.--A special message shall specify-- ``(A) recommendations outlined in the GAO report that are excluded from the proposed joint resolution; ``(B) in detail why the recommendations outlined in the GAO report were excluded from the proposed joint resolution; and ``(C) recommendations outlined in the GAO report that are included in the proposed joint resolution. ``(3) Transmittal.--The President shall submit the special message to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. ``(4) Public availability.--The President shall make a copy of the special message and the proposed joint resolution publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. ``(c) Procedures for Expedited Consideration.-- ``(1) Introduction.--A proposed joint resolution transmitted by the President under subsection (b) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. ``(2) No referral.--A joint resolution shall not be referred to a committee in either House of Congress and shall immediately be placed on the calendar. ``(3) Motion to proceed.--A motion to proceed to a joint resolution is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to a motion to postpone, and all points of order against the motion are waived. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a joint resolution is agreed to, the joint resolution shall remain the unfinished business of the respective House until disposed of. ``(4) Expedited consideration in the house of representatives.--In the House of Representatives, a joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate shall be divided equally between the majority and minority leaders or their designees. A motion to reconsider the vote on passage of the joint resolution shall not be in order. A vote on final passage of the joint resolution shall be taken in the House of Representatives on or before the close of the tenth calendar day after the date of the introduction of the joint resolution in the House of Representatives. ``(5) Expedited procedure in the senate.-- ``(A) Consideration.--In the Senate, consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, a motion to postpone, a motion to proceed to the consideration of other business, or a motion to commit the joint resolution is not in order. ``(B) Passage.--If the Senate has proceeded to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorom call at the conclusion of the debate if requested in accordance with the rules of the Senate. A vote on the final passage of the joint resolution shall be taken in the Senate on or before the close of the tenth calendar day after the date of the introduction of the joint resolution in the Senate. ``(C) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. ``(6) Points of order.--In the Senate or the House of Representatives, a Member of the Senate or House of Representatives, respectively, may raise a point of order that a joint resolution does not meet the definition of a joint resolution under subsection (b). ``(7) Amendment.--A joint resolution shall not be subject to amendment in either the House of Representatives or the Senate. ``(8) Consideration by the other house.-- ``(A) In general.--If, before passing a joint resolution, one House receives from the other a joint resolution-- ``(i) the joint resolution from the other House shall not be referred to a committee; and ``(ii) with respect to a joint resolution of the House receiving the joint resolution-- ``(I) the procedure in that House shall be the same as if no joint resolution had been received from the other House until the vote on passage; but ``(II) the vote on final passage shall be on the joint resolution of the other House. ``(B) Revenue measure exception.--This paragraph shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. ``(9) Rules of house of representatives and senate.--This subsection is enacted by congress-- ``(A) as an exercise of the rulemaking power in the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.''.

Duplication Elimination Act of 2013 - Requires the President, within 90 days after publication of the annual Government Accountability Office (GAO) report on duplication, consolidation, and elimination of duplicative government programs, to send Congress a proposed joint resolution accompanied by a special message specifying: any recommendations outlined in the GAO report that are excluded from the proposed joint resolution; in detail why they were excluded; and the outlined GAO recommendations included in the proposed joint resolution. Limits the proposed joint resolution to one that: (1) makes legislative changes needed to carry out the recommendations contained in the GAO report for a year that the President did not exclude, and (2) requires that any savings attributable to the legislative changes be transferred to the General Fund of the Treasury and be used to reduce the deficit. Sets forth procedures for expedited congressional consideration of the proposed joint resolution.

Duplication Elimination Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Markets Tax Credit Military Installation Act of 2013'' or the ``NMTC Military Installation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1988, through 5 separate rounds of the Base Realignment and Closure process, more than 300 military installations located in 48 States and 3 United States territories have had their missions eliminated or realigned. (2) 120 of these former installations were ``major'' base closures, resulting in the loss of 300 or more military and civilian jobs at each closure. While these communities received Federal support in the 1990s, there are currently no Federal programs to support the physical redevelopment at closed or realigned installations. (3) Despite local active efforts to promote redevelopment, nearly 100 of these closed or realigned military installations are located in economically distressed communities now suffering from high unemployment and disproportionately high poverty rates as determined by the Department of the Treasury. (4) More than 20 of these former installations are located in even harder hit ``severely distressed'' communities as defined by the Department of the Treasury. (5) One example is the City of Vallejo, California, which in 2008 filed for bankruptcy protection due in part to closure of the Mare Island Naval Shipyard and the accompanying loss of almost 10,000 jobs. (6) When a military base is closed, the Department of Defense is required to complete any necessary environmental cleanup at the former base and then transition the property to a Local Redevelopment Authority, usually a local government. Together, the Department of Defense Office of Economic Adjustment and the Local Redevelopment Authority create a redevelopment plan for the property. The goal of this process is to lead to a timely, beneficial, revenue generating reuse of these former military bases. (7) However, numerous former military installations have taken much longer and cost much more than expected to clean up, thereby significantly delaying reuse and causing many of these communities to become or remain economically distressed. (8) In 2000, the New Markets Tax Credit (NMTC) program was created to spur private sector investment in low-income communities suffering from chronic unemployment and high poverty rates by providing investors with a 7-year, 39-percent Federal income tax credit for investments made through investment vehicles known as Community Development Entities. According to the Department of the Treasury, every $1 of foregone tax revenues under the NMTC program leverages about $12 of private investment in distressed communities on a cost basis. (9) Recently, the community in Brunswick, Maine, has been successfully redeveloping the former Naval Air Station located there, by using among other tools the NMTC. In particular, the NMTC was used to build a new, $15 million, 80,000 square foot manufacturing facility operated by Swedish medical supply maker Molnlycke Health Care. A second NMTC was used to make $20 million in renovations of facilities now operated by aircraft manufacturer Kestrel Aeroworks. This latter project could have been 3 times as large had additional NMTC funds been available. These two projects alone will bring over 200 high-tech, high- wage jobs among other significant economic benefits to this economically distressed former military community. (10) Communities surrounding these former military installations still face the difficult challenges of economic redevelopment resulting from the loss of the Federal workforce and the supporting infrastructure associated with the former military missions located there. Focusing part of the successful NMTC to help these communities that are still struggling after the military exodus will help facilitate the economic redevelopment that these distressed communities need. SEC. 3. PERMANENT APPLICATION OF NEW MARKETS TAX CREDIT LIMITATION WITH RESPECT TO COMMUNITIES IMPACTED BY REALIGNMENT OR CLOSURE OF MILITARY INSTALLATIONS. (a) In General.--Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Special rule for allocation of limitation for redevelopment of communities impacted by realignment or closure of military installations.-- ``(A) In general.--Notwithstanding paragraph (1), for calendar year 2014 (and each calendar year thereafter) the Secretary shall allocate $100,000,000 in new markets tax credit limitation among qualified development entities selected by the Secretary to make qualified low-income community investments within the former boundaries of military installations realigned or closed pursuant to a base closure law (as defined in section 101(a)(17) of title 10, United States Code). ``(B) Qualified development entity mission requirement.--A qualified community development entity shall be eligible for an allocation under subparagraph (A) only if a significant mission of such entity is the redevelopment of such a military installation. ``(C) Carryover of unused limitation.--If the new markets tax credit limitation for any calendar year exceeds the aggregate amount allocated under subparagraph (A) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess.''. (b) Effective Date.--The amendments made by this section shall apply to allocations after December 31, 2013.

New Markets Tax Credit Military Installation Act of 2013 or the NMTC Military Installation Act - Amends the Internal Revenue Code, with respect to the new markets tax credit, to direct the Secretary of the Treasury to allocate in 2014 and thereafter funds in the limitation amount for such credit among qualified community development entities to make qualified low-income community investments within the former boundaries of military installations realigned or closed due to a base closure law.

NMTC Military Installation Act

SECTION 1. ESSENTIAL FISH HABITAT. (a) Definition.--Section 3(10) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(10)) is amended to read as follows: ``(10) The term `essential fish habitat' means those marine waters and discrete, unique benthic structures that-- ``(A) exist within the exclusive economic zone only in discrete areas; and ``(B) have been determined to be crucial to spawning, breeding, and the continued production of a specific stock of fish.''. (b) Minimization of Adverse Impacts on Essential Fish Habitat.-- Section 303 of such Act (16 U.S.C. 1853) is amended-- (1) in subsection (a)(7) by striking ``, minimize'' and all that follows through ``fishing,''; and (2) in subsection (b)(4) by inserting before the semicolon the following: ``, and including measures to minimize to the extent practicable adverse effects on essential fish habitat described and identified in the plan that are caused by fishing''. SEC. 2. DURATION OF MEASURES TO REBUILD OVERFISHED FISHERIES. Section 304(e)(4)(A)(ii) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(e)(4)(A)(ii)) is amended to read as follows: ``(ii) not exceed 10 years, except in cases where-- ``(I) the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise; ``(II) the Secretary determines that such 10-year period should be extended because the cause of the fishery decline is outside the jurisdiction of the Council or the rebuilding program cannot be effective only by limiting fishing activities; or ``(III) the Secretary determines that such 10-year period should be extended for one or more overfished components of a multi-species fishery.''. SEC. 3. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969. (a) In General.--Title III of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) is amended by adding at the end the following: ``SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969. ``Any fishery management plan, amendment to such a plan, or regulation implementing such a plan that is prepared in accordance with applicable provisions of sections 303 and 304 of this Act is deemed to have been prepared in compliance with the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''. (b) Clerical Amendment.--The table of contents in the first section of that Act is amended-- (1) by striking the first item relating to section 312 and inserting the following: ``312. Transition to sustainable fisheries.''; and (2) by striking the item following the item relating to section 314 and inserting the following: ``315. Compliance with National Environmental Policy Act of 1969.''. SEC. 4. BERING SEA AND ALEUTIAN ISLAND CRAB RATIONALIZATION PROGRAM ADJUSTMENT. As of the effective date of any Act implementing the Bering Sea and Aleutian Islands Crab Rationalization Program approved by the North Pacific Fishery Management Council, that Program is amended to require that-- (1) Blue Dutch, LLC, shall receive ``Class A'' crab processing quota shares equal to 1.5 percent of the total allowable catch for each of the following fisheries: the Bristol Bay red king crab fishery, the Bering Sea C. opilio crab fishery, the Bering Sea C. bairdi crab fishery, the St. Matthew blue king crab fishery, and the Pribilof blue and red king crab fishery; and (2) the Program implementing regulations shall include proportionate reductions of ``Class A'' crab processing quota shares for other holders of such shares so that the total of all ``Class A'' crab processing quota shares for the fisheries referred to in paragraph (1), including the amount specified in paragraph (1), equals 90 percent of the total allowable catch. SEC. 5. ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM. (a) Eligibility.--All communities currently approved for participation in the western Alaska community development quota program, either listed in table 7 to part 679 of title 50, Code of Federal Regulations, or approved by the National Marine Fisheries Service on April 19, 1999, are deemed to have met the eligibility criteria for participation in the program, under criteria set forth in section 305(i)(1)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)). Additional communities meeting this criteria may be approved for eligibility in the future. (b) Allocation.--Section 206(a) of title II of division C of Public Law 105-277 (112 Stat. 2681-621) is amended by striking ``1999, 10'' and inserting ``2004, 12''. SEC. 6. REPORT REGARDING TREATMENT OF INTERNATIONAL FISHERY COMMISSION PENSIONERS. The President shall-- (1) determine the number of United States citizens who-- (A) served as employees of the International Pacific Salmon Fisheries Commission or the International North Pacific Fisheries Commission; and (B) worked in Canada in the course of employment with that commission; (2) calculate for each such employee the difference between-- (A) the value, in United States currency, of the annuity payments made and to be made (determined by an actuarial valuation) by or on behalf of each such commission to the employee; and (B) the value, in Canadian currency, of such annuity payments; and (3) by not later than September 1, 2004, submit to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate a report on the determinations and calculations made under paragraphs (1) and (2).

Amends the Magnuson-Stevens Fishery Conservation and Management Act to redefine the term "essential fish habitat" as existing within the exclusive economic zone (established by Presidential Proclamation No. 5030) only in discrete areas. Changes from a mandatory to a discretionary element of a fishery management plan any measure to minimize fishing-related adverse effects on essential fish habitat. Specifies additional circumstances in which the specified time period for ending overfishing and rebuilding fisheries may exceed ten years. Deems any fishery management plan, amendment, or implementing regulation prepared in accordance with the Magnuson-Stevens Act to be in compliance with environmental impact statement requirements of the National Environmental Policy Act. Amends the Bering Sea and Aleutian Islands (BSAI) Crab Rationalization Program to require that: (1) Blue Dutch, LLC receive specified "Class A" crab processing quota shares; and (2) applicable regulations include proportionate reductions of such shares for other holders. Deems communities currently approved for participation in the western Alaska community development quota program under specified laws to have met eligibility criteria for program participation under the Magnuson-Stevens Act. Amends the American Fisheries Act, in the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, to increase from ten percent to 12 percent the portion of the total allowable catch of pollock in the BSAI Management Area that is required to be allocated to the western Alaska program. Requires the President to calculate and submit a report to specified congressional committees on the difference between the value in U.S. versus Canadian currency of annuity payments to U.S. citizens who worked in Canada for specified international fisheries commissions.

To amend the Magnuson-Stevens Fishery Conservation and Management Act to clarify the definition of "essential fish habitat", and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom from Over-Criminalization and Unjust Seizures Act of 2012''. SEC. 2. CRIMINAL PENALTIES. (a) Prohibited Acts.--Section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``or in violation of any foreign law''; and (B) in subparagraph (B)-- (i) in clause (i), by striking ``, or any foreign law,''; (ii) in clause (ii), by striking ``or any foreign law''; and (iii) in clause (iii), by striking ``, or under any foreign law,''; and (2) in paragraph (3)-- (A) in subparagraph (A), by striking ``foreign law or''; and (B) in subparagraph (B)-- (i) in clause (i), by striking ``, or any foreign law,''; (ii) in clause (ii), by striking ``or any foreign law''; and (iii) in clause (iii), by striking ``, or under any foreign law,''. (b) Penalties.--Section 4 of the Lacey Act Amendments of 1981 (16 U.S.C. 3373) is amended-- (1) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) Assessment.-- ``(A) In general.--Any person who engages in conduct prohibited by any provision of this Act (other than subsections (b), (d), and (f) of section 3) and in the exercise of due care should know that the fish, wildlife, or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty, or regulation, and any person who knowingly violates subsection (d) or (f) of section 3, may be assessed a civil penalty by the Secretary for each violation in accordance with subparagraph (B) or (C), as applicable. ``(B) Market value of less than $350.--If a violation under subparagraph (A) involves fish or wildlife or plants with a market value of less than $350 and involves only the transportation, acquisition, or receipt of fish, wildlife, or plants taken or possessed in violation of any law, treaty, or regulation of the United States, tribal law, or any law or regulation of a State, the penalty assessed under subparagraph (A) for the violation shall not exceed the lesser of-- ``(i) the maximum amount of the penalty provided for violation of the law or regulation; or ``(ii) $10,000. ``(C) Other violations.--For any violation under subparagraph (A) that is not described in subparagraph (B), the penalty assessed under that subparagraph shall not exceed $200,000.''; and (2) by striking subsections (d) and (e). (c) Forfeiture.--Section 5 of the Lacey Act Amendments of 1981 (16 U.S.C. 3374) is amended-- (1) by striking subsections (a) and (b) and inserting the following: ``(a) In General.--All fish, wildlife, or plants imported, exported, transported, sold, received, acquired, or purchased in violation of section 3 (other than subsection (b) of that section), or any regulation issued under that section, shall be subject to forfeiture to the United States notwithstanding any culpability requirements for civil penalty assessment under section 4.''; (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as redesignated), by striking ``convicted of an offense, or assessed a civil penalty,'' and inserting ``assessed a civil penalty''. (d) Enforcement.-- (1) In general.--Section 6 of the Lacey Act Amendments of 1981 (16 U.S.C. 3375) is amended-- (A) by striking subsection (b); (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (C) in subsection (b) (as redesignated), by striking the third sentence; and (D) in the first sentence of subsection (c) (as redesignated)-- (i) by striking ``an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property'' and inserting ``a civil penalty assessment or forfeiture of property''; and (ii) by striking ``or criminal''. (2) Conforming amendments.-- (A) Section 3(c)(3) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 742l(c)(3)) is amended by striking ``section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting ``section 6(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(c))''. (B) Section 503(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1423b(b)) is amended-- (i) by striking the subsection designation and heading and all that follows through ``The Secretary may utilize'' in paragraph (1) and inserting the following: ``(b) Utilization of Other Government Resources and Authorities.-- The Secretary may utilize''; and (ii) by striking paragraph (2). (C) Section 11(d) of the Endangered Species Act of 1973 (16 U.S.C. 1540(d)) is amended in the fourth sentence by striking ``section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting ``section 6(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(c))''. (D) Section 7(f) of the Rhinoceros and Tiger Conservation Act (16 U.S.C. 5305a(f)) is amended by striking ``section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting ``section 6(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(c))''. (E) Section 524(c)(4)(A) of title 28, United States Code, is amended by striking ``section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting ``section 6(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(c))''. (F) Section 1402(b)(1)(A)(ii) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)(ii)) is amended by striking ``section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting ``section 6(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(c))''. (e) Exceptions.--Section 8 of the Lacey Act Amendments of 1981 (16 U.S.C. 3377) is amended by striking subsection (b) and inserting the following: ``(b) Activities Regulated by Tuna Convention Acts.--Paragraphs (1), (2)(A), and (3)(A) of subsection 3(a) shall not apply to any activity regulated by the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.) or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.).''.

Freedom from Over-Criminalization and Unjust Seizures Act of 2012 - Amends the Lacey Act Amendments of 1981 to repeal the prohibition on importing, exporting, transporting, selling, receiving, acquiring, or purchasing in interstate or foreign commerce: (1) fish or wildlife taken, possessed, transported, or sold in violation of foreign law; or (2) plants taken, possessed, transported, or sold in violation of foreign law, without the payment of appropriate royalties, taxes, or stumpage fees required by foreign law, or in violation of any limitation under foreign law that governs the export or transshipment of plants. Repeals the prohibition on possessing such fish, wildlife, or plants within the special maritime and territorial jurisdiction of the United States. Establishes a $200,000 maximum limit on a civil penalty for a knowing violation of such Act that involves fish, wildlife, or plants with a market value of $350 or more. Repeals: (1) criminal penalties under such Act, and (2) the authorization to suspend, modify, or cancel specified licenses or permits issued to any person who is convicted of a criminal violation of such Act.

A bill to amend the Lacey Act Amendments of 1981 to repeal certain provisions relating to criminal penalties and violations of foreign laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Virginia Ridge and Valley Wilderness and National Scenic Areas Act of 2004''. SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LANDS AS WILDERNESS IN VIRGINIA. Section 1 of the Act entitled ``An Act to designate certain National Forest System lands in the States of Virginia and West Virginia as wilderness areas'', approved June 7, 1988 (Public Law 100- 326; 16 U.S.C. 1132 note), as amended by Public Law 106-471 (114 Stat. 2057), is further amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(9) certain lands in the Jefferson National Forest, which comprise approximately 3,844 acres, as generally depicted on a map entitled `Brush Mountain and Brush Mountain East', dated February 12, 2004, and which shall be known as the Brush Mountain East Wilderness; ``(10) certain lands in the Jefferson National Forest, which comprise approximately 4,707 acres, as generally depicted on a map entitled `Brush Mountain and Brush Mountain East', dated February 12, 2004, and which shall be known as the Brush Mountain Wilderness; ``(11) certain lands in the Jefferson National Forest, which comprise approximately 4,384 acres, as generally depicted on a map entitled `Seng Mountain and Raccoon Branch', dated February 12, 2004, and which shall be known as the Raccoon Branch Wilderness; ``(12) certain lands in the Jefferson National Forest, which comprise approximately 3,300 acres, as generally depicted on a map entitled `Stone Mountain', dated February 12, 2004, and which shall be known as the Stone Mountain Wilderness; ``(13) certain lands in the Jefferson National Forest, which comprise approximately 5,573 acres, as generally depicted on a map entitled `Mountain Lake Additions', dated February 12, 2004, and which are hereby incorporated in the Mountain Lake Wilderness; ``(14) certain lands in the Jefferson National Forest, which comprise approximately 748 acres, as generally depicted on a map entitled `Lewis Fork Addition and Little Wilson Creek Additions', dated February 12, 2004, and which are hereby incorporated in the Lewis Fork Wilderness; ``(15) certain lands in the Jefferson National Forest, which comprise approximately 1,862 acres, as generally depicted on a map entitled `Lewis Fork Addition and Little Wilson Creek Additions', dated February 12, 2004, and which are hereby incorporated in the Little Wilson Creek Wilderness; ``(16) certain lands in the Jefferson National Forest, which comprise approximately 2,789 acres, as generally depicted on a map entitled `Shawvers Run Additions', dated February 12, 2004, and which are hereby incorporated in the Shawvers Run Wilderness; and ``(17) certain lands in the Jefferson National Forest, which comprise approximately 1,570 acres, as generally depicted on a map entitled `Peters Mountain Addition', dated February 12, 2004, and which are hereby incorporated in the Peters Mountain Wilderness.''. SEC. 3. SENG MOUNTAIN AND CRAWFISH VALLEY SCENIC AREAS, JEFFERSON NATIONAL FOREST, VIRGINIA. (a) Establishment of Scenic Areas.-- (1) Establishment.--The following National Forest System lands in the State of Virginia are hereby designated as National Scenic Areas (in this section referred to as the ``scenic areas''): (A) Certain lands in the Jefferson National Forest, which comprise approximately 6,455 acres, as generally depicted on a map entitled ``Seng Mountain and Raccoon Branch'', dated February12, 2004, and which shall be known as the Seng Mountain National Scenic Area. (B) Certain lands in the Jefferson National Forest, which comprise approximately 5,400 acres, as generally depicted on a map entitled ``Crawfish Valley'' dated February 12, 2004, and which shall be known as the Crawfish Valley National Scenic Area. (2) Maps and descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and boundary description of the scenic areas with the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and description. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. In the case of any discrepancy between the acreage specified in paragraph (1) and the map filed under this paragraph, the map shall control. (b) Purposes of Scenic Areas.--The scenic areas are established for the purposes of-- (1) ensuring the protection and preservation of scenic quality, water quality, natural characteristics, and water resources; (2) protecting wildlife and fish habitat, consistent with paragraph (1); (3) protecting areas that may develop characteristics of old-growth forests; and (4) providing a variety of recreation opportunities, consistent with the preceding paragraphs. (c) Administration.-- (1) In general.--The Secretary of Agriculture shall administer the scenic areas in accordance with this section and the laws and regulations generally applicable to the National Forest System. In the event of conflict between this section and other laws and regulations, this section shall take precedence. (2) Consistent use.--The Secretary shall only allow such uses of the scenic areas as the Secretary finds will further the purposes for which the scenic areas are established. (d) Management Plan.--Within two years after the date of the enactment of this Act, the Secretary of Agriculture shall develop a management plan for the scenic areas consistent with this section. The management plan shall be developed as an amendment to the land and resource management plan for the Jefferson National Forest, except that nothing in this section requires the Secretary to revise the land and resource management plan for the Jefferson National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (e) Roads.--After the date of the enactment of this Act, no roads shall be established or constructed within the scenic areas, except that this prohibition shall not be construed to deny access to private lands or interests therein in the scenic areas. (f) Vegetation Management.--No timber harvest shall be allowed within the scenic areas, except as the Secretary of Agriculture finds necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the preceding sentence, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. (g) Motorized Travel.--Motorized travel shall not be permitted within the scenic areas, except that the Secretary of Agriculture may authorize motorized travel within the scenic area-- (1) as necessary for administrative use in furtherance of the purposes of this section; (2) in support of wildlife management projects in existence as of the date of the enactment of this Act; and (3) on Forest Development Road 9410 and 84b during deer and bear hunting seasons. (h) Fire.--Wildfires in the scenic area shall be suppressed in a manner consistent with the purposes of this section, using such means as the Secretary of Agriculture considers appropriate. (i) Insects and Disease.--Insect and disease outbreaks may be controlled in the scenic areas to maintain scenic quality, prevent tree mortality, reduce hazards to visitors, or protect private lands. (j) Water.--The Secretary of Agriculture shall administer the scenic areas so as to maintain and enhance water quality. (k) Mining Withdrawal.--Subject to valid existing rights, all federally owned lands in the scenic areas are withdrawn from location, entry, and patent under the mining laws of the United States and from leasing claims under the mineral and geothermal leasing laws of the United States, including amendments to such laws. SEC. 4. TRAIL PLAN AND DEVELOPMENT. (a) Trail Plan.--The Secretary of Agriculture shall establish, in consultation with interested parties, a trail plan for National Forest System lands described in this paragraph in order to develop the following: (1) Hiking and equestrian trails within the wilderness areas designated by the amendments made by section 2, in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.). (2) Nonmotorized recreation trails within the scenic areas designated by section 3. (b) Implementation Report.--Within two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the trail plan, includ

Virginia Ridge and Valley Wilderness and National Scenic Areas Act of 2004 - Designates certain lands in the Jefferson National Forest, Virginia (Brush Mountain and Brush Mountain East, Seng Mountain and Raccoon Branch, Stone Mountain, Mountain Lake Additions, Lewis Fork Addition and Little Wilson Creek Additions, Shawvers Run Additions, and Peters Mountain Addition) as wilderness. Designates Seng Mountain and Raccoon Branch, and Crawfish Valley, as National Scenic Areas (Areas). Establishes such Areas for purposes of: (1) ensuring the protection and preservation of scenic quality, water quality, natural characteristics, and water resources; (2) protecting wildlife and fish habitat; (3) protecting areas that may develop characteristics of old-growth forests; and (4) providing a variety of recreation opportunities. Directs the Secretary of Agriculture to: (1) administer such Areas in accordance with this Act and the laws and regulations generally applicable to the National Forest System (NFS); (2) develop a management plan for such Areas; and (3) establish a trail for NFS lands to develop hiking and equestrian trails within the wilderness areas and non-motorized recreation trails within the Areas. Sets forth provisions regarding roads, vegetation management, motorized travel, fire, insects and disease, water, and mining and geothermal leasing.

To designate additional National Forest System lands in the State of Virginia as wilderness, to establish the Seng Mountain and Crawfish Valley Scenic Areas, to provide for the development of trail plans for the wilderness areas and scenic areas, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Railroad Competition Act of 2001''. (b) Amendment of Title 49, 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 a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To clarify the rail transportation policy of the United States by requiring the Surface Transportation Board to accord greater weight to the need for increased competition between and among rail carriers and consistent and efficient rail service in its decisionmaking. (2) To eliminate unreasonable barriers to competition among rail carriers serving the same geographic areas. (3) To ensure reasonable rail rates for captive rail shippers by removing unnecessary regulatory burdens from the rate reasonableness procedures of the Surface Transportation Board. TITLE I--INCREASED RAIL-TO-RAIL COMPETITION SEC. 101. FOSTERING OF RAIL-TO-RAIL COMPETITION. Section 11101(a) is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by striking ``A rail carrier'' at the beginning of the second sentence and inserting the following: ``(2) Upon the request of a shipper, a rail carrier shall establish a rate for transportation and provide service requested by the shipper between any two points on the system of that carrier where traffic originates, terminates, or may reasonably be interchanged. A carrier shall establish a rate and provide service upon such request without regard to-- ``(A) the location of the movement on the rail system, including terminal areas; ``(B) whether the rate established is for only part of a movement between a point of origin and a destination; ``(C) whether the shipper has made arrangements for transportation for any other part of that movement; or ``(D) whether the shipper has a contract with any rail carrier for part or all of its transportation needs over the route of movement, in which case the rate established by the carrier shall not apply to transportation covered by the contract. ``(3) A rail carrier''. SEC. 102. PROMOTION OF COMPETITIVE RAIL SERVICE OPTIONS. (a) Approvals of Combinations.--Section 11324 is amended-- (1) in subsection (b)-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ``; and''; and (C) by adding at the end the following: ``(6) means and methods to encourage and expand competition between and among rail carriers in the region affected by the transaction or in the national rail system.''; and (2) in subsection (c), by inserting after the first sentence the following: ``The Board shall impose any conditions that the Board considers appropriate to encourage and expand competition between and among rail carriers in the region affected by the transaction or in the national rail system.''. (b) Applicability.--The amendments made by this section shall apply with respect to proceedings of the Surface Transportation Board that are initiated on or after the effective date specified in section 401. SEC. 103. COMPETITIVE RAIL SERVICE IN TERMINAL AREAS. (a) Use of Terminal Areas.--Section 11102(a) is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by striking ``may'' in the first sentence and inserting ``shall''; (3) by inserting after the first sentence the following: ``In making any determination for the purposes of the preceding sentence, the Board may not require evidence of anticompetitive conduct by a rail carrier from which access is sought.''; (4) by striking ``The rail carriers'' at the beginning of the sentence following the sentence inserted by paragraph (3) and inserting the following: ``(2) The rail carriers''; and (5) by striking ``may establish conditions'' in the penultimate sentence and inserting ``shall establish conditions''. (b) Reciprocal Switching.--Section 11102(c) is amended-- (1) in paragraph (1)-- (A) by striking ``may require'' in the first sentence and inserting ``shall require''; and (B) by striking ``may establish'' in the last sentence and inserting ``shall establish''; and (2) by adding at the end the following new paragraph: ``(3) In making any determination for the purposes of the first sentence of paragraph (1), the Board may not require evidence of anticompetitive conduct by a rail carrier from which access is sought.''. TITLE II--IMPROVEMENTS IN THE RATE REASONABLENESS PROCESS OF THE SURFACE TRANSPORTATION BOARD SEC. 201. FILING FEES. Section 721 is amended by adding at the end the following new subsection: ``(f) Limitation on Fees.--The Board may not charge a fee for the filing of a complaint, protest, or other request for relief in an amount greater than fees charged by district courts of the United States for a comparable filing.''. SEC. 202. SIMPLIFIED STANDARDS FOR MARKET DOMINANCE DETERMINATIONS. Section 10707 is amended by adding at the end the following new subsection: ``(e) The Board may not consider evidence of product or geographic competition in making a market dominance determination under this section.''. SEC. 203. REVIEW OF RATES. (a) Reasonableness.--Section 10701(d) is amended by striking paragraph (3) and inserting the following: ``(3) Upon a challenge made by a shipper to the reasonableness of any rate established by a rail carrier in accordance with subsection (c) or section 11101(a) of this title, the Board shall determine the reasonableness of the rate without regard to whether-- ``(A) the rate is for only part of a movement between a point of origin and a destination; ``(B) the shipper has made arrangements for transportation for any other part of that movement; or ``(C) the shipper currently has a contract with a rail carrier for any part of the rail traffic involved, except that any rate prescribed by the Board shall not apply to transportation covered by such a contract.''. (b) Burden of Proof.-- (1) Proving reasonableness.--Section 10701(d), as amended by subsection (a), is further amended by adding at the end the following new paragraphs: ``(4) In the determining of whether a rate established by a rail carrier is reasonable for the purposes of this subsection, the rail carrier shall have the burden of proving that the maximum rate set forth in the complainant's evidence does not exceed the reasonable maximum rate. ``(5) The sequence for the presentation of evidence by the complainant and the defendant that is provided under the rules of the Board governing the procedural schedule for cases under this subsection, as in effect on the date of the enactment of the Railroad Competition Act of 2001, shall apply in such cases.''. (2) Applicability.--The amendment made by this section shall apply with respect to proceedings of the Surface Transportation Board that are initiated on or after the effective date specified in section 401. TITLE III--IMPROVEMENTS IN THE OVERSIGHT OF THE RAIL INDUSTRY AND IN THE OPERATION OF THE SURFACE TRANSPORTATION BOARD SEC. 301. CLARIFICATION OF RAIL TRANSPORTATION POLICY. Section 10101 is amended-- (1) by inserting ``(a) In General.--'' before ``In regulating''; and (2) by adding at the end the following: ``(b) Primary Objectives.--The primary objectives of the rail transportation policy of the United States are as follows: ``(1) To ensure effective competition among rail carriers at origins and destinations. ``(2) To maintain reasonable rates in the absence of effective competition. ``(3) To maintain consistent and efficient rail transportation service for shippers, including the timely provision of rail cars requested by shippers. ``(4) To ensure that smaller carload and intermodal shippers are not precluded from accessing rail systems due to volume requirements.''. SEC. 302. ADEQUACY OF REVENUE. (a) Repeal of Authority To Establish Revenue Standards and Procedures.--Section 10704(a) is amended by striking paragraphs (2) and (3). (b) Conforming Amendments.-- (1) Rail transportation policy.--Section 10101 is amended by striking ``, as determined by the Board'' in paragraph (3) of subsection (a), as designated by section 3(1). (2) Reasonableness of rates.--Section 10701(d)(2) is amended by striking ``, as established by the Board under section 10704(a)(2) of this title''. (3) Clerical amendment.--Section 10704(a), as amended by subsection (a), is further amended by striking ``(1)'' after ``(a)''. SEC. 303. ARBITRATION. (a) Authority.--Chapter 105 is amended by adding at the end the following new section: ``Sec. 10503. Arbitration of qualifying controversies ``(a) Authority.--(1) Subject to subsection (b), disputes subject to the statutory jurisdiction of the Board that involve the reasonableness of rates or other charges or the provision of service may be resolved under the alternative dispute resolution process prescribed by the Board for the arbitration of such disputes upon the election of a party filing with the Board a written complaint regarding the rates, charges, or service, as the case may be. ``(2) Discovery shall be authorized in a case submitted to arbitration under this section if requested by a party to the arbitration. ``(b) Disputes Involving Rates and Other Charges.--In an arbitration of a dispute on a rate or other financial charge under the process applied under subsection (a), each party to the dispute shall submit to the arbitrator the party's final proposal regarding what level of rate or charge is appropriate. All such proposals shall be submitted simultaneously. The arbitrator shall select one of the submitted proposals, without modification, to be the arbitrator's final decision on the disputed rate or charge. ``(c) Judicial Review.--(1) The district courts of the United States shall have jurisdiction to review the final decision of an arbitrator in a proceeding conducted under subsection (a). ``(2) An action for review of a final decision of an arbitrator referred to in paragraph (1) may be brought only in the district court of the United States for the district in which the party electing the arbitration under subsection (a) has its principal place of business. ``(3) An action for review of the final decision of an arbitrator may not be commenced under this subsection more than 30 days after the date on which the arbitrator issues the decision. ``(4) In an action brought under this subsection for review of the decision of an arbitrator, the district court may-- ``(A) vacate the decision on any ground set forth in section 10 of title 9; or ``(B) modify or correct the decision on any ground set forth in section 11 of title 9.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``10503. Arbitration of qualifying controversies.''. SEC. 304. RAIL CARRIER SERVICE QUALITY PERFORMANCE REPORTS. (a) In General.--Chapter 111 is amended by adding at the end of subchapter III the following new section: ``Sec. 11146. Service quality reports ``(a) Monthly Report of Carriers.--(1) Regulations prescribed by the Secretary of Transportation shall require each rail carrier to submit to the Secretary a monthly report on the quality of the service provided by the rail carrier. ``(2) The report shall contain, for the month covered by the report, information about-- ``(A) the carrier's on-time performance; ``(B) the carrier's car availability deadline performance; ``(C) the average speed at which the carrier's trains were operated; ``(D) the average time that the carrier's trains dwelled in terminals; ``(E) the number of the carrier's cars that were loaded (expressed separately for each major commodity group); and ``(F) any other aspects of the carrier's performance (as a rail carrier) that the Secretary may require. ``(3) The information shall be set forth in the monthly report in a uniform format prescribed by the Secretary. ``(b) Availability of Monthly Report to Board and Public.--(1) The Secretary shall furnish a copy of the monthly reports of rail carriers to the Surface Transportation Board not later than the next business day following receipt by the Secretary. ``(2) The Secretary shall make the monthly reports of rail carriers available to the public. ``(c) Annual Report to Congress.--The Secretary shall transmit to Congress an annual report containing a summary and discussion of the information in the reports submitted under this section to the Secretary for the months of the year covered by the annual report.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 11145 the following: ``11146. Service quality reports.''. SEC. 305. PERIODIC STUDY OF COMPETITION AMONG RAIL CARRIERS. (a) Requirement for Study.-- (1) Triennial study.--Chapter 101 is amended by adding at the end the following new section: ``Sec. 10103. Periodic study of rail carrier competition and processes of the Surface Transportation Board ``(a) Requirement for Study.--Every three years, the Secretary of Transportation shall conduct a comprehensive study of rail carrier competition and the processes of the Board. The study shall include an assessment of the following: ``(1) The availability of effective competitive options among and between rail carriers. ``(2) The effectiveness of the processes of the Surface Transportation Board, including the process used for determining the reasonableness of rates of rail carriers. ``(3) The availability to rail users of effective regulatory dispute resolution options. ``(b) Study To Include Assessment of Rail-to-Rail Competition.--In carrying out the study, the Board shall assess the overall level of rail-to-rail competition in the rail carrier industry in the United States. In making the assessment, the Board shall consider the views of users of the services of rail carriers. ``(c) Report to Congress.--Not later than November 15 of each year in which a study is conducted under subsection (a), the Secretary shall submit a report on the results of the study to Congress. The report shall include the following: ``(1) The Board's assessment of the overall level of rail- to-rail competition in the rail carrier industry in the United States. ``(2) The markets that have limited rail-to-rail competition. ``(3) Any recommendations for enhancing rail-to-rail competition, particularly in markets identified as having limited rail-to-rail competition. ``(4) An assessment of the Board's performance of its purpose to promote and enhance competition among and between railroads by-- ``(A) addressing complaints regarding rates and service; and ``(B) promulgating regulations of general applicability or taking other actions. ``(5) Any recommendations for modification of any of the decisions of the Surface Transportation Board (or decisions of the former Interstate Commerce Commission continuing in effect) or for modification of the general authority or jurisdiction of the Board. ``(6) Any other findings, analyses, assessments, and recommendations that result from the study.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``10103. Periodic study of rail carrier competition and processes of the Surface Transportation Board.''. (b) Time for First Study.--The first study under section 10103 of title 49, United States Code (as added by subsection (a)), shall be carried out not later than two years after the effective date specified in section 401. TITLE IV--EFFECTIVE DATES SEC. 401. EFFECTIVE DATE. Except as provided in section 402, this Act and the amendments made by this Act shall take effect on October 1, 2001. SEC. 402. EXCEPTIONS. The following provisions shall take effect on the date of the enactment of this Act: (1) Section 303 and the amendments made in that section. (2) Section 305.

