FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minerals Management Service Reform Act''. SEC. 2. ESTABLISHMENT AND ORGANIZATIONAL STRUCTURE. There is established as an independent establishment in the executive branch the Minerals Management Service. The Service shall succeed the Minerals Management Service of the Department of the Interior as such department is in existence on the day before the effective date of this Act. SEC. 3. OFFICERS OF SERVICE. (a) Director.-- (1) Appointment.--The Service shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, to a 5-year term of office. (2) Functions.--The Director-- (A) shall carry out all functions transferred to the Director by this Act; and (B) shall have authority and control over all personnel, programs, and activities of the Service. (3) Compensation.--The Director shall be compensated at the rate prescribed for level II of the Executive Schedule. (b) Deputy Director.-- (1) Appointment.--There shall be in the Service a Deputy Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Functions.--The Deputy Director-- (A) shall perform such functions and have such duties and powers as the Director may prescribe; (B) shall act for and perform the functions of the Director when the Director is absent or unable to serve and when the office of the Director is vacant; and (C) shall, to the maximum extent practicable, assure that procurement actions of the Service take advantage of all methods available to expedite the procurement process. (3) Compensation.--The Deputy Director shall be compensated at the rate prescribed for level III of the Executive Schedule. (c) Associate Directors.-- (1) Appointment.--The Director shall appoint Associate Directors who shall each have such duties as may be prescribed by the Director. (2) Compensation.--Each Associate Director appointed under this subsection shall be compensated at the rate prescribed for level IV of the Executive Schedule. (d) Chief Counsel.-- (1) Appointment.--There shall be in the Service a Chief Counsel, who shall be appointed by the Director. (2) Functions.--The Chief Counsel shall be the chief legal officer for all legal matters arising from the activities of the Service. (3) Compensation.--The Chief Counsel shall be compensated at the rate prescribed for level IV of the Executive Schedule. (e) Inspector General.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 12(1), by inserting ``the Minerals Management Service;'' after ``the Export-Import Bank;''; and (2) in section 12(2), by inserting ```the Minerals Management Service,''' after ``the Export-Import Bank,''. SEC. 4. FUNCTIONS OF DIRECTOR. (a) In General.--The Director shall-- (1) exercise all powers and discharge all duties of the Service; and (2) carry out all functions, powers, and duties that are vested in the Department of the Interior on the day before the effective date of this Act relating to-- (A) bidding, leasing, and managing all offshore oil and gas, including with respect to the Gulf of Mexico and other areas of the Outer Continental Shelf; and (B) collection of revenue (other than taxes) generated by such oil and gas. (b) Existing Law.--Except as otherwise provided by this Act, in carrying out the functions of the Service under this Act, the Director shall be subject to all provisions of law to which the Director was subject on the day before the effective date of this Act to the extent such provisions are not inconsistent with this Act. (c) Not Subject to Entities Created by Executive Order.--The Director shall not submit decisions for the approval of, and shall not be bound by the decisions or recommendations of, any committee, board, or other organization created by Executive Order. SEC. 5. TRANSFERS AND INCIDENTAL PROVISIONS. (a) Transfers.--The following are transferred to the Minerals Management Service established by section 2: (1) Functions of mms.--All functions vested by law on the day before the effective date of this Act in the Minerals Management Service in the Department of the Interior or its Director, and all functions vested by law on the day before the effective date of this Act in the Department of the Interior or the Department of the Interior that are administered through the Minerals Management Service (including budgetary and procurement functions) or related to the Minerals Management Service. (2) Incidental functions.--All functions of the Department of the Interior and of the Minerals Management Service in the Department of the Interior on the day before the effective date of this Act that are incidental to, helpful to, or necessary for, the performance of the functions transferred by paragraph (1), or that relate primarily to those functions. (3) Personnel, property, records, and funds.--So much of the personnel, property, records, funds, accounts, and unexpended balances of appropriations, allocations, and other funds of the Department of the Interior and the Minerals Management Service as are employed, used, held, available, or to be made available in connection with the functions transferred by paragraphs (1) and (2). (b) No Reduction in Classification or Compensation.--The personnel transferred under this section shall be transferred without reduction in classification or compensation. (c) Exercise of Functions by Director.--The Director of the Minerals Management Service shall exercise all functions transferred by subsection (a) of this section and any other function vested by any law in the Minerals Management Service or the Director of the Minerals Management Service after the date of the enactment of this Act. SEC. 6. RULES; REGULATIONS. In the performance of functions pursuant to this Act, the Director may make, promulgate, issue, rescind, and amend rules and regulations in accordance with chapter 5 of title 5, United States Code. SEC. 7. DELEGATION. (a) In General.--Except as otherwise provided in this Act, the Director may delegate functions to officers and employees of the Service, and may authorize successive redelegations of such functions in the Service, as the Director considers necessary or appropriate. (b) Director Remains Responsible.--A delegation of functions by the Director under this section or under any other provision of this Act shall not relieve the Director of responsibility for the administration of such functions. SEC. 8. SUPPLEMENTAL PERSONNEL AND SERVICES. (a) Experts and Consultants.--In addition to the officers provided for by section 3, the Director may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code. (b) Personnel of Other Agencies.--Upon request of the Director, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to assist the Director in carrying out functions of the Service. (c) Volunteer Services.-- (1) In general.--The Director may accept voluntary services of individuals in accordance with the provisions of section 3111 of title 5, United States Code and without regard to the provisions of section 1342 of title 31, United States Code, if such services will not be used to displace Federal employees employed on a full-time, part-time, or seasonal basis. (2) Incidental expenses.--The Director may provide for incidental expenses, including transportation, lodging, and subsistence, for persons who provide voluntary services pursuant to this subsection to the Director. (3) Not federal employees.--An individual who provides voluntary services to the Director pursuant to this subsection shall not be considered to be a Federal employee for any purpose other than for purposes of chapter 81 of title 5, United States Code (relating to compensation for work injuries) and chapter 171 of title 28, United States Code (relating to tort claims). SEC. 9. CONTRACTS. The Director may, without regard to the provisions of section 3324 of title 31, United States Code, and subject to appropriations Acts, enter into and perform contracts, leases, cooperative agreements, and other transactions, on such terms and conditions as the Director considers appropriate, with any Federal agency or any instrumentality of the United States, with any State, territory, or possession, with any political subdivision thereof, and with any person (including any educational institution), as may be necessary to carry out the functions of the Director and the Service. SEC. 10. USE OF SERVICES, EQUIPMENT, PERSONNEL, AND FACILITIES OF OTHER AGENCIES. (a) In General.--With the consent of the appropriate agency, the Director may, with or without reimbursement, use the services, equipment, personnel, and facilities of Federal agencies and other public and private agencies, and may cooperate with other public and private agencies in the use of services, equipment, personnel, and facilities. (b) Cooperation of Other Federal Agencies.--The head of each Federal agency shall cooperate fully with the Director in making the services, equipment, personnel, and facilities of the Federal agency available to the Director. (c) Supplies and Equipment.--Notwithstanding any other provision of law, the head of a Federal agency may transfer to or receive from the Service, without reimbursement, supplies and equipment, other than administrative supplies and equipment. SEC. 11. ACQUISITION AND MAINTENANCE OF PROPERTY. (a) In General.--The Director may-- (1) acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain such other real and personal property (including office space and patents), and any interest therein within or outside the continental United States as the Director considers necessary; (2) lease to others such real and personal property; and (3) provide by contract or otherwise for eating facilities and other necessary facilities for the welfare of employees of the Service at its installations and purchase and maintain equipment for such facilities. (b) Title to Property.--Title to any property or interest therein acquired pursuant to this section shall be in the United States. (c) Limitation.--The authority granted by subsection (a) shall be available only with respect to facilities of a special purpose nature that cannot readily be reassigned from similar Federal activities and are not otherwise available for assignment to the Service by the Director of General Services. (d) Contracts and Leases Subject to Appropriations.--The authority of the Director to enter into contracts and leases under this section shall be to such extent and in such amounts as are provided in appropriation Acts. SEC. 12. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES. The Director may accept transfers from other Federal agencies of funds that are available to carry out-- (1) functions transferred by this Act to the Director; or (2) functions assigned by law to the Director after the date of the enactment of this Act. SEC. 13. SEAL OF SERVICE. The Service shall cause a seal of office to be made for the Service of such design as the Director shall approve, and judicial notice shall be taken of such seal. SEC. 14. STATUS OF SERVICE UNDER CERTAIN LAWS. For purposes of chapter 9 of title 5, United States Code, the Service is an independent regulatory agency. SEC. 15. SAVINGS PROVISIONS. (a) In General.--All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in regard to functions that are transferred under this Act to the Service on or after the date of the enactment of this Act; and (2) that are in effect on the effective date of this Act; shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director or other authorized official, by a court of competent jurisdiction, or by operation of law. (b) Pending Licenses, Permits, Certificates, and Financial Assistance.-- (1) In general.--This Act shall not affect any proceedings or any application for any license, permit, certificate, or financial assistance pending on the effective date of this Act, and such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. (2) Proceedings.--Orders shall be issued in proceedings referred to in paragraph (1), appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. (3) Discontinuance or modification.--Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Pending Suits.-- (1) In general.--This Act shall not affect suits commenced before the effective date of this Act. (2) Proceedings.--In all suits referred to in paragraph (1), proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (d) Interim Appointments.-- (1) In general.--In any case involving an officer required by this Act to be appointed by and with the advice and consent of the Senate who has not entered office on the effective date of this Act, the President may designate the person who served as such officer on the day before the effective date of this Act to act in such office until the office is filled as provided by this Act. (2) Compensation.--A person designated to act in an office under paragraph (1) shall receive compensation at the rate of pay provided by this Act for the office in which the person acts. SEC. 16. LAWS AND REGULATIONS. Except as otherwise provided in this Act, all laws, rules, and regulations in effect and applicable to the Minerals Management Service of the Department of the Interior or to the Director of such Service on the date immediately preceding the effective date of this Act shall, on and after such effective date, be applicable to the Minerals Management Service and the Director established by this Act, until such law, rule, or regulation is repealed or otherwise modified or amended. SEC. 17. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Director.--The term ``Director'' means the Director of the Minerals Management Service appointed under section 3. (2) Service.--The term ``Service'' means the Minerals Management Service established by section 2.

Minerals Management Service Reform Act - Reestablishes the Minerals Management Service (MMS) as an independent establishment in the executive branch (currently, it is a bureau of the Department of the Interior). Requires the MMS Director to exercise all powers and discharge all duties of MMS and to carry out all functions, powers, and duties that are vested in the Department of the Interior relating to: (1) bidding, leasing, and managing all offshore oil and gas, including with respect to the Gulf of Mexico and other areas of the Outer Continental Shelf; and (2) collection of revenue (other than taxes) generated by such oil and gas.

To reform the Minerals Management Service by establishing it as an independent Federal agency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guam War Restitution Act''. SEC. 2. AMENDMENT TO THE ORGANIC ACT OF GUAM. The Organic Act of Guam (48 U.S.C. 1421 et seq.) is amended by adding at the end the following new section: ``SEC. 36. RECOGNITION OF DEMONSTRATED LOYALTY OF THE PEOPLE OF GUAM TO THE UNITED STATES, AND THE SUFFERING AND DEPRIVATION ARISING THEREFROM, DURING WORLD WAR II. ``(a) Application of Section.--This section shall apply to Guamanians who did not meet the one-year time limitation for filing of death or personal injury claims specified in the first section of the Act of November 15, 1945 (Chapter 483; 59 Stat. 582), or who suffered other compensable injuries if such Guamanians, their heirs or next of kin, meet the eligibility, time limitation for filing, and other criteria set forth in this section. ``(b) Definitions.--For the purposes of this section: ``(1) Award.--The term `award' means the amount of compensation payable under subsection (c). ``(2) Benefit.--The term `benefit' means the amount of compensation payable under subsection (d). ``(3) Board.--The term `Board' means the Guam Restitution Trust Fund Board of Directors established by subsection (h). ``(4) Claims fund.--The term `Claims Fund' means the Guam Restitution Claims Fund established by subsection (f)(1). ``(5) Compensable injury.--The term `compensable injury' means one of the following three categories of injury incurred during, or as a result of, World War II: ``(A) Death. ``(B) Personal injury. ``(C) Forced labor, forced march, or internment. ``(6) Guamanian.--The term `Guamanian' means any person who resided in the territory of Guam during the period beginning December 8, 1941, and ending September 2, 1945, and who was a United States citizen or national during the period. ``(7) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(8) Trust fund.--The term `Trust Fund' means the Guam Restitution Trust Fund established by subsection (g)(1). ``(c) General Authority of Secretary and Board; Requirements.-- ``(1) In general.--The Secretary may receive, examine, and render final decisions concerning claims for awards under subsection (d) and benefits under subsection (e) filed in accordance with this section. The Secretary may certify and disburse payments from the Claims Fund, and the Board may certify and disburse payments from the Trust Fund, in accordance with this section. ``(2) Required information for inclusion in claims for awards and benefits.--A claim for an award or benefit under this section shall be made under oath and shall include-- ``(A) the claimant's name and age; ``(B) the village in which the claimant resided at the time the compensable injury occurred; ``(C) the approximate date or dates when the compensable injury incurred; ``(D) a brief description of the compensable injury being claimed; ``(E) the circumstances leading up to that compensable injury; and ``(F) in the case of an award based on death as the compensable injury and in the case of a claim for a benefit, proof of the relationship of the claimant to the deceased. ``(3) Time limitation applicable to secretary.--The Secretary shall act expeditiously in the examination, determination, and certification of submitted claims, but in no event later than one year after the expiration of the time to be issued by the Secretary. ``(d) Eligibility.-- ``(1) Eligibility for awards.--To be eligible for an award under this section, the following criteria must be met: ``(A) The claimant is a living Guamanian who personally received the compensable injury, except that in a claim for death, a claimant may be the heir or next of kin of the decedent Guamanian. ``(B) The claimant files a claim with the Secretary for a compensable injury containing all the information required by subsection (c)(2). ``(C) The claimant is able to furnish either proof of the compensable injury or is able to produce affidavits by two witnesses to the compensable injury. ``(D) The claimant files a claim within one year after the date of enactment of this section. ``(2) Eligibility for benefits.--To be eligible for benefits under this section, the following criteria must be met: ``(A) The claimant is a living Guamanian who is an heir or next of kin of the decedent Guamanian who personally received the compensable injury and who died after September 2, 1945. ``(B) The claimant files a claim with the Secretary or the Board for a compensable injury containing all the information required by subsection (c)(2). ``(C) The claimant is able to furnish either proof of the compensable injury or is able to produce affidavits by two witnesses to the compensable injury. ``(D) The claimant files a claim within one year after the date of enactment of this section; except that persons who can prove consanguinity with claimants who have met the criteria specified in subparagraphs (A) through (C) may become eligible for pro rata share of benefits accruing to such claim by filing a claim with the Board at any time, by such procedures as the Board may prescribe. ``(3) Limitation on eligibility for awards and benefits.-- (A) A claimant may only be eligible for an award arising out of one category of compensable injury. ``(B) A claimant may only be eligible for benefits arising out of one category of compensable injury. ``(e) Payments.-- ``(1) Certification.--The Secretary shall certify all awards for payment, and the Board shall certify all benefits for payment, under this section. ``(2) Awards.--The Secretary shall pay the following amounts as an award to each eligible claimant under subsection (d)(1) from the Claims Fund: ``(A) $20,000 for the category of death. ``(B) $7,000 for the category of personal injury. ``(C) $5,000 for the category of forced labor, forced march, or internment. ``(3) Benefits.--The Secretary shall pay the following amounts as a benefit to each eligible claimant under subsection (d)(2) from the Trust Fund: ``(A) $7,000 for the category of personal injury. ``(B) $5,000 for the category of forced labor, forced march, or internment. ``(4) Refusal to accept payment.--If a claimant refuses to accept a payment under paragraph (2) or (3), an amount equal to such payment shall remain in the Claims Fund or Trust Fund, as appropriate, and no payment may be made under this section to such claimant at any future date. ``(5) Prorated payments related to claims for the same death.--Payment of the award or benefit relating to death shall be prorated among the heirs or next of kin claiming for the same death, as provided in the Guam probate laws. ``(6) Order of payments.--The Secretary shall endeavor to make payments under this section to eligible individuals in the order of date of birth (with the oldest individual on the date of the enactment of this Act or, if applicable, that individual's survivors under paragraph (6), receiving full payment first), until all eligible individuals have received payment in full. ``(f) Guam Restitution Claims Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States the Guam Restitution Claims Fund, to be administered by the Secretary of the Treasury, as directed by the Secretary of the Interior. Amounts in the Claims Fund shall only be available for disbursement by the Secretary of the Interior in the amounts specified in subsection (e). In the event that all eligible claims have been paid and a balance exists in the Claims Fund, any unobligated funds shall be transferred to the Trust Fund 60 days after the final report required in subsection (j)(3) is submitted to Congress. ``(2) Limitation on use of amounts from claims fund.--No cost incurred by the Secretary in carrying out this section shall be paid from the Claims Fund or set off against, or otherwise deducted from, any payment under this section to any eligible claimant. ``(g) Guam Restitution Trust Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States the Guam Restitution Trust Fund, which shall be administered by the Secretary of the Treasury. ``(2) Investments.--Amounts in the Trust Fund shall be invested in accordance with section 9702 of title 31, United States Code. ``(3) Uses.--Amounts in the Trust Fund shall be available only for disbursement by the Board in accordance with subsection (h). ``(h) Guam Restitution Trust Fund Board of Directors.-- ``(1) Establishment.--There is established the Guam Restitution Trust Fund Board of Directors, which shall be responsible for making disbursements from the Trust Fund in the manner provided in this subsection. ``(2) Uses.--The Board may make disbursements from the Trust Fund only-- ``(A) to sponsor research and public educational activities so that the events surrounding the wartime experiences and losses of the Guamanian people will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood; ``(B) to disburse available funds as benefits to eligible claimants through a revolving fund for such purposes as post-secondary scholarships, first-time home ownership loans, and other suitable purposes as may be determined by the Board; and ``(C) for reasonable administrative expenses of the Board, including expenses incurred under paragraphs (3)(C), (4), and (5). ``(3) Membership.--(A) The Board shall be composed of nine members appointed by the Secretary from recommendations made by the Governor of Guam, from individuals who are not officers or employees of the United States Government. ``(B)(i) Except as provided in subparagraphs (B) and (C), members shall be appointed for terms of three years. ``(ii) Of the members first appointed-- ``(I) five shall be appointed for terms of three years, and ``(II) four shall be appointed for terms of two years, as designed by the Secretary at the time of appointment. ``(iii) Any member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of such member's term until such member's successor has taken office. No individual may be appointed as a member for more than two consecutive terms. ``(C) Members of the Board shall serve without pay as such, except that members of the Board shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Board, in the same manner as persons employed intermittently in the United States Government are allowed expenses under section 5703 of title 5, United States Code. ``(D) Five members of the Board shall constitute a quorum but a lesser number may hold hearings. ``(E) The Chair of the Board shall be elected by the members of the Board. ``(4)(A) The Board shall have a Director who shall be appointed by the Board. ``(B) The Board may appoint and fix the pay of such additional staff as it may require. ``(C) The Director and the additional staff of the Board may be appointed without regard to section 5311(b) of title 5, United States Code, and without regard to the provisions of such title governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Board may not exceed a rate equivalent to the minimum rate of basic pay payable for GS-15 of the General Schedule under section 5332(a) of such title. ``(5) Administrative support services.--The Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request. ``(6) Gifts and donations.--The Board may accept, use, and dispose of gifts or donations of services or property for purposes authorized under paragraph (2). ``(7) Annual report.--Not later than 12 months after the first meeting of the Board and every 12 months thereafter, the Board shall transmit to the President and to each House of the Congress a report describing the activities of the Board. ``(i) Notice.--Not later than 90 days after the date of enactment of this section, the Secretary shall give public notice in the territory of Guam and such other places as the Secretary deems appropriate of the time when, and the time limitation within which, claims may be filed under this section. The Secretary shall assure that the provisions of this section are widely published in the territory of Guam and such other places as the Secretary deems appropriate, and the Secretary shall make every effort to advise promptly all persons who may be entitled to file claims under the provisions of this section and to assist them in the preparation and filing of their claims. ``(j) Reports.-- ``(1) Compensation needed.--No later than 18 months after enactment of this section, the Secretary shall submit a report to Congress and the Governor of Guam with a recommendation of a specific amount of compensation necessary to fully carry out this section. The report shall include-- ``(A) a list of all claims, categorized by compensable injury, which were approved under this section; and ``(B) a list of all claims, categorized by compensable injury, which were denied under this section, and a brief explanation for the reason therefore. ``(2) Annual.--Beginning with the first full fiscal year ending after submittal of the report provided in paragraph (1), and annually thereafter, the Secretary shall submit an annual report to Congress concerning the operations under this section, the status of the Claims Fund and Trust Fund, and any request for an appropriation in order to make disbursement from the Claims Fund and Trust Fund. Such report shall be submitted no later than January 15th of each year. ``(3) Final award report.--Once all awards have been paid to eligible claimants, the Secretary shall submit a report to Congress and to the Governor of Guam certifying-- ``(A) the total amount of compensation paid as awards under this section, broken down by category of compensable injury; and ``(B) the final status of the Claims Fund and the amount of any existing balance thereof. ``(k) Limitation.--Any remuneration on account of services rendered on behalf of any claimant, or any association of claimants, in connection with any claim or claims under this section may not exceed 5 percent of the amount paid on such claim or claims under this section. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in accordance with title 18, United States Code, imprisoned not more than 12 months, or both. ``(l) Disclaimer.--Nothing contained in this section shall constitute a United States obligation to pay any claim arising out of war. The compensation provided in this section is ex gratia in nature intended solely as a means of recognizing the demonstrated loyalty of the people of Guam to the United States, and the suffering and deprivation arising therefrom, during World War II. ``(m) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. Amounts appropriated pursuant to this section are authorized to remain available until expended.''. HR 4741 IH----2

Guam War Restitution Act - Amends the Organic Act of Guam to apply this Act to Guamanians who did not meet the one-year time limitation for filing of death or personal injury claims specified in a certain Act or who suffered other compensable injuries if such Guamanians, their heirs, or next of kin meet the eligibility, time limitation for filing, and other criteria set forth in this Act. Defines "compensable injury" as one of the three following categories of injury incurred during, or as a result of, World War II: (1) death; (2) personal injury; or (3) forced labor, forced march, or internment. Authorizes the Secretary of the Interior to render final decisions concerning claims for awards and benefits under this Act. Sets forth eligibility requirements. Makes awards available to Guamanians who personally received the compensable injury or to their heirs or next of kin in claims for death. Makes benefits available to Guamanians who are heirs or next of kin of the decedent Guamanian who received the compensable injury and who died after September 2, 1945. Requires payment of the award or benefit relating to death to be prorated among the heirs or next of kin claiming for the same death, as provided in the Guam probate laws. Establishes the Guam Restitution Claims Fund, the Guam Restitution Trust Fund, and the Guam Restitution Trust Fund Board of Directors. Permits the Board to make disbursements from the Trust Fund only: (1) to sponsor research and public educational activities relating to Guamanian wartime experiences; (2) to disburse funds as benefits to eligible claimants through a revolving fund for purposes such as post-secondary scholarships and first-time home ownership loans; and (3) for administrative expenses. Limits any remuneration on account of services rendered on behalf of any claimant in connection with any claim to five percent of the amount paid on such claim. Prescribes penalties for violations of such limit. Authorizes appropriations.

Guam War Restitution Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wheeling National Heritage Area Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the community of Wheeling, West Virginia, and vicinity, possess important historical, cultural, and natural resources, representing major heritage themes of transportation and commerce and industry and Victorian culture in the United States; (2) the City of Wheeling played an important part in the settlement of this country by serving as the western terminus of the National Road in the early 1800's, by serving as one of the few major inland ports in the nineteenth century, by hosting the establishment of the Restored State of Virginia, and later the State of West Virginia during the Civil War years and serving as the first capital of the new State of West Virginia, through the development and maintenance of many industries crucial to the Nation's expansion, including iron and steel, and textile manufacturing facilities, boat building facilities, glass manufacturing facilities, stogie and chewing tobacco manufacturing facilities, many of which are industries that continue to play an important role in the Nation's economy; (3) the City of Wheeling has retained its national heritage themes with the designations of the old custom house, now Independence Hall, as a National Historic Landmark; with the designation of the historic suspension bridge as a National Historic Landmark; with five historic districts, and many individual properties in the Wheeling area listed or eligible for nomination to the National Register of Historic Places; and (4) the heritage themes and number and diversity of Wheeling's remaining resources should be appropriately retained, enhanced, and interpreted for the education, benefit, and inspiration of the people of the United States. (b) Purposes.--The purposes of this Act are to-- (1) recognize the importance of the history and development of the Wheeling area in the cultural heritage of the Nation; (2) provide a framework to assist the City of Wheeling and other public and private entities and individuals in the appropriate preservation, enhancement, and interpretation of resources in the Wheeling area emblematic of Wheeling's contributions to that cultural heritage; and (3) allow for limited Federal, State and local capital contributions for planning and infrastructure investments to create the Wheeling National Heritage Area, in partnership with the State of West Virginia and the City of Wheeling, West Virginia and its designees; and to provide for an economically self-sustaining National Heritage Area not dependent on Federal assistance beyond the initial years necessary to establish the National Heritage Area. SEC. 3. DEFINITION. As used in this Act, the term ``Plan'' refers to the Plan for the Wheeling National Heritage Area, prepared for the Wheeling National Heritage Area Task Force, the City of Wheeling, and the National Park Service, published in August 1992, which Plan includes-- (1) an inventory of the natural and cultural resources in the City of Wheeling; (2) criteria for preserving and interpreting significant natural and historic resources; (3) a strategy for the conservation, preservation, and reuse of the historical and cultural resources in the City of Wheeling and the region; and (4) an implementation agenda by which the State of West Virginia and local governments can program their resources as well as a complete description of the management entity responsible for implementing the Plan. SEC. 4. DESIGNATION OF NATIONAL HERITAGE AREA. In furtherance of the purposes of this Act, there is hereby established the Wheeling National Heritage Area in the State of West Virginia (hereinafter referred to as the ``Area''). The Area shall include those lands and waters within the boundary generally depicted on the map entitled, ``Boundary Map, Wheeling National Heritage Area, West Virginia'', which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, and in Wheeling, West Virginia. SEC. 5. DUTIES OF THE SECRETARY. (a) Purpose.--To carry out the purposes of this Act, the Secretary of the Interior shall-- (1) assist appropriate local entities in the development of interpretive and educational materials as specified in the Plan or subsequent planning efforts (for example, the interpretive master plan); and (2) provide funds for capital improvements to projects and initial operating assistance consistent with the Plan. (b) Technical Assistance.--The Secretary shall, as outlined in the Plan, provide technical assistance to appropriate local entities in the preparation of any plans or studies pursuant to the Plan. (c) Capital Projects.--(1) Application for funds for capital projects and improvements under this Act shall be submitted to the Secretary and shall include a description of how the project proposed to be funded will further the purposes of the Area. (2) In making such funds available, the Secretary shall give consideration to projects which provide a greater leverage of Federal funds. Any payment made shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States of reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. SEC. 6. DUTIES OF OTHER FEDERAL ENTITIES. Any Federal department, agency or other entity conducting or supporting activities directly affecting the Area shall-- (1) consult with the Secretary of the Interior with respect to such activities; (2) cooperate with the Secretary of the Interior in carrying out its duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and (3) to the maximum extent practicable, conduct or support such activities in a manner which the Secretary of the Interior determines will not have an adverse affect on the Area. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of the Interior to carry out this Act not more than-- (1) $5,000,000 for capital projects; (2) $1,000,000 for planning and studies; and (3) $500,000 for technical assistance. Funds made available pursuant to paragraphs (1) and (2) shall not exceed 50 percent of the total costs of the project to be funded.

Wheeling National Heritage Area Act of 1994 - Establishes the Wheeling National Heritage Area in West Virginia. Directs the Secretary of the Interior to: (1) assist appropriate local entities in the development of interpretive and educational materials as specified in the August 1992 Plan for the Wheeling National Heritage Area; (2) provide funds for capital improvements to projects and initial operating assistance; and (3) provide technical assistance to the local entities in the preparation of plans or studies pursuant to the Plan. Authorizes appropriations. Limits funds made available for capital projects and planning and studies to 50 percent of the costs of the project funded.

Wheeling National Heritage Area Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber-Crime Act of 2007''. SEC. 2. CONSPIRACY TO COMMIT CYBER-CRIMES. Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)(5)(B), by inserting ``or a conspiracy to commit an offense,'' after ``offense,''; and (2) in subsection (b), by inserting ``conspires to commit or'' after ``Whoever''. SEC. 3. FIXING LOOPHOLES WITH CYBER-EXTORTION. Section 1030(a)(7) of title 18, United States Code, is amended to read as follows: ``(7) with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any-- ``(A) threat to cause damage to a protected computer; ``(B) threat to obtain information or impair the confidentiality of information obtained from a protected computer without authorized access or by exceeding authorized access; or ``(C) demand or request for money or other thing of value in relation to damage to a protected computer, where such damage was caused to facilitate the extortion;''. SEC. 4. DAMAGE TO PROTECTED COMPUTERS. (a) In General.--Section 1030(a)(5)(B) of title 18, United States Code, is amended-- (1) in clause (iv), by striking ``or'' at the end; (2) in clause (v), by inserting ``or'' at the end; and (3) by adding at the end the following: ``(vi) damage affecting 10 or more protected computers during any 1-year period.''. (b) Terrorism.--Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking ``1030(a)(5)(A)(ii) through (v) (relating to protection of computers)'' and inserting ``1030(a)(5)(A)(ii) through (vi) (relating to the protection of computers)''. SEC. 5. RICO PREDICATES. Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 1030 (relating to fraud and related activity in connection with computers),'' before ``section 1084,''. SEC. 6. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL PENALTIES. (a) Elimination of Requirement of an Interstate or Foreign Communication for Certain Offenses Involving Protected Computers.-- Section 1030(a)(2)(C) of title 18, United States Code, is amended by striking ``if the conduct involved an interstate or foreign communication''. (b) Broadening of Scope.--Section 1030(e)(2)(B) of title 18, United States Code, is amended by inserting ``or affecting'' after ``which is used in''. SEC. 7. CIVIL FORFEITURE FOR SECTION 1030 VIOLATIONS. Section 1030 of title 18, United States Code, is amended by adding at the end the following: ``(i) Forfeiture.-- ``(1) Civil.-- ``(A) In general.--The court, in imposing sentence for an offense under this section, shall, in addition to any other sentence imposed and irrespective of any provision of State law, order that the person forfeit to the United States-- ``(i) the person's interest in any personal property that was used or intended to be used to commit or to facilitate the commission of such violation; and ``(ii) any property, real or personal, constituting or derived from, any proceeds the person obtained, directly or indirectly, as a result of such violation. ``(B) Applicable procedures.--Seizures and forfeitures under this paragraph shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) of title 18 shall be performed by such officers, agents and other persons as may be designated for that purpose by the Secretary of Homeland Security. ``(2) Criminal.--Pursuant to section 2461(c) of title 28, United States Code, the criminal forfeiture of property under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse and Prevention Control Act of 1970 (21 U.S.C. 853), except subsection (d) of that section. ``(3) Property subject to forfeiture.--Any real or personal property of a violator of this section or a person acting in concert with such a violator that is used to commit or facilitate the commission of a violation of this section, the gross proceeds of such violation, and any property traceable to such property or proceeds, shall be subject to forfeiture.''. SEC. 8. DIRECTIVE TO SENTENCING COMMISSION. (a) Directive.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review its guidelines and policy statements applicable to persons convicted of offenses under sections 1028, 1028A, 1030, 2511, and 2701 of title 18, United States Code and any other relevant provisions of law, in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by such guidelines and policy statements. (b) Requirements.--In determining its guidelines and policy statements on the appropriate sentence for the crimes enumerated in subsection (a), the Commission shall consider the extent to which the guidelines and policy statements may or may not account for the following factors in order to create an effective deterrent to computer crime and the theft or misuse of personally identifiable data: (1) The level of sophistication and planning involved in such offense. (2) Whether such offense was committed for purpose of commercial advantage or private financial benefit. (3) The potential and actual loss resulting from the offense including-- (A) the value of information obtained from a protected computer, regardless of whether the owner was deprived of use of the information; and (B) where the information obtained constitutes a trade secret or other proprietary information, the cost the victim incurred developing or compiling the information. (4) Whether the defendant acted with intent to cause either physical or property harm in committing the offense. (5) The extent to which the offense violated the privacy rights of individuals. (6) The effect of the offense upon the operations of an agency of the United States Government, or of a State or local government. (7) Whether the offense involved a computer used by the United States Government, a State, or a local government in furtherance of national defense, national security, or the administration of justice. (8) Whether the offense was intended to, or had the effect of significantly interfering with or disrupting a critical infrastructure. (9) Whether the offense was intended to, or had the effect of creating a threat to public health or safety, causing injury to any person, or causing death. (10) Whether the defendant purposefully involved a juvenile in the commission of the offense. (11) Whether the defendant's intent to cause damage or intent to obtain personal information should be disaggregated and considered separately from the other factors set forth in USSG 2B1.1(b)(14). (12) Whether the term ``victim,'' as used in USSG 2B1.1, should include individuals whose privacy was violated as a result of the offense in addition to individuals who suffered monetary harm as a result of the offense. (13) Whether the defendant disclosed personal information obtained during the commission of the offense. (c) Additional Requirements.--In carrying out this section, the Commission shall-- (1) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (2) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (3) make any conforming changes to the sentencing guidelines; and (4) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. SEC. 9. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE CRIMINAL ACTIVITY INVOLVING COMPUTERS. (a) Additional Funding for Resources.--In addition to amounts otherwise authorized for resources to investigate and prosecute criminal activity involving computers, there are authorized to be appropriated for each of the fiscal years 2008 through 2012-- (1) $10,000,000 to the Director of the United States Secret Service and $10,000,000 to the Director of the Federal Bureau of Investigation to hire and train law enforcement officers to investigate crimes committed through the use of computers and other information technology, including through the use of the Internet, and assist in the prosecution of such crimes and procure advanced tools of forensic science to investigate and study such crimes; and (2) $10,000,000 to the Attorney General for the prosecution of such crimes. (b) Availability.--Any amounts appropriated under subsection (a) shall remain available until expended.

Cyber-Crime Act of 2007 - Amends the federal criminal code to: (1) add criminal penalties for conspiracy to intentionally access a protected computer (i.e., computers serving the federal government or financial institutions); (2) redefine the crime of computer-related extortion to include threats to access without authorization (or to exceed authorized access of) a protected computer; (3) impose criminal penalties for damaging 10 or more protected computers during any one-year period; (4) expand the definition of racketeering to include computer fraud; (5) eliminate the interstate communication requirement for purposes of prosecuting computer fraud offenses; and (6) impose civil forfeiture penalties for unauthorized access to protected computers. Directs the U.S. Sentencing Commission to review and revise its sentencing guidelines and policy statements for crimes involving document and computer fraud, aggravated identity theft, and illegal wiretapping to reflect congressional intent to increase the penalties for such crimes. Authorizes additional funding for the U.S. Secret Service, the Federal Bureau of Investigation (FBI), and the Attorney General in FY2008-FY2012 to investigate and prosecute criminal activity involving computers.

A bill to amend title 18, United States Code, to improve prevention, investigation, and prosecution of cyber-crime, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Now Act of 2012''. SEC. 2. TEMPORARY TAX CREDIT FOR INCREASED PAYROLL. (a) In General.--In the case of a qualified employer who elects the application of this section, there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the taxable year which includes December 31, 2012, an amount equal to 10 percent of the excess (if any) of-- (1) the sum of the wages and compensation paid by such qualified employer for qualified services during calendar year 2012, over (2) the sum of such wages and compensation paid during calendar year 2011. (b) Limitation.--The amount of the excess taken into account under subsection (a) with respect to any qualified employer shall not exceed $5,000,000. (c) Wages and Compensation.--For purposes of this section-- (1) Wages.--The term ``wages'' has the meaning given such term under section 3121 of the Internal Revenue Code of 1986 for purposes of the tax imposed by section 3111(a) of such Code. (2) Compensation.--The term ``compensation'' has the meaning given such term under section 3231 of such Code for purposes of the portion of the tax imposed by section 3221(a) of such Code that corresponds to the tax imposed by section 3111(a) of such Code. (3) Application of contribution and benefit base to calendar year 2011.--For purposes of determining wages and compensation under subsection (a)(2), the contribution and benefit base as determined under section 230 of the Social Security Act shall be such amount as in effect for calendar year 2012. (4) Special rule when no wages or compensation in 2011.--In any case in which the sum of the wages and compensation paid by a qualified employer for qualified services during calendar year 2011 is zero, then the amount taken into account under subsection (a)(2) shall be 80 percent of the amount taken into account under subsection (a)(1). (5) Coordination with other employment credits.--The amount of the excess taken into account under subsection (a) shall be reduced by the sum of all other Federal tax credits determined with respect to wages or compensation paid in calendar year 2012. (d) Other Definitions.-- (1) Qualified employer.--For purposes of this section-- (A) In general.--The term ``qualified employer'' has the meaning given such term under section 3111(d)(2) of the Internal Revenue Code of 1986, determined by substituting ``section 101 of the Higher Education Act of 1965'' for ``section 101(b) of the Higher Education Act of 1965'' in subparagraph (B) thereof. (B) Aggregation rules.--Rules similar to the rules of sections 414(b), 414(c), 414(m), and 414(o) of such Code shall apply to determine when multiple entities shall be treated as a single employer, and rules with respect to predecessor and successor employers may be applied, in such manner as may be prescribed by the Secretary of the Treasury or the Secretary's designee (in this section referred to as the ``Secretary''). (2) Qualified services.--The term ``qualified services'' means services performed by an individual who is not described in section 51(i)(1) of such Code (applied by substituting ``qualified employer'' for ``taxpayer'' each place it appears)-- (A) in a trade or business of the qualified employer, or (B) in the case of a qualified employer exempt from tax under section 501(a) of such Code, in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501 of such Code. (e) Application of Certain Rules.--Rules similar to the rules of sections 280C(a) and 6501(m) of the Internal Revenue Code of 1986 shall apply with respect to the credit determined under this section. (f) Treatment of Credit.--For purposes of the Internal Revenue Code of 1986-- (1) Taxable employers.-- (A) In general.--The credit allowed under subsection (a) with respect to qualified services described in subsection (d)(2)(A) for any taxable year shall be added to the current year business credit under section 38(b) of such Code for such taxable year and shall be treated as a credit allowed under subpart D of part IV of subchapter A of chapter 1 of such Code. (B) Limitation on carrybacks.--No portion of the unused business credit under section 38 of such Code for any taxable year which is attributable to an increase in the current year business credit by reason of subparagraph (A) may be carried to a taxable year beginning before the date of the enactment of this section. (2) Tax-exempt employers.-- (A) In general.--The credit allowed under subsection (a) with respect to qualified services described in subsection (d)(2)(B) for any taxable year-- (i) shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 of such Code, and (ii) shall be added to the credits described in subparagraph (A) of section 6211(b)(4) of such Code. (B) Conforming amendment.--Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``or due under section 2 of the Hire Now Act of 2012'' after ``the Housing Assistance Tax Act of 2008''. (g) Treatment of Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of subsections (a) through (f). Such amounts shall be determined by the Secretary based on information provided by the government of the respective possession of the United States. (B) Other possessions.--The Secretary shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary as being equal to the loss to that possession that would have occurred by reason of the application of subsections (a) through (f) if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit allowed under such subsections. (2) Coordination with credit allowed against united states income taxes.--No increase in the credit determined under section 38(b) of the Internal Revenue Code of 1986 against United States income taxes for any taxable year determined by reason of subsection (f)(1)(A) shall be taken into account with respect to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of this section for such taxable year, or (B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from credit provisions described in such section. (h) Regulations.--The Secretary shall prescribe such regulations or guidance as are necessary to carry out the provisions of this section. SEC. 3. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Major Integrated Oil Companies.--Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)(5)(B)) may not use the method provided in subsection (b) in inventorying of any goods.''. (b) Effective Date and Special Rule.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years ending after the date of the enactment of this Act. (2) Change in method of accounting.--In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year ending after the date of the enactment of this Act-- (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. SEC. 4. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS OF MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years ending after the date of the enactment of this Act.

Hire Now Act of 2012 - Amends the Internal Revenue Code to: (1) allow certain employers a tax credit for 10% of the excess (if any) of the wages and compensation paid to their employees in 2012 over the amount of such wages paid in 2011, up to a maximum amount of $5 million; (2) prohibit major integrated oil companies from using the last-in, first-out (LIFO) accounting method; and (3) deny major integrated oil companies a tax deduction for intangible drilling and development costs.

To provide a temporary tax credit for increased payroll, to eliminate certain tax benefits for major integrated oil companies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Transportation Employees Assistance Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``eligible individual'' means an individual whose eligibility for temporary extended unemployment compensation is or would be based on the exhaustion of regular compensation, entitlement to which was based in whole or in part on qualifying employment performed during such individual's base period; (2) the term ``qualifying employment'', with respect to an eligible individual, means employment-- (A) with an air carrier, at a facility at an airport that involves the provision of transportation to or from an airport, or with an upstream producer or supplier for an air carrier; and (B) as determined by the Secretary, separation from which was due, in whole or in part, to-- (i) reductions in service by an air carrier as a result of a terrorist action or security measure; (ii) a closure of an airport in the United States as a result of a terrorist action or security measure; or (iii) a military conflict with Iraq that has been authorized by Congress; (3) the term ``air carrier'' means an air carrier that holds a certificate issued under chapter 411 of title 49, United States Code; (4) the term ``upstream producer'' means a firm that performs additional, value-added, production processes, including firms that perform final assembly, finishing, or packaging of articles, for another firm; (5) the term ``supplier'' means a firm that produces component parts for, or articles and contract services considered to be a part of the production process or services for, another firm; (6) the term ``Secretary'' means the Secretary of Labor; and (7) the term ``terrorist action or security measure'' means a terrorist attack on the United States on September 11, 2001, or a security measure taken in response to such attack. SEC. 3. ADDITIONAL TEMPORARY EXTENDED UNEMPLOYMENT BENEFITS FOR ELIGIBLE EMPLOYEES. In the case of an eligible employee, the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21), as amended by Public Law 108-1 (117 Stat. 3), shall be applied as if it had been amended in accordance with section 4. SEC. 4. MODIFICATIONS. (a) In General.--For purposes of section 3, the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21), as amended by Public Law 108-1 (117 Stat. 3), shall be treated as if it had been amended as provided in this section. (b) Program Extension.--Deem section 208 of the Temporary Extended Unemployment Compensation Act of 2002, as amended by Public Law 108-1 (117 Stat. 3), to be amended to read as follows: ``SEC. 208. APPLICABILITY. ``(a) In General.--Subject to subsection (b), an agreement entered into under this Act shall apply to weeks of unemployment-- ``(1) beginning after the date on which such agreement is entered into; and ``(2) ending before December 29, 2003. ``(b) Transition for Amount Remaining in Account.-- ``(1) In general.--Subject to paragraph (2), in the case of an individual who has amounts remaining in an account established under section 203 as of December 28, 2003, temporary extended unemployment compensation shall continue to be payable to such individual from such amounts for any week beginning after such date for which the individual meets the eligibility requirements of this Act, including such compensation payable by reason of amounts deposited in such account after such date pursuant to the application of subsection (c) of such section. ``(2) Limitation.--No compensation shall be payable by reason of paragraph (1) for any week beginning after December 26, 2004.''. (c) Additional Weeks of Benefits.--Deem section 203 of the Temporary Extended Unemployment Compensation Act of 2002, as amended by Public Law 108-1 (117 Stat. 3), to be amended-- (1) in subsection (b)(1)-- (A) in subparagraph (A), by striking ``50'' and inserting ``150''; and (B) by striking ``13'' and inserting ``39''; and (2) in subsection (c)(1), by inserting ``\1/3\ of'' after ``equal to''. (d) Effective Date of Modifications Described in Subsection (c).-- (1) In general.--The amendments described in subsection (c)-- (A) shall be deemed to have taken effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002; but (B) shall be treated as applying only with respect to weeks of unemployment beginning on or after the date of enactment this Act, subject to paragraph (2). (2) Special rules.--In the case of an eligible individual for whom a temporary extended unemployment account was established before the date of enactment of this Act, the Temporary Extended Unemployment Compensation Act of 2002 (as amended by this Act) shall be applied subject to the following: (A) Any amounts deposited in the individual's temporary extended unemployment compensation account by reason of section 203(c) of such Act (commonly known as ``TEUC-X amounts'') before the date of enactment of this Act shall be treated as amounts deposited by reason of section 203(b) of such Act (commonly known as ``TEUC amounts''), as deemed to have been amended by subsection (c)(1). (B) For purposes of determining whether the individual is eligible for any TEUC-X amounts under such Act, as deemed to be amended by this section-- (i) any determination made under section 203(c) of such Act before the application of the amendment described in subsection (c)(2) shall be disregarded; and (ii) any such determination shall instead be made by applying section 203(c) of such Act, as deemed to be amended by subsection (c)(2)-- (I) as of the time that all amounts established in such account in accordance with section 203(b) of such Act (as deemed to be amended under this section, and including any amounts described in subparagraph (A)) are in fact exhausted, except that (II) if such individual's account was both augmented by and exhausted of all TEUC-X amounts before the date of enactment of this Act, such determination shall be made as if exhaustion (as described in section 203(c)(1) of such Act) had not occurred until such date of enactment.

Air Transportation Employees Assistance Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to provide for additional TEUCA benefits for certain individuals separated from employment with air carriers, or at airport facilities that provide transportation to or from an airport, or with upstream producers or suppliers for air carriers, if the Secretary of Labor determines that such separation was due, in whole or part, to: (1) reductions in service by an air carrier as a result of a terrorist action or security measure; (2) a closure of an airport in the United States as a result of a terrorist action or security measure; or (3) a military conflict with Iraq that has been authorized by Congress.

To provide for additional temporary extended unemployment compensation for certain displaced workers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Fiscal Accountability Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Prescription drug costs continue to rise, affecting all people in the United States. (2) Generic drugs are approved by the Food and Drug Administration and offer a safe alternative to brand-name drugs. (3) Access to generic drugs upon expiration of valid pharmaceutical patents can result in a cost-effective alternative to brand-name drugs. (4) The generic version of a drug often enters the market at a cost that is 25 to 35 percent less than the cost of the brand-name version of the drug, and after a few years typically sells for about 50 percent of the cost of the brand-name version. (5) Enhancing competition between generic and brand-name drug manufacturers can reduce the cost of prescription drugs. SEC. 3. 180-DAY GENERIC DRUG EXCLUSIVITY FOR CERTAIN SUBSEQUENT APPLICANTS. Section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)) is amended-- (1) in clause (iv)-- (A) by striking ``If the application'' and inserting ``Subject to clause (v), if the application''; and (B) by striking ``continuing'' and inserting ``containing''; and (2) by adding at the end the following: ``(v) If the application contains a certification described in subclause (IV) of paragraph (2)(A)(vii) for a drug, the Secretary shall treat the application as the first such application submitted under this subsection for that drug if every person that previously submitted an application containing such a certification for that drug-- ``(I) fails to market the drug within 60 days after the Secretary approves the previously submitted application; ``(II) withdraws the previously submitted application; ``(III) changes, for any reason, the certification in the previously submitted application to a certification described in subclause (III) of paragraph (2)(A)(vii); ``(IV) in a case in which, after the date on which the previous application was submitted, new patent information is submitted for the drug under subsection (c)(2) for a patent for which certification is required under subclause (IV) of paragraph (2)(A)(vii), fails to challenge the patent that is the subject of the information within 60 days after the date on which the patent information is submitted; or ``(V) has engaged in conduct in violation of the antitrust laws (as the term `antitrust laws' is defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition).''. SEC. 4. NATIONAL INSTITUTES OF HEALTH; AWARDS TO DESIGNATED SMALL ENTITIES FOR PHASE 1 OR 2 CLINICAL STUDIES ON DEVELOPMENT OF NEW DRUGS. Section 402 of the Public Health Service Act (42 U.S.C. 282) is amended by adding at the end the following: ``(m)(1) The Director of NIH shall make awards of grants or contracts to designated small entities to support qualifying clinical research on the development of new drugs that, in the determination of such Director, have the potential to make a significant contribution to the prevention, diagnosis, or treatment of a disease. ``(2) For purposes of this subsection: ``(A) The term `designated small entity' means a public or private entity (including a university or other educational institution) meeting the following conditions: ``(i) The entity has been granted an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act. ``(ii) Qualifying clinical research is being or will be conducted pursuant to such exemption. ``(iii) The Director of NIH determines that the entity may lack the financial resources to complete the qualifying clinical research involved unless an award under paragraph (1) is made to the entity. ``(B) The term `qualifying clinical research', with respect to a new drug, means the conduct of Phase 1 or Phase 2 studies within the meaning of section 312.21 of title 21, Code of Federal Regulations (or successor regulations). ``(3) In supporting qualifying clinical research under paragraph (1) for a fiscal year, the Director of NIH shall give priority to the development of any new drug described in such paragraph that is being developed for a disease for which the amount of funds for clinical research obligated by the National Institutes of Health for the preceding fiscal year is significantly less than amounts obligated by such Institutes for such fiscal year for clinical research on other diseases. ``(4) For the purpose of carrying out this subsection, there are authorized to be appropriated $750,000,000 for fiscal year 2003, and such sums as may be necessary for each subsequent fiscal year.''. SEC. 5. CONTINGENT PAYMENT FOR NATIONAL INSTITUTES OF HEALTH SUPPORT FOR DEVELOPMENT OF NEW DRUGS. Section 402 of the Public Health Service Act (42 U.S.C. 282) (as amended by section 4) is further amended by adding at the end the following: ``(n)(1) The Director of NIH may not award a grant or contract to an entity to support the development of a new drug, including any research related to such development, unless the entity involved agrees that, if the new drug with respect to which the award is made is approved under section 351 or under section 505 of the Federal Food, Drug, and Cosmetic Act, the entity will, for the effective patent period for which the new drug is in commercial distribution, pay to the Director of NIH an amount equal to 5 percent of the profits derived from sales of the new drug during such period. After consultation with such entity, the Director of NIH may establish a schedule of periodic payments to meet the obligation of the entity under the preceding sentence. ``(2) Payments under paragraph (1) may be made directly by the entity involved or by an entity that has purchased the rights to the new drug involved or has received a license regarding the sale of the new drug. ``(3) Subject to the availability of appropriations, amounts paid to the Director of NIH under this subsection are available to the Director to award grants and contracts for the development of new drugs, and such amounts may remain available until expended.''. SEC. 6. STUDY ON EFFECTS OF FEDERAL SUPPORT FOR RESEARCH AND DEVELOPMENT OF PRESCRIPTION DRUGS. (a) Study.--The Comptroller General of the United States shall conduct a study and make findings and recommendations with respect to the effects of Federal funding used by Federal agencies to conduct or support research and development of prescription drugs, on the following: (1) The overall cost of such research and development. (2) The pricing of prescription drugs. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the study, findings, and recommendations required by subsection (a). SEC. 7. STUDY ON PHARMACEUTICAL PATENT EXTENSIONS AND MARKET EXCLUSIVITY PERIODS. (a) Study.--The Comptroller General of the United States shall conduct a study and make findings and recommendations on pharmaceutical patent extensions and market exclusivity periods under Federal law, including the effect of such extensions and periods on possible delays in the introduction of generic versions of prescription drugs. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the study, findings, and recommendations required by subsection (a).

Pharmaceutical Fiscal Accountability Act of 2002 - Amends the Federal Food, Drug, and Cosmetic Act to treat certain subsequent certified abbreviated new drug applications as if they were the first such application and therefore entitled to a period of 180 day generic drug exclusivity. (Abbreviated new drug applications are filed where the new drugs uses or active ingredient(s) are the same as those for a previously approved drug, also known as a "listed drug.")Amends the Public Health Service Act to require the Director of the National Institutes of Health to support qualifying clinical research on the development of new drugs at designated small public or private entities. Emphasizes drug research which has the potential to make a significant contribution for the prevention, diagnosis, or treatment of a disease which has not received significant Federal funding. Entitles the Director to five percent of the profits from sales during the patent period.Requires the Comptroller General to study and report to Congress on the effects of: (1) Federal funding on the costs of research and the pricing of prescription drugs; and (2) pharmaceutical patent extensions and market exclusivity periods on delays in introducing generic versions.

To amend the Federal Food, Drug, and Cosmetic Act to allow certain applicants for approval of a generic drug to be eligible for a 180-day period of protection from competition, and for other purposes.

SECTION 1. INSTRUCTIONAL LEVEL ASSESSMENT PILOT PROGRAM. Part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.) is amended by adding at the end the following: ``Subpart 5--Instructional Level Assessment ``SEC. 6171. INSTRUCTIONAL-LEVEL ASSESSMENT PILOT PROGRAM. ``(a) Grant Authority.-- ``(1) In general.--The Secretary shall award grants on a competitive basis to no more than ten State educational agencies to conduct pilot programs to determine the effectiveness of assessing students with disabilities who are achieving significantly below grade-level proficiency at their instructional level, and to facilitate quality instruction for such students. ``(2) Grant period.--Grants described under paragraph (1) shall be made for a 3 year period. ``(b) Application.--A State that desires the grant described under paragraph (1) shall submit an application for such grant, at such time, in such manner and in such format as the Secretary may prescribe. In order to be eligible to receive a grant under this section, an State shall-- ``(1) be determined by the Secretary to not be in need of intervention or substantial intervention in implementing the requirements as described in part B, section 616(d)(2) (20 U.S.C. 1416) of the Individuals with Disabilities Education Act; ``(2) have developed and implemented alternate assessments to modified academic achievement standards; ``(3) as part of such application, provide assurances such agency has identified a minimum of 5 local education agencies, considering geographic diversity, the mix of rural and urban districts, and the mix of small and large districts, to participate in the pilot; ``(4) demonstrate such agency will provide guidance to the participating local education agencies on-- ``(A) how to appropriately select students for the pilot; ``(B) scientifically valid assessment & evaluation tools to be utilized; and ``(C) data collection and reporting; ``(5) as part of such application, provide an assurance that participating local education agencies have implemented a response to intervention approach as defined in section 9101 that ensures that all students have received data driven, quality instruction in the grade-level content; and ``(6) ensure monitoring and oversight of the participating local education agencies, including establishment of a process to review documentation provided by the individualized education program team (or `IEP Team') (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(B))), for each student recommended for participation in the pilot to ensure that students are appropriately identified for participation. ``(c) Program Elements.--In implementing the pilot, a State educational agency and the participating local educational agencies shall-- ``(1) limit participation of students in the pilot program to .5 percent of the total population of students assessed in each participating local educational agency; ``(2) ensure that the participating student's IEP Team has determined that the alternate assessment to modified achievement standards is the appropriate annual assessment for the student and secured the written consent of the parents of such student prior to such students being assessed under the pilot program; ``(3) ensure that all students participating in the pilot program are receiving data driven, quality instruction in the grade level content in the subject areas to be assessed; ``(4) ensure the IEP Team shall-- ``(A) examine the student's testing data, formative assessments, student work, IEP progress notes, data from the response to intervention approaches, teacher recommendations and other data that indicates a student's instructional level; ``(B) determine whether the student is performing three or more grade levels below their current grade level in either reading or math, as measured by scientifically-valid and reliable instruments, and the measures described in subparagraph (A); and ``(C) administer scientifically-valid and reliable assessments based on the student's instructional level in reading and/or math; and ``(5) based on the student's instructional level assessment, ensure the IEP Team will develop, and the local education agency will implement, a series of targeted interventions that directly address and are designed to remediate identified gaps in the student's instructional and grade-level content knowledge. ``(d) Accountability.-- ``(1) The data from instructional level assessments shall not be used for purpose of determining whether a student meets or exceeds a proficient level of achievement as described under section 1111(b). ``(2) The results of any such instructional leveal assessments administered under this Act shall not be used to determine whether a school, local educational agency, or State educational agency has made adequate yearly progress, as described under section 1111(b). ``(e) Reports.-- ``(1) Each local education agency participating in the pilot will compile a report documenting progress on each student's instructional level proficiency and progress made toward reaching grade level proficiency based on either an alternate assessment based on modified academic achievement standards or regular academic achievement standards and a scientifically valid and reliable instructional level assessment. ``(2) Each State education agency participating in the pilot shall submit an annual report to the Secretary, describing how many students participated in the pilot, and the progress made towards closing the gap between their current grade level proficiency and instructional level proficiency. ``(3) Data collected shall be used by the Secretary to inform the report in section 1111(b)(2)(S). ``(4) The Secretary shall issue a report to Congress indicating how many students participated in the pilot and changes in the gap between their instructional and grade level proficiency before participation in the pilot and after their participation. ``(f) Authorization of Funds.--There are authorized to be appropriated $5,000,000 to make grants under this section for fiscal year 2008.''.

Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to: (1) award competitive grants to up to 10 states for pilot programs to determine the effectiveness of assessing disabled students who are achieving significantly below grade-level proficiency at their instructional level; and (2) provide quality instruction to such students. Requires each grantee to identify a minimum of five local educational agencies (LEAs) to participate in its pilot program and limit student participation to 0.5% of the students assessed in each participating LEA. Requires such states and LEAs to ensure that each participating student's individualized education program team: (1) administers, after securing parental consent, a scientifically-valid and reliable assessment based on the student's instructional level in reading and/or math; and (2) based on such assessment, develops a series of targeted interventions designed to close identified gaps in the student's instructional and grade-level content knowledge. Prohibits the use of such assessment results in determinations of adequate yearly progress (AYP) toward state academic performance standards.

To amend the Elementary and Secondary Education Act of 1965 to establish an instructional level assessment pilot program.

SECTION 1. BUS AND BUS FACILITIES STATE OF GOOD REPAIR DISCRETIONARY GRANTS. (a) In General.--Chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5341. Bus and bus facilities state of good repair discretionary grants ``(a) Definitions.--In this section-- ``(1) the term `State' means a State of the United States; and ``(2) the term `territory' means the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands. ``(b) General Authority.--The Secretary shall make grants under this section to assist eligible recipients described in subsection (e)(1) in financing capital projects to maintain bus and bus facilities systems in a state of good repair, including projects-- ``(1) to replace, rehabilitate, and purchase buses and related equipment; and ``(2) to construct bus-related facilities. ``(c) Grant Criteria.--In making grants under this section, the Secretary-- ``(1) with respect to a bus and bus facilities system, shall consider-- ``(A) project readiness; ``(B) the level of commitment of non-Federal funds and the availability of a local financial commitment that exceeds the required non-Federal share of the cost of the project; and ``(C) project justification; ``(2) with respect to the replacement, rehabilitation, and purchase of buses and related equipment, and the construction of bus-related facilities, shall consider-- ``(A) condition; ``(B) the need to comply with any applicable legal requirements relating to reinvestment; and ``(C) the status of components; and ``(3) in considering the factors under paragraphs (1) and (2), shall give priority consideration to vehicle age and mileage. ``(d) Grant Requirements.--The requirements of section 5307 apply to recipients of grants made under this section. ``(e) Eligible Recipients and Subrecipients.-- ``(1) Recipients.--Eligible recipients under this section are designated recipients that operate bus service or that allocate funding to bus operators. ``(2) Subrecipients.--A designated recipient that receives a grant under this section may allocate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation. ``(f) Government's Share of Costs.-- ``(1) Capital projects.--A grant for a capital project under this section shall be for 80 percent of the net capital costs of the project. A recipient of a grant under this section may provide additional local matching amounts. ``(2) Remaining costs.--The remainder of the net project cost shall be provided-- ``(A) in cash from non-Government sources other than revenues from providing public transportation services; ``(B) from revenues derived from the sale of advertising and concessions; ``(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; or ``(D) from amounts received under a service agreement with a State or local social service agency or private social service organization. ``(g) Period of Availability to Recipients.--Amounts made available to carry out this section may be obligated by a recipient for 3 fiscal years after the fiscal year in which the amount is appropriated. Not later than 30 days after the end of the 3-year period described in the preceding sentence, any amount that is not obligated on the last day of that period shall be added to the amount that may be appropriated to carry out this section in the next fiscal year. ``(h) Funding Limit.--Not more than 4 percent of the amounts made available under section 5338 to carry out this section for a fiscal year shall be made available to a single recipient. ``(i) Bus and Bus Facilities Formula Grants.-- ``(1) Rule of construction.--Nothing in this section shall be construed to prohibit a recipient from receiving a grant under section 5339 and a grant under this section. ``(2) Funding for formula grants.--Of the amounts made available under section 5338 to carry out this section for a fiscal year, $62,500,000 shall be available for the bus and bus facilities program under section 5339, of which $1,250,000 shall be apportioned to each State.''. (b) Funding.--Section 5338 of title 49, United States Code, is amended-- (1) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and (2) by inserting after subsection (i) the following: ``(j) Bus and Bus Facilities State of Good Repair Discretionary Grants.--There are authorized to be appropriated out of the Mass Transit Account of the Highway Trust Fund to carry out section 5341-- ``(1) $492,000,000 for fiscal year 2016; ``(2) $687,000,000 for fiscal year 2017; ``(3) $777,000,000 for fiscal year 2018; ``(4) $878,000,000 for fiscal year 2019; ``(5) $992,000,000 for fiscal year 2020; and ``(6) $1,389,000,000 fiscal year 2021.''. (c) Initial Grants.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall begin making grants under section 5341 of title 49, United States Code, as added by subsection (b). (d) Technical and Conforming Amendment.--The table of sections for chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``5341. Bus and bus facilities state of good repair discretionary grants.''.

This bill requires the Department of Transportation to make grants to assist eligible recipients in financing capital projects to maintain bus and bus facilities systems in a state of good repair, including projects to: (1) replace, rehabilitate, and purchase buses and related equipment; and (2) construct bus-related facilities. Eligible recipients are designated recipients that operate bus service or that allocate funding to bus operators. Grant recipients may: (1) allocate amounts to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation, and (2) obligate funds for three fiscal years after the fiscal year in which the amount is appropriated. The bill limits to 4% the percentage of funding made available for this Act in a fiscal year that may be provided to a single recipient.

A bill to establish a bus state of good repair program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating European Anti-Semitism Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) During the past decade, there has been a steady increase in anti-Semitic incidents in Europe, resulting in European Jews being the targets of physical and verbal harassment and even lethal terrorist attacks, all of which has eroded personal and communal security and the quality of daily Jewish life. (2) According to reporting by the European Union Agency for Fundamental Rights (FRA), between 2005 and 2014, anti-Semitic incidents increased in France from 508 to 851; in Germany from 60 to 173; in Belgium from 58 to 130; in Italy from 49 to 86; and in the United Kingdom from 459 to 1,168. (3) Anti-Zionism has at times devolved into anti-Semitic attacks, prompting condemnation from many European leaders, including French Prime Minister Manuel Valls, British Prime Minister David Cameron, and German Chancellor Angela Merkel. (4) Since 2010, the Department of State has adhered to the working definition of Anti-Semitism by the European Monitoring Center on Racism and Xenophobia (EUMC). Some contemporary examples of anti-Semitism include the following: (A) Calling for, aiding, or justifying the killing or harming of Jews (often in the name of a radical ideology or an extremist view of religion). (B) Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such, or the power of Jews as a collective, especially, but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government, or other societal institutions. (C) Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, the State of Israel, or even for acts committed by non-Jews. (D) Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust. (E) Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interest of their own countries. (5) On October 16, 2004, the President signed into law the Global Anti-Semitism Review Act of 2004 (Public Law 108-332). This law provides the legal foundation for a reporting requirement provided by the Department of State annually on anti-Semitism around the world. (6) In November 2015, the House of Representatives passed H. Res. 354 by a vote of 418-0, urging the Secretary of State to continue robust United States reporting on anti-Semitism by the Department of State and the Special Envoy to Combat and Monitor Anti-Semitism. (7) In 2016, the International Holocaust Remembrance Alliance (IHRA), comprised of 31 member countries, adopted a working definition of anti-Semitism which stated: ``Anti- Semitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of anti-Semitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities''. (8) The IHRA further clarified that manifestations of anti- Semitism might also target the State of Israel, conceived of as a Jewish collectivity. Anti-Semitism frequently charges Jews with conspiring to harm humanity, and it is often used to blame Jews for ``why things go wrong''. It is expressed in speech, writing, visual forms, and action, and employs sinister stereotypes and negative character traits. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is in the national interest of the United States to combat anti-Semitism at home and abroad; (2) anti-Semitism is a challenge to the basic principles of tolerance, pluralism, and democracy, and the shared values that bind Americans and Europeans together; (3) there is an urgent need to ensure the safety and security of European Jewish communities, including synagogues, schools, cemeteries, and other institutions; (4) the United States should continue to emphasize the importance of combating anti-Semitism in multilateral bodies, including the United Nations, European Union institutions, and the Organization for Security and Cooperation in Europe; (5) the Department of State should continue to thoroughly document acts of anti-Semitism and anti-Semitic incitement that occur around the world, and should continue to encourage other countries to do the same, and share their findings; and (6) the Department of State should continue to work to encourage adoption by national government institutions and multi-lateral institutions of a working definition of anti- Semitism similar to the one adopted in the International Holocaust Remembrance Alliance context. SEC. 4. ANNUAL REPORTING ON THE STATE OF ANTI-SEMITISM IN EUROPE. Paragraph (1) of section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412) is amended by adding at the end the following new subparagraph: ``(G) Anti-semitism in europe.--In addition to the information required under clause (iv) of subparagraph (A), with respect to each European country in which verbal or physical threats or attacks are particularly significant against Jewish persons, places of worship, schools, cemeteries, and other religious institutions, a description of-- ``(i) the security challenges and needs of European Jewish communities and European law enforcement agencies in such countries to better protect such communities; ``(ii) to the extent practicable, the efforts of the United States Government over the reporting period to partner with European law enforcement agencies and civil society groups regarding the sharing of information and best practices to combat anti-Semitic incidents in Europe; ``(iii) European educational programming and public awareness initiatives that aim to collaborate on educational curricula and campaigns that impart shared values of pluralism and tolerance, and showcase the positive contributions of Jews in culture, scholarship, science, and art, with special attention to those segments of the population that exhibit a high degree of anti-Semitic animus; and ``(iv) efforts by European governments to adopt and apply a working definition of anti- Semitism.''.

Combating European Anti-Semitism Act of 2016 This bill expresses the sense of Congress that: (1) it is in the U.S. national interest to combat anti-Semitism at home and abroad; (2) there is a need to ensure the security of European Jewish communities, including synagogues, schools, and cemeteries; and (3) the United States should continue to emphasize the importance of combating anti-Semitism in multilateral bodies. The International Religious Freedom Act of 1998 is amended to require the Department of State's Annual Report on International Religious Freedom to include, for each European country in which threats or attacks against Jewish persons, schools, and religious institutions are particularly significant, a description of: the security challenges and needs of European Jewish communities and European law enforcement agencies; U.S. efforts to partner with European law enforcement agencies and civil society groups to combat anti-Semitic incidents; educational programming and public awareness initiatives that impart values of pluralism and tolerance, showcase the positive contributions of Jews, and pay special attention to population segments that exhibit a high degree of anti-Semitic animus; and efforts by European governments to adopt and apply a working definition of anti-Semitism.

Combating European Anti-Semitism Act of 2016

S ON THE BUDGET. Section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632) is amended by adding at the end the following: ``(j) Means-Tested Welfare Spending.-- ``(1) In general.--The concurrent resolution on the budget for a fiscal year shall set forth the appropriate level for aggregate means-tested welfare spending for the first fiscal year of that concurrent resolution and for at least each of the 4 ensuing fiscal years beginning on the earlier of-- ``(A) the first fiscal year that begins after the date of enactment of this subsection and after any monthly rate of unemployment during the immediately preceding fiscal year is below 6 percent; or ``(B) fiscal year 2016. ``(2) Setting level.--The level described in paragraph (1) shall not exceed the aggregate level of Federal means-tested welfare spending for fiscal year 2007, adjusted for inflation as follows: ``(A) In fiscal year 2016, the sum of $825,000,000,000. ``(B) In fiscal year 2017, the sum of $750,000,000,000. ``(C) In fiscal year 2018 and in subsequent fiscal years, the aggregate level of Federal means-tested welfare spending for fiscal year 2007, adjusted for inflation as follows: ``(i) Means-tested welfare spending relating to medical assistance programs shall be adjusted for inflation according to the price index for personal consumption expenditures for health products and services as calculated by the Bureau of Economic Analysis. ``(ii) All other means-tested welfare spending shall be adjusted for inflation according to the weighted price index for personal consumption expenditures excluding health products and services as calculated by the Bureau of Economic Analysis.''. SEC. 304. ALLOCATIONS OF MEANS-TESTED WELFARE SPENDING. (a) In General.--Section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633) is amended by adding at the end the following: ``(h) Means-Tested Welfare Spending Limit.-- ``(1) Further division of amounts.--For any concurrent resolution on the budget in which levels for aggregate means- tested welfare spending are set forth under section 301(j), in the House of Representatives and the Senate, the amounts allocated under subsection (a) shall be further divided to establish an allocation of-- ``(A) total new budget authority and total outlays for discretionary means-tested welfare spending in appropriation measures for the first fiscal year of that concurrent resolution; and ``(B) total new budget authority and total outlays for mandatory means-tested welfare spending for the first fiscal year of that concurrent resolution and at least each of the ensuing 4 fiscal years to all other committees of the House of Representatives and the Senate that have jurisdiction over legislation providing mandatory means-tested welfare spending. ``(2) Point of order.-- ``(A) In general.--Except as provided in subparagraph (B), it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or amendment between the Houses if-- ``(i) the enactment of such bill or resolution as reported; ``(ii) the adoption and enactment of such amendment; ``(iii) the enactment of such bill or resolution in the form recommended in such conference report; or ``(iv) the enactment of such amendment between the Houses, would cause the applicable allocation of new budget authority or outlays made under subparagraph (A) or (B) of paragraph (1) for a fiscal year to be exceeded. ``(B) Exception.--The limits on the allocation of new budget authority or outlays made under subparagraph (A) or (B) of paragraph (1) shall not be in effect for a fiscal year if the average monthly unemployment rate in the preceding fiscal year exceeded 7.5 percent.''. (b) Conforming Amendment.--Section 302(b) of the Congressional Budget Act of 1974 is amended by striking ``under subsection (a)'' and inserting ``under subsections (a) and (h)''. SEC. 305. RECONCILIATION. Section 310(a) of the Congressional Budget Act of 1974 (2 U.S.C. 641(a)) is amended-- (1) in paragraph (3), by striking ``or'' at the end; (2) by redesignating paragraph (4) as paragraph (5); (3) by inserting after paragraph (3) the following: ``(4) specify the total amount by which new budget authority for such fiscal year for mandatory means-tested welfare spending contained in laws, bills, and resolutions within the jurisdiction of a committee is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount, which amount shall be the amount by which the Congressional Budget Office baseline level of spending for aggregate mandatory means-tested welfare programs exceeds the allocation made pursuant to section 302(h)(1)(B) for such fiscal year; and''; and (4) in paragraph (5), as so redesignated, by striking ``and (3)'' and inserting ``(3), and (4)''. TITLE IV--GRANTS TO PROMOTE SELF-SUFFICIENCY SEC. 401. GRANTS TO STATES. (a) Purpose.--The purpose of this title is to encourage States to develop policies to promote self-sufficiency and prosperity and to reduce poverty and Government dependence. (b) Grants.--The Social Security Act is amended by adding at the end the following: ``TITLE XXII--GRANTS TO STATES TO PROMOTE SELF-SUFFICIENCY AND PROSPERITY AND TO REDUCE DEPENDENCE ``SEC. 2201. GRANTS TO STATES. ``(a) In General.--The Secretary may provide grants to States to reward reductions in poverty and Government dependence and increases in self-sufficiency. ``(b) Allocation of Grants to States.--For each fiscal year for which funds are made available under subsection (e), the Secretary shall make a grant in an amount equal to $100,000,000 to each of the 3 States with the greatest percentage increases in the self-sufficiency ratio of the State for the preceding fiscal year over the self- sufficiency ratio of the State for fiscal year 2007, as compared with the changes in that ratio for each other State, subject to subsection (c). ``(c) Limitation on Eligibility for Grants.--A State shall not be eligible for a grant under this title for a fiscal year unless the self-sufficiency ratio of the State for the fiscal year is greater than the self-sufficiency ratio of the State for fiscal year 2007. ``(d) Definitions.--In this title: ``(1) The term `self-sufficient family' means a family (including a 1-person family) whose combined income, excluding receipt of means-tested welfare spending (as defined in section 3(11)(A) of the Congressional Budget and Impoundment Control Act of 1974), exceeds the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved). ``(2) The term `self-sufficiency ratio' means, with respect to a State and a fiscal year-- ``(A) the number of self-sufficient families residing in the State during the fiscal year that are headed by able-bodied individuals who have not attained 63 years of age; divided by ``(B) the total number of families residing in the State during the fiscal year that are headed by able- bodied individuals who have not attained 63 years of age. ``(3) The term `State' means the 50 States and the District of Columbia. ``(e) Limitations on Authorization of Appropriations.--For grants under this title, there are authorized to be appropriated to the Secretary $300,000,000 for fiscal year 2016 and each succeeding fiscal year.''. TITLE V--PROHIBITION ON FUNDING OF ABORTION SEC. 501. PROHIBITION ON FUNDING FOR ABORTIONS. No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. SEC. 502. PROHIBITION ON FUNDING FOR HEALTH BENEFITS PLANS THAT COVER ABORTION. None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. SEC. 503. PROHIBITION ON TAX BENEFITS RELATING TO ABORTION. For taxable years beginning after the date of the enactment of this section, no credit shall be allowed under the internal revenue laws with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion. SEC. 504. CONSTRUCTION RELATING TO SEPARATE COVERAGE. Nothing in this title shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. SEC. 505. CONSTRUCTION RELATING TO THE USE OF NON-FEDERAL FUNDS FOR HEALTH COVERAGE. Nothing in this title shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. SEC. 506. TREATMENT OF ABORTIONS RELATED TO RAPE, INCEST, OR PRESERVING THE LIFE OF THE MOTHER. The limitations established in this title shall not apply to an abortion-- (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.

Welfare Reform Act of 2014 - Amends the Food and Nutrition Act of 2008 to declare that it should be the purpose of the supplemental nutrition assistance program (SNAP, formerly the food stamp program) to increase employment, encourage healthy marriage, and promote prosperous self-sufficiency, which means the ability of households to maintain an income above the poverty level without services and benefits from the federal government. Declares that food or a food product shall be considered a food under such Act only if it is a bare essential (as determined by the Secretary of Agriculture [USDA]). Defines "able-bodied, work capable adult" and "physically or mentally incapable of work." Prescribes additional conditions of participation, denying SNAP eligibility, for instance, to any able-bodied, work-capable adult who: (1) refuses to register for employment or without good cause accept an offer of employment at a certain wage, (2) refuses without good cause to give a state agency sufficient information of his or her employment status or job availability, (3) voluntarily quits a job or reduces work effort below 30 hours a week unless another adult in the same family unit increases employment to make up the difference, or (4) is on strike because of a labor dispute other than a lockout. Revises SNAP eligibility requirements for students with dependent children. Denies SNAP eligibility to members of a program-eligible family required by the state agency to participate in work activation unless the relevant one or more adults in such family comply with the work activation standards. Terminates benefits for all family members for failure to participate in work activation during a given month. Prescribes work activation standards for a family unit with adult members required to participate in work activation. Gives states the option to require greater amounts of work activations for work capable family units. Requires each state participating in SNAP to carry out a work activation program whose goals are to: (1) encourage and assist able-bodied, work-capable adult SNAP recipients to obtain paid employment; (2) reduce dependence on government assistance; and (3) ensure that able-bodied, work-capable adult SNAP recipients make a contribution to society and the taxpayers in exchange for assistance received. Sets forth mandatory state work activation participation rates. Prescribes requirements for: (1) funding reductions as a penalty for inadequate state performance, (2) restoration in funding resulting from improved state performance, and (3) rewards to states for reducing government dependence. Amends the American Recovery and Reinvestment Act of 2009 to terminate its temporary increase in SNAP benefits. Requires the President's budget to include the total level of means-tested welfare spending by the federal government as well as the total by all states, local governments, and the federal government for the most recent year for which such data is available, and estimated levels for the fiscal year during which the budget submission is made. Amends the Congressional Budget Act of 1974 to define "means-tested welfare spending" and specifies the federal programs on which welfare spending shall be means-tested, and which federal programs shall not be. Requires reports to congressional budget committees and the concurrent resolution on the budget to include specified information with respect to means-tested welfare spending, and requires a point of order in both chambers of Congress if the means-tested welfare spending limit is to be exceeded. Amends the Social Security Act (SSA) to authorize the Secretary of Health and Human Services (HHS) to make grants to states to reward reductions in poverty and government dependence and increases in self-sufficiency. Restricts funding for health benefits coverage that includes abortion.

Welfare Reform Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Contraception Education Act''. SEC. 2. FINDINGS. Congress finds that-- (1) each year, 3,000,000 pregnancies, or one half of all pregnancies, in the United States are unintended, and half of all of these unintended pregnancies end in abortion; (2) the Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy, reducing the risk by as much as 89 percent; (3) the most commonly used forms of emergency contraception are regimens of ordinary birth control pills taken within 72 hours of unprotected intercourse or contraceptive failure; (4) emergency contraception, also known as post-coital contraception, is a responsible means of preventing pregnancy that works like other hormonal contraception to delay ovulation, prevent fertilization or prevent implantation; (5) emergency contraception does not cause abortion and will not affect an established pregnancy; (6) it is estimated that the use of emergency contraception could cut the number of unintended pregnancies in half, thereby reducing the need for abortion; (7) emergency contraceptive use is the United States remains low, and 9 in 10 women of reproductive age remain unaware of the method; (8) although the American College of Obstetricians and Gynecologists recommends that doctors routinely offer women of reproductive age a prescription for emergency contraceptive pills during their annual visit, only 1 in 5 ob/gyns routinely discuss emergency contraception with their patients, suggesting the need for greater provider and patient education; (9) in light of their safety and efficacy, both the American Medical Association and the American College of Obstetricians and Gynecologists have endorsed more widespread availability of emergency contraceptive pills, and have recommended that dedicated emergency contraceptive products be available without a prescription; (10) Healthy People 2010, published by the Office of the Surgeon General, establishes a 10-year national public health goal of increasing the proportion of health care providers who provide emergency contraception to their patients; and (11) public awareness campaigns targeting women and health care providers will help remove many of the barriers to emergency contraception and will help bring this important means of pregnancy prevention to American women. SEC. 3. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION PROGRAMS. (a) Definitions.--In this section: (1) Emergency contraception.--The term ``emergency contraception'' means a drug or device (as the terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) that is-- (A) used after sexual relations; and (B) prevents pregnancy, by preventing ovulation, fertilization of an egg, or implantation of an egg in a uterus. (2) Health care provider.--The term ``health care provider'' means an individual who is licensed or certified under State law to provide health care services and who is operating within the scope of such license. (3) Institution of higher education.--The term ``institution of higher education'' has the same meaning given such term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Emergency Contraception Public Education Program.-- (1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information on emergency contraception. (2) Dissemination.--The Secretary may disseminate information under paragraph (1) directly or through arrangements with nonprofit organizations, consumer groups, institutions of higher education, Federal, State, or local agencies, clinics and the media. (3) Information.--The information disseminated under paragraph (1) shall include, at a minimum, a description of emergency contraception, and an explanation of the use, safety, efficacy, and availability of such contraception. (c) Emergency Contraception Information Program for Health Care Providers.-- (1) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and in consultation with major medical and public health organizations, shall develop and disseminate to health care providers information on emergency contraception. (2) Information.--The information disseminated under paragraph (1) shall include, at a minimum-- (A) information describing the use, safety, efficacy and availability of emergency contraception; (B) a recommendation regarding the use of such contraception in appropriate cases; and (C) information explaining how to obtain copies of the information developed under subsection (b), for distribution to the patients of the providers. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2003 through 2007.

Emergency Contraception Education Act - Directs the Secretary of Health and Human Services acting through the Director of the Centers for Disease Control and Prevention (CDC) to develop and disseminate to the public information on emergency contraception.Requires that the Secretary, acting through the Administrator of the Health Resources and Services Administration, to develop and disseminate to health care providers information on emergency contraception.Requires that the information disseminated to health care providers include at a minimum: (1) information describing the use, safety, efficacy, and availability of emergency contraception; (2) a recommendation regarding its use in appropriate cases; and (3) information explaining how to obtain copies of information from the CDC.

A bill to establish a public education awareness program relating to emergency contraception.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Military Supplemental Procedures Act''. SEC. 2. EXPEDITED CONGRESSIONAL CONSIDERATION OF CERTAIN DEFENSE SUPPLEMENTAL APPROPRIATIONS BILLS. (a) Qualifying Bill.--This section applies with respect to a qualifying defense supplemental appropriations bill. For purposes of this section, the term ``qualifying defense supplemental appropriations bill'' means a bill that states that the purpose of the bill is to meet critical national security needs and that otherwise only makes supplemental appropriations for any fiscal year for one or more of the following purposes: (1) Operation and maintenance for the Department of Defense. (2) Military personnel for the Department of Defense. (3) Procurement of ammunition for the Department of Defense. (4) Procurement for the Department of Defense (other than ammunition) to replace a loss or expenditure of material. (5) Defense Health Program. (6) Military construction to repair or replace structures damaged or destroyed by natural disaster. (7) Operating expenses of the Coast Guard. (b) Consideration in the House of Representatives.--A motion in the House of Representatives to resolve into the Committee of the Whole House on the State of the Union for consideration of a qualifying defense supplemental appropriations bill reported from the Committee on Appropriations shall be decided without intervening motion. A motion to reconsider the vote to resolve into the Committee of the Whole is not in order. Consideration of the bill in the Committee of the Whole may not extend for a period in excess of 10 hours. When the Committee on the Whole rises and reports the bill to the House, the previous question shall be considered as ordered on the bill to final passage without intervening motion except one motion to recommit with or without instructions. A motion to reconsider the vote by which the bill is passed is not in order. (c) Consideration in Senate.--(1)(A) A qualifying defense supplemental appropriations bill shall be considered in the Senate in accordance with the provisions of this subsection. (B) Such a bill received in the Senate from the House of Representatives shall be held at the desk in the Senate and may be considered in the Senate only in accordance with subsection (d). Such a bill introduced in the Senate shall be referred to the Committee on Appropriations of the Senate. (2) If after a period of 10 legislative days after the date of referral to it of a qualifying defense supplemental appropriations bill the Committee on Appropriations of the Senate has not reported the bill, that committee shall be discharged from further consideration of the bill and the bill shall be placed on the appropriate calendar. (3) On or after the third legislative day after the date on which the Committee on Appropriations has reported, or has been discharged (under paragraph (2)) from further consideration of, a qualifying defense supplemental appropriations bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the bill. A Member may make the motion only on the day after the calendar day on which the Member announces to the Senate the Member's intention to make the motion. The motion is privileged and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to is not in order. If a motion to proceed to the consideration of the bill is agreed to, the Senate shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the Senate until disposed of. (4) Debate on the bill, and on all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than a total of 10 hours, which shall be divided equally between those favoring and those opposing the bill. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. (5) Debate on any amendment to the bill shall be limited to two hours, to be equally divided between, and controlled by, the mover and the manager of the bill, and debate on any amendment to an amendment, debatable motion, or appeal shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of the bill shall be received. (6) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed three, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the bill. (7) Immediately following the conclusion of the debate on the bill and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on advancing the bill to third reading shall occur. (8) A motion to reconsider the vote by which third reading of the bill is agreed to or disagreed to is not in order. (9) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a qualifying defense supplemental appropriations bill shall be decided without debate. (d) Action in Senate on Measure From House.--If, upon the ordering of the third reading of a qualifying defense supplemental appropriations bill in the Senate the Senate has received from the House of Representatives a qualifying defense supplemental appropriations bill that is being held at the desk pursuant to subsection (c)(1) or, if not, then upon the receipt from the House of Representatives of a qualifying defense supplemental appropriations bill, the following procedures shall apply: (1) if the bill received from the House of Representatives is identical to the bill as advanced to third reading by the Senate, the vote on final passage shall be on the bill of the House of Representatives; and (2) if the bill received from the House is not identical to the bill as advanced to third reading by the Senate-- (A) the bill received from the House shall be considered as amended with the text and title (if different) of the bill of the Senate; (B) the vote on final passage shall be on the bill of the House of Representatives as so amended; and (C) a motion shall be in order to insist on the amendment or amendments of the Senate and to request a conference with the House of Representatives on the disagreeing votes of the two Houses thereon. (e) Action in House on Request for Conference from the Senate.-- Upon receiving from the Senate a message that the Senate has passed with an amendment or amendments a qualifying defense supplemental appropriations bill and that the Senate insists upon its amendment or amendments and requests a conference of the two Houses on the disagreeing votes thereon, the House of Representatives shall be considered to have disagreed to the amendment or amendments of the Senate and agreed to the conference requested by the Senate. (f) Limitation Pending Conclusion of Conference.--After a conference on the disagreeing votes of the two Houses on a qualifying defense supplemental appropriations bill has been agreed to under subsection (e), it shall not be in order in the Senate or the House of Representatives to consider a motion to adjourn that House for a period of more than three days until the committee of conference has filed its report. (g) Senate Action on Conference Reports, etc.--(1) A motion in the Senate to proceed to the consideration of a conference report on a qualifying defense supplemental appropriations bill may be made even though a previous motion to the same effect has been disagreed to. (2) During the consideration in the Senate of the conference report (or a message from the House) on qualifying defense supplemental appropriations bill, and all amendments in disagreement, and all amendments thereto, and debatable motions and appeals in connection therewith, debate shall be limited to five hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report (or a message between Houses) shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the conference report (or a message from the House). (3) Should the conference report be defeated in the Senate, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to one-half hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between and controlled by the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee. (4) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received. (h) Legislative Day Defined.--For the purposes of this section, with respect to either House of Congress, a legislative day is a calendar day on which that House is in session. (i) Section Enacted as Exercise of Rulemaking Power of the Two Houses.--The provisions of this section are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and, as such, shall be considered as part of the rules of either House and shall supersede other rules only to the extent they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedures 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.

Emergency Military Supplemental Procedures Act - Provides for the expedited congressional consideration of any defense supplemental appropriations bill to meet critical national security needs for: (1) Department of Defense operation and maintenance, military personnel, ammunition procurement, or procurement to replace a loss or expenditure of material; (2) the Defense Health Program; (3) military construction to repair or replace structures damaged or destroyed by natural disaster; or (4) Coast Guard operating expenses.

To provide for expedited consideration by Congress of supplemental appropriations bills for the Department of Defense and the Coast Guard to meet critical national security needs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Staffing for Adequate Fire and Emergency Response Firefighters Act of 2002''. SEC. 2. PURPOSE. The purpose of this Act is to substantially increase the number of firefighters so that communities can meet industry minimum standards to provide adequate protection from acts of terrorism and hazards by establishing a program of grants to provide direct funding to local, State and tribal jurisdictions for salaries and benefits to further this objective, including an authorization for a period of 7 years. SEC. 3. OFFICE OF GRANT MANAGEMENT. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following new section: ``SEC. 34. OFFICE OF GRANT MANAGEMENT. ``(a) Establishment.--A new office within the United States Fire Administration shall be established to administer the SAFER Firefighter grant program under this section. ``(b) Authority To Make Grants.-- ``(1) The Administrator may make grants to States, units of local government, Indian tribal governments, other public entities, and multijurisdictional or regional consortia thereof to increase career firefighter presence and enhance their ability to save lives, property, and effectively respond to all types of emergencies. ``(2)(A) Grants made under paragraph (1) shall be for three years and used for programs to hire new, additional career firefighters. ``(B) Grantees are required to commit to retaining for at least 1 year beyond the termination of their grants those career firefighters hired under paragraph (1). ``(3) In awarding grants under this section, the Administrator may give preferential consideration, where feasible, to applications for hiring and rehiring additional career firefighters that involve a non-Federal contribution exceeding the 25 percent minimum under paragraph (6). ``(4) The Administrator may provide technical assistance to States, units of local government, Indian tribal governments, and to other public entities, in furtherance of the purposes of the SAFER Firefighter Act of 2002. ``(5) Unless all applications submitted by any State and grantee within the State pursuant to paragraph (1) have been funded, each qualifying State, together with grantees within the State, shall receive in each fiscal year pursuant to paragraph (1) not less than 0.5 percent of the total amount appropriated in the fiscal year for grants pursuant to that paragraph. In this paragraph, `qualifying State' means any State which has submitted an application for a grant, or in which an eligible entity has submitted an application for a grant, which meets the requirements prescribed by the Administrator and the condition set out in this section. ``(6) The portion of the costs of a program, project, or activity provided by a grant under paragraph (1) may not exceed 75 percent, unless the Administrator waives, wholly or in part, the requirement under this paragraph of a non-Federal contribution to the costs of a program, project, or activity. ``(7) The authority under paragraph (1) of this section to make grants for the hiring of additional career firefighters shall lapse at the conclusion of 10 years from the date of enactment of this section. Prior to the expiration of this grant authority, the Administrator shall submit a report to Congress concerning the experience with and effects of such grants. The report may include any recommendations the Administrator may have for amendments to this section and related provisions of law in light of the termination of the authority to make grants for the hiring and rehiring of additional career firefighters. ``(c) Applications.-- ``(1) No grant may be made under this section unless an application has been submitted to, and approved by, the Administrator. ``(2) An application for a grant under this section shall be submitted in such form, and contain such information, as the Administrator may prescribe by regulation or guidelines. ``(3) In accordance with the regulations or guidelines established by the Administrator, each application for a grant under this section shall-- ``(A) include a long-term strategy and detailed implementation plan that reflects consultation with community groups and appropriate private and public agencies and reflects consideration of the statewide strategy; ``(B) explain the applicant's inability to address the need without Federal assistance; ``(C) outline the initial and ongoing level of community support for implementing the proposal including financial and in-kind contributions or other tangible commitments; ``(D) specify plans for obtaining necessary support and continuing the proposed program, project, or activity following the conclusion of Federal support; and ``(E) provide assurances that the applicant will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase their ranks within firefighting. ``(4) Notwithstanding any other provision of this section, in relation to applications under this section of units of local government or fire districts having jurisdiction over areas with populations of less than 50,000, the Administrator may waive 1 or more of the requirements of paragraph (3) and may otherwise make special provisions to facilitate the expedited submission, processing, and approval of such applications. ``(d) Limitation on Use of Funds.-- ``(1) Funds made available under this section to States or units of local government for salaries and benefits to hire new, additional career firefighters shall not be used to supplant State or local funds, or, in the case of Indian tribal governments, funds supplied by the Bureau of Indian Affairs, but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this section, be made available from State or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs. ``(2)(A) States and units of local government may use assets received through the Assets Forfeiture equitable sharing program to provide the non-Federal share of the cost of programs, projects, and activities funded under this section. ``(B) Funds appropriated by the Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing firefighting functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this section. ``(3)(A) Funding provided for hiring a career firefighter may not exceed $90,000, unless the Administrator grants a waiver from this limitation. ``(B) $90,000 cap shall be adjusted for inflation beginning in fiscal year 2003. ``(e) Performance Evaluation.-- ``(1) Each program, project, or activity funded under this section shall contain a monitoring component, developed pursuant to guidelines established by the Administrator. The monitoring required by this subsection shall include systematic identification and collection of data about activities, accomplishments, and programs throughout the life of the program, project, or activity and presentation of such data in a usable form. ``(2) Selected grant recipients shall be evaluated on the local level or as part of a national evaluation, pursuant to guidelines established by the Administrator. Such evaluations may include assessments of individual program implementations. In selected jurisdictions that are able to support outcome evaluations, the effectiveness of funded programs, projects, and activities may be required. ``(3) The Administrator may require a grant recipient to submit to the Administrator the results of the monitoring and evaluations required under paragraphs (1) and (2) and such other data and information as the Administrator deems reasonably necessary. ``(f) Revocation or Suspension of Funding.--If the Administrator determines, as a result of the reviews required by subsection (e), or otherwise, that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application submitted under subsection (c), the Administrator may revoke or suspend funding of that grant, in whole or in part. ``(g) Access to Documents.-- ``(1) The Administrator shall have access for the purpose of audit and examination to any pertinent books, documents, papers, or records of a grant recipient under this section and to the pertinent books, documents, papers, or records of State and local governments, persons, businesses, and other entities that are involved in programs, projects, or activities for which assistance is provided under this section. ``(2) Paragraph (1) shall apply with respect to audits and examinations conducted by the Comptroller General of the United States or by an authorized representative of the Comptroller General. ``(h) General Regulatory Authority.--The Administrator may promulgate regulations and guidelines to carry out this section. ``(i) Definitions.--In this section-- ``(1) `firefighter' has the same meaning as the phrase `employee in fire protection activities' which is defined in section 3 of the Fair Labor Standards Act (29 U.S.C. 203(y)); and ``(2) `Indian tribe' means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(j) Authorization of Appropriations.-- ``There are authorized to be appropriated for the purposes of carrying out this section-- ``(1) $1,000,000,000 for fiscal year 2002;- ``(2) $1,030,000,000 for fiscal year 2003; ``(3) $1,061,000,000 for fiscal year 2004; ``(4) $1,093,000,000 for fiscal year 2005; ``(5) $1,126,000,000 for fiscal year 2006; ``(6) $1,159,000,000 for fiscal year 2008; and ``(7) $1,194,000,000 for fiscal year 2009.''.

Staffing for Adequate Fire and Emergency Response Firefighters Act of 2002 - Amends the Federal Fire Prevention and Control Act of 1974 to require the establishment of a new office within the United States Fire Administration to administer the Staffing for Adequate Fire and Emergency Response (SAFER) Firefighter grant program under this Act.Authorizes the U.S. Fire Administrator to make grants to States, local governments, Indian tribal governments, other public entities, and multijurisdictional or regional consortia thereof to increase career firefighter presence and enhance their ability to save lives, property, and effectively respond to all types of emergencies.Limits such grants to three years and their use for programs to hire new, additional career firefighters. Requires grantees to commit to retaining such career firefighters for at least one year beyond the termination of their grants.

To establish the SAFER Firefighter Grant Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Advancement Act of 2011''. SEC. 2. REPEAL OF DAIRY PRODUCT PRICE SUPPORT PROGRAM. Section 1501 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8771) is repealed. SEC. 3. LIVESTOCK GROSS MARGIN INSURANCE FOR DAIRY. Subtitle E of title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8771 et seq.) is amended by adding at the end the following: ``SEC. 1511. LIVESTOCK GROSS MARGIN INSURANCE FOR DAIRY. ``(a) In General.--As an alternative to receiving milk income loss contract program payments under section 1506, the Secretary shall give the producers on a dairy farm an opportunity to make an irrevocable election to instead receive livestock gross margin insurance for dairy and receive a subsidy from the Secretary for an insurance policy that provides the producers on the dairy farm protection against the loss of gross margin (the market value of milk minus feed costs) for specified portions of milk produced by dairy cows of the producers, for the initial month for which the election is made through September 30, 2012. ``(b) Subsidy.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall provide to the dairy producers on a farm under this section a subsidy at the $1.50-deductible level for not more than 3,000,000 pounds of milk for each year. ``(2) Producer options.--The producers on a dairy farm may, at the expense of the producers, reduce the deductible level or increase the quantity of covered pounds for a subsidy provided under this section.''. SEC. 4. FEDERAL MILK MARKETING ORDERS. (a) 2-Class System for Classifying Milk.-- (1) In general.--Not later than September 30, 2014, the Secretary of Agriculture shall establish a 2-class system for classifying milk under Federal milk marketing orders issued under section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, consisting of a fluid milk class and a manufacturing milk class (with the price for both classes determined using the component prices of butterfat, protein, and other solids). (2) Amendment to orders.-- (A) In general.--The Secretary shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes the text of proposed amendments to the Federal milk marketing orders to implement the 2-class system for classifying milk. (B) Effective date.--The proposed amendments described in subparagraph (A) shall take effect not earlier than the date that is 180 days after the date on which the report is submitted under that subparagraph. (b) Deadline for Issuance of Orders.--Section 8c(4) of the Agricultural Adjustment Act (7 U.S.C. 608c(4)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by striking ``After'' and inserting ``Not later than 30 days after''. (c) Economic Impact Assessment.--The Secretary of Agriculture shall-- (1) carry out a review of the milk-feed margin during the 1-year period ending on the date of enactment of this Act; and (2) not later than September 30, 2013, and each time a proposed change in the Federal milk marketing order formulas is considered by the Secretary-- (A) assess the economic impact, over a 1- and 2- year period, of proposed changes in Federal milk marketing order formulas on-- (i) milk supply; (ii) farm profitability; (iii) consumer demand; and (iv) market prices; (B) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the assessment; and (C) consider, and include in the record, the results of the assessment before making a decision on any proposed change to the Federal milk marketing order formulas. SEC. 5. DAIRY PROCESSING EQUIPMENT LOAN GUARANTEE FUND. (a) Loans.--Section 310B(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(a)) is amended-- (1) by striking the section heading and inserting the following: ``SEC. 310B. RURAL INDUSTRIALIZATION ASSISTANCE.''; and (2) in paragraph (2)-- (A) in subparagraph (C), by striking ``and'' after the semicolon; (B) in subparagraph (D)-- (i) by striking ``to facilitate'' and inserting ``facilitating''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) providing processors of dairy products with incentives for investing in new equipment and technologies by using not more than $15,000,000 each fiscal year to-- ``(i) make loans to dairy processors and cooperatives to cover not more than 50 percent of the cost of acquisition and adoption of new equipment, equipment upgrades, and new technologies-- ``(I) at a fixed rate of interest not to exceed the prime lending rate plus 1 percent; and ``(II) with a term of not to exceed 15 years; and ``(ii) guarantee loans made to dairy processors and cooperatives for the acquisition and adoption of new dairy equipment, equipment upgrades, and new technologies, at a guarantee rate of not more than 90 percent.''. (b) Lending Power for Dairy Processing Cooperatives.--Section 3.7 of the Farm Credit Act of 1971 (12 U.S.C. 2128) is amended by adding at the end the following: ``(g) Dairy Processing Cooperatives.-- ``(1) In general.--A bank for cooperatives may use not more than $15,000,000 each fiscal year to provide dairy processing cooperatives with working capital lines of credit and accounts receivable financing for the purpose of accessing export marketing opportunities for milk and milk products. ``(2) Limitations.--Financing provided by a bank for cooperatives for a project under paragraph (1) may not exceed the lesser of-- ``(A) $1,000,000; or ``(B) 75 percent of the costs of carrying out the project. ``(3) Term.-- ``(A) In general.--Except as provided in subparagraph (B), the term of a line of credit described in paragraph (1) shall not exceed 2 years. ``(B) Revolving lines of credit.--A revolving line of credit may be used for multiple transactions. ``(4) Due date.--An accounts receivable financing loan under this subsection shall be due on the earlier of-- ``(A) the date on which the receivable is paid; or ``(B) 180 days after the date of disbursement. ``(5) Use of financing.-- ``(A) Working capital line of credit financing.-- Working capital line of credit financing under this subsection may be used-- ``(i) to acquire inventory for the production of milk products; ``(ii) to pay direct and indirect costs (such as design, engineering, labor, and overhead costs) used for-- ``(I) the manufacture or purchase of goods, including work-in-process, for the production of milk products; or ``(II) the provision of services for the production of milk products; or ``(iii) to support standby letters of credit used as bid bonds, performance bonds, or payment guarantees. ``(B) Accounts receivable financing.--Accounts receivable financing under this subsection may be used to finance export accounts receivables for milk and milk products sold on payment terms of not more than 180 days after the date of arrival at the port of importation, if the finance export accounts receivable have been insured by the Commodity Credit Corporation or other guarantor approved by the Secretary.''. SEC. 6. MANDATORY REPORTING OF DAIRY COMMODITIES. (a) Definitions.--Section 272 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637a) is amended to read as follows: ``SEC. 272. DEFINITIONS. ``In this subtitle: ``(1) Dairy commodity.-- ``(A) In general.--The term `dairy commodity' means a product manufactured from milk or a milk-derived ingredient. ``(B) Inclusions.--The term `dairy commodity' includes-- ``(i) fluid milk; ``(ii) cheese; ``(iii) butter; ``(iv) nonfat dry milk; ``(v) skim milk; ``(vi) whey products; ``(vii) dry proteins (such as a milk protein concentrate, casein, and a caseinate); ``(viii) a lactose product; and ``(ix) a fresh dairy product (such as yogurt and ice cream). ``(2) Dairy processor.--The term `dairy processor' means a person or legal entity that commercially processes a monthly average of at least 250,000 pounds of milk into cheese, butter, fresh dairy products, nonfat dry milk, or other dairy solids. ``(3) Secretary.--The term `Secretary' means the Secretary of Agriculture.''. (b) Mandatory Reporting.--Section 273 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b) is amended-- (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (2) by striking subsections (a) and (b) and inserting the following: ``(a) Daily Reporting.-- ``(1) In general.--The corporate officers or officially designated representatives of each dairy processor shall report to the Secretary at least once each reporting day, not later than 10:00 a.m. Central Time, for each sales transaction involving a dairy commodity, information concerning-- ``(A) the sales price; ``(B) the quantity sold; ``(C) the location of the sales transaction; and ``(D) product characteristics, including-- ``(i) moisture level; ``(ii) packaging size; ``(iii) grade; ``(iv) if appropriate, fat or protein level; ``(v) heat level for dried products; and ``(vi) other defining product characteristics. ``(2) Publication.--The Secretary shall make the information reported under paragraph (1) available to the public not less frequently than once each reporting day, categorized by location and product characteristics. ``(b) Weekly Reporting.-- ``(1) In general.--The corporate officers or officially designated representatives of each dairy processor shall report to the Secretary, on the first reporting day of each week, not later than 9:00 a.m. Central Time, for the prior week information concerning-- ``(A) the sales prices for sales transactions involving dairy commodities, categorized by product characteristics; and ``(B) the quantities of dairy commodities sold. ``(2) Publication.--The Secretary shall make the information reported under paragraph (1) available to the public on the first reporting day of the each week, not later than 10:00 a.m. Central Time, categorized by location and product characteristics. ``(3) Federal order prices.--The Secretary shall use weekly prices published under paragraph (2) to calculate Federal milk marketing order prices. ``(c) Monthly Reporting.-- ``(1) In general.--The corporate officers or officially designated representatives of each dairy processor shall report to the Secretary, on the first reporting day of each month, not later than 9:00 a.m. Central Time, the quantity of all dairy commodities processed by the dairy processor during the prior month. ``(2) Publication.--The Secretary shall make the information reported under paragraph (1) available to the public on the first reporting day of the each month, not later than 10:00 a.m. Central Time, categorized by location and product characteristics.''; and (3) in subsection (d) (as redesignated by paragraph (2))-- (A) in paragraph (3), by adding at the end the following: ``(C) Cold storage survey.-- ``(i) In general.--For purposes of the cold storage survey of the National Agricultural Statistics Service, each facility storing dairy products shall report to the Secretary each month information on the quantity of dairy products stored. ``(ii) Audit.--Subject to the availability of appropriations, the Secretary shall take such measures as are necessary to audit the survey described in clause (i) and ensure compliance with the reporting requirement. ``(D) Dairy products survey.-- ``(i) In general.--For purposes of the dairy products survey of the National Agricultural Statistics Service, each manufacturer storing dairy products shall report to the Secretary each month information on the quantity of dairy products stored. ``(ii) Audit.--The Secretary shall take such measures as are necessary to audit the survey described in clause (i) and ensure compliance with the reporting requirement.''; and (B) by adding at the end the following ``(7) Survey products.--In carrying out this section, the Secretary shall require each manufacturer and other appropriate person to report to the Secretary, at a periodic interval determined by the Secretary, information on the products in the cold storage survey and the dairy products survey of the National Agricultural Statistics Service. ``(8) Exemption.--The Secretary may exempt from all reporting requirements under this section any manufacturer or facility that stores less than an average of 10,000 pounds monthly on an annual basis. ``(9) Collection and publication of data.--The Secretary shall collect and publish data on actual milk prices paid by dairy processors.''. SEC. 7. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Dairy Advancement Act of 2011 - Amends the Food, Conservation, and Energy Act of 2008 to repeal the dairy product price support program. Directs the Secretary of Agriculture (USDA) to permit dairy producers, as an alternative to receiving milk income loss contract program payments, to receive livestock gross margin insurance that protects against the loss of gross margin (milk market value minus feed costs) for the initial election month through September 30, 2012. Provides for a limited subsidy. Directs the Secretary to establish a two-class system (fluid and manufacturing milk classes) for classifying milk under federal milk marketing orders. Amends the Consolidated Farm and Rural Development Act to authorize loans and loan guarantees to provide dairy producers with incentives to invest in new equipment and technologies. Amends the Farm Credit Act to authorize banks for cooperatives to provide dairy processing cooperatives with lines of credit and accounts receivable financing to develop export opportunities for milk and milk products. Amends the Agricultural Marketing Act of 1946 to revise dairy product/commodity reporting provisions.