Railroad Competition Act of 2001 - Amends Federal transportation law to require a rail carrier, upon a shipper's request, to establish a rail transportation rate and provide service requested by the shipper between any two points on the carrier's system where traffic originates, terminates, or may reasonably be interchanged.Requires the Surface Transportation Board, in a proceeding to approve the merger or control of at least two Class I railroads, to: (1) consider means and methods to encourage and expand competition between and among rail carriers in the affected region or in the national rail system; and (2) impose any conditions appropriate to encourage and expand such competition.Changes from discretionary to mandatory the Board's authority to require: (2) the use of certain rail carrier-owned terminal facilities by another carrier under specified conditions; and (2) rail carriers to enter into reciprocal switching agreements where they are necessary to provide competitive rail service.Limits the amount the Board may charge for the filing of relief requests. Revises requirements for Board market dominance determinations and reasonableness determinations in rail rate proceedings.Declares primary objectives for U.S. rail transportation policy, including: (1) ensuring effective competition among rail carriers; and (2) maintaining reasonable rail rates in the absence of effective competition.Repeals the Board's authority to establish standards for establishing revenue levels and determining adequacy of revenues for rail carriers.Authorizes arbitration of disputes involving the reasonableness of rail rates or provision of service.Directs the Secretary of Transportation to: (1) require rail carriers to file monthly service quality reports; and (2) conduct triennial studies of rail carrier competition and the processes of the Board.

A bill to amend title 49, United States Code, to enhance competition among and between rail carriers in order to ensure efficient rail service and reasonable rail rates in any case in which there is an absence of effective competition, and for other purposes.

SECTION 1. SIX-YEAR STATUTE OF LIMITATIONS FOR INVESTIGATIONS INVOLVING OFFSHORE SECRECY JURISDICTIONS. (a) In General.--Section 6501(c) of the Internal Revenue Code of 1986 (relating to exceptions from limitations on assessment and collection) is amended by adding at the end the following new paragraph: ``(11) Returns involving offshore secrecy jurisdictions.-- If, for any taxable year, any item of a taxpayer (other than an entity the ownership interests in which are regularly traded on an established securities market) is an offshore secrecy jurisdiction item (as defined in subsection (n)), the tax imposed by this title for such taxable year may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return of such tax was filed.''. (b) Terms Relating to Offshore Secrecy Jurisdiction Items.--Section 6501 of the Internal Revenue Code of 1986 (relating to limitations on assessment and collection) is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Terms Relating to Offshore Secrecy Jurisdiction Items.--For purposes of subsection (c)(11)-- ``(1) Offshore secrecy jurisdiction item.--The term `offshore secrecy jurisdiction item' means any item of a taxpayer which is directly or indirectly attributable to any account, entity, or transaction involving an offshore secrecy jurisdiction. Such term shall include any item directly or indirectly attributable to-- ``(A) the formation or ownership by the taxpayer of any applicable account or entity (or any interest in such account or entity), ``(B) the transfer of any money or other property by the taxpayer to any applicable account or entity or the transfer by the taxpayer of any interest in such account or entity, or ``(C) the receipt, or use, by the taxpayer of any money or other property from any applicable account or entity. ``(2) Applicable account or entity.--The term `applicable account or entity' means any financial account, or any entity (including a trust, corporation, limited liability company, partnership, or foundation), which is formed, located, domiciled, or operating in an offshore secrecy jurisdiction. Such term shall not include an entity the ownership interests in which are regularly traded on an established securities market. ``(3) Offshore secrecy jurisdiction.-- ``(A) In general.--The term `offshore secrecy jurisdiction' means any foreign jurisdiction which the Secretary determines for purposes of this subsection is a jurisdiction which-- ``(i) has corporate, business, bank, or tax secrecy rules or practices which, in the judgment of the Secretary, unreasonably restrict the ability of the United States to obtain information relevant to the enforcement of this title, and ``(ii) does not have effective information exchange practices. ``(B) Secrecy or confidentiality rules and practices.--For purposes of subparagraph (A)(i), corporate, business, bank, or tax secrecy or confidentiality rules and practices include both formal laws and regulations and informal government or business practices which have the effect of inhibiting access of law enforcement and tax administration authorities to information regarding beneficial ownership and other financial information. ``(C) Ineffective information exchange practices.-- For purposes of subparagraph (A)(ii), a jurisdiction shall be deemed to have ineffective information exchange practices unless the Secretary determines, on an annual basis, that-- ``(i) such jurisdiction has in effect a treaty or other information exchange agreement with the United States which provides for the prompt and obligatory exchange of such information which is relevant for carrying out the provisions of the treaty or agreement or the administration or enforcement of this title, ``(ii) during the 12-month period preceding the annual determination, the exchange of information between the United States and such jurisdiction was in practice adequate to carry out the provisions of the treaty or agreement; and ``(iii) during the 12-month period preceding the annual determination, such jurisdiction was not identified by an intergovernmental group or organization of which the United States is a member as uncooperative with international tax enforcement or information exchange and the United States concurs in such identification.''. SEC. 2. SUSPENSION OF STATUTE OF LIMITATIONS WHILE SUMMONS FOR FOREIGN BASED RECORDS IS PENDING. Section 6503 of the Internal Revenue Code of 1986 (relating to suspension of running of period of limitation) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(l) Suspension While Summons for Records of Foreign Account, Entity, or Transaction Is Pending.-- ``(1) In general.--If any summons is issued by the Secretary to a taxpayer (or to any other person to whom the taxpayer has transferred records) with respect to a return of tax by such taxpayer, and such summons requires the production of records relating to an account, entity, or transaction involving a foreign jurisdiction, the running of any period of limitations under section 6501 on the assessment of such tax shall be suspended during any judicial enforcement period (as defined in subsection (j)(3)) with respect to such summons and for 120 days thereafter. This subsection shall not apply to a summons for the production of records relating to a foreign entity the ownership interests in which are regularly traded on an established securities market designated by the Secretary for purposes of this subsection. ``(2) Specific application.--Except as provided in the last sentence of paragraph (1), this subsection shall apply in any case where the summons referred to in paragraph (1) relates to-- ``(A) a financial account, or an entity (including a trust, corporation, limited liability company, partnership, or foundation), formed, located, domiciled or operating in a foreign jurisdiction, or ``(B) a case in which the taxpayer directly or indirectly transferred money or other property to, or received money or property from, such an account or entity or any other person in a foreign jurisdiction.''. SEC. 3. EXTENSION OF STATUTE OF LIMITATIONS DURING FAILURE TO NOTIFY SECRETARY OF CERTAIN FOREIGN TRANSFERS. Section 6501(c)(8) of the Internal Revenue Code of 1986 (relating to failure to notify Secretary of certain foreign transfers) is amended by striking ``event'' and inserting ``tax return''. SEC. 4. EXCEPTION TO STATUTE OF LIMITATIONS ON COLLECTION IN CASE OF ATTEMPT TO EVADE COLLECTION. Section 6502 of the Internal Revenue Code of 1986 (relating to collection after assessment) is amended by adding at the end the following new subsection: ``(c) Exception in Case of Attempt to Evade Payment.--In a case of a willful attempt in any manner to evade or defeat the payment of any tax that has been assessed under this title, the time for collection of such tax by levy or by a proceeding in court shall not expire before the date which is 10 years after such attempt.''. SEC. 5. EFFECTIVE DATES. (a) In General.--The amendments made by this Act (other than section 4) shall apply to-- (1) returns filed after the date of the enactment of this Act; and (2) returns filed on or before such date if the period specified in section 6501 of the Internal Revenue Code of 1986 (determined without regard to such amendments) for assessment of such taxes has not expired as of such date. (b) Collections.--The amendment made by section 4 shall apply to-- (1) assessments made after the date of the enactment of this Act; and (2) assessments made on or before such date if the period specified in section 6502 of the Internal Revenue Code of 1986 (determined without regard to such amendment) for collection of such taxes has not expired as of such date.

Amends the Internal Revenue Code to: (1) establish a six year limitation period on assessment and collection of tax for tax returns involving offshore secrecy jurisdictions (defined as foreign jurisdictions which unreasonably restrict information required to enforce U.S. tax laws and which have ineffective information exchange practices); (2) suspend the limitation period for assessment and collection of tax while a summons for tax records involving a foreign jurisdiction is pending; (3) extend the limitation period during any failure by a taxpayer to give notice of certain foreign transactions; and (4) extend the period for collection of tax after assessment in the case of a willful attempt to evade or defeat payment of tax to 10 years after such attempt.

A bill to amend the Internal Revenue Code of 1986 to double the period of limitations for returns involving offshore secrecy jurisdictions, to modify certain other provisions relating to the statute of limitations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Common Access Card Act of 2015''. SEC. 2. SECURE MEDICARE CARD PILOT PROGRAM. (a) Pilot Program Implementation (Phase I).-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall conduct a pilot program under title XVIII of the Social Security Act for the purpose of utilizing smart card technology for Medicare beneficiary identification cards in order to-- (A) increase the quality of care furnished to Medicare beneficiaries; (B) improve the accuracy and efficiency in the billing for Medicare items and services; (C) reduce the potential for identity theft and other unlawful use of Medicare beneficiary identifying information; and (D) reduce waste, fraud, and abuse in the Medicare program. (2) Site requirements.-- (A) In general.--The Secretary shall conduct the pilot program in at least 3 areas in which the Secretary determines there is a high risk for waste and abuse. (B) Priority in timing of distribution of cards.-- In each site selected by the Secretary under subparagraph (A), the Secretary shall give priority in the provision of the identification cards to Medicare beneficiaries who self-identify that their personal identity and health information has previously been compromised. (3) Design of pilot program.--In designing the pilot program, the Secretary shall provide for the following: (A) Implementation of a system that utilizes a smart card as a Medicare identification card for Medicare beneficiaries. Such a card shall contain appropriate security features and protect personal privacy. (B) Issuance of a new smart card to all Medicare beneficiaries participating in the pilot program. Such card shall have the Medicare identification number of the Medicare beneficiary stored securely on the smart card chip along with other information the Secretary deems necessary. (C) A process under which the cards issued under subparagraph (B) are used by both Medicare beneficiaries and Medicare providers to verify eligibility, prevent fraud, and authorize transactions. (D) Regular monitoring and review by the Secretary of Medicare providers' Medicare billings and Medicare beneficiaries' Medicare records in order to identify and address inaccurate charges and instances of waste, fraud, or abuse. (E) Reporting mechanisms for measuring the cost savings to the Medicare program by reason of the pilot program. (F) Include provisions-- (i) to ensure that all devices and systems utilized as part of the pilot program comply with standards for identity credentials developed by the American National Standards Institute and the National Institute of Standards and Technology and Federal requirements relating to interoperability and information security, including all requirements under the Health Insurance Portability and Accountability Act of 1996; (ii) to ensure that a Medicare beneficiary's personal identifying, health, and other information is protected from unauthorized access or disclosure through the use of at least two-factor authentication; (iii) for the development of procedures and guidelines for the use of identification cards, card readers, kiosks, and other equipment to verify a Medicare beneficiary's identity and eligibility for services; (iv) to ensure that each Medicare beneficiary participating in the pilot program is informed of-- (I) the purpose of the program; (II) the processes for capturing, enrolling, and verifying their eligibility; and (III) the steps that will be taken to protect personal identifying, health, and other information from unauthorized access and disclosure; (v) for addressing problems related to the loss, theft, or malfunction of or damage to equipment and any identifying documents or materials provided by the Secretary; (vi) for development of a hotline or other means by which Medicare beneficiaries can contact the Secretary for assistance; and (vii) for addressing problems related to accessing care outside the pilot area and cases where the individual faces issues related to physical or other capacity limitations. (4) Privacy.--Information on the smart card shall only be disclosed if the disclosure of such information is permitted under the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (5) Disclosure exemption.--Information on the smart card shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. (b) Expanded Implementation (Phase II).--Taking into account the interim report under subsection (d)(2) the Secretary shall, through rulemaking, expand the duration and the scope of the pilot program, to the extent determined appropriate by the Secretary. (c) Waiver Authority.--The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the pilot program. (d) Reports to Congress.-- (1) Plan.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report that contains a description of the design and development of the pilot program, including the Secretary's plan for implementation. (2) Additional report.--Not later than 2 years after the date that the pilot program is first implemented, the Secretary shall submit to Congress a report on the pilot program. Such report shall contain-- (A) a detailed description of issues related to the expansion of the program under subsection (b); (B) recommendations for such legislation and administrative actions as the Secretary considers appropriate for implementation of the program on a nationwide basis; and (C) a justification for each recommendation described in subparagraph (B). (e) Definitions.--In this section: (1) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title. (2) Medicare program.--The term ``Medicare program'' means the health benefits program under title XVIII of the Social Security Act. (3) Medicare provider.--The term ``Medicare provider'' means a provider of services (as defined in subsection (u) of section 1861 of the Social Security Act (42 U.S.C. 1395x)) and a supplier (as defined in subsection (d) of such section), including a supplier of durable medical equipment and supplies. (4) Pilot program.--The term ``pilot program'' means the pilot program conducted under this section. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Smart card.--The term ``smart card'' means a secure, electronic, machine readable, fraud-resistant, tamper-resistant card that includes an embedded integrated circuit chip with a secure micro-controller.

Medicare Common Access Card Act of 2015 This bill establishes a pilot program under title XVIII (Medicare) of the Social Security Act for the purpose of utilizing smart card technology for Medicare beneficiary identification cards. A “smart card” is a secure, electronic, machine readable, fraud-resistant, tamper-resistant card that includes an embedded integrated circuit chip with a secure micro-controller. The Centers for Medicare & Medicaid Services (CMS) must conduct the pilot program in at least three areas in which there is a high risk for waste and abuse, and must give priority in the provision of cards to Medicare beneficiaries who self-identify as individuals whose personal identity and health information has previously been compromised. In designing the program, CMS must include, among other provisions: (1) regular monitoring and review of Medicare billings and records in order to identify and address inaccurate changes and instances of waste, fraud, or abuse; and (2) reporting mechanisms for measuring Medicare cost savings attributable to the pilot program. CMS must report to Congress on issues and recommendations related the pilot program within two years of program implementation.

Medicare Common Access Card Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rubbish to Renewables Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) municipal solid waste, a plentiful resource, can be a substantial source of clean, renewable energy; (2) by collecting methane produced by landfills and converting the methane into productive energy, landfills can contribute significantly to the reduction of greenhouse gas emissions; (3) clean energy policy of the United States should fully recognize and support the ability of landfills to provide clean energy and contribute to the reduction of greenhouse gas emissions; (4) further investment is needed to promote new technologies and develop new processes for the conversion of municipal solid waste into clean, renewable energy; and (5) investment in municipal solid waste clean energy projects can create jobs, reduce greenhouse gas emissions, and lessen the dependence of the United States on foreign oil. SEC. 3. DEFINITIONS. In this Act: (1) Eligible project.-- (A) In general.--The term ``eligible project'' means a project carried out to produce clean, renewable energy from municipal solid waste (including from methane generated from a municipal solid waste landfill) that reduces greenhouse gas emissions substantially more than the flaring of landfill gas, as determined by the Secretary. (B) Inclusions.--The term ``eligible project'' includes projects described in subparagraph (A) that use technologies such as anaerobic digestion, plasma arc, or thermal gasification (including pyrolysis). (C) Exclusions.--The term ``eligible project'' does not include a project described in subparagraph (A) that uses an oxidizing technology, such as combustion or incineration. (2) Greenhouse gas.--The term ``greenhouse gas'' means any of-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) sulfur hexafluoride; (E) a perfluorocarbon; or (F) a hydrofluorocarbon. (3) Municipal solid waste.-- (A) In general.--The term ``municipal solid waste'' means-- (i) material discarded for disposal by-- (I) households (including single and multifamily residences); and (II) public lodgings, such as hotels and motels; and (ii) material discarded for disposal that was generated by commercial, institutional, and industrial sources, to the extent that the material-- (I)(aa) is essentially the same as material described in clause (i); or (bb) is collected or disposed of with material described in clause (i) as part of a normal municipal solid waste collection service; and (II) is not subject to regulation as a hazardous waste under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.). (B) Inclusions.--The term ``municipal solid waste'' includes-- (i) appliances; (ii) clothing; (iii) consumer product packaging; (iv) cosmetics; (v) debris resulting from construction, remodeling, repair, or demolition of a structure; (vi) disposable diapers; (vii) food containers made of glass or metal; (viii) food waste; (ix) household hazardous waste; (x) office supplies; (xi) paper; and (xii) yard waste. (C) Exclusions.--The term ``municipal solid waste'' does not include-- (i) solid waste identified or listed as a hazardous waste under section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921), except for household hazardous waste; (ii) solid waste, including 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, 9606); (II) a response action taken under a State law with authorities comparable to the authorities contained in either of those sections; or (III) a corrective action taken under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (iii) recyclable material-- (I) that has been separated, at the source of the material, from waste destined for disposal; or (II) that has been managed separately from waste destined for disposal, including scrap rubber to be used as a fuel source; (iv) a material or product returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible potential reuse; (v) solid waste that is-- (I) generated by an industrial facility; and (II) transported for the purpose of treatment, storage, or disposal to a facility (which facility is in compliance with applicable State and local land use and zoning laws and regulations) or facility unit-- (aa) that is owned or operated by the generator of the waste; (bb) that is located on property owned by the generator of the waste or a company with which the generator is affiliated; or (cc) the capacity of which is contractually dedicated exclusively to a specific generator; (vi) medical waste that is segregated from or not mixed with solid waste; or (vii) combustion ash generated by a resource recovery facility or municipal incinerator. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (5) Solid waste.--The term ``solid waste'' has the meaning given the term in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903). SEC. 4. GRANTS FOR DEVELOPMENT AND IMPLEMENTATION. (a) Establishment.--The Secretary shall establish a program under which the Secretary shall provide grants to eligible entities (as identified by the Secretary) for use in funding eligible projects-- (1) to position the United States as a world leader in technologies that generate renewable energy from municipal solid waste; (2) to assist entities in the United States in developing and implementing those technologies; (3) to generate clean energy jobs; (4) to reduce greenhouse gas emissions; and (5) to conserve scarce landfill space. (b) Application.--An entity that seeks to receive a grant under this section shall submit to the Secretary an application at such time and containing such information as the Secretary shall require. (c) Maximum Amount of Grant.--A grant provided by the Secretary to an eligible entity under this section shall not exceed $10,000,000. (d) Priority.--In providing grants under this section, the Secretary shall prioritize grant applications based on, with respect to project proposed to be carried out in the application-- (1) the quantity of renewable energy the project would generate; (2) the quantity of greenhouse gas emission reductions over and above current best available technology; (3) whether the technology required for the proposed project is not yet widely implemented in the United States; (4) whether the technology has a high potential for replication; (5) the quantity of landfill space the project would preserve; and (6) the number of jobs that would be created. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $250,000,000 for each of fiscal years 2010 through 2013. SEC. 5. REDUCING GREENHOUSE GAS EMISSIONS THROUGH LANDFILLS. (a) Additionality.--Under any legislation enacted after the date of enactment of this Act to regulate the emission of greenhouse gases that includes a cap-and-trade system, a landfill gas control measure that reduces the emission of a greenhouse gas at a level greater than required under Federal, State, or local laws (including regulations) used for that reduction shall be considered to meet additionality criteria under that legislation. (b) Domestic Offsets.--If a landfill gas control measure described in subsection (a) meets criteria under legislation described in that subsection to qualify as a domestic offset, the domestic offset shall be at a level that is equal to the quantity of greenhouse gases emitted that is less than the baseline quantity of the greenhouse gases emitted.

Rubbish to Renewables Act of 2009 - Directs the Secretary of Energy to establish a grant program to fund projects to develop and implement technologies to generate renewable energy from municipal solid waste, generate clean energy jobs, reduce greenhouse gas emissions, and conserve landfill space. Provides that a landfill gas control measure in cap-and-trade legislation enacted after the enactment of this Act that reduces greenhouse gas emissions at a level greater than required under federal, state, or local laws shall be considered to meet additionality criteria under that legislation.

A bill to direct the Secretary of Energy to establish a grant program to facilitate the production of clean, renewable energy from municipal solid waste, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detroit Growth and Stability Act of 2012''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The City of Detroit is an essential part of the Nation's economy and, in particular, the Nation's manufacturing sector. (2) Absent decisive action from the Federal Government, the City of Detroit risks bankruptcy and loan default. (3) A bankruptcy or default of the City of Detroit would have broad negative economic consequences on the State of Michigan and the Nation. SEC. 3. DEFINITIONS. In this Act: (1) The term ``city'' means the city of Detroit, Michigan. (2) The term ``State'' means the State of Michigan. (3) The term ``financing agent'' means any agency duly authorized by State law, and approved by the city, to act on behalf or in the interest of the city with respect to the city's financial affairs. (4) The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. LOANS. (a) In General.--Upon written request of a financing agent, the Secretary may make loans to such agent subject to the provisions of this Act and the city and such agent shall be jointly and severally liable thereon. (b) Maturity.--Each such loan shall mature not later than 30 years after the last day of the city's fiscal year in which it was made, and shall bear interest at an annual rate equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturities of such loan, as determined by the Secretary at the time of the loan. (c) Prepayment.--The Secretary may not charge any prepayment penalties with respect to any loan made under this Act. SEC. 5. SECURITY FOR LOANS. In connection with any loan made under this Act, the Secretary may require the city and a financing agent and, where the Secretary deems necessary, the State, to provide such security as the Secretary deems appropriate. The Secretary may take such steps as such Secretary deems necessary to realize upon any collateral in which the United States has a security interest pursuant to this section to enforce any claim the United States may have against the city or any financing agent pursuant to this Act. Notwithstanding any other provision of law, Acts making appropriations may provide for the withholding of any payments from the United States to the city, either directly or through the State, which may be or may become due pursuant to any law and offset the amount of such withheld payments against any claim the Secretary may have against the city or any financing agent pursuant to this Act. With respect to debts incurred pursuant to this Act, for the purposes of section 3466 of the Revised statutes (31 U.S.C. 181) the term ``person'' includes any financing agent. SEC. 6. LIMITATIONS. At no time shall the amount of loans outstanding under this Act exceed in the aggregate $500,000,000. SEC. 7. REMEDIES. The remedies of the Secretary prescribed in this Act shall be cumulative and not in limitation of or substitution for any other remedies available to the Secretary or the United States. SEC. 8. FUNDING. (a) Establishment of Fund.--There is hereby established in the Treasury a fund to be known as the ``City of Detroit Growth and Stability Fund'', which shall be administered by the Secretary. The fund shall be used for the purpose of making loans pursuant to this Act. There is authorized to be appropriated to such fund the sum of $500,000,000. (b) Administrative Costs.--There are authorized to be appropriated such sums as may be necessary to pay the expenses of administration of this Act. SEC. 9. INSPECTION OF DOCUMENTS. At any time a request for a loan is pending or a loan is outstanding under this Act, the Secretary is authorized to inspect and copy all accounts, books, records, memorandums, correspondence, and other documents of the city or any financing agent relating to its financial affairs. SEC. 10. AUDITS. No loan may be made under this Act for the benefit of any State or city unless the General Accounting Office is authorized to make such audits as may be deemed appropriate by either the Secretary or the General Accounting Office of all accounts, books, records, and transactions of the State, the political subdivision, if any, involved, and any agency or instrumentality of such State or political subdivision. The General Accounting Office shall report the results of any such audit to the Secretary and to the Congress. SEC. 11. TERMINATION. The authority of the Secretary to make any loan under this Act terminates on January 1, 2016. Such termination does not affect the carrying out of any transaction entered into pursuant to this Act prior to that date, or the taking of any action necessary to preserve or protect the interests of the United States arising out of any loan under this Act.

Detroit Growth and Stability Act of 2012 - Authorizes the Secretary of the Treasury to: (1) make loans to a financing agent authorized by the state of Michigan to act on behalf of the city of Detroit, Michigan, for which the financing agent and the city shall be jointly and severally liable; and (2) require the city and the financing agent to provide security for such loans. Limits the aggregate amount of loans outstanding to $500 million. Terminates the authority of the Secretary to make such loans on January 1, 2016. Establishes in the Treasury the City of Detroit Growth and Stability Fund for purposes of making such loans.

To authorize the Secretary of the Treasury to provide growth and stability funding for the city of Detroit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Tunnel Prevention Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) Trafficking and smuggling organizations are intensifying their efforts to enter the United States through tunnels and other subterranean passages between Mexico and the United States. (2) Border tunnels are most often used to transport narcotics from Mexico to the United States, but can also be used to transport people and other contraband. (3) From Fiscal Year 1990 to Fiscal Year 2011, law enforcement authorities discovered 149 cross-border tunnels along the border between Mexico and the United States, 139 of which have been discovered since Fiscal Year 2001. There has been a dramatic increase in the number of cross-border tunnels discovered in Arizona and California since Fiscal Year 2006, with 40 tunnels discovered in California and 74 tunnels discovered in Arizona. (4) Section 551 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295) added a new section to title 18, United States Code (18 U.S.C. 555), which-- (A) criminalizes the construction or financing of an unauthorized tunnel or subterranean passage across an international border into the United States; and (B) prohibits any person from recklessly permitting others to construct or use an unauthorized tunnel or subterranean passage on the person's land. (5) Any person convicted of using a tunnel or subterranean passage to smuggle aliens, weapons, drugs, terrorists, or illegal goods is subject to an enhanced sentence for the underlying offense. Additional sentence enhancements would further deter tunnel activities and increase prosecutorial options. SEC. 3. ATTEMPT OR CONSPIRACY TO USE, CONSTRUCT, OR FINANCE A BORDER TUNNEL. Section 555 of title 18, United States Code, is amended by adding at the end the following: ``(d) Any person who attempts or conspires to commit any offense under subsection (a) or subsection (c) of this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.''. SEC. 4. AUTHORIZATION FOR INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS. Section 2516(1)(c) of title 18, United States Code, is amended by inserting ``, section 555 (relating to construction or use of international border tunnels)'' before the semicolon at the end. SEC. 5. FORFEITURE. Section 982(a)(2)(B) of title 18, United States Code, is amended by inserting ``555,'' after ``545,''. SEC. 6. MONEY LAUNDERING DESIGNATION. Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting ``section 555 (relating to border tunnels),'' after ``section 554 (relating to smuggling goods from the United States),''. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that-- (1) success in combating the construction and use of cross- border tunnels requires cooperation between Federal, State, local, and tribal officials and assistance from private land owners and tenants across the border between Mexico and the United States; (2) the Department of Homeland Security is currently engaging in outreach efforts in California to certain landowners and tenants along the border to educate them about cross-border tunnels and seek their assistance in combating their construction; and (3) the Department should continue its outreach efforts to both private and governmental landowners and tenants in areas along the border between Mexico and the United States with a high rate of cross-border tunnels. SEC. 8. REPORT. (a) In General.--The Secretary of Homeland Security shall submit an annual report to the congressional committees set forth in subsection (b) that includes a description of-- (1) the cross-border tunnels along the border between Mexico and the United States discovered during the preceding fiscal year; and (2) the needs of the Department of Homeland Security to effectively prevent, investigate and prosecute border tunnel construction along the border between Mexico and the United States. (b) Congressional Committees.--The congressional committees set forth in this subsection are-- (1) the Committee on Homeland Security and Governmental Affairs of the Senate; (2) the Committee on the Judiciary of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Homeland Security of the House of Representatives; (5) the Committee on the Judiciary of the House of Representatives; and (6) the Committee on Appropriations of the House of Representatives. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Border Tunnel Prevention Act of 2012 - Amends the federal criminal code to: (1) subject anyone who attempts or conspires to construct or finance construction of an unauthorized tunnel or subterranean passage that crosses the international border between the United States and another country, or to use such a tunnel for smuggling, to the penalties prescribed for someone who commits such an offense; (2) make such a border tunnel offense a predicate offense for a money laundering violation and for authorization for interception of wire, oral, or electronic communications; and (3) provide for the criminal forfeiture of proceeds of such an offense and the seizure and forfeiture of merchandise introduced into the United States through such a tunnel. Expresses the sense of Congress that the Department of Homeland Security (DHS) should continue outreach efforts to educate landowners and tenants in areas along the border between Mexico and the United States about cross-border tunnels and seek their assistance in combating tunnel construction. Requires the Secretary of Homeland Security to submit an annual report describing: (1) cross-border tunnels along the U.S.-Mexico border discovered during the preceding fiscal year; and (2) the needs of DHS to effectively prevent, investigate, and prosecute construction of such tunnels.

To reduce the trafficking of drugs and to prevent human smuggling across the Southwest Border by deterring the construction and use of border tunnels.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fire Safety and Prevention Education Act''. SEC. 2. FINDINGS. Congress finds that-- (1) fire losses in the United States are estimated at 5,000 deaths and 29,000 injuries annually, producing an economic loss conservatively estimated at $10,000,000,000 per year, plus more than $1,000,000,000 a year in health care costs; (2) sustained and targeted fire safety and prevention education at the State and local levels, particularly in identifiable high-risk populations, produces dramatic results in preventing fires, fire deaths, and dollar losses from fire; (3) in recent years, the fire safety and prevention education budgets of fire departments in the United States have been cut dramatically or, in many cases, eliminated; (4) there is a need to expand the availability of State and local fire safety and prevention education programs and supporting resources and materials to help State agencies and local fire departments in carrying out effective public education; (5) fire departments in other countries with fewer fire deaths per capita than the United States spend an average of 4 to 10 percent of the budgets of the departments on fire prevention, versus less than 3 percent for United States fire departments; and (6) only by accurately collecting and analyzing data on fire deaths, injuries, and dollar losses can United States fire departments target the populations and regions where educational efforts are most needed to create a more efficient and effective use of resources. SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Fire Administration. (2) Eligible entity.--The term ``eligible entity'' means the office of the State fire marshal for a State or an equivalent State office having primary responsibility for fire safety and prevention in the State. (3) Fire safety and prevention education program.--The term ``fire safety and prevention education program'' means a program that includes publications, audiovisual presentations, or demonstrations, concerning fire safety and prevention. (4) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. SEC. 4. FIRE SAFETY AND PREVENTION EDUCATION. (a) Authority.--The Administrator may enter into a contract or cooperative agreement with, or make a grant to, an eligible entity in order to obtain and distribute, at the State and local level, fire safety and prevention education programs and supporting educational resources. (b) Use of Funds.--Of the amounts received by an eligible entity under subsection (a)-- (1) not more than 25 percent may be used for statewide fire safety and prevention education programs; (2) not more than 25 percent may be used to implement new regional or local fire safety and prevention education programs targeting high-risk populations; and (3) not less than 50 percent shall be used for awards, of not more than $10,000 each, for regional or local fire safety and prevention education programs, in existence on the day before the date of receipt of the amounts, that have been demonstrated to be effective in preventing fires, fire deaths and injuries, and dollar losses from fire. SEC. 5. DATA COLLECTION. The Administrator may enter into a contract or cooperative agreement with, or make a grant to, a State for the purpose of implementing the revised National Fire Incident Reporting System at the National Fire Data Center, established under section 9 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2208), to improve and enhance the collection and analysis of fire data at the State and local levels. SEC. 6. APPLICATIONS. Each eligible entity or State desiring a contract, cooperative agreement, or grant under this Act shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. SEC. 7. REPORTS AND EVALUATION. (a) Annual Report to Administrator.--An eligible entity receiving funds under section 4 shall prepare and submit to the Administrator an annual report that contains such information as the Administrator may require. At a minimum, the report shall describe each program activity undertaken with the funds, including a description of-- (1) any fire safety and prevention education program that has been developed directly or indirectly by the eligible entity and the target population of the program; (2) any support material that has been obtained and the method by which the material is distributed; and (3) any initiative undertaken by the entity to develop a public-private partnership to secure non-Federal support for the development or distribution of a program or material in furtherance of this Act. (b) Report to Congress.--The Administrator shall prepare and submit an annual report to Congress, including a description of each fire safety and prevention education program undertaken and any material developed or distributed by each eligible entity receiving funds under section 4. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Fire Safety and Prevention Education.--There are authorized to be appropriated to carry out section 4 $10,000,000 for each of fiscal years 1996 and 1997, of which not more than $500,000 may be spent for any fiscal year on administrative costs. (b) Data Collection.--There are authorized to be appropriated to carry out section 5 $2,500,000 for fiscal year 1995, of which not more than $300,000 shall be spent on administrative costs. (c) Availability.--Amounts made available pursuant to subsection (a) or (b) shall remain available until expended.

Fire Safety and Prevention Education Act - Authorizes the Administrator of the United States Fire Administration to enter into a contract or cooperative agreement with, or make a grant to, an entity to obtain and distribute, at the State and local level, fire safety and prevention education programs and supporting educational resources. Authorizes the Administrator to enter into a contract or cooperative agreement with, or make a grant to, a State for the purpose of implementing the revised National Fire Incident Reporting System at the National Fire Data Center to improve the collection and analysis of fire data at the State and local levels. Authorizes appropriations.

Fire Safety and Prevention Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Year 2000 Readiness Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) Congressional hearings have documented that there are enormous national interest economic implications of the Year 2000 technology challenge for critical national infrastructures, including banking and finance, energy, telecommunications, transportation, and vital human services. (2) The private sector costs of year 2000 remediation are likely to be significant with the Board of Governors of the Federal Reserve System estimating, in recent congressional testimony, such costs at roughly $50,000,000,000. (3) Although critical national infrastructures are interdependent, with domestic and international banking operations heavily dependent on telecommunications and power infrastructures, there is neither a national nor an international framework for ensuring that all such infrastructures will be ready for the Year 2000. (4) In an April 1998 report to Congress entitled, ``Year 2000 Computing Crisis: Potential for Widespread Disruption Calls for Strong Leadership and Partnerships,'' the General Accounting Office recommended that the President's Council on Year 2000 Conversion quickly formulate a comprehensive picture of the Nation's Year 2000 readiness and establish an effective approach to promote public-private partnerships to resolve the Nation's Year 2000 crisis. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Year 2000 computer problem.--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. (2) Year 2000 Conversion Council.--The term ``Year 2000 Conversion Council'' means the President's Council on Year 2000 Conversion established under section 2 of Executive Order No. 13073, issued on February 4, 1998. SEC. 4. NATIONAL ASSESSMENT OF YEAR 2000 COMPUTER PROBLEM. Before the end of the 90-day period beginning on the date of the enactment of this Act, the Chairperson of the Year 2000 Conversion Council shall submit to the Congress a national assessment of the Year 2000 computer problem covering all critical national infrastructures and key sectors of the economy, including banking and finance, energy, telecommunications, transportation, and vital human services which protect the public health and safety, water supply, and environment. SEC. 5. NATIONAL STRATEGY TO ADDRESS YEAR 2000 COMPUTER PROBLEM. (a) In General.--Consistent with the spirit of the Government Performance and Results Act of 1993, the Chairperson of the Year 2000 Conversion Council shall prepare, and submit to the Congress with the assessment required under section 4, a national strategy to ensure that the most critical services provided by Federal, State, and local governments as well as key sectors of the economy will be prepared for the Year 2000 date change, including the sectors involved in the provision of banking and financial services (especially financial services involving Federal and State payments to individuals and access to individual transaction accounts at financial institutions), the provision and distribution of power and fuel, the provision of telecommunication and transportation services, and the sectors which are involved in or have an impact on the public health and safety, water supply, and environment. (b) Personnel.-- (1) In general.--In preparing the strategy, the Chairperson of the Year 2000 Conversion Council shall include a plan for ensuring the availability of an adequate supply of technical personnel to remedy the Year 2000 computer problem in the private sector as well as the Federal Government before December 31, 1999, and, in formulating such plan, shall make recommendations relating to any need to raise immigrant visa ceilings under the Immigration and Nationality Act for such purpose. (2) Consideration of need for federal technology information service.--In preparing the plan under paragraph (1), the Chairperson of the Year 2000 Conversion Council shall-- (A) make recommendations relating to the capacity of the Federal Government to attract and retain individuals of high-quality technology competence; (B) consider whether a Federal technology information service should be established in a form similar to the Senior Executive Service; and (C) submit a report on the findings and conclusions of the Chairperson to the Congress before the end of the 6-month period beginning on the date of the enactment of this Act. (c) Efforts at International Financial Institutions to Solve Year 2000 Computer Problem.--In preparing the strategy, the Chairperson of the Year 2000 Conversion Council, in consultation with the Chairman of the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, shall include-- (1) the goals and strategies the United States will pursue at the Bank for International Settlements, the Group of Ten Industrialized Nations, the European Union, and elsewhere to encourage an international effort to ensure readiness for the Year 2000 at banks and other financial institutions; and (2) the initiatives which the representatives of the United States to the International Monetary Fund, International Bank for Development and Reconstruction, and other international development banks are taking to engage such institutions in providing funding or technical assistance to developing countries for remedying the Year 2000 computer problem in such countries. SEC. 6. QUARTERLY PROGRESS REPORTS REQUIRED. (a) In General.--Beginning after the submission of the report on the national assessment and strategy under sections 4 and 5, the Chairperson of the Year 2000 Conversion Council shall submit a quarterly report to the Congress on the progress that has been made since the submission of the prior report in solving the Year 2000 computer problem in all critical infrastructures and key sectors of the economy and in developing a contingency plan. (b) Final Report.--The final report submitted under subsection (a) shall assess the ongoing Year 2000 and other date-related problems that will occur in the future as temporary Year 2000 renovations lapse or other fail dates occur in computer systems. (c) Sunset.--No reports shall be required under subsection (a) after December 31, 2001. SEC. 7. REVISION OF FEDERAL ACQUISITION REGULATION TO PROVIDE FOR CERTAIN PENALTIES FOR CONTRACTORS THAT VIOLATE YEAR 2000 REQUIREMENT. In the case of any person who enters into a contract with a Federal agency, and who knowingly provides goods or services to the agency under the contract that are not Year 2000 compliant (as that term is defined in section 39.002 of the Federal Acquisition Regulation, as adopted on August 22, 1997), the Federal Acquisition Regulation may be revised to provide for an appropriate period for which such person shall not be eligible for award of any contract by any Federal agency. Any restrictions developed pursuant to this section may, at the discretion of the applicable Federal agency, be waived if the new goods or services are Year 2000 compliant.