A bill to amend the Food, Conservation, and Energy Act of 2008 to promote growth and opportunity for the dairy industry in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park System Advisory Board Reauthorization Act of 2006''. SEC. 2. NATIONAL PARK SYSTEM ADVISORY BOARD. Section 3 of the Act of August 21, 1935 (16 U.S.C. 463), is amended-- (1) by striking ``sec. 3'' and inserting the following: ``SEC. 3. NATIONAL PARK SYSTEM ADVISORY BOARD.''; (2) in subsection (a)-- (A) by striking ``(a) There is hereby established'' and inserting the following: ``(a) Establishment.-- ``(1) In general.--There is established''; (B) in the second sentence, by striking ``The Board shall advise'' and inserting the following: ``(2) Purpose.--The Board shall advise''; (C) in the third sentence, by striking ``Members of the Board'' and inserting the following: ``(3) Term; appointment.--Members of the Board''; (D) by striking the fourth through ninth sentences and inserting the following: ``(4) Membership.-- ``(A) In general.--The Board shall be comprised of not more than 12 members, appointed from among citizens of the United States with a demonstrated commitment to the mission of the National Park Service, of whom-- ``(i) at least 4 members shall have outstanding expertise in 1 or more of the fields of history, archeology, anthropology, historical or landscape architecture, biology, ecology, geology, marine science, or social science; ``(ii) 3 members shall have outstanding expertise and prior experience in-- ``(I) the management of National or State parks or protected areas; or ``(II) natural or cultural resources management; ``(iii) 3 members shall have outstanding expertise in any other professional or scientific discipline important to the mission of the National Park Service, such as financial management, travel and tourism management, recreational use management, concessions management, and land use planning or business management; ``(iv) at least 1 member shall have expertise in, and appreciation for, the historic recreational opportunities within units of the National Park System; and ``(v) at least 1 member shall be a locally elected official from an area adjacent or within close proximity to a unit of the National Park System. ``(B) Geographic representation.--Board members appointed under subparagraph (A) shall be selected to represent various geographic regions, including each of the administrative regions of the National Park Service.''; (E) in the tenth sentence, by striking ``The Board shall hold'' and inserting the following: ``(5) Meetings.--The Board shall hold''; (F) in the eleventh sentence, by striking ``Any vacancy'' and inserting the following: ``(6) Vacancies.--Any vacancy''; (G) in the twelfth sentence, by striking ``The Board may adopt'' and inserting the following: ``(7) Procedures.--The Board may adopt''; (H) in the thirteenth sentence, by striking ``All members'' and inserting the following: ``(8) Compensation.-- ``(A) Travel expenses.--All members''; (I) in the fourteenth sentence, by striking ``With the exception of travel and per diem as noted above'' and inserting the following: ``(B) No additional compensation.--Except as provided in subparagraph (A)''; (J) in the fifteenth sentence, by striking ``It shall be the duty of such board'' and inserting the following: ``(9) Duties.-- ``(A) In general.--It shall be the duty of the Board''; (K) in the sixteenth sentence, by striking ``Such board shall also'' and inserting the following: ``(B) Recommendations.--The Board shall''; and (L) in the seventeenth sentence, by striking ``Such board is'' and inserting the following: ``(C) Consultation.--The Board is''; (3) in subsection (b)-- (A) by striking ``(1)'' and inserting ``Advisory Board Staff.--''; and (B) by striking paragraph (2); and (4) in subsection (f), by striking ``2007'' and inserting ``2016''. SEC. 3. TECHNICAL AMENDMENTS. The Act of August 21, 1935 (16 U.S.C. 461 et seq.), is amended-- (1) in section 3(c)(1)(D) by striking ``arrangements.'' and inserting ``arrangements,''; and (2) in the first undesignated subsection of section 4, by inserting ``(a)'' before ``The Secretary''.

National Park System Advisory Board Reauthorization Act of 2006 - Modifies provisions concerning the membership of the National Park System Advisory Board. Extends the authorization for the Board to January 1, 2016.

A bill to amend the Act of August 21, 1935, to extend the authorization for the National Park System Advisory Board, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Solar Uniting Neighborhoods (SUN) Act of 2011''. SEC. 2. CLARIFICATION WITH RESPECT TO LOCATION OF SOLAR ELECTRIC PROPERTY. (a) In General.--Paragraph (2) of section 25D(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Qualified solar electric property expenditure.-- ``(A) In general.--The term `qualified solar electric property expenditure' means an expenditure for property which uses solar energy to generate electricity-- ``(i) for use in a dwelling unit located in the United States and used as a residence by the taxpayer, or ``(ii) which enters the electrical grid at any point which is not more than 50 miles from the point at which such a dwelling unit used as a residence by the taxpayer is connected to such grid, but only if such property is not used in a trade or business of the taxpayer or in an activity with respect to which a deduction is allowed to the taxpayer under section 162 or paragraph (1) or (2) of section 212. ``(B) Recapture.--The Secretary may provide for the recapture of the credit under this subsection with respect to any property described in clause (ii) of subparagraph (A) which ceases to satisfy the requirements of such clause.''. (b) Limitation With Respect to Off-Site Solar Property.--Subsection (b) of section 25D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Maximum credit for off-site solar property.--In the case of any qualified solar electric property expenditure which is such an expenditure by reason of clause (ii) of subsection (d)(2)(A), the credit allowed under subsection (a) (determined without regard to subsection (c)) for any taxable year with respect to all such expenditures shall not exceed $50,000.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. CLARIFICATION WITH RESPECT TO LOCATION OF SOLAR WATER HEATING PROPERTY. (a) In General.--Section 25D(d)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``The term'' and inserting the following: ``(A) In general.--The term'', and (2) by adding at the end the following new subparagraph: ``(B) Off-site property.-- ``(i) In general.--Such term shall include an expenditure for property described in subparagraph (A) notwithstanding-- ``(I) whether such property is located on the same site as the dwelling unit for which the energy generated from such property is used, and ``(II) whether the energy generated by such property displaces the energy used to heat the water load or space heating load for the dwelling, so long as any such displacement from such property occurs not more than 50 miles from such dwelling unit, but only if such property is not used in a trade or business of the taxpayer or in an activity with respect to which a deduction is allowed to the taxpayer under section 162 or paragraph (1) or (2) of section 212. ``(ii) Recapture.--The Secretary may provide for the recapture of the credit under this subsection with respect to any property described in clause (i) which ceases to satisfy the requirements of such clause.''. (b) Limitation With Respect to Off-Site Solar Property.--Paragraph (3) of section 25D(b) of the Internal Revenue Code of 1986, as added by section 2, is amended to read as follows: ``(3) Maximum credit for off-site solar property.--In the case of-- ``(A) any qualified solar electric property expenditure which is such an expenditure by reason of clause (ii) of subsection (d)(2)(A), and ``(B) any qualified solar water heating property expenditure which is such an expenditure by reason of subparagraph (B) of subsection (d)(1), the credit allowed under subsection (a) (determined without regard to subsection (c)) for any taxable year with respect to all such expenditures shall not exceed $50,000.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. EXCLUSION OF INCOME FROM QUALIFYING SALES. (a) In General.--Part III of subchapter B of chapter 1 is amended by inserting before section 140 the following new section: ``SEC. 139F. INCOME FROM QUALIFYING SALES OF SOLAR ELECTRICITY. ``For any taxable year, gross income of any person shall not include any gain from the sale or exchange to the electrical grid during such taxable year of electricity which is generated by property with respect to which any qualified solar electric property expenditures are eligible to be taken into account under section 25D, but only to the extent such gain does not exceed the value of the electricity used at such residence during such taxable year.''. (b) Technical Amendment.--The Internal Revenue Code of 1986 is amended by redesignating the section added to such Code by section 10108(f) of the Patient Protection and Affordable Care Act as section 139E, and by locating such section immediately after section 139D of such Code (as added by section 9021(a) of such Act) and immediately before section 139F of such Code (as added by this section). (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking all that follows after the item relating to section 139C and inserting the following items: ``Sec. 139D. Indian health care benefits. ``Sec. 139E. Free choice vouchers. ``Sec. 139F. Income from qualifying sales of solar electricity. ``Sec. 140. Cross references to other Acts.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Solar Uniting Neighborhoods (SUN) Act of 2011 - Amends the Internal Revenue Code to: (1) expand the definitions of "qualified solar electric property expenditure" and "qualified solar water heating property expenditure" to allow a residential energy efficient property tax credit for solar energy property which is either installed in a taxpayer's residence or is located within 50 miles of such residence; and (2) exclude from gross income, for income tax purposes, gain from the sale or exchange of electricity generated by solar energy property eligible for such tax credit.

A bill to amend the Internal Revenue Code of 1986 to provide that solar energy property need not be located on the property with respect to which it is generating electricity in order to qualify for the residential energy efficient property credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fueling the U.S.A. Through Unlimited Reliable Energy (FUTURE) Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) Economic prosperity is closely linked to an affordable and ample energy supply. (2) Environmental quality is closely linked to energy production and use. (3) Population, worldwide economic development, energy consumption, and stress on the environment are all expected to increase substantially in the coming decades. (4) The few energy options with the potential to meet economic and environmental needs for the long-term future should be pursued aggressively now, as part of a balanced national energy plan. (5) Fusion energy is an attractive long-term energy source due to a virtually inexhaustible supply of fuel available to all nations, its potential as a large base-load electric and hydrogen energy source requiring relatively little land mass, and its inherent safety and promise of minimal environmental impact. (6) The National Research Council, the President's Committee of Advisors on Science and Technology, and the Secretary of Energy Advisory Board have each reviewed the Fusion Energy Sciences Program and each strongly supports the fundamental science and creative innovation of the program and has confirmed that progress toward the goal of producing practical fusion energy has been excellent, although much scientific and engineering work remains to be done. (7) Each of these reviews and the opinions of other fusion scientists have stressed the need for a magnetic fusion burning plasma experiment to address key scientific issues and as a necessary step in the development of fusion energy. (8) The United States fusion research community has developed a strong consensus that the first option for United States involvement in a burning plasma experiment should be through the international project known as ``ITER'', and, that should the ITER project fail to go forward, then the construction of a domestic burning plasma experiment known as the Fusion Ignition Research Experiment or ``FIRE'' should be pursued aggressively. (9) The United States scientific community has also developed a corresponding consensus that the eventual success of fusion power will require, concurrent with a burning plasma experiment, strengthened effort in fundamental fusion science, development of advanced technology, and innovation and optimization of configurations for an eventual fusion demonstration facility. (10) The Fusion Energy Sciences Program budget is inadequate to support the necessary science and innovation for the present generation of experiments, and cannot accommodate the cost of participation in or construction of a burning plasma experiment SEC. 3. PLAN FOR FUSION EXPERIMENT. (a) In General.-- (1) Priority for international burning plasma project.--The Secretary of Energy (in this Act referred to as ``the Secretary'') is authorized to undertake full scientific and technological cooperation in the international burning plasma project known as ITER. (2) Alternative project.--If at any time during the negotiations on the ITER project, the Secretary determines that construction and operation of the ITER project is unlikely or infeasible, the Secretary shall send to Congress, as part of the budget request for the following year, a plan for implementing the domestic burning plasma experiment known as FIRE, including costs and schedules for such a plan. The Secretary shall refine such plan in full consultation with the Fusion Energy Sciences Advisory Committee and shall also transmit such plan to the National Research Council for review. (b) United States Policy With Respect to Fusion Energy Science.-- (1) Declaration of policy.--It shall be the policy of the United States to develop the scientific, engineering, and commercial infrastructure necessary to ensure that the United States is competitive with other nations in providing fusion energy for its own needs and the needs if other nations, including, by demonstrating electric power or hydrogen production for the United States energy grid utilizing fusion energy at the earliest date possible. (2) Fusion energy plan.--Within 6 months of the date of enactment of this act, the Secretary shall transmit to Congress a plan for carrying out the policy set forth in paragraph (1), including cost estimates, proposed budgets, potential international partners, and specific programs for implementing such policy. (A) Requirements of plan.--Such plan shall also ensure that-- (i) existing fusion research facilities are more fully utilized; (ii) fusion science, technology, theory, advanced computation, modeling, and simulation are strengthened; (iii) new magnetic and inertial fusion research facilities are selected based on scientific innovation, cost effectiveness, and their potential to advance the goal of practical fusion energy at the earliest date possible; (iv) such facilities that are selected are funded at a cost-effective rate; (v) communication of scientific results and methods between the fusion energy science community and the broader scientific and technology communities is improved; (vi) inertial confinement fusion facilities are utilized to the extent practicable for the purpose of inertial fusion energy research and development; and (vii) attractive alternative inertial and magnetic fusion energy approaches are more fully explored. (B) Report on fusion materials and technology project.--In addition, the plan required by this section shall also address the status of, and to the degree possible, the costs and schedules for-- (i) the design and implementation of international or national facilities for the testing of fusion materials; and (ii) the design and implementation of international or national facilities for the testing and development of key fusion technologies. SEC. 4. DEFINITIONS. As used in this Act, the following definitions apply: (1) The term ``ITER'' refers to the international fusion research project whose design is complete and whose location and financing is currently being negotiated between Japan, Europe, the Russian Federation, Canada, China, and the United States. (2) The term ``FIRE'', refers to the Fusion Ignition Research Experiment, the fusion research experiment for which design work has been supported by the Department of Energy in the as a possible alternative burning plasma experiment in the event that the ITER project fails to move forward. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) for participation in the ITER project (or development of the Fire project) under section 3(a) of this Act-- (A) $12,000,000 for fiscal year 2004; (B) $20,000,000 for fiscal year 2005; (C) $50,000,000 for fiscal year 2006; (D) $75,000,000 for fiscal year 2007; and (E) $115,000,000 for fiscal year 2008; and (2) for the Fusion Energy Sciences Program in addition to the sums under paragraph (1) of this section-- (A) $335,000,000 for fiscal year 2004; (B) $349,000,000 for fiscal year 2005; (C) $362,000,000 for fiscal year 2006; (D) $377,000,000 for fiscal year 2007; and (E) $393,000,000 for fiscal year 2008.

Fueling the U.S.A. Through Unlimited Reliable Energy (FUTURE) Act of 2003 - Authorizes the Secretary of Energy to undertake full scientific and technological cooperation in the international burning plasma project (ITER).Directs the Secretary to: (1) send an implementation plan to Congress for a domestic burning plasma experiment (FIRE) if at any time during the negotiations on the ITER project, the Secretary determines that construction and operation of the ITER project is unlikely or infeasible; and (2) transmit to Congress a plan for implementing a policy for developing the scientific, engineering, and commercial infrastructure necessary to ensure that the United States is competitive with other nations in providing fusion energy for its own needs and the needs of other nations, including by demonstrating electric power or hydrogen production for the U.S. energy grid utilizing fusion energy at the earliest date possible.

To authorize the Secretary of Energy to cooperate in the international magnetic fusion burning plasma experiment, or alternatively to develop a plan for a domestic burning plasma experiment, for the purpose of accelerating the scientific understanding and development of fusion as a long term energy source.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Felon Identification and Police Safety Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) State laws requiring a waiting period before the purchase of a firearm have endangered the lives of law-abiding Americans by preventing them from protecting themselves, as demonstrated by the following examples: (A) In 1991, Bonnie Elmasri of Wisconsin tried to get a handgun to protect herself from her estranged husband, but he returned home and killed her and her 2 children before the 48-hour waiting period required by State law had expired. (B) In 1990, Catherine Latta of North Carolina tried to buy a firearm but was told by police that it would take her 2 to 4 weeks to get the necessary permit. After telling the clerk she ``would be dead by then,'' she illegally bought a handgun on the street. 5 hours later she was attacked again by the man who had already robbed, assaulted, and raped her. She used her handgun to protect herself by shooting and killing him. Had she not had a handgun, the outcome would have been much different. (C) Residents of Los Angeles were forced to wait 15 days during the 1991 riots before they could legally buy a firearm for protection, in spite of the fact that police were admitting that they could not protect the people. (2) A point-of-sale instant background check can easily lead to a gun owner registration system. Commenting on the Virginia State instant check system, the Congressional Office of Technology Assessment said ``The Virginia transaction log does not include the names of firearm purchasers, but the potential exists regardless of legal prohibitions.''. (3) Laws requiring a waiting period before the purchase of a firearm have not prevented crime rates in various States that have enacted such laws from increasing far above the national average increase in crime rates. (4) Police cannot protect, and are not legally responsible for protecting, individual citizens, as evidenced by the following: (A) The courts have consistently ruled that the police do not have an obligation to protect individuals, only the public in general. In Warren v. District of Columbia Metropolitan Police Department (D.C. App. 444 A. 2d 1 (1981)), the court stated ``courts have without exception concluded that when a municipality or other governmental entity undertakes to furnish police services, it assumes a duty only to the public at large and not to individual members of the community''. (B) Former Florida Attorney General Jim Smith told Florida legislators that police responded to only 200,000 of 700,000 calls for help to Dade County authorities. (C) The Department of Justice found that, in 1989, there were 168,881 crimes of violence which were not responded to by police within 1 hour. (D) Currently, there are about 150,000 police officers on duty to protect a population of more than 250,000,000 Americans. SEC. 3. SYSTEM FOR IDENTIFYING FELONS AND PERSONS ADJUDICATED MENTALLY INCOMPETENT. (a) In General.--The laws and procedures of a State are of the type described in this subsection if the laws and procedures, in substance, provide the following: (1) Records check required before issuance of driver's license and identification documents; use of magnetic strips to identify prohibited persons.--Before the State transportation agency issues, reissues, or reinstates a license, the agency shall-- (A) conduct a record check to determine whether the applicant therefor is a prohibited person by examining the State list referred to in paragraph (4) of this subsection and the national list referred to in subsection (b)(1); and (B) affix to the license of the person a magnetic strip on which is encoded information that-- (i) identifies the licensee as a prohibited person or as a nonprohibited person; and (ii) may be discerned only through the use of an electronic device that-- (I) is read only; (II) does not have storage or communication capabilities; and (III) signals the user of the device with-- (aa) a green light if the device reads a magnetic strip that does not identify the person as a prohibited person; and (bb) a red light if the device reads a magnetic strip that identifies the person as a prohibited person. (2) Effects of felony conviction or adjudication of mental incompetency.-- (A) Seizure and voiding of driver's license.--If a State court convicts a person of a crime punishable by imprisonment for a term exceeding 1 year or adjudicates a person as mentally incompetent, the court shall seize any license issued to the person by the State transportation agency, and any such license shall be void. (B) Issuance of new license upon request.--Upon request of a person referred to in subparagraph (A), the State transportation agency shall issue to the person (if otherwise eligible therefor) another such license affixed to which is a magnetic strip identifying the person as a prohibited person. (3) Funding of records checks.-- (A) Increase in fines imposed upon convicted felons.--Any person convicted in the State of a crime punishable by imprisonment for a term exceeding 1 year shall, in addition to any sentence imposed under any other provision of State law, be fined an amount sufficient to cover the expenses of criminal records checks conducted pursuant to paragraph (1)(A), taking all such convictions into account on an annual basis. (B) Surcharge imposed on prohibited persons to obtain a driver's license.--In addition to any fee required to be paid by a person to obtain a license, the State transportation agency shall require a prohibited person to pay surcharge in an amount determined by the State to be sufficient to cover the expenses of criminal records checks conducted by the agency pursuant to paragraph (1)(A), taking into account fines imposed under subparagraph (B) of this paragraph. (4) Requirement to maintain and update computerized list of prohibited persons.--The State shall create and maintain a computerized list of all persons who are prohibited persons by reason of a conviction or adjudication in the State, and, within 2 years after the date of the enactment of this Act, shall achieve and maintain at least 80 percent currency of case dispositions in the computerized list for all cases in which there has been an entry of activity within the then immediately preceding 5 years. (b) Duties of the Attorney General.--The Attorney General of the United States shall-- (1) create a national, computerized list of prohibited persons; (2) incorporate State criminal history records into the Federal criminal records system maintained by the Federal Bureau of Investigation; (3) develop hardware and software systems to link State lists referred to in subsection (a)(4) with the national list referred to in paragraph (1) of this subsection; and (4) provide any responsible State agency with access to the national list, upon request. (c) Procedures for Correcting Erroneous Records.-- (1) Request for information.--Any person identified as a prohibited person in records maintained under this section may request the Attorney General of the United States to notify the person of the reasons therefor. (2) Compliance with request.--Within 5 days after receipt of a request under paragraph (1), the Attorney General shall comply with the request. (3) Submission of additional information.--Any person described in paragraph (1) may submit to the Attorney General information to correct, clarify, or supplement records maintained under this section with respect to the person. (4) Consideration and use of additional information.-- Within 5 days after receipt of such information, the Attorney General shall consider the information, investigate the matter further, correct any and all erroneous Federal records relating to such person, and notify any Federal department or agency or any State that was the source of the erroneous records of the errors. (d) Judicial Review.--Any person erroneously identified as a prohibited person in records maintained pursuant to this section may bring an action in any United States district court against the United States, or any State or political subdivision thereof which is the source of the erroneous information, for damages (including consequential damages), injunctive relief, and such other relief as the court deems appropriate. If the person prevails in the action, the court shall allow the person a reasonable attorney's fee as part of the costs. (e) Definitions.--As used in this section: (1) License.--The term ``license'' means a license or permit to operate a motor vehicle on the roads and highways of the State, and any identification document issued by a State transportation agency solely for purposes of identification. (2) Prohibited person.--The term ``prohibited person'' means a person who-- (A) has been convicted of a crime punishable under Federal or State law by imprisonment for a term exceeding 1 year; or (B)(i) has been adjudicated mentally incompetent; and (ii)(I) has not been restored to capacity by court order; or (II) has been so restored to capacity for less than 5 years. (3) State transportation agency.--The term ``State transportation agency'' means the State agency responsible for issuing a license, permit, or identification document described in paragraph (1). (f) Justice Assistance Funds Withheld From Certain States Unless Certain Laws and Procedures are in Effect.--2 years after the date of the enactment of this Act, the Director of the Bureau of Justice Assistance shall reduce by 25 percent the annual allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 if the State has in effect, as of such date of enactment, a waiting period, or a system for identifying felons, before the purchase of a handgun, and the State does not, by the end of such 2-year period, have in effect all of the laws and procedures of the type described in subsection (a). If, at any time after such 2-year period, any State has in effect a waiting period before the purchase of a handgun, or a system for identifying felons or persons adjudicated mentally incompetent other than as provided pursuant to laws and procedures of the type described in subsection (a), the Director of the Bureau of Justice Assistance shall reduce by 25 percent the annual allocation to the State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968. SEC. 4. LICENSED FIREARMS DEALERS REQUIRED TO CHECK MAGNETIC STRIP ON DRIVER'S LICENSE OF ANY PERSON ATTEMPTING TO PURCHASE A HANDGUN. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(s)(1) It shall be unlawful for any licensed dealer knowingly to-- ``(A) sell a handgun to any person not licensed under section 923, unless the licensed dealer has used an electronic device described in section 3(a)(1)(B)(ii) of Felon Identification and Police Safety Act of 1993 to read the magnetic strip affixed to an identification document issued to the person by the transportation agency of the State in which the premises of the licensed dealer is located; or ``(B) fail to notify local law enforcement authorities, within 72 hours, of any person attempting to purchase a handgun who is identified as a prohibited person through the use of such a device. ``(2) As used in paragraph (1): ``(A) The term `handgun' means a firearm which has a short stock and is designed to be held and fired by the use of a single hand. ``(B) The term `identification document' means a license or permit to operate a motor vehicle, and any identification document issued solely for purposes of identification. ``(C) The term `transportation agency' means the agency responsible for issuing commercial or noncommercial identification documents. ``(3) Paragraph (1) shall not apply in any State that does not have in effect the laws and procedures required by section 3(a) of the Felon Identification and Police Safety Act of 1993.''. (b) Penalty.--Section 924(a) of such title is amended-- (1) in paragraph (1), by striking ``paragraph (2) or (3) of''; and (2) by adding at the end the following: ``(5) Any licensed dealer who violates section 922(s) shall be imprisoned not more than 1 year, fined not more than $1,000, or both.''. (c) Effective Date.--The amendments made by this section apply to conduct engaged in after the 2-year period that begins with the date of the enactment of this Act.

Felon Identification and Police Safety Act of 1993 - Requires the Director of the Bureau of Justice Assistance to reduce by 25 percent the annual allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 if the State has in effect a waiting period, or a system for identifying felons, before the purchase of a handgun and if the State does not have in effect specified laws and procedures regarding: (1) a records check requirement before the issuance of a driver's license and the use of magnetic strips to identify prohibited persons; (2) seizure and voiding of the driver's license upon a felony conviction or adjudication of mental incompetency; (3) funding of records checks; and (4) a requirement that the State maintain and update a computerized list of prohibited persons by reason of a conviction or adjudication in the State. Directs the Attorney General to: (1) create a national, computerized list of prohibited persons; (2) incorporate State criminal history records into the Federal criminal records system maintained by the Federal Bureau of Investigation; (3) develop hardware and software systems to link State lists with the national list; and (4) provide any responsible State agency with access to the national list upon request. Sets forth provisions regarding: (1) procedures for correcting erroneous records; and (2) judicial review with respect to persons erroneously identified as prohibited persons. Amends the Federal criminal code to prohibit (with exceptions) any licensed dealer from knowingly: (1) selling a handgun to an unlicensed person unless the dealer has used an electronic device to read the magnetic strip affixed to an identification document issued to such person by the transportation agency of the State in which the premises of the dealer is located; or (2) failing to notify local law enforcement authorities, within 72 hours, of any person attempting to purchase a handgun who is identified as a prohibited person through the use of such a device. Sets penalties for violations.

Felon Identification and Police Safety Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance Accountability Act of 2011''. SEC. 2. AMENDMENTS TO TRADE ADJUSTMENT ASSISTANCE PROGRAM. (a) Extension of Assistance Program for Workers.--Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking ``October 1, 2001, and ending December 31, 2007'' and inserting ``February 13, 2011, and ending September 30, 2014''. (b) Notice to Petitioner of Initiation of Investigation.--Section 221(a)(3) of the Trade Act of 1974 (19 U.S.C. 2271(a)(3)) is amended by adding at the end the following: ``The Secretary shall also send written or electronic notification of the receipt of the petition and the initiation of the investigation directly to the petitioner.''. (c) Procedural Matters.-- (1) Basis for secretary's determination.--Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended by adding at the end the following: ``(d) Basis for Secretary's Determinations.-- ``(1) In general.--The Secretary shall, in determining whether to certify a group of workers under section 223, obtain from the workers' firm, a customer of the workers' firm, or the petitioner, information that the Secretary determines to be necessary to make the certification, through questionnaires and in such other manner as the Secretary determines appropriate. ``(2) Additional information.--The Secretary may seek additional information to determine whether to certify a group of workers under subsection (a) or (b)-- ``(A) by contacting-- ``(i) officials or employees of the workers' firm; ``(ii) officials of customers of the workers' firm; ``(iii) officials of certified or recognized unions or other duly authorized representatives of the group of workers; or ``(iv) one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); ``(B) by reviewing all certifications or denials of petitions for trade adjustment assistance within the same industry as the petitioner and considering the impact of trade on those determinations; or ``(C) by using other available sources of information. ``(3) Verification of information.-- ``(A) Certification.--The Secretary shall require a firm or customer to certify-- ``(i) all information obtained under paragraph (1) from the firm or customer (as the case may be) through questionnaires; and ``(ii) all other information obtained under paragraph (1) from the firm or customer (as the case may be) on which the Secretary relies in making a determination under section 223, unless the Secretary has a reasonable basis for determining that such information is accurate and complete without being certified. ``(B) Protection of confidential information.--The Secretary may not release information obtained under paragraph (1) that the Secretary considers to be confidential business information unless the firm or customer (as the case may be) submitting the confidential business information had notice, at the time of submission, that the information would be released by the Secretary, or the firm or customer (as the case may be) subsequently consents to the release of the information. Nothing in this subparagraph shall be construed to prohibit the Secretary from providing such confidential business information to a court in camera or to another party under a protective order issued by a court. ``(C) Review of information.--If the petition for certification is denied and the petitioner appeals the denial, the Secretary shall notify the petitioner of any information submitted or certified as part of an investigation that was adverse to the petitioner's claim, and shall allow a petitioner to review any documents not protected under subparagraph (B). The petitioner shall be permitted an opportunity to submit and certify a rebuttal to the information submitted by the firm or firm's customer as an addendum to the appeal, before the Secretary reviews the appeal.''. (2) Determination of secretary.--Section 223(a) of the Trade Act of 1974 is amended-- (A) by striking ``(a) As soon as possible'' and inserting-- ``(a) In General.-- ``(1) Initial determinations.--As soon as possible''; and (B) by adding at the end the following: ``(2) Notifications to petitioner.--Not later than 60 days after a petition or appeal is filed, the Secretary shall provide a written or electronic response to a written request for information from the petitioner regarding the status of the petition. The response shall include the current stage of the investigation, details on outstanding requests for information from the firm or firm's customer described in 222(e), any other reason for the delay, and the expected date of the final determination. Such notification shall be provided to the petitioner not later than 21 days after it is received by the Secretary.''. (d) Conforming Amendments.--Section 285(a) of the Trade Act of 1974 is amended by striking ``December 31, 2007'' each place it appears and inserting ``September 30, 2014''. (e) Effective Date.-- (1) Extension of program.--The amendments made by subsections (a) and (d) apply to petitions for certification of eligibility for adjustment assistance under chapter 2 of title II of the Trade Act of 1974 that are filed before, on, or after the date of the enactment of this Act for such eligibility on or after February 13, 2011. (2) Procedural requirements.--The amendments made by subsections (b) and (c) apply with respect to petitions for certification of eligibility for adjustment assistance under chapter 2 of title II of the Trade Act of 1974 that are filed or after the date of the enactment of this Act.

Trade Adjustment Assistance Accountability Act of 2011 - Amends the Trade Act of 1974 to extend and authorize appropriations for the trade adjustment assistance (TAA) program for workers through FY2014. Requires the Secretary of Labor, with respect to a petition for the certification of eligibility to apply for TAA for a group of workers adversely affected by import competition, to send written or electronic notification of the receipt of the petition, and the initiation of the investigation of such petition, directly to the petitioners. Requires the Secretary to obtain from the workers' firm, a customer of the workers' firm, or the petitioner, through questionnaires and other appropriate means, information that the Secretary determines is necessary to certify a group of workers as eligible to apply for TAA. Authorizes the Secretary to seek additional information by: (1) contacting officials, employees, or customers of the workers' firm, as well as officials of certified or recognized unions or other duly authorized workers' representatives, or one-stop operators or partners; and (2) reviewing all certifications or denials of petitions for TAA within the same industry as the petitioner and considering the impact of trade on such determinations. Requires the Secretary to notify the petitioner of any information submitted or certified as part of an investigation that was adverse to the petitioner's claim, as well as allow the petitioner to review any non-protected documents, in cases where the petition for certification has been denied and the petitioner appeals. Requires the Secretary to provide a written or electronic response to a written request for information from the petitioner regarding the status of the petition at least 60 days after a petition or appeal is filed.

To amend the Trade Act of 1974 with respect to the trade adjustment assistance program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Procedural Fairness Act of 1993''. SEC. 2. NOTICE OF AND PERIOD FOR COMMENT ON ANTITRUST GUIDELINES. (a) Notice of Proposed Antitrust Guidelines.--General notice of the proposed issuance of any antitrust guideline shall be published in the Federal Register, unless the persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. Such notice shall include-- (1) a statement of the time, place, and nature of public proceedings applicable to the issuance of an antitrust guideline, (2) reference to the legal authority under which such guideline is proposed, and (3) either the terms or substance of the proposed antitrust guideline or a description of the subjects and issues involved. (b) Exceptions.--Subsection (a) shall not apply-- (1) to any antitrust guideline relating only to agency organization or personnel, (2) to any antitrust guideline when the agency for good cause-- (A) finds that notice and public procedure with respect to such guidelines are impracticable, unnecessary, or contrary to the public interest, and (B) publishes, at the time of publication of the adopted antitrust guideline, such finding and a brief statement of the reasons therefor, or (3) to any antitrust guideline issued after a hearing required by statute. (c) Period for Public Comment.--An agency shall provide a public comment period of not less than sixty days after notice of the proposed issuance of an antitrust guideline with respect to which subsection (a) applies. (d) Procedure for Public Comment.--During the public comment period required by subsection (c), any interested person may submit written data, views, or arguments. The agency may provide an opportunity for oral presentations concerning the proposed antitrust guideline. SEC. 3. ISSUANCE OF ANTITRUST GUIDELINE. (a) Basis for Adoption of Antitrust Guideline.--After consideration of the relevant matter submitted or presented with respect to a proposed antitrust guideline, the agency shall incorporate in the antitrust guideline adopted a concise general statement of basis and purpose of such guideline. (b) Effective Date of Antitrust Guideline.--The required publication or service of an antitrust guideline shall be made not less than sixty days before its effective date, except as otherwise provided by the agency for good cause (as described in subsection (b)(2)(A)) found and published with the guideline. SEC. 4. MAINTENANCE OF FILES REGARDING ISSUANCE OF ANTITRUST GUIDELINES. (a) File of Proceeding Regarding Issuance of Antitrust Guideline.-- Beginning not later than the date on which the agency provides notice of the proposed issuance of an antitrust guideline, the agency shall maintain a file of each proceeding relating to the issuance of such guideline, conducted in accordance with this Act. Except as provided in subsection (b), such file shall include-- (1) the notice of the proposed issuance of such guideline and any supplemental notice concerning such issuance, (2) copies of, or identification of, all studies and documentary material upon which the agency substantially relied in formulating the proposed or final guideline, (3) copies of all written comments on the proposed guideline, or area of inquiry, which were submitted pursuant to any agency notice of the proposed issuance of such guideline published in the Federal Register, (4) all material which the agency by statute is required to make public in connection with the issuance of such guideline or which the agency wishes to make part of the record, and (5) the statements required of the agency in formulating the guideline. (b) Exclusion of Certain Matters.--Subsection (a) shall not apply with respect to any matter which is exempt under section 552(b) of title 5, United States Code, from disclosure under section 552(a) of such title. SEC. 5. AMENDMENTS TO ANTITRUST GUIDELINES. For purposes of this Act, any amendment made, or proposed to be made, by the agency to an existing antitrust guideline shall be deemed to be an antitrust guideline, or a proposed antitrust guideline, respectively. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``agency'' means the Department of Justice or the Federal Trade Commission, (2) the term ``antitrust guideline'' means an agency statement of general applicability designed-- (A) to implement or interpret any of the antitrust laws, or (B) to implement, interpret, or prescribe any policy relating to the enforcement of any of the antitrust laws, (3) the term ``antitrust laws'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 relates to unfair methods of competition, and (4) the term ``person'' has the meaning given it in section 551(a) of title 5, United States Code.

Antitrust Procedural Fairness Act of 1993 - Requires public notice of and a period of public comment on any guidelines proposed by the Department of Justice or the Federal Trade Commission with respect to the interpretation or implementation of the antitrust laws or to any policy relating to the enforcement of the antitrust laws, with exceptions. Sets forth provisions regarding: (1) the issuance of such guidelines; and (2) the maintenance of files regarding such issuance.

Antitrust Procedural Fairness Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstarting Our Business Sector Act of 2013''. SEC. 2. CORPORATE INCOME TAX RATES REDUCED TO ZERO. (a) Regular Tax.--Subsection (b) of section 11 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) shall be 0 percent of taxable income.''. (b) Alternative Minimum Tax.--Section 55(b)(1)(B)(i) of such Code is amended by striking ``20 percent'' and inserting ``0 percent''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 3. EXCLUSION FOR NET CAPITAL GAIN. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting before section 101 the following new section: ``SEC. 100. EXCLUSION FOR NET CAPITAL GAIN. ``Gross income shall not include net capital gain.''. (b) Conforming Amendments.-- (1) Section 1 of such Code is amended by striking subsection (h). (2) Subchapter P of chapter 1 of such Code is amended by striking part I. (3) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the first item the following new item: ``Sec. 100. Exclusion for net capital gain.''. (4) The table of parts for subchapter P of chapter 1 of such Code is amended by striking the item relating to part I. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. 3-YEAR EXTENSION OF BONUS DEPRECIATION AND 100 PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS. (a) In General.-- (1) Bonus depreciation.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``January 1, 2015'' in subparagraph (A)(iv) and inserting ``January 1, 2018'', and (B) by striking ``January 1, 2014'' each place it appears and inserting ``January 1, 2017''. (2) 100 percent expensing.--Paragraph (5) of section 168(k) is amended to read as follows: ``(5) Temporary 100 percent bonus depreciation.--Paragraph (1)(A) shall be applied by substituting `100 percent' for `50 percent' in the case of qualified property-- ``(A) which is acquired by the taxpayer (under rules similar to the rules of clauses (ii) and (iii) of paragraph (2)(A))-- ``(i) after September 8, 2010, and before January 1, 2012, or ``(ii) after December 31, 2012, and before January 1, 2018, and ``(B) which is placed in service by the taxpayer-- ``(i) before January 1, 2012 (January 1, 2013, in the case of property described in subparagraph (2)(B) or (2)(C)), or ``(ii) in the case of property described in subparagraph (A)(ii), before January 1, 2017 (January 1, 2018, in the case of property described in subparagraph (2)(B) or (2)(C)).''. (b) Special Rules Relating to Election To Accelerate AMT Credit in Lieu of Bonus Depreciation.-- (1) In general.--Subclause (II) of section 168(k)(4)(D)(iii) of such Code is amended by striking ``2014'' and inserting ``2017''. (2) Round 4 extension property.--Paragraph (4) of section 168(k) of such Code is amended by adding at the end the following new subparagraph: ``(K) Special rules for round 4 extension property.-- ``(i) In general.--In the case of round 4 extension property, this paragraph shall be applied without regard to-- ``(I) the limitation described in subparagraph (B)(i) thereof, and ``(II) the business credit increase amount under subparagraph (E)(iii) thereof. ``(ii) Taxpayers previously electing acceleration.--In the case of a taxpayer who made the election under subparagraph (A) for its first taxable year ending after March 31, 2008, a taxpayer who made the election under subparagraph (H)(ii) for its first taxable year ending after December 31, 2008, a taxpayer who made the election under subparagraph (I)(iii) for its first taxable year ending after December 31, 2010, or a taxpayer who made the election under subparagraph (J)(iii) for its first taxable year ending after December 31, 2012-- ``(I) the taxpayer may elect not to have this paragraph apply to round 4 extension property, but ``(II) if the taxpayer does not make the election under subclause (I), in applying this paragraph to the taxpayer the bonus depreciation amount, maximum amount, and maximum increase amount shall be computed and applied to eligible qualified property which is round 4 extension property. The amounts described in subclause (II) shall be computed separately from any amounts computed with respect to eligible qualified property which is not round 4 extension property. ``(iii) Taxpayers not previously electing acceleration.--In the case of a taxpayer who neither made the election under subparagraph (A) for its first taxable year ending after March 31, 2008, nor made the election under subparagraph (H)(ii) for its first taxable year ending after December 31, 2008, nor made the election under subparagraph (I)(iii) for any taxable year ending after December 31, 2010, nor made the election under subparagraph (J)(iii) for its first taxable year ending after December 31, 2012-- ``(I) the taxpayer may elect to have this paragraph apply to its first 3 taxable years ending after December 31, 2013, and each subsequent taxable year, and ``(II) if the taxpayer makes the election under subclause (I), this paragraph shall only apply to eligible qualified property which is round 4 extension property. ``(iv) Round 4 extension property.--For purposes of this subparagraph, the term `round 4 extension property' means property which is eligible qualified property solely by reason of the extension of the application of the special allowance under paragraph (1) pursuant to the amendments made by section 4(a)(1) of the Jumpstarting Our Business Sector Act of 2013 (and the application of such extension to this paragraph pursuant to the amendment made by section 4(b)(1) of such Act).''. (3) Conforming amendments.-- (A) The heading for subsection (k) of section 168 of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2017''. (B) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre- january 1, 2014'' and inserting ``pre-january 1, 2017''. (C) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2017''. (D) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2017''. (E) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2017''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2013, in taxable years ending after such date. SEC. 5. REPEAL OF ESTATE AND GIFT TAXES. (a) In General.--Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes ) is hereby repealed. (b) Effective Date.--The repeal made by subsection (a) shall apply to estates of decedents dying, gifts made, and generation-skipping transfers made after the date of the enactment of this Act.

Jumpstarting Our Business Sector Act of 2013 - Amends the Internal Revenue Code to: (1) eliminate the corporate income tax and the alternative minimum tax (AMT) on corporations in taxable years beginning after 2013; (2) exclude net capital gain from gross income; (3) extend for three years the increased depreciation allowance (bonus depreciation), the 100% expensing allowance for business assets, and the election to accelerate the AMT tax credit in lieu of bonus depreciation; and (4) repeal the estate, gift, and generation-skipping transfer taxes.

Jumpstarting Our Business Sector Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Comprehensive Study of Voting Procedures Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) Americans are increasingly concerned about current voting procedures; (2) Americans are increasingly concerned about the speed and timeliness of vote counts; (3) Americans are increasingly concerned about the accuracy of vote counts; (4) Americans are increasingly concerned about the security of voting procedures; (5) the shift in the United States is to the increasing use of technology which calls for a reassessment of the use of standardized technology for Federal elections; and (6) there is a need for Congress to establish a method for standardizing voting procedures in order to ensure the integrity of Federal elections. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established the Commission on the Comprehensive Study of Voting Procedures (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF THE COMMISSION; MATCHING GRANT PROGRAM. (a) Study.--Not later than 1 year after the date on which all of the members of the Commission have been appointed under section 5, the Commission shall complete a thorough study of all issues relating to voting procedures in Federal, State, and local elections, including the following: (1) Voting procedures in Federal, State, and local government elections. (2) Voting procedures that represent the best practices in Federal, State, and local government elections. (3) Legislation and regulatory efforts that affect voting procedures issues. (4) The implementation of standardized voting procedures, including standardized technology, for Federal, State, and local government elections. (5) The speed and timeliness of vote counts in Federal, State and local elections. (6) The accuracy of vote counts in Federal, State and local elections. (7) The security of voting procedures in Federal, State and local elections. (8) The accessibility of voting procedures for individuals with disabilities and the elderly. (9) The level of matching grant funding necessary to enable States and localities to implement the recommendations made by the Commission under subsection (b) for the modernization of State and local voting procedures. (b) Recommendations.--The Commission shall develop recommendations with respect to Federal elections matters. (c) Reports.-- (1) Final report.--Not later than 180 days after the expiration of the period referred to in subsection (a), the Commission shall submit a report, that has been approved by a majority of the members of the Commission, to the President and Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (2) Interim reports.--The Commission may submit to the President and Congress any interim reports that are approved by a majority of the members of the Commission. (3) Additional reports.--The Commission may, together with the report submitted under paragraph (1), submit additional reports that contain any dissenting or minority opinions of the members of the Commission. (d) Matching Grant Program.-- (1) Authority.--After the submission of the final report under subsection (c)(1), the Attorney General, acting through the Assistant Attorney General for the Office of Justice Programs, shall award grants to State and local governments to enable such governments to implement the recommendations made by the Commission under subsection (b). (2) Application.--To be eligible to receive a grant under paragraph (1), a State or local government shall prepare and submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require including an assurance that the applicant will comply with the requirements of paragraph (3). (3) Matching funds.--The Attorney General may not award a grant to a State or local government under this subsection unless the government agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward the activities to be conducted under the grant in an amount equal to not less than $1 for each $1 of Federal funds provided under the grant. (4) Amount of grant.--The Attorney General shall determine the amount of each grant under this subsection based on the recommendations made by the Commission under subsection (b). (5) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, the amounts recommended for each fiscal year by the Commission under subsection (b) as being necessary for the modernization of State and local voting procedures with respect to Federal elections. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of-- (1) five voting members of whom-- (A) one shall be appointed by the President; (B) one shall be appointed by the majority leader of the Senate; (C) one shall be appointed by the minority leader of the Senate; (D) one shall be appointed by the Speaker of the House of Representatives; and (E) one shall be appointed by the minority leader of the House of Representatives; and (2) the Director of the Office of Election Administration of the Federal Election Commission who shall be an advisory, nonvoting member. (b) Date of Appointment.--The appointments of the members of the Commission shall be made not later than 30 days after the date of enactment of this Act. (c) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (e) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chairperson or a majority of its members. (2) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among its members. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may hold such hearings for the purpose of carrying out this Act, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. The Commission may administer oaths and affirmations to witnesses appearing before the Commission. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Website.--For purposes of conducting the study under section 4(a), the Commission shall establish a website to facilitate public comment and participation. (d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Administrative Support Services.--Upon the request of the Chairperson of the Commission, the Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, the administrative support services that are necessary to enable the Commission to carry out its duties under this Act. (f) Contracts.--The Commission may contract with and compensate persons and Federal agencies for supplies and services without regard to section 3709 of the Revised Statutes (42 U.S.C. 5). (g) Gifts and Donations.--The Commission may accept, use, and dispose of gifts or donations of services or property to carry out this Act. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 8. LIMITATION ON CONTRACTING AUTHORITY. Any new contracting authority provided for in this Act shall be effective only to the extent, or in the amounts, provided for in advance in appropriations Acts. SEC. 9. TERMINATION OF THE COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits its report under section 4. SEC. 10. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to prohibit the enactment of an Act with respect to voting procedures during the period in which the Commission is carrying out its duties under this Act. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to the Commission to carry out this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

Commission on the Comprehensive Study of Voting Procedures Act of 2001 - Establishes the Commission on the Comprehensive Study of Voting Procedures to: (1) study and report to the President and Congress on all issues relating to voting procedures in Federal, State, and local elections; and (2) develop recommendations with respect to Federal election matters.Directs the Attorney General to award grants to eligible State and local government applicants to enable them to implement Commission recommendations.