National Year 2000 Readiness Act - Directs the Chairperson of the Year 2000 Conversion Council to submit to the Congress: (1) a national assessment of the Year 2000 computer problem covering all critical national infrastructures and key sectors of the economy; and (2) a national strategy to ensure that the most critical services provided by the Federal, State, and local governments as well as key sectors of the economy will be prepared for the Year 2000 date change. Requires the Chairperson, in preparing the strategy, to: (1) include a plan for ensuring the availability of an adequate supply of technical personnel to remedy the Year 2000 computer problem in the private sector as well as the Federal Government before December 31, 1999; and (2) in formulating such plan, make recommendations relating to any need to raise immigrant visa ceilings under the Immigration and Nationality Act for such purpose. Requires the Chairperson, in preparing such plan, to: (1) make recommendations relating to the capacity of the Federal Government to attract and retain individuals of high-quality technology competence; and (2) consider whether a Federal technology information service should be established in a form similar to the Senior Executive Service. Directs the Chairperson, in preparing the strategy, to include: (1) the goals and strategies the United States will pursue at the Bank for International Settlements, the Group of Ten Industrialized Nations, the European Union, and elsewhere to encourage an international effort to ensure readiness for the Year 2000 at banks and other financial institutions; and (2) the initiatives which U.S. representatives to the International Monetary Fund, the International Bank for Development and Reconstruction, and other international development banks are taking to engage such institutions in providing funding or technical assistance to developing countries for remedying the Year 2000 computer problem. Requires the submission of quarterly progress reports after the submission of the report on the national assessment and strategy. Permits the revision of the Federal Acquisition Regulation to provide for an appropriate period for which contractors who knowingly provide goods or services to Federal agencies that are not Year 2000 compliant shall be ineligible for award of any Federal contract. Permits waiver of any restrictions developed pursuant to the revision of such Regulation, at the discretion of the applicable Federal agency, if the new goods or services are Year 2000 compliant.

National Year 2000 Readiness Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Park Service Authorities and Corrections Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--NATIONAL PARK SERVICE AUTHORIZATIONS Sec. 101. National Park System Advisory Board. Sec. 102. National Park Service Concessions Management Advisory Board. Sec. 103. National Park System uniform penalties. Sec. 104. Volunteers in the parks. TITLE II--PEARL HARBOR TICKETING Sec. 201. Definitions. Sec. 202. Facilitation of admission to historic attractions within Pearl Harbor Naval Complex. Sec. 203. Protection of resources. TITLE III--CHANGES TO NATIONAL PARK UNITS Sec. 301. George Washington Memorial Parkway. Sec. 302. District of Columbia snow removal. Sec. 303. Martin Luther King, Jr. National Historical Park. Sec. 304. Lava Beds National Monument Wilderness boundary adjustment. TITLE IV--TECHNICAL CORRECTIONS Sec. 401. Baltimore National Heritage Area. Sec. 402. Muscle Shoals National Heritage Area. Sec. 403. Snake River headwaters. Sec. 404. Taunton River. Sec. 405. Cumberland Island National Seashore. Sec. 406. Niagara Falls National Heritage Area. TITLE I--NATIONAL PARK SERVICE AUTHORIZATIONS SEC. 101. NATIONAL PARK SYSTEM ADVISORY BOARD. Section 3(f) of the Act entitled, ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 463(f)), is amended in the first sentence by striking ``2010'' and inserting ``2020''. SEC. 102. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT ADVISORY BOARD. Section 409(d) of the National Park Service Concessions Management Improvement Act of 1998 (Public Law 105-391) is amended by striking ``2009'' and inserting ``2019''. SEC. 103. NATIONAL PARK SYSTEM UNIFORM PENALTIES. (a) Fines and Imprisonment.--The first section of the Act entitled, ``An Act to provide for the protection of national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials under the control of the War Department'', approved March 2, 1933 (47 Stat. 1420, ch. 180), is amended by striking ``such fine and imprisonment.'' and inserting ``such fine and imprisonment; except if the violation occurs within a park, site, monument, or memorial that is part of the National Park System, where violations shall be subject to the penalty provision set forth in section 3 of the Act of August 25, 1916 (16 U.S.C. 3; commonly known as the `National Park Service Organic Act') and section 3571 of title 18, United States Code.''. (b) Cost of Proceedings.--Section 2(k) of the Act entitled, ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 462(k)), is amended by striking ``cost of the proceedings.'' and inserting ``cost of the proceedings; except if the violation occurs within an area that is part of the National Park System, where violations shall be subject to the penalty provision set forth in section 3 of the Act of August 25, 1916 (16 U.S.C. 3; commonly known as the `National Park Service Organic Act'), and section 3571 of title 18, United States Code.''. SEC. 104. VOLUNTEERS IN THE PARKS. Section 4 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18j) is amended by striking ``$3,500,000'' and inserting ``$10,000,000''. TITLE II--PEARL HARBOR TICKETING SEC. 201. DEFINITIONS. In this title: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Pearl harbor historic site.--The term ``Pearl Harbor historic site'' means a historic attraction within the Pearl Harbor Naval Complex, including the USS Bowfin Submarine Museum and Park, the Battleship Missouri Memorial, the Pacific Aviation Museum--Pearl Harbor, and any other historic attraction that the Secretary identifies as a Pearl Harbor historic site and that is not administered or managed by the Secretary. (3) Visitor center.--The term ``visitor center'' means the visitor center located within the Pearl Harbor Naval Complex on lands that are within the World War II Valor in the Pacific National Monument and managed by the Secretary through the National Park Service. SEC. 202. FACILITATION OF ADMISSION TO HISTORIC ATTRACTIONS WITHIN PEARL HARBOR NAVAL COMPLEX. (a) In General.--The Secretary, in managing the World War II Valor in the Pacific National Monument, may enter into an agreement with the nonprofit organizations or other legally recognized entities that are authorized to administer or manage a Pearl Harbor historic site-- (1) to allow visitors to a Pearl Harbor historic site to gain access to the site by passing through security screening at the Visitor Center; and (2) to allow the sale of tickets to a Pearl Harbor historic site within the Visitor Center by employees of the National Park Service or by organizations that administer or manage a Pearl Harbor historic site. (b) Terms and Conditions.--In any agreement entered into pursuant to this title, the Secretary-- (1) shall require the organization administering or managing a Pearl Harbor historic site to pay to the Secretary a reasonable fee to recover administrative costs associated with the use of the Visitor Center for public access and ticket sales, the proceeds of which shall remain available, without further appropriation, for use by the National Park Service at the World War II Valor in the Pacific National Monument; (2) shall ensure the limited liability of the United States arising from the admission of the public through the Visitor Center to a Pearl Harbor historic site and the sale or issuance of any tickets to the site; and (3) may include any other terms and conditions the Secretary deems appropriate. (c) Limitation of Authority.--Under this title, the Secretary shall have no authority-- (1) to regulate or approve the rates for admission to an attraction within the Pearl Harbor historic site; (2) to regulate or manage any visitor services of any historic sites within the Pearl Harbor Naval Complex other than at those sites managed by the National Park Service as part of World War II Valor in the Pacific National Monument; or (3) to charge an entrance fee for admission to the World War II Valor in the Pacific National Monument. SEC. 203. PROTECTION OF RESOURCES. Nothing in this title authorizes the Secretary or any organization that administers or manages a Pearl Harbor historic site to take any action in derogation of the preservation and protection of the values and resources of the World War II Valor in the Pacific National Monument. TITLE III--CHANGES TO NATIONAL PARK UNITS SEC. 301. GEORGE WASHINGTON MEMORIAL PARKWAY. (a) Purpose.--The purpose of this section is to authorize, direct, facilitate, and expedite the transfer of administrative jurisdiction of certain Federal land in accordance with the terms and conditions of this section. (b) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Research center.--The term ``Research Center'' means the Federal Highway Administration's Turner-Fairbank Highway Research Center. (3) Farm.--The term ``Farm'' means the Claude Moore Colonial Farm. (4) Map.--The term ``Map'' means the map titled ``GWMP-- Claude Moore Proposed Boundary Adjustment'', numbered 850/ 82003, and dated April 2004. The map shall be available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (c) Administrative Jurisdiction Transfer.-- (1) Transfer of jurisdiction.-- (A) In general.--The Secretary and the Secretary of Transportation are authorized to transfer administrative jurisdiction for approximately 0.342 acre of land under the jurisdiction of the Department of the Interior within the boundary of the George Washington Memorial Parkway, generally depicted as ``B'' on the Map, for approximately 0.479 acre within the boundary of the Research Center land under the jurisdiction of the Department of Transportation adjacent to the boundary of the George Washington Memorial Parkway, generally depicted as ``A'' on the Map. (B) Use restriction.--The Secretary shall restrict the use of 0.139 acre of land within the boundary of the George Washington Memorial Parkway immediately adjacent to part of the north perimeter fence of the Research Center, generally depicted as ``C'' on the Map, by prohibiting the storage, construction, or installation of any item that may obstruct the view from the Research Center into the George Washington Memorial Parkway. (2) Reimbursement or consideration.--The transfer of administrative jurisdiction under this section shall occur without reimbursement or consideration. (3) Compliance with agreement.-- (A) Agreement.--The National Park Service and the Federal Highway Administration shall comply with all terms and conditions of the Agreement entered into by the parties on September 11, 2002, regarding the transfer of administrative jurisdiction, management, and maintenance of the lands discussed in the Agreement. (B) Access to land.--The Secretary shall allow the Research Center access to the land the Secretary restricts under paragraph (1)(B) for purposes of maintenance in accordance with National Park Service standards, which includes grass mowing and weed control, tree maintenance, fence maintenance, and visual appearance. No tree 6 inches or more in diameter shall be pruned or removed without the advance written permission of the Secretary. Any pesticide use must be approved in writing by the Secretary prior to application of the pesticide. (d) Management of Transferred Lands.-- (1) Interior land.--The land transferred to the Secretary under subsection (c)(1) shall be included in the boundaries of the George Washington Memorial Parkway and shall be administered by the National Park Service as part of the parkway subject to applicable laws and regulations. (2) Transportation land.--The land transferred to the Secretary of Transportation under subsection (c)(1) shall be included in the boundary of the Research Center and shall be removed from the boundary of the parkway. (3) Restricted-use land.--The land the Secretary has designated for restricted use under subsection (c)(1) shall be maintained by the Research Center. SEC. 302. DISTRICT OF COLUMBIA SNOW REMOVAL. Section 3 of the Act entitled, ``An Act Providing for the removal of snow and ice from the paved sidewalks of the District of Columbia'', approved September 16, 1922 (Sec. 9-603, D.C. Official Code), is amended to read as follows: ``Sec. 3. (a) It shall be the duty of a Federal agency to remove, or cause to be removed, snow, sleet, or ice from paved sidewalks and crosswalks within the fire limits of the District of Columbia that are-- ``(1) in front of or adjacent to buildings owned by the United States and under such Federal agency's jurisdiction; or ``(2) public thoroughfares in front of, around, or through public squares, reservations, or open spaces and that are owned by the United States and under such Federal agency's jurisdiction. ``(b) The snow, sleet, or ice removal required by subsection (a) shall occur within a reasonable time period after snow or sleet ceases to fall or after ice has accumulated. In the event that snow, sleet, or ice has hardened and cannot be removed, such Federal agency shall-- ``(1) make the paved sidewalks and crosswalks under its jurisdiction described in subsection (a) reasonably safe for travel by the application of sand, ashes, salt, or other acceptable materials; and ``(2) as soon as practicable, thoroughly remove the snow, sleet, or ice. ``(c)(1) The duty of a Federal agency described in subsections (a) and (b) may be delegated to another governmental or nongovernmental entity through a lease, contract, or other comparable arrangement. ``(2) If two or more Federal agencies have overlapping responsibility for the same sidewalk or crosswalk they may enter into an arrangement assigning responsibility.''. SEC. 303. MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK. (a) Amendments.--The Act entitled ``An Act to establish the Martin Luther King, Junior, National Historic Site in the State of Georgia, and for other purposes'', approved October 10, 1980 (Public Law 96-428; 94 Stat. 1839) is amended-- (1) in the first section, by striking ``the map entitled `Martin Luther King, Junior, National Historic Site Boundary Map', number 489/80,013B, and dated September 1992'' and inserting ``the map titled `Martin Luther King, Jr. National Historical Park', numbered 489/80,032, and dated April 2009''; (2) by striking ``Martin Luther King, Junior, National Historic Site'' each place it appears and inserting ``Martin Luther King, Jr. National Historical Park''; and (3) by striking ``historic site'' each place it appears and inserting ``historical park''. (b) References.--Any reference in any law (other than this Act), map, regulation, document, record, or other official paper of the United States to the ``Martin Luther King, Junior, National Historic Site'' shall be considered to be a reference to the ``Martin Luther King, Jr. National Historical Park''. SEC. 304. LAVA BEDS NATIONAL MONUMENT WILDERNESS BOUNDARY ADJUSTMENT. The first section of the Act of October 13, 1972 (Public Law 92- 493; 16 U.S.C. 1132 note), is amended in the first sentence-- (1) by striking ``That, in'' and inserting the following: ``Section 1. In''; and (2) by striking ``ten thousand acres'' and all that follows through the end of the sentence and inserting ``10,431 acres, as depicted within the proposed wilderness boundary on the map titled `Lava Beds National Monument, Proposed Wilderness Boundary Adjustment', numbered 147/80,015, and dated September 2005, and those lands within the area generally known as the `Schonchin Lava Flow', comprising approximately 18,029 acres, as depicted within the proposed wilderness boundary on the map, are designated as wilderness.''. TITLE IV--TECHNICAL CORRECTIONS SEC. 401. BALTIMORE NATIONAL HERITAGE AREA. The Omnibus Public Land Management Act of 2009 (Public Law 111-11) is amended-- (1) in sections 8005(b)(3) and 8005(b)(4) by striking ``Baltimore Heritage Area Association'' and inserting ``Baltimore City Heritage Area Association''; and (2) in section 8005(i) by striking ``Effectiveness'' and inserting ``Financial Assistance''. SEC. 402. MUSCLE SHOALS NATIONAL HERITAGE AREA. Section 8009(j) of the Omnibus Public Land Management Act of 2009 is amended by striking ``Effectiveness'' and inserting ``Financial Assistance''. SEC. 403. SNAKE RIVER HEADWATERS. Section 5002(c)(1) of the Omnibus Public Land Management Act of 2009 is amended by striking ``paragraph (205) of section 3(a)'' each place it appears and inserting ``paragraph (206) of section 3(a)''. SEC. 404. TAUNTON RIVER. Section 5003(b) of the Omnibus Public Land Management Act of 2009 is amended by striking ``section 3(a)(206)'' each place it appears and inserting ``section 3(a)(207)''. SEC. 405. CUMBERLAND ISLAND NATIONAL SEASHORE. Section 6(b) of the Act titled ``An Act to establish the Cumberland Island National Seashore in the State of Georgia, and for other purposes'' (Public Law 92-536) is amended by striking ``physiographic conditions not prevailing'' and inserting ``physiographic conditions now prevailing''. SEC. 406. NIAGARA FALLS NATIONAL HERITAGE AREA. Section 427(k) of the Consolidated Natural Resources Act of 2008 (Public Law 110-229) is amended by striking ``Except as provided for the leasing of administrative facilities under subsection (g)(1), the'' and inserting ``The''.

National Park Service Authorities and Corrections Act of 2009 - Title I: National Park Service Authorizations - (Sec. 101) Extends the National Park Service Advisory Board and the National Park Service Concessions Management Advisory Board until December 31, 2019. (Sec. 103) Revises specified current penalty provisions applicable to the National Park System to provide for the uniform application throughout the System of specified penalty provisions of the National Park Service Organic Act and the federal criminal code. (Sec. 104) Increases the amount that may be appropriated in any one year for the National Park Service (NPS) Volunteers-In-Parks Program. Title II: Pearl Harbor Ticketing - (Sec. 202) Authorizes the Secretary of the Interior, in managing the World War II Valor in the Pacific National Monument, to enter into an agreement with the organizations authorized to administer a Pearl Harbor historic site in Hawaii with respect to visitor access and the sale of tickets. Instructs the Secretary, with respect to any such agreement, to: (1) require the organization administering or managing a Pearl Harbor historic site to pay to the Secretary a fee to recover administrative costs associated with the use of the visitor center within the Pearl Harbor Naval Complex within the Monument for public access and ticket sales, the proceeds of which shall remain available for use by the NPS at the Monument; and (2) ensure the limited liability of the United States arising from the admission of the public through the visitor center to such a site and the sale or issuance of any tickets to such site. Prohibits the Secretary, under this title, from: (1) regulating or approving rates for admission to an attraction within a Pearl Harbor historic site; (2) regulating or managing visitor services of such historic sites within the Complex, other than at those sites managed by the NPS as part of the Monument; or (3) charging an entrance fee for admission to the Monument. (Sec. 203) Prohibits anything in this title from authorizing the Secretary or any organization that administers or manages a Pearl Harbor historic site to take any action in derogation of the preservation and protection of the values and resources of the Monument. Title III: Changes to National Park Units - (Sec. 301) Provides for the transfer of the administrative jurisdiction of specified land within the George Washington Memorial Parkway and the Turner-Fairbank Highway Research Center. Requires the Secretary of the Interior to restrict the use of specified acreage within the boundary of the Parkway that is immediately adjacent to part of the Research Center's north perimeter fence by prohibiting the storage, construction, or installation of any item that may obstruct the view from the Research Center into the Parkway. Provides for the transfer of administrative jurisdiction to occur without reimbursement or consideration. Requires NPS and the Federal Highway Administration (FHA) to comply with all terms and conditions of a certain Agreement with regard to the transfer of administrative jurisdiction, management, and maintenance of the lands discussed in such Agreement. Instructs the Secretary to allow the Research Center access to the land the Secretary restricts for maintenance purposes. Bars the pruning or removal of trees which are six inches or more in diameter without the advance permission of the Secretary. Requires the use of any pesticide to be approved by the Secretary prior to its application. Requires the inclusion of: (1) the land transferred to the Secretary in the boundaries of the Parkway and to be administered by the NPS as part of the Parkway; and (2) the land transferred to the Secretary of Transportation in the boundary of the Research Center and to be removed from the Parkway's boundary. Requires the land designated for restricted use to be maintained by the Research Center. (Sec. 302) Revises provisions regarding the removal of snow and ice around federal buildings in the District of Columbia. Requires federal agencies (under current law, the Director of the NPS) to remove snow, sleet, and ice from around such buildings. Requires such snow, sleet, or ice removal to occur within a reasonable time period after snow or sleet ceases to fall or after ice has accumulated. Permits delegation of all such duties to another governmental or nongovernmental entity through a lease, contract, or other comparable arrangement. (Sec. 303) Redesignates the Martin Luther King, Junior, National Historic Site in Georgia as the Martin Luther King, Jr. National Historical Park. (Sec. 304) Adjusts the boundary of the Lava Beds National Monument in California. Title IV: Technical Corrections - Makes technical and conforming amendments to specified acts relating to public lands.

To make technical corrections to various Acts affecting the National Park Service, to extend, amend, or establish certain National Park Service authorities, and for other purposes.

Described.--In this section, the term ``joint resolution'' means a joint resolution-- (1) entitled ``A joint resolution proposing an amendment to the Constitution of the United States to repeal the 23rd article of amendment''; and (2) the matter after the resolving clause of which consists solely of text to amend the Constitution of the United States to repeal the 23rd article of amendment to the Constitution. (b) Expedited Consideration in House of Representatives.-- (1) Placement on calendar.--Upon introduction in the House of Representatives, the joint resolution shall be placed immediately on the appropriate calendar. (2) Proceeding to consideration.-- (A) In general.--It shall be in order, not later than 30 legislative days after the date the joint resolution is introduced in the House of Representatives, to move to proceed to consider the joint resolution in the House of Representatives. (B) Procedure.--For a motion to proceed to consider the joint resolution-- (i) all points of order against the motion are waived; (ii) such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on the joint resolution; (iii) the previous question shall be considered as ordered on the motion to its adoption without intervening motion; (iv) the motion shall not be debatable; and (v) a motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration.--When the House of Representatives proceeds to consideration of the joint resolution-- (A) the joint resolution shall be considered as read; (B) all points of order against the joint resolution and against its consideration are waived; (C) the previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 10 hours of debate equally divided and controlled by the proponent and an opponent; (D) an amendment to the joint resolution shall not be in order; and (E) a motion to reconsider the vote on passage of the joint resolution shall not be in order. (c) Expedited Consideration in Senate.-- (1) Placement on calendar.--Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. (2) Proceeding to consideration.-- (A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 30 legislative days after the date the joint resolution is introduced in the Senate (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution. (B) Procedure.--For a motion to proceed to the consideration of the joint resolution-- (i) all points of order against the motion are waived; (ii) the motion is not debatable; (iii) the motion is not subject to a motion to postpone; (iv) a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; and (v) if the motion is agreed to, the joint resolution shall remain the unfinished business until disposed of. (3) Floor consideration.-- (A) In general.--If the Senate proceeds to consideration of the joint resolution-- (i) all points of order against the joint resolution (and against consideration of the joint resolution) are waived; (ii) consideration of the joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 30 hours, which shall be divided equally between the majority and minority leaders or their designees; (iii) a motion further to limit debate is in order and not debatable; (iv) an amendment to, a motion to postpone, or a motion to commit the joint resolution is not in order; and (v) a motion to proceed to the consideration of other business is not in order. (B) Vote on passage.--In the Senate the vote on passage shall occur immediately following the conclusion of the consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (C) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of this subsection or the rules of the Senate, as the case may be, to the procedure relating to the joint resolution shall be decided without debate. (d) Rules Relating to Senate and House of Representatives.-- (1) Coordination with action by other house.--If, before the passage by one House of the joint resolution of that House, that House receives from the other House the joint resolution-- (A) the joint resolution of the other House shall not be referred to a committee; and (B) with respect to the joint resolution of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; and (ii) the vote on passage shall be on the joint resolution of the other House. (2) Treatment of joint resolution of other house.--If one House fails to introduce or consider the joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section. (3) Treatment of companion measures.--If, following passage of the joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (4) Vetoes.--If the President vetoes the joint resolution, consideration of a veto message in the Senate under this section shall be not more than 10 hours equally divided between the majority and minority leaders or their designees. (e) Rules of House of Representatives and Senate.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of the joint resolution, and supersede other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. TITLE III--GENERAL PROVISIONS SEC. 301. GENERAL DEFINITIONS. In this Act, the following definitions shall apply: (1) The term ``Council'' means the Council of the District of Columbia. (2) The term ``Governor'' means the Governor of the State of Washington, D.C. (3) The term ``Mayor'' means the Mayor of the District of Columbia. (4) Except as otherwise provided, the term ``State'' means the State of Washington, D.C. (5) The term ``State Constitution'' means the proposed Constitution of the State of Washington, D.C., as approved by the Council of the District of Columbia on October 18, 2016, pursuant to the Constitution and Boundaries for the State of Washington, D.C. Approval Resolution of 2016 (D.C. Resolution R21-621), and ratified by District of Columbia voters in Advisory Referendum B approved on November 8, 2016, and certified by the District of Columbia Board of Elections on November 18, 2016. (6) The term ``Washington, D.C.'' means Washington, Douglass Commonwealth. SEC. 302. CERTIFICATION OF ENACTMENT BY PRESIDENT. Not more than 60 days after the date of enactment of this Act, the President shall certify such enactment to the Mayor of the District of Columbia.

Washington, D.C. Admission Act This bill provides for admission into the United States of the state of Washington, Douglass Commonwealth. The Commonwealth shall be admitted to the Union on an equal footing with the other states. The Mayor of the District of Columbia shall issue a proclamation for the first elections to Congress of two Senators and one Representative of the Commonwealth. The Commonwealth shall consist of all Washington, DC territory as of enactment of this bill, with specified exclusions for federal buildings and monuments. The Commonwealth may not impose taxes on federal property except as Congress permits. The bill applies current DC laws to the Commonwealth and continues pending judicial proceedings. The bill maintains: (1) DC as the seat of the federal government, and (2) the federal government's authority over military lands and specified other property. The bill provides for expedited consideration of a joint resolution repealing the Twenty-Third Amendment to the Constitution (which provides for the appointment of electors for President and Vice President).

Washington, D.C. Admission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Premium Reduction Act''. SEC. 2. STATE HEALTH INSURANCE PREMIUM REDUCTION PROGRAM. Part 5 of subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18061 et seq.) is amended by adding at the end the following: ``SEC. 1344. STATE HEALTH INSURANCE PREMIUM REDUCTION PROGRAM. ``(a) Grants.--The Secretary shall establish a program for awarding a grant to a State to enable such State to support, in connection with reducing health insurance premiums and providing affordable health benefits coverage that includes a risk-adjustment mechanism for the purpose of supporting the purchase of private health insurance by consumers in the State, and for ensuring stable health insurance premiums through the activities carried out under subsection (e). ``(b) Requirement.--To be eligible to receive a grant under this section a State shall-- ``(1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require; ``(2) include in such application a description of the State private health insurance market, including a list of county-specific premium increase percentages that are 10 percent or greater, and an assurance that such State will comply with the requirements of section 1101(c)(2); and ``(3) include in such application an assurance that the State will expend all or a portion of the funds received under the grant on the risk-adjustment mechanism for the State. ``(c) Priority Review.-- ``(1) Evaluation.--The Secretary, in consultation with the Assistant Secretary for Planning and Evaluation, shall conduct an evaluation of all regions in the United States to assess which regions (that may be comprised of collections of geographic subdivisions such as Core-Based Statistical Areas, census tracts, or ZIP Codes) have the highest premiums for health insurance coverage. ``(2) Priority.--States identified under the evaluation under paragraph (1) shall receive priority in obtaining grants under this section in order to stabilize premium trends. ``(d) Use of Funds.-- ``(1) Set-aside.--A State that receives a grant under this section shall use grant funds to carry out the following: ``(A) Activities to provide for a reduction in health insurance premium trends and actual premiums through programs such as State-specific cost-sharing programs to reduce deductibles and out-of-pocket expenses. ``(B) Activities to increase the number of individuals in the State that receive health insurance coverage. ``(C) A State-run premium rate review program to determine unreasonable health insurance premium increases and assist the State in facilitating an effective program to reduce such rates in accordance with section 2794 of the Public Health Service Act. ``(D) Activities under section 1332 to allow for greater State flexibility in addressing affordability, quality, and accessibility of health insurance in the States. ``(2) Bonus payments.-- ``(A) In general.--The Secretary, in consultation with the Assistant Secretary for Planning and Evaluation, shall conduct an evaluation of all regions in the United States to assess which regions (that may be comprised of collections of geographic subdivisions such as Core-Based Statistical Areas, census tracts, or ZIP Codes) have the highest premiums for health insurance coverage. Such evaluation shall determine the following: ``(i) The number of individuals with access to health insurance coverage in each region. ``(ii) The average premiums and out-of- pocket expenses per person in each such region. ``(iii) The amount of uncompensated health care provided by hospitals, clinics, and safety-net providers in each such region. ``(iv) The extent to which a State has used tools to control and analyze health care costs through health care data collection. ``(B) Use.--Amounts provided as a bonus payment under this paragraph may be used by the State for activities designed to reduce health insurance premiums, or to keep such premiums from rising, for consumers in the State, in coordination with the Department of Health and Human Services. Such activities may include the provision of direct assistance to consumers in the form of tax credits to reduce premiums. ``(e) Risk Mitigation and Risk Corridors.-- ``(1) In general.--The Secretary shall distribute amounts available for the risk mitigation and risk corridor program under subsection (d) for calendar years 2016, 2017, and 2018. ``(2) Payments.--Payments shall be made under this subsection in accordance with such section 1342. ``(3) Use of funds.--A State shall use amounts received under this subsection for activities described in subsection (d)(1). ``(f) Funding.-- ``(1) In general.--The Secretary shall carry out this section using amounts made available for the Department of Health and Human Services and remaining unobligated. ``(2) No limitation on other assistance.--Nothing in this section shall be construed as prohibiting the Secretary and the Secretary of the Treasury from utilizing additional funds to carry out this section or other programs to support the subsidized, affordable purchase of private health insurance coverage, notwithstanding the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235).''.

Health Care Premium Reduction Act This bill amends the Patient Protection and Affordable Care Act to require the Department of Health and Human Services to award grants to states to support the purchase of private health insurance by consumers and to stabilize health insurance premiums. Priority is given to states with the highest health insurance premiums and such states may be provided bonus payments. States must use grants to: reduce health insurance premiums through activities such as cost-sharing programs to reduce deductibles and out-of-pocket expenses; increase the number of individuals with health insurance; review premium rates to determine unreasonable premium increases and facilitate reduction of such rates; and address health insurance affordability, quality, and accessibility through a waiver of health coverage requirements.

Health Care Premium Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intelligence Authorization Act for Fiscal Year 2007''. TITLE I--INTELLIGENCE ACTIVITIES SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2007 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Department of State. (8) The Department of the Treasury. (9) The Department of Energy. (10) The Department of Justice. (11) The Federal Bureau of Investigation. (12) The National Reconnaissance Office. (13) The National Geospatial-Intelligence Agency. (14) The Coast Guard. (15) The Department of Homeland Security. (16) The Drug Enforcement Administration. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. (a) Specifications of Amounts and Personnel Ceilings.--The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 2007, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared to accompany the bill H.R. ____ of the One Hundred Tenth Congress. (b) Availability of Classified Schedule of Authorizations.--The Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. (a) Authority for Adjustments.--With the approval of the Director of the Office of Management and Budget, the Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2007 under section 102 when the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions. (b) Notice to Intelligence Committees.--The Director of National Intelligence shall notify promptly the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives whenever the Director exercises the authority granted by this section. SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. (a) Authorization of Appropriations.--There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2007 the sum of $990,000,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2007. (b) Authorized Personnel Levels.--The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 1,539 full-time personnel as of September 30, 2007. Personnel serving in such elements may be permanent employees of the Intelligence Community Management Account or personnel detailed from other elements of the United States Government. (c) Classified Authorizations.-- (1) Authorization of appropriations.--In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are also authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2007 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2007. (2) Authorization of personnel.--In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2007, there are also authorized such additional personnel for such elements as of that date as are specified in the classified Schedule of Authorizations. (d) Reimbursement.--Except as provided in section 113 of the National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2007 any officer or employee of the United States or a member of the Armed Forces who is detailed to the staff of the Intelligence Community Management Account from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of National Intelligence. TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM SEC. 201. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2007 the sum of $256,400,000. TITLE III--GENERAL PROVISIONS SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.

Intelligence Authorization Act for Fiscal Year 2007 - Authorizes appropriations for FY2007 for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence; (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency (DIA); (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Departments of State, the Treasury, Energy, and Justice; (8) Federal Bureau of Investigation (FBI); (9) National Reconnaissance Office; (10) National Geospatial-Intelligence Agency; (11) Coast Guard; (12) Department of Homeland Security; and (13) Drug Enforcement Administration (DEA). Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2007, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President. Allows the Director of Central Intelligence, with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY2007 when necessary for the performance of important intelligence functions. Requires notification of the congressional intelligence committees on the use of such authority. Authorizes appropriations for the Intelligence Community Management Account for FY2007, as well as for full-time personnel for elements within such Account. Authorizes appropriations for FY2007 for the Central Intelligence Agency Retirement and Disability Fund. Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution of laws of the United States.

To authorize appropriations for fiscal year 2007 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Electronic Health Records (iEHR) for Military and Veterans Act''. SEC. 2. PRIZE PROGRAM FOR THE DEVELOPMENT OF A FULLY-INTEGRATED ELECTRONIC HEALTH RECORDS PROGRAM FOR USE BY THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS. (a) Prize Authority.-- (1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly carry out a program to award a cash prize in the amount of $50,000,000 and contract to an entity that develops a fully-integrated electronic health records program for national use by the Department of Defense and the Department of Veterans Affairs. (2) Advertising and solicitation of competitors.-- (A) Advertising.--The Secretaries shall widely advertise prize competitions under this section to encourage broad participation by researchers, large and small businesses, institutions of higher education, and any other qualified applicants, including veterans. (B) Announcement through federal register notice.-- The Secretaries shall announce each prize competition under this section by publishing a notice in the Federal Register. This notice shall include essential elements of the competition such as the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the prize, and the criteria for awarding the prize and contract. (3) Announcement of prizes.--The Secretary may not issue a notice required by paragraph (2)(B) until all the funds needed to pay out the announced amount of the prize have been appropriated. (b) Eligibility.--To be eligible to win a prize under this section, an individual or entity-- (1) shall have complied with all the requirements in accordance with the Federal Register notice required under subsection (a)(2)(B); (2) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen of, or an alien lawfully admitted for permanent residence in, the United States; and (3) shall not be a Federal entity, a Federal employee acting within the scope of his employment, or an employee of a national laboratory acting within the scope of his employment. (c) Joint Panel.-- (1) Establishment.--The Secretary of Defense and the Secretary of Veterans Affairs shall establish a joint panel to establish the criteria for the development of a fully- integrated electronic health records program eligible for an award and contract under this section to ensure that the program meets the requirements of the Department of Defense and the Department of Veterans Affairs. (2) Membership.-- (A) In general.--The members of the joint panel shall be-- (i) one physician from each of the military departments, to be appointed by the Secretary of the military department concerned; (ii) two physicians employed by the Department of Veterans Affairs, to be appointed by the Secretary of Veterans Affairs; and (iii) two representatives of the Veterans Benefits Administration of the Department of Veterans Affairs, to be appointed by the Secretary of Veterans Affairs. (B) Deadline for appointment.--Members of the joint panel shall be appointed by not later than 14 days after the date of the enactment of this Act. Any member who is not appointed by such deadline shall not be appointed to the panel. (3) Deadline for criteria.--The joint panel shall establish criteria with sufficient specificity for development, taking best practices of private and public electronic health records under consideration. If the panel fails to agree on such criteria or if an insufficient number of members are appointed to the panel before the deadline under paragraph (2)(B), the National Health Information Technology Coordinator shall determine such criteria, taking best practices of private and public electronic health record systems into consideration. (d) Deadline for Submissions.--The deadline for the submission of an application to participate in the competition under this section is the date that is one year after the date on which the criteria are established under subsection (c), or if such date falls on a weekend, the next weekday following such date. (e) Award Selection.--The Secretary of Defense and the Secretary of Veterans Affairs shall award prizes under this section on the basis of the criteria published in the notice required under subsection (a)(2)(B). (f) Contract.--Notwithstanding any other provision of law, the entity that is awarded a prize under this section shall be awarded a contract with the Department of Defense and the Department of Veterans Affairs to provide the fully-integrated electronic health records program for which the prize is awarded to the Departments and to provide maintenance and support for such program for a five-year period and under such contract shall be compensated in an amount of $25,000,000 for each year. (g) Intellectual Property.-- (1) Treatment of winning intellectual property.--Upon the expiration of the contract referred to in subsection (e) the intellectual property rights in the fully-integrated electronic health records program for which a prize is awarded under this section shall revert to the Federal Government. The entity that is awarded a prize under this section shall retain the intellectual property rights in any upgrades to the program developed by the entity. (2) Other intellectual property.--Except as provided in paragraph (1), the Federal Government shall not, by virtue of offering or awarding a prize under this section, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this section. This subsection shall not be construed to prevent the Federal Government from negotiating a license for the use of intellectual property developed for a prize competition under this section. (h) Liability.-- (1) Waiver of liability.--The Secretary of Defense and the Secretary of Veterans Affairs may require registered participants to waive claims against the Federal Government (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from the registered participants' participation in a competition under this section. The Secretary shall give notice of any waiver required under this paragraph in the notice required by subsection (a)(2)(B). (2) Liability insurance.-- (A) Requirements.--Registered participants in a prize competition under this section shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by-- (i) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out in connection with participation in a competition under this section; and (ii) the Federal Government for damage or loss to Government property resulting from such an activity. (B) Federal government insured.--The Federal Government shall be named as an additional insured under a registered participant's insurance policy required under subparagraph (A) with respect to claims described in clause (i) of that subparagraph, and registered participants shall be required to agree to indemnify the Federal Government against third party claims for damages arising from or related to competition activities under this section. (i) Nonsubstitution.--The programs created under this section shall not be considered a substitute for Federal research and development programs. (j) Authorization of Appropriations.--There is authorized to be appropriated $50,000,000 to carry out this section.

Integrated Electronic Health Records (iEHR) for Military and Veterans Act - Directs the Secretaries of Defense (DOD) and Veterans Affairs (VA) to jointly carry out a program to award a cash prize ($50 million) and contract to an entity that develops a fully-integrated electronic health records program for national use by DOD and VA. Directs the Secretaries to: (1) widely advertise the prize competitions and announce each one in the Federal Register, and (2) create a joint panel to establish criteria for the program's development. Requires the prize recipient to be awarded a contract with DOD and VA to provide the program, including maintenance and support, and to be compensated at $25 million per year for five years. Reverts to the federal government, after such period, any intellectual property developed under the contract. Authorizes the Secretaries to require competition participants to waive claims against the federal government (except for willful conduct) arising from such participation, and requires participants to obtain liability insurance therefor.