A bill to establish a Commission for the comprehensive study of voting procedures in Federal, State, and local elections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bridge Life Extension Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Corrosion of highway bridges costs the United States economy $8.3 billion each year according to a Federal Highway Administration report (FHWA-RD-01-157) that was delivered to Congress in 2002. (2) The ongoing cost of corrosion on United States highway bridges represents a needless waste of taxpayer dollars. (3) One-third of the ongoing cost of corrosion on United States highway bridges would be saved if existing, fully- developed corrosion prevention technologies were applied to bridge decks and their substructures. (4) The application of corrosion technologies to United States highway bridges is necessary, but currently underused. (5) The application of corrosion prevention strategies should be required in the design and rehabilitation of bridge structures that use Federal funding and the development of new corrosion prevention technologies should be encouraged. SEC. 3. CORROSION MITIGATION AND PREVENTION PLANS FOR BRIDGES RECEIVING FEDERAL FUNDING. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following: ``Sec. 150. Corrosion mitigation and prevention plans ``(a) In General.--The Secretary may approve Federal assistance for a project for construction of a bridge using amounts apportioned under section 104(b)(1) or 104(b)(3) or a project for replacement or rehabilitation of a bridge under section 144 only if-- ``(1) the State or States applying for such assistance develop and submit to the Secretary a corrosion mitigation and prevention plan for the bridge; and ``(2) the Secretary approves the plan. ``(b) Plan Requirements.--The Secretary may approve a corrosion mitigation and prevention plan for a bridge submitted by a State or States under subsection (a) only if the plan contains, at a minimum, the following: ``(1) An estimate of the expected useful life of the bridge. ``(2) An estimate of environmental exposure of the bridge, including marine, deicer application, industrial, rural, rainfall, temperature, freeze-thaw, and other factors that influence corrosion prevention and corrosion mitigation strategies. ``(3) An identification of the functional classification of the bridge. ``(4) Details of corrosion mitigation and prevention methods that will be used with respect to the bridge, taking into account-- ``(A) material selection; ``(B) coating considerations; ``(C) cathodic protection considerations; ``(D) design considerations for corrosion; and ``(E) concrete requirements. ``(5) Details of a project maintenance program for the life of the bridge. ``(6) A certification that the plan was developed by the State or States and approved by a corrosion expert. ``(7) A certification that each individual conducting inspections of Federal-aid highway bridges in the State or States receives training from a corrosion expert. ``(c) Approval and Disapproval.--The Secretary shall approve or disapprove each corrosion mitigation and prevention plan submitted by a State or States under subsection (a). If the Secretary disapproves a plan, the Secretary shall inform the State or States of the reasons for the disapproval and shall permit the State or States to resubmit the plan with such modifications as the Secretary determines necessary. ``(d) Modifications Following Plan Approval.--A State or States may modify a corrosion mitigation and prevention plan approved under subsection (c) to incorporate newly developed corrosion prevention techniques, methods, applications, and best practices if the State or States provide advance written notice of the modification to the Secretary. ``(e) Corrosion Expert.--In this section, the term ``corrosion expert'' means an individual who is accredited or certified as being qualified by an international technical society dedicated to the mitigation and prevention of corrosion or who is a registered professional engineer who has certification or licensing that includes education and experience in corrosion prevention and control of bridges. ``(f) Applicability.-- ``(1) In general.--This section shall take effect beginning on the first day of the second fiscal year beginning after the date of enactment of this section. ``(2) Waivers.--Notwithstanding paragraph (1), the Secretary may waive the application of requirements of this section with respect to a bridge for the 6-month period beginning on the first day referred to in paragraph (1) if-- ``(A) a corrosion mitigation and prevention plan has been submitted for the bridge before such first day; and ``(B) the Secretary determines that such a waiver is appropriate. ``(g) Funding.--Funds made available to a State under sections 104(b)(1), 104(b)(3), and 144 may be used by the State for activities to comply with the requirements of this section.''. (b) Clerical Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 149 the following: ``150. Corrosion mitigation and prevention plans.''.

Bridge Life Extension Act of 2008 - Allows the Secretary of Transportation to approve federal-aid highway funding for states for bridge reconstruction, replacement, or rehabilitation projects only if the state submits, and the Secretary approves, a corrosion mitigation and prevention plan.

To amend title 23, United States Code, to require corrosion mitigation and prevention plans for bridges receiving Federal funding, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair and Impartial Reform Tax Act of 2011''. SEC. 2. REPEAL OF CERTAIN TAX CUTS EXTENDED FOR HIGH INCOME INDIVIDUALS. (a) Individual Income Tax Rates.--Subsection (i) of section 1 of the Internal Revenue Code of 1986 is amended by striking paragraph (2), by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (1) the following new paragraphs: ``(2) 25- and 28-percent rate brackets.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `25%' for `28%' each place it appears (before the application of subparagraph (B)), and ``(B) by substituting `28%' for `31%' each place it appears. ``(3) 33-percent rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2011-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the fourth rate bracket shall be 33 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable amount, over ``(II) the dollar amount at which such bracket begins, and ``(ii) the 36-percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(B) Applicable amount.--For purposes of this paragraph, the term `applicable amount' means the excess of-- ``(i) the applicable threshold, over ``(ii) the sum of the following amounts in effect for the taxable year: ``(I) the basic standard deduction (within the meaning of section 63(c)(2)), and ``(II) the exemption amount (within the meaning of section 151(d)(1)) (or, in the case of subsection (a), 2 such exemption amounts). ``(C) Applicable threshold.--For purposes of this paragraph, the term `applicable threshold' means-- ``(i) $500,000 in the case of subsection (a), ``(ii) $400,000 in the case of subsections (b) and (c), and ``(iii) \1/2\ the amount applicable under clause (i) (after adjustment, if any, under subparagraph (E)) in the case of subsection (d). ``(D) Fourth rate bracket.--For purposes of this paragraph, the term `fourth rate bracket' means the bracket which would (determined without regard to this paragraph) be the 36-percent rate bracket. ``(E) Inflation adjustment.--For purposes of this paragraph, a rule similar to the rule of paragraph (1)(C) shall apply with respect to taxable years beginning in calendar years after 2011, applied by substituting `2009' for `1992' in subsection (f)(3)(B).''. (b) Phaseout of Personal Exemptions and Itemized Deductions.-- (1) Overall limitation on itemized deductions.--Section 68 of such Code is amended-- (A) by striking ``the applicable amount'' the first place it appears in subsection (a) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (B) by striking ``the applicable amount'' in subsection (a)(1) and inserting ``such applicable threshold'', (C) by striking subsection (b) and redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and (D) by striking subsections (f) and (g). (2) Phaseout of deductions for personal exemptions.-- (A) In general.--Paragraph (3) of section 151(d) of such Code is amended-- (i) by striking ``the threshold amount'' in subparagraphs (A) and (B) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (ii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C), and (iii) by striking subparagraphs (E) and (F). (B) Conforming amendment.--Paragraph (4) of section 151(d) of such Code is amended-- (i) by striking subparagraph (B), (ii) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively, and by indenting such subparagraphs (as so redesignated) accordingly, and (iii) by striking all that precedes ``in a calendar year after 1989,'' and inserting the following: ``(4) Inflation adjustment.--In the case of any taxable year beginning''. (c) Reduced Rate on Capital Gains and Dividends.-- (1) In general.--Paragraph (1) of section (1)(h) of such Code is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or ``(ii) the excess (if any) of-- ``(I) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 36 percent, over ``(II) the sum of the amounts on which tax is determined under subparagraphs (A) and (B), ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),''. (2) Dividends.--Subparagraph (A) of section 1(h)(11) of such Code is amended by striking ``qualified dividend income'' and inserting ``so much of the qualified dividend income as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 36 percent, over ``(ii) taxable income reduced by qualified dividend income.''. (3) Minimum tax.--Section 55 of such Code is amended by adding at the end the following new subsection: ``(f) Application of Maximum Rate of Tax on Net Capital Gain of Noncorporate Taxpayers.--In the case of taxable years beginning after December 31, 2011, the amount determined under subparagraph (C) of subsection (b)(3) shall be the sum of-- ``(1) 15 percent of the lesser of-- ``(A) so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B) of subsection (b)(3), or ``(B) the excess described in section 1(h)(1)(C)(ii), plus ``(2) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subsection (b)(3)(B) and paragraph (1).''. (4) Conforming amendments.-- (A) The following provisions are amended by striking ``15 percent'' and inserting ``20 percent'': (i) Section 1445(e)(1) of such Code. (ii) The second sentence of section 7518(g)(6)(A) of such Code. (iii) Section 53511(f)(2) of title 46, United States Code. (B) Sections 531 and 541 of the Internal Revenue Code of 1986 are each amended by striking ``15 percent of'' and inserting ``the product of the highest rate of tax under section 1(c) and''. (C) Section 1445(e)(6) of such Code is amended by striking ``15 percent (20 percent in the case of taxable years beginning after December 31, 2011)'' and inserting ``20 percent''. (d) Application of EGTRRA Sunset.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall apply to the amendments made by this section. (e) 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, 2011. (2) Withholding.--The amendments made by subparagraphs (A)(i) and (C) of subsection (c)(4) shall apply to amounts paid on or after January 1, 2012.

Fair and Impartial Reform Tax Act of 2011 - Amends the Internal Revenue Code to: (1) revise income tax rates for individuals and increase such rates for taxpayers with adjusted gross incomes in excess of $500,000, (2) impose limits on and phaseouts of personal exemptions and itemized deductions for high income taxpayers, (3) increase the tax rate on net capital gains and dividend income, and (4) increase the alternative minimum tax (AMT) on the net capital gains of noncorporate taxpayers for taxable years beginning after 2011. Makes the general terminating date of the Economic Growth and Tax Relief Reconciliation Act (EGTRRA) (i.e., December 31, 2012) applicable to the amendments made by this Act.

To amend the Internal Revenue Code of 1986 to repeal certain tax cuts extended for high income individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Lead in Drinking Water Act''. SEC. 2. REDUCING LEAD IN DRINKING WATER. (a) Definition of Lead Service Line.--Section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f) is amended by adding at the end the following new paragraph: ``(17) Lead service line.--The term `lead service line' means a service line that is not lead free (within the meaning of section 1417).''. (b) Replacing Lead Service Lines.--Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6) is amended by adding at the end the following: ``(f) Replacing Lead Service Lines.-- ``(1) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an owner or operator of a public water system; ``(ii) a qualified nonprofit organization, as determined by the Administrator; or ``(iii) a municipality or a State, interstate, or intermunicipal agency. ``(B) Lead pipe replacement program.--The term `lead pipe replacement program' means a project or activity the primary purpose of which is to eliminate lead in water for human consumption by-- ``(i) replacing lead service lines; ``(ii) testing, planning, or carrying out other relevant activities, as determined by the Administrator, to identify the location and condition of lead service lines; or ``(iii) providing assistance to low-income homeowners to replace privately owned lead service lines. ``(C) Low-income homeowner.--The term `low-income homeowner' has such meaning as may be given the term by the Governor of the applicable State. ``(2) Grant program.-- ``(A) Establishment.--Not later than 180 days after the date of enactment of this subsection, the Administrator shall establish a grant program to provide assistance to eligible entities for lead pipe replacement programs. ``(B) Evaluation.--In determining whether to provide assistance to an eligible entity under this subsection, the Administrator shall evaluate whether the eligible entity has-- ``(i) a current inventory of lead service lines in the applicable public water system; ``(ii) a plan to notify customers of such public water system of the replacement of any publicly owned portion of a lead service line; ``(iii) a plan to replace the privately owned portion of a lead service line at the cost of replacement; ``(iv) a plan for a program of assistance to low-income homeowners to replace the privately owned portion of lead service lines; or ``(v) a plan of recommended measures to avoid exposure of the public to short-term increases in lead levels following a lead service line replacement. ``(C) Priority application.--In providing assistance under this subsection, the Administrator shall give priority to an eligible entity that-- ``(i) will carry out a lead pipe replacement program at a public water system that has exceeded the lead action level established by the Administrator at any time during the 3-year period preceding the date of submission of the application of the eligible entity; ``(ii) will address lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or subpopulations at greater risk as identified under section 1458(a); ``(iii) will include in the lead pipe replacement program a program to provide assistance to low-income homeowners; or ``(iv) addresses such priority criteria as the Administrator may establish, consistent with the goal of reducing lead in water for human consumption. ``(D) Cost sharing.-- ``(i) In general.--Subject to clause (ii), the non-Federal share of the total cost of a program funded by a grant provided under this subsection shall be not less than 20 percent. ``(ii) Waiver.--The Administrator may reduce or eliminate the non-Federal share required under clause (i) for reasons of affordability, as the Administrator determines to be appropriate. ``(E) Low-income homeowner assistance.-- ``(i) In general.--Subject to clause (ii), an eligible entity may use a grant provided under this subsection to provide assistance to low-income homeowners to replace privately owned lead service lines. ``(ii) Limitation.--The amount of assistance provided to an individual low-income homeowner under this subparagraph shall not exceed $10,000. ``(3) Guidance.--Not later than 180 days after the date of enactment of this subsection, the Administrator shall, in cooperation with States and qualified nonprofit organizations, develop guidance for owners and operators of public water systems to assist such owners and operators in the preparation of an inventory of lead service lines in their public water system. ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $100,000,000 for each of fiscal years 2017 through 2021.''.

Reducing Lead in Drinking Water Act This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency to establish a grant program to remove lead service lines from public water systems. Grant recipients may use grant funds to assist low-income homeowners with replacing privately owned lead service lines.

Reducing Lead in Drinking Water Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Innovation and Cost Savings Act''. SEC. 2. TAX-EXEMPT FINANCING OF QUALIFIED HIGHWAY INFRASTRUCTURE CONSTRUCTION. (a) Treatment as Exempt Facility Bond.--A bond described in subsection (b) shall be treated as described in section 141(e)(1)(A) of the Internal Revenue Code of 1986, except that section 146 of such Code shall not apply to such bond. (b) Bond Described.-- (1) In general.--A bond is described in this subsection if such bond is issued after the date of enactment of this Act as part of an issue-- (A) 95 percent or more of the net proceeds of which are to be used to provide a qualified highway infrastructure project, and (B) to which there has been allocated a portion of the allocation to the project under paragraph (2)(C)(ii) which is equal to the aggregate face amount of bonds to be issued as part of such issue. (2) Qualified highway infrastructure projects.-- (A) In general.--For purposes of paragraph (1), the term ``qualified highway infrastructure project'' means a project-- (i) for the construction or reconstruction of a highway, and (ii) designated under subparagraph (B) as an eligible pilot project. (B) Eligible pilot project.-- (i) In general.--The Secretary of Transportation, in consultation with the Secretary of the Treasury, shall select not more than 15 highway infrastructure projects to be pilot projects eligible for tax-exempt financing. (ii) Eligibility criteria.--In determining the criteria necessary for the eligibility of pilot projects, the Secretary of Transportation shall include the following: (I) The project must serve the general public. (II) The project is necessary to evaluate the potential of the private sector's participation in the provision, maintenance, and operation of the highway infrastructure of the United States. (III) The project must be located on publicly-owned rights-of-way. (IV) The project must be publicly owned or the ownership of the highway constructed or reconstructed under the project must revert to the public. (V) The project must be consistent with a transportation plan developed pursuant to section 134(g) or 135(e) of title 23, United States Code. (C) Aggregate face amount of tax-exempt financing.-- (i) In general.--The aggregate face amount of bonds issued pursuant to this section shall not exceed $15,000,000,000, determined without regard to any bond the proceeds of which are used exclusively to refund (other than to advance refund) a bond issued pursuant to this section (or a bond which is a part of a series of refundings of a bond so issued) if the amount of the refunding bond does not exceed the outstanding amount of the refunded bond. (ii) Allocation.--The Secretary of Transportation, in consultation with the Secretary of the Treasury, shall allocate the amount described in clause (i) among the eligible pilot projects designated under subparagraph (B), based on the extent to which-- (I) the projects use new technologies, construction techniques, or innovative cost controls that result in savings in building or operating the projects, and (II) the projects address local, regional, or national transportation needs. (iii) Reallocation.--If any portion of an allocation under clause (ii) is unused on the date which is 3 years after such allocation, the Secretary of Transportation, in consultation with the Secretary of the Treasury, may reallocate such portion among the remaining eligible pilot projects.

Highway Innovation and Cost Savings Act - Amends the Internal Revenue Code to provide for the treatment of a qualified highway infrastructure project bond as an exempt private activity bond.

Highway Innovation and Cost Savings Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eric and Brian Simon Act of 2003''. SEC. 2. GRATUITY FOR VETERANS AND DEPENDENTS WHO CONTRACT HIV OR AIDS FROM BLOOD TRANSFUSIONS RELATING TO SERVICE-CONNECTED DISABILITIES. (a) In General.--Subchapter IV of chapter 11 of title 38, United States Code, is amended by inserting after section 1137 the following new section: ``Sec. 1138. Gratuity for veterans and dependents who contract HIV or AIDS from blood transfusions relating to service- connected disabilities ``(a) In General.--Except as provided in subsection (c), the Secretary shall pay a gratuity in the amount of $100,000 to each individual described in subsection (b) who has an HIV infection or is diagnosed with AIDS. ``(b) Eligible Individuals.--An individual described in this subsection is any individual as follows: ``(1) A veteran who-- ``(A) was treated with HIV contaminated blood transfusion, HIV contaminated blood components, HIV contaminated human tissue, or HIV contaminated organs (other than Anti-hemophiliac Factor) as a result of a service-connected disability; and ``(B) can assert through medical evidence acceptable to the Secretary reasonable certainty of transmission of HIV as a result of such treatment. ``(2) A lawful spouse, or former lawful spouse, of a veteran described in paragraph (1) after the time of treatment of such veteran as described in that paragraph who can assert through medical evidence acceptable to the Secretary reasonable certainty of transmission of HIV from such veteran. ``(3) Each natural child of a veteran described in paragraph (1) conceived after the time of treatment of such veteran as described in that paragraph who can assert through medical evidence acceptable to the Secretary reasonable certainty of perinatal transmission of HIV from such veteran. ``(c) Exception.--An individual described in subsection (b) is not entitled to the payment of a gratuity under subsection (a) if the individual has received a payment under section 102 of the Ricky Ray Hemophilia Relief Fund Act of 1998 (42 U.S.C. 300c-22 note) with respect to an HIV or AIDS infection. ``(d) Acceptable Medical Evidence.--(1) Except as provided in paragraph (2), medical evidence acceptable to the Secretary under subsection (b) shall include the following, as applicable: ``(A) Evidence of infection with HIV or AIDS. ``(B) In the case of a veteran described in subsection (b)(1), evidence of the treatment described in subsection (b)(1). ``(C) Evidence indicating no prior infection with HIV or AIDS before the treatment described in subsection (b)(1) that provided the source of infection with HIV or AIDS. ``(D) Evidence indicating that infection with HIV or AIDS occurred after the date of the treatment described in subsection (b)(1) that provided the source of infection with HIV or AIDS. ``(E) In the case of an individual described in paragraph (2) or (3) of subsection (b), evidence of transmission of HIV from a veteran described in paragraph (1) of that subsection. ``(F) Such other evidence as the Secretary may require. ``(2) The Secretary may waive an applicable requirement for any evidence specified in paragraph (1) if the Secretary determines that such evidence was destroyed or is otherwise unavailable as a result of circumstances beyond the control of the individual concerned. ``(e) Payment for Deceased Individuals.--(1) If an individual entitled to a gratuity under this section is deceased at the time of payment, payment shall be made as follows: ``(A) In the case of an individual who is survived by a spouse living at the time of payment, to the surviving spouse. ``(B) In the case of an individual whose surviving spouse is not living at the time of payment, to the children of the individual living at the time of payment in equal shares. ``(C) In the case of an individual not described by paragraph (1) or (2), to the parents of the individual living at the time of payment in equal shares. ``(2) An individual described in paragraph (2) or (3) of subsection (b) who is entitled to a gratuity under subsection (a) is also entitled to payment under paragraph (1) with respect to a deceased individual. ``(3) In this subsection: ``(A) The term `spouse', with respect to an individual described in paragraph (1), means the individual who was lawfully married to such individual at the time of death. ``(B) The term `child' includes a recognized natural child, a stepchild who lived with such individual in a parent-child relationship, and an adopted child. ``(C) The term `parent' includes fathers and mothers through adoption. ``(f) Application.--(1) A person seeking payment of a gratuity under subsection (a) shall submit to the Secretary an application therefor in such form and containing such information as the Secretary shall require. ``(2) If an individual described in subsection (b) dies before submitting an application for a gratuity under subsection (a), an individual who would be entitled to payment under subsection (e) with respect to such deceased individual may submit an application for the gratuity under paragraph (1). ``(g) Treatment of Gratuity for Insurance Purposes.--(1) A payment under this section shall not be considered as any form of compensation or reimbursement for a loss for purposes of imposing liability on the individual receiving the payment, or on the basis of such receipt, to repay any insurance carrier for insurance payments or to repay any person on account of worker's compensation payments. ``(2) A payment under this section shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation. ``(h) Definitions.--In this section: ``(1) The term `AIDS' means acquired immune deficiency syndrome. ``(2) The term `HIV' means human immunodeficiency virus.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 11 of that title is amended by inserting after the item relating to section 1137 the following new item: ``1138. Gratuity for veterans and dependents who contract HIV or AIDS from blood transfusions relating to service-connected disabilities.''.

Eric and Brian Simon Act of 2003 - Directs the Secretary of Veterans Affairs to pay a gratuity of $100,000 to: (1) each veteran who was treated with HIV-contaminated blood, blood components, human tissue, or organs as a result of a service-connected disability and can assert through acceptable medical evidence reasonable certainty of transmission of HIV as a result of such treatment; and (2) the current or former spouse and each natural child of such a veteran who can assert the transmission of HIV from such veteran. Provides for such payments in the case of deceased individuals. States that such payments shall not be considered payments for purposes of medical insurance or workers' compensation.

A bill to amend title 38, United States Code, to provide a gratuity to veterans, their spouses, and children who contract HIV or AIDS as a result of a blood transfusion relating to a service-connected disability, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``New Partnership for Haiti Act of 2003''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--GENERAL PROVISIONS Sec. 101. Findings. Sec. 102. Purpose. Sec. 103. Definitions. Sec. 104. Development of a comprehensive strategy. TITLE II--UNITED STATES ASSISTANCE FOR HAITI Sec. 201. Assistance for health sector development. Sec. 202. Assistance for health infrastructure development. Sec. 203. Assistance for water and sanitation infrastructure development. Sec. 204. Professional exchange for areas in Haiti severely affected by dilapidated physical health infrastructures. TITLE I--GENERAL PROVISIONS SEC. 101. FINDINGS. Congress finds the following: (1) Haiti is the most impoverished nation in the Western Hemisphere. (2) The United Nations Joint Programme on HIV/AIDS states that Haiti accounts for 90 percent of the HIV/AIDS infections and case rates in the Caribbean. (3) HIV infections and AIDS have approached epidemic proportions in Haiti. More than 300,000 infected people have been identified and deaths from HIV/AIDS have left approximately 200,000 children orphaned, while more than 12,000 children in Haiti are living with HIV/AIDS. (4) The infant and maternal mortality rate in Haiti continues to rise and only 1 in every 10,000 Haitians has access to a physician. (5) The Global Fund to Fight AIDS, Tuberculosis and Malaria has approved the control mechanisms of the Government of Haiti, which include measures to address transparency and for disbursement of grants from the Global Fund. (6) The President has included Haiti in the list of 15 countries that qualify for United States assistance to combat HIV/AIDS under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003. (7) The people of Haiti have a constitutional and fundamental human right to health and government has the obligation to fulfill these rights to the level of resources available. (8) The legal minimum daily wage in Haiti is approximately $.96 but many Haitians work in the informal economy or in subsistence agriculture for $.40 or less a day. (9) 76 percent of Haiti's children under the age of five are underweight or suffer from wasting or stunting. (10) Only 46 percent of the population has access to safe water and only 28 percent of the population to sanitation services. (11) 63 percent of Haitians are undernourished. As stated by the United Nations Special Rapporteur on the Right to Food: ``Despite the fact that global wealth and resources [are] sufficient to provide food for everyone, some 100,000 people [die] every day of hunger or hunger-related diseases [throughout the world].''. (12) The infant mortality rate in Haiti is approximately 76 deaths for each 1,000 live female births and 81 deaths for each 1,000 live male births. (13) Life expectancy at birth in Haiti is approximately 51 years. (14) Approximately 80 percent of Haiti's population lives in abject poverty. (15) Unemployment and underemployment is widespread in Haiti as evidenced by the fact that more than two-thirds of the labor force are without formal jobs. (16)(A) The Office of Technical Assistance within the Bureau of International Affairs of the Department of the Treasury has provided advisers to governments in Central and Eastern Europe and the independent states of the former Soviet Union to assist in the transition from command to market economies. (B) In the typical mission, a Treasury Department ``resident advisor'' provides assistance to a senior finance ministry or central bank counterpart in one of several areas: tax policy and administration, government debt issuance and management, financial institutions policy and regulation, budget policy and management, and the prevention, detection, and prosecution of financial crimes. These resident advisers are supported by short-term experts and technicians. (17) More recently, the Department of the Treasury has addressed challenges in other parts of the world by assisting the South African Department of Finance in restructuring its budget office and process, working in the Haitian Finance Ministry to improve apportionment and budget execution, and helping to resolve the banking crisis in Indonesia. SEC. 102. PURPOSE. The purpose of this Act is to strengthen United States leadership and the effectiveness of the United States response to infectious diseases in Haiti and Haiti's struggling health sector while assisting with the rebuilding of physical infrastructure by-- (1) establishing a comprehensive, integrated strategy to develop Haiti's health infrastructure, combat HIV/AIDS and other infectious diseases, and improve coordination among relevant Federal departments and agencies and between the United States and the Government of Haiti, nongovernmental organizations, and other international organizations; (2) providing increased resources for United States efforts, particularly for technical assistance and training, to combat HIV/AIDS, tuberculosis, and malaria in Haiti; (3) encouraging the expansion of the international community to reengage with the Government of Haiti and expand private sector efforts and public-private sector partnerships to establish a functional health sector in Haiti; (4) assisting and securing a system of basic water, sanitation, and other physical infrastructure; and (5) encouraging a continued exchange of knowledge and professionalism between the Government of Haiti and the United States Department of the Treasury through the Department's Office of Technical Assistance within the Bureau of International Affairs, including by providing Department of the Treasury advisers to work to explain such concepts as budgeting and the decision making process, tax policy as a means of financing the annual government budget, treasury bill markets to replace central bank monetization of deficits, and the banking as a system of intermediation rather than financial accounting. SEC. 103. DEFINITIONS. In this Act: (1) AIDS.--The term ``AIDS'' means the acquired immune deficiency syndrome. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (3) HIV.--The term ``HIV'' means the human immunodeficiency virus, the pathogen that causes AIDS. (4) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to an individual, an individual who is infected with HIV or living with AIDS. SEC. 104. DEVELOPMENT OF A COMPREHENSIVE STRATEGY. The President shall seek to work with the Government of Haiti, the international financial community, civil society, and other international organizations to establish a comprehensive and integrated strategy to combat infectious diseases in Haiti and to establish a comprehensive health infrastructure in Haiti. TITLE II--UNITED STATES ASSISTANCE FOR HAITI SEC. 201. ASSISTANCE FOR HEALTH SECTOR DEVELOPMENT. (a) Statement of Policy.--It is the policy of the United States-- (1) to assist in empowering the people of Haiti, particularly, women, young people and children, socially, economically, and intellectually to seek health as a human right and to prevent the transmission and contraction of HIV/ AIDS, tuberculosis, malaria, and other infectious and endemic diseases; and (2) to ensure that affordable effective health technologies, preventatives, and curatives are widely available to the people of Haiti. (b) Assistance.-- (1) In general.--The President, acting through the Administrator of the United States Agency for International Development, the Director of the Centers for Disease Control and Prevention, and the heads of other appropriate Federal departments and agencies, is authorized to provide assistance, on such terms and conditions as the President may determine, to facilitate the development of the health sector of Haiti. (2) Activities supported.--Assistance provided under paragraph (1) shall, to the maximum extent practicable, be used to carry out the following activities: (A) Develop and expand the health sector in Haiti by expanding the current health infrastructure, targeting resources toward sanitation and water improvements, and developing best practices to fight serious health conditions in the country, including HIV/AIDS, tuberculosis, and malaria. (B) Education, prevention, care, treatment, support, capacity development, and other activities relating to the prevention, treatment, and control of infectious diseases. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2004 and 2005. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 202. ASSISTANCE FOR HEALTH INFRASTRUCTURE DEVELOPMENT. (a) Assistance.-- (1) In general.--The President, acting through the Secretary of State and the United States Army Corps of Engineers, is authorized to provide assistance, on such terms and conditions as the President may determine, to facilitate the development of the basic sanitation and transportation infrastructure of Haiti. (2) Activities supported.--Assistance provided under paragraph (1) shall, to the maximum extent practicable, be used to carry out the following activities: (A) Expand and further develop transportation and infrastructure projects in Haiti, including paving of roads and the availability of a health care vehicle or establishment of an emergency transportation plan in townships or villages located more than 30 to 40 miles away from a health clinic. (B) Commission an environmental impact study focused on the cost of development and paving of primary ``dirt roads'' located up to 30-40 miles away from major health clinics and provide the basic resources for the development and paving of such roads. (b) Report.--The President shall prepare and transmit to the appropriate congressional committees a report that contains the results of the environmental impact study carried out pursuant to subsection (a)(2)(B), including a cost analysis of carrying out the activities described in such subsection. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2004 and 2005. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 203. ASSISTANCE FOR WATER AND SANITATION INFRASTRUCTURE DEVELOPMENT. (a) Assistance.-- (1) In general.--The President, acting through the Secretary of State and the United States Army Corps of Engineers, is authorized to provide assistance, on such terms and conditions as the President may determine, to facilitate the development of the water and sanitation infrastructure of Haiti. (2) Activities supported.--Assistance provided under paragraph (1) shall, to the maximum extent practicable, be used to carry out the following activities: (A) Expand and further develop water and sanitation infrastructure projects in Haiti, including assistance for development of sanitation and trash removal services in urban and rural areas of Haiti, development of sewage systems in areas with populations of at least 100,000 people, assistance and educational resources to improve water quality and delivery, and implementation of community water reserves to be maintained by public- private partnerships. (B) Commission an environmental impact study focused on the effects of the deteriorating water and sanitation conditions in Haiti and provide the necessary resources for the improvement of such conditions. (b) Report.--The President shall prepare and transmit to the appropriate congressional committees a report that contains the results of the environmental impact study carried out pursuant to subsection (a)(2)(B), including a cost analysis of carrying out the activities described in such subsection and subparagraphs (C) and (D) of subsection (a)(2). (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2004 and 2005. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 204. PROFESSIONAL EXCHANGE FOR AREAS IN HAITI SEVERELY AFFECTED BY DILAPIDATED PHYSICAL HEALTH INFRASTRUCTURES. (a) In General.--The President shall establish a program to demonstrate the feasibility of facilitating the service of United States health care professionals and engineers in Haiti and its localities severely affected by dilapidated physical and health infrastructure, including but not limited to development of health clinics and health care, roads and sanitation development, and reconstruction of public facilities such as schools, hospitals, and clinics. (b) Requirements.--Participants in the program shall provide basic services through training and participation, enter into partnerships with nongovernmental organizations and the United States Army Corp of Engineers, facilitate on-the-job training for residents of the area, and serve for a period of up to 3 years. (c) Eligibility Requirements.--Candidates shall be residents of the Unites States who are trained professional in their respective field who meets licensure requirements necessary to be such a professional, including but not limited to physicians, nurses, nurse practictioners, pharmacists, and other types of health care professionals, engineers, architects, and any other individual determined to be appropriate by the President. (d) Recruitment.--The President shall ensure that information on the program is widely distributed, including the distribution of information to schools and universities where professionals attain certification, hospitals, clinics, nongovernmental organizations working in the areas of international health and development, and any other location the President deems fit. (e) Coordination.--Placement of participants in the program shall be coordinated with the United States Agency for International Development in countries in which the Agency is conducting such programs. Overall placement of participants in the program shall be made by the President or his designee. (f) Incentives.--The President may offer such incentives as the President determines to be necessary to encourage individuals to participate in the program, such as partial payment of principal, interest, and related expenses on government and commercials loans for educational expenses relating to professional training in their respective fields, and where possible, deferment of repayments on such loans, the provision of retirement benefits that would otherwise jeopardize participation in the program, and other incentives. (g) Report.--Not later than 18 months after the date of enactment of the Act, the President shall transmit to the appropriate congressional committees a report on steps taken to establish the program, including-- (1) the process of recruitment, including the venues for recruitment, the number of candidates recruited, the incentives offered, if any, and the cost of those incentives; (2) the process, including the criteria used, for the selection of participants; (3) the number of participants placed, the locality in which they were placed, and why those professionals were selected for that particular region of Haiti; and (4) the potential for expansion of the program. (h) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2004 and 2005. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

New Partnership for Haiti Act of 2003 - Directs the President to work with the Government of Haiti and international organizations to establish a comprehensive and integrated strategy to combat infectious diseases in Haiti, including HIV/AIDS, and to establish a comprehensive health infrastructure in Haiti. Authorizes the President: (1) acting through the Administrator of the U.S. Agency for International Development and the Director of the Centers for Disease Control and Prevention, to provide assistance to Haiti to develop its health sector, including by supporting infrastructure and education and prevention activities; and (2) acting through the Secretary of State and the Corps of Engineers, to provide assistance to develop Haiti's basic sanitation and transportation infrastructure. Directs the President to establish a program to recruit U.S. health care professionals and engineers to rebuild the health care and physical infrastructures of Haiti. Authorizes the President to provide financial incentives to encourage such individuals to participate in the program.

To provide assistance to combat infectious diseases in Haiti and to establish a comprehensive health infrastructure in Haiti, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Campaign Reform Act of 1997''. SEC. 2. PROMOTING DISCLOSURE OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. (a) Lowering Threshold for Reporting.-- (1) Responsibilities of political committees.--Section 302(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(c)) is amended by striking ``$200'' each place it appears in paragraphs (3) and (5) and inserting ``$20''. (2) Contents of reports.--Section 304(b) of such Act (2 U.S.C. 434(b)) is amended as follows: (A) In paragraph (3), by striking ``$200'' each place it appears in subparagraphs (A), (F), and (G) and inserting ``$20''. (B) In paragraph (5)(A), by striking ``$200'' and inserting ``$20''. (C) In paragraph (6), by striking ``$200'' each place it appears in subparagraphs (A), (B)(iii), and (B)(v) and inserting ``$20''. (3) Reports on independent expenditures.--Section 304(c) of such Act (2 U.S.C. 434(c)) is amended-- (A) in paragraph (1), by striking ``$250'' and inserting ``$20''; and (B) in paragraph (2)(C), by striking ``$200'' and inserting ``$20''. (b) Increase Penalty for Violation of Disclosure Requirements.-- (1) In general.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is amended by inserting after ``$5,000'' each place it appears in paragraphs (5)(A), (6)(A), and (6)(B) the following: ``(or $10,000 in the case of a violation of any provision relating to the reporting of contributions or expenditures)''. (2) Knowing and willful violations.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is amended by inserting after ``$10,000'' each place it appears in paragraphs (5)(B) and (6)(C) the following: ``(or $20,000 in the case of a violation of any provision relating to the reporting of contributions or expenditures)''. SEC. 3. BAN ON SOFT MONEY. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``limitations and reporting requirements for amounts paid for mixed political activities ``Sec. 323. (a) In General.--Any payment by the national committee of a political party or a State committee of a political party for a mixed political activity-- ``(1) shall be subject to limitation and reporting under this Act as if such payment were an expenditure; and ``(2) may be paid only from an account that is subject to the requirements of this Act. ``(b) Mixed Political Activity Defined.--As used in this section, the term `mixed political activity' means, with respect to a payment by the national committee of a political party or a State committee of a political party, an activity (such as a voter registration program, a get-out-the-vote drive, or general political advertising) that is both for the purpose of influencing an election for Federal office and for any purpose unrelated to influencing an election for Federal office.''. SEC. 4. TREATMENT OF LIMITATIONS ON AMOUNT OF CONTRIBUTIONS. (a) Reduction in Amount of Limitation on Contributions by PACs.-- Section 315(a)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is amended-- (1) by striking ``$5,000'' each place it appears in subparagraphs (A) and (C) and inserting ``$4,000''; and (2) in subparagraph (B), by striking ``$15,000'' and inserting ``$12,000''. (b) Indexing of Amounts.--Section 315(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended by adding at the end the following new paragraph: ``(3)(A) The amount of each limitation established under subsection (a) shall be adjusted as follows: ``(i) For calendar year 1999, each such amount shall be equal to the amount described in such subsection, increased (in a compounded manner) by the percentage increase in the price index (as defined in subsection (c)(2)) for 1997 and 1998. ``(ii) For calendar year 2001 and each second subsequent year, each such amount shall be equal to the amount for the second previous year (as adjusted under this subparagraph), increased (in a compounded manner) by the percentage increase in the price index for the previous year and the second previous year. ``(B) In the case of any amount adjusted under this subparagraph which is not a multiple of $500, the amount shall be rounded to the nearest highest multiple of $500.''. SEC. 5. PROHIBITING CONTRIBUTIONS BY NONCITIZENS. Section 319(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b)) is amended to read as follows: ``(b) In this section, the term `foreign national' means-- ``(1) in the case of an individual, an individual who is not a citizen of the United States; or ``(2) in the case of any other person, a person who makes a contribution any portion of which is attributable to funds of individuals who are not citizens of the United States.''. SEC. 6. TREATMENT OF CERTAIN EXPENDITURES AS INDEPENDENT EXPENDITURES FOR PURPOSES OF DISCLOSURE REQUIREMENTS. Section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)) is amended by inserting after ``clearly identified candidate'' the following: ``(together with, in the case of an expenditure made during the 120-day period ending on the date of an election, any expenditure made with respect to any written or broadcast material which includes the name or likeness of a candidate in that election)''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to elections occurring after 1996.

Federal Election Campaign Reform Act of 1997 - Amends the Federal Election Campaign Act of 1971 to lower the monetary threshold requirements with respect to: (1) political committee contribution and expenditure recordkeeping and reporting; and (2) independent expenditure reporting. Subjects payments by national and State political party committees for mixed political activities (soft money) to account and expenditure limitation and reporting requirements. Provides for limitation indexing. Prohibits contributions by noncitizens. Revises the definition of "independent expenditure" for disclosure purposes.

Federal Election Campaign Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Exchange Rate Policy Reporting Act of 1994''. SEC. 2. PRESENTATION OF SEMIANNUAL REPORTS OF FEDERAL RESERVE BOARD TO CONGRESS. (a) In General.--Section 2A of the Federal Reserve Act (12 U.S.C. 225(a)) is amended-- (1) by striking ``The Board of Governors of the Federal Reserve System'' where such term appears in the 1st sentence and inserting ``(a) In General.--The Board of Governors of the Federal Reserve System''; and (2) by adding at the end the following new subsections: ``(b) Presentation of Reports to the Congress.-- ``(1) In general.--During the 30-day periods ending on February 20 and July 20 of each year, the Chairman of the Board of Governors of the Federal Reserve System shall appear before the Committee on Banking, Finance and Urban Affairs of the House of Representatives and Committee on Banking, Housing, and Urban Affairs of the Senate, upon the invitation of the chairman of each such committee, to present and discuss the reports required under subsection (a). ``(2) Appearance with secretary of the treasury.--The Chairman of the Board of Governors of the Federal Reserve System shall make the appearance required under paragraph (1) at the same time as the Secretary of the Treasury appears before such committees pursuant to section 3005 of the Omnibus Trade and Competitiveness Act of 1988. ``(c) Effect of Monetary Policy on Exchange Rate.--Each report required under this section shall contain a description of-- ``(1) the effect the conduct of monetary policy is having on the exchange rate of the United States dollar and the effect the Board anticipates such policy will have on the exchange rate; and ``(2) the current and anticipated impact of the exchange rate and any anticipated change in the exchange rate on domestic interest rates, employment, production, inflation, wages, and economic growth. ``(d) Information on Currency Swaps.-- ``(1) In general.--Each report required under this section shall contain a description of-- ``(A) all currency swap agreements in effect with any foreign entity; ``(B) any change since the preceding report in any inventory of currencies under the Board's control; and ``(C) foreign loans and lines of credit from or to, any foreign entity which are outstanding at the time of the report. ``(2) Detailed descriptions.--The report shall include a detailed description of-- ``(A) any foreign entity referred to in paragraph (1); ``(B) all conditions of any swap agreement or currency transaction referred to in paragraph (1); and ``(C) the reasons for, and the benefits of, any such agreement or transaction. ``(e) July Updates.--The report submitted by July 20 of each year shall contain-- ``(1) a statement of the anticipated effect the conduct of monetary policy will have on exchange rates during the next calendar year; and ``(2) a statement of the anticipated changes which will occur with respect to the matters required to be reported under subsection (c) and (d). SEC. 3. REPORTS OF THE SECRETARY OF THE TREASURY UNDER THE OMNIBUS TRADE AND COMPETITIVENESS ACT OF 1988. Section 3005 of the Omnibus Trade and Competitiveness Act of 1988 (22 U.S.C. 5305) is amended-- (1) in subsection (a)-- (A) by striking ``October 15'' and inserting ``February 20 and July 20''; and (B) by striking the 2d and 3d sentences; (2) by redesignating subsection (c) as subsection (g); and (3) in subsection (b)-- (A) by striking paragraph (5); and (B) by redesignating paragraphs (1) through (8) as paragraphs (4) through (10) and inserting before paragraph (4) (as so redesignated) the following new paragraphs: ``(1) a statement of-- ``(A) the Secretary's plans and objectives with respect to the exchange rate of the United States dollar; and ``(B) the extent to which the Secretary has been successful in achieving such objectives; ``(2) an analysis of-- ``(A) the factors that are currently affecting the exchange rate of the dollar; and ``(B) the current and anticipated impact of the exchange rate of the dollar on-- ``(i) domestic interest rates, employment, production, inflation, wages, and economic growth; ``(ii) the current account and the financial and capital account of the United States; ``(iii) the international competitive performance of United States industries; and ``(iv) the external indebtedness of the United States; ``(3) a description of-- ``(A) all currency swap agreements in effect with any foreign entity; ``(B) any change since the preceding report in any inventory of currencies under the Secretary's control; and ``(C) foreign loans and lines of credit from or to, any foreign entity which are outstanding at the time of the report;''; (4) by inserting after subsection (b) the following new subsections: ``(c) Changes in Policy.-- ``(1) In general.--This section shall not be construed as requiring the plans disclosed in any report under subsection (a) to be carried out by the Secretary after such report is submitted to the Congress if the Secretary determines that, because of changing conditions and circumstances, such policies cannot or should not be carried out or the objectives for such plans cannot be achieved. ``(2) Report on determination.--If the Secretary makes any determination described in paragraph (1) with respect to any plans and objectives, the Secretary shall include in the next report under subsection (a) after such determination an explanation for any revision or deviation from the plan or objective. ``(d) Reports on Interventions.--If the Secretary intervenes, or directs the Board of Governors of the Federal Reserve System or any Federal reserve bank to intervene, in the currency markets, the Secretary shall submit a report to the Congress before the end of the 24-hour period beginning at the time such intervention begins describing the factors which prompted the intervention and the objectives of the intervention. ``(e) July Updates.--The report submitted by July 20 of each year shall contain-- ``(1) a statement of the Secretary's plans and objectives with respect to the exchange rate of the United States dollar during the next calendar year; and ``(2) a statement of the anticipated changes which will occur with respect to the matters required to be reported under paragraphs (2) and (3) of subsection (b). ``(f) Appearance Before Congressional Committees With the Chairman of the Federal Reserve Board.--The Secretary shall appear before the Committee on Banking, Finance and Urban Affairs of the House of Representatives and Committee on Banking, Housing, and Urban Affairs of the Senate, upon the invitation of the chairman of each such committee, to present the report required under this section and answer questions relating to the report and United States policy at the same time as the Chairman of the Board of Governors of the Federal Reserve System appears before such committees pursuant to section 2A(b) of the Federal Reserve Act.''.

Exchange Rate Policy Reporting Act of 1994 - Amends the Federal Reserve Act to direct the Chairman of the Board of Governors of the Federal Reserve System (the Board) to report to certain congressional committees biannually and contemporaneously with the Secretary of the Treasury on the effect of monetary policy upon: (1) the exchange rate of the dollar; and (2) the status of currency swap agreements with any foreign entity. Amends the Omnibus Trade and Competitiveness Act of 1988 to modify the Secretary's report to such committees to include: (1) the Secretary's objectives with respect to the exchange rate of the dollar; (2) a specified analysis of the exchange rate of the dollar; and (3) the status of currency swap agreements with any foreign entity. Instructs the Secretary to report to the Congress within 24 hours if the Secretary intervenes, or directs the Board or any Federal Reserve Bank to intervene, in the currency markets.

Exchange Rate Policy Reporting Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Economic Recovery Act of 2012''. SEC. 2. CREDIT FOR ACQUISITION OF MANUFACTURING PROPERTY. (a) In General.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to Rules for computing credit for investment in certain depreciable property) is amended by inserting after section 48D the following new section: ``SEC. 48E. ACQUISITION OF MANUFACTURING PROPERTY. ``(a) In General.--For purposes of section 46, the manufacturing recovery credit for any taxable year is an amount equal to-- ``(1) the applicable percentage of the taxpayer's basis in manufacturing real property placed in service by the taxpayer during the taxable year, and ``(2) the applicable percentage of the taxpayer's basis in manufacturing tangible personal property placed in service by the taxpayer during the taxable year. ``(b) Applicable Percentages.--For purposes of this section-- ``(1) Real property.--In the case of manufacturing real property, the applicable percentage is-- ``(A) 10 percent in the case of property located on existing manufacturing property, ``(B) 15 percent in the case property of located on former manufacturing property, and ``(C) 20 percent in the case of property located on future manufacturing property. ``(2) Tangible personal property.--In the case of manufacturing tangible personal property, the applicable percentage shall be determined in accordance with the following table: ---------------------------------------------------------------------------------------------------------------- To the extent To the extent To the extent located on located on located on existing former future ``If the aggregate manufacturing tangible personal property manufacturing manufacturing manufacturing placed in service during the taxable year is: property, the property, the property, the applicable applicable applicable percentage is: percentage is: percentage is: ---------------------------------------------------------------------------------------------------------------- Not over $250,000............................................... 5 percent 10 percent 15 percent Over $250,000 but not over $1,000,000........................... 7.5 percent 12.5 percent 17.5 percent Over $1,000,000................................................. 10 percent 15 percent 20 percent. ---------------------------------------------------------------------------------------------------------------- ``(3) Increased credit for property located in economically disadvantaged areas.-- ``(A) In general.--If the manufacturing property is located in an economically disadvantaged area, each of the percentages under paragraphs (1) and (2) shall be increased by 5 percentage points. ``(B) Extremely economically disadvantaged areas.-- If the manufacturing property is located in an extremely economically disadvantaged area, each of the percentages under paragraphs (1) and (2) shall be increased by 10 percentage points. ``(C) Economically disadvantaged areas.--For purposes of this paragraph-- ``(i) In general.--The term `economically disadvantaged area' means any area-- ``(I) for which there is a single 5-digit postal zip code, and ``(II) which includes any portion of a census tract in which the median annual household income is less than $40,000 per year. ``(ii) Extremely economically disadvantaged areas.--The term `extremely economically disadvantaged area' means any area which would be described in clause (i) if `$32,000' were substituted for `$40,000' in subclause (II) thereof. ``(iii) Household income.--Median annual household income shall be determined using the 2010 census, as updated by the American Community Survey of the Bureau of the Census. ``(iv) Areas not within census tracts.--In the case of an area which is not tracted for population census tracts, the equivalent county divisions (as defined by the Bureau of the Census for purposes of defining poverty areas) shall be used for purposes of determining median annual household income. ``(c) Manufacturing Property.--For purposes of this section-- ``(1) Manufacturing property.-- ``(A) In general.--The term `manufacturing property' means tangible property used in the United States in the trade or business of manufacturing tangible personal property. ``(B) Manufacturing of residential real property not included.--Such term does not include property used to manufacture residential real property, including such property used on a transient basis. ``(2) Existing manufacturing property.--The term `existing manufacturing property' means any property which was a manufacturing facility, or a part of a manufacturing facility, at any time during the period beginning 5 years before the date of the enactment of this section and ending on the day before its purchase by the taxpayer. ``(3) Former manufacturing property.--The term `former manufacturing property' means any property (other than an existing manufacturing property) which was a manufacturing facility, or a part of a manufacturing facility, at any time before the period described in paragraph (2). ``(4) Future manufacturing property.--The term `future manufacturing property' means any existing or former manufacturing property on which there are no permanent vertical structures. ``(5) Manufacturing real property.--The term `manufacturing real property' means manufacturing property which is land or section 1250 property (as defined in section 1250(c)). ``(6) Manufacturing tangible personal property.--The term `manufacturing tangible personal property' means manufacturing property which is tangible property other than manufacturing real property. ``(d) Credit Not Allowable for Certain Relocations of Manufacturing Facilities.--This section shall not apply to property acquired as part of a relocation of a manufacturing facility unless the new location-- ``(1) is in a different State than the prior location, or ``(2) is more than 100 miles from the prior location. ``(e) Special Rules.-- ``(1) Credit not allowable if remediation deduction claimed.--This section shall not apply to any property located on a site with respect to which the taxpayer (or a related party) is allowed a deduction under section 198 (relating to expensing of environmental remediation costs). ``(2) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section for an expenditure related to property, the basis of such property shall be reduced by the amount of such credit. ``(3) Controlled groups.--For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single taxpayer.''. (b) Inclusion as Part of Investment Credit.--Section 46 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting ``, and'', and by adding at the end the following new paragraph: ``(7) the manufacturing recovery credit.''. (c) Conforming Amendments.-- (1) Section 49(a)(1)(C) of such Code is amended-- (A) by striking ``and'' at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting ``, and'', and (C) by adding at the end the following new clause: ``(vii) the basis of any property which is manufacturing property under section 48E.''. (2) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48D the following new item: ``Sec. 48E. Acquisition of manufacturing property.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act in taxable years ending after such date. SEC. 3. INCENTIVES FOR HIRING MANUFACTURING RECOVERY EMPLOYEES. (a) In General.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(J) a manufacturing recovery employee.''. (b) Manufacturing Recovery Employee.--Subsection (d) of section 51 of such Code is amended by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively, and by inserting after paragraph (10) the following new paragraph: ``(11) Manufacturing recovery employee.-- ``(A) In general.--The term `manufacturing recovery employee' means any individual who is certified by the designated local agency as having a hiring date which is after the date of the enactment of the Manufacturing Economic Recovery Act of 2012 and before the close of the 3-year period beginning on the date that the employer first operated the manufacturing facility at which the individual is employed. ``(B) Increased credit for hiring unemployed.--In the case of a manufacturing recovery employee who is certified by the designated local agency as having received unemployment compensation under State or Federal law for not less than 4 weeks during the 3-year period ending on the hiring date, subsection (a) shall be applied by substituting `50 percent' for `40 percent'. ``(C) No credit for less than full-time employment.--An individual shall not be treated as a manufacturing recovery employee for any week during which-- ``(i) the individual is employed by the employer for less than 35 hours at a manufacturing facility of the employer, or ``(ii) the individual performs less than 90 percent of individual's services for the employer at the manufacturing facility. ``(D) Manufacturing facility must be in united states.--No credit shall be allowable by reason of this paragraph unless the manufacturing facility is located in the United States.''. (c) Permanent Credit for Manufacturing Recovery Employees.-- Paragraph (4) of section 51(c) of such Code (relating to termination) is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to any manufacturing recovery employee.''. (d) Effective Date.--The amendments made by this section shall apply to individuals who first begin work for the employer after the date of the enactment of this Act.