Integrated Electronic Health Records (iEHR) for Military and Veterans Act

SECTION 1. REDUCTION IN REQUIRED PREMIUMS TO COMBINED FUND BY EXCESS SURPLUS IN FUND. (a) In General.--Paragraph (3) of section 9704(e) of the Internal Revenue Code of 1986 (relating to shortfalls and surpluses) is amended to read as follows: ``(3) Shortfalls and surpluses.-- ``(A) Determinations.-- ``(i) In general.--Subject to the provisions of clause (iv), the trustees of the Combined Fund shall, as of the close of each plan year beginning on or after October 1, 1993-- ``(I) determine any shortfall or surplus in any premium account established under paragraph (1) and, to the maximum extent possible, reduce or eliminate any shortfall in any such account by transferring amounts to it from any surplus in any other such account, and ``(II) determine, after any transfers under subclause (I), the aggregate shortfall or surplus in the Combined Fund, taking into account all receipts of any kind during the plan year from all sources. ``(ii) Determinations made on cash flow basis.-- ``(I) In general.--Subject to the provisions of subclause (II) and clause (iii), any determination under clause (i) for any plan year shall be determined under the cash receipts and disbursements method of accounting, taking into account only receipts and disbursements for the plan year. ``(II) Certain prior year surpluses.--For purposes of applying subclause (I) for any plan year, any surplus determined under subparagraph (A)(i)(II) as of the close of the preceding plan year, including any portion used as provided in subparagraph (B), shall be treated as received in the Combined Fund as of the beginning of the plan year. ``(iii) Disregard of transferred amounts.-- For purposes of this subparagraph-- ``(I) no amount transferred to the Combined Fund under section 9705, and no disbursements made from such amount, shall be taken into account in making any determination under subparagraph (A) for the plan year of the transfer or any subsequent plan year, and ``(II) any amount in a premium account which was transferred to the Combined Fund under section 9705 may not be transferred to another account under clause (i)(I). ``(iv) Special rule for 1994.--In the case of the plan year ending September 30, 1994, the determinations under subparagraph (A) shall be made for the period beginning February 1, 1993, and ending September 30, 1994. ``(B) Treatment of surplus.-- ``(i) Nonpremium adjustments.--Any surplus determined under subparagraph (A)(i)(II) for any plan year shall be used first for purposes of the carryover under section 9703(b)(2)(C), but only to the extent the amount of such carryover does not exceed 10 percent of the benefits and administrative costs paid by the Combined Fund during the plan year (determined without regard to benefits paid from transfers under section 9705). ``(ii) Premium adjustments.--The annual premium for any plan year for each assigned operator which is not a 1988 agreement operator shall be reduced by an amount which bears the same ratio to the surplus determined under subparagraph (A)(i)(II) for the preceding plan year (reduced as provided under clause (i)) as-- ``(I) such assigned operator's applicable percentage (expressed as a whole number), bears to ``(II) the sum of the applicable percentages (expressed as whole numbers) of all assigned operators which are not 1988 agreement operators. The reduction in any annual premium under this clause shall be allocated to the premium accounts established under paragraph (1) in the same manner as the annual premium would have been allocated without regard to this clause, and in the case of assigned operators which sought protection under title 11 of the United States Code before October 24, 1992, without regard to section 9706(b)(1)(A). ``(C) Shortfalls.--If a shortfall is determined under subparagraph (A)(i)(II) for any plan year, the annual premium for each assigned operator shall be increased by an amount equal to such assigned operator's applicable percentage of the shortfall. Any increase under this subparagraph shall be allocated to each premium account with a shortfall. ``(D) No authority for increase.--Nothing in this paragraph shall be construed to allow expenditures for health care benefits in any plan year in excess of the limit under section 9703(b)(2). ``(E) Special rule for 1995.--In the case of the plan year beginning October 1, 1994, the adjustment under subparagraph (B) shall be made effective as of such date and any assigned operator which receives a reduction in premiums under subparagraph (B) shall be entitled to a credit to the extent it has paid, taking the reduction into account, excessive premiums during plan year.'' (b) Amount of Per Beneficiary Premium.--Paragraph (2) of section 9704(b) of the Internal Revenue Code of 1986 (defining per beneficiary premium) is amended-- (1) by striking subparagraph (A) and inserting: ``(A) $2,116.67, plus'', and (2) by striking ``the amount determined under subparagraph (A)'' in subparagraph (B) and inserting ``$2,116.67,''. (c) Conforming Amendment.--Clause (ii) of section 9703(b)(2)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(without regard to any reduction under section 9704(e)(3)(B)(ii))'' after ``for the plan year''. SEC. 2. DISCLOSURE REQUIREMENTS. (a) In General.--Section 9704(h) of the Internal Revenue Code of 1986 (relating to information) is amended by adding at the end the following new paragraph: ``(2) Information to contributors.-- ``(A) In general.--The trustees of the Combined Fund shall, within 30 days of a written request, make available to any person required to make contributions to the Combined Fund or their agent-- ``(i) all documents which reflect its financial and operational status, including documents under which it is operated, and ``(ii) all documents prepared at the request of the trustees or staff of the Combined Fund which form the basis for any of its actions or reports, including the eligibility of participants in predecessor plans. ``(B) Fees.--The trustees may charge reasonable fees (not in excess of actual expenses) for providing documents under this paragraph.'' (b) Conforming Amendment.--Section 9704(h) of the Internal Revenue Code of 1986 is amended by striking ``(h) Information.--The'' and inserting: ``(h) Information.-- ``(1) Information to secretary.--The''.

Amends the Internal Revenue Code, with respect to the United Mine Workers of America Benefit Fund, to provide: (1) a means for transferring surpluses between the Fund's accounts to reduce shortfalls in the entire Fund; and (2) a formula to reduce or increase operator's premiums according to the Fund's aggregated surplus or shortfall, respectively. Sets the amount of the per beneficiary health benefit premium. Directs the Trustees of the combined Fund to disclose to contributors, upon written request, all documents showing its financial and operational status and all documents prepared at trustee or staff request that form the basis for the Fund's actions or reports.

A bill to amend the Internal Revenue Code of 1986 to reduce mandatory premiums to the United Mine Workers of America Combined Benefit Fund by certain surplus amounts in the Fund, and for other purposes.

SECTION 1. CRITICAL ELECTRIC INFRASTRUCTURE. (a) Findings.-- (1) The critical electric infrastructure of the United States and Canada has more than $1 trillion in asset value, more than 200,000 miles of transmission lines, and more than 800,000 megawatts of generating capability, serving over 300 million people. (2) The effective functioning of this infrastructure is highly dependent on computer-based control systems that are used to monitor and manage sensitive processes and physical functions. (3) These control systems are becoming increasingly connected to open networks, such as corporate intranets and the Internet. According to the Department of Homeland Security's United States Computer Emergency Readiness Team (``US-CERT''), this transition towards widely used technologies and open connectivity exposes control systems to the ever-present cyber risks that exist in the information technology world in addition to control system specific risks. (4) Malicious actors pose a significant risk to this infrastructure. The Federal Bureau of Investigation (``FBI'') has identified multiple sources of threats, including foreign nation states, domestic criminals and hackers, and disgruntled employees. (5) Intentional or naturally occurring Electromagnetic Pulse (``EMP'') events also threaten critical electric infrastructure. The Commission to Assess the Threat to the United States from EMP Attack reported in 2008 that an EMP attack could cause significant damage or disruption to critical electric infrastructure and other critical infrastructure due to the widespread use of Supervisory Control and Data Acquisition (``SCADA'') systems. The National Academy of Sciences also reported in 2008 that Severe Space Weather Events could produce similar results. (6) The Department of Homeland Security's Control Systems Security Program is designed to increase the reliability, security, and resilience of control systems to guard against and enhance domestic preparedness for and collective response to a cyber attack by a terrorist or other person. This is done by developing voluntary cyber risk reduction products, supporting the Department of Homeland Security's Industrial Control Systems Computer Emergency Response Team (``ICS-CERT'') in developing vulnerability mitigation recommendations and strategies, and coordinating and leveraging activities for improving the Nation's critical infrastructure security posture. (7) According to recent news reports, the electronic control systems of the electrical system in the United States have been routinely penetrated and compromised. According to current and former national security officials, cyber spies from China, Russia, and other countries have penetrated the United States electrical system in order to map the system, and have left behind software programs that could be used to disrupt and disable the system. (8) In the interest of national security, and to enhance domestic preparedness for and collective response to a cyber attack by a terrorist or other person, a statutory mechanism is necessary to protect the critical electric infrastructure against cyber threats. (9) In spite of existing mandatory cybersecurity standards, a report from the North American Electric Reliability Corporation (``NERC'') suggests that many utilities are underreporting their assets, potentially to avoid compliance requirements. In April 2009, NERC reported that only 23 percent of responding utilities identified a ``Critical Cyber Asset'' as required by NERC Reliability Standard 002-1. According to NERC, the results of this survey suggest that utilities may not have identified certain qualifying assets as ``Critical''. NERC requested that entities take a fresh, comprehensive look at their methodology in order to identify and secure more Critical Cyber Assets. (10) On May 21, 2008, in testimony before the House Committee on Homeland Security, Joseph Kelliher, then-Chairman of the Federal Energy Regulatory Commission (``the Commission''), stated that his agency is in need of additional legal authorities to adequately protect the electric power system against cyber attack. (b) Research on Cyber Compromise of Critical Electric Infrastructure.--(1) Pursuant to section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) and in furtherance of domestic preparedness for and collective response to a cyber attack by a terrorist or other person, the Secretary of Homeland Security, working with other national security and intelligence agencies, shall conduct research and determine if the security of federally owned programmable electronic devices and communication networks (including hardware, software, and data) essential to the reliable operation of critical electric infrastructure have been compromised. (2) The scope of the research referred to in paragraph (1) shall include: the extent of compromise, identification of attackers, the method of penetration, ramifications of the compromise on future operations of critical electric infrastructure, secondary ramifications of the compromise on other critical infrastructure sectors and the functioning of civil society, ramifications of compromise on national security, including war fighting capability, and recommended mitigation activities. (3) The Secretary of Homeland Security shall report the findings to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives and the Homeland Security and Governmental Affairs Committee of the Senate. The report may contain a classified annex. (c) Federal Power Act Amendment.--Part II of the Federal Power Act (16 U.S.C. 791a and following) is amended by adding the following new sections at the end thereof: ``SEC. 224 CRITICAL INFRASTRUCTURE. ``(a) Definitions.--For purposes of this section: ``(1) Critical electric infrastructure.--The term `critical electric infrastructure' means systems and assets, whether physical or cyber used for the generation, transmission, distribution, or metering of electric energy that, in the determination of the Commission, in consultation with the Secretary of Homeland Security and other national security agencies, are so vital to the United States that the incapacity or destruction of such systems and assets, either alone or in combination with the failure of other assets, would cause significant harm to the security, national or regional economic security, or national or regional public health or safety. ``(2) Critical electric infrastructure information.--The term `critical electric infrastructure information' means critical infrastructure information related to critical electric infrastructure. ``(3) Critical infrastructure information.--The term `critical infrastructure information' has the same meaning as is given that term in section 212(3) of the Critical Infrastructure Information Act of 2002 (6 U.S.C. 131(3)). ``(4) Cyber threat.--The term `cyber threat' means any act by a terrorist or other person that disrupts, attempts to disrupt, or poses a significant risk of disruption to the operation of programmable electronic devices and communication networks (including hardware, software, and data) essential to the reliable operation of critical electric infrastructure. ``(5) Cyber vulnerability.--The term `cyber vulnerability' means any weakness that, if exploited by a terrorist or other person, poses a significant risk of disruption to the operation of programmable electronic devices and communication networks (including hardware, software, and data) essential to the reliable operation of critical electric infrastructure. ``(b) Assessment, Report, and Determination.-- ``(1) In general.--Pursuant to section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121), the Secretary of Homeland Security shall assess cyber vulnerabilities or threats to critical infrastructure, including critical electric infrastructure and advanced metering infrastructure, on an ongoing basis and produce reports, including recommendations, on a periodic basis for the purposes of homeland security, including the enhancement of domestic preparedness for and collective response to a cyber attack by a terrorist, nation- state, or other person, and for other purposes. ``(2) Elements of the report.--The Secretary shall-- ``(A) include in the reports under this section findings regarding a cyber vulnerability or terrorist threat or potential terrorist threat, and a nation- state threat or potential threat to critical electric infrastructure; and ``(B) provide recommendations regarding actions that may be performed to enhance individualized and collective domestic preparedness and response to the cyber vulnerability or terrorist or nation-state. ``(3) Transmittal of report.--The Secretary of Homeland Security shall transmit reports prepared in response to the cyber vulnerability or threat to the Commission and the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives and the Homeland Security and Governmental Affairs Committee of the Senate, of the Secretary's determinations under this section. Each such report may contain a classified annex. ``(4) Timely determination.--If, in carrying out the assessment required under paragraph (1), the Secretary of Homeland Security determines that a significant cyber vulnerability or threat to critical electric infrastructure has been identified, the Secretary of Homeland Security shall communicate such a determination to the Commission in a timely manner. The Secretary of Homeland Security may incorporate intelligence or information received from other national security or intelligence agencies in making such determination. ``(c) Commission Authority.-- ``(1) Issuance of rules or orders.--Following receipt of a finding under subsection (b), the Commission shall issue (and from time to time thereafter amend) such rules or orders as are necessary to protect critical electric infrastructure against vulnerabilities or threats. ``(2) Emergency procedures.--The Commission may issue, in consultation with the Secretary of Homeland Security, a rule or order under this section without prior notice or hearing if it determines the rule or order must be issued immediately to protect critical electric infrastructure from an imminent threat or vulnerability. ``(d) Duration of Emergency Rules or Orders.--Any rule or order issued by the Commission without prior notice or hearing under subsection (c)(2) shall remain effective for not more than 90 days unless, during such 90 days, the Commission gives interested persons an opportunity to submit written data, views, or arguments (with or without opportunity for oral presentation) and affirms, amends, or repeals the rule or order. ``(e) Jurisdiction.--Notwithstanding section 201, the provisions of this section shall apply to any entity that owns, controls, or operates critical electric infrastructure, and such entities shall be subject to the jurisdiction of the Commission for purposes of carrying out this section and for purposes of applying the enforcement authorities of this Act with respect to such provisions, but shall not make an electric utility or any other entity subject to the jurisdiction of the Commission for any other purposes. ``(f) Protection of Critical Electric Infrastructure Information.-- The provisions of section 214 of the Homeland Security Act of 2002 (6 U.S.C. 133) shall apply to critical electric infrastructure information submitted to the Commission under this section to the same extent that they apply to critical infrastructure information voluntarily submitted to the Department of Homeland Security under that Act (6 U.S.C. 101 and following). ``SEC. 224B. PROTECTION AGAINST KNOWN CYBER VULNERABILITIES OR THREATS TO THE CRITICAL ELECTRIC INFRASTRUCTURE. ``(a) Interim Measures.--After notice and opportunity for comment, the Commission shall establish, in consultation with the Secretary of Homeland Security, by rule or order, within 120 days of enactment of this section, such mandatory interim measures as are necessary to protect against known cyber vulnerabilities or threats to the reliable operation of the critical electric infrastructure in the United States. Such interim reliability measures: ``(1) shall serve to supplement, replace, or modify cybersecurity reliability standards that, as of the date of enactment of this section, were in effect pursuant to section 215, but that are determined by the Commission, in consultation with the Secretary of Homeland Security and other national security agencies, to be inadequate to address known cyber vulnerabilities or threats; and ``(2) may be replaced by new cybersecurity reliability standards that are developed and approved pursuant to section 215 following the date of enactment of this section. ``(b) Plans.--The rule or order issued under this subsection may require any owner, user or operator of critical electric infrastructure in the United States to develop a plan to address cyber vulnerabilities or threats identified by the Commission and to submit such plan to the Commission for approval.''. SEC. 2. EVALUATION OF EXISTING AUTHORITIES. Section 214 of title II, subtitle B of the Homeland Security Act of 2002 (6 U.S.C. 133(i)) is amended by adding at the end the following: ``(i) Review of Authorities To Protect Critical Infrastructure.-- The Secretary of Homeland Security shall evaluate the capacity and authority of the Department of Homeland Security and other Federal agencies to ensure the security and resilience of electronic devices and communication networks essential to each of the critical infrastructure sectors identified pursuant to Homeland Security Presidential Directive 7 against a cyber attack by a terrorist, nation- state, or other person, for the purpose of enhancing domestic preparedness for, and collective response to, a cyber attack by a terrorist, nation-state, or other person and to enhance the Nation's homeland security posture.''.

Directs the Secretary of Homeland Security, working with other national security and intelligence agencies, to conduct research and determine if the security of federally owned programmable electronic devices and communication networks (including hardware, software, and data) essential to the operation of critical electric infrastructure has been compromised. Amends the Federal Power Act to direct the Secretary to make ongoing assessments and provide periodic reports with respect to: (1) cyber vulnerabilities or threats to critical infrastructure, including critical electric infrastructure and advanced metering infrastructure; and (2) the enhancement of domestic preparedness for a cyber attack. Directs the Federal Energy Regulatory Commission (FERC) to establish mandatory interim measures to protect against known cyber vulnerabilities or threats to the operation of the critical electric infrastructure in the United States. Amends the the Homeland Security Act of 2002 to direct the Secretary to evaluate the capacity and authority of the Department of Homeland Security (DHS) and other federal agencies to ensure the security against a cyber attack and resilience of electronic devices and communication networks essential to the critical infrastructure sectors.

To amend the Federal Power Act to provide additional authorities to adequately protect the critical electric infrastructure against cyber attack, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadcast Licensing in the Public Interest Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The broadcast airwaves are an extremely vital and valuable public resource. If television and radio broadcast spectrum were to be auctioned for commercial use it could generate several hundred billion dollars for the public treasury. (2) The Communications Act of 1934 requires the Federal Communications Commission and broadcast licensees to promote the public interest. As public trustees, over-the-air television and radio broadcast licensees have been granted the unique privilege of using a scarce public asset--the airwaves-- for free in exchange for their promise to serve the public interest, convenience and necessity. (3) In 1969, the Supreme Court declared in Red Lion Broadcasting Co. v. Federal Communications Commission that ``it is the purpose of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail, rather than to countenance monopolization of the market,'' and thus, it is ``the right of the viewers and listeners, not the right of the broadcasters, which is paramount''. (4) Drastic media consolidation over the past decade has greatly diminished the broadcast licensees' performance of public interest obligations and broadcast media's ability to foster diversity, competition, and localism. (5) An October 2003 analysis of seven media markets shows that just 0.4 percent of television programming is devoted to local public affairs. By contrast, 14.4 percent is paid programming such as infomercials, 9.9 percent is reality or game shows and 7.9 percent is sporting events. In addition, most of the local public affairs programming airs on weekend mornings, at times with lower television viewership. (6) Independently produced programming now accounts for less than one-fifth of television prime time programming. On the four major networks, independent programming accounts for about one-seventh. (7) A survey of evening television news broadcasts of 44 local affiliates of broadcasters in 11 markets prior to the 2004 election showed that only eight percent of such broadcasts contained a story about local elections. By contrast, 8 times more coverage went to stories about accidental injuries, and 12 times more coverage to sports and weather. In 2006, news about politics and government accounted for about 10 percent of stories on local television news while crime and traffic comprised nearly 50 percent of the coverage. SEC. 3. BASIS FOR PUBLIC INTEREST DETERMINATIONS. Section 309(k) of the Communications Act of 1934 (47 U.S.C. 309(k)) is amended by adding at the end the following new paragraph: ``(5) Basis for finding station has served the public interest, convenience, and necessity.-- ``(A) Demonstration required.--The Commission shall not find for purposes of paragraph (1)(A) that a station, through its programming, has served the public interest, convenience, and necessity unless the applicant has fulfilled these obligations by demonstrating-- ``(i) a dedication to the civic affairs of its community; ``(ii) a dedication to local news gathering; ``(iii) local production of programming; ``(iv) a commitment to providing the viewing public a presentation of the issues, candidates, and ballot items that are before voters during a local, statewide or national election, including coverage of candidate debates and forums, political conventions, and ongoing news coverage; and ``(v) presentation of quality educational programming for children. ``(B) Regulations.--The Commission shall prescribe regulations to implement subparagraph (A) that-- ``(i) require each licensee for a station to submit to the Commission an annual report identifying with particularity the methods and actions taken to fulfill the obligations identified in subparagraph (A); ``(ii) require each such licensee to ascertain its compliance with such obligations with appropriate public input from the community of license for such station; and ``(iii) contain such exemptions from one or more of such obligations for particular classes or categories of such licensees if the Commission determines that such obligation is inappropriate for such class or category.''. SEC. 4. TERMS OF LICENSES. (a) Amendment.--Section 307(c)(1) of the Communications Act of 1934 (47 U.S.C. 307(c)(1)) is amended by striking ``8 years'' each place it appears and inserting ``3 years''. (b) Effective Date.--The amendment made by subsection (a) shall be effective with respect to any license granted by the Federal Communications Commission after the date of enactment of this Act.

Broadcast Licensing in the Public Interest Act - Amends the Communications Act of 1934 to require, as a part of broadcast station license renewal, that a station demonstrate it's dedication to civic affairs, local news, local programming, elections, and educational programming for children. Decreases the term of new and renewal licenses from eight to three years.

To ensure broadcast station licenses are utilized to serve the public interest.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Child Pornographers and Predators Act''. SEC. 2. PROHIBITION OF OBSCENITY DEPICTING YOUNG CHILDREN. Chapter 71 of title 18, United States Code, is amended-- (1) by inserting after section 1466 the following: ``Sec. 1466A. Obscene visual depictions of young children ``(a) Whoever, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute a visual depiction that is that of a pre-pubescent child engaging in sexually explicit conduct, or attempts or conspires to do so, shall be subject to the penalties set forth in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction. ``(b) Whoever, in a circumstance described in subsection (d), knowingly possesses a visual depiction that is that of a pre-pubescent child engaging in sexually explicit conduct, or attempts or conspires to do so, shall be subject to the penalties set forth in section 2252A(b)(2), including the penalties provided for cases involving a prior conviction. ``(c) For purposes of this section-- ``(1) the term `visual depiction' includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image, and also includes any photograph, film, video, or picture, whether made or produced by electronic, mechanical, or other means; ``(2) the term `pre-pubescent child' means that (A) the child, as depicted, is one whose physical development indicates the child is 12 years of age or younger; or (B) the child, as depicted, does not exhibit significant pubescent physical or sexual maturation; and ``(3) the term `sexually explicit conduct' has the meaning set forth in section 2256(2). ``(d) The circumstance referred to in subsections (a) and (b) is that-- ``(1) any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense; ``(2) any person travels or is transported in interstate or foreign commerce in the course of the commission or in furtherance of the commission of the offense; ``(3) any visual depiction involved in the offense has been mailed, or has been shipped or transported in interstate or foreign commerce by any means, including by computer, or was produced using materials that have been mailed, or that have been shipped or transported in interstate or foreign commerce by any means, including by computer; or ``(4) the offense is committed in the special maritime and territorial jurisdiction of the United States or in any territory or possession of the United States. ``(e) In a case under subsection (b), it is an affirmative defense that the defendant-- ``(1) possessed less than three such images; and ``(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof-- ``(A) took reasonable steps to destroy each such image; or ``(B) reported the matter to a law enforcement agency and afforded that agency access to each such image.''. SEC. 3. PROHIBITION ON USE OF MATERIALS TO FACILITATE OFFENSES AGAINST MINORS. Chapter 71 of title 18, United States Code, is amended-- (1) by inserting at the end the following: ``Sec. 1471. Use of obscene material or child pornography to facilitate offenses against minors ``(a) Whoever, in any circumstance described in subsection (c), knowingly and with the intention to facilitate a sexual offense against a minor-- ``(1) provides or shows to a person below the age of 16 years any visual depiction that is of a pre-pubescent child engaging in sexually explicit conduct, any obscene matter, or any child pornography; or ``(2) provides or shows any obscene matter or child pornography, or any visual depiction that is that of a pre- pubescent child engaging in sexually explicit conduct, or any other material assistance to any person in connection with any conduct, or any attempt, incitement, solicitation, or conspiracy to engage in any conduct, that involves a minor and that violates chapter 109A, 110, or 117, or that would violate chapter 109A if the conduct occurred in the special maritime and territorial jurisdiction of the United States, shall be subject to the penalties set forth in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction. ``(b) For purposes of this section-- ``(1) the term `child pornography' has the meaning set forth in section 2256(8); ``(2) the terms `visual depiction' and `pre-pubescent child' have the meanings respectively set forth for those terms in section 1466A(c); and ``(3) the term `sexually explicit conduct' has the meaning set forth in section 2256(2). ``(c) The circumstance referred to in subsection (a) is that-- ``(1) any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense; ``(2) any person travels or is transported in interstate or foreign commerce in the course of the commission or in furtherance of the commission of the offense; ``(3) any visual depiction or obscene matter involved in the offense has been mailed, or has been shipped or transported in interstate or foreign commerce by any means, including by computer, or was produced using materials that have been mailed, or that have been shipped or transported in interstate or foreign commerce by any means, including by computer; or ``(4) the offense is committed in the special maritime and territorial jurisdiction of the United States or in any territory or possession of the United States.''; and (2) in the table of chapters at the beginning of the chapter, by inserting at the end the following: ``1471. Use of obscene material or child pornography to facilitate offenses against minors.''. SEC. 4. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR DISTRIBUTION IN THE UNITED STATES. Section 2251 is amended-- (1) by striking ``subsection (d)'' each place it appears in subsections (a), (b), and (c) and inserting ``subsection (e)''; (2) by redesignating subsections (c) and (d), respectively, as subsections (d) and (e); and (3) by inserting after subsection (b) a new subsection (c) as follows: ``(c)(1) Any person who, in a circumstance described in paragraph (2), employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually explicit conduct outside of the United States, its possessions and Territories, for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (e). ``(2) The circumstance referred to in paragraph (1) is that the person transports such visual depiction to, or otherwise makes it available within, the United States, its possessions, or territories, by any means including by computer or mail.''. SEC. 5. IMPRISONMENT FOR REPEAT SEX OFFENDERS AGAINST CHILDREN. Section 3559 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(e) Up to Life Imprisonment for Repeated Sex Offenses Against Children.-- ``(1) In general.--A person who is convicted of a Federal sex offense in which a minor is the victim shall be sentenced to up to life imprisonment if the person has a prior sex conviction in which a minor was the victim. ``(2) Definitions.--For the purposes of this subsection-- ``(A) the term `Federal sex offense' means-- ``(i) an offense under section 1466A (obscene visual depictions of young children), 1471 (use of obscene material or child pornography to facilitate offense against a child), 2241 (relating to aggravated sexual abuse), 2242 (relating to sexual abuse), 2243(a) (relating to sexual abuse of a minor), 2244(a)(1) or (2) (relating to abusive sexual contact), 2245 (relating to sexual abuse resulting in death), 2251 (extraterrestrial production of child pornography), or 2251A (relating to selling or buying of children); or ``(ii) an offense under section 2423(a) (relating to transportation of minors) involving prostitution or sexual activity constituting a State sex offense; ``(B) the term `State sex offense' means an offense under State law that consists of conduct that would be a Federal sex offense if, to the extent or in the manner specified in the applicable provision of this title-- ``(i) the offense involved interstate or foreign commerce, or the use of the mails; or ``(ii) the conduct occurred in any commonwealth, territory, or possession of the United States, within the special maritime and territorial jurisdiction of the United States, in a Federal prison, on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country (as defined in section 1151); ``(C) the term `prior sex conviction' means a conviction for which the sentence was imposed before the conduct occurred constituting the subsequent Federal sex offense, and which was for a Federal sex offense or a State sex offense; ``(D) the term `minor' means an individual who has not attained the age of 17 years; and ``(E) the term `State' has the meaning given that term in subsection (c)(2).''.

Stop Child Pornographers and Predators Act - Amends the federal criminal code to: (1) prohibit the production, distribution, receipt, or possession of visual depictions of prepubescent children (age 12 or younger) engaging in sexually explicit conduct; (2) prohibit the use of pornographic materials to facilitate sex offenses against minors; (3) ban the distribution in the United States of child pornography produced outside the United States; and (4) increase criminal penalties for sex offenders who have a prior sex conviction involving a minor.

To amend title 18, United States Code, to protect our children from child pornographers.

SECTION 1. SHORT TITLE. This Act may be cited as ``The Veterans Visa and Protection Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``crime of violence'' means an offense defined in section 16 of title 18, United States Code, excluding a purely political offense, for which the noncitizen has served a term of imprisonment of at least 5 years. (2) The term ``deported veteran'' means a veteran who is a noncitizen and who-- (A) was removed from the United States; or (B) is abroad and is inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (3) The term ``noncitizen'' means an individual who is not a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))). (4) The term ``Secretary'' means the Secretary of Homeland Security. (5) The term ``service member'' means an individual who is serving as a member of a regular or reserve component of the Armed Forces of the United States on active duty or as a member of a reserve component of the Armed Forces in an active status. (6) The term ``veteran'' has the meaning given such term under section 101(2) of title 38, United States Code. SEC. 3. RETURN OF NONCITIZEN VETERANS REMOVED FROM THE UNITED STATES; STATUS FOR NONCITIZEN VETERANS IN THE UNITED STATES. (a) In General.-- (1) Duties of secretary.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall-- (A) establish a program and application procedure to permit-- (i) deported veterans who meet the requirements of subsection (b) to enter the United States as a noncitizen lawfully admitted for permanent residence; and (ii) noncitizen veterans in the United States who meet the requirements of subsection (b) to adjust status to that of a noncitizen lawfully admitted for permanent residence; and (B) cancel the removal of noncitizen veterans ordered removed who meet the requirements of subsection (b) and allow them to adjust status to that of a noncitizen lawfully admitted for permanent residence. (2) No numerical limitations.--Nothing in this section or in any other law shall be construed to apply a numerical limitation on the number of veterans who may be eligible to receive benefits under paragraph (1). (b) Eligibility.-- (1) In general.--Notwithstanding any other provision of law, including sections 212 and 237 of the Immigration and Nationality Act (8 U.S.C.1182; 1227), a veteran shall be eligible for the program established under subsection (a)(1)(A), or cancellation of removal under subsection (a)(1)(B), if the Secretary determines that the veteran-- (A) was not ordered removed, or removed, from the United States due to a criminal conviction for-- (i) a crime of violence; or (ii) a crime that endangers the national security of the United States for which the noncitizen has served a term of imprisonment of at least 5 years; and (B) is not inadmissible to, or deportable from, the United States due to such a conviction. (2) Waiver.--The Secretary may waive paragraph (1) for humanitarian purposes, to assure family unity, due to exceptional service in the United States Armed Forces, or if such waiver otherwise is in the public interest. SEC. 4. PROTECTING VETERANS AND SERVICE MEMBERS FROM REMOVAL. Notwithstanding any other provision of law, including section 237 of the Immigration and Nationality Act (8 U.S.C. 1227), a noncitizen who is a veteran or service member shall not be removed from the United States unless the noncitizen has a criminal conviction for a crime of violence. SEC. 5. NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES OF THE UNITED STATES. Notwithstanding any other provision of law, a noncitizen who has obtained the status of a noncitizen lawfully admitted for permanent residence pursuant to section 2 shall be eligible for naturalization through service in the Armed Forces of the United States under sections 328 and 329 of the Immigration and Nationality Act (8 U.S.C. 1439; 1440), except that-- (1) the ground or grounds on which the noncitizen was ordered removed, or removed, from the United States, or was rendered inadmissible to, or deportable from, the United States, shall be disregarded when determining whether the noncitizen is a person of good moral character; and (2) any period of absence from the United States due to the noncitizen having been removed, or being inadmissible, shall be disregarded when determining if the noncitizen satisfies any requirement relating to continuous residence or physical presence. SEC. 6. ACCESS TO MILITARY BENEFITS. A noncitizen who has obtained the status of a noncitizen lawfully admitted for permanent residence pursuant to section 2 shall be eligible for all military and veterans benefits for which the noncitizen would have been eligible if the noncitizen had never been ordered removed, been removed, or voluntarily departed, from the United States. SEC. 7. IMPLEMENTATION. (a) Identification.--The Secretary of Homeland Security shall identify cases involving service members and veterans at risk of removal from the United States by-- (1) inquiring of every noncitizen processed prior to initiating removal proceedings whether the noncitizen is serving, or has served, as a member of a regular or reserve component of the Armed Forces of the United States on active duty or as a member of a reserve component of the Armed Forces in an active status; (2) requiring personnel to seek supervisory approval prior to initiating removal proceedings against a service member or veteran; and (3) keeping records of service members and veterans who have had removal proceedings against them initiated, been detained, or been removed. (b) Record Annotation.--When the Secretary has identified a case under subsection (a), the Secretary shall annotate all immigration and naturalization records of the Department of Homeland Security relating to the noncitizen involved so as to reflect that identification and afford an opportunity to track the outcomes for the noncitizen. Such annotation shall include-- (1) the individual's branch of military service; (2) whether or not the individual is serving, or has served, during a period of military hostilities described in section 329 of the Immigration and Nationality Act (8 U.S.C. 1440); (3) the individual's immigration status at the time of enlistment; (4) whether the individual is serving honorably or was separated under honorable conditions; and (5) the basis for which removal was sought; and, if the basis for removal was a criminal conviction, the crime or crimes for which conviction was obtained. SEC. 8. REGULATIONS. Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this Act.

Veterans Visa and Protection Act of 2016 This bill requires the Department of Homeland Security (DHS) to: (1) establish a program to permit eligible deported noncitizen veterans to enter the United States as, and to permit eligible noncitizen veterans in the United States to adjust their status to that of, a noncitizen lawfully admitted for permanent residence; and (2) cancel the removal of eligible noncitizen veterans and allow them to similarly adjust their status. An "eligible" veteran is a veteran who: (1) was not ordered removed, or removed, from the United States due to a criminal conviction for a crime of violence or for a crime that endangers U.S. national security for which the noncitizen served at least five years' imprisonment; and (2) is not inadmissible to, or deportable from, the United States due to such a conviction. DHS may waive such eligibility requirements for humanitarian purposes, to assure family unity, due to exceptional service in the U.S. Armed Forces, or if such waiver otherwise is in the public interest. A noncitizen veteran or service member shall not be removed from the United States unless he or she has a criminal conviction for a crime of violence. A noncitizen who has obtained the status of a noncitizen lawfully admitted for permanent residence under this bill shall be eligible for naturalization through service in the U.S. Armed Forces, except that: (1) the grounds on which the noncitizen was ordered removed from, or rendered inadmissible to or deportable from, the United States shall be disregarded when determining whether the noncitizen is a person of good moral character; and (2) any period of absence from the United States due to the noncitizen having been removed or being inadmissible shall be disregarded when determining if the noncitizen satisfies any requirement relating to continuous residence or physical presence. A noncitizen who has obtained the status of a noncitizen lawfully admitted for permanent residence under this bill shall be eligible for all military and veterans benefits for which the individual would have been eligible if he or she had never been been removed from, or voluntarily departed, the United States. DHS shall: (1) identify cases involving service members and veterans at risk of removal from the United States, and (2) annotate all DHS immigration and naturalization records relating to any noncitizen involved and afford an opportunity to track the outcome.

Veterans Visa and Protection Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Schools of the Future Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Digital learning technology holds the promise of transforming rural education by removing barriers of distance and increasing school capacity. (2) While many large urban local educational agencies are at the forefront of implementing new digital learning innovations, it is often harder for smaller and more rural local educational agencies to access these tools. Smaller local educational agencies with less capacity may also find it more difficult to provide the training needed to effectively implement new digital learning technologies. (3) Despite the potential of digital learning in rural areas, these advancements risk bypassing rural areas without support for their implementation. Rather than having schools and local educational agencies apply digital learning innovations designed for urban environments to rural areas, it is important that digital learning technologies be developed and implemented in ways that reflect the unique needs of rural areas. (4) Digital learning is rapidly expanding, and new tools for improving teaching and learning are being developed every day. A growing demand for digital learning tools and products has made rigorous evaluation of their effectiveness increasingly important, as this information would allow school and local educational agency leaders to make informed choices about how best to use these tools to improve student achievement and educational outcomes. (5) High-quality digital learning increases student access to courses that may not have been available to students in rural communities, increasing their college and career readiness. SEC. 3. PROGRAM AUTHORIZED. (a) Grants to Eligible Partnerships.--From the amounts appropriated to carry out this Act, the Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to carry out the activities described in section 6. (b) Duration of Grant.--A grant under subsection (a) shall be awarded for not less than a 3-year and not longer than a 5-year period. (c) Fiscal Agent.--If an eligible partnership receives a grant under this Act, a school partner in the partnership shall serve as the fiscal agent for the partnership. SEC. 4. APPLICATION. An eligible partnership desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include the following: (1) A description of the eligible partnership, including the name of each of the partners and their respective roles and responsibilities. (2) A description of the technology-based learning practice, tool, strategy, or course that the eligible partnership proposes to develop or implement using the grant funds. (3) An assurance that all teachers of record hold the relevant license and are otherwise qualified to implement any technology-based practice, tool, strategy, or course using the grant funds. (4) An assurance that all students in a class or school implementing a practice, tool, strategy or course using the grant funds will have access to any equipment necessary to participate on a full and equitable basis. (5) An assurance that the proposed uses of smartphones, laptops, tablets, or other devices susceptible to inappropriate use have the informed consent of parents or guardians and are not inconsistent with any policies of the local educational agency on the use of such devices. (6) Information relevant to the selection criteria under section 5(c). (7) A description of the evaluation to be undertaken by the eligible partnership, including-- (A) how the school partner and the evaluation partner will work together to implement the practice, tool, strategy, or course in such a way that permits the use of a rigorous, independent evaluation design that meets the standards of the What Works Clearinghouse of the Institute of Education Sciences; and (B) a description of the evaluation design that meets such standards, which will be used to measure any significant effects on the outcomes described in paragraphs (1) through (3) of section 7(a). (8) An estimate of the number of students to be reached through the grant and evidence of its capacity to reach the proposed number of students during the course of the grant. (9) An assurance that the school partner in the eligible partnership will ensure that each school to be served by the grant under this Act is designated with a school locale code of Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary. (10) Any other information the Secretary may require. SEC. 5. APPLICATION REVIEW AND AWARD BASIS. (a) Peer Review.--The Secretary shall use a peer review process to review applications for grants under this Act. The Secretary shall appoint individuals to the peer review process who have relevant expertise in digital learning, research and evaluation, standards quality and alignment, and rural education. (b) Award Basis.--In awarding grants under this Act, the Secretary shall ensure, to the extent practicable, diversity in the type of activities funded under the grants. (c) Selection Criteria.--In evaluating an eligible partnership's application for a grant under this Act, the Secretary shall consider-- (1) the need for the proposed technology-based learning practice, tool, strategy, or course; (2) the quality of the design of the proposed practice, tool, strategy, or course; (3) the strength of the existing research evidence with respect to such practice, tool, strategy, or course; (4) the experience of the eligible partnership; and (5) the quality of the evaluation proposed by the eligible partnership. SEC. 6. USE OF FUNDS. (a) Required Use of Funds.-- (1) In general.--An eligible partnership receiving a grant under this Act shall use such funds to implement and evaluate the results of technology-based learning practices, strategies, tools, or courses, including the practices, strategies, tools, or courses identified under paragraphs (2) through (6). (2) Tools and courses designed to personalize the learning experience.--Technology-based tools and courses identified under this paragraph include the following types of tools and courses designed to personalize the learning experience: (A) Technology-based personalized instructional systems. (B) Adaptive software, games, or tools, that can be used to personalize learning. (C) Computer-based tutoring courses to help struggling students. (D) Games, digital tools, and smartphone or tablet applications to improve students' engagement, focus, and time on task. (E) Other tools and courses designed to personalize the learning experience. (3) Practices and strategies designed to aid and inform instruction.--Technology-based practices and strategies identified under this paragraph include the following types of practices and strategies designed to aid and inform instruction: (A) Adaptive software, games, or tools that can be used for the purpose of formative assessment. (B) Web resources that provide teachers and their students access to instructional and curricular materials that are-- (i) aligned with high-quality standards; and (ii) designed to prepare students for college and a career, such as a repository of primary historical sources for use in history and civics courses or examples of developmentally appropriate science experiments. (C) Online professional development opportunities, teacher mentoring opportunities, and professional learning communities. (D) Tools or web resources designed to address specific instructional problems. (E) Other practices and strategies designed to personalize the learning experience. (4) Tools, courses, and strategies designed to improve the achievement of students with specific educational needs.-- Technology-based tools, courses, and strategies identified under this paragraph include the following types of tools, courses, and strategies designed to meet the needs of students with specific educational needs: (A) Digital tools specifically designed to meet the needs of students with a particular disability. (B) Online courses that give students who are not on track to graduate or have already dropped out of school the opportunity for accelerated credit recovery. (C) Language instruction courses, games, or software designed to meet the needs of English language learners. (D) Other tools, courses, and strategies designed to personalize the learning experience. (5) Tools, courses, and strategies designed to help students develop 21st century skills.--Technology-based tools, courses, and strategies identified under this paragraph include peer-to-peer virtual learning opportunities to be used for the purposes of project-based learning, deeper learning, and collaborative learning, and other tools, courses, and strategies designed to help students develop 21st century skills, such as the ability to think critically and solve problems, be effective communicators, collaborate with others, and learn to create and innovate. (6) Technology-based or online courses that allow students to take courses that they would not otherwise have access to.-- Technology-based or online courses identified under this paragraph include courses or collections of courses that provide students access to courses that they would not otherwise have access to, such as the following: (A) An online repository of elective courses. (B) Online or software-based courses in foreign languages, especially in languages identified as critical or in schools where a teacher is not available to teach the language or course level a student requires. (C) Online advanced or college-level courses that can be taken for credit. (b) Authorized Use of Funds.--An eligible partnership receiving a grant under this Act may use grant funds to-- (1) develop the technology for technology-based learning strategies, practices, courses, or tools to be carried out under the grant; (2) purchase hardware or software needed to carry out such strategies, practices, courses, or tools under the grant, except that such purchases may not exceed 50 percent of total grant funds; (3) address the particular needs of student subgroups, including students with disabilities and English-language learners; (4) provide technology-based professional development or professional development on how to maximize the utility of technology; and (5) address issues of cost and capacity in rural areas and shortage subjects. SEC. 7. DATA COLLECTION AND EVALUATION. (a) In General.--Each eligible partnership receiving a grant under this Act shall require its evaluation partner to complete an independent, comprehensive, well-designed, and well-implemented evaluation that meets the standards of the What Works Clearinghouse after the third year of implementation of the grant to measure the effect of the practice, tool, strategy, or course on-- (1) student achievement, as measured by high quality assessments that provide objective, valid, reliable measures of student academic growth and information on whether a student is on-track to graduate ready for college and career; (2) costs and savings to the school partner; and (3) at least one of the following: (A) Student achievement gaps. (B) Graduation and dropout rates. (C) College enrollment. (D) College persistence. (E) College completion. (F) Placement in a living-wage job. (G) Enhanced teacher or principal effectiveness as measured by valid, reliable, and multiple measures of student achievement and other appropriate measures. (b) Evaluation.--The Secretary shall-- (1) acting through the Director of the Institute of Education Sciences-- (A) evaluate the implementation and impact of the activities supported under the grant program authorized under this section; and (B) identify best practices; and (2) disseminate, in consultation with the regional educational laboratories established under part D of the Education Sciences Reform Act of 2002 and comprehensive centers established under the Educational Technical Assistance Act of 2002, research on best practices in school leadership. (c) Implementation Evaluation.--An evaluation partner may use funds under this Act to carry out an implementation evaluation designed to provide information that may be useful for schools, local educational agencies, States, consortia of schools, and charter school networks seeking to implement similar practices, tools, strategies, or courses in the future. (d) Publication of Results.--Upon completion of an evaluation described in subsection (a), (b), or (c) the evaluation partner shall-- (1) submit a report of the results of the evaluation to the Secretary; and (2) make publicly available such results. SEC. 8. DEFINITIONS. In this Act: (1) Eligible partnership.--The term ``eligible partnership'' means a partnership that includes a school partner and not less than 1-- (A) digital learning partner, except that in a case in which a school partner or evaluation partner demonstrates expertise in digital learning to the Secretary; and (B) evaluation partner. (2) School partner.--The term ``school partner'' means a-- (A) local educational agency; (B) a charter school network that does not include virtual schools; (C) a consortium of public elementary schools or secondary schools; (D) a regional educational service agency or similar regional educational service provider; or (E) a consortium of the entities described in subparagraphs (A) through (D). (3) Digital learning partner.--The term ``digital learning partner'' means an organization with expertise in the technology required to develop or implement the digital learning practices, tools, strategies, or courses proposed by the school partner with which the digital learning partner will partner or has partnered under this Act, such as-- (A) an institution of higher education; (B) a nonprofit organization; or (C) an organization with school development or turnaround experience. (4) Evaluation partner.--The term ``evaluation partner'' means a partner that has the expertise and ability to carry out the evaluation of a grant received under this Act, such as-- (A) an institution of higher education; (B) a nonprofit organization with expertise in evaluation; or (C) an evaluation firm. (5) Institution of higher education.--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). (6) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) Secretary.--The term ``Secretary'' means the Secretary of Education.

Schools of the Future Act - Authorizes the Secretary of Education to award competitive three- to five-year grants to eligible partnerships to implement and evaluate the results of technology-based learning practices, strategies, tools, or courses at rural schools. Defines "eligible partnerships" as those composed of a school partner, a digital learning partner, and an evaluation partner. Describes a "school partner" as a: (1) local educational agency, (2) charter school network that does not include virtual schools, (3) consortium of public elementary or secondary schools, (4) regional educational service provider, or (5) consortium of such entities. Describes a "digital learning partner" as an institution of higher education, a nonprofit organization, or an organization with school development or turnaround experience. Includes among the grant-funded technology-based learning practices, strategies, tools, or courses, those that: (1) personalize the learning experience, (2) aid and inform instruction, (3) meet the needs of students with specific educational needs, (4) help students develop 21st century skills, and (5) give students access to courses that would otherwise be unavailable to them. Requires each partnership's evaluation partner, after the third year of the grant, to evaluate the effect of the technology-based learning practices, strategies, tools, or courses on student achievement and its school partner's costs and savings. Directs the Secretary, acting through the Director of the Institute of Education Sciences, to: (1) evaluate the implementation and impact of the activities supported by this Act's grants, (2) identify best practices, and (3) disseminate research on best practices in school leadership.

Schools of the Future Act

entitled ``A Joint Resolution to approve the `Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806(e)), as added by section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 1222 Stat. 854), is amended by inserting after paragraph (5) the following: ``(6) Special provision regarding long term residents of the commonwealth.-- ``(A) CNMI-only resident status.--Notwithstanding paragraph (1), an alien described in subparagraph (C) may, upon the application of the alien, be admitted as an immigrant to the Commonwealth subject to the following rules: ``(i) The alien shall be treated as a permanent resident of the Commonwealth only, including permitting entry to and exit from the Commonwealth, until the earlier of the date that-- ``(I) the alien ceases to permanently reside in the Commonwealth; or ``(II) the alien's status is adjusted under this section or section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) to that of an alien lawfully admitted for permanent residence, as defined under section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20)), if the alien is otherwise eligible for such an adjustment. ``(ii) Unless otherwise authorized, the alien shall not be permitted to travel to, or reside in, any part of the United States, as defined in section 101(a)(38) of such Act (8 U.S.C. 1101(a)(38)), other than the Commonwealth. ``(iii) The Secretary of Homeland Security shall establish a process for such aliens to apply for CNMI-only permanent resident status during the 90-day period beginning on the first day of the sixth month after the date of the enactment of this Act. ``(B) Authority to waive certain regulatory requirements.--The requirements of chapter 5 of title 5, United States Code (commonly referred to as the `Administrative Procedure Act'), chapter 35 of title 44, United States Code (commonly referred to as the `Paperwork Reduction Act'), or any other law relating to rulemaking, information collection, or publication in the Federal Register, shall not apply to any action to implement subparagraph (A) to the extent the Secretary of Homeland Security determines that compliance with any such requirement would impede the expeditious implementation of such paragraph. ``(C) Aliens described.--An alien is described in this subparagraph if-- ``(i) the alien is otherwise admissible to the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); ``(ii) the alien resided in the Commonwealth-- ``(I) on November 28, 2009; and ``(II) on the date of the enactment of this Act; and ``(iii) the alien-- ``(I) was born in the Northern Mariana Islands between January 1, 1974, and January 9, 1978; ``(II) was, on May 8, 2008, a permanent resident as that term is defined in section 4303 of Title 3 of the Northern Mariana Islands Commonwealth Code in effect on May 8, 2008; ``(III) is the spouse or child, as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)), of an alien described in subclauses (I) or (II); or ``(IV) was, on May 8, 2008, an immediate relative, as that term is defined in section 4303 of Title 3 of the Northern Mariana Islands Commonwealth Code in effect on May 8, 2008, of a United States citizen, not withstanding the age of the United States citizen, and continues to be such an immediate relative on the date of the application described under subparagraph (A). ``(D) Adjustment for long term and permanent residents.-- ``(i) In general.--An alien described in clauses (I), (II), or (III) of subparagraph (C)(iii) may apply to receive an immigrant visa or to adjust his or her status to that of an alien lawfully admitted for permanent residence on or after January 1, 2015, and before January 1, 2016. ``(ii) Allocation of immigrant visas.--Upon the granting of an immigrant visa or approval of an application for permanent residence to an alien under this subparagraph, the Secretary of State shall reduce by one the total number of diversity immigrant visas authorized to be issued under section 201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)) for the fiscal year then current. ``(iii) Fees.--With respect to applications for CNMI-only permanent resident status, an immigrant visa or to adjust status to that of an alien lawfully admitted for permanent residence submitted by an alien described in clause (iii) of subparagraph (C), the Secretary of State and the Secretary of Homeland Security-- ``(I) may, in the discretion of each such Secretary, reduce the fees collected from the alien for CNMI-only permanent resident status, an immigrant visa, or an adjustment of status; and ``(II) shall, if applicable, waive the affidavit of support requirement under section 213A of such Act (8 U.S.C. 1183a) and subparagraphs (B)(ii) and (C)(ii) of section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)).''.

Authorizes the admission of an alien as an immigrant to the Commonwealth of the Northern Mariana Islands (Commonwealth) who is admissible to the United States, resided in the Commonwealth on November 28, 2009, and continues to so reside on the date of enactment of this Act, if such alien: (1) was born in the Commonwealth between January 1, 1974, and January 9, 1978; (2) was, on May 8, 2008, a Commonwealth permanent resident; (3) is the spouse or child of an alien described in clause 1 or clause 2 above; or (4) was on May 8, 2008, and continues to be, an immediate relative of a U.S. citizen (not withstanding the citizen's age). Prohibits, unless otherwise authorized, such alien from traveling to, or residing in, any part of the United States other than the Commonwealth. Authorizes such an alien (other than an immediate relative) to apply for an immigrant visa or to adjust his or her status to that of an alien lawfully admitted for permanent residence on or after January 1, 2015, and before January 1, 2016. Reduces the number of diversity immigrants for each such immigrant visa or permanent resident status granted.

To resolve the status of certain persons legally residing in the Commonwealth of the Northern Mariana Islands under the immigration laws of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Quality Standard Improvement Act of 2000''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to establish more effective environmental standards to continue to safeguard public health and the environment; (2) to promote better resource allocation to ensure that serious risks to air quality are addressed first; (3) to improve the ability of the Administrator of the Environmental Protection Agency to use scientific and economic analysis in developing air quality standards; (4) to yield increased public health and environmental benefits and more effective protections while minimizing costs; (5) to require that relevant qualitative and quantitative information be considered in the process of evaluating the costs and benefits of air quality standards; (6) to promote the right of the public to know about the costs and benefits of air standards, the risks addressed, the risks reduced, and the quality of scientific and economic analysis used to support decisions; and (7) to require the Administrator of the Environmental Protection Agency to conduct risk assessments and cost-benefit analyses as part of the process of establishing a new or revised air quality standard. SEC. 3. RISK ASSESSMENT AND COST-BENEFIT ANALYSIS. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``TITLE VII--RISK ASSESSMENT AND COST-BENEFIT ANALYSIS ``SEC. 701. DEFINITION OF AIR QUALITY STANDARD. ``In this title, the term `air quality standard' means-- ``(1) a national ambient air quality standard established under section 109 (including the setting of any emissions budget for purposes of attaining or maintaining any national ambient air quality standard); ``(2) an increment or ceiling for the prevention of significant deterioration established under section 163; ``(3) regulations established under section 169A to address the regional haze or other impairment of visibility by manmade air pollution in a mandatory class I Federal area; ``(4) any finding or emission limitation determined under section 126; ``(5) any emission standard or requirement that applies to on-road and nonroad mobile sources (including aircraft engine standards) established under title II; ``(6) any requirement that imposes a limitation on the quality of fuel used in mobile sources; ``(7) any emission limitation or emission budget for sulfur dioxide or nitrogen oxides established under title IV; ``(8) any preconstruction review requirement that regulates new sources or major modifications of existing sources in attainment or nonattainment areas; ``(9) the setting of any emissions budget or other requirement for purposes of attaining or maintaining any national ambient air quality standard under section 110; ``(10) any new source performance standard, existing source performance standard, or design, equipment, work practice, or operational standard established or revised under section 111; ``(11) any standard to protect public health and the environment described in section 112(f); ``(12) any new regulation applicable to an electric utility steam generating unit under section 112(n); ``(13) the designation of a pollutant under section 115 as causing or contributing to air pollution that may reasonably be anticipated to endanger public health or welfare in a foreign country; ``(14) any air pollution control technique information, transportation planning guidelines, information on procedures and methods to reduce mobile source air pollution, or control technique guidelines issued under sections 108 and 183; ``(15) any identification of attainment dates for national ambient air quality standards under part D; ``(16) any identification of control measures for the reduction of interstate ozone air pollution under section 184; and ``(17) any identification of reasonably available control measures and best available control measures for particulate matter under section 190. ``SEC. 702. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION. ``(a) Use of Science in Decisionmaking.--In carrying out this Act, (including establishing a new or revised air quality standard under this Act), the Administrator shall base any scientific or technical conclusions on-- ``(1) the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; ``(2) data collected by accepted methods or the best available methods (if the reliability of the method and the nature of the decision justifies use of the data); ``(3) data (including the underlying research data) that have been made available to the public, subject to the exemptions under section 552 of title 5, United States Code. ``(b) Public Information.-- ``(1) In general.--In carrying out this section, the Administrator shall ensure, to the maximum extent practicable, that the presentation of information on public health effects concerning any new or revised air quality standard is comprehensive, informative, understandable, and conveniently available for public comment prior to the promulgation of any regulation under this Act. ``(2) Specifications.--The Administrator shall, in a document made available to the public in support of a regulation proposed or promulgated under this Act concerning an air quality standard, specify, to the maximum extent practicable-- ``(A) each population addressed by any estimate of public health effects; ``(B) the expected risk or central estimate of risk for the specific populations or resources, where applicable, and each appropriate upper-bound or lower- bound estimate of risk; ``(C) each significant uncertainty identified in the process of the assessment of public health effects, and studies that would assist in resolving the uncertainty; and ``(D) peer-reviewed studies known to the Administrator that support, are directly relevant to, or fail to support any estimate of public health effects, and the methodologies used to reconcile inconsistencies in the scientific data. ``(3) Health risk reduction and cost analysis.-- ``(A) In general.--As part of the process of proposing a new or revised air quality standard, the Administrator shall publish in the Federal Register and seek public comment on an analysis of each of the following: ``(i) Quantifiable and nonquantifiable benefits for which there are factual bases in the rulemaking record to conclude that the benefits are likely to occur as the result of actions taken to comply with the new or revised air quality standard. ``(ii) Quantifiable and nonquantifiable health benefits for which there are factual bases in the rulemaking record to conclude that the benefits are likely to occur from reductions in other related pollutants that may be attributed to compliance with the new or revised air quality standard, excluding benefits resulting from compliance with other proposed or promulgated regulations. ``(iii) Quantifiable and nonquantifiable costs for which there is a factual basis in the rulemaking record to conclude that the costs are likely to occur as the result of actions taken to comply with or attain the new or revised air quality standard, which costs shall include monitoring, actions taken to comply with or attain the new or revised air quality standard, and other costs, and excluding costs resulting from compliance with other proposed or promulgated regulations. ``(iv) The incremental costs and benefits associated with each alternative new or revised air quality standard considered. ``(v) The effects of the air pollutant or pollutants for which a new or revised air quality standard is being considered on the general population, including, to the extent relevant and appropriate and where data are reasonably available, the effects on groups within the general population such as infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations that are identified as likely to be at greater risk of adverse health effects due to exposure to an air pollutant than the general population. ``(vi) Any risk that may occur as the result of compliance with or attainment of the new or revised air quality standard, including risks associated with other related pollutants. ``(vii) Other relevant factors, including the quality and extent of the information available concerning the new or revised air quality standard, the uncertainties in the analysis supporting clauses (i) through (vi), and factors with respect to the degree, and quantitative and qualitative descriptions of the nature, of any risk. ``(B) Approaches to measure and value benefits.-- The Administrator may identify valid approaches for the measurement and valuation of benefits under this paragraph, including approaches to identify consumer willingness to pay for reductions in health risks from air pollutants. ``(C) Authorization of appropriations.--There is authorized to be appropriated to the Administrator to conduct studies, assessments, and analyses described in this section $35,000,000 for each of fiscal years 2000 through 2003. ``SEC. 703. COST-BENEFIT ANALYSIS. ``(a) Definitions.--In this section: ``(1) Benefit.--The term `benefit' means the reasonably identifiable significant favorable effects, quantifiable and nonquantifiable, including social, health, safety, environmental, and economic effects, that are expected to result from implementation of, or compliance with, a new or revised air quality standard. ``(2) Cost.--The term `cost' means the reasonably identifiable significant adverse effects, quantifiable and nonquantifiable, including social, health, safety, environmental, and economic effects, that are expected to result from implementation of, or compliance with, a new or revised air quality standard. ``(3) Cost-benefit analysis.--The term `cost-benefit analysis' means an evaluation of the costs and benefits of a new or revised air quality standard, quantified to the extent feasible and appropriate and otherwise qualitatively described, that is prepared in accordance with the requirements of this section at the level of detail appropriate and practicable for reasoned decisionmaking on the matter involved, taking into consideration uncertainties, the significance and complexity of the decision, and the need to adequately inform the public. ``(b) Analysis.--For each new or revised air quality standard proposed, the Administrator-- ``(1) shall conduct and publish, for public comment, a cost-benefit analysis to determine whether the benefits of the new or revised air quality standard justify, or do not justify, the costs; and ``(2) may analyze the potential distributional effects of the new or revised air quality standard. ``(c) Determination of Health Risk Reduction and Cost Considerations.-- ``(1) Determination of no justification for cost.-- ``(A) In general.--Notwithstanding any other provision of this Act, if the Administrator determines, based on an analysis conducted under subsection (b), that the benefits of a new or revised air quality standard proposed or promulgated in accordance with this Act do not justify the costs, the Administrator may, after notice and opportunity for public comment, promulgate an alternative new or revised air quality standard at a cost that is justified by the benefits. ``(B) Scope of consideration.--In making a determination under subparagraph (A), the Administrator shall consider-- ``(i) only public health benefits, with respect to a determination concerning a primary national ambient air quality standard; and ``(ii) public health and environmental benefits, with respect to a determination concerning any air quality standard other than a national ambient air quality standard. ``(2) Judicial review.--A determination by the Administrator under paragraph (1)-- ``(A) shall be reviewed by a court only as part of a review of a final regulation that has been promulgated based on the determination; and ``(B) shall be set aside by a court if the court finds that the determination is arbitrary and capricious. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''.

Requires the Administrator to ensure that the presentation of information on public health effects concerning any new or revised air quality standard is comprehensive, informative, understandable, and available for public comment prior to the promulgation of any regulation under the Act. Directs the Administrator, in a document made available to the public in support of a regulation proposed or promulgated under the Act concerning an air quality standard to specify: (1) each population addressed by any estimate of public health effects; (2) the expected risk or central estimate of risk for the specific populations or resources and each upper-bound or lower- bound of risk; (3) each significant uncertainty identified in the process of the assessment of public health effects and studies that would assist in resolving such uncertainties; and (4) peer-reviewed studies that support, are relevant to, or fail to support any estimate of public health effects and the methodologies used to reconcile inconsistencies in the scientific data. Requires the Administrator, as part of the process of proposing a new or revised air quality standard, to publish in the Federal Register and seek public comment on an analysis of specified factors, including: (1) quantifiable and nonquantifiable benefits that are likely to occur as the result of actions taken to comply with the standard; (2) quantifiable and nonquantifiable health benefits that are likely to occur from reductions in related pollutants that may be attributed to compliance with the standard; (3) quantifiable and nonquantifiable costs that are likely to occur as the result of actions taken to comply with or attain the standard; (4) incremental costs and benefits associated with each alternative standard considered; (5) effects of the affected air pollutant on the general population; and (6) risks that may occur as the result of compliance with or attainment of the standard. Authorizes appropriations. Directs the Administrator, for each new or revised air quality standard proposed, to conduct and publish for public comment a cost-benefit analysis to determine whether the benefits of the standard justify or do not justify the costs. Authorizes the Administrator to analyze the potential distributional effects of each such standard. Permits the Administrator, upon determining based on such analysis that the benefits do not justify the costs, to promulgate an alternative standard at a cost that is justified by the benefits. Authorizes appropriations.

Air Quality Standard Improvement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Capture Improvement Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Capture and long-term storage of carbon dioxide from coal, natural gas, and biomass-fired power plants, as well as from industrial sectors such as oil refining and production of fertilizer, cement, and ethanol, can help protect the environment while improving the economy and national security of the United States. (2) The United States is a world leader in the field of carbon dioxide capture and long-term storage, as well as the beneficial use of carbon dioxide in enhanced oil recovery operations, with many manufacturers and licensors of carbon dioxide capture technology based in the United States. (3) While the prospects for large-scale carbon capture in the United States are promising, costs remain relatively high. Lowering the financing costs for carbon dioxide capture projects would accelerate the deployment of this technology, and if the captured carbon dioxide is subsequently sold for industrial use, such as for use in enhanced oil recovery operations, the economic prospects are further improved. (4) Since 1968, tax-exempt private activity bonds have been used to provide access to lower-cost financing for private businesses that are purchasing new capital equipment for certain specified environmental facilities, including facilities that reduce, recycle, or dispose of waste, pollutants, and hazardous substances. (5) Allowing tax-exempt financing for the purchase of capital equipment that is used to capture carbon dioxide will reduce the costs of developing carbon dioxide capture projects, accelerate their deployment, and, in conjunction with carbon dioxide utilization and long-term storage, help the United States meet critical environmental, economic, and national security goals. SEC. 3. CARBON DIOXIDE CAPTURE FACILITIES. (a) In General.--Section 142 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)-- (A) in paragraph (14), by striking ``or'' at the end, (B) in paragraph (15), by striking the period at the end and inserting ``, or'', and (C) by adding at the end the following new paragraph: ``(16) qualified carbon dioxide capture facilities.'', and (2) by adding at the end the following new subsection: ``(n) Qualified Carbon Dioxide Capture Facility.-- ``(1) In general.--For purposes of subsection (a)(16), the term `qualified carbon dioxide capture facility' means the eligible components of an industrial carbon dioxide facility. ``(2) Definitions.--In this subsection: ``(A) Eligible component.-- ``(i) In general.--The term `eligible component' means any equipment installed in an industrial carbon dioxide facility that satisfies the requirements under paragraph (3) and is-- ``(I) used for the purpose of capture, treatment and purification, compression, transportation, or on-site storage of carbon dioxide produced by the industrial carbon dioxide facility, or ``(II) integral or functionally related and subordinate to a process described in section 48B(c)(2), determined by substituting `carbon dioxide' for `carbon monoxide' in such section. ``(B) Industrial carbon dioxide facility.-- ``(i) In general.--Except as provided in clause (ii), the term `industrial carbon dioxide facility' means a facility that emits carbon dioxide (including from any fugitive emissions source) that is created as a result of any of the following processes: ``(I) Fuel combustion. ``(II) Gasification. ``(III) Bioindustrial. ``(IV) Fermentation. ``(V) Any manufacturing industry described in section 48B(c)(7). ``(ii) Exceptions.--For purposes of clause (i), an industrial carbon dioxide facility shall not include-- ``(I) any geological gas facility (as defined in clause (iii)), or ``(II) any air separation unit that-- ``(aa) does not qualify as gasification equipment, or ``(bb) is not a necessary component of an oxy-fuel combustion process. ``(iii) Geological gas facility.--The term `geological gas facility' means a facility that-- ``(I) produces a raw product consisting of gas or mixed gas and liquid from a geological formation, ``(II) transports or removes impurities from such product, or ``(III) separates such product into its constituent parts. ``(3) Capture and storage requirement.-- ``(A) In general.--Subject to subparagraph (B), the eligible components of an industrial carbon dioxide facility shall have a capture and storage percentage (as determined under subparagraph (C)) that is equal to or greater than 65 percent. ``(B) Exception.--In the case of an industrial carbon dioxide facility with a capture and storage percentage that is less than 65 percent, the percentage of the cost of the eligible components installed in such facility that may be financed with tax-exempt bonds may not be greater than the capture and storage percentage. ``(C) Capture and storage percentage.-- ``(i) In general.--Subject to clause (ii), the capture and storage percentage shall be an amount, expressed as a percentage, equal to the quotient of-- ``(I) the total metric tons of carbon dioxide annually captured, transported, and injected into-- ``(aa) a facility for geologic storage, or ``(bb) an enhanced oil or gas recovery well followed by geologic storage, divided by ``(II) the total metric tons of carbon dioxide which would otherwise be released into the atmosphere each year as industrial emission of greenhouse gas if the eligible components were not installed in the industrial carbon dioxide facility. ``(ii) Limited application of eligible components.--In the case of eligible components that are designed to capture carbon dioxide solely from specific sources of emissions or portions thereof within an industrial carbon dioxide facility, the capture and storage percentage under this subparagraph shall be determined based only on such specific sources of emissions or portions thereof.''. (b) Volume Cap.--Section 146(g)(4) of such Code is amended by striking ``paragraph (11) of section 142(a) (relating to high-speed intercity rail facilities)'' and inserting ``paragraph (11) or (16) of section 142(a)''. (c) Clarification of Private Business Use.--Section 141(b)(6) of such Code is amended by adding at the end the following new subparagraph: ``(C) Clarification relating to qualified carbon dioxide capture facilities.--For purposes of this subsection, the sale of carbon dioxide produced by a qualified carbon dioxide capture facility (as defined in section 142(n)) which is owned by a governmental unit shall not constitute private business use.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2015.

Carbon Capture Improvement Act of 2015 This bill amends the Internal Revenue Code to authorize the issuance of tax-exempt facility bonds for the financing of qualified carbon dioxide capture facilities A qualified carbon dioxide capture facility is a facility that captures or stores carbon dioxide from coal, natural gas, biomass, and other industrial sources.

Carbon Capture Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Over-the-Counter Speculation Act''. SEC. 2. LARGE OVER-THE-COUNTER TRANSACTIONS. Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended by adding at the end the following: ``(j) Commission Oversight of Over-the-Counter Transactions.-- ``(1) Over-the-counter transactions.-- ``(A) Definition.--The term `over-the-counter transaction' means a contract, agreement, or transaction in an exempt or agricultural commodity that is-- ``(i) entered into only between persons that are eligible contract participants at the time the persons enter into the agreement, contract, or transaction; ``(ii) not entered into on a trading facility; and ``(iii) not a sale of any cash commodity for deferred shipment or delivery. ``(B) All otc transactions included.-- Notwithstanding subsections (g) and (h) and any exemption issued by the Commission under section 4(c), each over-the-counter transaction shall be subject to this subsection. ``(2) Commission oversight authority.-- ``(A) In general.--In the case of a major market disturbance, as determined by the Commission, the Commission may require any trader required to report information under paragraph (3) to take such action as the Commission considers to be necessary to maintain or restore orderly trading in any contract listed for trading on a registered entity, including-- ``(i) the liquidation of any over-the- counter transaction; and ``(ii) the fixing of any limit that may apply to a market position involving any over- the-country transaction acquired in good faith before the date of the determination of the Commission. ``(B) Major market disturbance.--The term `major market disturbance' means any market disturbance in a commodity market that prevents the commodity market from accurately reflecting the forces of supply and demand for a commodity, including-- ``(i) a threatened or actual market manipulation or corner; ``(ii) excessive speculation; and ``(iii) any action of the United States or a foreign government that affects a commodity. ``(C) Market disturbance.--The term `market disturbance' shall be interpreted in a manner consistent with section 8a(9). ``(D) Judicial review.--Any action taken by the Commission under subparagraph (A) shall be subject to judicial review carried out in accordance with section 8a(9). ``(3) Reporting; recordkeeping.-- ``(A) In general.--The Commission shall require each covered person to submit to the Commission a report at such times and in such manner as the Commission determines appropriate, and containing the information required under subparagraph (C) to assist the Commission in detecting and preventing potential price manipulation of, or excessive speculation in, any contract listed for trading on a registered entity. ``(B) Covered person.--In this subsection, the term `covered person' means a person that enters into an over-the-counter transaction the reporting of which is required as the result of a determination made under paragraph (D). ``(C) Contents of report.--A report required under subparagraph (A) shall contain-- ``(i) information describing large trading positions of the covered person obtained through 1 or more over-the-counter transactions that involve-- ``(I) substantial quantities of a commodity in the cash market; or ``(II) substantial positions, investments, or trades in agreements or contracts relating to the commodity; and ``(ii) any other information relating to each covered over-the-counter transaction carried out by the covered person that the Commission determines to be necessary to accomplish the purposes described in subparagraph (A). ``(D) Large transactions.--The Commission shall identify the large over-the-counter transactions or class of large over-the-counter transactions the reporting of which the Commission determines to be appropriate to assist the Commission in detecting and preventing potential price manipulation of, or excessive speculation in, any contract listed for trading on a registered entity. In making the determinations as to which over-the-counter transactions shall be reported, the Commission shall consider the extent to which one or more of the following criteria applies-- ``(i) a standardized agreement is used to execute the transaction; ``(ii) the transaction settles against any price (including the daily or final settlement price) of 1 or more contracts listed for trading on a registered entity; ``(iii) the price of the transaction is reported to a third party, published, or otherwise disseminated; ``(iv) the price of the transaction is referenced in any other transaction; ``(v) there is a significant volume of transactions; and ``(vi) any other factor that the Commission determines to be appropriate. ``(E) Recordkeeping.--The Commission, by rule, shall require each covered person-- ``(i) in accordance with section 4i, to maintain such records as directed by the Commission for a period of 5 years, or longer, if directed by the Commission; and ``(ii) to provide such records upon request to the Commission or the Department of Justice. ``(4) Protection of proprietary information.--In carrying out this subsection, the Commission may not-- ``(A) require the real-time publication of any proprietary information; ``(B) prohibit the commercial sale or licensing of any real-time proprietary information; and ``(C) except as provided in section 8, publicly disclose any information relating to any market position, business transaction, trade secret, or name of any customer of a covered person. ``(5) Rulemaking.-- ``(A) Proposed rulemaking.--Not later than 180 days after the date of enactment of this subsection, the Commission shall issue a notice of proposed rulemaking to specify the information required to be provided and maintained by a covered person under this subsection. ``(B) Final rule.--Not later than 1 year after the date of enactment of this subsection, the Commission shall promulgate a final rule to accomplish the purpose described in subparagraph (A).''.

Over-the-Counter Speculation Act - Amends the Commodity Exchange Act to authorize the Commodity Futures Trading Commission (CFTC), in the case of a major market disturbance, to require any trader required to report under this Act to take action to maintain or restore orderly trading in any contract listed for trading on a registered entity, including: (1) liquidation of any over-the-counter transaction; and (2) fixing of any limit that may apply to a market position involving any over-the-counter transaction acquired in good faith before the date of the CFTC's determination of a major market disturbance. Defines "major market disturbance" and "over-the-counter transaction." Sets forth reporting and recordkeeping requirements.

A bill to amend the Commodity Exchange Act to provide for the oversight of large trades of over-the-counter energy and agricultural contracts to prevent price manipulation and excessive speculation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Long-Term Care Support Act of 2004''. SEC. 2. FINDINGS. The Congress hereby finds: (1) As our Nation's seniors live longer lives, the United States faces a major challenge in long-term health care needs. (2) The United States does not have a comprehensive system to support long-term care needs. (3) Since the late 1980s the proportion of households in the United States involved in unpaid caregiving activities jumped to over 25 percent. (4) Eighty-three percent of people over age 85 have a functional limitation or chronic health care condition requiring care. (5) Medicare spending on home health care has decreased significantly during the last 10 years and long-term care is expected to place a huge burden on State Medicaid programs, which are the primary source of funding for nursing homes. SEC. 3. DEDUCTION FOR QUALIFIED LONG-TERM CARE INSURANCE PREMIUMS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. PREMIUMS ON QUALIFIED LONG-TERM CARE INSURANCE CONTRACTS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the applicable percentage of the amount of eligible long-term care premiums (as defined in section 213(d)(10)) paid during the taxable year for coverage for the taxpayer or any member of the family of the taxpayer under a qualified long-term care insurance contract (as defined in section 7702B(b)). ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning in The applicable percentage is-- calendar year-- 2005...................................... 50 2006...................................... 75 2007 or thereafter........................ 100. ``(c) Member of the Family.--For purposes of this section, the term `member of the family' means, with respect to any individual-- ``(1) the spouse of the individual, ``(2) an ancestor or lineal descendant of the individual or the individual's spouse, ``(3) a brother or sister of the individual or any individual described in paragraph (1) or (2), and ``(4) the spouse of any individual described in paragraph (2) or (3). ``(d) Coordination With Other Deductions.--Any amount paid by a taxpayer for any qualified long-term care insurance contract to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a).''. (b) Long-Term Care Insurance Permitted To Be Offered Under Cafeteria Plans and Flexible Spending Arrangements.-- (1) Cafeteria plans.--Section 125(f) of the Internal Revenue Code of 1986 (defining qualified benefits) is amended by inserting before the period at the end ``; except that such term shall include the payment of premiums for any qualified long-term care insurance contract (as defined in section 7702B) to the extent the amount of such payment does not exceed the eligible long-term care premiums (as defined in section 213(d)(10)) for such contract''. (2) Flexible spending arrangements.--Section 106 of such Code (relating to contributions by an employer to accident and health plans) is amended by striking subsection (c). (c) Conforming Amendments.-- (1) Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (19) the following new item: ``(20) Premiums on qualified long-term care insurance contracts.--The deduction allowed by section 224.''. (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 224. Premiums on qualified long- term care insurance contracts. ``Sec. 225. Cross reference.''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2004. (2) Cafeteria plans and flexible spending arrangements.-- The amendments made by subsection (b) shall apply to taxable years beginning after December 31, 2006. SEC. 4. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. (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 25B the following new section: ``SEC. 25C. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable credit amount multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. ``(2) Applicable credit amount.--For purposes of paragraph (1), the applicable credit amount shall be determined in accordance with the following table: ``For taxable years beginning in The applicable credit amount is-- calendar year-- 2005.......................................... $1,000 2006.......................................... 1,500 2007.......................................... 2,000 2008.......................................... 2,500 2009 or thereafter............................ 3,000. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $150,000 in the case of a joint return, and ``(B) $75,000 in any other case. ``(3) Indexing.--In the case of any taxable year beginning in a calendar year after 2005, each dollar amount contained in paragraph (2) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `August 2004' for `August 1996' in subclause (II) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable individual.-- ``(A) In general.--The term `applicable individual' means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 39\1/2\ month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements. ``(B) Individuals with long-term care needs.--An individual is described in this subparagraph if the individual meets any of the following requirements: ``(i) The individual is at least 6 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to preform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(ii) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(iii) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(2) Eligible caregiver.-- ``(A) In general.--A taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: ``(i) The taxpayer. ``(ii) The taxpayer's spouse. ``(iii) An individual with respect to whom the taxpayer is allowed a deduction under section 151 for the taxable year. ``(iv) An individual who would be described in clause (iii) for the taxable year if section 151(c)(1)(A) were applied by substituting for the exemption amount an amount equal to the sum of the exemption amount, the standard deduction under section 63(c)(2)(C), and any additional standard deduction under section 63(c)(3) which would be applicable to the individual if clause (iii) applied. ``(v) An individual who would be described in clause (iii) for the taxable year if-- ``(I) the requirements of clause (iv) are met with respect to the individual, and ``(II) the requirements of subparagraph (B) are met with respect to the individual in lieu of the support test of section 152(a). ``(B) Residency test.--The requirements of this subparagraph are met if an individual has as his principal place of abode the home of the taxpayer and-- ``(i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer's spouse, is a member of the taxpayer's household for over half the taxable year, or ``(ii) in the case of any other individual, is a member of the taxpayer's household for the entire taxable year. ``(C) Special rules where more than 1 eligible caregiver.-- ``(i) In general.--If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. ``(ii) No agreement.--If each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in section 32(c)(5)) shall be treated as the eligible caregiver. ``(iii) Married individuals filing separately.--In the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)). ``(d) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of tax for the taxable year. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months.''. (b) Conforming Amendments.-- (1) Section 6213(g)(2) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (K), by striking the period at the end of subparagraph (M) and inserting ``, and'', and by inserting after subparagraph (M) the following new subparagraph: ``(N) an omission of a correct TIN or physician identification required under section 25C(d) (relating to credit for taxpayers with long-term care needs) to be included on a return.''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for taxpayers with long-term care needs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 5. INCREASED FUNDING FOR NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM. (a) In General.--Section 303(e)(1) of the Older Americans Act of 1965 (42 U.S.C. 3023(e)(1)) is amended by striking ``$125,000,000 for fiscal year 2001'' and inserting ``$250,000,000 for fiscal year 2005''. (b) Native Americans.--Section 643(2) of the Older Americans Act of 1965 (42 U.S.C. 3057n(2)) is amended by striking ``$5,000,000 for fiscal year 2001'' and inserting ``$10,000,000 for fiscal year 2005''.