Manufacturing Economic Recovery Act of 2012 - Amends the Internal Revenue Code to allow: (1) a manufacturing recovery tax credit for investment in manufacturing real and tangible personal property used in the United States, including an increased credit for manufacturing property located in an economically disadvantaged area and an extremely economically disadvantaged area; (2) an additional investment tax credit for manufacturing property; and (3) a work opportunity tax credit for hiring an employee in a manufacturing facility located in the United States (manufacturing recovery employee), including an increased credit for hiring individuals receiving unemployment compensation.

To amend the Internal Revenue Code of 1986 to provide incentives for the expansion of manufacturing in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Buildings Cost Reduction Act of 2007''. SEC. 2. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM. (a) Establishment.-- (1) In general.--The Administrator of General Services (referred to in this section as the ``Administrator'') shall establish a program to accelerate the use of more cost- effective technologies and practices at GSA facilities. (2) Requirements.--The program established under this subsection shall-- (A) ensure centralized responsibility for the coordination of cost reduction recommendations, practices, and activities of all relevant Federal agencies; (B) provide technical assistance and operational guidance to applicable tenants in order to achieve the goals identified in subsection (c)(2)(A); and (C) establish methods to track the success of departments and agencies with respect to the goals identified in subsection (c)(2)(A). (b) Accelerated Use of Cost-Effective Lighting Technologies.-- (1) Review.-- (A) In general.--As part of the program under this subsection, not later than 90 days after the date of enactment of this Act, the Administrator shall conduct a review of-- (i) current use of cost-effective lighting technologies in GSA facilities; and (ii) the availability to managers of GSA facilities of cost-effective lighting technologies. (B) Requirements.--The review under subparagraph (A) shall-- (i) examine the use of cost-effective lighting technologies and other cost-effective technologies and practices by Federal agencies in GSA facilities; and (ii) identify, in consultation with the Environmental Protection Agency, cost-effective lighting technology standards that could be used for all types of GSA facilities. (2) Replacement.-- (A) In general.--As part of the program under this subsection, not later than 180 days after the date of enactment of this Act, the Administrator shall establish a cost-effective lighting technology acceleration program to achieve maximum feasible replacement of existing lighting technologies with more cost-effective lighting technologies in each GSA facility using available appropriations. (B) Acceleration plan timetable.-- (i) In general.--To implement the program established under subparagraph (A), not later than 1 year after the date of enactment of this Act, the Administrator shall establish a timetable including milestones for specific activities needed to replace existing lighting technologies with more cost-effective lighting technologies, to the maximum extent feasible (including at the maximum rate feasible), at each GSA facility. (ii) Goal.--The goal of the timetable under clause (i) shall be to complete, using available appropriations, maximum feasible replacement of existing lighting technologies with more cost-effective lighting technologies by not later than the date that is 5 years after the date of enactment of this Act. (c) GSA Facility Cost-Effective Technologies and Practices.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall-- (1) ensure that a manager responsible for accelerating the use of cost-effective technologies and practices is designated for each GSA facility; and (2) submit to Congress a plan, to be implemented to the maximum extent feasible (including at the maximum rate feasible) using available appropriations, by not later than the date that is 5 years after the date of enactment of this Act, that-- (A) identifies the specific activities needed to achieve a 20-percent reduction in operational costs through the application of cost-effective technologies and practices from 2003 levels at GSA facilities by not later than 5 years after the date of enactment of this Act; (B) describes activities required and carried out to estimate the funds necessary to achieve the reduction described in subparagraph (A); (C) describes the status of the implementation of cost-effective technologies and practices at GSA facilities, including-- (i) the extent to which programs, including the program established under subsection (b), are being carried out in accordance with this Act; and (ii) the status of funding requests and appropriations for those programs; (D) identifies within the planning, budgeting, and construction process all types of GSA facility-related procedures that inhibit new and existing GSA facilities from implementing cost-effective technologies and practices; (E) recommends language for uniform standards for use by Federal agencies in implementing cost-effective technologies and practices; (F) in coordination with the Office of Management and Budget, reviews the budget process for capital programs with respect to alternatives for-- (i) permitting Federal agencies to retain all identified savings accrued as a result of the use of cost-effective technologies and practices; and (ii) identifying short- and long-term cost savings that accrue from cost-effective technologies and practices; (G) achieves cost savings through the application of cost-effective technologies and practices sufficient to pay the incremental additional costs of installing the cost-effective technologies and practices by not later than the date that is 5 years after the date of installation; and (H) includes recommendations to address each of the matters, and a plan for implementation of each recommendation, described in subparagraphs (A) through (G). (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended. SEC. 3. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT PROGRAM FOR LOCAL GOVERNMENTS. (a) Grant Program.-- (1) In general.--The Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') shall establish a demonstration program under which the Administrator shall provide competitive grants to assist local governments (such as municipalities and counties), with respect to local government buildings-- (A) to deploy cost-effective technologies and practices; and (B) to achieve operational cost savings, through the application of cost-effective technologies and practices, as verified by the Administrator. (2) Cost sharing.-- (A) In general.--The Federal share of the cost of an activity carried out using a grant provided under this section shall be 40 percent. (B) Waiver of non-federal share.--The Administrator may waive up to 100 percent of the local share of the cost of any grant under this section should the Administrator determine that the community is economically distressed, pursuant to objective economic criteria established by the Administrator in published guidelines. (3) Maximum amount.--The amount of a grant provided under this subsection shall not exceed $1,000,000. (b) Guidelines.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall issue guidelines to implement the grant program established under subsection (a). (2) Requirements.--The guidelines under paragraph (1) shall establish-- (A) standards for monitoring and verification of operational cost savings through the application of cost-effective technologies and practices reported by grantees under this section; (B) standards for grantees to implement training programs, and to provide technical assistance and education, relating to the retrofit of buildings using cost-effective technologies and practices; and (C) a requirement that each local government that receives a grant under this section shall achieve facility-wide cost savings, through renovation of existing local government buildings using cost- effective technologies and practices, of at least 40 percent as compared to the baseline operational costs of the buildings before the renovation (as calculated assuming a 3-year, weather-normalized average). (c) Compliance With State and Local Law.--Nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the relevant requirement of this section. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2007 through 2012. (e) Reports.-- (1) In general.--The Administrator shall provide annual reports to Congress on cost savings achieved and actions taken and recommendations made under this section, and any recommendations for further action. (2) Final report.--The Administrator shall issue a final report at the conclusion of the program, including findings, a summary of total cost savings achieved, and recommendations for further action. (f) Termination.--The program under this section shall terminate on September 30, 2012. SEC. 4. DEFINITIONS. In this Act: (1) Cost-effective lighting technology.-- (A) In general.--The term ``cost-effective lighting technology'' means a lighting technology that-- (i) will result in substantial operational cost savings by ensuring an installed consumption of not more than 1 watt per square foot; or (ii) is contained in a list under-- (I) section 553 of Public Law 95- 619 (42 U.S.C. 8259b); and (II) Federal acquisition regulation 23-203. (B) Inclusions.--The term ``cost-effective lighting technology'' includes-- (i) lamps; (ii) ballasts; (iii) luminaires; (iv) lighting controls; (v) daylighting; and (vi) early use of other highly cost- effective lighting technologies. (2) Cost-effective technologies and practices.--The term ``cost-effective technologies and practices'' means a technology or practice that-- (A) will result in substantial operational cost savings by reducing utility costs; and (B) complies with the provisions of section 553 of Public Law 95-619 (42 U.S.C. 8259b) and Federal acquisition regulation 23-203. (3) Operational cost savings.-- (A) In general.--The term ``operational cost savings'' means a reduction in end-use operational costs through the application of cost-effective technologies and practices, including a reduction in electricity consumption relative to consumption by the same customer or at the same facility in a given year, as defined in guidelines promulgated by the Administrator pursuant to section 3(b), that achieves cost savings sufficient to pay the incremental additional costs of using cost-effective technologies and practices by not later than the date that is 5 years after the date of installation. (B) Inclusions.--The term ``operational cost savings'' includes savings achieved at a facility as a result of-- (i) the installation or use of cost- effective technologies and practices; or (ii) the planting of vegetation that shades the facility and reduces the heating, cooling, or lighting needs of the facility. (C) Exclusion.--The term ``operational cost savings'' does not include savings from measures that would likely be adopted in the absence of cost- effective technology and practices programs, as determined by the Administrator. (4) GSA facility.-- (A) In general.--The term ``GSA facility'' means any building, structure, or facility, in whole or in part (including the associated support systems of the building, structure, or facility) that-- (i) is constructed (including facilities constructed for lease), renovated, or purchased, in whole or in part, by the Administrator for use by the Federal Government; or (ii) is leased, in whole or in part, by the Administrator for use by the Federal Government-- (I) except as provided in subclause (II), for a term of not less than 5 years; or (II) for a term of less than 5 years, if the Administrator determines that use of cost-effective technologies and practices would result in the payback of expenses. (B) Inclusion.--The term ``GSA facility'' includes any group of buildings, structures, or facilities described in subparagraph (A) (including the associated energy-consuming support systems of the buildings, structures, and facilities). (C) Exemption.--The Administrator may exempt from the definition of ``GSA facility'' under this paragraph a building, structure, or facility that meets the requirements of section 543(c) of Public Law 95-619 (42 U.S.C. 8253(c)).

Public Buildings Cost Reduction Act of 2007 - (Sec. 2) Requires the Administrator of General Services to establish a program to accelerate the use of more cost-effective technologies and practices at General Services Administration (GSA) facilities. Requires such program to: (1) ensure centralized responsibility for the coordination of cost reduction recommendations, practices, and activities of all relevant federal agencies; (2) provide technical assistance and operational guidance to tenants in order to achieve a 20% reduction in operational costs through the application of cost-effective technologies and practices from 2003 levels at GSA facilities by not later than five years after this Act's enactment; and (3) establish methods to track the success of departments and agencies with respect to the reduction goal. Requires the Administrator, as part of such program, to: (1) review the current use of cost-effective lighting technologies in GSA facilities and the availability to managers of GSA facilities of cost-effective lighting technologies; and (2) establish a cost-effective lighting technology acceleration program to achieve maximum feasible replacement of existing lighting technologies with more cost-effective lighting technologies in each GSA facility using available appropriations. Requires the Administrator to annually ensure that a manager responsible for accelerating the use of cost-effective technologies and practices is designated for each GSA facility. Requires the Administrator to annually submit to Congress a plan that: (1) identifies the specific activities needed to achieve a 20% reduction in operational costs; (2) describes activities required and carried out to estimate the funds necessary to achieve such reduction; (3) describes the status of the implementation of cost-effective technologies and practices at GSA facilities; (4) identifies within the planning, budgeting, and construction process all types of GSA facility-related procedures that inhibit new and existing GSA facilities from implementing cost-effective technology and practices; (5) recommends language for uniform standards for use by federal agencies in implementing cost-effective technologies and practices; (6) reviews the budget process for capital programs with respect to alternatives for permitting federal agencies to retain all identified savings accrued as a result of the use of cost-effective technologies and practices and identifying cost savings that accrue from cost-effective technologies and practices; (7) achieves cost savings through the application of such technologies and practices sufficient to pay the incremental additional costs of installing them by not later than the five years after the date of installation; and (8) includes recommendations to address each of the matters and a plan for implementation of each recommendation. (Sec. 3) Requires the Administrator of the Environmental Protection Agency (EPA) to establish a demonstration program under which the Administrator shall provide competitive grants program to assist local governments with respect to local government buildings to: (1) deploy cost-effective technologies and practices; and (2) achieve operational cost savings, through the application of such technologies and practices. Provides that the federal share of the cost of an activity carried out using a grant shall be 40%. Requires the Administrator to waive up to 100% of the local share of the cost of any grant under this Act if the community is economically distressed, pursuant to objective economic criteria established by the Administrator. Requires the Administrator to issue guidelines to implement the grant program. Authorizes appropriations to carry out this Act. Requires the Administrator to report to Congress on the cost savings achieved, action taken, recommendations made under this Act, and any recommendations for further action. Terminates the program on September 30, 2012.

A bill to achieve emission reductions and cost savings through accelerated use of cost-effective lighting technologies in public buildings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Workforce Modernization Act''. SEC. 2. TRANSPORTATION WORKER RETRAINING GRANT PROGRAM. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation may make grants under this section to institutions of higher education, a consortium of such institutions to establish curriculum for a transportation worker retraining program, or trade associations and other nongovernmental stakeholders. (b) Responsibilities.--The responsibilities of each grant recipient or consortium of recipients shall include developing a curriculum to establish a transportation worker retraining program aimed at training and preparing workers who have been separated from their jobs for a period determined by the Secretary or have received notice of impending job loss as a result of being replaced by automated driving systems of SAE (Society of Automotive Engineers) level 4 or higher. Individuals who apply and are accepted to a transportation worker retraining program shall pursue a degree or certification through the developed coursework or curriculum. Grant recipients may use funds for studies, pilot programs, as well as testing new roles for current jobs, including mechanical work, diagnostic, and fleet operations management. (c) General Selection Criteria.--The Secretary shall select recipients of grants under this subsection on the basis of the following criteria: (1) The demonstrated research and extension resources available to a grant recipient for carrying out this section. (2) The capability of a grant recipient to develop curriculum in the training or retraining of individuals described in subsection (b) as a result of driverless vehicles. (3) A grant recipient shall have an established transportation program or programs with expertise in solving transportation problems through research, training, education, and technology and sharing such information with other programs. (4) The demonstrated commitment of the recipient to carry out a transportation workforce development program through degree-granting programs or programs that provide other industry-recognized credentials. (d) Federal Share.--The Federal share of a grant under this section shall be a dollar for dollar match of the costs of establishing and administering the retraining program and related activities carried out by the grant recipient or consortium of grant recipients. (e) Transparency.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives a report describing the overall review process under paragraph (3) that includes-- (1) specific criteria of evaluation used in the review; (2) descriptions of the review process; and (3) explanations of why recipients were selected. (f) Tracking of Certain Information.--Not later than 1 year after grant awards are made under this section, the Secretary shall implement a reporting or tracking mechanism to determine-- (1) from which sectors of industry are displaced transportation workers coming from; (2) what skills and professions are participants being retrained for; (3) how many workers have used the program; and (4) relevant demographic information. (g) Definition of Institution of Higher Learning.--For purposes of this Act the term ``institution of higher education'' has the same meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $25,000,000 to be used in fiscal years 2020, 2021, and 2022 to carry out this section. Each recipient may receive a one-time grant in an amount determined by the Secretary of Transportation. (2) Limitation on availability of amounts.--Amounts made available to the Secretary to carry out this section shall remain available for obligation by the Secretary for a period of 3 years after the last day of the fiscal year for which the amounts are authorized. SEC. 3. GAO STUDY. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall conduct a study and report to Congress regarding the impact of driverless vehicle adoption-- (1) on the Nation's workforce; (2) on the trucking, freight movement, and personal transportation industries; (3) on lost wages; (4) on job loss, including the economic impact on each region of the United States; and (5) on the creation of new jobs and how such transportation sector jobs would change.

Transportation Workforce Modernization Act This bill authorizes the Department of Transportation to make grants to institutions of higher education and other entities to establish curriculum for a transportation worker retraining program for workers displaced by the adoption of automated driving systems. The Government Accountability Office shall study and report on the impact of driverless vehicle adoption on specified sectors of the economy.

Transportation Workforce Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Education Act of 1994''. TITLE I--TARGETED JOBS CREDIT FOR SCHOOL-TO-WORK PROGRAMS SEC. 101. TARGETED JOBS CREDIT FOR PARTICIPANTS IN APPROVED SCHOOL-TO- WORK PROGRAMS. (a) In General.--Subparagraph (I) of section 51(d)(1) of the Internal Revenue Code of 1986 (defining members of targeted group) is amended to read as follows: ``(I) a qualified participant in an approved school-to-work program, or''. (b) Qualified Participant in an Approved School-To-Work Program.-- Paragraph (10) of section 51(d) of such Code is amended to read as follows: ``(10) Qualified participant in an approved school-to-work program defined.-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `qualified participant in an approved school-to-work program' means any individual who is certified under an approved school-to-work program as-- ``(i) having attained age 16 but not having attained age 23, and ``(ii) being enrolled in and making satisfactory progress in completing such approved school-to-work program. ``(B) Limitation on number of participants.-- ``(i) In general.--Any individual who begins work for the employer during any calendar year shall not be treated as a qualified participant in an approved school-to- work program unless the individual is certified under such program as an eligible participant with respect to such calendar year. ``(ii) Limitation on certifications.--The aggregate number of individuals certified under an approved school-to-work program as eligible participants with respect to any calendar year shall not exceed the portion of the national school-to-work program limitation for such calendar year allocated under subsection (m) to such program. ``(C) Approved school-to-work program.--The term `approved school-to-work program' means any program which-- ``(i) is a planned program of structured job training designed to integrate academic instruction provided by an educational institution and work-based learning provided by an employer, and ``(ii) is approved by the Secretary of Labor acting through the Bureau of Job Apprenticeship. ``(D) Wages.--In the case of remuneration attributable to services performed while the individual meets the requirements of subparagraph (A), wages, and unemployment insurance wages, shall be determined without regard to section 3306(c)(10)(C). ``(E) Cross reference.-- ``For special rules and limitations applicable to credit for qualified participants in approved school-to- work programs, see subsections (l) and (m).'' (c) Special Rules and Overall Limitations.--Section 51 of such Code is amended by adding at the end thereof the following new subsections: ``(l) Special Rules for Credit for Approved School-To-Work Program Participants.-- ``(1) Termination not applicable.--Paragraph (4) of subsection (c) shall not apply in the case of any qualified participant in an approved school-to-work program. ``(2) Credit not limited to first year wages.--The credit determined under subsection (a) with respect to any qualified participant in an approved school-to-work program shall be equal to 40 percent of the lesser of-- ``(A) the wages paid or incurred by the employer during such taxable year to such qualified participant, or ``(B) $6,000 reduced by the amount of wages taken into account by the employer for any prior taxable year with respect to such qualified participant. ``(3) Early termination of employment.-- ``(A) In general.--If the employment of any qualified participant in an approved school-to-work program is terminated by the taxpayer before the day 1 year after the day on which such qualified participant began work for the employer-- ``(i) no wages with respect to such participant shall be taken into account under this section for the taxable year in which such employment is terminated, and ``(ii) the tax under this chapter for the taxable year in which such employment is terminated shall be increased by the aggregate credits (if any) allowed under section 38 for prior taxable years by reason of wages taken into account with respect to such qualified participant. ``(B) Certain exceptions and other rules made applicable.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 45A(d) shall apply for purposes of subparagraph (A). ``(m) Overall Limitation on Approved School-To-Work Program Participants.-- ``(1) In general.--For purposes of subsection (d)(10), the national school-to-work program limitation-- ``(A) for calendar year 1995 is 100,000, ``(B) for calendar year 1996 is 150,000, ``(C) for calendar year 1997 is 175,000, and ``(D) for calendar year 1998 and any subsequent calendar year is 200,000. ``(2) Allocation to states.--The national school-to-work program limitation for any calendar year shall be allocated among the States in proportion to the number of their eligible participants that are estimated to be served in approved school-to-work programs for that year. Such estimates shall be published by the Secretary of Labor acting through the Bureau of Job Apprenticeship before the beginning of the calendar year to which the allocation applies. ``(3) Allocation to approved school-to-work programs.--The portion of the national school-to-work program limitation for any calendar year which is allocated to any State shall be allocated among the approved school-to-work programs in such State in such manner as the Secretary of Labor acting through the Bureau of Job Apprenticeship shall prescribe.'' (d) Effective Date.--The amendments made by this section shall apply in the case of individuals who begin work for the employer after December 31, 1994. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL AND COMMUNITY SERVICE ACT OF 1990 SEC. 201. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL SERVICE TRUST PROGRAM, NATIONAL SERVICE EDUCATIONAL AWARDS, AND QUALITY AND INNOVATION ACTIVITIES. Section 501(a)(2)(A) of the National and Community Service Act of 1990 (42 U.S.C. 12681(a)(2)(A)) is amended by striking ``$500,000,000 for fiscal year 1995, and $700,000,000 for fiscal year 1996'' and inserting ``$1,000,000,000 for fiscal year 1995, $1,400,000,000 for fiscal year 1996, and $3,000,000,000 for each of the fiscal years 1997 through 1999''. SEC. 202. AUTHORIZATION OF APPROPRIATIONS FOR CIVILIAN COMMUNITY CORPS DEMONSTRATION PROGRAM. Section 501(a)(3) of the National and Community Service Act of 1990 (42 U.S.C. 12681(a)(3)) is amended by striking ``through 1996'' and inserting ``through 1999''. SEC. 203. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION OF THE NATIONAL AND COMMUNITY SERVICE ACT OF 1990. Section 501(a)(4)(A) of the National and Community Service Act of 1990 (42 U.S.C. 12681(a)(4)(A)) is amended by striking ``$60,000,000 for fiscal year 1995, and $70,000,000 for fiscal year 1996'' and inserting ``$80,000,000 for fiscal year 1995, $90,000,000 for fiscal year 1996, and $100,000,000 for each of the fiscal years 1997 through 1999''. TITLE III--STUDY AND REPORT RELATING TO CONSOLIDATION OF FEDERAL DISLOCATED WORKER PROGRAMS SEC. 301. STUDY. (a) In General.--The Secretary of Labor shall conduct a study on the feasibility of consolidating the administration of the Federal dislocated worker programs described in subsection (b) into a single comprehensive program, the goals of which are-- (1) to speed up the process of determining the eligibility of individuals for training and related services under such programs; (2) to give such individuals increased flexibility in how they receive and use such training and related services; and (3) to reduce the overlap in administration among such programs and to provide more efficient service under such programs by establishing local common points of access for such training and related services. (b) Federal Dislocated Worker Programs.--The Federal dislocated worker programs described in this subsection are-- (1) programs under title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.), including-- (A) the defense conversion adjustment program under section 325 of such Act (29 U.S.C. 1662d); (B) the defense diversification program under section 325A of such Act (29 U.S.C. 1662d-1); and (C) the clean air employment transition assistance program under section 326 of such Act (29 U.S.C. 1662e); and (2) the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.). SEC. 302. REPORT. Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report containing-- (1) the results of the study carried out under section 301; and (2) if appropriate, recommendations for legislation to achieve the consolidation of the administration of the Federal dislocated worker programs described in such section. TITLE IV--FINANCING PROVISIONS SEC. 401. REQUIRING CERTAIN AGENCIES TO PREFUND GOVERNMENT HEALTH BENEFITS CONTRIBUTIONS FOR THEIR ANNUITANTS. (a) Definitions.--For the purpose of this section-- (1) the term ``agency'' means any agency or other instrumentality within the executive branch of the Government, the receipts and disbursements of which are not generally included in the totals of the budget of the United States Government submitted by the President; (2) the term ``health benefits plan'' means, with respect to an agency, a health benefits plan, established by or under Federal law, in which employees or annuitants of such agency may participate; (3) the term ``health-benefits coverage'' means coverage under a health benefits plan''; (4) an individual shall be considered to be an ``annuitant of an agency'' if such individual is entitled to an annuity, under a retirement system established by or under Federal law, by virtue of-- (A) such individual's service with, and separation from, such agency; or (B) being the survivor of an annuitant under subparagraph (A) or of an individual who died while employed by such agency; and (5) the term ``Office'' means the Office of Personnel Management. (b) Prefunding Requirement.-- (1) In general.--Effective as of October 1, 1994, each agency (or February 1, 1995, in the case of the agency with the greatest number of employees, as determined by the Office) shall be required to prepay the Government contributions which are or will be required in connection with providing health- benefits coverage for annuitants of such agency. (2) Regulations.--The Office shall prescribe such regulations as may be necessary to carry out this section. The regulations shall be designed to ensure at least the following: (A) Amounts paid by each agency shall be sufficient to cover the amounts which would otherwise be payable by such agency (on a ``pay-as-you-go'' basis), on or after the applicable effective date under paragraph (1), on behalf of-- (i) individuals who are annuitants of the agency as of such effective date; and (ii) individuals who are employed by the agency as of such effective date, or who become employed by the agency after such effective date, after such individuals have become annuitants of the agency (including their survivors). (B)(i) For purposes of determining any amounts payable by an agency-- (I) this section shall be treated as if it had taken effect at the beginning of the 20- year period which ends on the effective date applicable under paragraph (1) with respect to such agency; and (II) in addition to any amounts payable under subparagraph (A), each agency shall also be responsible for paying any amounts for which it would have been responsible, with respect to the 20-year period described in subclause (I), in connection with any individuals who are annuitants or employees of the agency as of the applicable effective date under paragraph (1). (ii) Any amounts payable under this subparagraph for periods preceding the applicable effective date under paragraph (1) shall be payable in equal installments over the 20-year period beginning on such effective date. (c) FASB Standards.--Regulations under subsection (b) shall be in conformance with the provisions of standard 106 of the Financial Accounting Standards Board, issued in December 1990. (d) Clarification.--Nothing in this section shall be considered to permit or require duplicative payments on behalf of any individuals. (e) Draft Legislation.--The Office shall prepare and submit to Congress any draft legislation which may be necessary in order to carry out this section. SEC. 402. RESCISSION OF FUNDS FOR TRAVEL ACCOUNTS. (a) In General.--Of the funds made available in any appropriations Act for fiscal year 1994 to any executive department or agency, or any entity in the legislative branch, for purposes of official travel, 15 percent is rescinded. The Director of the Office of Management and Budget shall allocate such rescission among the appropriate accounts, and shall submit to the Congress a report setting forth such allocation. (b) Exceptions.--Subsection (a) shall not apply to-- (1) the Department of Defense, the Department of Justice, the Department of State, the Department of the Treasury, the Department of Veterans Affairs, or any agency or office within any such department; or (2) the Office of Personnel Management in carrying out its responsibilities under the Voting Rights Act of 1965.

TABLE OF CONTENTS: Title I: Targeted Jobs Credit for School-to-Work Programs Title II: Authorization of Appropriations for the National and Community Service Act of 1990 Title III: Study and Report Relating to Consolidation of Federal Dislocated Worker Programs Title IV: Financing Provisions Workforce Education Act of 1994 - Title I: Targeted Jobs Credit for School-to-Work Programs - Amends the Internal Revenue Code to provide a targeted jobs credit to employers for employing qualified participants in approved school-to-work programs. Title II: Authorization of Appropriations for the National and Community Service Act of 1990 - Amends the National and Community Service Act of 1990 to extend the authorization of appropriations for the national service trust program, national service educational awards, quality and innovation activities, Civilian Community Corps demonstration program, and administration of such Act. Title III: Study and Report Relating to Consolidation of Federal Dislocated Worker Programs - Directs the Secretary of Labor to study and report to the Congress on the feasibility of consolidating the administration of specified Federal dislocated worker programs into a single comprehensive program with certain goals. Title IV: Financing Provisions - Requires certain Federal agencies to prefund government health benefits contributions for their annuitants. Rescinds 15 percent of official travel funds for executive departments or agencies (with specified exceptions) and for any entity in the legislative branch.

Workforce Education Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Homeownership Opportunity Act of 2011''. SEC. 2. HOUSING EQUITY SAVINGS ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. HOUSING EQUITY SAVINGS ACCOUNTS. ``(a) Deduction Allowed.--In the case of an eligible individual, there shall be allowed as a deduction the aggregate amount paid in cash during the taxable year by or on behalf of such individual to a housing equity savings account of such individual. ``(b) Limitation.--The amount allowable as a deduction under subsection (a) for any taxable year shall not exceed the lesser of-- ``(1) $10,000, or ``(2) an amount equal to the compensation (as defined in section 219(f)(1)) includible in the individual's gross income for such taxable year. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means, with respect to any taxable year, any individual if such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence during the 3-year period ending at the close of the preceding taxable year. ``(d) Housing Equity Savings Account.--For purposes of this section, the term `housing equity savings account' means a trust created or organized in the United States exclusively for the benefit of an individual, but only if the written governing instrument creating the trust meets the following requirements: ``(1) Except in the case of rollover contributions from another housing equity savings account of such individual-- ``(A) no contribution will be accepted unless it is in cash, and ``(B) contributions will not be accepted for the taxable year in excess of the dollar amount in effect for the taxable year under subsection (b)(1). ``(2) The trustee is a bank (as defined in section 408(n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. ``(3) No part of the trust funds will be invested in life insurance contracts. ``(4) The interest of an individual in the balance in his account is nonforfeitable. ``(5) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(e) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount distributed out of a housing equity savings account shall be included in gross income of the distributee for the taxable year in which the distribution is received. Notwithstanding any other provision of this title (including chapters 11 and 12), the basis of any person in such an account is zero. ``(2) Exception for amounts used to purchase principal residence and for certain payments to individual retirement accounts.-- ``(A) In general.--Paragraph (1) shall not apply to any distribution during the taxable year which would (but for this paragraph) be includible in gross income for such year to the extent that the aggregate of such distributions during the taxable year do not exceed the aggregate qualified payments made by the account beneficiary during such year. ``(B) Qualified payment.--For purposes of this paragraph, the term `qualified payment' means-- ``(i) any payment of qualified acquisition costs (as defined in section 72(t)(8)(C)) incurred with respect to the principal residence of the account beneficiary, and ``(ii) any payment to an individual retirement account but only if-- ``(I) the account beneficiary of the housing equity savings account from which the payment is made is also the beneficiary of the individual retirement account, and ``(II) the payment is a qualified IRA payment. Any payment described in clause (ii) shall be treated for purposes of this title as a rollover contribution to the individual retirement account. ``(C) Qualified ira payment.--For purposes of subparagraph (B), the term `qualified IRA payment' means any payment if-- ``(i) the account beneficiary-- ``(I) is an eligible individual at the time of the payment, and ``(II) attains age 55 as of the close of the taxable year during which the payment is made, ``(ii) the account beneficiary is-- ``(I) an eligible individual at the time of the payment, and ``(II) has been an eligible individual throughout the 20-year period ending on the date of the payment, or ``(iii) the payment is made within 1 year after the date of a payment described in subparagraph (B)(i). ``(3) Exceptions for certain other distributions.--Rules similar to the rules of paragraphs (3), (4), (5), and (6) of section 408(d) shall apply for purposes of this section. ``(4) Additional tax on amounts included in gross income.-- If any distribution from a housing equity savings account is includible in gross income of the account beneficiary, the tax liability of such beneficiary under this chapter for the taxable year in which the distribution is received shall be increased by an amount equal to 20 percent of the amount of the distribution. ``(f) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--A housing equity savings account is exempt from taxation under this subtitle unless such account has ceased to be a housing equity savings account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Account terminations.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to housing equity savings accounts, and any amount treated as distributed under such rules shall be treated as not used to make payments described in subsection (e)(2). ``(g) Beneficiary Must Be Under Age 55.--No deduction shall be allowed under this section with respect to any payment to a housing equity savings account for the benefit of an individual if such individual has attained age 55 before the close of such individual's taxable year for which the contribution was made. ``(h) Other Definitions and Special Rules.-- ``(1) Other definitions.--For purposes of this section-- ``(A) Account beneficiary.--The term `account beneficiary' means the individual for whose benefit the housing equity savings account was established. ``(B) Principal residence.--The term `principal residence' has the same meaning as when used in section 121, except that such term shall include only residences located in the United States. ``(2) Cost-of-living adjustment.-- ``(A) In general.--In the case of any taxable beginning in a calendar after 2012, the dollar amount in subsection (b)(1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting `calendar year 2011' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any increase under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 219(d)(2) (relating to no deduction for rollovers). ``(B) Section 219(f)(3) (relating to time when contributions deemed made). ``(C) Section 219(f)(5) (relating to employer payments). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(i) Reports.--The trustee of a housing equity savings account shall make such reports regarding such account to the Secretary and to the individual for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may by regulation prescribe. The reports required by this subsection shall be filed at such time and in such manner, and furnished to such individuals at such time and in such manner, as may be required by such regulations.''. (b) Deduction Allowed in Arriving at Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Housing equity savings account contributions.--The deduction allowed by section 224.''. (c) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of such Code (relating to tax on excess contributions to individual retirement accounts, etc.) is amended by striking ``or'' at the end of paragraph (4), by inserting ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: ``(6) a housing equity savings account (within the meaning of section 224(d)),''. (2) Section 4973 of such Code is amended by adding at the end the following new subsection: ``(h) Excess Contributions to Housing Equity Savings Accounts.--For purposes of this section, in the case of housing equity savings accounts (within the meaning of section 224(d)), the term `excess contributions' means the sum of-- ``(1) the excess (if any) of-- ``(A) the aggregate amount contributed for the taxable year to the accounts (other than rollover contributions), over ``(B) the amount allowable as a deduction under section 224 for such contributions, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(A) the distributions out of the accounts which were included in gross income under rules similar to the rules of section 408(d)(5) which apply to such accounts by reason of section 224(e)(3), and ``(B) the excess (if any) of-- ``(i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over ``(ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the housing equity savings account in a distribution to which the rules similar to the rules of section 408(d)(4) which apply to such accounts by reason of section 224(e)(3) shall be treated as an amount not contributed.''. (d) Tax on Prohibited Transactions.-- (1) In general.--Paragraph (1) of section 4975(e) of such Code (relating to prohibited transactions) is amended by striking ``or'' at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following new subparagraph: ``(G) a housing equity savings account described in section 224(d), or''. (2) Special rule.--Subsection (c) of section 4975 of such Code is amended by adding at the end the following new paragraph: ``(7) Special rule for housing equity savings accounts.--An individual for whose benefit a housing equity savings account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if section 224(f)(2) applies with respect to such transaction.''. (e) Failure To Provide Reports on Housing Equity Savings Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on individual retirement accounts or annuities) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) Section 224(i) (relating to housing equity savings accounts).''. (f) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 and inserting the following new items: ``Sec. 224. Housing equity savings accounts. ``Sec. 225. Cross references.''. (g) Effective Date.--The amendments made by this section shall apply to contributions for taxable years beginning after December 31, 2011.

Creating Homeownership Opportunity Act of 2011 - Amends the Internal Revenue Code to establish tax-exempt housing equity savings accounts to assist individual taxpayers under the age of 55 in paying the costs of acquiring, constructing, or reconstructing a principal residence. Allows: (1) a deduction from gross income for cash contributions to such accounts for the lesser of $10,000 or the compensation includible in the taxpayer's gross income for a taxable year, (2) an exclusion from gross income of amounts distributed from such accounts that are used by an account beneficiary to purchase a principal residence or make payments to such beneficiary's individual retirement account (IRA), and (3) a tax-free rollover into an IRA if an account beneficiary reaches age 55 or has maintained an account for 20 years without purchasing a residence.

To amend the Internal Revenue Code of 1986 to allow a deduction for contributions to tax-exempt Housing Equity Savings Accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Utah Schools and Lands Exchange Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) The State of Utah owns approximately 176,600 acres of land, as well as approximately 24,165 acres of mineral interests, administered by the Utah School and Institutional Trust Lands Administration, within the exterior boundaries of the Grand Staircase-Escalante National Monument, established by Presidential proclamation on September 18, 1996, pursuant to section 2 of the Antiquities Act of 1906 (16 U.S.C. 431). The State of Utah also owns approximately 200,000 acres of land, and 76,000 acres of mineral interests, administered by the Utah School and Institutional Trust Lands Administration, within the exterior boundaries of several units of the National Park System and the National Forest System, and within certain Indian reservations in Utah. These lands were granted by Congress to the State of Utah pursuant to the Utah Enabling Act, chap. 138, 28 Stat. 107 (1894), to be held in trust for the benefit of the State's public school system and other public institutions. (2) Many of the State school trust lands within the monument may contain significant economic quantities of mineral resources, including coal, oil, and gas, tar sands, coalbed methane, titanium, uranium, and other energy and metalliferous minerals. Certain State school trust lands within the Monument, like the Federal lands comprising the Monument, have substantial noneconomic scientific, historic, cultural, scenic, recreational, and natural resources, including ancient Native American archeological sites and rare plant and animal communities. (3) Development of surface and mineral resources on State school trust lands within the monument could be incompatible with the preservation of these scientific and historic resources for which the monument was established. Federal acquisition of State school trust lands within the monument would eliminate this potential incompatibility, and would enhance management of the Grand Staircase-Escalante National Monument. (4) The United States owns lands and interest in lands outside of the monument that can be transferred to the State of Utah in exchange for the monument inholdings without jeopardizing Federal management objectives or needs. (5) In 1993, Congress passed and the President signed Public Law 103-93, which contained a process for exchanging State of Utah school trust inholdings in the National Park System, the National Forest System, and certain Indian reservations in Utah. Among other things, it identified various Federal lands and interests in land that were available to exchange for these State inholdings. (6) Although Public Law 103-93 offered the hope of a prompt, orderly exchange of State inholdings for Federal lands elsewhere, implementation of the legislation has been very slow. Completion of this process is realistically estimated to be many years away, at great expense to both the State and the United States in the form of expert witnesses, lawyers, appraisers, and other litigation costs. (7) The State also owns approximately 2,560 acres of land in or near the Alton coal field which has been declared an area unsuitable for coal mining under the terms of the Surface Mining Control and Reclamation Act. This land is also administered by the Utah School and Institutional Trust Lands Administration, but its use is limited given this declaration. (8) The large presence of State school trust land inholdings in the monument, national parks, national forests, and Indian reservations make land and resource management in these areas difficult, costly, and controversial for both the State of Utah and the United States. (9) It is in the public interest to reach agreement on exchange of inholdings, on terms fair to both the State and the United States. Agreement saves much time and delay in meeting the expectations of the State school and institutional trusts, in simplifying management of Federal and Indian lands and resources, and in avoiding expensive, protracted litigation under Public Law 103-93. (10) The State of Utah and the United States have reached an agreement under which the State would exchange of all its State school trust lands within the monument, and specified inholdings in national parks, forests, and Indian reservations that are subject to Public Law 103-93, for various Federal lands and interests in lands located outside the monument, including Federal lands and interests identified as available for exchange in Public Law 103-93 and additional Federal lands and interests in lands. (11) The State school trust lands to be conveyed to the Federal Government include properties within units of the National Park System, the National Forest System, and the Grand Staircase-Escalante National Monument. The Federal assets made available for exchange with the State were selected with a great sensitivity to environmental concerns and a belief and expectation by both parties that Federal assets to be conveyed to the State would be unlikely to trigger significant environmental controversy. (12) The parties agreed at the outset of negotiations to avoid identifying Federal assets for conveyance to the State where any of the following was known to exist or likely to be an issue as a result of foreseeable future uses of the land: significant wildlife resources, endangered species habitat, significant archaeological resources, areas of critical environmental concern, coal resources requiring surface mining to extract the mineral deposits, wilderness study areas, significant recreational areas, or any other lands known to raise significant environmental concerns of any kind. (13) The parties further agreed that the use of any mineral interests obtained by the State of Utah where the Federal Government retains surface and other interest, will not conflict with established Federal land and environmental management objectives, and shall be fully subject to all environmental regulations applicable to development of non- Federal mineral interest on Federal lands. (14) Because the inholdings to be acquired by the Federal Government include properties within the boundaries of some of the most renowned conservation land units in the United States, and because a mission of the Utah School and Institutional Trust Lands Administration is to produce economic benefits for Utah's public schools and other beneficiary institutions, the exchange of lands called for in this agreement will resolve many longstanding environmental conflicts and further the interest of the State trust lands, the school children of Utah, and these conservation resources. (15) The Congress finds that, under this Agreement taken as a whole, the State interests to be conveyed to the United States by the State of Utah, and the Federal interests and payments to be conveyed to the State of Utah by the United States, are approximately equal in value. (16) The purpose of this legislation is to enact into law and direct prompt implementation of this historic agreement. SEC. 3. RATIFICATION OF AGREED EXCHANGE BETWEEN THE STATE OF UTAH AND THE DEPARTMENT OF THE INTERIOR. (a) Agreement.--The State of Utah and the Department of the Interior have agreed to exchange certain Federal lands, Federal mineral interests, and payment of money for lands and mineral interests managed by the Utah School and Institutional Trust Lands Administration, lands and mineral interests of approximately equal value inheld within the Grand Staircase-Escalante National Monument the Goshute and Navajo Indian Reservations, units of the national park system, the national forest system, and the Alton coal fields. (b) Ratification.--All terms, conditions, procedures, covenants, reservations, and other provisions set forth in the document entitled ``Agreement to Exchange Utah School Trust Lands Between the State of Utah and the United States of America'' (herein referred to as ``the Agreement'') are hereby incorporated in this title, are ratified and confirmed, and set forth the obligations and commitments of the United States, the State of Utah, and Utah School and Institutional Trust Lands Administration (herein referred to as ``SITLA''), as a matter of Federal law. SEC. 4. LEGAL DESCRIPTIONS. (a) In General.--The maps and legal descriptions referred to in the Agreement depict the lands subject to the conveyances. (b) Public Availability.--The maps and descriptions referred to in the Agreement shall be on file and available for public inspection in the offices of the Secretary of the Interior and the Utah State Director of the Bureau of Land Management. (c) Conflict.--In case of conflict between the maps and the legal descriptions, the legal descriptions shall control. SEC. 5. COSTS. The United States and the State of Utah shall each bear its own respective costs incurred in the implementation of this Act. SEC. 6. REPEAL OF PUBLIC LAW 103-93 AND PUBLIC LAW 104-211. The provisions of Public law 103-93 (107 Stat. 995), other than section 7(b)(1), section 7(b)(3) and section 10(b) thereof, are hereby repealed. Public Law 104-211 (110 Stat. 3013) is hereby repealed. SEC. 7. CASH PAYMENT PREVIOUSLY AUTHORIZED. As previously authorized and made available by section 7(b)(1) and (b)(3) of Public Law 103-93, upon completion of all conveyances described in the Agreement, the United States shall pay $50,000,000 to the State of Utah from funds not otherwise appropriated from the Treasury. SEC. 8. SCHEDULE FOR CONVEYANCES. All conveyances under sections 2 and 3 of the agreement shall be completed within 70 days after the enactment of this Act.

Utah Schools and Lands Exchange Act of 1998 - Ratifies the "Agreement to Exchange Utah School Trust Lands Between the State of Utah and the United States of America" and sets forth the obligations and commitments of the United States, Utah, and Utah School and Institutional Trust Lands Administration as a matter of Federal law. Repeals Federal law providing for the exchange of Federal lands in Utah in exchange for State lands and providing additional lands within Utah for the Goshute Indian Reservation, with the exception of provisions regarding: (1) payment to Utah of a portion of a royalty payment received by the United States for certain mining and mineral interests in Utah; (2) the limit on such payment; and (3) payment in lieu of taxes for certain entitlement lands in Utah. Requires a $50 million payment to Utah upon completion of all conveyances described in the Agreement.

Utah Schools and Lands Exchange Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inflammatory Bowel Disease Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Crohn's disease and ulcerative colitis are serious inflammatory diseases of the gastrointestinal tract. Crohn's disease may occur in any section of the gastrointestinal tract but is predominately found in the lower part of the small intestine and the large intestine. Ulcerative colitis is characterized by inflammation and ulceration of the innermost lining of the colon. Because Crohn's disease and ulcerative colitis behave similarly, they are collectively known as inflammatory bowel disease. Both diseases present a variety of symptoms, including severe diarrhea, crampy abdominal pain, fever, and rectal bleeding. There is no known cause of inflammatory bowel disease, or medical cure. (2) It is estimated that up to 1,000,000 people in the United States suffer from inflammatory bowel disease. (3) In 1990, the total annual medical costs for Crohn's disease patients was estimated at $1,000,000,000 to $1,200,000,000. (4) In 1990, the total annual medical costs for ulcerative colitis patients was estimated at $400,000,000 to $600,000,000. (5) Inflammatory bowel disease patients are at high-risk for developing colorectal cancer. SEC. 3. INFLAMMATORY BOWEL DISEASE RESEARCH EXPANSION. (a) In General.--The Director of the National Institute of Diabetes and Digestive and Kidney Diseases shall expand, intensify, and coordinate the activities of the Institute with respect to research on inflammatory bowel disease with particular emphasis on the following areas: (1) Genetic research on susceptibility for inflammatory bowel disease, including the interaction of genetic and environmental factors in the development of the disease. (2) Animal model research on inflammatory bowel disease, including genetics in animals. (3) Clinical inflammatory bowel disease research, including clinical studies and treatment trials. (4) Other research initiatives identified by the scientific document entitled ``Challenges in Inflammatory Bowel Disease''. (b) Authorization of Appropriations.-- (1) In general.--For the purpose of carrying out this section, there are authorized to be appropriated $75,000,000 in fiscal year 2004, $100,000,000 in fiscal year 2005, and such sums as may be necessary for fiscal years 2006 and 2007. (2) Reservation.--Of the funds authorized to be appropriated under paragraph (1), not more than 20 percent of such funds shall be reserved to fund the training of qualified health professionals in biomedical research focused on inflammatory bowel disease and related disorders. SEC. 4. INFLAMMATORY BOWEL DISEASE PREVENTION AND EPIDEMIOLOGY. (a) In General.--The Director of the Centers for Disease Control and Prevention shall establish a national program of prevention and epidemiology to determine the prevalence of inflammatory bowel disease in the United States, and conduct public and professional awareness activities on inflammatory bowel disease. (b) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 in fiscal year 2004, and such sums as may be necessary for fiscal years 2005 through 2007. SEC. 5. STUDY OF INFLAMMATORY BOWEL DISEASE RELATED SERVICES. (a) In General.--The Institute of Medicine of the National Academics of Science shall conduct a study on the coverage standards of medicare, medicaid, and the private insurance market for the following therapies: (1) Parenteral nutrition. (2) Enteral nutrition formula. (3) Medically necessary food products. (4) Ostomy supplies. (5) Therapies approved by the Food and Drug Administration for Crohn's disease and ulcerative colitis. (b) Content.--The study shall also take into account the appropriate outpatient or home health care delivery settings. (c) Report.--Not later than 6 months after the date of enactment of this Act, the Institute of Medicine shall submit a report to Congress describing the findings of the study. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary. SEC. 6. SOCIAL SECURITY DISABILITY FOR INFLAMMATORY BOWEL DISEASE PATIENTS. (a) In General.--The General Accounting Office shall conduct a study of the problems patients encounter when applying for disability insurance benefits under title II of the Social Security Act. The study will also include recommendations for improving the application process for inflammatory bowel disease patients. (b) Report.--Not later than 6 months after the date of enactment of this Act, the General Accounting Office shall submit a report to Congress describing the findings of the study. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary.

Inflammatory Bowel Disease Act - Requires the Director of the National Institute of Diabetes and Digestive and Kidney Diseases to expand activities addressing inflammatory bowel disease, emphasizing genetic, animal model, and clinical research.Requires the Director of the Centers for Disease Control and Prevention to establish a national program of prevention and epidemiology concerning such disease, addressing its prevalence and public and professional awareness.Directs the Institute of Medicine of the National Academies of Science to study public and private insurance standards for coverage of inflammatory bowel therapies.Directs the General Accounting Office to study problems inflammatory bowel disease patients have applying for disability insurance benefits under the Social Security Act.

A bill to expand research regarding inflammatory bowel disease, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Member's Pension Limitation Act of 1994''. SEC. 2. REFERENCE. Whenever in this Act a section or other provision is amended or repealed, such amendment or repeal shall be considered to be made to that section or other provision of title 5, United States Code. SEC. 3. MAXIMUM ALLOWABLE MEMBER SERVICE FOR PURPOSES OF RETIREMENT BENEFITS. (a) Definitions.-- (1) FERS.-- (A) Maximum allowable member service.--Section 8401 is amended-- (i) by striking out ``and'' at the end of paragraph (31); (ii) by striking out the period at the end of paragraph (32) and inserting in lieu thereof ``; and''; and (iii) by adding at the end the following: ``(33) the term `maximum allowable Member service' means service as a Member of 12 years.''. (B) Average pay.--Section 8401(3) is amended to read as follows: ``(3) the term `average pay' means-- ``(A) the largest annual rate resulting from averaging-- ``(i) in the case of an employee, an employee's rates of basic pay in effect over any 3 consecutive years of service; or ``(ii) in the case of a Member, the Member's rates of basic pay in effect for the 3 years of Member service immediately preceding retirement; or ``(B) in the case of an annuity under this chapter based on service of less than 3 years, over the total service; with each rate weighted by the period it was in effect;''. (2) CSRS.-- (A) Maximum allowable member service.--Section 8331 is amended-- (i) by striking out ``and'' at the end of paragraph (25); (ii) by striking out the period at the end of paragraph (26) and inserting in lieu thereof ``; and''; and (iii) by adding at the end the following: ``(27) the term `maximum allowable Member service' means service as a Member of 12 years.''. (B) Average pay.--Section 8331(4) is amended to read as follows: ``(3) `average pay' means-- ``(A) the largest annual rate resulting from averaging-- ``(i) in the case of an employee, an employee's rates of basic pay in effect over any 3 consecutive years of creditable service; or ``(ii) in the case of a Member, the Member's rates of basic pay in effect for the 3 years of Member service immediately preceding retirement; or ``(B) in the case of an annuity under subsection (d) or (e)(1) of section 8341 of this title based on service of less than 3 years, over the total service; with each rate weighted by the time it was in effect;''. (b) Creditable Service.-- (1) FERS.-- (A) In general.--Section 8411(a) is amended by adding at the end the following: ``(3) A Member may not be allowed credit for Member service under this chapter that is greater than the maximum allowable Member service.''. (B) Conforming amendment.--Section 8411(b)(1) is amended by inserting before the semicolon at the end thereof the following ``, but not in excess of the maximum allowable Member service''. (2) CSRS.--Section 8332(b) is amended in the matter preceding paragraph (1) by inserting ``Credit may not be allowed for Member service under this chapter that is the greater of the maximum allowable Member service or the Member service of the Member determined as of the beginning of the 104th Congress.'' before ``The service includes''. SEC. 4. IMMEDIATE RETIREMENT. Section 8412 is amended as follows: (1) Subsection (a) of such section is amended by striking out ``or Member''. (2) Subsection (b) of such section is amended by striking out ``or Member''. (3) Subsection (c) of such section is amended by striking out ``or Member''. (4) Subsection (f) of such section is amended to read as follows: ``(f) A Member who is separated from the service after becoming 62 years of age and completing 4 years of service is entitled to an annuity.''. (5) Subsection (g) of such section is amended by striking out ``or Member'' each place it occurs. SEC. 5. COMPUTATION OF ANNUITIES. (a) FERS.--Section 8415 is amended as follows: (1) By amending subsection (b) to read as follows: ``(b) The annuity of a Member, or former Member with title to a Member annuity, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 4 years of service as a Member, so much of the annuity as is computed with respect to such service, not exceeding a total of the maximum allowable Member service, shall be computed by multiplying 1\7/10\ percent of the individual's average pay by the years of service as a Member.''. (2) In subsection (c), by striking ``or Member, or combination thereof, so much of the annuity as is computed with respect to either such type of service (or combination thereof),'' and inserting ``, so much of the annuity as is computed with respect to such service,''. (3) In subsection (f), by striking out ``or Member'' each place it appears. (b) CSRS.-- (1) Age.--The second sentence of section 8339(h) is amended by striking out ``60 years'' and inserting in lieu thereof ``62 years''. (2) Maximum.--Section 8339(c)(1) is amended by inserting ``, not to exceed the total service of such Member or former Member as of the effective date of the Member's Pension Limitation Act of 1994 or 12 years (whichever is greater),'' after ``service as a Member''. SEC. 6. DEDUCTIONS FROM PAY. (a) FERS.-- (1) In general.--Section 8422(a) is amended-- (A) in paragraph (1), by striking out ``The'' and inserting in lieu thereof ``Except as provided in paragraph (3), the''; and (B) adding at the end thereof the following: ``(3) Paragraphs (1) and (2) shall cease to apply with respect to a Member when the service of the Member attains the maximum allowable Member service.''. (2) Government contributions.--Section 8423(a)(1) is amended in the matter preceding subparagraph (A) by inserting ``paragraphs (1) and (2) of'' before ``section 8422(a)''. (b) CSRS.-- (1) In general.--Section 8334(a) is amended-- (A) in paragraph (1), by striking out ``The employing agency'' and inserting in lieu thereof ``Except as provided in paragraph (3), the employing agency''; and (B) adding at the end thereof the following: ``(3) Paragraphs (1) and (2) shall cease to apply with respect to a Member when the service of the Member attains the maximum allowable Member service.''. (2) Deposits.--Section 8334(c) is amended by adding at the end the following: ``This subsection does not apply with respect to a Member for Member service performed after January 1, 1995, in excess of the maximum allowable Member service of that Member.''. SEC. 7. THRIFT SAVINGS PLAN. (a) FERS.-- (1) Limitation on government contributions.--Section 8432(c) is amended-- (A) by striking out ``At the time'' in paragraph (1)(A) and inserting in lieu thereof ``Except as provided in paragraph (4), at the time''; (B) by striking out ``In addition to'' in paragraph (2)(A) and inserting in lieu thereof ``Except as provided in paragraph (4), in addition to''; and (C) by adding at the end the following: ``(4) Paragraphs (1) and (2) shall cease to apply with respect to a Member when the Member attains the maximum allowable Member service.''. (2) Forfeiture.--Section 8432(g)(3) is amended-- (A) by inserting ``(A)'' after ``(3)''; (B) by striking out ``Member or'' each place it appears; and (C) by adding at the end the following: ``(B) Contributions made for the benefit of a Member under subsection (c)(1) and all earnings attributable to such contributions shall be forfeited if the Member separates from Government employment before completing 4 years of civilian service.''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to Members of Congress who are Members of Congress beginning with the 104th Congress.