Comprehensive Long-Term Care Support Act of 2004 - Amends the Internal Revenue Code to allow a deduction from gross income (available for taxpayers who do not itemize deductions) for the cost of long-term care premiums for the taxpayer and certain family members, including the taxpayer's spouse, ancestors, or lineal descendants. Phases in the deduction by allowing the deduction of 50 percent of the cost of premiums in 2005, 75 percent in 2006, and 100 percent in 2007 or thereafter. Allows long-term care insurance as a benefit under tax-qualified cafeteria plans and flexible spending arrangements. Allows a tax credit for caregivers of individuals with long-term health care needs. Phases in a $3,000 credit amount for 2009 or thereafter, beginning with $1,000 in 2005, $1,500 in 2006, $2,000 in 2007, and $2,500 in 2008. Reduces the amount of the credit for taxpayers with adjusted gross incomes over $75,000 ($150,000 for joint returns), adjusted for inflation after 2005. Increases funding for the the National Family Caregiver Support Program and the Native American Caregiver Support Program.

To amend the Internal Revenue Code of 1986 to allow individuals a deduction for qualified long-term care insurance premiums, a credit for individuals who care for those with long-term care needs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Ferry and High-Speed Marine Ferry Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) today's ferries are a critical transportation component in many communities, providing vital transportation services for passengers, automobiles, buses, and trucks in locations where practical alternatives are insufficient or do not exist; (2) ferries provide alternatives to other transport modes that are facing severe capacity constraints; (3) ferries do not require the construction of costly infrastructure such as roads, bridges, or tunnels, thereby reducing environmental impacts, capital investment, and initiation times; (4) ferries reduce single-occupancy vehicle travel thereby reducing traffic congestion, air pollution, and energy use; (5) ferries are flexible because vessels and some loading facilities may be shifted to new locations due to changes in demand or in times of national emergency; (6) joint efforts by private operators and local governments already have resulted in highly innovative and successful ferry operations in many urban areas; (7) recent technological developments have further developed the potential for the use of high speed marine vessels; (8) the Department of Transportation strategic plan for the National Transportation System urges emphasis on those modes of transportation that promote those interests ``of critical importance to our country, including clean air, reduced energy consumption and safe, comfortable, and cost effective transportation''; (9) ferry transportation provides cost-effective transportation in an environmentally sound manner; and (10) ferry transportation is an important and unique component of the national transportation system which should be encouraged and supported in those communities for which it is applicable. SEC. 3. REPORT ON UTILIZATION POTENTIAL. (a) Study.--The Secretary of Transportation shall conduct a study of ferry transportation in the United States and its possessions-- (1) to identify existing ferry operations, including-- (A) the locations and routes served; (B) the name, United States official number, and a description of each vessel operated as a ferry; (C) the source and amount, if any, of funds derived from Federal, State, or local government sources supporting ferry construction or operations; (D) the impact of ferry transportation on local and regional economies; and (E) the potential for use of high-speed ferry services. (2) identify potential domestic ferry routes in the United States and its possessions and to develop information on those routes, including-- (A) locations and routes that might be served; (B) estimates of capacity required; (C) estimates of capital costs of developing these routes; (D) estimates of annual operating costs for these routes; (E) estimates of the economic impact of these routes on local and regional economies; and (F) the potential for use of high-speed ferry services. (b) Report.--The Secretary shall report the results of the study under subsection (a) within 1 year after the date of enactment of this Act to the Committee on Commerce, Science, and Transportation of the United States Senate and the Committee on Transportation and Infrastructure of the United States House of Representatives. SEC. 4. MEETING WITH STATE MUNICIPAL PLANNING ORGANIZATIONS. After reporting the results of the study required by section 3, the Secretary of Transportation shall meet with the relevant State and Municipal planning organizations to discuss the results of the study and the availability of resources, both Federal and State, for providing marine ferry service. SEC. 5. FUNDING. (a) In General.--Section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note) is amended by adding at the end thereof the following: ``(e) Authorization.--In addition to any amounts otherwise authorized to be appropriated to carry out the provisions of this section, there are authorized to be appropriated $18,000,000 for each fiscal year for which funds are authorized to be appropriated under the Intermodal Surface Transportation Efficiency Act of 1991 for fiscal years beginning with fiscal year 1997. ``(f) Operational Funding.--The Secretary of Transportation shall make available under this section such amounts as may be necessary to support ferry operations providing daily transportation for workers, students, or both who reside on one or more islands in the noncontiguous United States, without regard to section 129(c)(3), or the second sentence of section 129(c)(5), of title 23, United States Code.''. (b) Operating and Leasing Amendments.--Subsection (c) of section 1064 of that Act (23 U.S.C. 129 note) is amended-- (1) by striking ``owned.'' in paragraph (3) and inserting ``owned or operated.''; and (2) by striking ``sold, leased, or'' in paragraph (6) and inserting ``sold or''. SEC. 6. LOAN GUARANTEES. (a) In General.--The Secretary of Transportation may guarantee, or make a commitment to guarantee, the payment of the principal of, and the interest on, an obligation for marine ferry operations in the transportation of passengers or passengers and vehicles in the United States and its possessions. A guarantee or commitment under this subsection shall be made-- (1) under standards and requirements substantially equivalent to those under title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.); and (2) subject to such terms as the Secretary may prescribe. (b) Applicable Laws, Etc.--A guarantee or commitment made under subsection (a) is subject to all laws, requirements, regulations, and procedures applicable to guarantees or commitments made under title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), but the Secretary shall by rule provide a simplified application and compliance process for guarantees and commitments made under subsection (a). (c) Authorization.--There are authorized to be appropriated to carry out the provisions of this section $7,000,000 for each fiscal year for which funds are authorized to be appropriated under the Intermodal Surface Transportation Efficiency Act of 1991 for fiscal years beginning after fiscal year 1997. SEC. 7. CROSS-BORDER LEASING FOR CERTAIN VESSELS. Section 12102(d)(1) of title 46, United States Code, is amended by inserting ``or for a small passenger vessel, a passenger vessel, or a ferry,'' after ``endorsement,''. SEC. 8. MARINE HIGH-SPEED FERRY SAFETY. (a) Coast Guard Review.-- The Coast Guard shall review the provisions of the International Code of Safety for High-Speed Craft to determine whether the provisions are suitable safety regulations for high-speed vessels not currently regulated, and make recommendations to the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation. (b) Manning Requirement.--Section 8101(a) of title 46, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by adding at the end the following new paragraph; ``(4) a high-speed passenger vessel shall consider the specialized nature of the vessel and the navigation, handling, and maintenance functions of that vessel for protection of life, property, and the environment, and, for purposes of this paragraph, the term `high-speed passenger vessel' means a vessel as defined by Section 2101(22) or 2101(35) of this title, which conforms to the definition of high-speed craft of Chapter 1.4.24 of the International Code of Safety for High-Speed Craft of the International Maritime Organization.''. (c) Manning Standards.--The Secretary of Transportation shall prescribe standards for the manning of each high speed passenger vessel operating on the waters of the United States or the waters of the exclusive economic zone, related to the duties, qualifications, and training of the officers and crew of the vessel, including standards related to-- (1) appropriate crew sizes; (2) the adequacy of qualifications and training of crewmembers; (3) the ability of crewmembers to take emergency actions, including the safe evacuation of passengers; (4) the use of computer simulator courses and other courses for training bridge officers and crewmembers, and the feasibility and practicality of mandating such training; (5) the advisability of cross-training of crewmembers and the need for more than one crew member to be trained to perform all essential operational tasks in both normal and emergency situations; (6) the need to specify an appropriate period of operational training for the master and each crewmember and the periods at which appropriate re-training should be carried out; and (7) the need for a type rating certificate for the master and all officers having an operational role on the vessel. In prescribing the standards, the Secretary shall consider the provisions of the International Code of Safety for High-Speed Craft of the International Maritime Organization, particularly its provisions on training and qualifications and emergency instructions and drills. A high-speed passenger vessel is a vessel as defined by section 2101(22) or 2101(35) of title 46, United States Code, which conforms to the definition of High-speed craft of Chapter 1.4.24 of the International Code of Safety for High-Speed Craft of the International Maritime Organization. SEC. 9. STUDY OF HIGH-SPEED MARINE FERRY TECHNOLOGY. The Transportation Research Board shall conduct a study to evaluate different technological approaches to the provision of high-speed marine ferry service and potential for United States utilization and report its findings to the Committee on Commerce, Science, and Technology of the United States Senate and the Committee on Transportation and Infrastructure of the United States House of Representatives within 1 year after the date of enactment of this Act.

Marine Ferry and High-Speed Marine Ferry Act - Directs the Secretary of Transportation to study and report to specified congressional committees on ferry transportation in the United States and its possessions in order to identify: (1) existing ferry operations; and (2) potential U.S. ferry routes in the United States and its possessions and to develop certain information on them. Directs the Secretary to meet with State and municipal planning organizations to discuss the results of the study and the availability of both Federal and State resources for providing marine ferry service. Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize appropriations for ferry operations providing daily transportation for workers, students, or both who reside on one or more islands in the noncontiguous United States. Authorizes the Secretary to guarantee loans for marine ferry operations in the transportation of passengers or passengers and vehicles in the United States and its possessions. Authorizes appropriations. Amends Federal shipping law, with regard to the issuance of a certificate of documentation for a small passenger vessel, passenger vessel, or a ferry, to declare that the members of an association, trust, joint venture, or other entity that owns a vessel that is not registered under the laws of a foreign country or titled in a State do not all have to be U.S. citizens provided the vessel is subject to a charter to a U.S. citizen. Directs the Coast Guard to review the International Code of Safety for High-Speed Craft to: (1) determine whether its safety regulations are suitable for high-speed vessels not currently regulated; and (2) make recommendations to specified congressional committees. Requires certain manning requirements imposed on a high-speed passenger vessel to consider the specialized nature of the vessel and its navigation, handling, and maintenance functions for protection of life, property, and the environment. Directs the Secretary to prescribe manning standards related to the duties, qualifications, and training of the officers and crew of such vessel operating on the waters of the United States or the waters of an exclusive economic zone. Directs the Transportation Research Board to evaluate and report to specified congressional committees on different technological approaches to the provision of high-speed marine ferry service and potential for U.S. utilization.

Marine Ferry and High-Speed Marine Ferry Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Original Saint-Gaudens Double Eagle Ultra-High Relief Bullion Coin Act of 2009''. SEC. 2. PALLADIUM COIN. Section 5112 of title 31, United States Code, is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(12) A $20 coin that-- ``(A) is 27 millimeters in diameter; ``(B) weighs 1 ounce; ``(C) is of an appropriate thickness, as determined by the Secretary; and ``(D) bears, on the obverse and reverse, the designs of the famous 27-millimeter version of the 1907 Augustus Saint-Gaudens Double Eagle gold piece, as described in subsection (u).''; and (2) by adding at the end, the following new subsection: ``(u) Original Saint-Gaudens Double Eagle Ultra-high Relief Numismatic Coins and Bullion Investment Coins.-- ``(1) In general.--Beginning in 2009, the Secretary shall commence minting and issuing for sale-- ``(A) such number of $20 bullion investment coins as the Secretary may determine to be appropriate, that bear the design described in paragraph (2); and ``(B) not more than 15,000 of the numismatic $20 coins that bear the design and meet the requirements of paragraph (3). ``(2) Design and requirements for bullion investment coins.-- ``(A) In general.--Except as provided under subparagraph (B), the obverse and reverse of the coins minted and issued pursuant to paragraph (1)(A) shall bear a likeness of the original obverse and reverse designs by Augustus Saint-Gaudens which appear on the famous 27-millimeter version of the 1907 Double Eagle ultra-high relief gold piece. ``(B) Variations.--The coins referred to in subparagraph (A) shall-- ``(i) have inscriptions of the weight of the coin and the purity of the alloy in the coin raised on the edge of the coin; ``(ii) bear the nominal denomination of the coin; ``(iii) bear the date of issue of the coin on the obverse, expressed as a Roman numeral as in the original design; and ``(iv) bear such other inscriptions, including `In God We Trust', as the Secretary determines to be appropriate and in keeping with the original design. ``(C) Mint facility.--Any facility of the United States Mint may be used to strike coins minted pursuant to paragraph (1)(A) other than the United States mint at West Point, New York. ``(3) Design and requirements for ultra-high relief numismatic coins.-- ``(A) In general.--Subject to subparagraph (B), the obverse and reverse of the coins minted and issued pursuant to paragraph (1)(B) shall bear exact replicas of the original obverse and reverse designs by Augustus Saint-Gaudens which appear on the famous 27-millimeter version of the 1907 Double Eagle ultra-high relief gold piece and the edge of the coin shall have all appropriate raised lettering in the same manner as the original coin. ``(B) Variations.--The coins referred to in subparagraph (A) shall-- ``(i) bear a single finish that most closely approximates the finish of the original gold 1907 ultra-high relief gold piece as is practicable; ``(ii) bear the nominal denomination of the coin; ``(iii) bear the date of issue of the coin on the obverse, expressed as a Roman numeral as in the original design; and ``(iv) bear such other inscriptions, including `In God We Trust', as the Secretary determines to be appropriate and in keeping with the original design. ``(C) Mint facility.--Coins minted pursuant to paragraph (1)(B) may only be struck at the United States mint at West Point, New York. ``(D) Fractional coins prohibited.--No coins issued under this subsection shall be made available as so- called `fractional' coins. ``(4) Distribution in sets and other coordination requirements.--If the Secretary chooses, in accordance with subsection (i), to mint and issue a gold bullion coin that bears the same design as the ultra-high relief numismatic coins described in paragraph (1)(B)-- ``(A) each palladium coin issued under paragraph (1)(B) may only be issued in a set containing 1 of each such coins; ``(B) each set of coins described in subparagraph (A) shall be provided in a presentation case of appropriate design; ``(C) the set described in subparagraph (A) may only be issued and sold in 2009; ``(D) gold coins issued in any set described in subparagraph (A) may only be struck at the United States mint at West Point, New York and no other gold coin issued by the Secretary that bears the same design as the ultra-high relief numismatic coins described in paragraph (1)(B) may be struck at such mint at West Point; and ``(E) no gold coin that bears the same design as the ultra-high relief numismatic coins described in paragraph (1)(B) shall be made available as so-called `fractional' coins. ``(5) Composition.-- ``(A) In general.--The coins minted under this subsection shall contain .995 pure palladium. ``(B) Source of bullion.-- ``(i) In general.--The Secretary shall acquire bullion for the palladium coins issued under this subsection by purchase of palladium mined from natural deposits in the United States, or in a territory or possession of the United States, within the 1-year period before the coins are minted. ``(ii) Price of bullion.--The Secretary shall pay not more than the average world price for the palladium under subparagraph (A). ``(6) Sale of coins.--Each coin issued under this subsection shall be sold for an amount the Secretary determines to be appropriate, but not less than the sum of-- ``(A) the nominal denomination of the coin; ``(B) the market value of the bullion at the time of sale; and ``(C) the cost of designing and issuing the coins, including labor, materials, dies, use of machinery, overhead expenses, marketing, distribution, and shipping. ``(7) Legal tender.--The coins minted under this subsection shall be legal tender, as provided in section 5103. ``(8) Treatment as numismatic items.--For purposes of section 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(9) Quality.--The Secretary may issue the coins described in paragraph (1)(A) in both proof and uncirculated versions. ``(10) Protective and anti-counterfeiting cover.-- ``(A) In general.--The Secretary shall give strong consideration to making the coins described in this subsection available only in protective covers that preserve the coins in the condition in which they are issued, allow clear and easy viewing of the obverse, reverse, and sides of the coin and protect it from movement within the holder, and also protect against counterfeiting of such coins or of the container. ``(B) Acquisition.--The Secretary may elect to comply with subparagraph (A) by producing and assembling such protective covers within the United States Mint or by contracting for the installation of such covers. ``(11) Further anti-counterfeiting measures.-- ``(A) Report required.--In an attempt to forestall the counterfeiting or marketing of the coins described in this section, including this subsection, and of collectible, numismatic and rare coins in general, the Comptroller General shall, after consulting with the Director of the United States Secret Service and the Federal Trade Commission, and in consultation with hobbyists, numismatists, law enforcement agencies, and the Citizens Coinage Advisory Committee, shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, before the end of the 9-month period beginning on the date of the enactment of the Original Saint-Gaudens Double Eagle Ultra-High Relief Bullion Coin Act, a report detailing the extent of counterfeiting of rare, collectible or numismatic coins made available for sale in the United States, regardless of the country where the original of such coin was produced or of the country in which the counterfeiting takes place, or sales overseas if such counterfeit coins are unauthorized copies of coins originally produced by the United States Mint. ``(B) Contents of report.--The report submitted under subparagraph (A) shall describe-- ``(i) the extent of such counterfeiting of coins and numismatic items; ``(ii) the source of such counterfeiting, if known, including which countries may be the origin of such counterfeits if they are produced outside the United States; ``(iii) the distribution and marketing channels for such counterfeits within and without the United States; ``(iv) the effect of any such counterfeiting on hobbyists, numismatists and on the investment opportunities for bullion or numismatic coins produced by the United States Mint; ``(v) whether such counterfeiting extends to the counterfeiting of coin-grading or protective materials in such a way that might imply that the counterfeit inside had been examined and authenticated by a reputable coin- grading firm; and ``(vi) such recommendations for legislative or administrative action as the Comptroller General may determine to be appropriate to curtail or forestall any such counterfeiting.''.

Original Saint-Gaudens Double Eagle Ultra-High Relief Palladium Bullion Coin Act of 2009 - Authorizes the Secretary of the Treasury to mint and issue a $20 coin that bears, on the obverse and reverse, the designs of the famous 27-millimeter version of the 1907 Augustus Saint-Gaudens Double Eagle ultra-high relief gold piece. Authorizes the Secretary to commence minting and issuing such coins for sale, beginning in 2009, in: (1) an appropriate number of $20 bullion investment coins meeting specified requirements; and (2) up to 15,000 ultra-high relief numismatic $20 coins meeting certain other requirements. Requires all coins to be minted at West Point, New York. Prohibits numismatic coins from being made available as so-called "fractional" coins. Requires the Secretary to take specified protective and anti-counterfeiting measures. Instructs the Treasury Inspector General to report to certain congressional committees on the extent of counterfeiting of rare, collectible, or numismatic coins for sale in the United States, regardless of the country where the original of such coin was produced or of the country in which the counterfeiting takes place, or sales overseas if such counterfeit coins are unauthorized copies of coins originally produced by the U.S. Mint.

To authorize the production of Saint-Gaudens Double Eagle ultra-high relief bullion coins in palladium to provide affordable opportunities for investments in precious metals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Carbon Incentives Program Act of 2009''. SEC. 2. CARBON INCENTIVES PROGRAM TO ACHIEVE SUPPLEMENTAL GREENHOUSE GAS EMISSION REDUCTIONS ON PRIVATE FOREST LAND. (a) Definitions.--In this section: (1) Avoided deforestation agreement.--The term ``avoided deforestation agreement'' means a permanent conservation easement that-- (A) covers eligible land that-- (i) is enrolled under a climate mitigation contract; and (ii) will not be converted for development; and (B) is consistent with the guidelines for-- (i) the Forest Legacy Program established under section 7 of the Cooperative Forestry Assistance Act (16 U.S.C. 2103c); or (ii) any other program approved by the Secretary for use under this section to provide consistency with Federal legal requirements for permanent conservation easements. (2) Climate mitigation contract; contract.--The term ``climate mitigation contract'' or ``contract'' means a contract of not less than 15 years that specifies-- (A) the eligible practices that will be undertaken; (B) the acreage of eligible land on which the practices will be undertaken; (C) the agreed rate of compensation per acre; and (D) a schedule to verify that the terms of the contract have been fulfilled. (3) Eligible land.--The term ``eligible land'' means forest land in the United States that is privately owned at the time of initiation of a climate mitigation contract. (4) Eligible practice.--The term ``eligible practice'' means a forestry practice, including improved forest management that produces marketable forest products, that is determined by the Secretary to provide measurable increases in carbon sequestration and storage beyond customary practices on comparable land. (5) Program.--The term ``program'' means the carbon incentives program established under this section. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Supplemental Greenhouse Gas Emission Reductions in the United States.-- (1) In general.--The Secretary shall establish a carbon incentives program to achieve supplemental greenhouse gas emission reductions on private forest land of the United States. (2) Financial incentive payments.-- (A) In general.--The Secretary shall provide to owners of eligible land financial incentive payments for-- (i) eligible practices that measurably increase carbon sequestration and storage over a designated period on eligible land, as specified through a climate mitigation contract; and (ii) subject to subparagraph (B), permanent avoided deforestation agreements on eligible land covered under a climate mitigation contract. (B) No agreement required.--Eligibility for financial incentive payments under a climate mitigation contract described in subparagraph (A)(i) shall not require an avoided deforestation agreement. (c) Performance of Supplemental Reductions.--In carrying out the program, the Secretary shall report under subsection (f) on progress toward reaching the following levels of carbon sequestration and storage through climate mitigation contracts: (1) 100,000,000 tons of carbon reductions by 2020. (2) 200,000,000 tons of further carbon reductions by 2030. (d) Program Requirements.-- (1) Contract required.--To participate in the program, an owner of eligible land shall enter into a climate mitigation contract with the Secretary. (2) Program components.--In establishing the program, the Secretary shall provide that-- (A) funds provided under this section shall not be substituted for, or otherwise used as a basis for reducing, funding authorized or appropriated under other programs to compensate owners of eligible land for activities that are not covered under a climate mitigation contract; (B) emission reductions or sequestration achieved through a climate mitigation contract shall not be eligible for crediting under any federally established carbon offset program; and (C) compensation for activities under this program shall be set at such a rate so as not to exceed the net estimated benefit an owner of eligible land would receive for similar practices under any federally established carbon offset program, taking into consideration the costs associated with the issuance of credits and compliance with reversal provisions. (3) Reversals.-- (A) In general.--In developing regulations for climate mitigation contracts, the Secretary shall specify requirements in accordance with this paragraph to address intentional or unintentional reversal of carbon sequestration during the contract period. (B) Intentional reversals.--If the Secretary finds an owner of eligible land violated a climate mitigation contract by intentionally reversing a practice or otherwise intentionally failing to comply with the contract, the Secretary shall terminate the contract and require the owner to repay any contract payments in an amount that reflects the lost carbon sequestration. (C) Unintentional reversal.--If the Secretary finds an eligible practice has been unintentionally reversed due to events outside the control of the owner of eligible land, the Secretary shall reevaluate and may modify or terminate the climate mitigation contract, after consultation with the owner, taking into consideration lost carbon sequestration and the future carbon sequestration potential of the contract. (e) Incentive Payments.-- (1) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations that specify eligible practices and related compensation rates, standards, and guidelines as the basis for entering into climate mitigation contracts with owners of eligible land. (2) Set-aside of funds for certain purposes.-- (A) In general.--Not less than 35 percent of program funds made available under this program for a fiscal year shall be used-- (i) to provide additional incentives for owners of eligible land that carry out activities and enter into agreements that protect carbon reductions and otherwise enhance environmental benefits achieved under a climate mitigation contract; and (ii) to develop forest carbon monitoring and methodologies that will improve the tracking of carbon gains achieved under the program. (B) Use.--Of the amount of program funds made available for a fiscal year, the Secretary shall use-- (i) at least 25 percent to make funds available on a competitive basis to compensate owners for entering avoided deforestation agreements on land subject to a climate mitigation contract; (ii) not more than 10 percent to provide incentive payments for additional management activities that increase the adaptive capacity of land under a climate mitigation contract; and (iii) not more than 2 percent for the Forest Inventory and Analysis Program of the Forest Service to develop improved measurement and monitoring of forest carbon stocks. (f) Program Measurement, Monitoring, Verification, and Reporting.-- (1) Measurement, monitoring, and verification.--The Secretary shall establish and implement protocols that provide monitoring and verification of compliance with climate mitigation contracts, including both direct and indirect effects and any reversal of sequestration. (2) Reporting requirement.--At least annually, the Secretary shall submit to Congress a report that contains-- (A) an estimate of annual and cumulative reductions achieved as a result of the program, determined using standardized measures, including measures of economic efficiency; and (B) a summary of any changes to the program that will be made as a result of program measurement, monitoring, and verification. (3) Availability of report.--Each report required by this subsection shall be available to the public through the website of the Department of Agriculture. (4) Program adjustments.--At least once every 2 years the Secretary shall adjust eligible practices and compensation rates for future climate mitigation contracts based on the results of monitoring under paragraph (1) and reporting under paragraph (2). (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary.

Forest Carbon Incentives Program Act of 2009 - Requires the Secretary of Agriculture to establish a carbon incentives program to achieve supplemental greenhouse gas emission reductions on private forest land of the United States. Directs the Secretary (subject to specified requirements) to provide to owners of eligible land financial incentive payments for: (1) eligible practices that measurably increase carbon sequestration and storage over a designated period, as specified through a climate mitigation contract; and (2) permanent avoided deforestation agreements (i.e., permanent conservation easements that cover eligible land that will not be converted for development). Directs the Secretary to: (1) specify requirements to address intentional or unintentional reversal of carbon sequestration during the contract period; (2) issue regulations that specify eligible practices and related compensation rates, standards, and guidelines; (3) establish and implement protocols that provide monitoring and verification of compliance with such contracts; (4) report on progress toward reaching specified levels of carbon sequestration and storage through such contracts; and (5) adjust (at least every two years) eligible practices and compensation rates for future contracts based on the results.

A bill to require the Secretary of Agriculture to establish a carbon incentives program to achieve supplemental greenhouse gas emission reductions on private forest land of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Care Act of 2005''. SEC. 2. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45J. EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of a qualified small employer, the employee health insurance expenses credit determined under this section is an amount equal to the applicable percentage of the amount paid by the taxpayer during the taxable year for qualified employee health insurance expenses. ``(b) Applicable Percentage.-- ``(1) In general.--For purposes of subsection (a), the applicable percentage is-- ``(A) 50 percent in the case of an employer with less than 26 qualified employees, ``(B) 40 percent in the case of an employer with more than 25 but less than 36 qualified employees, ``(C) 30 percent in the case of an employer with more than 35 but less than 51 qualified employees, ``(D) 20 percent in the case of an employer with more than 50 but less than 76 qualified employees, and ``(E) 10 percent in the case of an employer with more than 75 but less than 101 qualified employees. ``(2) High contribution bonus.--With respect to any taxable year during which a qualified small employer pays 100 percent of qualified employee health insurance expenses for the qualified employees of the small employer, the applicable percentage otherwise determined for such taxable year under the preceding paragraph shall be increased by 5 percentage points. ``(c) Per Employee Dollar Limitation.--The amount of qualified employee health insurance expenses taken into account under subsection (a) with respect to any qualified employee for any taxable year shall not exceed the maximum employer contribution for self-only coverage or family coverage (as applicable) determined under section 8906(a) of title 5, United States Code, for the calendar year in which such taxable year begins. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified small employer.-- ``(A) In general.--The term `qualified small employer' means any small employer which-- ``(i) provides eligibility for health insurance coverage (after any waiting period (as defined in section 9801(b)(4))) to all qualified employees of the employer, ``(ii) pays at least 70 percent of the cost of such coverage (60 percent in the case of family coverage) for each qualified employee, and ``(iii) in the case of a small employer which is located in a State which has established a health insurance purchasing pool under section 3 of the Small Business Health Care Act of 2005, joins such pool. ``(B) Transition rule for new plans.-- ``(i) In general.--If a small employer (or any predecessor) did not provide health insurance coverage to the qualified employees of the employer during the employer's precompliance period, then subparagraph (A) shall be applied to such employer for the first 5 taxable years following such period by substituting `50 percent' for `70 percent' in clause (ii) (or for `60 percent' in such clause, in the case of family coverage). ``(ii) Precompliance period.--For purposes of clause (i), the precompliance periods are-- ``(I) the period beginning with the small employer's taxable year preceding its first taxable year beginning after the date of the enactment of this section, and ``(II) the period beginning with the small employer's taxable year preceding the first taxable year for which the employer meets the requirement of subparagraph (A)(i). An employer not in existence for any period shall be treated in the same manner as an employer which is in existence and not providing coverage. ``(C) Small employer.-- ``(i) In general.--For purposes of this paragraph, the term `small employer' means, with respect to any calendar year, any employer if such employer employed an average of not less than 2 and not more than 100 qualified employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(ii) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under clause (i) shall be based on the average number of qualified employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(C) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9832(b)(1). ``(3) Qualified employee.--The term `qualified employee' means an employee of an employer who, with respect to any period, is not provided health insurance coverage under-- ``(A) a health plan of the employee's spouse, ``(B) title XVIII, XIX, or XXI of the Social Security Act, ``(C) chapter 17 of title 38, United States Code, ``(D) chapter 55 of title 10, United States Code, ``(E) chapter 89 of title 5, United States Code, or ``(F) any other provision of law. ``(4) Employee.--The term `employee'-- ``(A) means any individual, with respect to any calendar year, who is reasonably expected to receive at least $5,000 and not more than $100,000 of compensation from the employer during such year, ``(B) does not include an employee within the meaning of section 401(c)(1), and ``(C) includes a leased employee within the meaning of section 414(n). ``(5) Compensation.--The term `compensation' means amounts described in section 6051(a)(3). ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(f) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to qualified employee health insurance expenses taken into account under subsection (a).''. (b) Credit to Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following: ``(20) the employee health insurance expenses credit determined under section 45J.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45J. Employee health insurance expenses.''. (d) Employer Outreach.--The Internal Revenue Service shall, in conjunction with the Small Business Administration, develop materials and implement an educational program to ensure that business personnel are aware of-- (1) the eligibility criteria for the tax credit provided under section 45J of the Internal Revenue Code of 1986 (as added by this section), (2) the methods to be used in calculating such credit, and (3) the documentation needed in order to claim such credit, so that the maximum number of eligible businesses may claim the tax credit. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. SEC. 3. HEALTH INSURANCE PURCHASING POOLS. (a) Matching Funds for Operation of Pools.-- (1) In general.--In the case of a State or a unit of local government that establishes a health insurance purchasing pool, the Secretary of Health and Human Services shall provide, from the funds allocated under subsection (b), a grant equal to the applicable percentage of the administrative costs associated with such pool. (2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is-- (A) 75 percent for the initial year of the grant; (B) 50 percent for year succeeding the year to which subparagraph (A) is applicable; (C) 25 percent for the year succeeding the year to which subparagraph (B) is applicable; and (D) zero thereafter. (3) Special rule for local government purchasing pools.-- The Secretary of Health and Human Services shall not provide a grant under this section to any unit of a local government unless such unit of local government submits to the Secretary a certificate from the State in which such unit of local government is located authorizing such grant. (4) Health insurance purchasing pool.--For purposes of this section, the term ``health insurance purchasing pool'' means a purchasing pool for small employers (as defined under section 45J of the Internal Revenue Code of 1986) for the purpose of providing health insurance coverage (as defined in such section) to qualified employees (as defined in such section). (b) Funding.--Out of the money in the Treasury of the United States not otherwise appropriated, there are authorized and appropriated such sums as are necessary to carry out this section.

Small Business Health Care Act of 2005 - Amends the Internal Revenue Code to allow certain small employers (with between two and 100 employees) a business tax credit for a specified percentage of the health insurance costs of their employees. Directs the Internal Revenue Service, in conjunction with the Small Business Administration, to develop and implement an educational program to inform businesses of the health insurance tax credit provided by this Act. Directs the Secretary of Health and Human Services to make matching grants to state and local governments for the operation of health insurance purchasing pools.

A bill to amend the Internal Revenue Code of 1986 to provide for a tax credit for offering employer-based health insurance coverage and to provide for the establishment of health insurance purchasing pools.

SECTION 1. FINDINGS. The Congress finds the following: (1) The President has proposed a multibillion dollar reconstruction project for Iraq. (2) The President's plan includes resources to rebuild potable water and wastewater treatment facilities; schools and health facilities; ports and airports; the electric power system, roads, and bridges; railroad infrastructure; solid waste management services; irrigation systems; and selected local government buildings. (3) State and local governments in the United States have their own unmet infrastructure and social services needs. (4) State and local governments represent a significant segment of the national economy whose economic health is essential to national economic prosperity. (5) Present national economic problems have imposed considerable hardships on State and local government budgets. (6) Those governments, because of their own fiscal difficulties, are being forced to take budget-related actions which tend to undermine Federal Government efforts to stimulate the economy. (7) Efforts to stimulate the economy through reductions in Federal Government tax obligations or increased spending on Federal programs are weakened when State and local governments are forced to increase taxes or cut spending. (8) Efforts by the Federal Government to stimulate the economic recovery will be substantially enhanced by a program of emergency Federal Government assistance to State and local governments to help prevent those governments from taking budget-related actions which undermine the Federal Government efforts to stimulate economic recovery. (9) State and local governments deserve, at a minimum, the same level of Federal investment to address infrastructure and social services shortfalls as the amount of relief and reconstruction funds provided to Iraq. SEC. 2. FINANCIAL ASSISTANCE AUTHORIZED. (a) Payments to State and Local Governments.--The Secretary of the Treasury shall, in accordance with the provisions of this Act, make payments to States and local governments to coordinate budget-related actions by such governments with Federal Government efforts to stimulate economic recovery. (b) Authorization of Appropriation.--There is authorized to be appropriated to the Secretary of the Treasury for fiscal year 2003 for payments under this Act an amount equal to at least the total amount appropriated for fiscal year 2003 under the heading ``Iraq Relief and Reconstruction Fund'' in the Emergency Wartime Supplemental Appropriations Act, 2003, and any amounts appropriated for such Fund in any subsequent appropriation Act. Such amounts shall be in addition to, and not in lieu of, other amounts appropriated for payments to States and local governments. (c) Availability to Local Governments.--Not less than one-third of the amount appropriated pursuant to the authorization in subsection (b) shall be made available to local governments under the applicable laws of a given State. SEC. 3. ALLOCATION. The Secretary of the Treasury shall establish a formula, within 30 days after the date of the enactment of this Act, for determining the allocation of payments under this Act. The formula shall give priority weight to the following factors: (1) The unemployment rate in relation to the national average unemployment rate. (2) The duration of the unemployment rate above such average. (3) Median income. (4) Population. (5) The poverty rate. SEC. 4. USE OF FUNDS BY STATE AND LOCAL GOVERNMENTS. (a) In General.--Funds received under this Act may be used only for priority expenditures. For purposes of this Act, the term ``priority expenditures'' means only-- (1) ordinary and necessary maintenance and operating expenses for-- (A) primary, secondary, or higher education, including school building renovation; (B) public safety; (C) public health, including hospitals and public health laboratories; (D) social services for the disadvantaged or aged; (E) roads, transportation, and water infrastructure; and (F) housing; and (2) ordinary and necessary capital expenditures authorized by law. (b) Certifications by State and Local Governments.--The Secretary of the Treasury may accept a certification by the chief executive officer of a State or local government that the State or local government has used the funds received by it under this Act only for priority expenditures, unless the Secretary determines that such certification is not sufficiently reliable to enable the Secretary to carry out this Act. The Secretary shall prescribe by rule the time and manner in which the certification must be filed.

Directs the Secretary of the Treasury to make payments to States and local governments to coordinate their budget-related actions with Federal Government efforts to stimulate the economy. Authorizes appropriations for FY 2003 for such payments in an amount equal to the total amount appropriated for for FY 2003 for the Iraq Relief and Reconstruction Fund in the Emergency Wartime Supplemental Appropriations Act, 2003, and subsequent appropriations Acts. Requires not less than one-third of such amount to be made available to local governments. Requires the Secretary to establish a formula for determining the allocation of payments, with priority consideration to the relative unemployment rate, median income, population, and poverty rate. Permits the use of funds received by States and local governments only for: (1) ordinary and necessary maintenance and operating expenses for education, public safety, public health, social services, roads, transportation, water infrastructure, and housing; and (2) ordinary and necessary capital expenditures authorized by law.