Congressional Member's Pension Limitation Act of 1994 - Amends provisions governing the Federal Employee Retirement System (FERS) and the Civil Service Retirement System (CSRS) to redefine the "average pay" of a Member of Congress as the largest annual rate resulting from averaging the Member's rates of basic pay in effect for the three years of his or her service immediately preceding retirement. Prohibits a Member from being allowed creditable service for: (l) more than 12 years of Member service for purposes of FERS; or (2) more than the greater of 12 years of Member service or the Member's period of service as of the beginning of the 104th Congress for purposes of CSRS. (Sec. 4) Revises provisions governing FERS annuity eligibility to entitle a Member to an annuity upon being separated from service after reaching age 62 and completing four years of service. (Sec. 5) Makes changes in the computation of FERS annuities payable to Members to: (1) eliminate adjustments for service as a congressional employee; (2) apply the 1.7 multiplier to not more than 12 years of service of Members who had at least four years of service; and (3) apply annuity reductions to Members who retire before age 62 (currently, before age 60). Prohibits the service of a Member for purposes of computing his or her CSRS annuity from exceeding the total service of such Member or former Member as of the effective date of this Act or 12 years (whichever is greater). (Sec. 6) Ends an employing agency's FERS or CSRS deductions from a Member's basic pay and ends Government and Member contributions after the Member has performed 12 years of service. Prohibits a Member credited with civilian service after July 31, 1920, for which CSRS retirement deductions or deposits have not been made from making such deposits for the service if it exceeds 12 years and was performed after January 1, 1995. (Sec. 7) Requires a Member's employing agency to cease making contributions to the Thrift Savings Fund on the Member's behalf after the Member performs 12 years of service. Forfeits contributions and attributable earnings if a Member separates from Government employment before completing four years of service.

Congressional Member's Pension Limitation Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Register of Copyrights Selection and Accountability Act of 2017''. SEC. 2. REGISTER OF COPYRIGHTS. (a) Amendments.--Section 701 of title 17, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``(a) All administrative'' and inserting the following: ``(a) Register and Director.-- ``(1) In general.--All administrative''; (B) by striking ``director'' and inserting ``Director''; (C) by inserting after the first sentence the following: ``The Register of Copyrights shall be a citizen of the United States with a professional background and experience in copyright law, shall be capable of identifying and supervising a Chief Information Officer or other similar official responsible for managing modern information technology systems, and shall be appointed by the President from the individuals recommended under paragraph (6), by and with the advice and consent of the Senate.''; and (D) in the last sentence, by striking ``shall be appointed'' and all that follows through ``and shall act'' and inserting ``shall act''; (2) in subsection (b), by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and adjusting the margins accordingly; (3) by redesignating subsection (b) as paragraph (2), and adjusting the margins accordingly; (4) in paragraph (2), as so redesignated, by inserting ``Duties.--'' before ``In addition''; (5) by inserting after paragraph (2) the following: ``(3) Oath.--The Register of Copyrights shall, before taking office, take an oath to discharge faithfully the duties of the Copyright Office described in paragraph (2). ``(4) Removal.-- ``(A) In general.--The Register of Copyrights may be removed from office by the President. ``(B) Notification.--The President shall provide notification to both Houses of Congress of a removal under subparagraph (A). ``(5) Term of office.-- ``(A) In general.--Subject to subparagraph (B), the Register of Copyrights-- ``(i) shall be appointed for a term of 10 years; and ``(ii) may serve until a successor is appointed, confirmed, and taken the oath of office. ``(B) Limitation.--The Register of Copyrights may not continue to serve after the date on which Congress adjourns sine die after the date on which the 10-year period described in subparagraph (A)(i) ends. ``(C) Reappointment.--An individual appointed to the position of Register of Copyrights, by and with the advice and consent of the Senate, may be reappointed to that position in accordance with the requirements of this section. ``(6) Panel for register of copyrights recommendations.-- There is established a panel to recommend a list of at least 3 individuals to the President for appointment as the Register of Copyrights. The panel shall be composed of the following: ``(A) The Speaker of the House of Representatives. ``(B) The President pro tempore of the Senate. ``(C) The majority and minority leaders of the House of Representatives and the Senate. ``(D) The Librarian of Congress.''; (6) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; (7) in subsection (b), as so redesignated, by inserting ``Seal.--'' before ``The Register''; (8) in subsection (c), as so redesignated, by inserting ``Annual Report.--'' before ``The Register''; (9) in subsection (d), as so redesignated, by inserting ``Applicability of Title 5.--'' before ``Except as provided''; and (10) in subsection (e), as so redesignated, by inserting ``Compensation.--'' before ``The Register''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to any vacancy for the Register of Copyrights after January 1, 2017. If a Register of Copyrights is appointed during the period beginning on January 1, 2017 and ending on the day before the date of the enactment of this Act, that Register shall meet the requirements of the amendments made by this Act or shall be replaced in accordance with such amendments. SEC. 3. CONSTRUCTION. Nothing in this Act may be construed to impact the mandatory deposit requirements in title 17, United States Code. Passed the House of Representatives April 26, 2017. Attest: KAREN L. HAAS, Clerk.

Register of Copyrights Selection and Accountability Act of 2017 (Sec. 2) This bill amends federal copyright law to require the President, with the advice and consent of the Senate, to appoint a Register of Copyrights from a list of at least three individuals recommended by a panel composed of: the Speaker of the House of Representatives; the President pro tempore of the Senate; the majority and minority leaders of the House and the Senate; and the Librarian of Congress. (Currently, the Register of Copyrights is appointed by the Librarian of Congress.) To be eligible for appointment, the individual must be a citizen of the United States with a professional background and experience in copyright law and must be capable of identifying and supervising a chief information officer responsible for managing modern information technology systems. The bill limits the term of office for the Register of Copyrights to 10 years, but the individual may be reappointed subject to the same requirements established in this bill. The President may remove the Register of Copyrights from office and must notify both chambers of Congress of any such removal. (Sec. 3) Nothing in this bill may be construed to impact the mandatory deposit requirements under which owners of a copyright or of an exclusive right of publication must deposit in the U.S. Copyright Office two copies or phonorecords of works published in the United States for the use or disposition of the Library of Congress.

Register of Copyrights Selection and Accountability Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Risk Youth Medicaid Protection Act of 2014''. SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (80); (B) by striking the period at the end of paragraph (81) and inserting ``; and''; and (C) by inserting after paragraph (81) the following new paragraph: ``(82) provide that-- ``(A) the State shall not terminate (but may suspend) enrollment under a State plan for medical assistance for an individual who is an eligible juvenile (as defined in subsection (ll)(2)) because the juvenile is an inmate of a public institution (as defined in subsection (ll)(3)); ``(B) the State shall automatically restore enrollment for such medical assistance to such an individual upon the individual's release from any such public institution and shall take all necessary steps to ensure the enrollment is effective immediately upon release from such institution, unless (and until such date as) there is a determination that the individual no longer meets the eligibility requirements for such medical assistance; and ``(C) the State shall process any application for medical assistance submitted by, or on behalf of, a juvenile who is an inmate of a public institution notwithstanding that the juvenile is such an inmate.''; and (2) by adding at the end the following new subsection: ``(ll) Juvenile; Eligible Juvenile; Public Institution.--For purposes of subsection (a)(82) and this subsection: ``(1) Juvenile.--The term `juvenile' means an individual who is-- ``(A) under 19 years of age (or such higher age as the State has elected under section 475(8)(B)(iii)); or ``(B) is described in subsection (a)(10)(A)(i)(IX). ``(2) Eligible juvenile.--The term `eligible juvenile' means a juvenile who is an inmate of a public institution and was enrolled for medical assistance under the State plan immediately before becoming an inmate of such a public institution or who becomes eligible to enroll for such medical assistance while an inmate of a public institution. ``(3) Inmate of a public institution.--The term `inmate of a public institution' has the meaning given such term for purposes of applying the subdivision (A) following paragraph (29) of section 1905(a), taking into account the exception in such subdivision for a patient of a medical institution.''. (b) No Change in Exclusion From Medical Assistance for Inmates of Public Institutions.--Nothing in this section shall be construed as changing the exclusion from medical assistance under the subdivision (A) following paragraph (29) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), including any applicable restrictions on a State submitting claims for Federal financial participation under title XIX of such Act for such assistance. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall apply to eligibility and enrollment of juveniles who become inmates of public institutions on or after the date that is 1 year after the date of the enactment of this Act. (2) Rule for changes requiring state legislation.--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 amendments 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.

At-Risk Youth Medicaid Protection Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act to require state Medicaid plans to: (1) prohibit the state from terminating (but allow it to suspend) enrollment under the state plan for medical assistance for an eligible juvenile because he or she is an inmate of a public institution; (2) require the state to restore enrollment automatically to such an individual upon his or her release, and take all steps necessary to ensure the enrollment is effective immediately upon release, unless the individual no longer meets eligibility requirements; and (3) require the state to process any application for medical assistance submitted by, or on behalf of, a juvenile inmate notwithstanding that he or she is an inmate.

At-Risk Youth Medicaid Protection Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Graduate Opportunities in Medical Education Distribution Act of 2016''. SEC. 2. REDISTRIBUTING UNUSED RESIDENCY POSITIONS TO HOSPITALS IN STATES WITH SHORTAGES OF RESIDENTS AND HEALTH PROFESSIONALS. (a) In General.--Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended-- (1) in paragraph (4)(F)(i), by striking ``(7) and (8)'' and inserting ``(7), (8), and (9)''; (2) in paragraph (4)(H)(i), by striking ``(7) and (8)'' and inserting ``(7), (8), and (9)''; (3) in paragraph (7)(E), by striking ``paragraph (8)'' and inserting ``paragraph (8) or (9)'' before the period at the end; and (4) by adding at the end the following new paragraph: ``(9) Distribution of additional residency positions.-- ``(A) Reductions in limit based on unused positions.-- ``(i) Making of determinations.--Not later than 180 days after the date of the enactment of this paragraph and each four years thereafter, the Secretary shall make a set of reduction determinations (as defined in clause (ii)). ``(ii) Set of reduction determinations defined.--For purposes of this paragraph, the term `set of reduction determinations' means determinations with respect to each hospital of whether, with respect to the one-year period ending on the date of such set of reduction determinations (referred to in this paragraph as the `measurement period' for such set of reduction determinations), the hospital's reference resident level (as defined in subparagraph (F)(i)) for such period was less than the otherwise applicable resident limit (as defined in subparagraph (F)(iii)) for such hospital and period. ``(iii) Reduction based on determination.-- In the case that, with respect to the measurement period for a set of reduction determinations, the Secretary determines under this subparagraph that the reference resident level of a hospital for such period was less than the otherwise applicable resident limit for such hospital and period, effective for portions of cost reporting periods occurring after the date of such set of reduction determinations and on or before the date of any subsequent set of reduction determinations under clause (i) (referred to in this paragraph as the `consequence period' for such set of reduction determinations), the otherwise applicable resident limit for such hospital shall be reduced by 65 percent of the difference between such otherwise applicable resident limit for the hospital and measurement period and such reference resident level for the hospital and measurement period (or, in the case that the Secretary determines that, with respect to the consequence period immediately preceding such consequence period, the hospital was a hospital described in clause (ii) of subparagraph (B) that did not meet the requirements of such clause, by the number described in clause (iv)). ``(iv) Number described.--The number described in this clause, with respect to a hospital and consequence period (referred to in this clause as the `target consequence period'), is the greater of-- ``(I) the number by which the otherwise applicable resident limit for such hospital would be reduced for the target consequence period under clause (iii) without the application of this clause; and ``(II) the number by which the otherwise applicable resident limit for such hospital was increased for the consequence period that immediately preceded the target consequence period. ``(v) Exception.--This subparagraph shall not apply to a hospital located in a rural area (as defined in subsection (d)(2)(D)(ii)) with fewer than 250 acute care inpatient beds. ``(vi) Determination timing.--In the case of a reduction determination made in a year by the Secretary under clause (i) that is not the first such reduction determination so made, the Secretary shall make such determination on a date that is not later than March 31 of such year. ``(B) Distribution.-- ``(i) In general.--With respect to each set of reduction determinations under subparagraph (A)(i), the Secretary shall, in accordance with the succeeding provisions of this paragraph, increase the otherwise applicable resident limit for each qualifying hospital that submits an application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring during the consequence period for such set of reduction determinations. The aggregate number of increases in the otherwise applicable resident limit under this subparagraph for such consequence period shall be equal to the aggregate reduction in such limits attributable to subparagraph (A) (as estimated by the Secretary) for such consequence period. ``(ii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph for a consequence period shall ensure that, during such consequence period, the positions resulting from the increase under this paragraph will be filled. The Secretary may determine whether a hospital has met the requirements under this clause during such consequence period in such manner and at such time as the Secretary determines appropriate, including at the end of such period. ``(C) Capacity considerations in redistribution.-- In determining which hospitals are to receive increases in their otherwise applicable resident limits under subparagraph (B) for a consequence period for a set of reduction determinations, the Secretary shall take into account the demonstrated likelihood of each such hospital filling the positions made available under this paragraph within such consequence period, as determined by the Secretary. ``(D) Priority in redistribution.--Subject to subparagraph (C), the Secretary shall select, with respect to a set of reduction determinations under subparagraph (A)(i), the qualifying hospitals that will receive increases under subparagraph (B) in the otherwise applicable resident limits for such hospitals for the consequence period for such set of reduction determinations. The Secretary shall make such selection in a manner that distributes the positions made available to hospitals for such consequence period under this paragraph in accordance with the following: ``(i) The Secretary shall, with respect to such positions that are so made available for such consequence period, make-- ``(I) 70 percent of such positions available to hospitals located in low resident-to-population States (as defined in subparagraph (F)(iv)); and ``(II) 30 percent of such positions available to hospitals located in high HPSA-to-population States (as defined in subparagraph (F)(v)). ``(ii) The Secretary shall, in accordance with clause (i), make such positions available for such consequence period in a manner that prioritizes the distribution of such positions to hospitals that are anticipated to fill such positions with individuals from residence programs located in the State in which such hospitals are located. ``(E) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(F) Definitions.--In this paragraph: ``(i) Reference resident level.--The term `reference resident level' means, with respect to a hospital and measurement period, the resident level for the cost reporting periods of the hospital occurring during such measurement period and for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary. ``(ii) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i). ``(iii) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital and period, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level of the hospital for such period, determined without regard to this paragraph but taking into account paragraph (7)(A). ``(iv) Low resident-to-population states.-- ``(I) In general.--The term `low resident-to-population State' means a State that has a smaller applicable number than do at least 75 percent of all States. ``(II) Applicable number.--For purposes of subclause (I), the term `applicable number' means, with respect to a State, the number that results from dividing the number of residents in the State by the number of individuals residing in the State. ``(v) High hpsa-to-population states.-- ``(I) In general.--The term `high HPSA-to-population State' means a State that has a larger applicable number than do at least 90 percent of all States. ``(II) Applicable number.--For purposes of subclause (I), the term `applicable number' means, with respect to a State, the number that results from dividing the number of areas in the State designated by the Health Resources & Services Administration of the Department of Health and Human Services as Health Professional Shortage Areas by the number of individuals residing in the State. ``(G) Affiliation.--The provisions of this paragraph shall be applied to hospitals which are members of the same affiliated group (as defined by the Secretary under paragraph (4)(H)(ii)).''. (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the second sentence, is amended by striking ``subsections (h)(7) and (h)(8)'' and inserting ``subsections (h)(7), (h)(8), and (h)(9)''. (2) Conforming amendment.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the following clause: ``(xii) For discharges occurring on or after the date that is 180 days after the date of the enactment of this clause, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(9)(B), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions.''. (c) Conforming Amendment.--Section 422(b)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), as amended by section 5503 of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by striking ``paragraphs (7) and (8)'' and inserting ``paragraphs (7), (8), and (9).''.

Graduate Opportunities in Medical Education Distribution Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to redistribute unused residency positions for which graduate medical education costs are paid under Medicare. Specifically, the Centers for Medicare & Medicaid Services must: (1) reduce a hospital's resident limit by a specified amount if the hospital has unused residency positions and is not a rural hospital with fewer than 250 acute care inpatient beds, and (2) increase the resident limit for each qualifying hospital that applies for an increase. In aggregate, the number of increased positions shall equal the number of reduced positions. The bill establishes specified priorities and capacity considerations with respect to redistribution.

Graduate Opportunities in Medical Education Distribution Act of 2016

SEC. 1. SHORT TITLE. This Act may be cited as the ``Service for School Act of 2005''. SECTION 2. PURPOSE. The purpose of this Act is to provide Federal tuition assistance to undergraduate students attending eligible institutions in exchange for a commitment to perform National service. SEC. 3. TUITION ASSISTANCE AUTHORIZED. (a) Service for School Tuition Assistance Authorized.--The Secretary is authorized to pay, in accordance with subsection (b), to each Service for School participant for each academic year during which such participant is in attendance at an eligible institution as an undergraduate, tuition assistance in an amount not more than the amount such participant elects to receive in the Service for School agreement. The authority to pay tuition assistance under this Act shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations Acts. (b) Distribution of Tuition Assistance to Students.--Tuition assistance payments under this Act shall be made in accordance with regulations promulgated by the Secretary for such purpose and in such manner as will best accomplish the purpose of this Act. SEC. 4. APPLICATION; ELIGIBILITY. (a) Application.--The Secretary shall from time to time set dates by which eligible individuals shall file applications for tuition assistance under this Act. Each eligible individual desiring to be a Service for School participant for any year shall file an application with the Secretary containing such information and assurances as the Secretary may deem necessary to carry out the purpose of this Act. (b) Eligibility.--An individual shall be eligible to apply for tuition assistance under this Act if the individual-- (1) is enrolled or accepted for enrollment in an educational program at an eligible institution, as defined in section 10, for which such institution awards an associate's or a bachelors' degree; and (2) enters into a Service for School agreement with the Secretary under section 6. SEC. 5. PARTICIPANT SELECTION. (a) Selection.--Each academic year, the Secretary shall select Service for School participants from the applications received from eligible individuals under section 4. (b) Priority.--The Secretary shall give priority to those eligible individuals who demonstrate the greatest financial need. SEC. 6. SERVICE FOR SCHOOL AGREEMENT. (a) Agreement Terms.--The Service for School agreement shall-- (1) require that any participant that receives tuition assistance under this Act shall complete-- (A) one calendar year of full-time National service for each academic year during which the participant received the maximum amount of tuition assistance under section 7; (B) two calendar years of part-time National service for each academic year during which the participant received the maximum amount of tuition assistance under section 7; or (C) in the case of an academic year during which the participant received less than the maximum amount of tuition assistance under section 7, National service for a period equivalent to the amount of tuition assistance received for such academic year, as determined by the Secretary; (2) include the amount of tuition assistance requested by the eligible individual for that academic year, not to exceed the maximum amount of tuition assistance under section 7; (3) require that a participant begin to perform such National service no later than 12 months after the date of graduation (or permanent departure) from an eligible institution; (4) require that a participant complete such National service not later than 10 years after the date of graduation (or permanent departure) from an eligible institution; (5) provide that a participant shall not be considered to have permanently departed from an institution if the participant, in a manner and under the terms established by and with the approval of the Secretary, transfers to another eligible institution, or postpones or interrupts enrollment at an eligible institution for not more than 12 months; (6) provide that a participant may appeal to the Secretary for an extension of the time requirements under paragraphs (3) and (4), and that the Secretary may waive such requirements for exceptional circumstances or hardship; (7) provide that, in the event that a participant fails to abide by the terms of the agreement, the participant shall repay any Federal tuition assistance received by the participant for which the participant did not perform the required National service, as determined by the Secretary; and (8) provide that such Service for School agreement shall be null and void if the eligible individual is not selected by the Secretary to be a Service for School participant for academic year for which the application is submitted. (b) Duration of Agreement; Renewal.--A Service for School agreement shall be made for only one academic year of tuition assistance at a time. Such agreement shall be renewable on an annual basis if the participant remains eligible. A participant may revise annually the amount of tuition assistance requested (in accordance with subsection (a)(2)). SEC. 7. TUITION ASSISTANCE. (a) Maximum Amount of Tuition Assistance.--For each academic year, a Service for School participant shall be eligible to receive tuition assistance in an amount not to exceed the lesser of-- (1) the average total tuition and fees for full-time students for a complete academic year at four-year public colleges and universities, as determined annually by the College Board, for the most recent academic year for which data is available; or (2) such participant's cost of attendance, as defined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (b) Election of Reduced Tuition Assistance.--A Service for School participant may elect to receive less than the maximum amount of tuition assistance in exchange for a reduced requirement to perform National service (in accordance with section 6(a)(1)(C)). (c) Form of Tuition Assistance.--The tuition assistance provided to a Service for School participant under this Act shall be in the form of grants, remissions of expenses, or such other form as the Secretary considers appropriate. SEC. 8. COLLECTION AND WAIVER AUTHORITY. (a) Collection by the Secretary.--The Secretary shall have the authority to collect amounts owed by a Service for School participant under section 6(a)(7). The Secretary may, for the purpose of collection of such amounts, exercise the authorities conferred on the Secretary by sections 467 and 468 of the Higher Education Act of 1965 (20 U.S.C. 1087gg and 1087hh) with respect to the collection of defaulted loans under part E of title IV of such Act. Amounts collected under this subsection shall remain available to the Secretary for making tuition assistance payments under this Act during the succeeding fiscal year. (b) Waiver for Exceptional Circumstances.--The Secretary may waive the National service performance requirement under section 6(a)(1), and the repayment requirement under section 6(a)(7), if exceptional circumstances such as illness or death prevent a Service for School participant from meeting such requirements. SEC. 9. REGULATIONS. The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this Act, including any regulations necessary to verify completion by the participants of the terms of the Service for School agreement under section 6. SEC. 10. DEFINITIONS. In this Act: (1) National service.--The term ``National service'' means service in-- (A) the Armed Forces (as defined under 10 U.S.C. 101), including service on active duty and service in the National Guard or a reserve component of the Armed Forces; (B) the Peace Corps; (C) any AmeriCorps-sponsored program, including City Year and Teach for America; (D) any Citizen Corps program; (E) any USA Freedom Corps program; or (F) any program specifically authorized as such by the Secretary for the purpose of this Act. (2) Eligible institution.--The term ``eligible institution'' means an institution of higher education as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Full-time national service.--The term ``full-time National service'' means the performance of National service for not less than 40 hours per week, including active duty in the Armed Forces. (4) Part-time national service.--The term ``part-time National service'' means the performance of National service for less than 40 hours per week, but not less than 40 hours per month, including service in the National Guard and in a reserve component of the Armed Forces. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. (6) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States.

Service for School Act of 2005 - Authorizes the Secretary of Education to provide tuition assistance to undergraduate students attending eligible institutions of higher education in exchange for a commitment to perform national service.

To provide tuition assistance to undergraduate students in exchange for the performance of National service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Community Garden Grant Program Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) in communities across the United States there are thousands of acres of vacant lots, the number of which is rapidly increasing; (2) these vacant lots contribute to the deterioration of neighborhoods and engender feelings of hopelessness among residents and community leaders; and (3) a National Community Garden Grant Program will aid in the prevention and elimination of urban blight by beautifying neighborhoods, developing communities and community leadership, and increasing nutritional awareness and gardening skills. (b) Purpose.--The purpose of this Act is to create a National Community Garden Grant Program, which will be a national partnership of the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Administrator of General Services, citizens, private organizations, and representatives of State and local agencies from all parts of the United States, for the promotion of community gardens. SEC. 3. DEFINITIONS. As used in this Act (unless the context otherwise requires): (1) Community garden program.--The term ``community garden program'' means a gardening program that incorporates 1 or more of the following elements: (A) Methods of gardening that promote improved nutrition and nutrition education. (B) Gardening education. (C) Community beautification. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. NATIONAL COMMUNITY GARDEN GRANT PROGRAM. (a) Grants Authorized.-- (1) In general.--The Secretary shall award grants to eligible applicants to conduct community garden programs in accordance with this Act. (2) Eligible applicants.--For purposes of paragraph (1), an eligible applicant for a grant under this Act is a unit of general local government or a nonprofit organization that is, or is capable of, carrying out a community garden program in accordance with this Act. (3) Maximum amount and number.--The Secretary shall award up to 100 grants, each of which may not exceed $20,000. (4) Federal, state, and local contributions.-- (A) In general.--The Federal share attributable to this section of the cost of carrying out a program for which a grant is made under this section shall be 25 percent. (B) Calculation.--In providing for the remaining share of the cost of carrying out such a program, each grantee under this section-- (i) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and (ii) may provide for such share through State sources, local sources, or Federal sources (other than funds made available under this section). (5) Distribution.--The Secretary shall award grants in a manner that reflects the geographical diversity of the United States, to the maximum extent practicable. (6) Set-aside.--The Secretary shall allocate at least 20 percent of the grant funds made available under this section to grantees located in communities with populations not exceeding 50,000 inhabitants. (b) Applications.-- (1) In general.--The Secretary, in conjunction with the Secretary of the Department of Health and Human Services and the Secretary of Housing and Urban Development, shall develop selection criteria and application procedures consistent with the purposes of this Act. (2) Factors.--In selecting grantees, at a minimum, the Secretary shall consider the following criteria: (A) The extent to which the applicant will maximize the use of public-private partnerships and available surplus property. (B) The extent to which the applicant will target minority, underserved, and high-risk populations. (C) The likelihood of the applicant developing a sustainable community gardening program. (3) Certification of eligibility.--The Secretary shall certify the eligibility of each grantee. (4) Other funds.--Funds from other sources may be used by a grantee in conjunction with funds made available under this Act. This Act shall not affect any guidelines governing the use of other funds. SEC. 5. DATA COLLECTION. (a) In General.--The Secretary shall establish a database to compile information submitted under subsection (b) and information related to the effectiveness of the National Community Garden Grant Program in each participating community. (b) Federal Funds.--Grantees shall furnish the Secretary with information regarding the amount of Federal funds received by each grantee, including funds from the Secretary, the Administrator of General Services, and the Secretary of Housing and Urban Development. SEC. 6. DONATION OF PROPERTY. A grantee under this Act may use surplus property obtained from the Administrator of General Services and the Secretary of Defense to carry out a community garden program. SEC. 7. PROFITS FROM COMMUNITY GARDEN PROJECTS. If a grantee derives a profit from the sale of a product produced by a community garden program that receives funds under this Act, the grantee shall use the profits only to further carry out such program. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $2,000,000 for fiscal year 1994 and $2,000,000 for each of fiscal years 1996, 1997, and 1998.

National Community Garden Grant Program Act of 1993 - Directs the Secretary of Agriculture to award up to 100 community garden program grants. Authorizes appropriations.

National Community Garden Grant Program Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agriculture Security Assistance Act''. SEC. 2. FINDINGS. Congress finds that-- (1) some agricultural diseases pose a direct threat to human health; (2) economic sabotage, in the form of agroterrorism, is also a concern; (3) the United States has an $80,000,000,000 livestock industry; (4) an outbreak of an agricultural disease, whether naturally occurring or intentionally introduced, could-- (A) have a profound impact on the infrastructure, economy, and export markets of the United States; and (B) erode consumer confidence in the Federal Government and the safety of the food supply of the United States; (5) as with human health and bioterrorism preparedness, enhancing current monitoring and response mechanisms to deal with a deliberate act of agricultural terrorism would strengthen the ability of the United States to diagnose and respond quickly to any animal health crisis; (6)(A) activities to ensure the biosecurity of farms are an important tool in preventing-- (i) the intentional or accidental introduction of an agricultural disease; and (ii) the spread of an introduced agricultural disease into an outbreak; and (B) most surveys of producers indicate discouraging and dangerous trends in basic elements of farm security activities; (7)(A) a national response plan, developed by the Department of Agriculture and the Federal Emergency Management Agency, would determine how interdependent agricultural health and emergency management response functions will be coordinated to ensure an orderly, immediate, and unified response to all aspects of an outbreak of an agricultural disease; (B) the Department of Agriculture, in cooperation with State and industry partners, would implement the plan as needed; and (C) State and local partners would need assistance to implement their shares of the plan; (8) States and communities also require assistance to prepare and plan for agricultural disasters; (9)(A) rapid detection of an agricultural disease is imperative in containing the spread of the agricultural disease; and (B) potential delays and difficulty in detection may complicate decisions regarding appropriate control measures; and (10)(A) planning for a response to an outbreak of an agricultural disease will vary from State to State, reflecting-- (i) the level of awareness; (ii) the perception of risk; (iii) competing time demands; and (iv) the availability of resources; and (B) State response capability would be significantly enhanced if State agricultural and emergency management officials were to jointly develop a comprehensive agricultural disease response plan. SEC. 3. AGRICULTURE SECURITY ASSISTANCE. (a) In General.--Title VIII of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2220) is amended by adding at the end the following: ``Subtitle J--Agriculture Security Assistance ``SEC. 899A. DEFINITIONS. ``In this subtitle: ``(1) Agricultural disease.--The term `agricultural disease' means an outbreak of a plant or animal disease, or a pest infestation, that requires prompt action in order to prevent injury or damage to people, plants, livestock, property, the economy, or the environment. ``(2) Agricultural disease emergency.--The term `agricultural disease emergency' means an outbreak of a plant or animal disease, or a pest infestation, that requires prompt action in order to prevent injury or damage to people, plants, livestock, property, the economy, or the environment, as determined by the Secretary of Agriculture under-- ``(A) section 415 of the Plant Protection Act (7 U.S.C. 7715); or ``(B) section 10407(b) of the Animal Health Protection Act (7 U.S.C. 8306(b)). ``(3) Agriculture.--The term `agriculture' includes-- ``(A) the science and practice of activities relating to food, feed, and fiber production, processing, marketing, distribution, use, and trade; ``(B) family and consumer science, nutrition, food science and engineering, agricultural economics, and other social sciences; and ``(C) forestry, wildlife science, fishery science, aquaculture, floraculture, veterinary medicine, and other environmental and natural resource sciences. ``(4) Agroterrorism.--The term `agroterrorism' means the commission of an agroterrorist act. ``(5) Agroterrorist act.--The term `agroterrorist act' means a criminal act consisting of causing or attempting to cause damage or harm to, or destruction or contamination of, a crop, livestock, farm or ranch equipment, a material, any other property associated with agriculture, or a person engaged in agricultural activity, that is committed with the intent-- ``(A) to intimidate or coerce a civilian population; or ``(B) to influence the policy of a government by intimidation or coercion. ``(6) Biosecurity.-- ``(A) In general.--The term `biosecurity' means protection from the risks posed by biological, chemical, or radiological agents to-- ``(i) plant or animal health; ``(ii) the agricultural economy; ``(iii) the environment; and ``(iv) human health. ``(B) Inclusions.--The term `biosecurity' includes the exclusion, eradication, and control of biological agents that cause agricultural diseases. ``SEC. 899B. RESPONSE PLANS. ``(a) In General.-- ``(1) State plans.--The Secretary of Agriculture, in consultation with the Director of the Federal Emergency Management Agency, shall assist States in developing and implementing State plans for responding to outbreaks of agricultural diseases. ``(2) Required elements.--Each State response plan shall include-- ``(A) identification of available authorities and resources within the State that are needed to respond to an outbreak of an agricultural disease; ``(B) identification of-- ``(i) potential risks and threats due to agricultural activity in the State; and ``(ii) the vulnerabilities to those risks and threats; ``(C) potential emergency management assistance compacts and other mutual aid agreements with neighboring States; and ``(D) identification of local and State legal statutes or precedents that may affect the implementation of a State response plan. ``(3) Regional and national response plans.--The Secretary of Agriculture shall work with States in developing regional and national response plans to carry out this subsection. ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection such sums as are necessary for fiscal year 2004 and each fiscal year thereafter. ``(b) Modeling and Statistical Analyses.-- ``(1) In general.--In consultation with the Steering Committee of the National Animal Health Emergency Management System and other stakeholders, the Secretary of Agriculture shall conduct a study-- ``(A) to determine the best use of epidemiologists, computer modelers, and statisticians as members of emergency response task forces that handle foreign or emerging agricultural disease emergencies; and ``(B) to identify the types of data that are not collected but that would be necessary for proper modeling and analysis of agricultural disease emergencies. ``(2) Report.--Not later than 180 days after the date of enactment of this subtitle, the Secretary of Agriculture shall submit a report that describes the results of the study to-- ``(A) the Secretary of Homeland Security; and ``(B) the heads of other appropriate governmental agencies involved in response planning for agricultural disease emergencies. ``(c) Geographic Information System Grants.-- ``(1) In general.--The Secretary of Agriculture, in consultation with the Secretary of Homeland Security and the Secretary of the Interior, shall establish a program to provide grants to States to develop capabilities to use geographic information systems and statistical models for epidemiological assessments in the event of agricultural disease emergencies. ``(2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection-- ``(A) $2,500,000 for fiscal year 2004; and ``(B) such sums as are necessary for each fiscal year thereafter. ``(d) Grants To Facilitate Participation of State and Local Animal Health Care Officials.-- ``(1) In general.--The Secretary of Homeland Security, in coordination with the Secretary of Agriculture, shall establish a program to provide grants to communities to facilitate the participation of State and local animal health care officials in community emergency planning efforts. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $5,000,000 for fiscal year 2004. ``SEC. 899C. BIOSECURITY AWARENESS AND PROGRAMS. ``(a) In General.--The Secretary of Agriculture shall implement a public awareness campaign for farmers, ranchers, and other agricultural producers that emphasizes-- ``(1) the need for heightened biosecurity on farms; and ``(2) the reporting of agricultural disease anomalies. ``(b) On-Farm Biosecurity.-- ``(1) In general.--Not later than 240 days after the date of enactment of this subtitle, in consultation with associations of agricultural producers and taking into consideration research conducted under the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.), the Secretary of Agriculture shall-- ``(A) develop guidelines-- ``(i) to improve monitoring of vehicles and materials entering or leaving farm or ranch operations; and ``(ii) to control human traffic entering or leaving farm or ranch operations; and ``(B) disseminate the guidelines to agricultural producers through agricultural education seminars and biosecurity training sessions. ``(2) Authorization of appropriations.-- ``(A) In general.--There are authorized to be appropriated to carry out this subsection-- ``(i) $5,000,000 for fiscal year 2004; and ``(ii) such sums as are necessary for each fiscal year thereafter. ``(B) Education program.--Of the amounts made available under subparagraph (A), the Secretary of Agriculture may use such sums as are necessary to establish in each State an education program to distribute the biosecurity guidelines developed under paragraph (1). ``(c) Biosecurity Grant Pilot Program.-- ``(1) In general.--Not later than 240 days after the date of enactment of this subtitle, the Secretary of Agriculture shall develop a pilot program to provide incentives, in the forms of grants or low-interest loans, each in an amount not to exceed $10,000, for agricultural producers to restructure farm and ranch operations (based on the biosecurity guidelines developed under subsection (b)(1))-- ``(A) to control access to farms or ranches by persons intending to commit an agroterrorist act; ``(B) to prevent the introduction and spread of agricultural diseases; and ``(C) to take other measures to ensure biosecurity. ``(2) Report.--Not later than 3 years after the date of enactment of this subtitle, the Secretary of Agriculture shall submit to the appropriate committees of Congress a report that-- ``(A) describes the implementation of the pilot program; and ``(B) makes recommendations on expansion of the pilot program. ``(3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection-- ``(A) $5,000,000 for fiscal year 2004; and ``(B) such sums as are necessary for each of fiscal years 2005 through 2007.''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by adding at the end of the items relating to title VIII the following: ``Subtitle J--Agriculture Security Assistance ``Sec. 899A. Definitions. ``Sec. 899B. Response plans. ``Sec. 899C. Biosecurity awareness and programs.''.

Agriculture Security Assistance Act - Amends the Homeland Security Act of 2002 to direct the Secretary of Agriculture to: (1) assist States to develop agricultural disease response plans, including regional and national plans; (2) conduct a related modeling and statistical analysis study; (3) provide State grants for epidemiological assessment use of geographic information and statistical analysis models in the event of agricultural disease emergencies; (4) implement a biosecurity awareness program for farmers and ranchers, including on-farm biosecurity guidelines and discretionary education programs; and (5) establish a farm and ranch biosecurity grant and loan pilot program.Authorizes the Secretary of Homeland Security to provide grants for State and local animal health care officials to participate in community emergency planning.

A bill to amend the Homeland Security Act of 2002 to assist States and communities in preparing for and responding to threats to the agriculture of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Enhancement Act of 2002''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Recent financial crises affecting key trading partners show that the health of the international economic system depends on open, competitive markets. (2) Resolution of these financial crises, which tend to arise in relatively closed markets, depends on structural reform. (3) Restrictive foreign government polices, private restraints, and collaborative public-private barriers perpetuate an unacceptably large United States trade deficit which is now once again growing sharply. (4) More broadly, import barriers in major foreign markets injure United States industries by restricting United States exports, by creating profit sanctuaries which serve as platforms for injurious dumping, and by causing shipments from third countries to be diverted to the United States market. (5) The agreements adopted by the World Trade Organization do not currently provide a basis to address sophisticated methods of blocking market access and effective competition in a foreign market, particularly the growing number of joint public-private market access barriers, including nontransparent forms of regulation, which impose a substantial burden on United States and world commerce. (6) Partially as a result of changes effected by the agreements adopted by the World Trade Organization, section 301 of the Trade Act of 1974 does not currently address private and joint public-private market access barriers as effectively as it should. (7)(A) The limitations of the investigative abilities of the United States Trade Representative were highlighted in the investigation conducted under section 301 of the Trade Act of 1974 of the wheat trade practices of the Canadian Wheat Board. (B) In the case referred to in subparagraph (A), the Trade Representative concluded that not only did Canada grant the Canadian Wheat Board (CWB) ``special monopoly rights and privileges which disadvantage United States wheat farmers'', but the CWB also ``refused to provide USTR certain necessary information'' for the section 301 investigation. TITLE I--FOREIGN PRIVATE AND PUBLIC-PRIVATE MARKET ACCESS BARRIERS SEC. 101. AMENDMENTS TO SECTION 301(D) OF THE TRADE ACT OF 1974. (a) Unjustifiable Acts, Policies, and Practices.--Section 301(d)(4)(A) of the Trade Act of 1974 (19 U.S.C. 2411(d)(4)(A)) is amended to read as follows: ``(4)(A) An act, policy, or practice is unjustifiable if the act, policy, or practice-- ``(i) is in violation of, or inconsistent with, the international legal rights of the United States; or ``(ii) constitutes fostering by a foreign government of systematic anticompetitive activities by persons or among persons in one or more foreign countries that have the effect of restricting, on a basis that is inconsistent with commercial considerations, access of United States goods or services to a foreign market or diverting foreign goods or services toward the United States market.''. (b) Unreasonable Acts, Policies, and Practices.--Section 301(d)(3)(B)(i)(IV) of the Trade Act of 1974 (19 U.S.C. 2411(d)(3)(B)(i)(IV)) is amended to read as follows: ``(IV) market opportunities, including the toleration by a foreign government of systematic anticompetitive activities by persons or among persons in one or more foreign countries that have the effect of restricting, on a basis that is inconsistent with commercial considerations, access of United States goods or services to a foreign market or diverting foreign goods or services toward the United States market.''. SEC. 102. AMENDMENTS TO SECTION 304 OF THE TRADE ACT OF 1974. (a) Determination Regarding Private Anticompetitive Conduct.-- Section 304(a)(1) of the Trade Act of 1974 (19 U.S.C. 2414(a)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) if the determination made under subparagraph (A) is affirmative-- ``(i) determine what action, if any, the Trade Representative should take under subsection (a) or (b) of section 301; and ``(ii) further determine whether there is reason to believe that the conduct of the foreign country that is the subject of the determination under subparagraph (A) involves anticompetitive conduct engaged in by any natural or corporate person or persons.''. (b) Referral to Attorney General.--Section 304 of the Trade Act of 1974 is amended by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following: ``(c) Referral to Attorney General.--If the determination under subsection (a)(1)(B)(ii) is affirmative, the Trade Representative shall refer the matter to the Attorney General for investigation into whether the practices at issue constitute violations of the Sherman Act (15 U.S.C. 1-7).''. SEC. 103. TRANSITION RULE; OUTSTANDING DETERMINATIONS BY TRADE REPRESENTATIVE. (a) Treatment of Preexisting Determinations.--The United States Trade Representative shall have the authority to determine, with respect to any affirmative determination made before the enactment of this Act by the Trade Representative under section 304 of the Trade Act of 1974 (19 U.S.C. 2414)-- (1) whether the determination identifies a burden or restriction on United States commerce that has not been eliminated; and (2) whether the determination identifies acts, policies, or practices that are still in existence and that involve anticompetitive conduct engaged in by any natural or corporate person or persons. (b) Timing.--The Trade Representative shall make the determinations described in subsection (a) not later than 120 days after-- (1) a request therefor is made by the original petitioner or its legal successor-in-interest; or (2) publication in the Federal Register of a notice announcing the Trade Representative's intent to review a prior determination on the Trade Representative's own initiative, during which time the Trade Representative shall-- (A) give interested parties an opportunity to comment on all matters to be covered by the determinations; and (B) if the Trade Representative has reason to believe that the original determination identifies acts, policies, or practices that are still in existence and that involve anticompetitive conduct engaged in by any natural or corporate person or persons, refer the matter to the Attorney General pursuant to section 304(c) of the Trade Act of 1974, as amended by this Act. SEC. 104. AMENDMENTS TO THE SHERMAN ACT. The Sherman Act (15 U.S.C. 1-7) is amended by inserting after section 7 the following: ``SEC. 7A. PROCEDURES FOLLOWING REFERRAL FROM TRADE REPRESENTATIVE. ``(a) Investigation by Attorney General.--Upon referral of a matter from the United States Trade Representative under section 304(c) of the Trade Act of 1974, the Attorney General shall commence an investigation into whether the matter involves a violation of this Act. ``(b) Action Following Investigation.-- ``(1) Determination by attorney general.--At the conclusion of the investigation required by subsection (a), the Attorney General shall determine whether there is reason to believe that a person or persons have violated or are violating any of the provisions of this Act. ``(2) Timing of determination.--(A) Subject to subparagraph (B), the Attorney General shall make the determination required under paragraph (1) on or before the date that is 180 days after the date on which the matter was referred by the Trade Representative to the Attorney General. ``(B) If the Attorney General determines that complex or complicated issues are involved in the investigation that require additional time, the Attorney General shall publish in the Federal Register notice of such determination and shall make the determination required under paragraph (1) with respect to such investigation by no later than the date that is 270 days after the date on which the matter was referred by the Trade Representative to the Attorney General. ``(3) Action if determination affirmative.--If the determination under paragraph (1) is affirmative, the Attorney General shall-- ``(A) commence an action in a district court of the United States seeking injunctive relief and any other relief that a court may deem just against the person or persons believed to have violated or be violating any of the provisions of this Act, by issuing a complaint and causing it to be served upon such person or persons; or ``(B) submit a report to the Committees on Ways and Means and on the Judiciary of the House of Representatives and the Committees on Finance and on the Judiciary of the Senate, setting forth reasons for declining to commence an action against the person or persons who the Attorney General has reason to believe have violated or are violating any of the provisions of this Act. Reasons for declining to commence an action may include-- ``(i) such person or persons have ceased the conduct believed to have violated any of the provisions of this Act and have entered into an agreement with the Attorney General whereby they commit to refrain from such conduct in the future; ``(ii) the foreign country or countries in which such person or persons reside have undertaken enforcement action which, in the judgment of the Attorney General, is likely to lead to cessation of the conduct believed to have violated any of the provisions of this Act; ``(iii) it is impossible to obtain personal jurisdiction over such person or persons consistent with the requirement of due process under the United States Constitution; ``(iv) in the interests of comity, such action should not be commenced, taking into account-- ``(I) the relative significance to the alleged violation of conduct within the United States, as compared to conduct abroad; ``(II) the nationality of the persons involved in or affected by the conduct; ``(III) the presence or absence of a purpose to affect United States consumers, markets, or exporters; ``(IV) the relative significance and foreseeability of the effects of the conduct on the United States as compared to the effects abroad; ``(V) the existence of reasonable expectations that would be furthered or defeated by the action; ``(VI) the degree of conflict with foreign law or articulated foreign economic policies; ``(VII) the extent to which the enforcement activities of another country with respect to the same persons, including remedies resulting from those activities, may be affected; and ``(VIII) the effectiveness of enforcement by foreign countries as compared to enforcement action by the United States. The Attorney General shall submit the report under subparagraph (B) referred to no later than the date that is 30 days after the date on which the Attorney General makes the determination required under paragraph (1). ``(4) Action if determination negative.--If the determination under paragraph (1) is negative, the Attorney General shall submit a report to the Committees on Ways and Means and on the Judiciary of the House of Representatives and the Committees on Finance and on the Judiciary of the Senate explaining why the Attorney General reached that determination. The report referred to in the preceding sentence shall be submitted no later than the date that is 30 days after the date on which the Attorney General makes the determination required under paragraph (1).''. TITLE II--ADVERSE INFERENCES BY TRADE REPRESENTATIVE SEC. 201. ADVERSE INFERENCE WARRANTED. (a) In General.--Chapter 1 of title III of the Trade Act of 1974 is amended by adding at the end the following: ``SEC. 311. ADVERSE INFERENCES. ``(a) Determinations Under Section 304.--In making a determination under section 304, if the Trade Representative determines that the foreign government has failed to cooperate by not acting to the best of its ability to-- ``(1) comply with a reasonable request for information, or ``(2) require a party within its jurisdiction to comply with a reasonable request for information, then, in reaching the applicable determination, the Trade Representative may use an inference that is adverse to the interests of the foreign government, if there is a reasonable basis for the inference. Such adverse inference may include reliance on information from other United States Government agencies and departments, and from interested persons. ``(b) Determinations Under Section 304(a)(1)(B)(ii).--In making a determination under section 304(a)(1)(B)(ii), if the Trade Representative determines that a foreign person has failed to cooperate by not acting to the best of its ability to comply with a reasonable request for information, then, in reaching the applicable determination, the Trade Representative may use an inference that is adverse to the interests of the foreign person, if there is a reasonable basis for the inference. Such adverse inference may include reliance on information from other United States Government agencies and departments, and from interested persons.''. (b) Conforming Amendment.--The table of contents for the Trade Act of 1974 is amended by adding after the item relating to section 310 the following new item: ``Sec. 311. Adverse inferences.''.

Trade Enhancement Act of 2002 - Amends the Trade Act of 1974 to make an act, policy, or practice unjustifiable if it constitutes fostering by a foreign government of systematic anticompetitive activities by persons or among persons in one or more foreign countries that have the effect of restricting, on a basis inconsistent with commercial considerations, access of U.S. goods or services to a foreign market or diverting foreign goods or services toward the U.S. market. Makes it an unreasonable act, policy, and practice for a foreign government to tolerate such systematic anticompetitive activities.Requires the United States Trade Representative (USTR), in addition to determining what action to take with respect to any act, policy, or practice found unjustifiable or unreasonable, to: (1) further determine whether there is reason to believe that the conduct of the foreign country concerned involves anticompetitive conduct engaged in by any natural or corporate person or persons; and (2) if so, refer the matter to the Attorney General for investigation into whether such conduct violates the Sherman Act.Amends the Sherman Act to require the Attorney General to: (1) conduct such an investigation if the USTR refers such a matter; and (2) commence an action in a U.S. district court seeking injunctive and other relief if an investigation results in an affirmative determination.Amends the Trade Act of 1974 to authorize the USTR to use, if it has a reasonable basis, an inference adverse to the interests of any foreign government which has failed to cooperate by not acting to the best of its ability to: (1) comply with a reasonable request for information; or (2) require a party within its jurisdiction to comply with a reasonable request for information.

To amend the Trade Act of 1974 and the Sherman Act to address foreign private and joint public-private market access barriers that harm United States trade, and to amend the Trade Act of 1974 to address the failure of foreign governments to cooperate in the provision of information relating to certain investigations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Disability Waiting Period Elimination Act of 2001''. SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON DISABILITY. (a) Disability Insurance Benefits.-- (1) In general.--The first sentence of section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``(i) for each month'' and all that follows through ``the first month in which he is under such disability'' and inserting the following: ``for each month beginning with the first month during all of which such individual is under a disability and in which such individual becomes so entitled to such insurance benefits''. (2) Waiting period eliminated from determination of benefit amount.-- (A) In general.--The first sentence of section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended by striking ``in--'' and all that follows through ``and as though'' and inserting the following: ``in the first month for which such individual becomes entitled to such disability insurance benefits, and as though''. (B) Conforming amendment.--The second sentence of section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended by striking ``subparagraph (A) or (B) of such sentence, as the case may be'' and inserting ``such sentence''. (3) Elimination of defined term.-- (A) In general.--Section 223(c)(2) of such Act is repealed. (B) Conforming amendments.-- (i) The heading of section 223(c) of such Act (42 U.S.C. 423(c)) is amended to read as follows: ``Definition of Insured Status''. (ii) Section 223(c)(1) of such Act (42 U.S.C. 423(c)(1)) is amended by striking ``For purposes of subparagraph (B) of this paragraph, when the number of quarters'' in the last sentence and inserting the following: ``(2) In applying paragraph (1)(B), when the number of quarters''. (b) Widow's Insurance Benefits Based on Disability.-- (1) In general.--Section 202(e)(1)(F) of such Act (42 U.S.C. 402(e)(1)(F)) is amended to read as follows: ``(F) if she satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits,''. (2) Elimination of defined term.--Section 202(e) of such Act (42 U.S.C. 402(e)) is amended-- (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (5), (6), (7), and (8), respectively. (c) Widower's Insurance Benefits Based on Disability.-- (1) In general.--Section 202(f)(1)(F) of such Act (42 U.S.C. 402(f)(1)(F)) is amended to read as follows: ``(F) if he satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits,''. (2) Elimination of defined term.--Section 202(f) of such Act (42 U.S.C. 402(f)) is amended-- (A) by striking paragraph (6); and (B) by redesignating paragraphs (7), (8), and (9) as paragraphs (6), (7), and (8), respectively. SEC. 3. ELIMINATION OF WAITING PERIOD FOR COMMENCEMENT OF PERIODS OF DISABILITY. Section 216(i)(2)(A) of the Social Security Act (42 U.S.C. 416(i)(2)(A)) is amended by striking ``, but only'' and all that follows and inserting a period. SEC. 4. ELIMINATION OF WAITING PERIOD FOR MEDICARE DISABILITY BENEFITS. (a) In General.--Section 226(b) of the Social Security Act (42 U.S.C. 426(b)) is amended-- (1) in paragraph (2)(A), by striking ``, and has for 24 calendar months been entitled to,''; (2) in paragraph (2)(B), by striking ``, and has been for not less than 24 months,''; (3) in paragraph (2)(C)(ii), by striking ``, including the requirement that he has been entitled to the specified benefits for 24 months,''; (4) in the first sentence, by striking ``for each month beginning with the later of (I) July 1973 or (II) the twenty- fifth month of his entitlement or status as a qualified railroad retirement beneficiary described in paragraph (2), and'' and inserting ``for each month for which the individual satisfies paragraph (2), beginning with the first month in which the individual satisfies such paragraph, and''; (5) in the second sentence, by striking ``the `twenty-fifth month of his entitlement' '' and all that follows through ``paragraph (2)(C) and''; and (6) in the third sentence, by striking ``, but not in excess of 24 such months''. (b) Conforming Amendment.-- (1) Section 226.--Section 226 of the Social Security Act (42 U.S.C. 426) is amended by striking subsection (f). (2) Medicare description.--Section 1811(2) of such Act (42 U.S.C. 1395c(2)) is amended by striking ``have been entitled for not less than 24 months'' and inserting ``are entitled''. (3) Medicare coverage.--Section 1837(g)(1) of such Act (42 U.S.C. 1395p(g)(1)) is amended by striking ``25th month'' and inserting ``first month''. (4) Railroad retirement system.--Section 7(d)(2)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is amended-- (A) by striking ``has been entitled to an annuity'' and inserting ``is entitled to an annuity''; (B) by striking ``, for not less than 24 months''; and (C) by striking ``could have been entitled for 24 calendar months, and''. SEC. 5. EFFECTIVE DATES. (a) Section 2.--The amendments made by subsection (a) of section 2 of this Act shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months after the third month following the month in which this Act is enacted. The amendments made by subsections (b) and (c) of section 2 of this Act shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act (42 U.S.C. 402) for months after the third month following the month in which this Act is enacted. The amendment made by subsection (d) of section 2 of this Act shall apply only with respect to benefits for months after the third month following the month in which this Act is enacted. (b) Section 3.--The amendment made by section 3 of this Act shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act on or after the 90th day following the date of the enactment of this Act. (c) Section 4.--The amendments made by section 4 shall apply to insurance benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning at least 90 days after the date of the enactment of this Act.

Social Security Disability Waiting Period Elimination Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to: (1) eliminate the five-month waiting period for disability insurance benefit payments and for widow's and widower's insurance benefits based on disability; (2) eliminate the waiting period for commencement of periods of disability; and (3) eliminate the 24 month waiting period for entitlement to Hospital Insurance program benefits under part A of SSA title XVIII (Medicare).

To amend titles II and XVIII of the Social Security Act to eliminate the 5-month waiting period which is presently required in order for an individual to be eligible for benefits based on disability or for the disability freeze and to eliminate the 24-month waiting period for disabled individuals to become eligible for Medicare benefits.

SECTION 1. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the President has set several ambitious national goals to improve education in the United States as part of the America 2000 program; (2) the length of the academic year at most elementary and secondary schools in the United States consists of approximately 175 to 180 academic days while the length of the academic year at elementary and secondary schools in a majority of the other industrialized countries consists of approximately 190 to 240 academic days; (3) an international testing organization has found in various studies of 15 developed and less developed countries that secondary students from the United States scored at or near the bottom in geometry, advanced algebra, and calculus; (4) various studies indicate that extending the length of the academic year at elementary and secondary schools results in a significant increase in actual student learning time, even when much of the time in the extended portion of the academic year is used for increased teacher training and increased parent-teacher interaction; (5) extending the length of the academic year at elementary and secondary schools will lessen the need for review at the beginning of an academic year of course material covered in the previous academic year; (6) in 1988 the report entitled ``A Nation At Risk'' recommended that school districts extend the length of the academic year at elementary and secondary schools to 220 academic days and increase the academic day from 6 to 7 hours; and (7) elementary and secondary schools in the United States have increased the number and types of courses they offer students, including health education courses and driver education courses, without increasing the overall amount of time spent for course instruction. SEC. 2. ESTABLISHMENT OF DEMONSTRATION GRANT PROGRAM. (a) In General.--The Secretary shall, from amounts appropriated under section 3, provide grants to secondary schools to extend the length of the academic year at such schools to not fewer than 200 academic days. A grant under this subsection may extend over a period of not more than 3 fiscal years. The provision of payments under such grant shall be subject to annual approval by the Secretary and subject to the availability of appropriations for the fiscal year involved to make the payments. (b) Application Requirements.--To receive a grant under subsection (a), a secondary school shall submit to the Secretary an application which contains assurances satisfactory to the Secretary that-- (1) such school will extend the length of each of the 3 consecutive academic years falling within the years for which such school receives payments of a grant under subsection (a) to not fewer than 200 academic days, with each such academic day to consist of not fewer than 7 hours devoted to actual instruction, as determined by the Secretary; and (2) except as provided in subsection (c), such school will provide funds from non-Federal sources, in an amount equal to 20 percent of the Federal funds provided in the grant, for the purpose of extending the length of its academic year. (c) Good-Faith Exception.--A secondary school shall be considered to have satisfied the requirement of subsection (b)(2) if such school makes a good-faith attempt to satisfy such requirement, as determined by the Secretary. (d) Selection Requirements.--The Secretary shall select secondary schools to receive grants under subsection (a) which-- (1) have submitted an application in accordance with subsection (b); (2) currently have academic years consisting of fewer than 200 academic days; (3) to the extent practicable, consist of a high percentage of students from single-parent homes or homes where both parents work; and (4) to the extent practicable, are located in economically depressed communities which have a high percentage of individuals-- (A) with alcohol abuse and other drug abuse problems; and (B) involved in gang-related activities. (e) Geographic Diversity Requirement.--To the extent practicable, the Secretary shall ensure that grants received by secondary schools under this Act are equitably distributed among the various regions of the United States and among rural and urban areas within such regions. (f) Selection of Replacement Schools.--If any secondary school which receives a grant under subsection (a) fails to comply with any of the requirements of the demonstration grant program, then the Secretary may select another secondary school which complies with such requirements to replace such school for the remaining number of years in such grant. (g) Notification Requirement.--The Secretary shall notify each State and local educational agency of a secondary school which receives a grant under subsection (a) that such school is participating in the demonstration grant program. (h) Study.--The Secretary shall conduct a study which shall-- (1) include a test of the students at each secondary school which receives a grant under subsection (a) by measuring the extent to which the extended academic year increased the learning retention of such students; (2) examine the effects of the extended academic year on the learning process of such students in general, including the extent to which the demonstration grant program has-- (A) increased the daily attendance rate and decreased the drop-out rate of such students; (B) increased the parental involvement at each such school; (C) increased the number of such students attending post-secondary educational institutions; (D) positively influenced the behavioral and social skills of such students; and (E) reduced alcohol abuse, other drug abuse, and gang-related activities among such students; and (3) examine the extent to which such students, teachers, parents of such students, and the local educational agency and State educational agency of such secondary school, believe the extended academic year to have been successful with respect to the goals specified in paragraphs (1) and (2). (i) Reports.-- (1) Preliminary report.--The Secretary shall submit a preliminary report to the President, the Congress, and each State educational agency of a secondary school which receives a grant under subsection (a) not later than August 1, 1999, containing-- (A) a compilation of the information resulting from the study conducted pursuant to subsection (h); (B) a description of the extent to which the Secretary believes the demonstration grant program to have been successful; and (C) recommendations for changes and improvements in such demonstration grant program. (2) Final report.--To the extent significant additional information from the study is received after the submission of the preliminary report pursuant to paragraph (1), the Secretary shall submit a final report containing such information to each of the authorities described in paragraph (1) not later than January 1, 2000. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $10,000,000 for each of the fiscal years 1997, 1998, and 1999, and such sums may remain available until expended. SEC. 4. DEFINITIONS. As used in this Act: (1) The terms ``local educational agency'', ``State'', and ``State educational agency'' have the respective meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965. (2) The term ``secondary school'' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965, except that such term does not include any education provided below grade 7. (3) The term ``Secretary'' means the Secretary of Education.

Directs the Secretary of Education to provide demonstration grants to secondary schools to extend the length of the academic year at such schools, for three consecutive years, to at least 200 academic days, with each such day consisting of at least seven hours of actual instruction. Requires selection, to the extent practicable, of schools that: (1) have a high percentage of students from single-parent homes or homes where both parents work; (2) are located in economically depressed communities with high percentages of individuals with alcohol and other drug abuse problems and individuals involved in gang activities; and (3) are equitably distributed among various regions and among rural and urban areas. Directs the Secretary to study and report to the President, the Congress, and each pertinent State educational agency on the effects of such academic year extension. Authorizes appropriations.

To provide demonstration grants to secondary schools for the purpose of extending the length of the academic year at such school.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Production Expansion Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) it is in the best interest of the United States to develop clean renewable geothermal energy; (2) development of that energy should be promoted on appropriate Federal land; (3) under the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.), the Bureau of Land Management is authorized to issue 3 different types of noncompetitive leases for production of geothermal energy on Federal land, including-- (A) noncompetitive geothermal leases to mining claim holders that have a valid operating plan; (B) direct use leases; and (C) leases on parcels that do not sell at a competitive auction; (4) Federal geothermal energy leasing activity should be directed toward persons seeking to develop the land as opposed to persons seeking to speculate on geothermal resources and artificially raising the cost of legitimate geothermal energy development; (5) developers of geothermal energy on Federal land that have invested substantial capital and made high risk investments should be allowed to secure a discovery of geothermal energy resources; and (6) successful geothermal development on Federal land will provide increased revenue to the Federal Government, with the payment of production royalties over decades. SEC. 3. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF GEOTHERMAL RESOURCES. Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following: ``(4) Adjoining land.-- ``(A) Definitions.--In this paragraph: ``(i) Fair market value per acre.--The term `fair market value per acre' means a dollar amount per acre that-- ``(I) except as provided in this clause, shall be equal to the market value per acre as determined by the Secretary under regulations issued under this paragraph; ``(II) shall be determined by the Secretary with respect to a lease under this paragraph, by not later than the end of the 90-day period beginning on the date the Secretary receives an application for the lease; and ``(III) shall be not less than the greater of-- ``(aa) 4 times the median amount paid per acre for all land leased under this Act during the preceding year; or ``(bb) $50. ``(ii) Industry standards.--The term `industry standards' means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources, as determined through flow or injection testing or measurement of lost circulation while drilling. ``(iii) Qualified federal land.--The term `qualified Federal land' means land that is otherwise available for leasing under this Act. ``(iv) Qualified geothermal professional.-- The term `qualified geothermal professional' means an individual who is an engineer or geoscientist in good professional standing with at least 5 years of experience in geothermal exploration, development, or project assessment. ``(v) Qualified lessee.--The term `qualified lessee' means a person that may hold a geothermal lease under part 3202.10 of title 43, Code of Federal Regulations, as in effect on the date of enactment of the Geothermal Production Expansion Act of 2010. ``(vi) Valid discovery.--The term `valid discovery' means a discovery of a geothermal resource by a new or existing slim hole or production well, that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards. ``(B) Authority.--An area of qualified Federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre, if-- ``(i) the area of qualified Federal land-- ``(I) consists of not less than 1 acre and not more than 640 acres; and ``(II) is not already leased under this Act or nominated to be leased under subsection (a); ``(ii) the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause (iii)(I); and ``(iii) sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable Federal land management agency that would lead individuals who are experienced in the subject matter to believe that-- ``(I) there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources; and ``(II) that thermal feature extends into the adjoining areas. ``(C) Determination of fair market value.-- ``(i) In general.--The Secretary shall-- ``(I) publish a notice of any request to lease land under this paragraph; ``(II) determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the Secretary; ``(III) provide to a qualified lessee and publish any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph; ``(IV) provide to the qualified lessee the opportunity to appeal the proposed determination during the 30- day period beginning on the date that the proposed determination is provided to the qualified lessee; and ``(V) provide to any interested member of the public the opportunity to appeal the proposed determination in accordance with the process established under parts 4 and 1840, and section 3200.5, of title 43, Code of Federal Regulations (as in effect on the date of enactment of the Geothermal Production Expansion Act of 2010) during the 30-day period beginning on the date that the proposed determination is published. ``(ii) Limitation on nomination.--After publication of a notice of request to lease land under this paragraph, the Secretary may not accept under subsection (a) any nomination of the land for leasing unless the request has been denied or withdrawn. ``(D) Regulations.--Not later than 180 days after the date of enactment of the Geothermal Production Expansion Act of 2010, the Secretary shall issue regulations to carry out this paragraph.''.

Geothermal Production Expansion Act of 2010 - Amends competitive lease provisions of the Geothermal Steam Act of 1970 to allow an area of qualified federal land (land that is otherwise available for leasing under that Act) that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources to be available for a noncompetitive lease to such lessee at fair market value per acre if: (1) the area of qualified federal land consists of not less than one acre and not more than 640 acres and is not already leased or nominated to be leased; (2) the qualified lessee has not previously received a noncompetitive lease in connection with the valid discovery for which data has been submitted; and (3) sufficient technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable federal land management agency that would lead individuals who are experienced in the subject matter to believe that there is a valid discovery of geothermal resources on the land and that such thermal feature extends into the adjoining areas. Defines "fair market value per acre" as a dollar amount per acre that shall be: (1) equal to the market value per acre as determined by the Secretary of the Interior within 90 days after the Secretary receives an application for a lease, and (2) not less than the greater of 4 times the median amount paid per acre for all land leased under such Act during the preceding year or $50. Directs the Secretary to: (1) publish a notice of any request for such a lease; (2) determine fair market value in accordance with procedures established by the Secretary; (3) provide to a qualified lessee and publish any proposed determination of the fair market value of the area the qualified lessee seeks to lease; and (4) provide the lessee and the public an opportunity to appeal a proposed determination during the 30-day period after the determination is provided or published, respectively. Prohibits the Secretary from accepting any nomination of land for leasing after publication of a notice of request to lease such land unless the request has been denied or withdrawn.

A bill to expand geothermal production, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spent Nuclear Fuel On-Site Storage Security Act of 2005''. SEC. 2. DRY CASK STORAGE OF SPENT NUCLEAR FUEL. (a) In General.--Title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121 et seq.) is amended by adding at the end the following: ``Subtitle I--Dry Cask Storage of Spent Nuclear Fuel ``SEC. 185. DRY CASK STORAGE OF SPENT NUCLEAR FUEL. ``(a) Definitions.--In this section: ``(1) Contractor.--The term `contractor' means a person that holds a contract under section 302(a). ``(2) Spent nuclear fuel pool.--The term `spent nuclear fuel pool' means a water-filled container in which spent nuclear fuel rods are stored. ``(3) Spent nuclear fuel dry cask.--The term `spent nuclear fuel dry cask' means the container, and all the components and systems associated with the container, in which spent nuclear fuel is stored at a Commission-licensed independent spent fuel storage facility located at the power reactor site. The design of any such spent nuclear fuel dry cask shall be approved by the Commission. ``(b) Transfer of Spent Nuclear Fuel.-- ``(1) In general.--A contractor shall transfer spent nuclear fuel from spent nuclear fuel pools to spent nuclear fuel dry casks at a Commission-licensed independent spent fuel storage facility located at the power reactor site. ``(2) Spent nuclear fuel stored as of date of enactment.--A contractor shall complete the transfer of all spent nuclear fuel that is stored in spent nuclear fuel pools as of the date of enactment of this subsection not later than 6 years after the date of enactment of this subsection. ``(3) Spent nuclear fuel stored after date of enactment.--A contractor shall complete the transfer of any spent nuclear fuel that is stored in a spent nuclear fuel pool after the date of enactment of this subsection not later than 6 years after the date on which the spent nuclear fuel is discharged from the reactor. ``(4) Inadequate funds.--If funds are not available to complete a transfer under paragraph (2) or (3), the contractor may apply to the Commission to extend the deadline for the transfer to be completed. ``(c) Funding.--The Secretary shall make grants to compensate a contractor for expenses incurred in carrying out subsection (b), including costs associated with-- ``(1) licensing and construction of an independent spent fuel storage facility located at the power reactor site; ``(2) construction and delivery of spent nuclear fuel dry casks; ``(3) transfers of spent nuclear fuel; ``(4) documentation relating to the transfers; ``(5) security; and ``(6) hardening. ``(d) Conveyance of Title.-- ``(1) Determination.--Not later than 30 days after the transfer of spent nuclear fuel from a spent nuclear fuel pool to a spent nuclear fuel dry cask, the Commission shall determine whether the contractor carried out the transfer in full compliance with regulations promulgated by the Commission. ``(2) Noncompliance.--If the Commission determines that any technical standard or compliance provision under the regulations was not complied with, the Commission shall-- ``(A) notify the contractor; and ``(B) take such actions as are necessary to obtain full compliance. ``(3) Certification and conveyance of title.--When the Commission determines that the contractor has fully complied with the regulations-- ``(A) the Commission shall certify that safe transfer has been accomplished; and ``(B) the Secretary shall accept the conveyance of title to the spent nuclear fuel dry cask (including the contents of the cask) from the contractor. ``(4) Responsibility.--A conveyance of title under paragraph (3)(B) shall confer on the Secretary full responsibility (including financial responsibility) for the possession, stewardship, maintenance, and monitoring of all spent nuclear fuel transferred to the Secretary.''. (b) Funding.--Section 302(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) the provision of grants under section 185(d).''. SEC. 3. IMMEDIATE CONVEYANCE OF TITLE TO SPENT NUCLEAR FUEL PREVIOUSLY CERTIFIED TO BE IN COMPLIANCE. Not later than 30 days after the date of enactment of this Act, the Secretary of Energy shall accept the conveyance of title to all spent nuclear fuel with respect to which, before the date of enactment of this Act, the Nuclear Regulatory Commission has certified that a contractor under section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) has completed transfer to spent nuclear fuel dry casks in compliance with applicable regulations in effect as of the date of transfer.

Spent Nuclear Fuel On-Site Storage Security Act of 2005 - Amends the Nuclear Waste Policy Act of 1982 to prescribe guidelines for the transfer of spent nuclear fuel, within six years after enactment of this Act, from spent nuclear fuel pools into spent nuclear fuel dry casks at an independent spent fuel storage facility licensed by the Nuclear Regulatory Commission (NRC) and located at the power reactor site. Instructs the Secretary of Energy to: (1) make grants to compensate a contractor for expenses incurred in carrying out such transfer; and (2) accept the conveyance of title to a spent nuclear fuel dry cask (including its contents) from the contractor following certification of compliance by the NRC. Confers upon the Secretary full responsibility (including financial responsibility) for the possession, stewardship, maintenance, and monitoring of all spent nuclear fuel transferred to the Secretary. Requires the Secretary to accept the conveyance of title to all spent nuclear fuel with respect to which, before enactment of this Act, the NRC has certified that certain contractors have completed transfer to spent nuclear fuel dry casks in compliance with applicable regulations.

To amend the Nuclear Waste Policy Act of 1982 to require commercial nuclear utilities to transfer spent nuclear fuel pools into spent nuclear fuel dry casks and convey to the Secretary of Energy title to all spent nuclear fuel thus safely stored.

SECTION 1. SENIOR LEVEL POSITIONS. (a) In General.--Subchapter III of chapter 7 of subtitle I of title 31, United States Code, is amended by inserting after section 732 the following: ``Sec. 732a. Critical positions ``The Comptroller General may establish senior-level positions to meet critical scientific, technical or professional needs of the Office from the positions authorized under sections 731(d), (e)(1), (e)(2), and 732(c)(4) of this title. An individual serving in such a position shall-- ``(1) be subject to the laws and regulations applicable to the General Accounting Office Senior Executive Service established under section 733 of this title, with respect to rates of basic pay, performance awards, ranks, carry over of annual leave, benefits, performance appraisals, removal or suspension, and reduction in force; ``(2) have the same rights of appeal to the General Accounting Office Personnel Appeals Board that are provided to the General Accounting Office Senior Executive Service; ``(3) be exempt from the same provisions of law made inapplicable to the General Accounting Office Senior Executive Service under section 733(d) of this title, except for section 732(e) of this title; ``(4) be entitled to receive a discontinued service retirement under chapter 83 or 84 of title 5 as if a member of the General Accounting Office Senior Executive Service; and ``(5) be subject to reassignment by the Comptroller General to any Senior Executive Service position created under section 733 of this title as the Comptroller General determines necessary and appropriate.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 7 of title 31, United States Code, is amended by inserting after the item relating to section 732 the following: ``732a. Critical positions.''. SEC. 2. REASSIGNMENT TO SENIOR LEVEL POSITIONS. Section 733(a) of title 31, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following: ``(7) The Comptroller General may reassign a member of the Senior Executive Service to any senior-level position created under section 732a of this title as the Comptroller determines necessary and appropriate; and''. SEC. 3. EXPERTS AND CONSULTANTS. Section 731(e) of title 31, United States Code, is amended-- (1) by striking ``not more than 3 years'' in paragraph (1) and inserting ``3-year renewable terms''; and (2) by striking ``level V'' in paragraph (2) and inserting ``level IV''. SEC. 4. VOLUNTARY EARLY RETIREMENT AUTHORITY. Section 732 of title 31, United States Code, is amended by adding at the end the following: ``(i)(1) An officer or employee of the General Accounting Office who is separated from the service under conditions described in paragraph (2) of this subsection after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity in accordance with the provisions of chapter 83 or 84 of title 5, as applicable. ``(2) Paragraph (1) of this subsection applies to an officer or employee who-- ``(A) has been employed continuously by the General Accounting Office for more than 30 days before the date on which the Comptroller General makes the determination required under subparagraph (D); ``(B) is serving under an appointment that is not limited by time; ``(C) has not received a decision notice of involuntary separation for misconduct or unacceptable performance that is pending decision; and ``(D) is separated from the service voluntarily during a period in which the Comptroller General offers the officer or employee an early retirement for the purpose of realigning the agency workforce in order to meet mission needs, correcting skill imbalances, or reducing high-grade, managerial, or supervisory positions. ``(3) For purposes of chapters 83 and 84 of title 5 (including for purposes of computation of an annuity under such chapters), an officer or employee entitled to an annuity under this subsection shall be treated as an employee entitled to an annuity under section 8336(d) or 8414(b) of such title, as applicable. ``(4) The Comptroller General shall promulgate regulations to implement paragraph (1) that provide for offers of early retirement to any individual employee or groups of employees based on skills, knowledge, performance, or other similar factors or combination of such factors determined by the Comptroller General. ``(5) As used in this subsection, the terms `employee' and `annuity' shall have the same meaning as defined in chapters 83 and 84 of title 5, as applicable. The term `officer' shall have the same meaning as `employee.' ``(6) The Comptroller General may not utilize the authority granted under this subsection to grant voluntary early retirements to more than 10 percent of the workforce of the General Accounting Office in any fiscal year.''. SEC. 5. SEPARATION PAY. Section 732 of title 31, United States Code, as amended by section 4 of this Act, is amended by adding at the end the following: ``(j) The Comptroller General may offer separation pay to an officer or employee under this subsection subject to such limitations or conditions as the Comptroller General may require for purposes of realigning the workforce in order to meet mission needs, correcting skill imbalances, or reducing high-grade, managerial, or supervisory positions. Such separation pay-- ``(1) shall be paid, at the option of the officer or employee, in a lump sum or equal installment payments; ``(2) shall be equal to the lesser of-- ``(A) an amount equal to the amount the officer or employee would be entitled to receive under section 5595(c) of title 5 if the officer or employee were entitled to payment under such section; or ``(B) $25,000; ``(3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; ``(4) shall not be taken into account for purposes of determining the amount of any severance pay to which an individual may be entitled under section 5595 of title 5 based on any other separation; ``(5) shall only be paid to an officer or employee serving under an appointment without time limitation, who has been currently employed for a continuous period of at least 12 months, but does not include-- ``(A) a reemployed annuitant under subchapter III of chapter 83 of title 5, chapter 84 of title 5, or another retirement system for employees of the Government; or ``(B) an officer or employee having a disability on the basis of which such officer or employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A); ``(6) shall terminate, upon reemployment in the Federal Government, during receipt of installment payments; ``(7) shall be repaid in its entirety upon reemployment in the Federal Government or working for any agency of the Government through personal services contract within 5 years after the date of the separation on which payment of the separation pay is based, except that-- ``(A) if the employment is with an Executive agency, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position; ``(B) if the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position; ``(C) if the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position; or ``(D) if the employment is without compensation, the appointing official may waive the repayment; ``(8) shall be paid under regulations providing that offers of separation pay shall be based on skills, knowledge, performance, or other similar factors or combination of such factors determined by the Comptroller General; ``(9) shall be paid upon the condition that the General Accounting Office remit to the Office of Personnel Management for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund an amount equal to 45 percent of the final annual basic pay for each employee covered under subchapter III of chapter 83 or chapter 84 of title 5 to whom separation pay has been paid under this section and-- ``(A) such remittance shall be in addition to any other payments which the General Accounting Office is required to make under subchapter III of chapter 83 or chapter 84 of title 5; and ``(B) for purposes of this paragraph the term `final basic pay' with respect to an employee means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefore; ``(10) shall not be paid to more than 5 percent of the workforce of the General Accounting Office in any fiscal year; and ``(11) shall be paid to employees under this section for a period of 5 years following the enactment of this section unless Congress renews the authority for an additional period of time.''. SEC. 6. REDUCTION IN FORCE. Section 732(h) of title 31, United States Code, is amended to read as follows: ``(h)(1) Notwithstanding the provisions of subchapter I of chapter 35 of title 5, the Comptroller General shall prescribe regulations for the release of officers and employees of the General Accounting Office in a reduction in force which is carried out for downsizing, realigning, or correcting skill imbalances. The regulations shall give effect to military preference and may take into account such other factors as skills, knowledge, and performance in such a manner and to such an extent as the Comptroller General determines necessary and appropriate. ``(2) Except as provided under paragraph (3), an employee may not be released, due to a reduction in force, unless such employee is given written notice at least 60 days before such employee is so released. Such notice shall include-- ``(A) the personnel action to be taken with respect to the employee involved; ``(B) the effective date of the action; ``(C) a description of the procedures applicable in identifying employees for release; ``(D) the employee's ranking relative to other competing employees, and how that ranking was determined; and ``(E) a description of any appeal or other rights which may be available. ``(3) The Comptroller General may, in writing, shorten the period of advance notice required under paragraph (2) with respect to a particular reduction in force, if necessary because of circumstances not reasonably foreseeable, except that such period may not be less than 30 days.''. SEC. 7. ANNUAL REPORT. Section 719 of title 31, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1) by striking ``and'' after the semicolon; (B) in paragraph (2) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(3) appropriate legislative changes to sections 732(h), (i), and (j) of this title.''; and (2) in subsection (b)(1)-- (A) in subparagraph (B) by striking ``and'' after the semicolon; (B) in subparagraph (C) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) a description of the actions taken under sections 732 (h), (i), and (j) of this title, including information on the number of employees who received voluntary early retirements and separation pay under sections 732(i) and (j) and who were released under a reduction in force action under section 732(h), and an assessment of the effectiveness and usefulness of these human capital initiatives in achieving the agency's mission, meeting its performance goals, and fulfilling its strategic plan.''. SEC. 8. FIVE-YEAR ASSESSMENT. (a) In General.--Not later than 5 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report concerning the implementation and effectiveness of the provisions of this Act. (b) Content.--The report under this section shall include-- (1) a summary of the portions of the annual reports required under sections 719(a)(3) and (b)(1)(D) of title 31, United States Code; (2) recommendations for continuation of or legislative changes to sections 732(h), (i), and (j) of title 31, United States Code; and (3) any assessments or recommendations of the General Accounting Office Personnel Appeals Board and interested employee groups or associations within the General Accounting Office.

Provides guidelines for: (1) voluntary early retirement authority; and (2) separation pay. Directs the Comptroller General to prescribe regulations for a reduction in force implemented for downsizing, realigning, or correcting skill imbalances.

A bill to amend chapter 7 of title 31, United States Code, to authorize the General Accounting Office to take certain personnel actions, and for other purposes.

SECTION 1. SHORT TITLE. This act may be cited as the ``Commercial Fishing Industry Health Care Coverage Act of 2008''. SEC. 2. GRANTS FOR QUALIFIED COMMERCIAL FISHING INDUSTRY HEALTH CARE COVERAGE DEMONSTRATION PROGRAMS. Part B of title III of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 320B. GRANTS FOR QUALIFIED COMMERCIAL FISHING INDUSTRY HEALTH CARE COVERAGE DEMONSTRATION PROGRAMS. ``(a) Establishment of Program.-- ``(1) In general.--The Secretary, through the Health Resources and Services Administration, shall establish a grant program (in this section referred to as the `grant program') for the purpose of assisting commercial fishing States to establish, or strengthen existing, programs to expand health care coverage and access for uninsured or underinsured workers and their families in the commercial fishing industry. ``(2) Types of grants.--Under the grant program, the Secretary shall provide-- ``(A) program planning grants under subsection (b) for commercial fishing States and organizations within such States; and ``(B) implementation and administration grants under subsection (c) for no more than 15 commercial fishing States. ``(3) Application required.--No grant may be awarded under this section except pursuant to an application that is made in such form and manner, and containing such information, as the Secretary may require. ``(b) Program Planning Grants.-- ``(1) In general.--Under the grant program the Secretary may award grants to one or more commercial fishing States (or to organizations with a history of active involvement in the commercial fishing industry in such a State, including knowledge of economic and social aspects of such industry), not to exceed $200,000 for each year and for no more than two years, to conduct initial research and planning for the development of a qualified health care coverage program in the State. Any grantee under this subsection shall-- ``(A) conduct a demographic survey of the State's commercial fishing industry and such industry's health care needs; and ``(B) develop a strategic plan, including a detailed financial plan, for implementation of a qualified health care coverage program within the State. ``(2) Consultation with states.--Before awarding a grant under this subsection to an organization, the Secretary shall consult with States where the organization is located in order to assist in a determination as to whether the organization-- ``(A) has the necessary familiarity with and knowledge of the commercial fishing industry in the State to fulfill the purposes of the grant; and ``(B) has a history of fraudulent or abusive practices that would disqualify the organization from carrying out the grant. ``(3) Actions following completion of planning grants.-- Based on the research findings, financial plan, and other recommendations developed by the State or organization under paragraph (1), a State may submit an application for program implementation and administration grants under subsection (c). ``(c) Implementation and Program Administration Grants.-- ``(1) In general.--Under the grant program, subject to the succeeding provisions of this subsection, the Secretary may award the following grants to commercial fishing States: ``(A) Initial implementation grants.--A grant, not to exceed $2,000,000 for each year and for no more than two years, for initial implementation of a qualified health care coverage program. ``(B) Program administration grants.--A grant, not to exceed $3,000,000 for each year and for no more than five years, for administration of a qualified health care coverage program. ``(C) Continued administration grants.--A grant, not to exceed $3,000,000 for each year, for continued administration of a qualified health care coverage program in a State that has been awarded administration grants for 5 years under subparagraph (B) and that has satisfactorily administered such program using the funds provided by such grants for at least 5 years, if the economic conditions of the fishing industry in the program's service area (or the condition of fish stocks that are important to the fishing industry in such area) jeopardize the ability of the program to continue providing affordable health care coverage. A grant may be made for a qualified health care coverage program under subparagraph (A) or (B) regardless of whether or not the program was developed with a program planning grant under subsection (b) or was implemented under a grant under subparagraph (A), respectively, and regardless of whether the program was developed or initially implemented before the date of the enactment of this section. ``(2) Eligibility requirements.--The Secretary may not award a grant under this subsection to a commercial fishing State for implementation or administration of a health care coverage program unless-- ``(A) the State demonstrates that the program-- ``(i) is a qualified health care coverage program and enrolls fishing industry members and their families if they were uninsured or underinsured; and ``(ii) requires Federal funding for its operation; and ``(B) the State provides assurances satisfactory to the Secretary that-- ``(i) if the program is an expansion of an existing health care coverage program, the State will use the grant funding to expand the enrolled population of uninsured or underinsured commercial fishing industry members and their families, or modify coverage to comply with qualified health care coverage, under the program and to supplement, and not supplant, State provided funding for such program; or ``(ii) if the program is a new qualified health care coverage program, the State will ensure the program's continued success through the implementation of appropriate financial and consumer protection regulations, controls, licensing, or oversight policies, including (as determined by the State) any of the following: ``(I) Protection against insolvency, fraud and abuse. ``(II) State-based stop-loss protection. ``(III) Reinsurance. ``(IV) Receivership/liquidation protection against insolvency for individuals. ``(V) Another demonstration of State financial commitment. ``(3) Requirement of matching funds.-- ``(A) In general.--A grant may be made under this subsection only if the State agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than $1 for each $2 of Federal funds provided in the grant. ``(B) Determination of amount contributed.--Non- Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(4) Contracting authority.-- ``(A) In general.--A commercial fishing State may enter into a contract with one or more eligible non- profit organizations or companies for the purpose of conducting activities under an implementation or administration grant under this subsection and may not enter into such a contract with an organization or company which is not eligible under subparagraph (C). ``(B) Subcontracting arrangements.--A contractor described in subparagraph (A) may subcontract with one or more eligible non-profit organizations or companies for the purpose of conducting activities under such an implementation or administration grant, if the State approves such subcontracting arrangements. ``(C) Eligibility standards.--The Secretary shall issue regulations establishing eligibility standards for organizations and companies under this paragraph. Such standards shall include requirements that States review whether prospective contractors or subcontractors under this paragraph-- ``(i) have a history of fraudulent or abusive practices that would disqualify them from participating in a contract or subcontract; ``(ii) have the capability and experience to assist in the management of a qualified health care coverage program; and ``(iii) in the case of commercial fishing organizations, have an appropriate level of familiarity with, and knowledge of, the commercial fishing industry. ``(d) Definitions.--For purposes of this section: ``(1) Commercial fishing state.--The term `commercial fishing State' means a State (as defined in section 2(f)) with a significant commercial fishing population or a significant commercial fishing industry. The Secretary shall accept a State's self-certification that it is a commercial fishing State if the State demonstrates to the Secretary that-- ``(A) such self-certification is based on consultation by the State with local organizations familiar with the commercial fishing industry in the State; and ``(B) the State has a significant commercial fishing population or a significant commercial fishing industry. ``(2) Commercial fishing industry member.--The term `commercial fishing industry member' means a fisherman, crewmember, boat owner, captain, shore side business owner, employee of a company that provides shore side support, harvester, or other individual performing commercial fishing industry-related work, if more than half of such individual's income derives from such work at the time the individual enrolls in a qualified health care coverage program. ``(3) Qualified health care coverage program.--The term `qualified health care coverage program' means a program that provides qualified health care coverage to commercial fishing industry members and their families consistent with the following: ``(A) Eligibility for enrollment of such members and families is only restricted by capacity, based on a first come, first served basis when space is limited, and health status related factors (as defined in section 2702), age, and gender may not be used as a basis for determining eligibility. ``(B) The program does not include any preexisting condition exclusion (as defined in section 2701) or any coverage elimination rider that permanently excludes from coverage an existing medical condition. ``(C) Premium rates under the program are computed based on a community rate, and may be adjusted only for income and family size. ``(4) Qualified health care coverage.--The term `qualified health care coverage' means coverage that meets any of the following conditions: ``(A) FEHBP coverage.--The coverage is actuarially equivalent to the coverage provided under the health benefits plan, under chapter 89 of title 5, United States Code, which has the largest enrollment, either in the United States or in the State involved. ``(B) State employees coverage.--The coverage is actuarially equivalent to the coverage provided under the health benefits plan, that is offered by the State to State government employees, which has the largest enrollment of such plans in the State. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for the purpose of carrying out this section-- ``(1) $5,000,000 for fiscal year 2009; ``(2) $5,000,000 for fiscal year 2010; ``(3) $10,000,000 for fiscal year 2011; ``(4) $10,000,000 for fiscal year 2012; and ``(5) $20,000,000 for fiscal year 2013.''.

Commercial Fishing Industry Health Care Coverage Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, through the Health Resources and Services Administration, to establish a grant program to assist commercial fishing states in establishing or strengthening programs to expand health care coverage and access for uninsured or underinsured workers in the commercial fishing industry and their families. Requires the Secretary to provide: (1) program planning grants for commercial fishing states and organizations within such states, including for initial research and planning to develop a qualified health care coverage program; and (2) implementation and administration grants for such states.

To amend the Public Health Service Act to establish a Federal grant program to provide increased health care coverage to and access for uninsured and underinsured workers and families in the commercial fishing industry, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Graduate Psychology Education Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) the Institute of Medicine issued a 2006 report entitled ``Improving the Quality of Health Care for Mental and Substance Abuse Conditions'', which called for efforts to increase the mental and behavioral health care workforce in the United States, and to assure competency of that workforce; (2) the ``Action Plan for Behavioral Health Workforce Development'', commissioned in 2007 by the Substance Abuse and Mental Health Services Administration, reported an insufficient supply of trained professionals available to provide mental and behavioral health services to older adults, and predicted that such shortage would become more dire as the aging population grows and the demand for specialized mental and behavioral health services increases; (3) the Bureau of Labor Statistics projects a need for approximately 70,000 more doctoral level health service psychologists, including clinical psychologists, counselors, and school psychologists, in the United States by 2016; (4) the Department of Defense Task Force on Mental Health reported in 2007 that-- (A) the Nation faces a great need for adequately trained mental health professionals, both civilian and in the Armed Forces; (B) nearly 40 percent of soldiers and half of National Guard members report psychological ``symptoms'' and these problems are ``daunting and growing''; and (C) increasingly, National Guard members, reservists, and even active duty members of the Armed Forces who are stationed far from health care installations of the Armed Forces, as well as the families of such individuals, are more likely to seek care in civilian settings, thus increasing the demand for mental health services in those communities; (5) according to a report of the Health Resources and Services Administration in September 2008, there are 3,059 mental health professional shortage areas in rural and urban areas of the United States, in which 77,000,000 people live, and, based on the Administration's population to practitioner ratio of 10,000:1, an additional 5,145 mental health providers are required to meet the immediate needs of the mental health professional shortage areas; (6) the Annapolis Coalition Report, commissioned in 2007 by the Substance Abuse and Mental Health Services Administration-- (A) found substantial needs to increase the mental and behavioral health workforce of the future and to broaden the racial and cultural diversity of that workforce; and (B) identified a pending retirement of more than half of the clinically trained mental and behavioral health professionals in the United States, along with a serious shortage of providers in rural areas, and urged a national focus on-- (i) addressing the needs of underserved persons dealing with chronic illnesses; (ii) treating young people with mental disorders; and (iii) working with young people to help prevent risk-taking behaviors, including smoking, substance abuse, violence, unsafe sex, and actions that might cause vehicular accidents; (7) according to multiple reports of the Surgeon General on the mental health of children and older adults-- (A) there is an urgent need for a well-trained mental and behavioral health workforce to treat the increase in depression and suicide; (B) 2 out of every 100 children and adolescents have major depression, and 20 percent of older adults suffer from depression; (C) depression is a condition commonly associated with suicide and older adults are disproportionately likely to die by suicide; and (D) in general, suicide rates for adults and children are higher in rural communities than in urban communities; (8) in 2007, the President's Commission on Care For America's Returning Wounded Warriors (the ``Dole-Shalala Commission'')-- (A) recommended that the Department of Defense aggressively address the acute shortage of mental health clinicians in the Armed Forces; (B) recognized that the health care system in the United States is certain to experience increased strain for years to come as active duty servicemembers re- enter civilian society in local communities and turn to mental health care professionals skilled in treating such combat stress disorders and their effects on families, which is especially significant due to the expected long-term demand that may arise from chronic or delayed-onset symptoms of post-traumatic stress disorder; (C) reported that the Armed Forces's new efforts to prevent mental health problems and identify symptoms more quickly have severely stretched the already thin mental health program staff; and (D) reported that hospitals located in geographically isolated or less desirable areas report great difficulty recruiting civilian staff; and (9) the determinants of human health include a complex array of biological, environmental, and social factors, an individual's behavior and coping resources, and an individual's access to health care; although biologic interventions, including medications and immunizations, often are considered the hallmark of medical practice, the role of behavior and psychosocial components has received increasing attention, and, because approximately half of mortality in the United States is linked to behavior, behavioral science and practice are fundamental to addressing societal needs. SEC. 3. PROMOTING EDUCATION AND TRAINING OF PSYCHOLOGISTS TO PROVIDE MENTAL AND BEHAVIORAL HEALTH SERVICES TO UNDERSERVED POPULATIONS. Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following: ``Subpart 3--Mental and Behavioral Health Care Workforce ``SEC. 775. PROGRAM FOR GRADUATE EDUCATION AND TRAINING IN PSYCHOLOGY. ``(a) In General.--The Secretary may award grants, cooperative agreements, and contracts to accredited doctoral, internship, and residency programs in psychology for the development and implementation of programs to provide interdisciplinary training in integrated health care settings to students in doctoral psychology programs, including interns and residents in such programs. Any training funded by such grants, cooperative agreements, or contracts shall focus on the needs of underserved populations. ``(b) Eligibility.--To be eligible to receive an award under this section an entity shall-- ``(1) provide training at or through an accredited doctoral program in psychology, including an internship or residency program; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Evaluation of Programs.--The Secretary shall evaluate any program implemented through an award under this section in order to determine the effect of such program on increasing the number of psychologists who provide mental and behavioral health services to underserved populations. ``(d) Definitions.--For purposes of this section-- ``(1) the term `underserved population' means individuals, especially older adults, children, chronically ill individuals, victims of abuse or trauma, and victims of combat- or war- related stress disorders, including post-traumatic stress disorder and traumatic brain injury, and their families, living in an urban or rural area that has a shortage of mental or behavioral health services; and ``(2) the term `interdisciplinary training' means training for graduate psychology students with 1 or more of the other health professions, including medicine, nursing, dentistry, and pharmacy. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000 for fiscal year 2010, $12,000,000 for fiscal year 2011, $14,000,000 for fiscal year 2012, $16,000,000 for fiscal year 2013, and $18,000,000 for fiscal year 2014.''.

Graduate Psychology Education Act of 2009 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants, cooperative agreements, and contracts to accredited doctoral, internship, and residency programs in psychology for the development and implementation of programs to provide interdisciplinary training in integrated health care settings to students in doctoral psychology programs. Requires such training to focus on the needs of underserved populations.

To amend the Public Health Service Act to promote mental and behavioral health services for underserved populations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Agriculture Strategic Partnership Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Agreement to establish the United States-Israel Binational Agricultural Research and Development (BARD) Fund, signed on October 25, 1977, between the United States Government and the Government of Israel ``to promote and support agricultural research and development activities which are of mutual benefits to the United States and Israel''. (2) Since its founding, the BARD Fund has cultivated strategic partnerships between United States and Israeli scientists and has been a benchmark for the establishment of cooperative agreements. (3) BARD Fund-sponsored research projects have contributed billions of dollars to both United States and Israeli economies, as determined by independent economic surveys. As the major platform for United States-Israel agricultural research collaboration, the BARD Fund has funded more than 1,300 bi-national projects, awarded over $300 million for research and development, and supported other programs such as more than 250 postdoctoral fellows and 50 scientific workshops. (4) BARD Fund-sponsored research projects have led to innovative developments, new technologies, and renewed focus in drip irrigation, pesticides, fish farming, livestock, poultry, disease control, and farm equipment. (5) The BARD Fund has been successful in research collaboration between United States and Israel without fraud, waste, or abuse for 40 years. (6) The Memorandum of Understanding Between the U.S. National Institute of Food and Agriculture and the U.S. Israel Binational Agricultural Research and Development Fund To Promote Scientific Collaboration among U.S. and Israeli Scientists and Engineers, signed on November 22, 2013, promotes collaboration between the United States and Israel. The 2013 Memorandum of Understanding was intended to provide a framework whereby Israeli scientists and engineers could receive funding from the BARD Fund and United States scientists and engineers could receive funding from the National Institute for Food and Agriculture. (7) It would be in the interest of the United States to expand the 2013 Memorandum of Understanding to include cooperation with private entities and to statutorily authorize the BARD Fund to enhance prospects for its long-term funding. (8) In 2014, Congress enacted legislation declaring that Israel is a major strategic partner of the United States and authorized the President to promote cooperation with Israel in multiple fields, including agriculture. (9) Joint cooperation can help solve specific challenges, including food safety, food security, food quality, and post- harvest issues, as well as maximize production with limited resources, environmental changes, water scarcity, and water management. SEC. 3. AUTHORIZATION OF UNITED STATES-ISRAEL EXPANDED-BINATIONAL AGRICULTURAL RESEARCH AND DEVELOPMENT FUND. (a) In General.--The Secretary of Agriculture, in coordination with the Secretary of State and the Administrator of the United States Agency for International Development, is authorized to establish a program for cooperative research and development in agriculture with the Government of Israel. (b) Existing Authority.--The Secretary of Agriculture shall establish and carry out the program authorized under subsection (a) in a manner consistent with the Secretary's authority under section 1458 of the Food and Agriculture Act of 1977 (7 U.S.C. 3291). (c) Purpose.--The purpose of the program authorized under subsection (a) shall be to establish a framework to enhance the collaboration between the United States and Israel in research and development activities relating to agriculture, including between public and private entities. (d) Activities Supported.--Activities that may be supported under the program authorized under subsection (a) include-- (1) activities authorized under the Agreement to establish the United States-Israel Binational Agricultural Research and Development (BARD) Fund; and (2) activities authorized under section 1458 of the Food and Agriculture Act of 1977. (e) Nongovernmental and Private Entities.--Projects and activities under the program authorized under subsection (a) may be carried out by nongovernmental and private entities, including through collaboration with private universities, research institutions, and corporations if such projects and activities support the objectives of the Agreement to establish the United States-Israel Binational Agricultural Research and Development (BARD) Fund. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary to carry out this section. (2) Fund; availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1)-- (A) shall be known as the ``United States-Israel Expanded-Binational Agricultural Research and Development Fund'' or ``E-BARD Fund''; and (B) are authorized to remain available until expended. (3) Transfer authority.--The Secretary of Agriculture may transfer amounts appropriated pursuant to the authorization of appropriations under paragraph (1) to the heads of other relevant Federal departments and agencies, including the Department of State and the United States Agency for International Development, for purposes of carrying out the program authorized under subsection (a). (g) Binational Task Force.-- (1) In general.--The Secretary of State, in coordination with the Secretary of Agriculture, is authorized to seek to establish a binational task force to provide guidance and oversight with respect to the program authorized under subsection (a), including to address matters described in paragraph (2). (2) Matters described.--The matters described in this paragraph are the following: (A) Identifying funding priorities and innovative developments in agriculture in evaluating projects under the program. (B) Proposing research competitions among universities and private entities in selecting projects under the program. (3) Sense of congress.--It is the sense of Congress that the task force established under paragraph (1) should be comprised of the following: (A) The Secretary of Agriculture. (B) The Israeli Minister for Agriculture and Rural Development. (C) Members of the board of directors of the BARD Fund. (D) The administrators of the Agriculture Research Service, Economic Research Service, and the National Institute of Food and Agriculture. (E) The chief scientist of the Israeli Ministry of Agriculture and the director of the Agricultural Research Organization--Volcani Center.

United States-Israel Agriculture Strategic Partnership Act This bill authorizes the Department of Agriculture to establish a program for cooperative research and development in agriculture with the government of Israel. The purpose of the program is to establish a framework to enhance the collaboration between the United States and Israel in research and development activities relating to agriculture, including between public and private entities. The bill also authorizes the Department of State to establish a binational task force to provide guidance and oversight with respect to the cooperative research and development program.