A bill to require payments to State and local governments for infrastructure and social services needs in the same amount as the amount of relief and reconstruction funds provided to Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Vision Rehabilitation Services Act of 2001''. SEC. 2. IMPROVEMENT OF OUTPATIENT VISION SERVICES UNDER PART B. (a) Coverage Under Part B.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and 105(a) 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 subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) vision rehabilitation services (as defined in subsection (ww)(1));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by sections 102(b) and 105(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 by adding at the end the following new subsection: ``Vision Rehabilitation Services: Vision Rehabilitation Professional ``(ww)(1)(A) The term `vision rehabilitation services' means rehabilitative services (as determined by the Secretary in regulations) furnished-- ``(i) to an individual diagnosed with a vision impairment (as defined in paragraph (6)), ``(ii) pursuant to a plan of care established by a qualified physician (as defined in subparagraph (C)), or by a qualified occupational therapist, and is periodically reviewed by the qualified physician, ``(iii) in an appropriate setting (including the home of the individual receiving such services if specified in the plan of care), and ``(iv) by any of the following individuals: ``(I) A qualified physician. ``(II) A qualified occupational therapist. ``(III) A vision rehabilitation professional (as defined in paragraph (2)) while under the general supervision (as defined in subparagraph (D)) of a qualified physician. ``(B) In the case of vision rehabilitation services furnished by a vision rehabilitation professional, the plan of care may only be established and reviewed by a qualified physician. ``(C) The term `qualified physician' means-- ``(i) a physician (as defined in subsection (r)(1)) who is an ophthalmologist; or ``(ii) a physician (as defined in subsection (r)(4) (relating to a doctor of optometry)). ``(D) The term `general supervision' means, with respect to a vision rehabilitation professional, overall direction and control of that professional by the qualified physician who established the plan of care for the individual, but the presence of the qualified physician is not required during the furnishing of vision rehabilitation services by that professional to the individual. ``(2) The term `vision rehabilitation professional' means any of the following individuals: ``(A) An orientation and mobility specialist (as defined in paragraph (3)). ``(B) A rehabilitation teacher (as defined in paragraph (4)). ``(C) A low vision therapist (as defined in paragraph (5)). ``(3) The term `orientation and mobility specialist' means an individual who-- ``(A) if a State requires licensure or certification of orientation and mobility specialists, is licensed or certified by that State as an orientation and mobility specialist; ``(B)(i) holds a baccalaureate or higher degree from an accredited college or university in the United States (or an equivalent foreign degree) with a concentration in orientation and mobility; and ``(ii) has successfully completed 350 hours of clinical practicum under the supervision of an orientation and mobility specialist and has furnished not less than 9 months of supervised full-time orientation and mobility services; ``(C) has successfully completed the national examination in orientation and mobility administered by the Academy for Certification of Vision Rehabilitation and Education Professionals; and ``(D) meets such other criteria as the Secretary establishes. ``(4) The term `rehabilitation teacher' means an individual who-- ``(A) if a State requires licensure or certification of rehabilitation teachers, is licensed or certified by the State as a rehabilitation teacher; ``(B)(i) holds a baccalaureate or higher degree from an accredited college or university in the United States (or an equivalent foreign degree) with a concentration in rehabilitation teaching, or holds such a degree in a health field; and ``(ii) has successfully completed 350 hours of clinical practicum under the supervision of a rehabilitation teacher and has furnished not less than 9 months of supervised full-time rehabilitation teaching services; ``(C) has successfully completed the national examination in rehabilitation teaching administered by the Academy for Certification of Vision Rehabilitation and Education Professionals; and ``(D) meets such other criteria as the Secretary establishes. ``(5) The term `low vision therapist' means an individual who-- ``(A) if a State requires licensure or certification of low vision therapists, is licensed or certified by the State as a low vision therapist; ``(B)(i) holds a baccalaureate or higher degree from an accredited college or university in the United States (or an equivalent foreign degree) with a concentration in low vision therapy, or holds such a degree in a health field; and ``(ii) has successfully completed 350 hours of clinical practicum under the supervision of a physician, and has furnished not less than 9 months of supervised full-time low vision therapy services; ``(C) has successfully completed the national examination in low vision therapy administered by the Academy for Certification of Vision Rehabilitation and Education Professionals; and ``(D) meets such other criteria as the Secretary establishes. ``(6) The term `vision impairment' means vision loss that constitutes a significant limitation of visual capability resulting from disease, trauma, or a congenital or degenerative condition that cannot be corrected by conventional means, including refractive correction, medication, or surgery, and that is manifested by one or more of the following: ``(A) Best corrected visual acuity of less than 20/60, or significant central field defect. ``(B) Significant peripheral field defect including homonymous or heteronymous bilateral visual field defect or generalized contraction or constriction of field. ``(C) Reduced peak contrast sensitivity in conjunction with a condition described in subparagraph (A) or (B). ``(D) Such other diagnoses, indications, or other manifestations as the Secretary may determine to be appropriate.''. (c) Payment Under Part B.-- (1) Physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(W),'' after ``(2)(S),''. (2) Carve out from hospital outpatient department prospective payment system.--Section 1833(t)(1)(B)(iv) of such Act (42 U.S.C. 1395l(t)(1)(B)(iv)), as redesignated by section 201(e)(1)(B) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (as enacted into law by section 1000(a)(6) of Public Law 106-113), is amended by inserting ``vision rehabilitation services (as defined in section 1861(ww)(1)), or'' after ``does not include''. (3) Clarification of billing requirements.--The first sentence of section 1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(G)''; and (B) by inserting before the period the following: ``, and (H) in the case of vision rehabilitation services (as defined in section 1861(ww)(1)) furnished by a vision rehabilitation professional (as defined in section 1861(ww)(2)) while under the general supervision (as defined in section 1861(ww)(1)(D)) of a qualified physician (as defined in section 1861(ww)(1)(C)), payment shall be made to (i) the qualified physician or (ii) the facility (such as a rehabilitation agency, a clinic, or other facility) through which such services are furnished under the plan of care if there is a contractual arrangement between the vision rehabilitation professional and the facility under which the facility submits the bill for such services''. (d) Plan of Care.--Section 1835(a)(2) of the Social Security Act (42 U.S.C. 1395n(a)(2)) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; (2) in subparagraph (F), by striking the period and inserting ``; and (3) by inserting after subparagraph (F) the following new subparagraph: ``(G) in the case of vision rehabilitation services, that (i) such services are or were required because the individual needed vision rehabilitation services, (ii) an individualized, written plan for furnishing such services has been established (I) by a qualified physician (as defined in section 1861(ww)(1)(C)), (II) by a qualified occupational therapist, or (III) in the case of such services furnished by a vision rehabilitation professional, by a qualified physician, (iii) the plan is periodically reviewed by the qualified physician, and (iv) such services are or were furnished while the individual is or was under the care of the qualified physician.''. (e) Relationship to Rehabilitation Act of 1973.--The provision of vision rehabilitation services under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) shall not be taken into account for any purpose under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (f) Effective Date.-- (1) Interim, final regulations.--The Secretary shall publish a rule under this section in the Federal Register by not later than 180 days after the date of the enactment of this section to carry out the provisions of this section. Such rule shall be effective and final immediately on an interim basis, but is subject to change and revision after public notice and opportunity for a period (of not less than 60 days) for public comment. (2) Consultation.--The Secretary shall consult with the National Vision Rehabilitation Cooperative, the Association for Education and Rehabilitation of the Blind and Visually Impaired, the Academy for Certification of Vision Rehabilitation and Education Professionals, the American Academy of Ophthalmology, the American Occupational Therapy Association, the American Optometric Association, and such other qualified professional and consumer organizations as the Secretary determines appropriate in promulgating regulations to carry out this Act.

Medicare Vision Rehabilitation Services Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for coverage of outpatient vision rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program.

To amend title XVIII of the Social Security Act to improve outpatient vision services under part B of the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asset Forfeiture Fund Reform and Distribution Act of 2011''. SEC. 2. ASSET FORFEITURE FUND REFORM. (a) In General.--Section 311(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)) is amended-- (1) by striking ``(1) Notwithstanding'' and inserting ``(1)(A) Notwithstanding''; and (2) in paragraph (1)-- (A) by striking ``may pay from'' and inserting ``shall use each of the''; and (B) by striking ``(16 U.S.C. 3371 et seq.)--'' and all that follows through the end of the paragraph and inserting the following: ``(16 U.S.C. 3371 et seq.), to make a payment, in the amount of the sum received-- ``(i) if the violation occurred in a State, to such State; ``(ii) if the violation did not occur in a State, to the State in which the vessel involved in the violation is homeported; or ``(iii) if the violation did not occur in a State and did not involve a vessel, to the State which is most directly affected by the violation. ``(B) Amounts paid to a State under subparagraph (A) shall be used for research and monitoring activities as determined appropriate by the head of the agency of the State that is responsible for management of marine fisheries. Such activities may include-- ``(i) fishery research and independent stock assessments, including cooperative research; ``(ii) socioeconomic assessments, including socioeconomic conditions of fishing communities; ``(iii) data collection, including creation of an information system that will enable timely audit and transmission of data for utilization by researchers and other collaborating institutions; ``(iv) compensation for the costs of analyzing the economic impacts of fishery management decisions and to analyze potential methods to provide targeted compensation to fisherman that have been harmed by such management decisions; ``(v) at-sea and shoreside monitoring of fishing; ``(vi) preparation of fishery impact statements; and ``(vii) other activities that a Regional Fishery Management Council of which the State is a member considers to be necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, provide socioeconomic economic assistance, or maintain fishing communities.''. (b) Rule of Application.--The amendments made by subsection (a) shall apply with respect to amounts received under section 311(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)) after September 30, 2011. (c) Transition Rule.-- (1) In general.--The Secretary may use any amount received as a fisheries enforcement penalty before October 1, 2011, to reimburse appropriate legal fees and costs to a covered person in an amount not to exceed $200,000 per covered person. (2) Timing.-- (A) Submission of application.--A covered person seeking reimbursement of appropriate legal fees and costs under paragraph (1) shall submit to the Secretary an application for such reimbursement-- (i) in the case of a covered person described in paragraph (4)(B)(i), not later than December 31, 2011; and (ii) in the case of a covered person described in paragraph (4)(B)(ii), not later than 1 year after the date on which the Secretary directed that such covered person shall receive a remittance of a fisheries enforcement penalty. (B) Determination.--Not later than 60 days after receiving an application under paragraph (1), the Secretary shall make a final determination on whether to provide such reimbursement and the amount of any such reimbursement. (3) Remaining funds.--The Secretary shall use-- (A) 80 percent of the amounts described in paragraph (1) remaining after all reimbursements have been made under such paragraph, for fishery stock assessments in the fishery management region that the Secretary determines to be appropriate; and (B) 20 percent of such amounts to make payments to States in accordance with section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)). (4) Definitions.--In this subsection: (A) The term ``appropriate legal fees and costs'' means the legal fees and costs incurred by a covered person-- (i) that the Secretary determines were appropriately incurred by the covered person in successfully challenging a fisheries enforcement penalty; and (ii) that were incurred not later than 30 days after the date on which the Secretary directed that such penalty shall be remitted to the covered person. (B) The term ``covered person'' means-- (i) a person that the Secretary directed shall receive a remittance of a fisheries enforcement penalty in the Decision Memorandum; or (ii) a person that-- (I) received a Notice of Violation and Assessment issued on or after March 17, 1994, for a fisheries enforcement penalty that was settled or otherwise resolved prior to February 3, 2010; (II) paid such fisheries enforcement penalty; (III) submitted a complaint prior to May 7, 2011, seeking remittance of such civil penalty; and (IV) the Secretary directed shall receive a remittance of a fisheries enforcement penalty or a portion of such remittance. (C) The term ``Decision Memorandum'' means the Secretarial Decision Memorandum issued by the Secretary on May 17, 2011, entitled ``Decisions regarding Certain NOAA Fisheries Enforcement Cases Based on Special Master Swartwood's Report and Recommendations''. (D) The term ``fisheries enforcement penalty'' means any fine, penalty, or forfeiture of property imposed for a violation of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or of any other marine resource law enforced by the Secretary, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). (E) The term ``Secretary'' means the Secretary of Commerce. SEC. 3. LIMITATION ON ADMINISTRATIVE LAW JUDGES IN THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (a) In General.--Subject to subsection (b), the Administrator of the National Oceanic and Atmospheric Administration (referred to in this section as ``NOAA'') may not assign any proceeding required to be conducted in accordance with sections 556 and 557 of title 5 to an individual who has served as an administrative law judge for NOAA for a period of five or more years if such proceeding pertains to the same fishery management region to which the majority of such proceedings that the individual presided over within the period pertained. (b) Reassignment After Five Years.--Subsection (a) does not apply to an individual who has not served as an administrative law judge for NOAA within a five-year period ending on the date of the assignment described in such subsection. SEC. 4. DEFINITION OF FISHERY MANAGEMENT REGION. In this Act, the term ``fishery management region'' means a region under the jurisdiction of a Regional Fishery Management Council established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852).

Asset Forfeiture Fund Reform and Distribution Act of 2011 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce (Secretary) or the Secretary of the Treasury, after September 30, 2011, to use each of the sums received as fines, penalties, and forfeitures of property for violations of any provisions of such Act, or of any other fishery resource law enforced by the Secretary, to make a payment to: (1) the state in which the violation occurred, (2) the state in which the vessel involved in the violation is homeported if the violation did not occur in a state, or (3) the state most directly affected by a violation neither occurring in a state nor involving a vessel. (Current law authorizes using such sums for certain civil and criminal enforcement costs.) Directs states to use such amounts for specified research and monitoring activities. Sets forth transitional rules authorizing the Secretary to use such amounts received before October 1, 2011, to reimburse appropriate legal fees and costs, up to $200,000 per person, to specified persons the Secretary directed to receive a remittance of at least a portion of a fisheries enforcement penalty. Prohibits the Administrator of the National Oceanic and Atmospheric Administration (NOAA) from assigning specified rulemaking or adjudication proceedings to an individual who has served as an NOAA administrative law judge for at least a five-year period if such proceeding pertains to the same fishery management region to which the majority of such proceedings that the individual presided over within the period pertained.

To amend the Magnuson-Stevens Fishery Conservation and Management Act to reform procedures for the payment of funds from the asset forfeiture fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``International Adoption Simplification Act''. SEC. 2. EXEMPTION FROM VACCINATION DOCUMENTATION REQUIREMENT. Section 212(a)(1)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(C)(ii)) is amended by striking ``section 101(b)(1)(F),'' and inserting ``subparagraph (F) or (G) of section 101(b)(1);''. SEC. 3. SIBLING ADOPTIONS. Section 101(b)(1)(G) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(G)) is amended to read as follows: ``(G)(i) a child, younger than 16 years of age at the time a petition is filed on the child's behalf to accord a classification as an immediate relative under section 201(b), who has been adopted in a foreign state that is a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States by a United States citizen and spouse jointly or by an unmarried United States citizen who is at least 25 years of age, Provided, That-- ``(I) the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States; ``(II) the child's natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death or disappearance of, abandonment or desertion by, the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child's emigration and adoption; ``(III) in the case of a child having two living natural parents, the natural parents are incapable of providing proper care for the child; ``(IV) the Secretary of Homeland Security is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated (and in carrying out both obligations under this subclause the Secretary of Homeland Security may consider whether there is a petition pending to confer immigrant status on one or both of such natural parents); and ``(V) in the case of a child who has not been adopted-- ``(aa) the competent authority of the foreign state has approved the child's emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and ``(bb) the prospective adoptive parent or parents has or have complied with any pre-adoption requirements of the child's proposed residence; and ``(ii) except that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or ``(iii) subject to the same provisos as in clauses (i) and (ii), a child who-- ``(I) is a natural sibling of a child described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); ``(II) was adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); and ``(III) is otherwise described in clause (i), except that the child is younger than 18 years of age at the time a petition is filed on his or her behalf for classification as an immediate relative under section 201(b).''. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Exception.--An alien who is described in section 101(b)(1)(G)(iii) of the Immigration and Nationality Act, as added by section 3, and attained 18 years of age on or after April 1, 2008, shall be deemed to meet the age requirement specified in subclause (III) of such section if a petition for classification of the alien as an immediate relative under section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)) is filed not later than 2 years after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

International Adoption Simplification Act - Amends the Immigration and Nationality Act to include in the definition of "child," and thus in the exemption from required admissions vaccination documentation, certain children who have been adopted in a foreign country that is a signatory to the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (Hague Convention) or who are emigrating from such a country for U.S. adoption. Includes in such definition and exemption a child who is under the age of 18 at the time an immediate relative status petition is filed on his or her behalf, has been adopted abroad or is coming for U.S. adoption, and is the natural sibling of: (1) an adopted child from a Hague Convention signatory country; (2) a child adopted under the age of 16 who has lived with the adoptive parents for at least two years, or a child who has been abused; or (3) an orphan who was under the age of 16 at the time an immediate relative status petition was filed on his or her behalf. Makes such provisions effective on the date of enactment of this Act, except that such an alien sibling who has attained the age of 18 on or after April 1, 2008, shall be deemed to meet the age requirement if a petition for classification of the alien as an immediate relative is filed not later than two years after the date of the enactment of this Act.

A bill to restore immunization and sibling age exemptions for children adopted by United States citizens under the Hague Convention on Intercountry Adoption to allow their admission into the United States.

SECTION 1. PROTECTION OF NATURAL AND HISTORIC FEATURES OF CLOSED OR REALIGNED MILITARY INSTALLATIONS. (a) Property at Bases Closed or Realigned Under Existing Special Base Closure Laws.--(1) Section 204(b)(3) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended to read as follows: ``(3)(A) Before any action is taken with respect to the disposal or transfer of any real property or facility located at a military installation to be closed or realigned under this title, the Secretary shall identify all areas and facilities at the installation that are of exceptional natural or historic character. The identification of such areas and facilities shall be made in consultation with the Secretary of the Interior and the Secretary of Agriculture. ``(B) Areas and facilities at a military installation identified under subparagraph (A) as being of exceptional natural or historic character shall be transferred by the Secretary to the Secretary of the Interior for inclusion in the National Park System, at the request of the Secretary of the Interior, or to the Secretary of Agriculture for inclusion in the National Forest System, at the request of the Secretary of Agriculture. The transfer shall be made without reimbursement. ``(C) In the absence of a request under subparagraph (B) for a particular area or facility, the Secretary shall transfer the area or facility to the State or local government in which the area or facility is located if the State or local government agrees to maintain and preserve the area or facility involved as a park, historic site, or other recreational site. The transfer shall be made without reimbursement. ``(D) After satisfying the requirements of subparagraphs (A), (B), and (C), the Secretary shall notify all departments and other instrumentalities (including nonappropriated fund instrumentalities) within the Department of Defense of the availability of any remaining property or facility and may transfer, without reimbursement, the property or facility to any such department or instrumentality. However, the Secretary shall give a priority, and shall transfer, to any such department or other instrumentality that agrees to pay fair market value for the property or facility. For purposes of this subparagraph, fair market value shall be determined on the basis of the use of the property or facility on December 31, 1988. ``(E) This paragraph shall take precedence over any other provision of this title or other provision of law with respect to the disposal or transfer of real property or facility located at a military installation to be closed or realigned under this title.''. (2) Section 2905(b)(2) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended-- (A) by striking subparagraph (D); (B) by redesignating subparagraph (E) as subparagraph (H); and (C) by inserting after subparagraph (C) the following new subparagraphs: ``(D) Before any action is taken with respect to the disposal or transfer of any real property or facility located at a military installation to be closed or realigned under this part, the Secretary shall identify all areas and facilities at the installation that are of exceptional natural or historic character. The identification of such areas and facilities shall be made in consultation with the Secretary of the Interior, the Secretary of Agriculture, and the persons specified in subparagraph (H). ``(E) Areas and facilities at a military installation identified under subparagraph (D) as being of exceptional natural or historic character shall be transferred by the Secretary to the Secretary of the Interior for inclusion in the National Park System, at the request of the Secretary of the Interior, or to the Secretary of Agriculture for inclusion in the National Forest System, at the request of the Secretary of Agriculture. The transfer shall be made without reimbursement. ``(F) In the absence of a request under subparagraph (E) for a particular area or facility, the Secretary shall transfer the area or facility to the State or local government in which the area or facility is located if the State or local government agrees to maintain and preserve the area or facility involved as a park, historic site, or other recreational site. The transfer shall be made without reimbursement. ``(G) After satisfying the requirements of subparagraphs (D), (E), and (F), the Secretary shall notify all departments and other entities (including nonappropriated fund instrumentalities) within the Department of Defense and the Coast Guard of the availability of the property or facility and may transfer, with or without reimbursement, the property or facility to any such department or instrumentality.''. (b) Disposal or Transfer of Property Under Other Authority.--(1) Before any action is taken with respect to the disposal or transfer of any real property or facility located at a military installation to be closed or realigned under any law (other than title II of the Defense Authorization Amendments and Base Closure and Realignment Act or the Defense Base Closure and Realignment Act of 1990), the Secretary of Defense shall identify all areas and facilities at the installation that are of exceptional natural or historic character. The identification of such areas and facilities shall be made in consultation with the Secretary of the Interior and the Secretary of Agriculture. (2) Areas and facilities at a military installation identified under paragraph (1) as being of exceptional natural or historic character shall be transferred by the Secretary of Defense to the Secretary of the Interior for inclusion in the National Park System, at the request of the Secretary of the Interior, or to the Secretary of Agriculture for inclusion in the National Forest System, at the request of the Secretary of Agriculture. The transfer shall be made without reimbursement. (3) In the absence of a request under paragraph (2) for a particular area or facility, the Secretary shall transfer the area or facility to the State or local government in which the area or facility is located if the State or local government agrees to maintain and preserve the area or facility involved as a park, historic site, or other recreational site. The transfer shall be made without reimbursement.

Directs the Secretary of Defense, before any action is taken with respect to the disposal or transfer of real property or facilities located at military bases to be closed or realigned, to: (1) identify all areas and facilities that are of exceptional natural or historic character; and (2) transfer such areas and facilities, upon request, to the Secretary of the Interior for inclusion in the National Park System or the Secretary of Agriculture for inclusion in the National Forest System or, in the absence of a request, to the appropriate State or local government if such government agrees to preserve such areas and facilities as a park, historic site, or recreational area. Makes conforming amendments to the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990.

To require the Secretary of Defense to protect areas of exceptional natural or historic character during the process of closing or realigning a military installation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marrakesh Treaty Implementation Act''. SEC. 2. IMPLEMENTATION AMENDMENTS. (a) In General.--Chapter 1 of title 17, United States Code, is amended-- (1) in section 121-- (A) in subsection (a)-- (i) by inserting ``in the United States'' after ``distribute''; (ii) by striking ``, nondramatic''; (iii) by inserting ``or of a previously published musical work that has been fixed in the form of text or notation'' after ``literary work''; (iv) by striking ``specialized formats'' and inserting ``accessible formats''; and (v) by striking ``blind or other persons with disabilities'' and inserting ``eligible persons''; (B) in subsection (b)(1)-- (i) in subparagraph (A)-- (I) by inserting ``in the United States'' after ``distributed''; (II) by striking ``a specialized format'' and inserting ``an accessible format''; and (III) by striking ``blind or other persons with disabilities'' and inserting ``eligible persons''; and (ii) in subparagraph (B), by striking ``a specialized format'' and inserting ``an accessible format''; (C) in subsection (c)(3), by striking ``specialized formats'' and inserting ``accessible formats''; and (D) in subsection (d)-- (i) by striking paragraphs (2) and (4); (ii) by redesignating paragraph (1) as paragraph (2); (iii) by redesignating paragraph (3) as paragraph (4); (iv) by inserting before paragraph (2), as so redesignated, the following: ``(1) `accessible format' means an alternative manner or form that gives an eligible person access to the work when the copy or phonorecord in the accessible format is used exclusively by the eligible person to permit him or her to have access as feasibly and comfortably as a person without such disability as described in paragraph (3);''; (v) by inserting after paragraph (2), as so redesignated, the following: ``(3) `eligible person' means an individual who, regardless of any other disability-- ``(A) is blind; ``(B) has a visual impairment or perceptual or reading disability that cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability; or ``(C) is otherwise unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading; and''; and (vi) in paragraph (4), as so redesignated, by striking ``; and'' at the end and inserting a period; and (2) by inserting after section 121 the following: ``Sec. 121A. Limitations on exclusive rights: reproduction for blind or other people with disabilities in Marrakesh Treaty countries ``(a) Notwithstanding the provisions of sections 106 and 602, it is not an infringement of copyright for an authorized entity, acting pursuant to this section, to export copies or phonorecords of a previously published literary work or of a previously published musical work that has been fixed in the form of text or notation in accessible formats to another country when the exportation is made either to-- ``(1) an authorized entity located in a country that is a Party to the Marrakesh Treaty; or ``(2) an eligible person in a country that is a Party to the Marrakesh Treaty, if prior to the exportation of such copies or phonorecords, the authorized entity engaged in the exportation did not know or have reasonable grounds to know that the copies or phonorecords would be used other than by eligible persons. ``(b) Notwithstanding the provisions of sections 106 and 602, it is not an infringement of copyright for an authorized entity or an eligible person, or someone acting on behalf of an eligible person, acting pursuant to this section, to import copies or phonorecords of a previously published literary work or of a previously published musical work that has been fixed in the form of text or notation in accessible formats. ``(c) In conducting activities under subsection (a) or (b), an authorized entity shall establish and follow its own practices, in keeping with its particular circumstances, to-- ``(1) establish that the persons the authorized entity serves are eligible persons; ``(2) limit to eligible persons and authorized entities the distribution of accessible format copies by the authorized entity; ``(3) discourage the reproduction and distribution of unauthorized copies; ``(4) maintain due care in, and records of, the handling of copies of works by the authorized entity, while respecting the privacy of eligible persons on an equal basis with others; and ``(5) facilitate effective cross-border exchange of accessible format copies by making publicly available-- ``(A) the titles of works for which the authorized entity has accessible format copies or phonorecords and the specific accessible formats in which they are available; and ``(B) information on the policies, practices, and authorized entity partners of the authorized entity for the cross-border exchange of accessible format copies. ``(d) Nothing in this section shall be construed to establish-- ``(1) a cause of action under this title; or ``(2) a basis for regulation by any Federal agency. ``(e) Nothing in this section shall be construed to limit the ability to engage in any activity otherwise permitted under this title. ``(f) For purposes of this section-- ``(1) the terms `accessible format', `authorized entity', and `eligible person' have the meanings given those terms in section 121; and ``(2) the term `Marrakesh Treaty' means the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities concluded at Marrakesh, Morocco, on June 28, 2013.''. (b) Table of Sections Amendment.--The table of sections for chapter 1 of title 17, United States Code, is amended by inserting after the item relating to section 121 the following: ``121A. Limitations on exclusive rights: reproduction for blind or other people with disabilities in Marrakesh Treaty countries.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Marrakesh Treaty Implementation Act (Sec. 2) This bill amends federal copyright law to implement the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty). Specifically, it modifies the limitations and exceptions to federal copyright infringement that allow published works to be reproduced and distributed in accessible formats for individuals with print disabilities. The bill: makes such limitations and exceptions applicable only to activities in the United States, broadens the scope of published works that may be reproduced and distributed in accessible formats, and modifies certain terms and definitions to conform with the Marrakesh Treaty. Additionally, the bill adds a new section to allow published works in accessible formats to be exported and imported for individuals with print disabilities.

Marrakesh Treaty Implementation Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Mark-to-Market Extension Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Extension of Mark-to-Market program. Sec. 5. Exception rents. Sec. 6. Otherwise eligible projects. Sec. 7. Disaster-damaged eligible projects. Sec. 8. Period of eligibility for nonprofit debt relief. Sec. 9. Effective date. SEC. 2. PURPOSES. The purpose of this Act is to-- (1) continue the progress of the Multifamily Assisted Housing Reform and Affordability Act of 1997, as amended by the Mark-To-Market Extension Act of 2001; (2) expand eligibility for Mark-to-Market restructuring so as to further the preservation of affordable housing in a cost- effective manner; and (3) provide for the preservation and rehabilitation of projects damaged by Hurricanes Katrina, Rita, and Wilma, or by other natural disasters. SEC. 3. DEFINITIONS. Section 512 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by adding at the end the following: ``(20) Disaster-damaged eligible project.-- ``(A) In general.--The term `disaster-damaged eligible project' means an otherwise eligible multifamily housing project-- ``(i) that is located in a county that was designated a major disaster area on or after January 1, 2005, by the President pursuant to title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); ``(ii) whose owner carried casualty and liability insurance covering such project in an amount required by the Secretary; ``(iii) that suffered damages not covered by such insurance that the Secretary determines is likely to exceed $5,000 per unit in connection with the natural disaster that was the subject of the designation described in subparagraph (A); and ``(iv) whose owner requests restructuring of the project not later than 2 years after the date that such damage occurred. ``(B) Rule of construction.--A disaster-damaged eligible project shall be eligible for amounts under this Act without regard to the relationship between rent levels for the assisted units in such project and comparable rents for the relevant market area.''. SEC. 4. EXTENSION OF MARK-TO-MARKET PROGRAM. Section 579 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by striking ``October 1, 2006'' each place that term appears and inserting ``October 1, 2011''. SEC. 5. EXCEPTION RENTS. Section 514(g)(2) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended-- (1) by inserting ``disaster-damaged eligible projects and'' after ``waive this limit''; and (2) by striking ``five percent'' and inserting ``9 percent''. SEC. 6. OTHERWISE ELIGIBLE PROJECTS. Section 514 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by adding at the end the following: ``(i) Other Eligible Projects.-- ``(1) In general.--Notwithstanding any other provision of this subtitle, a project that meets the requirements of subparagraphs (B) and (C) of section 512(2) but does not meet the requirements of subparagraph (A) of section 512(2), may be treated as an eligible multifamily housing project on an exception basis if the Secretary determines, subject to paragraph (2), that such treatment is necessary to preserve the project in the most cost-effective manner in relation to other alternative preservation options. ``(2) Owner request.-- ``(A) Request required.--The Secretary shall not treat an otherwise eligible project described under paragraph (1) as an eligible multifamily housing project unless the owner of the project requests such treatment. ``(B) No adverse treatment if no request made.--If the owner of a project does not make a request under subparagraph (A), the Secretary shall not withhold from such project any other available preservation option. ``(3) Cancellation.-- ``(A) Timing.--At any time prior to the completion of a mortgage restructuring under this subtitle, the owner of a project may-- ``(i) withdraw any request made under paragraph (2)(A); and ``(ii) pursue any other option with respect to the renewal of such owner's section 8 contract pursuant to any applicable statute or regulation. ``(B) Documentation.--If an owner of a project withdraws such owner's request and pursues other renewal options under this paragraph, such owner shall be entitled to submit documentation or other information to replace the documentation or other information used during processing for mortgage restructuring under this subtitle. ``(4) Limitation.--The Secretary may exercise the authority to treat projects as eligible multifamily housing projects pursuant to this subsection only to the extent that the number of units in such projects do not exceed 10 percent of all units for which mortgage restructuring pursuant to section 517 is completed.''. SEC. 7. DISASTER-DAMAGED ELIGIBLE PROJECTS. (a) Market Rent Determinations.--Section 514(g)(1)(B) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by striking ``determined, are equal'' and inserting the following: ``determined-- ``(i) with respect to a disaster-damaged eligible property, are equal to 100 percent of the fair market rents for the relevant market area (as such rents were in effect at the time of such disaster; and ``(ii) with respect to other eligible multifamily housing projects, are equal''. (b) Owner Investment.--Section 517(c) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by adding at the end the following: ``(3) Properties damaged by natural disasters.--With respect to a disaster-damaged eligible property, the owner contribution toward rehabilitation needs shall be determined in accordance with paragraph (2)(C).''. SEC. 8. PERIOD OF ELIGIBILITY FOR NONPROFIT DEBT RELIEF. Section 517(a)(5) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by adding at the end the following: ``If such purchaser acquires such project subsequent to the date of recordation of the affordability agreement described in section 514(e)(6)-- ``(1) such purchaser shall acquire such project on or before the later of-- ``(A) 5 years after the date of recordation of the affordability agreement; or ``(B) 2 years after the date of enactment of the Mark-to-Market Extension Act of 2007; and ``(2) the Secretary shall have received, and determined acceptable, such purchaser's application for modification, assignment, or forgiveness prior to the acquisition of the project by such purchaser.''. SEC. 9. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the earlier of-- (1) the date of enactment of this Act; or (2) September 30, 2007.

Mark-to-Market Extension Act of 2007 - Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 to reauthorize through FY2011: (1) the Federal Housing Administration (FHA)-insured Multifamily Housing Mortgage and Housing Assistance Restructuring (Mark-to-Market) program; and (2) the Office of Multifamily Housing Assistance Restructuring. Permits the Secretary of Housing and Urban Development to waive rent level limits for: (1) disaster-damaged eligible projects; and (2) up to 9% (currently 5%) of all units subject to restructured mortgages in any fiscal year, based on certain findings of special need. Redefines multifamily housing project eligible for the Mark-to-Market program to authorize eligibility treatment, upon owner request, for certain projects whose rents do not, on an average per unit or per room basis, exceed the rent of comparable properties in the same market area, if the Secretary determines that such treatment is necessary to preserve a project in the most cost-effective manner in relation to other alternative preservation options. Requires each mortgage restructuring and rental assistance sufficiency plan to determine, for units assisted with project-based assistance in eligible multifamily housing projects, adjusted rent levels for disaster-damaged eligible projects equal to 100% of the fair market rents for the relevant market area. Revises requirements for an approved mortgage restructuring and rental assistance sufficiency plan with respect to modification or forgiveness of all or part of a second mortgage held by the Secretary (debt relief) if the project concerned is acquired by a tenant organization or tenant-endorsed community-based nonprofit or public agency. Sets forth requirements for alternative periods of eligibility for such nonprofit debt relief if the purchaser acquires the project subsequent to the date of recordation of the related affordability agreement.

To extend for 5 years the Mark-to-Market program of the Department of Housing and Urban Development.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Price Transparency Promotion Act of 2016''. SEC. 2. INCREASING THE TRANSPARENCY OF INFORMATION ON HOSPITAL CHARGES AND MAKING AVAILABLE INFORMATION ON ESTIMATED OUT-OF- POCKET COSTS FOR HEALTH CARE SERVICES. (a) In General.--Title XIX of the Social Security Act is amended-- (1) in section 1902(a) (42 U.S.C. 1396a(a)), by inserting after paragraph (77) the following new paragraph: ``(78) provide that the State will establish and maintain laws, in accordance with the requirements of section 1921A, to require disclosure of information on hospital charges, to make such information available to the public, and to provide individuals with information about estimated out-of-pocket costs for health care services;''; and (2) by inserting after section 1921 (42 U.S.C. 1396r-2) the following new section: ``increasing the transparency of information on hospital charges and providing consumers with estimates of out-of-pocket costs for health care services ``Sec. 1921A. (a) In General.--The requirements referred to in section 1902(a)(78) are that the laws of a State must-- ``(1) in accordance with subsection (b)-- ``(A) require the disclosure of information on hospital charges; and ``(B) provide for access to such information; and ``(2) in accordance with subsection (c), require the provision of a statement of the estimated out-of-pocket costs of an individual for anticipated future health care services. ``(b) Information on Hospital Charges.--The laws of a State must-- ``(1) require disclosure, by each hospital located in the State, of information on the charges for certain inpatient and outpatient hospital services (as determined by the State) provided at the hospital; and ``(2) provide for timely access to such information by individuals seeking or requiring such services. ``(c) Estimated Out-of-Pocket Costs.--The laws of a State must require that, upon the request of any individual with health insurance coverage sponsored by a health insurance issuer, the issuer must provide a statement of the estimated out-of-pocket costs that are likely to be incurred by the individual if the individual receives particular health care items and services within a specified period of time. ``(d) Rules of Construction.--Nothing in this section shall be construed as-- ``(1) authorizing or requiring the Secretary to establish uniform standards for the State laws required by subsections (b) and (c); ``(2) requiring any State with a law enacted on or before the date of the enactment of this section that-- ``(A) meets the requirements of subsection (b) or subsection (c) to modify or amend such law; or ``(B) meets some but not all of the requirements of subsection (b) or subsection (c) to modify or amend such law except to the extent necessary to address the unmet requirements; ``(3) precluding any State in which a program of voluntary disclosure of information on hospital charges is in effect from adopting a law codifying such program (other than its voluntary nature) to satisfy the requirement of subsection (b)(1); or ``(4) guaranteeing that the out-of-pocket costs of an individual will not exceed the estimate of such costs provided pursuant to subsection (c). ``(e) Definitions.--For purposes of this section: ``(1) The term `health insurance coverage' has the meaning given such term in section 2791(b)(1) of the Public Health Service Act. ``(2) The term `health insurance issuer' has the meaning given such term in section 2791(b)(2) of the Public Health Service Act, except that such term also includes-- ``(A) a Medicaid managed care organization (as defined in section 1903(m)); and ``(B) a Medicare Advantage organization (as defined in section 1859(a)(1), taking into account the operation of section 201(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003). Section 1856(b)(3) shall not preclude the application to a Medicare Advantage organization or a Medicare Advantage plan offered by such an organization of any State law adopted to carry out the requirements of subsection (b) or (c). ``(3) The term `hospital' means an institution that meets the requirements of paragraphs (1) and (7) of section 1861(e) and includes those to which section 1820(c) applies.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on October 1, 2017. (2) Exception.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the 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. SEC. 3. RESEARCH ON INFORMATION VALUED BY CONSUMERS ON CHARGES AND OUT- OF-POCKET COSTS FOR HEALTH CARE SERVICES. (a) Research on Information Valued and Used by Consumers.--The Director of the Agency for Healthcare Research and Quality (in this section referred to as ``AHRQ'') shall conduct or support research, pursuant to section 901(b)(1)(D) of the Public Health Service Act (42 U.S.C. 299(b)(1)(D)), on-- (1) the types of information on the charges, and out-of- pocket costs, for health care services that individuals find useful in making decisions about where, when, and from whom to receive care; (2) how the types of information valued by individuals for making such decisions vary by whether they have health benefits coverage and, if they do, the type of such coverage they have, such as traditional insurance, health maintenance organizations, preferred provider organizations, and high deductible plans coupled with health savings accounts; and (3) ways in which such information may be made available on a timely basis and in easy-to-understand form to individuals facing such decisions. (b) Report.--The Director of AHRQ shall report to the Congress on the results of such research not later than 18 months after the date of the enactment of this Act, together with recommendations for ways in which the Federal Government can assist the States in achieving the objective specified in subsection (a)(3). (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Health Care Price Transparency Promotion Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to require state Medicaid plans to provide that the state will establish and maintain laws to: (1) require disclosure of information on hospital charges, (2) make such information available to the public, and (3) provide individuals with information about estimated out-of-pocket costs for health care services.

Health Care Price Transparency Promotion Act of 2016

SECTION 1. EXTENSION OF ALLOWANCE FOR BONUS DEPRECIATION FOR CERTAIN BUSINESS ASSETS. (a) Extension of 100 Percent Bonus Depreciation.-- (1) In general.--Paragraph (5) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``January 1, 2012'' each place it appears and inserting ``January 1, 2013'', and (B) by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (2) Conforming amendments.-- (A) The heading for paragraph (5) of section 168(k) of such Code is amended by striking ``Pre-2012 periods'' and inserting ``Pre-2013 periods''. (B) Clause (ii) of section 460(c)(6)(B) of such Code is amended to read as follows: ``(ii) is placed in service-- ``(I) after December 31, 2009, and before January 1, 2011 (January 1, 2012, in the case of property described in section 168(k)(2)(B)), or ``(II) after December 31, 2011, and before January 1, 2013 (January 1, 2014, in the case of property described in section 168(k)(2)(B)).''. (3) Effective date.--The amendments made by this subsection shall apply to property placed in service after December 31, 2011. (b) Expansion of Election To Accelerate AMT Credits in Lieu of Bonus Depreciation.-- (1) In general.--Paragraph (4) of section 168(k) of such Code is amended to read as follows: ``(4) Election to accelerate amt credits in lieu of bonus depreciation.-- ``(A) In general.--If a corporation elects to have this paragraph apply for any taxable year-- ``(i) paragraph (1) shall not apply to any eligible qualified property placed in service by the taxpayer in such taxable year, ``(ii) the applicable depreciation method used under this section with respect to such property shall be the straight line method, and ``(iii) the limitation imposed by section 53(c) for such taxable year shall be increased by the bonus depreciation amount which is determined for such taxable year under subparagraph (B). ``(B) Bonus depreciation amount.--For purposes of this paragraph-- ``(i) In general.--The bonus depreciation amount for any taxable year is an amount equal to 20 percent of the excess (if any) of-- ``(I) the aggregate amount of depreciation which would be allowed under this section for eligible qualified property placed in service by the taxpayer during such taxable year if paragraph (1) applied to all such property, over ``(II) the aggregate amount of depreciation which would be allowed under this section for eligible qualified property placed in service by the taxpayer during such taxable year if paragraph (1) did not apply to any such property. The aggregate amounts determined under subclauses (I) and (II) shall be determined without regard to any election made under subsection (b)(2)(D), (b)(3)(D), or (g)(7) and without regard to subparagraph (A)(ii). ``(ii) Limitation.--The bonus depreciation amount for any taxable year shall not exceed the lesser of-- ``(I) 50 percent of the minimum tax credit under section 53(b) for the first taxable year ending after December 31, 2011, or ``(II) the minimum tax credit under section 53(b) for such taxable year determined by taking into account only the adjusted minimum tax for taxable years ending before January 1, 2012 (determined by treating credits as allowed on a first-in, first-out basis). ``(iii) Aggregation rule.--All corporations which are treated as a single employer under section 52(a) shall be treated-- ``(I) as 1 taxpayer for purposes of this paragraph, and ``(II) as having elected the application of this paragraph if any such corporation so elects. ``(C) Eligible qualified property.--For purposes of this paragraph, the term `eligible qualified property' means qualified property under paragraph (2), except that in applying paragraph (2) for purposes of this paragraph-- ``(i) `March 31, 2008' shall be substituted for `December 31, 2007' each place it appears in subparagraph (A) and clauses (i) and (ii) of subparagraph (E) thereof, ``(ii) `April 1, 2008' shall be substituted for `January 1, 2008' in subparagraph (A)(iii)(I) thereof, and ``(iii) only adjusted basis attributable to manufacture, construction, or production-- ``(I) after March 31, 2008, and before January 1, 2010, and ``(II) after December 31, 2010, and before January 1, 2013, shall be taken into account under subparagraph (B)(ii) thereof. ``(D) Credit refundable.--For purposes of section 6401(b), the aggregate increase in the credits allowable under part IV of subchapter A for any taxable year resulting from the application of this paragraph shall be treated as allowed under subpart C of such part (and not any other subpart). ``(E) Other rules.-- ``(i) Election.--Any election under this paragraph may be revoked only with the consent of the Secretary. ``(ii) Partnerships with electing partners.--In the case of a corporation making an election under subparagraph (A) and which is a partner in a partnership, for purposes of determining such corporation's distributive share of partnership items under section 702-- ``(I) paragraph (1) shall not apply to any eligible qualified property, and ``(II) the applicable depreciation method used under this section with respect to such property shall be the straight line method. ``(iii) Certain partnerships.--In the case of a partnership in which more than 50 percent of the capital and profits interests are owned (directly or indirectly) at all times during the taxable year by one corporation (or by corporations treated as 1 taxpayer under subparagraph (B)(iii)), for purposes of subparagraph (B), each partner shall take into account its distributive share of the amounts determined by the partnership under subclauses (I) and (II) of clause (i) of such subparagraph for the taxable year of the partnership ending with or within the taxable year of the partner. The preceding sentence shall apply only to amounts determined with respect to property placed in service after December 31, 2011. ``(iv) Special rule for passenger aircraft.--In the case of any passenger aircraft, the written binding contract limitation under paragraph (2)(A)(iii)(I) shall not apply for purposes of subparagraphs (B)(i)(I) and (C).''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years ending after December 31, 2011. (3) Transitional rule.--In the case of a taxable year beginning before January 1, 2012, and ending after December 31, 2011, the bonus depreciation amount determined under paragraph (4) of section 168(k) of the Internal Revenue Code of 1986 for such year shall be the sum of-- (A) such amount determined under such paragraph as in effect on the date before the date of enactment of this Act-- (i) taking into account only property placed in service before January 1, 2012, and (ii) multiplying the limitation under subparagraph (C)(ii) of such paragraph (as so in effect) by a fraction the numerator of which is the number of days in the taxable year before January 1, 2012, and the denominator of which is the number of days in the taxable year, and (B) such amount determined under such paragraph as amended by this Act-- (i) taking into account only property placed in service after December 31, 2011, and (ii) multiplying the limitation under subparagraph (B)(ii) of such paragraph (as so in effect) by a fraction the numerator of which is the number of days in the taxable year after December 31, 2011, and the denominator of which is the number of days in the taxable year.

Amends the Internal Revenue Code to: (1) extend for one year the 100% bonus depreciation allowance for business assets, and (2) increase the amount of alternative minimum tax (AMT) credits that corporate taxpayers may elect to accelerate in a taxable year in lieu of claiming bonus depreciation.

A bill to amend the Internal Revenue Code of 1986 to extend the allowance for bonus depreciation for certain business assets.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Group Health Plan Nondiscrimination Act of 1993''. SEC. 2. PROTECTION FROM INTERFERENCE WITH RIGHTS. Section 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1140) is amended-- (1) by inserting ``(a) In General.--'' after ``Sec. 510.''; and (2) by adding at the end the following new subsection: ``(b) Discrimination Based on Benefit Claims under Group Health Plans.-- ``(1) In general.--It shall be unlawful discrimination for purposes of subsection (a) to take any action to cancel or reduce a benefit of a participant or beneficiary under a group health plan (by plan amendment or plan termination, change in insured status of the plan, change of insurer under the plan, or any other means), if-- ``(A) such action is specifically related to one or more particular diseases or medical conditions, ``(B) such participant or beneficiary is undergoing, at the time such action is taken, a course of treatment related to any such disease or medical condition, and ``(C) a valid claim under the plan reasonably related to such course of treatment has been submitted to the plan by or on behalf of such participant or beneficiary prior to the taking of such action. ``(2) Definitions.--For purposes of this subsection-- ``(A) Group health plan.--The term `group health plan' has the meaning provided in section 607(1). ``(B) Change in insured status.--The term `change in insured status' of a plan means a change to self- insured status or a change in the extent to which benefits provided under the plan are provided under a contract or policy of insurance issued by an insurer under the plan. ``(C) Insurer.--The term `insurer' under a plan means a person licensed by a State to engage in the business of insurance who provides benefits under the plan under a contract or policy of insurance issued by such person. ``(D) Valid claim.--The term `valid claim' under a group health plan means a claim which, at the time of its submission by or on behalf of a participant or beneficiary, would have entitled the participant or beneficiary to benefits under the plan.''. SEC. 3. NONDISCRIMINATION IN LIFETIME BENEFIT COVERAGE UNDER A GROUP HEALTH PLAN. (a) In General.--Part 5 of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: ``nondiscrimination in lifetime benefit coverage under a group health plan ``Sec. 516. (a) In General.--It shall be unlawful for a group health plan to discriminate among diseases or medical conditions with respect to levels of lifetime benefit coverage provided to similarly situated participants and beneficiaries under the plan. For purposes of this section, the term `lifetime benefit coverage' provided to any participant or beneficiary under a plan means the maximum benefit available under the plan in the aggregate to such participant or beneficiary. ``(b) Limitation.--Subsections (a) shall not apply with respect to participants and their beneficiaries under a group health plan if the requirements of paragraph (1) or (2) are met as follows: ``(1) Collective bargaining.--The requirements of this paragraph are met if-- ``(A) the participants consist of employees covered by a collective bargaining agreement between employee representatives and one or more employers, ``(B) there is evidence that benefits provided under the group health plan established or maintained pursuant to such collective bargaining agreement were the subject of good faith bargaining between such employee representatives and such employer or employers, and ``(C) the discrimination consists of a lack of uniformity based solely on-- ``(i) variations in the required terms of the collective bargaining agreement as applied to separate geographically located facilities of the same employer, or ``(ii) different levels of contributions to such plan negotiated between such employee representatives and more than 1 employer, as set forth in applicable collective bargaining agreements. ``(2) Exemption procedure.--The requirements of this paragraph are met if the sponsor of such group health plan demonstrates to the Secretary by a preponderance of the evidence that such sponsor will be unable to continue such plan unless granted relief from the applicable requirements of subsection (a), pursuant to an exemption procedure which-- ``(A) shall be established by the Secretary by regulation for purposes of this subsection, and ``(B) shall be subject to standards and procedures similar to those applicable under section 408(a) with respect to exemptions granted thereunder.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 514 the following new items: ``Sec. 515. Delinquent contributions. ``Sec. 516. Discrimination in lifetime benefit coverage under group health plan.''. SEC. 4. REPORTING AND DISCLOSURE REQUIREMENTS. (a) Notice of Modifications and Changes.--Section 104(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)) is amended by adding at the end the following: ``In the case of a group health plan (as defined in section 607(1)), the adoption of any material coverage restriction which constitutes such a modification in the terms of the plan (including the termination of the plan), or which is represented by any such change in the information required under section 102(b), may not take effect until 60 days after such a summary description of such modification or change is furnished to each participant and to each spouse thereof who is a beneficiary under the plan in language calculated to be easily understood by the typical participant or beneficiary. For purposes of the preceding sentence, the term `material coverage restriction' means any change in the terms of a group health plan that results in elimination of, or increased restrictions on, any form of benefit coverage which was provided by the plan prior to the change, including, but not limited to, the establishment of, or increases in the amount of, deductibles or coinsurance payments required of participants and beneficiaries under the plan, except that the Secretary may by regulation exclude from such term any such change of a type which the Secretary finds to be de minimis.''. (b) Special Requirements for Self-Insured Plans.--Section 102(b) of such Act (29 U.S.C. 1022(b)) is amended-- (1) by inserting ``(1)'' after ``(b)''; and (2) by adding at the end the following new paragraph: ``(2)(A) In the case of a self-insured group health plan, the plan description and summary plan description shall also contain a statement-- ``(i) indicating that the plan is a self-insured group health plan and is not a policy of insurance, ``(ii) identifying the person who is responsible for claim determinations and processing, and ``(iii) indicating that the plan is not subject to State guarantee fund protection and that, if the plan does not pay all benefits for which participants or beneficiaries are eligible under the plan, responsibility for payment for medical care may to some extent remain with the participant or beneficiary. ``(B) For purposes of this paragraph-- ``(i) The term `group health plan' has the meaning provided in section 607(1). ``(ii) A group health plan is `self-insured' unless all benefits provided under the plan are provided under a contract or policy of insurance issued by a person licensed by a State to engage in the business of insurance.''. SEC. 5. LEGAL RELIEF FROM DAMAGES FOR INTERFERENCE WITH RIGHTS UNDER PLAN. (a) Damages.--Section 502(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)) is amended by adding at the end the following new paragraph: ``(4)(A) Any person who violates section 510 or 516 with respect to any participant or beneficiary under a group health plan shall be liable to such participant or beneficiary for actual damages. Subject to subparagraph (B), damages for such violation shall not include punitive damages. ``(B) In any case in which the violation constitutes willful, fraudulent, or malicious conduct, bad faith, or gross negligence, each person liable under subparagraph (A) may, in the court's discretion, be liable to such participant or beneficiary for exemplary damages equal to not more than the greater of-- ``(i) 200 percent of the amount of actual damages awarded, or ``(ii) $10,000. Any such exemplary damages shall be in addition to any actual damages under subparagraph (A). ``(C) For purposes of this paragraph, the term `group health plan' has the meaning provided in section 607(1).''. (b) Attorney's Fees.--Section 502(g) of such Act (29 U.S.C. 1132(g)) is amended by adding at the end the following new paragraph: ``(3) In any action for damages under subsection (c)(4) in which the plaintiff prevails or substantially prevails, the court shall award the plaintiff reasonable attorney's fees and other costs of the action, including reasonable expert witness fees and costs, to be paid by the defendant. Fees awarded under this paragraph shall be at generally prevailing hourly rates.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to changes in group health plan coverage adopted on or after February 4, 1993.

Group Health Plan Nondiscrimination Act of 1993 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that certain retroactive cancellations or reductions of benefits under group health plans constitute discrimination which interferes with rights protected under ERISA. Prohibits any group health plan from discriminating among diseases or medical conditions with respect to levels of lifetime benefit coverage provided to similarly situated participants and beneficiaries under the plan, with specified limitations relating to collective bargaining or special exemption procedures. Requires group health plans to issue notices of any material change in plan terms to each participant and spouse beneficiary. Prohibits the change from taking effect until 60 days after such issuance. Sets forth special requirements for such notices from self-insured group health plans. Revises civil enforcement provisions to make any person who violates the prohibition provisions against interference with rights of any participant or beneficiary under a group health plan liable to such participant or beneficiary for actual damages. Precludes punitive damages, except that, where the violation constitutes willful, fraudulent, or malicious conduct, bad faith, or gross negligence, each such person may, in the court's discretion, be liable for limited exemplary damages. Provides for award of attorney's fees and other legal costs to plaintiffs who prevail or substantially prevail.

Group Health Plan Nondiscrimination Act of 1993

SECTION 1. REDUCTION IN AMOUNT THAT A NONPARTY MULTICANDIDATE POLITICAL COMMITTEE MAY CONTRIBUTE TO A CANDIDATE IN A CONGRESSIONAL ELECTION. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the following: ``, except that, with respect to an election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, the limitation applicable to a nonparty multicandidate political committee under this subparagraph shall be $1,000''. SEC. 2. CONGRESSIONAL ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN IN-STATE INDIVIDUAL RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i)(1) A candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions from persons other than in-State individual residents that, in total, are equal to or greater than the total of contributions accepted from in-State individual residents. ``(2) The exceptions relating to the name and address of a person making a contribution of $50 or less and the date of such contribution, as contained in subsection (b)(1), subsection (b)(2)(A), and subsection (c)(2) of section 302, shall not apply to contributions with respect to elections for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. ``(3) As used in this subsection, the term `in-State individual resident' means an individual who resides in the State in which the election involved is held.''. SEC. 3. PROHIBITION OF CASH CONTRIBUTIONS IN FEDERAL ELECTIONS. Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g), is amended by striking out ``which, in the aggregate, exceed $100,''. SEC. 4. PROHIBITION OF INDEPENDENT EXPENDITURES WITHIN 7 DAYS BEFORE A CONGRESSIONAL ELECTION. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 2, is further amended by adding at the end the following new subsection: ``(j) Notwithstanding any other provision of this Act, during the period beginning 7 days before the date of an election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, and ending on the date of the election, no person may make any independent expenditure with respect to the election.''. SEC. 5. PROHIBITION ON CONTRIBUTIONS BETWEEN MULTICANDIDATE POLITICAL COMMITTEES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2 and 4, is further amended by adding at the end the following new subsection: ``(k) Notwithstanding any other provision of this Act, a multicandidate political committee may not make a contribution to another multicandidate political committee.''. SEC. 6. MULTICANDIDATE POLITICAL COMMITTEE NAME REQUIREMENT. Section 303 of the Federal Election Campaign Act of 1971 (2 U.S.C. 433) is amended by adding at the end the following new subsection: ``(e) Any multicandidate political committee that is affiliated with another organization shall include the entire name of the organization in the name of the multicandidate political committee.''. SEC. 7. PROHIBITION OF BUNDLING. Section 315(a)(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(8)) is amended to read as follows: ``(8) No person may make a contribution through an intermediary or conduit, except that a person may facilitate a contribution by providing-- ``(A) advice to another person as to how the other person may make a contribution; and ``(B) addressed mailing material or similar items to another person for use by the other person in making a contribution.''. SEC. 8. REQUIREMENT FOR DISCLOSURE OF LOBBYIST STATUS BY LOBBYISTS WHO MAKE CONTRIBUTIONS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2, 4, and 5, is further amended by adding at the end the following new subsection: ``(l) Any person who is a lobbyist and who makes a contribution shall include with the contribution a statement in writing that discloses the status of the person as a lobbyist.''. SEC. 9. REPORTING REQUIREMENT FOR LOBBYISTS. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d)(1) Not later than 20 days after the end of the month in which a lobbyist makes a contribution, the lobbyist, in such form and manner as the Commission shall prescribe by regulation, shall report the contribution to the Commission.''. SEC. 10. REPORTING REQUIREMENT FOR OUT-OF-STATE CONTRIBUTIONS IN HOUSE OF REPRESENTATIVES ELECTIONS. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 9, is further amended by adding at the end the following new subsection: ``(e) Any report of contributions with respect to an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, shall segregate and itemize all out-of-State contributions.''. SEC. 11. BAN ON SOFT MONEY. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2, 4, 5, and 8, is further amended by adding at the end the following new subsection: ``(m)(1) It shall be unlawful for the purpose of influencing any election to Federal office-- ``(A) to solicit or receive any soft money; or ``(B) to make any payments from soft money. ``(2) For purposes of paragraph (1), the term `soft money' means any amount-- ``(A) solicited or received from a source which is prohibited under section 316(a); ``(B) contributed, solicited, or received in excess of the contribution limits under section 315; or ``(C) not subject to the recordkeeping, reporting, or disclosure requirements under section 304 or any other provision of this Act.''. SEC. 12. EFFECTIVE DATE. Except as otherwise provided in this Act, the amendments made by this Act shall apply with respect to elections beginning with the general election on November 5, 1998.

Amends the Federal Election Campaign Act of 1971 to reduce the contribution that a multicandidate political committee may make to a congressional candidate. Prohibits: (1) a congressional candidate from accepting contributions from out-of-State persons that, in total, equal or exceed contributions from in-State residents; (2) cash contributions in Federal elections; (3) independent expenditures within seven days before a congressional election; (4) contributions between multicandidate political committees; and (5) bundling of funds. Requires: (1) a multicandidate political committee affiliated with another organization to include such organization's entire name in its own name; and (2) a lobbyist who makes a contribution to disclose his or her lobbyist status. Sets forth reporting requirements for: (1) contributing lobbyists; and (2) out-of-State contributions in House of Representatives elections. Bans soft money in Federal elections.

To amend the Federal Election Campaign Act of 1971 to reduce the amount that a nonparty multicandidate political committee may contribute to a candidate in a congressional election, and for other purposes.

SEC. 101. SHORT TITLE. This Act may be cited as the ``Food for Trade Act of 1994''. SEC. 102. ESTABLISHMENT OF PROGRAM. Title I of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.) is amended by adding at the end the following new section: ``SEC. 106. FOOD FOR TRADE PROGRAM. ``(a) Establishment.-- ``(1) In general.-The Secretary shall carry out a pilot program under this title to establish permanent, self- sustaining organizations in eligible recipient countries to promote and provide financing for broad-based economic development activities in the countries. ``(2) Cooperation.--The Secretary shall carry out this section by entering into contracts with non-profit organizations or entities (referred to in this section as ``facilitators'') to facilitate the establishment and operation of approved pilot projects in eligible recipient countries utilizing agricultural commodities provided under this section. ``(b) Eligible Projects.-- ``(1) In general.--An organization or other entity may participate in this program by submitting a complete proposal for the operation of a project in an eligible recipient country, according to guidelines developed by the Secretary. ``(2) Project funding.--Upon approval of a project proposed under this section, the Secretary shall make available agricultural commodities under this title to the facilitator on a grant basis for the purpose of funding and carrying out the project. The Secretary shall cover the costs of transporting the commodities to the recipient country under paragraph (4). ``(3) Duration of assistance.--Assistance may be provided under this section in annual installments for up to 5 years per individual approved project, or such longer period of time as deemed appropriate by the Secretary. ``(4) Monetization.--The facilitator shall transport the agricultural commodities received under this section for sale in the recipient country. After deduction of any associated expenses, the proceeds generated from the sale shall be used to establish a permanent, self-sustaining investment fund in the recipient country according to guidelines established under subsection (h). ``(5) Role of the facilitator.--A facilitator participating in this program shall-- ``(A) be responsible for the storage, transport, and monetization of agricultural commodities in eligible recipient countries pursuant to guidelines established by the Secretary under subsection (h); ``(B) establish and manage an investment fund in the recipient country using the proceeds from the monetization of the agricultural commodities, until such time as the facilitator transfers control of the project to the joint commission under subsection (g); ``(C) establish and operate an advisory board to advise in the management of the investment fund; and ``(D) coordinate the eventual transfer of the advisory board and the investment fund to the joint commission in the participating recipient country. ``(6) Expense projections.--Each project proposal submitted under this section shall contain a projection of the estimated expenses necessary to carry out the project, including the monetization of the agricultural commodities and the establishment and operation of the investment fund. ``(c) Investment Fund.-- ``(1) Establishment.--The facilitator shall establish a permanent, self-sustaining investment fund in the participating recipient country from the proceeds of the sales of the agricultural commodities provided under this section. ``(2) Use of fund.--Monies in the investment fund shall be invested and managed in a manner that provides the best possible return for the fund, without posing an undue risk to the principal balance used to establish the fund. ``(3) Restriction on investment of funds.--Monies from the fund may be invested in any appropriate investments as determined by the Secretary pursuant to regulation. ``(4) Investment proceeds.--Profits generated by the investments shall be made available to the joint commission to carry out development activities under subsection (f). The facilitator shall be reimbursed for any administrative costs associated with the operation of the investment fund. ``(d) Advisory Boards.-- ``(1) Establishment.--The facilitator shall operate an advisory board (referred to in this section as the ``board'') in each participating recipient country to advise the facilitator on the management of the investment fund and other investment issues. ``(2) Membership.--The members of the board shall be selected by the facilitator from the local and international business and investment community. Members of the board shall serve without pay. ``(3) Transfer of authority.--After control of the project is transferred to the joint commission under subsection (g), the advisory board shall provide advice to the joint commission on investment fund issues. ``(e) Joint Commission.-- ``(1) Establishment.--The Government of the United States shall enter into an agreement with the government of each recipient country that participates in this program, along with the facilitator organization that oversees the project in that country, for the establishment in the country of a Food for Trade Joint Commission (referred to in this section as the ``joint commission''). ``(2) Membership.--The joint commission shall be composed of representatives of-- ``(A) the participating recipient country; ``(B) local nongovernmental entities; ``(C) international nongovernmental entities; and ``(D) the United States diplomatic mission in the recipient country, which may include a representative of the Foreign Agricultural Service. ``(3) Board of directors.--The joint commission shall elect a board of directors that provides equal representation for each of the 4 entities specified in paragraph (2). The directors shall serve without pay. ``(4) Secretariat.--The joint commission may hire administrative personnel to handle the day-to-day activities of the joint commission. ``(5) Duties.--The joint commission shall be responsible for-- ``(A) the selection and approval of recipients for loans and grants for eligible activities under this section; ``(B) the dispersal of funds to approved applicants from investment fund profits; ``(C) monitoring of activities funded under this section; and ``(D) overall operation and maintenance of the program including the investment fund, upon the final transfer of control under subsection (g). ``(f) Eligible Activities.--The joint commission may make available funds from the profits generated by the investment fund for developmental activities including: ``(1) Credit.--Loans may be made under this section to-- ``(A) local private co-operative banks, ``(B) credit unions, ``(C) non-profit venture capital investment organizations, ``(D) eligible organizations for the purpose of providing micro-credit, and ``(E) approved local entrepreneurs. ``(2) Technical assistance.--Grants may be awarded under this section to-- ``(A) cover in-country costs for farmer-to-farmer program implementors, or ``(B) eligible organizations working in agribusiness development. ``(3) Research, education and extension endowments.-- Research grants, scholarships and sabbaticals may be awarded under this section to individuals working in local agricultural research and education institutions. ``(4) Humanitarian and infrastructure development grants.-- Grants may be provided under this section to finance-- ``(A) infrastructure development projects, and ``(B) humanitarian efforts. All grants made under this paragraph shall be from the repayment proceeds for loans under paragraph (1). ``(g) Transfer of Project Control.--After a period of 5 years of operation of the project in a recipient country, or such other period of time deemed appropriate by the Secretary, the responsibility for the management and oversight of the investment fund shall be transferred, according to terms established by the Secretary, to the joint commission. Upon the transfer of authority under this subsection, the authority and responsibility of the facilitator with respect to the project shall be terminated. ``(h) Guidelines.--The Secretary shall develop guidelines and procedures for the establishment and operation of the program under this section and shall provide for the following: ``(1) Application procedures for proposals for projects under this section. ``(2) Criteria for the selection of recipient countries, including-- ``(A) demonstrated interest in privatizing a significant percentage of the agricultural sector; ``(B) demonstrated interest in privatizing land ownership; ``(C) legal and judicial structures that allow for private banking; ``(D) tax laws that do not overly inhibit small business development; ``(E) limited or no restriction on foreign investment; ``(F) demonstrated interest in freeing wages and prices from government control; ``(G) economic situation that allows the establishment of profitable tax-exempt foundations and non-prohibitive use of these profits for development purposes; ``(H) judicial infrastructure that allows for legal enforcement of contracts. ``(3) Procedures for the monetization of agricultural commodities provided under this section. ``(4) Establishment and operation of investment fund, including any restrictions on investments deemed necessary by the Secretary. ``(5) Procedures for the eventual transfer of operational control, including oversight of the investment fund and advisory board of the program to the joint commission. ``(6) Procedures for evaluation of the program. ``(7) Procedures for the termination of the project and dissolution of the investment fund in the event the Secretary determines that the project is being mismanaged or otherwise should not be continued. ``(8) Other guidelines deemed appropriate by the Secretary for the operation or oversight of the program. ``(i) Report.--The facilitator shall submit an annual progress report to the Secretary on the operation of the project in the recipient country. ``(j) Evaluation and Audit.-- ``(1) Evaluation of the program.--Not later than 5 years after the establishment of this program and every 4 years thereafter, the Secretary shall evaluate the effectiveness of the program and shall report the findings to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. ``(2) GAO audit.--The Comptroller General of the United States shall conduct periodic audits of the operation of the program. ``(k) Definitions.--For the purpose of this section: ``(1) Facilitator.--The term ``facilitator'' means a nonprofit organization or entity with experience or demonstrated capability for the storage, transport, and sale of agricultural commodities in recipient countries. ``(2) Eligible recipient country.--The term ``eligible recipient country'' means a country that meets one or more of the criteria specified in subsection (h)(2), as determined by the Secretary. ``(3) Eligible organization.--The term ``eligible organization'' means an international private voluntary organization or a local nongovernmental organization. ``(l) Program Funding.--The Secretary shall make available at least 20 percent of the amount of funds made available to carry out this title for the purpose of carrying out this section.''.

Food for Trade Act of 1994 - Amends the Agricultural Trade Development and Assistance Act of 1954 to require the Secretary of Agriculture to conduct a pilot program to establish permanent, self-sustaining organizations utilizing agricultural commodities to promote financing for economic development activities in eligible countries. Requires the facilitator of such program to establish in each country: (1) an investment fund from the proceeds of the sale of agricultural commodities to be used for developmental activities; and (2) an advisory board to advise the facilitator on the management of such fund. Requires the Government to enter into an agreement with each recipient country for the establishment of a Food for Trade Joint Commission.

Food for Trade Act of 1994

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans' Benefits Amendments of 1996''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to 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--INSURANCE REFORM SEC. 101. MERGER OF RETIRED RESERVE SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE AND EXTENSION OF VETERANS' GROUP LIFE INSURANCE TO MEMBERS OF THE READY RESERVE. (a) Definition of Member.--Section 1965(5) is amended-- (1) by inserting ``and'' at the end of subparagraph (B); (2) by striking out subparagraphs (C) and (D); and (3) by redesignating subparagraph (E) as subparagraph (C). (b) Persons Insured.--Section 1967 is amended-- (1) in subsection (a)-- (A) by inserting ``and'' at the end of paragraph (1); (B) by striking out paragraphs (3) and (4); and (C) by striking out ``or the first day a member of the Reserves, whether or not assigned to the Retired Reserve of a uniformed service, meets the qualifications of section 1965(5)(C) of this title, or the first day a member of the Reserves meets the qualifications of section 1965(5)(D) of this title,''; and (2) by striking out subsection (d). (c) Duration and Termination of Coverage.--Section 1968 is amended-- (1) in subsection (a)-- (A) by striking out ``subparagraph (B), (C), or (D) of section 1965(5)'' and inserting in lieu thereof ``section 1965(5)(B)''; (B) by striking out the period at the end of paragraphs (1) and (2) and inserting in lieu thereof a semicolon; (C) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ``; and''; (D) in paragraph (4)-- (i) by striking out ``from such'' in the matter preceding subparagraph (A) and all that follows through ``(A) unless on'' and inserting in lieu thereof ``from such assignment, unless on''; (ii) by striking out the semicolon after ``such assignment'' and inserting in lieu thereof a period; and (iii) by striking out subparagraphs (B) and (C); and (E) by striking out paragraphs (5) and (6); and (2) in subsection (b), by striking out the last two sentences. (d) Premiums.--Section 1969 is amended-- (1) in subsection (a)(2), by striking out ``is assigned to the Reserve (other than the Retired Reserve) and meets the qualifications of section 1965(5)(C) of this title, or is assigned to the Retired Reserve and meets the qualifications of section 1965(5)(D) of this title,''; (2) by striking out subsection (e); and (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. SEC. 102. CONVERSION TO COMMERCIAL LIFE INSURANCE POLICY. (a) SGLI Conversion.--Subsection (b) of section 1968, as amended by section 101(c)(2), is amended-- (1) by inserting ``(1)'' after ``(b)'' at the beginning of the subsection; (2) by striking out ``would cease,'' in the first sentence and all that follows through the period at the end of the sentence and inserting in lieu thereof ``would cease-- ``(A) shall be automatically converted to Veterans' Group Life Insurance, subject to (i) the timely payment of the initial premium under terms prescribed by the Secretary, and (ii) the terms and conditions set forth in section 1977 of this title; or ``(B) at the election of the member, shall be converted to an individual policy of insurance as described in section 1977(e) of this title upon written application for conversion made to the participating company selected by the member and payment of the required premiums.''; and (3) by designating the second sentence as paragraph (2) and in that sentence striking out ``Such automatic conversion'' and inserting in lieu thereof ``Automatic conversion to Veterans' Group Life Insurance under paragraph (1)''. (b) VGLI Conversion.--Section 1977 is amended-- (1) in subsection (a)-- (A) by inserting ``(1)'' after ``(a)''; (B) by striking out the last two sentences; and (C) by adding at the end the following: ``(2) If any person insured under Veterans' Group Life Insurance again becomes insured under Servicemembers' Group Life Insurance but dies before terminating or converting such person's Veterans' Group Insurance, Veterans' Group Life Insurance shall be payable only if such person is insured for less than $200,000 under Servicemembers' Group Life Insurance, and then only in an amount which, when added to the amount of Servicemembers' Group Life Insurance payable, does not exceed $200,000.''; and (2) in subsection (e)-- (A) in the first sentence, by inserting ``at any time'' after ``shall have the right''; and (B) by striking out the third sentence and inserting in lieu thereof the following: ``The Veterans' Group Life Insurance policy will terminate on the day before the date on which the individual policy becomes effective.''. SEC. 103. INFORMATION TO BE PROVIDED MEMBERS CONCERNING AUTOMATIC MAXIMUM COVERAGE OF $200,000 UNDER SERVICEMEN'S GROUP LIFE INSURANCE. Section 1967, as amended by section 101(b), is amended by inserting after subsection (c) the following new subsection (d): ``(d) Whenever a member has the opportunity to make an election under subsection (a) not to be insured under this subchapter, or to be insured under this subchapter in an amount less than the maximum amount of $200,000, and at such other times periodically thereafter as the Secretary concerned considers appropriate, the Secretary concerned shall furnish to the member general information concerning life insurance. Such information shall include-- ``(1) the purpose and role of life insurance in financial planning; ``(2) the difference between term life insurance and whole life insurance; ``(3) the availability of commercial life insurance; and ``(4) the relationship between Servicemembers' Group Life Insurance and Veterans' Group Life Insurance.''. SEC. 104. RENAMING OF SERVICEMEN'S GROUP LIFE INSURANCE PROGRAM. (a) In General.--The program of insurance operated by the Secretary of Veterans Affairs under subchapter III of chapter 19 of title 38, United States Code, is hereby redesignated as the Servicemembers' Group Life Insurance program. (b) Amendments to Chapter 19.--(1) Sections 1967(a), (c), and (e), 1968(b), 1969(a)-(e), 1970(a), (f), and (g), 1971(b), 1973, 1974, and 1977(a), (d), (e), and (g) are amended by striking out ``Servicemen's Group'' each place it appears and inserting in lieu thereof ``Servicemembers' Group''. (2)(A) The heading of subchapter III of chapter 19 is amended to read as follows: ``SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE (FORMERLY SERVICEMEN'S GROUP LIFE INSURANCE)''. (B) The heading of section 1974 is amended to read as follows: ``Sec. 1974. Advisory Council on Servicemembers' Group Life Insurance (formerly Servicemen's Group Life Insurance)''. (3) The table of sections at the beginning of chapter 19 is amended-- (A) by striking out the item relating to subchapter III and inserting in lieu thereof the following: ``subchapter iii--servicemembers' group life insurance (formerly servicemen's group life insurance)'' and (B) by striking out the item relating to section 1974 and inserting in lieu thereof the following: ``1974. Advisory Council on Servicemembers' Group Life Insurance (formerly Servicemen's Group Life Insurance)''. (c) Other Conforming Amendments.--(1) Section 1315(f)(1)(F) is amended by striking out ``servicemen's'' the first place it appears and inserting in lieu thereof ``servicemembers''. (2) Sections 3017(a) and 3224(1) are amended by striking out ``Servicemen's'' each place it appears and inserting in lieu thereof ``Servicemembers'''. SEC. 105. EFFECTIVE DATE. The Servicemembers' Group Life Insurance of any member of the Retired Reserve of a uniformed service in force on the date of the enactment of this Act shall be converted, effective 90 days after that date, to Veterans' Group Life Insurance. TITLE II--OTHER MATTERS SEC. 201. ELIGIBILITY OF CERTAIN MINORS FOR BURIAL IN NATIONAL CEMETERIES. (a) Eligibility.--Paragraph (5) of section 2402 is amended by adding at the end thereof the following: ``For purposes of this paragraph, a `minor child' is a child under 21 years of age, or under 23 years of age if pursuing a program of education at an educational institution, and those terms have the meaning as defined in sections 3452 (b) and (c) of this title.''. (b) Conforming Amendment.--Section 101(4)(A) is amended by striking out ``chapter 19'' and inserting in lieu thereof ``chapters 19 and 24''. SEC. 202. PROGRAMS, PROJECTS, AND ACTIVITIES OF THE EDUCATION SERVICE, DEPARTMENT OF VETERANS AFFAIRS. (a) Located in the District of Columbia.--Chapter 77 is amended by inserting after section 7703 the following new section: ``Sec. 7705. Management, policy, and operations functions associated with the educational assistance programs of the Education Service ``The offices of Education Procedures Systems, Education Operations, and Education Policy and Program Administration, and any successor to any such office, of the Education Service of the Veterans Benefit Administration shall be in the District of Columbia.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7703 the following new item: ``7705. Management, policy, and operations functions associated with the educational assistance programs of the Education Service.''. Passed the House of Representatives May 21, 1996. Attest: ROBIN H. CARLE, Clerk. By Linda Nave, Deputy Clerk.

TABLE OF CONTENTS: Title I: Insurance Reform Title II: Other Matters Veterans' Benefits Amendments of 1996 - Title I: Insurance Reform - Amends the Servicemen's Group Life Insurance (SGLI) Program to exclude from coverage under such Program members assigned or transferred to the Retired Reserve. Provides that, upon termination of active-duty service, a person's coverage under SGLI: (1) shall be automatically converted to Veterans' Group Life Insurance (VGLI), subject to the payment of premiums and other applicable terms and conditions; or (2) shall, at the election of the member, be converted to an individual insurance policy with a participating private insurer selected by the member. Outlines VGLI coverage limits in the case of any person insured under VGLI who becomes insured under SGLI but dies before terminating or converting the VGLI coverage. Terminates VGLI coverage on the effective date of an individual insurance policy with a private insurer. Directs the Secretary of the military department concerned to provide military personnel with general information concerning life insurance whenever they have the opportunity to elect not to be insured under SGLI or to be insured in an amount less than the maximum $200,000 coverage. Redesignates the Servicemen's Life Insurance Program as the Servicemembers' Life Insurance Program. Requires the SGLI coverage of any member of the Retired Reserve to be converted to VGLI coverage within 90 days after enactment of this Act. Title II: Other Matters - Defines a minor child, for purposes of eligibility for burial in national cemeteries, as one under 21 years of age or under 23 years of age if pursuing a program of education in an educational institution. Requires the offices of Education Procedures Systems, Education Operations, and Education Policy and Program Administration of the Education Service of the Veterans Benefits Administration to be located in the District of Columbia.

Veterans' Benefits Amendments of 1996