United States-Israel Agriculture Strategic Partnership Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Visa Integrity Act''. SEC. 2. DEFINITIONS. In this Act: (1) SEVIS.--The term ``SEVIS'' means the Student and Exchange Visitor Information System of the Department of Homeland Security. (2) SEVP.--The term ``SEVP'' means the Student and Exchange Visitor Program of the Department of Homeland Security. SEC. 3. INCREASED CRIMINAL PENALTIES. Section 1546(a) of title 18, United States Code, is amended by striking ``10 years'' and inserting ``15 years (if the offense was committed by an owner, official, employee, or agent of an educational institution with respect to such institution's participation in the Student and Exchange Visitor Program), 10 years''. SEC. 4. ACCREDITATION REQUIREMENT. Section 101(a)(52) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(52)) is amended to read as follows: ``(52) Except as provided in section 214(m)(4), the term `accredited college, university, or language training program' means a college, university, or language training program that is accredited by an accrediting agency recognized by the Secretary of Education.''. SEC. 5. OTHER ACADEMIC INSTITUTIONS. Section 214(m) of the Immigration and Nationality Act (8 U.S.C. 1184(m)) is amended by adding at the end the following: ``(3) The Secretary of Homeland Security shall require accreditation of an academic institution (except for seminaries or other religious institutions) for purposes of section 101(a)(15)(F) if-- ``(A) that institution is not already required to be accredited under section 101(a)(15)(F)(i); and ``(B) an appropriate accrediting agency recognized by the Secretary of Education is able to provide such accreditation. ``(4) The Secretary of Homeland Security, in the Secretary's discretion, may waive the accreditation requirement in section 101(a)(15)(F)(i) with respect to an accredited college, university, or language training program if the academic institution-- ``(A) is otherwise in compliance with the requirements of such section; and ``(B)(i) was, on the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a candidate for accreditation; or ``(ii) has been a candidate for accreditation after such date for at least 1 year and continues to progress toward accreditation by an accreditation agency recognized by the Secretary of Education.''. SEC. 6. PENALTIES FOR FAILURE TO COMPLY WITH SEVIS REPORTING REQUIREMENTS. Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is amended-- (1) in subsection (c)(1)-- (A) by striking ``institution,,'' each place such term appears and inserting ``institution,''; and (B) in subparagraph (D), by striking ``and'' at the end; and (2) in subsection (d)(2), by striking ``fails to provide the specified information'' and all that follows and inserting ``does not comply with the reporting requirements set forth in this section, the Secretary of Homeland Security may-- ``(A) impose a monetary fine on such institution in an amount to be determined by the Secretary; and ``(B) suspend the authority of such institution to issue a Form I-20 to any alien.''. SEC. 7. VISA FRAUD. (a) Immediate Withdrawal of SEVP Certification.--Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended by section 6(2), is further amended-- (1) in paragraph (1)(A), by striking ``institution,,'' and inserting ``institution,''; and (2) by adding at the end the following: ``(3) Effect of reasonable suspicion of fraud.--If the Secretary of Homeland Security has reasonable suspicion that an owner of, or a designated school official at, an approved institution of higher education, an other approved educational institution, or a designated exchange visitor program has committed fraud or attempted to commit fraud relating to any aspect of the Student and Exchange Visitor Program, or if such owner or designated school official is indicted for such fraud, the Secretary may immediately-- ``(A) suspend such certification without prior notification; and ``(B) suspend such official's or such school's access to the Student and Exchange Visitor Information System (referred to in this subsection as `SEVIS').''. (b) Effect of Conviction for Visa Fraud.--Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by this Act, is further amended by adding at the end the following: ``(4) Permanent disqualification for fraud.--A designated school official at, or an owner of, an approved institution of higher education, an other approved educational institution, or a designated exchange visitor program who is convicted for fraud relating to any aspect of the Student and Exchange Visitor Program (referred to in this subsection as `SEVP') shall be permanently disqualified from filing future petitions and from having an ownership interest or a management role (including serving as a principal, owner, officer, board member, general partner, designated school official, or any other position of substantive authority for the operations or management of the institution) in any United States educational institution that enrolls nonimmigrant alien students described in subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).''. SEC. 8. BACKGROUND CHECKS. (a) In General.--Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended by this Act, is further amended by adding at the end the following: ``(5) Background check requirement.-- ``(A) In general.--An individual may not serve as a designated school official or be granted access to SEVIS unless the individual is a national of the United States or an alien lawfully admitted for permanent residence and during the most recent 3-year period-- ``(i) the Secretary of Homeland Security has-- ``(I) conducted a thorough background check on the individual, including-- ``(aa) a review of the individual's criminal and sex offender history; and ``(bb) the verification of the individual's immigration status; and ``(II) determined that the individual-- ``(aa) has passed the background check required under subclause (I); ``(bb) has not been convicted of any violation of United States immigration law; and ``(cc) is not a risk to the national security of the United States; and ``(ii) the individual has successfully completed an on-line training course on SEVP and SEVIS, which has been developed by the Secretary. ``(B) Interim designated school official.-- ``(i) In general.--An individual may serve as an interim designated school official during the period that the Secretary is conducting the background check required by subparagraph (A)(i)(I). ``(ii) Reviews by the secretary.--If an individual serving as an interim designated school official under clause (i) does not successfully complete the background check required by subparagraph (A)(i)(I), the Secretary shall review each Form I-20 issued by such interim designated school official. ``(6) Fee.--The Secretary is authorized to collect a fee from an approved school for each background check conducted under paragraph (5)(A)(i). The amount of such fee shall be equal to the average amount expended by the Secretary to conduct such background checks.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of the enactment of this Act. SEC. 9. REVOCATION OF AUTHORITY TO ISSUE FORM I-20 OF FLIGHT SCHOOLS NOT CERTIFIED BY THE FEDERAL AVIATION ADMINISTRATION. Immediately upon the enactment of this Act, the Secretary shall prohibit any flight school in the United States from accessing SEVIS or issuing a Form I-20 to an alien seeking a student visa pursuant to subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) if the flight school has not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration pursuant to part 141 or part 142 of title 14, Code of Federal Regulations (or similar successor regulations). SEC. 10. REVOCATION OF ACCREDITATION. At the time an accrediting agency or association is required to notify the Secretary of Education and the appropriate State licensing or authorizing agency of the final denial, withdrawal, suspension, or termination of accreditation of an institution pursuant to section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b)-- (1) such accrediting agency or association shall notify the Secretary of Homeland Security of such determination; and (2) the Secretary of Homeland Security shall immediately withdraw the school from the SEVP and prohibit the school from accessing SEVIS. SEC. 11. REPORT ON RISK ASSESSMENT. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that contains the risk assessment strategy that will be employed by the Secretary to identify, investigate, and take appropriate action against schools and school officials that are facilitating the issuance of Form I-20 and the maintenance of student visa status in violation of the immigration laws of the United States. SEC. 12. IMPLEMENTATION OF GAO RECOMMENDATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that describes-- (1) the process in place to identify and assess risks in the SEVP; (2) a risk assessment process to allocate SEVP's resources based on risk; (3) the procedures in place for consistently ensuring a school's eligibility, including consistently verifying in lieu of letters; (4) how SEVP identified and addressed missing school case files; (5) a plan to develop and implement a process to monitor State licensing and accreditation status of all SEVP-certified schools; (6) whether all flight schools that have not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration have been removed from the program and have been restricted from accessing SEVIS; (7) the standard operating procedures that govern coordination among SEVP, the Counterterrorism and Criminal Exploitation Unit, and U.S. Immigration and Customs Enforcement field offices; and (8) the established criteria for referring cases of a potentially criminal nature from SEVP to the counterterrorism and intelligence community. SEC. 13. IMPLEMENTATION OF SEVIS II. Not later than 2 years after the date of the enactment of this Act, the Secretary of Homeland Security shall complete the deployment of both phases of the second generation Student and Exchange Visitor Information System (commonly known as ``SEVIS II'').

Student Visa Integrity Act - Amends the federal criminal code to subject to fine and a 15-year prison term an owner, official, employee, or agent of an educational institution who commits fraud or misuse of visas, permits, and other immigration documents in connection with the institution's participation in the Student and Exchange Visitor Program (SEVP). Directs the Secretary of Homeland Security (DHS) (Secretary) to require academic institutions (other than seminaries or other religious institutions) to be accredited for F-visa purposes if: (1) the institution is not already required to be accredited, and (2) an accrediting agency recognized by the Secretary of Education is able to provide such accreditation. Authorizes the Secretary to waive the accreditation requirement for an established college, university, or language training program that is otherwise in compliance with F-visa requirements and has been a candidate for accreditation for at least one year and continues to progress toward such accreditation. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to authorize the Secretary to impose a monetary fine and suspend authority to issue a Form I-20 with regard to an institution failing to comply with Student and Exchange Visitor Information System (SEVIS) reporting requirements. Authorizes the Secretary, upon reasonable suspicion that an owner of, or a designated school official at, an approved institution of higher education, another educational institution, or a designated exchange visitor program has committed SEVP-related fraud, to: (1) suspend such certification without prior notification, and (2) suspend such official's or such school's SEVIS access. Disqualifies permanently an owner or school official who is convicted of SEVP-related fraud from filing future petitions and from having an ownership interest or a management role in any U.S. educational institution that enrolls nonimmigrant alien students or nonimmigrant alien vocational students. Prohibits an individual from serving as a designated school official or from being granted access to SEVIS unless the individual: (1) is a U.S. national or a lawful permanent resident alien who, during the most recent three-year period, has undergone a specified background check; and (2) has completed a SEVP and SEVIS training course. Authorizes the Secretary to collect a fee for each such security check. Prohibits any flight school in the United States from accessing SEVIS or issuing a Form I-20 to an alien seeking a student or vocational student visa if the flight school has not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration (FAA). Requires: (1) an accrediting agency or association, at the time it is required to notify the Secretary of Education and the appropriate state licensing agency of the final denial, withdrawal, suspension, or termination of an institution's accreditation, to notify the Secretary of such determination; and (2) the Secretary to withdraw the school from the SEVP and prohibit the school from accessing SEVIS. Directs the Secretary to implement both phases of the second generation SEVIS (SEVIS II) within two years.

Student Visa Integrity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Account Number Protection Act''. SEC. 2. SOCIAL SECURITY NUMBER PROTECTION. (a) Prohibition of Unnecessary Solicitation of Social Security Numbers.-- (1) In General.--Unless there is a specific use of a social security account number for which no other identifier reasonably can be used, a covered entity may not solicit a social security account number from an individual except for the following purposes: (A) For use in an identification, verification, accuracy, or identity proofing process. (B) For any purpose permitted under the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or the Gramm- Leach-Bliley Act (15 U.S.C. 6802(e)). (C) To comply with the requirement of Federal, State, or local law. (2) Exceptions.--Paragraph (1) does not apply to the solicitation of a social security account number-- (A) for the purpose of obtaining a consumer report for any purpose permitted under the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), (B) by a consumer reporting agency for the purpose of authenticating or obtaining appropriate proof of a consumer's identity, as required under that Act; (C) for any purpose permitted under section 502(e) of the Gramm-Leach-Bliley Act (15 U.S.C. 6802(e)); or (D) to the extent necessary for verifying the accuracy of information submitted by an individual to a covered entity, its agents, contractors, or employees or for the purpose of authenticating or obtaining appropriate proof of an individual's identity; (E) to identity or locate missing or abducted children, witnesses, criminals, fugitives, parties to lawsuits, parents delinquent in child support payments, organ and bone marrow donors, pension fund beneficiaries, and missing heirs; (F) to the extent necessary to prevent, detect, or investigate fraud, unauthorized transactions, or other financial liability or to facilitate the enforcement of an obligation of, or collection of a debt from, a consumer, provided that the person selling, providing, displaying, or obtaining the social security account number does not do so for marketing purposes. (b) Prohibition of the Display of Social Security Numbers on Employee Identification Cards, etc.-- (1) D23/In general.--A covered entity may not display an individual's security account number (or any derivative of such number) on any card or tag that is commonly provided to employees (or to their family members), faculty, staff, or students for purposes of identification. (2) Driver's licenses.--A State may not display the social security account number of an individual on driver's licenses issued by that State. (c) Prohibition of Prisoner Access to Social Security Numbers.-- (1) In general.--Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended by adding at the end the following: ``(x) No executive, legislative, or judicial agency or instrumentality of the Federal Government or of a State or political subdivision thereof (or person acting as an agent of such an agency or instrumentality) may employ, or enter into a contract for the use or employment of, prisoners in any capacity that would allow such prisoners access to the social security account numbers of other individuals. For purposes of this clause, the term `prisoner' means an individual who is confined in a jail, prison, or other penal institution or correctional facility, serving community service as a term of probation or parole, or serving a sentence through a work-furlough program.''. (2) Treatment of current arrangements.--In the case of-- (A) prisoners employed as described in clause (x) of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by paragraph (1), on the date of enactment of this Act; and (B) contracts described in such clause in effect on such date, the amendment made by paragraph (1) shall take effect 90 days after the date of enactment of this Act. (d) Prohibition of Sale and Display of Social Security Numbers to the General Public.-- (1) In general.--Except as provided in paragraph (2), it shall be unlawful for any person-- (A) to sell, purchase, or provide a social security account number, to the general public or display to the general public social security account numbers; or (B) to obtain or use any individual's social security account number for the purpose of locating or identifying such individual with the intent to physically injure or harm such individual or using the identity of such individual for any illegal purpose. (2) Exceptions.--Notwithstanding paragraph (1), and subject to paragraph (4), a social security account number may be sold, provided, displayed, or obtained by any person-- (A) to the extent necessary for law enforcement or national security purposes; (B) to the extent necessary for public health purposes; (C) to the extent necessary in emergency situations to protect the health or safety of 1 or more individuals; (D) to the extent that the sale or display is required, authorized, or permitted under any law of the United States or of any State (or political subdivision thereof); (E) for any purposes allowed under the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or the Gramm- Leach-Bliley Act (15 U.S.C. 6802(e)); (F) to the extent necessary for verifying the accuracy of information submitted by an individual to a covered entity, its agents, contractors, or employees or for the purpose of authenticating or obtaining appropriate proof of the individual's identity; (G) to the extent necessary to identify or locate missing or abducted children, witnesses to an ongoing or potential civil or criminal lawsuit, criminals, criminal suspects, parties to lawsuits, parents delinquent in child support payments, organ and bone marrow donors, pension fund beneficiaries, missing heirs, and for similar legal, medical, or family related purposes, if the person selling, providing, displaying, or obtaining the social security account number does not do so for marketing purposes; (H) to the extent necessary to prevent, detect, or investigate fraud, unauthorized transactions, or other financial liability or to facilitate the enforcement of an obligation of, or collection of a debt from, a consumer, if the person selling, providing, displaying, or obtaining the social security account number does not do so for marketing purposes; (I) to the extent the transmission of the number is incidental to, and in the course of, the sale, lease, franchising, or merger of all, or a portion of, a business; or (J) to the extent necessary for research (other than market research) conducted by an agency or instrumentality of the United States or of a State or political subdivision thereof (or an agent of such an agency or instrumentality) for the purpose of advancing the public good, on the condition that the researcher provides adequate assurances that-- (i) the social security account numbers will not be used to harass, target, or publicly reveal information concerning any identifiable individuals; (ii) information about identifiable individuals obtained from the research will not be used to make decisions that directly affect the rights, benefits, or privileges of specific individuals; and (iii) the researcher has in place appropriate safeguards to protect the privacy and confidentiality of any information about identifiable individuals, including procedures to ensure that the social security account numbers will be encrypted or otherwise appropriately secured from unauthorized disclosure; or (K) to the extent that the transmission of the social security account number is incidental to the sale or provision of a document lawfully obtained from-- (i) the Federal Government or a State or local government, that the document has been made available to the general public; or (ii) the document has been made available to the general public via widely distributed media. (3) Limitation.--Paragraph (2)(K) does not apply to information obtained from publicly available sources or from Federal, State, or local government records if that information is combined with information obtained from non-public sources. (4) Consensual sale.--Notwithstanding paragraph (1), a social security account number assigned to an individual may be sold, provided, or displayed to the general public by any person to the extent consistent with such individual's voluntary and affirmative written consent to the sale, provision, or display of the social security account number only if-- (A) the terms of the consent and the right to refuse consent are presented to the individual in a clear, conspicuous, and understandable manner; (B) the individual is placed under no obligation to provide consent to any such sale or display; and (C) the terms of the consent authorize the individual to limit the sale, provision, or display to purposes directly associated with the transaction with respect to which the consent is sought. SEC. 3. ENFORCEMENT. (a) Enforcement by Commission.--Except as provided in subsection (c), this Act shall be enforced by the Commission. (b) Violation is Unfair or Deceptive Act or Practice.--The violation of any provision of this Act shall be treated as an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (c) Enforcement by Certain Other Agencies.--Compliance with this Act shall be enforced exclusively under-- (1) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of-- (A) national banks, and Federal branches and Federal agencies of foreign banks by the Office of the Comptroller of the Currency; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act (12 U.S.C. 601 and 611) by the Board of Governors of the Federal Reserve System; (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), insured State branches of foreign banks by the Board of Directors of the Federal Deposit Insurance Corporation; and (D) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation by the Director of the Office of Thrift Supervision; (2) the Federal Credit Union Act (12 U.S.C. 1751 et seq.) by the Board of the National Credit Union Administration Board with respect to any Federal credit union; (3) the Securities and Exchange Act of 1934 (15 U.S.C. 78a et seq.) by the Securities and Exchange Commission with respect to-- (A) a broker or dealer subject to that Act; (B) an investment company subject to the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.); and (C) an investment advisor subject to the Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.); and (4) State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled. (d) Exercise of Certain Powers.--For the purpose of the exercise by any agency referred to in subsection (c) of its powers under any Act referred to in that subsection, a violation of this Act is deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (c), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this Act, any other authority conferred on it by law. (e) Other Authority Not Affected.--Nothing in this Act shall be construed to limit or affect in any way the Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (f) Compliance With Gramm-Leach-Bliley Act.-- (1) Notice.--Any covered entity that is subject to the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et. seq.), and gives notice in compliance with the notification requirements established for such covered entities under title V of that Act is deemed to be in compliance with section 3 of this Act. (2) Safeguards.--Any covered entity that is subject to the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et. seq.), and fulfills the information protection requirements established for such entities under title V of the Act and under section 607(a) of the Fair Credit Reporting Act (15 U.S.C. 1681e(a)) to protect sensitive personal information shall be deemed to be in compliance with section 2 of this Act. SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.--Except as provided in section 3(c), a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate state or district court of the United States to enforce the provisions of this Act, to obtain damages, restitution, or other compensation on behalf of such residents, or to obtain such further and other relief as the court may deem appropriate, whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a covered entity that violates this Act or a regulation under this Act. (b) Notice.--The State shall serve written notice to the Commission (or other appropriate Federal regulator under section 3) of any civil action under subsection (a) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority To Intervene.--Upon receiving the notice required by subsection (b), the Commission (or other appropriate Federal regulator under section 8) may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.--I

Social Security Account Number Protection Act - Prohibits any financial or related institution covered by this Act (covered entity), unless for a specific use for which no other identifier reasonably can be employed, from soliciting a Social Security number from an individual except: (1) for use in an identification, verification, accuracy, or identity proofing process; (2) for any purpose permitted under the Fair Credit Reporting Act or the Gramm-Leach-Bliley Act; or (3) to comply with the requirements of federal, state, or local law. Specifies further exceptions to this prohibition. Prohibits a covered entity from displaying an individual's Social Security account number (or any derivative) on any card or tag commonly provided to employees (or to their family members), faculty, staff, or students for purposes of identification. Prohibits a state from displaying an individual's Social Security account number on his or her driver's license. Prohibits prisoner access to Social Security numbers. Prohibits the sale, provision, or display of Social Security numbers to the general public, or its acquisition or use to identify or locate a person with intent to injure or harm that person, or to use the person's identity for an illegal purpose. Specifies exceptions to this prohibition. Allows the sale, provision, or display of an individual's Social Security account number to the general public to the extent consistent with the individual's voluntary and affirmative written consent, but only if: (1) the terms of the consent and the right to refuse are presented to the individual in a clear, conspicuous, and understandable manner; (2) the individual is placed under no obligation to provide such consent; and (3) the terms and conditions of the consent authorize the individual to limit the sale, provision, or display to purposes directly associated with the transaction with respect to which the consent is sought. Authorizes the Federal Trade Commission, state attorneys general, and certain other federal regulatory agencies to enforce this Act..

A bill to provide additional security and privacy protection for social security account numbers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Hospitals, Healthy Hospitals Act of 2008''. SEC. 2. LOANS FOR HEALTH CARE. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting in conjunction with the Administrator of the Health Resources and Services Administration, shall make available to eligible non-profit hospitals and non-profit health care institutions 30-year no interest loans to be used to assist such entities to carry out new construction or to make renovations that will-- (1) enable such entities to achieve compliance with the guidelines of the ``Green Guide for Health Care''; or (2) enable such entities to achieve compliance with any successor regulations determined appropriate by the Secretary. (b) Eligibility.--To be eligible to receive a loan under subsection (a), a non-profit hospital or non-profit health care institution shall submit to the Secretary an application at such time, in such manner, and containing such information and agreements as the Secretary may require. (c) General Provisions Relating to Loans.-- (1) Terms and conditions.--The Secretary may not approve an application for a loan under this section unless the Secretary determines that the terms, conditions, security, and schedule and amount of repayments with respect to the loan are sufficient to protect the financial interests of the United States and are otherwise reasonable. (2) Payments.--The Secretary may not approve an application for a loan under this section unless-- (A) the Secretary is reasonably satisfied that the applicant therefore will be able to make payments of principal thereon when due; and (B) the applicant provides the Secretary with reasonable assurances that there will be available to such applicant such additional funds as may be necessary to complete the project or undertaking with respect to which such loan is requested. (3) Requirements.--A loan made under this section shall-- (A) have such security; (B) have such maturity date; (C) be repayable in such installments; and (D) be subject to such other terms and conditions (including provisions for recovery in case of default), as the Secretary determines to be necessary to carry out the purposes of this section while adequately protecting the financial interests of the United States. (4) Waiver or right of recovery.--The Secretary may, for good cause but with due regard to the financial interests of the United States, waive any right of recovery which the Secretary has by reason of the failure of a applicant to make payments of principal on a loan made under this section. (d) Regulations.--Not later than 150 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury, shall promulgate final regulations and rules (with a comment period that does not exceed 60 days), that shall be in addition to, and consistent with this Act that shall be used to determine eligibility for participation in the program under this section, the scope of such program, the purposes for which loan funds may be used, the application requirements, the security requirements, and the requirements for the administration and oversight of the program which shall include a system in which such loans are repaid to the United States. Such regulations shall provide that in determining the entities that are eligible for participation in such loan program and in approving the applications of such entities, the Secretary shall give priority consideration to non-profit hospitals or non-profit health institutions that have a low income utilization rate (as defined in section 1923(b)(3) of the Social Security Act (42 U.S.C. 1396r- 4(b)(3))) that is greater than 25 percent. (e) Evaluations.--Not later than 1 year after making a loan under this section, and annually thereafter, the Secretary shall conduct an evaluation of new or updated green health care guidelines developed by entities such as the United States Green Building Council, and determine whether such guidelines should be included in the requirements for the loan program established under this section. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $100,000,000 for each of fiscal years 2009 through 2013. Of the amount appropriate for any fiscal year under the preceding sentence, such sums as are determined necessary by the Secretary shall be allocated to the Health Resource and Services Administration for the Administration of the program under this section. (g) Carryover.--Amounts appropriated for a fiscal year under subsection (f) that are not disbursed in such fiscal year may be carried forward to the next fiscal year to be used under this section and applied to that fiscal year's allocation. SEC. 3. RESEARCH FOR HEALTH CARE. (a) Institute of Medicine.--The Secretary shall enter into a contract with the Institute of Medicine for the submission of a report on the ways in which the use of green building technologies, waste management techniques, and other environmentally sustainable practices improve employee performance, reduce health care costs, and improve patient outcomes. (b) Agency for Healthcare Research and Quality.--Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Agency for Healthcare Research and Quality shall include in the health care quality report under section 913(b)(2) of the Public Health Service Act (42 U.S.C. 299b-2(b)(2)), a section that summarizes the most recent research on green health care and the ways in which environmentally sustainable practices can improve employee performance, reduce healthcare costs, and improve patient outcomes.

Green Hospitals, Healthy Hospitals Act of 2008 - Directs the Secretary of Health and Human Services, acting in conjunction with the Administrator of the Health Resources and Services Administration, to provide nonprofit hospitals and health care institutions with 30-year no interest loans to enable such institutions to comply with the guidelines of the Green Guide for Health Care or successor regulations of the Department of Health and Human Services (HHS) on green building technologies. Directs the Secretary to enter into a contract with the Institute of Medicine for a report on the use of green building technologies, waste management techniques, and other environmentally sustainable practices to improve employee performance, reduce health care costs, and improve patient outcomes. Requires the Agency for Healthcare Research and Quality to include in its annual report on health care quality a summary of the most recent research on green health care and the ways in which environmentally sustainable practices can improve employee performance, reduce health care costs, and improve patient outcomes.

A bill to provide loans to hospitals and nonprofit health care institutions to implement green building technologies, waste management techniques, and other environmentally sustainable practices to improve employee performance, reduce healthcare costs, and improve patient outcomes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Landscape Restoration Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage the collaborative, science- based ecosystem restoration of priority forest landscapes through a process that-- (1) encourages ecological, economic, and social sustainability; (2) leverages local resources with national and private resources; (3) facilitates the reduction of wildfire management costs, including through reestablishing natural fire regimes and reducing the risk of uncharacteristic wildfire; and (4) demonstrates the degree to which-- (A) various ecological restoration techniques-- (i) achieve ecological health objectives; and (ii) affect wildfire activity and management costs; and (B) the use of forest restoration byproducts can offset treatment costs while benefitting rural economies and improving forest health. SEC. 3. DEFINITIONS. In this Act: (1) Covered federal lands.--The term ``covered Federal lands'' means Federal lands under the jurisdiction of the Bureau of Land Management and National Forest System lands. (2) Fund.--The term ``Fund'' means the Collaborative Forest Landscape Restoration Fund established by section 4(g). (3) Program.--The term ``program'' means the Collaborative Forest Landscape Restoration Program established under section 4(a). (4) Secretaries.--The term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture, acting jointly. SEC. 4. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM. (a) Establishment.--The Secretary of the Interior and the Secretary of Agriculture, acting jointly, shall establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration treatments for priority forest landscapes in accordance with applicable law. (b) Compliance With Existing Laws.--All activities carried out under the program shall be carried out in compliance with section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) and the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). (c) Eligibility Criteria.--To be eligible for nomination under subsection (d) for selection and funding under the program, a collaborative forest landscape restoration proposal shall-- (1) be based on a landscape restoration strategy that-- (A) is complete or substantially complete; (B) identifies and prioritizes ecological restoration treatments for a 10-year period across a landscape that is-- (i) at least 50,000 acres; (ii) comprised primarily of forested covered Federal lands, but may also include other Federal, State, tribal, or private land; (iii) in need of active ecosystem restoration; and (iv) accessible by existing or proposed wood-processing infrastructure at an appropriate scale to use woody biomass and small-diameter wood removed in ecological restoration treatments; (C) incorporates-- (i) the best available science and scientific application tools in ecological restoration strategies; and (ii) the requirements for old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (f) and the requirements for large- tree retention of subsection (f) of section 102 of Public Law 108-148 (16 U.S.C. 6512); and (D) does not include the establishment of permanent roads; (2) be developed and implemented through a collaborative process that-- (A) includes multiple interested persons representing diverse interests; (B) is transparent and nonexclusive or meets the requirements for a resource advisory committee under section 205 of Public Law 106-393 (16 U.S.C. 500 note); and (C) has an established record of successful planning and implementation of ecological restoration projects on covered Federal lands; (3) describe plans to-- (A) use fire for ecological restoration and maintenance, where appropriate; (B) improve fish and wildlife habitat, including for endangered, threatened, and sensitive species; (C) maintain or improve water quality; (D) prevent, remediate, or control invasions of exotic species; (E) maintain or decommission roads; (F) use woody biomass and small-diameter trees produced from projects implementing the landscape restoration strategy; (G) report annually on performance, including through performance measures from the plan entitled the ``10 Year Comprehensive Strategy Implementation Plan'' and dated December 2006; (H) develop small business incubators and provide employment and training opportunities to people in rural communities, including contracts for monitoring activities, through-- (i) local private, nonprofit, or cooperative entities; (ii) Youth Conservation Corps crews or related partnerships, with State, local, and non-profit youth groups; (iii) small or micro-businesses; or (iv) other entities that will hire or train a significant percentage of local people to complete such contracts; and (I) take into account any applicable community wildfire protection plan (as defined in section 101 of Public Law 108-148 (16 U.S.C. 6511)); (4) analyze the anticipated cost savings resulting from-- (A) reduced wildfire management costs; and (B) a decrease in the unit costs of implementing ecological restoration treatments over time; (5) estimate-- (A) the annual Federal funding necessary to implement the proposal; and (B) the amount of new non-Federal investment for carrying out the proposal that would be leveraged by Federal funding for ecological restoration treatments; and (6) be subject to any other requirements that the Secretaries determines to be necessary for the efficient and effective administration of the program. (d) Nomination Process.-- (1) Submission.--A collaborative forest landscape restoration proposal shall be submitted to the Director of the Bureau of Land Management for each State in which the covered Federal lands included in the proposal are located and to the Regional Forester for the Forest Service Region in which the covered Federal lands included in the proposal are located. (2) Nomination.--A State Director of the Bureau of Land Management or a Regional Forester may nominate collaborative forest landscape restoration proposals for selection by the Secretaries. (3) Documentation.--With respect to each collaborative forest landscape restoration proposal that is nominated under paragraph (2)-- (A) the State Director of the Bureau of Land Management or Regional Forester making the nomination shall-- (i) include a proposal to use Federal funds allocated to the State Director of the Bureau of Land Management or Regional Forester to fund those costs of planning and carrying out ecological restoration treatments on covered Federal lands consistent with the landscape restoration strategy that would not be covered by amounts transferred to the Secretaries from the Fund; and (ii) provide evidence that amounts proposed to be transferred to the Secretaries from the Fund during the first 2 years following selection would be used to carry out ecological restoration treatments consistent with the landscape restoration strategy during the same fiscal year in which the funds are transferred to the Secretaries; and (B) if the collaborative forest landscape restoration proposal includes activities that would be carried out on land that is not under the jurisdiction of the Secretaries, the State Director of the Bureau of Land Management or Regional Forester making the nomination shall provide evidence that the owner of the non-covered Federal land intends to participate in, and provide appropriate funding to carry out, the activities on the non-covered Federal land. (e) Selection Process.-- (1) In general.--After consulting with any scientific and technical advisory panels established under subsection (f), the Secretaries shall, subject to paragraph (2), select the best collaborative forest landscape restoration proposals that-- (A) have been nominated under subsection (d)(2); and (B) meet the eligibility criteria established by subsection (c). (2) Criteria.--In selecting collaborative forest landscape restoration proposals under paragraph (1), the Secretaries shall give special consideration to-- (A) the strength of the ecological case of the proposal for landscape restoration and the proposed restoration strategies; (B) the strength of the collaborative process; (C) whether the proposal would reduce the relative costs of carrying out treatments as a result of the use of woody biomass and small-diameter trees; (D) whether the proposal is likely to achieve reductions in long-term wildfire management costs; (E) the strength of the landscape restoration proposal and strategy; and (F) whether an appropriate level of non-Federal investment would be leveraged in carrying out the proposal. (3) Limitation.--The Secretaries may select not more than-- (A) 10 collaborative forest landscape restoration proposals to be funded during any fiscal year; and (B) 2 collaborative forest landscape restoration proposals in any 1 region of the National Forest System to be funded during any fiscal year. (f) Advisory Panels.-- (1) Scientific advisory panel.--The Secretaries shall establish a scientific advisory panel comprised of not more than 12 experts in ecological forest restoration and fire ecology to evaluate, and provide recommendations on, any proposal that has been nominated under subsection (d)(2) and meets the eligibility criteria established by subsection (c) with respect to-- (A) the strength of the ecological case of the proposal for landscape restoration and the proposed restoration strategies; and (B) whether the proposal is likely to achieve reductions in long-term wildfire management costs. (2) Technical advisory panel.--The Secretaries may establish a technical advisory panel comprised of experts in rural business development and the use of woody biomass and small-diameter trees to evaluate, and provide recommendations on, any proposal that has been nominated under subsection (d)(2) and meets the eligibility criteria established by subsection (c) with respect to whether the proposal is likely to reduce the relative costs of carrying out treatments as a result of the use of woody biomass and small-diameter trees and provide local economic benefit. (g) Collaborative Forest Landscape Restoration Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``Collaborative Forest Landscape Restoration Fund'', to be used to pay up to 50 percent of the cost of carrying out ecological restoration treatments on covered Federal lands for each collaborative forest landscape restoration proposal selected to be carried out under subsection (e), 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 (3). (2) Expenditures from fund.--On request by the Secretaries, the Secretary of the Treasury shall transfer from the Fund to the Secretaries such amounts as the Secretaries determines are necessary to carry out ecological restoration treatments under paragraph (1). (3) Accounting and reporting system.--The Secretaries shall establish an accounting and reporting system for the Fund. (4) Authorization of appropriations.--There is authorized to be appropriated to the Fund $40,000,000 for each of fiscal years 2008 through 2018, to remain available until expended. (h) Program Implementation and Monitoring.-- (1) Work plan.--Not later than 180 days after the date on which a collaborative forest landscape restoration proposal is selected to be carried out, the Secretaries shall create, in collaboration with the interested persons, an implementation work plan and budget to implement the collaborative forest landscape restoration proposal that includes-- (A) a description of the manner in which the proposal would be implemented to achieve ecological and community economic benefit, including capacity building to accomplish restoration; (B) a business plan that addresses-- (i) the anticipated unit treatment cost reductions over 10 years; (ii) the anticipated costs for infrastructure needed for the proposal; (iii) the projected sustainability of the supply of woody biomass and small-diameter trees removed in ecological restoration treatments; and (iv) the projected local economic benefits of the proposal; and (C) documentation of the non-Federal investment in the priority landscape, including the sources and uses of the investments. (2) Project implementation.--Amounts transferred to the Secretaries from the Fund shall be used to carry out ecological restoration treatments that are-- (A) consistent with the landscape restoration proposal and strategy; and (B) identified through the collaborative process described in subsection (c)(2). (3) Annual report.--The Secretaries, in collaboration with interested persons, shall prepare an annual report on the accomplishments of each selected collaborative forest landscape restoration proposal that includes-- (A) a description of all acres (or other appropriate unit) treated and restored through projects implementing the landscape restoration strategy; (B) an evaluation of progress, including performance measures and how prior year evaluations have contributed to improved project performance; (C) a description of community benefits achieved, including any local economic benefits; (D) the results of the multiparty monitoring, evaluation, and accountability process under paragraph (4); and (E) a summary of the costs of-- (i) treatments; and (ii) relevant fire management activities. (4) Multiparty monitoring.--The Secretaries, in collaboration with interested persons, shall use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of each project implementing a selected collaborative forest landscape restoration proposal for not less than 15 years after project implementation commences. (i) Report.--Not later than 5 years after the first fiscal year in which funding is made available to carry out ecological restoration projects under the program, and every 5 years thereafter, the Secretaries shall submit a report on the program, including an assessment of whether, and to what extent, the program is fulfilling the purposes of this Act, to-- (1) the Committee on Energy and Natural Resources of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Natural Resources of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.

Forest Landscape Restoration Act - Directs the Secretary of Agriculture to establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration treatments for priority forest landscapes. Sets forth provisions concerning the eligibility criteria for, and nomination and selection of, collaborative forest landscape restoration proposals for carrying out such treatments. Requires the Secretary to establish a scientific advisory panel to evaluate, and provide recommendations on, any proposal with respect to: (1) the strength of the ecological case of the proposal for landscape restoration and the proposed restoration strategies; and (2) whether the proposal is likely to achieve reductions in long-term wildfire management costs. Authorizes the Secretary to establish a technical advisory panel to evaluate, and provide recommendations on, any proposal with respect to whether the proposal is likely to reduce the relative costs of carrying out treatments resulting from the use of woody biomass and small-diameter trees and to provide local economic benefit. Establishes the Collaborative Forest Landscape Fund, to be used for paying up to 50% of the cost of carrying out ecological restoration treatments on National Forest System land for each proposal selected. Requires: (1) creation of implementation work plans and budgets to implement proposals; (2) submission of annual reports on the accomplishments of selected proposals; (3) use of a multiparty monitoring, evaluation, and accountability process to assess the ecological, social, and economic effects of projects implementing proposals; and (4) submission of reports every five years on the Program.

To encourage the collaborative, science-based ecosystem restoration of priority forest landscapes on Federal lands under the jurisdiction of the Bureau of Land Management and the Forest Service through a joint Collaborative Forest Landscape Restoration Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freeing Alternatives for Speedy Transportation (FAST) Act''. SEC. 2. INTERSTATE SYSTEM. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Fast fees ``(a) Establishment.--The Secretary shall establish and implement an Interstate System FAST Lanes program under which the Secretary, notwithstanding sections 129 and 301, shall permit a State, or a public or private entity designated by the State, to collect fees to finance the expansion of a highway by constructing additional lanes on the Interstate System for the purpose of reducing traffic congestion. ``(b) Eligibility.--To be eligible to participate in the program, a State shall submit to the Secretary an application that contains the following: ``(1) An identification of the additional lanes to be constructed on the Interstate System under the program. ``(2) In the case of additional lanes that affect a metropolitan area, an assurance that the metropolitan planning organization established under section 134 for the area has been consulted during the planning process concerning the placement and amount of fees on the additional lanes. ``(3) A facility management plan that includes-- ``(A) a plan for implementing the imposition of fees on the additional lanes; ``(B) a schedule and finance plan for construction, operation, and maintenance of the additional lanes using revenues from fees; and ``(C) a description of the public or private entities that will be responsible for implementation and administration of the program. ``(c) Selection Criteria.--The Secretary shall approve the application of a State under subsection (b) only if the Secretary determines that the State has met the requirements of such subsection. ``(d) Agreement Requirements; Audits.--Before the Secretary may permit a State to participate in the program, the State must enter into an agreement with the Secretary that provides that-- ``(1) fees shall be collected only by using non-cash electronic technology; ``(2) all revenues from fees received from operation of FAST lanes shall be used only for-- ``(A) debt service related to the investment in FAST lanes; ``(B) reasonable return on investment of any private entity financing the project as determined by the State; and ``(C) any costs necessary for the improvement of and the proper operation and maintenance, including reconstruction, resurfacing, restoration, and rehabilitation of FAST lanes and existing lanes only-- ``(i) if such improvement is necessary to integrate existing lanes with the additional FAST lanes; and ``(ii) while fees are collected; ``(3) fees may be collected only for FAST lanes and may not be collected for existing lanes; ``(4) use of FAST lanes shall be voluntary; ``(5) revenues from fees received from operation of FAST lanes may not be used for any other project; ``(6) once the project is complete and the costs and revenue described in paragraph 2 are met, no additional fees may be collected; and ``(7) annual audits shall be conducted while fees are collected to ensure compliance with paragraphs (1) through (5) and the results of such audits shall be transmitted to the Secretary. ``(e) Apportionment.--Revenues collected from FAST lanes shall not be taken into account in determining the apportionments and allocations that any State or transportation district within a State shall be entitled to receive under or pursuant to this chapter.''. (b) Conforming Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 164 the following: ``165. Fast fees.''. SEC. 3. TOLL FEASIBILITY. Section 106 of title 23, United States Code, is amended by adding at the end the following: ``(i) Toll Feasibility.--The Secretary shall conduct a study for a project under this title with an estimated total cost of $50,000,000 or more to determine-- ``(1) if a toll facility for such project is feasible; and ``(2) if privatizing the construction, operation, and maintenance of the facility is financially advisable (while retaining legal and administrative control of the portion of the Interstate route).''. SEC. 4. FREEDOM TO COLLECT TOLLS. Section 301 of title 23, United States Code, is amended by inserting before the comma the following: ``and section 165''.

Freeing Alternatives for Speedy Transportation (FAST) Act - Amends Federal highway law to direct the Secretary of Transportation to establish and implement an Interstate System FAST Lanes program under which the Secretary shall permit a State, or a public or private entity designated by the State, to collect fees to finance the expansion of a highway by constructing additional lanes on the Interstate System for the purpose of reducing traffic congestion. Requires the Secretary to conduct a study for a project with an estimated total cost of $50 million or more to determine: (1) if a toll facility for such project is feasible; and (2) if privatizing the construction, operation, and maintenance of the facility is financially advisable (while retaining legal and administrative control of the portion of the Interstate route).

To amend title 23, United States Code, to empower State and local authorities with tools to eliminate congestion on the Interstate System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Captive Wildlife Safety Technical Amendments Act of 2008''. SEC. 2. CAPTIVE WILDLIFE SAFETY AMENDMENTS. (a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A), by inserting ``or'' after the semicolon; (B) in subparagraph (B), by striking ``; or'' and inserting a semicolon; and (C) by striking subparagraph (C); and (2) in subsection (e)-- (A) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6) respectively; and (B) by striking ``(e)'' and all that follows through ``Subsection (a)(2)(C)'' in paragraph (1) and inserting the following: ``(e) Captive Wildlife Offenses.-- ``(1) In general.--It is unlawful for any person-- ``(A) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any live animal of any prohibited wildlife species; or ``(B) to attempt to commit any act described in subparagraph (A). ``(2) Nonapplicability.--This subsection''; (C) in paragraph (2) (as redesignated by subparagraph (A))-- (i) by striking ``a'' before ``prohibited'' and inserting ``any''; (ii) by striking ``(3)'' and inserting ``(4)''; and (iii) by striking ``(2)'' and inserting ``(3)''; (D) in paragraph (3) (as redesignated by subparagraph (A))-- (i) in subparagraph (C)-- (I) in clauses (ii) and (iii), by striking ``animals listed in section 2(g)'' each place it appears and inserting ``prohibited wildlife species''; and (II) in clause (iv), by striking ``animals'' and inserting ``prohibited wildlife species''; and (ii) in subparagraph (D)-- (I) by striking ``the animal'' the first place it appears and inserting ``an animal of any prohibited wildlife species''; and (II) by striking ``the animal'' the second place it appears and inserting ``that animal''; (E) in paragraph (4) (as redesignated by subparagraph (A)), by striking ``(2)'' and inserting ``(3)''; (F) in paragraph (6) (as redesignated by subparagraph (A))-- (i) by striking ``subsection (a)(2)(C)'' and inserting ``this subsection''; and (ii) by striking ``fiscal years 2004 through 2008'' and inserting ``fiscal years 2009 through 2013''; and (G) by inserting after paragraph (6) (as redesignated by subparagraph (A)) the following: ``(7) Application.--This subsection shall apply beginning on the effective date of regulations promulgated under this subsection.''. (b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)) is amended-- (1) in paragraph (1), by striking ``subsections (b) and (d)'' and inserting ``subsections (b), (d), and (e)''; and (2) in paragraph (1), by striking ``section 3(d)'' and inserting ``subsection (d) or (e) of section 3''. (c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in paragraphs (1)(A) and (1)(B) and in the first sentence of paragraph (2), by striking ``subsections (b) and (d)'' each place it appears and inserting ``subsections (b), (d), and (e)''; and (2) in paragraph (3), by striking ``section 3(d)'' and inserting ``subsection (d) or (e) of section 3''. (d) Correction of Prior Amendment.-- (1) Correction.--Section 102(c) of Public Law 100-653 (102 Stat. 3826) is amended by striking ``section 3(b)'' and inserting ``subsection 3(b)''. (2) Effective date.--This subsection shall take effect upon enactment of Public Law 100-653. SEC. 3. APPLICABILITY PROVISION AMENDMENT. Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108-191) is amended-- (1) in subsection (a), by striking ``(a) In General.-- Section 3'' and inserting ``Section 3''; and (2) by striking subsection (b). Passed the House of Representatives March 31, 2008. Attest: LORRAINE C. MILLER, Clerk.

Captive Wildlife Safety Technical Amendments Act of 2008 - Makes technical and conforming amendments to the Lacey Act Amendments of 1981 relating to the enforcement of, and civil and criminal penalties under, the Captive Wildlife Safety Act. Prohibits any person from importing, exporting, transporting, selling, receiving, acquiring, or purchasing in interstate or foreign commerce any live animal of any prohibited wildlife species. Authorizes appropriations to carry out captive wildlife offense provisions for FY2009-FY2013.

To amend the Lacey Act Amendments of 1981 to protect captive wildlife and to make technical corrections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Safety Hotline Act of 2001''. SECTION 2. FINDINGS. The Congress finds that-- (1) an estimated 255,000 violent incidents occurred in 1999 on school property, at an official school function, or while traveling to and from school; (2) for the complete school year July 1, 1997, through June 30, 1998, there were 58 school-associated violent deaths that resulted from 46 incidents; 46 of these violent deaths were homicides, 11 were suicides, and one teenager was killed by a law enforcement officer in the course of duty; (3) although fewer school-associated violent deaths have occurred in recent years, the total number of multiple victim homicide events has increased; (4) in 1997, 5 percent of all 12th graders reported that they had been purposefully injured, while they were at school, with a weapon such as a knife, gun, or club during the prior 12 months, and 14 percent reported that they had been injured on purpose without a weapon; (5) on average, each year from 1993 to 1997, there were 131,400 violent crimes against teachers at schools, as reported by teachers from both public and private schools, which translates into a rate of 31 violent crimes for every 1,000 teachers; (6) tools should be created for, and provided to, students, teachers, parents, and administrators across the country so that they have the ability to provide the information necessary to law enforcement authorities to take action before other tragedies occur; and (7) school safety hotlines allow students, parents, and school personnel the opportunity to report threats of school violence to law enforcement authorities, thus reducing incidents of youth violence. SEC. 3. AMENDMENT. Section 223(a)(10) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(10)) is amended-- (1) in subparagraph (N) by striking ``and'' at the end, (2) in subparagraph (O) by striking the period at the end and inserting ``; and'', and (3) by inserting after subparagraph (O) the following: ``(P) programs related to the establishment and maintenance of a school violence hotline, based on a public-private partnership, that students and parents can use to report suspicious, violent, or threatening behavior to school and law enforcement authorities;''. SEC. 4. SCHOOL INVOLVEMENT. (a) State Programs.--Section 4113(b)(1) of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7113(b)(1)) is amended-- (1) by redesignating subparagraphs (E) through (G) as (F) through (H), respectively; and (2) by inserting after subparagraph (D) the following: ``(E) establishing and maintaining a school violence hotline, based on a public-private partnership, that students and parents can use to report suspicious, violent, or threatening behavior to school and law enforcement authorities;''. (b) Governor's Programs.--Section 4114(c) of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7114(c)) is amended-- (1) by redesignating paragraphs (6) through (12) as (7) through (13), respectively; and (2) inserting after paragraph (5) the following: ``(6) establishing and maintaining a school violence hotline, based on a public-private partnership, that students and parents can use to report suspicious, violent, or threatening behavior to school and law enforcement authorities;''. (c) Local Programs.--Section 4116(b) of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7116(a)) is amended-- (1) by redesignating paragraphs (7) through (10) as (8) through (11), respectively; and (3) by inserting after paragraph (6) the following: ``(7) establishing and maintaining a school violence hotline, based on a public-private partnership, that students and parents can use to report suspicious, violent, or threatening behavior to school and law enforcement authorities.''. SEC. 5. NOTIFICATION. Not later than 1 year after the date of the enactment of this Act, the Secretary of Education shall provide written notification to the States and State educational agencies of the ability of States or State educational agencies, as appropriate, to use State administrative funds provided under title IV and title VI of the Elementary and Secondary Education Act of 1965 to implement programs related to the establishment and operation of a toll-free telephone hotline that students, parents, and school personnel use to report suspicious, violent, or threatening behavior related to schools or school functions to law enforcement authorities.

School Safety Hotline Act of 2001 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 and the Safe and Drug-Free Schools and Communities Act of 1994 to allow certain grants to be used to establish and maintain school violence hotlines.

To amend the Juvenile Justice and Delinquency Prevention Act of 1974, and the Safe and Drug-Free Schools and Communities Act of 1994, to allow grants received under such Acts to be used to establish and maintain school safety hotlines.

SECTION 1. PURPOSE. It is the purpose of this Act to allow each public secondary school to hire a director of school safety, discipline, and student assistance to develop or improve a safety plan. SEC. 2. PROGRAM AUTHORIZED. The Secretary is authorized to provide grants on a competitive basis to specially designated agencies and State educational agencies to enable each public secondary school to employ a director to develop or improve a school safety plan. SEC. 3. GRANT AWARD. (a) State Application.--To be eligible to receive a grant award under this Act, a State educational agency shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (b) Local Application.--To be eligible to receive a subgrant under this Act, a local educational agency, other than a specially designated agency, shall submit an application to the State educational agency in such form and containing or accompanied by such information as the State educational agency shall require. (c) Specially Designated Agency Application.--If a State educational agency does not apply for a grant award under this Act in a fiscal year, any specially designated agency in such State that desires to receive a grant under this Act in such fiscal year shall apply to the Secretary at such time, in such form, and containing such information as the Secretary may require. (d) Contents.--An application submitted under subsections (a), (b), or (c) shall include assurances that-- (1) funds provided under this Act shall be used only to hire a director to develop or improve a public secondary school safety plan and implement security measures approved in the school safety plan; (2) funds provided under this Act shall supplement, not supplant, State and local funds; (3) the director shall have the authority-- (A) to discipline (in accordance with the school safety plan) any student whose actions or words threaten the safety of any student, teacher, employee, or administrator of the school; and (B) refer any student to the appropriate law enforcement authority, family and children services, or any other agency or organization the Director considers appropriate to meet the requirements of the school safety plan; (C) the applicant that receives funds under this Act shall use not more than 1.5 percent of the funds to pay administrative expenses; (4) the applicant shall provide parents, students, faculty, school administrators, and any other individuals or groups who the director requests, an opportunity to present their views and make recommendations regarding the safety plan; and (5) in the case of a State educational agency, such agency shall evaluate the effectiveness of each public secondary school safety plan on an annual basis. SEC. 4. DEFINITIONS. As used in this Act: (1) Director.--The term ``director'' means the individual or entity hired as director of school safety, discipline, and student assistance for a public secondary school, employed directly or through a contract with a school board, to develop or improve the school safety plan. If the individual employed as director is a school tenured employee when hired, the director shall waive tenure. (2) Local educational agency.--The term ``local educational agency'' has the same meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (3) Outlying area.--The term ``outlying area'' means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (4) Secondary school.--The term ``secondary school'' has the same meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. (6) Specially designated agency.--The term ``specially designated agency'' means a local educational agency, located in a State that did not receive a grant under this Act in a fiscal year, that applies directly to the Secretary for a grant in accordance with section (3)(a)(3). (7) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each outlying area. SEC. 5. GEPA AMENDMENT. Section 444(b)(1) of the General Education Provisions Act (20 U.S.C. 1232g) is amended-- (1) in subparagraph (I), by striking ``and'' after the semicolon; (2) in subparagraph (J), by striking the period and inserting ``and;''; and (3) by inserting after subparagraph (J), the following: ``(K) the individual or entity hired, either directly or through a contract by a school board, as a director of school safety, discipline, and student assistance to develop and implement a school safety plan.''.

Sets forth application requirements for: (1) SEAs, for grants; (2) LEAs other than specially designated ones, for subgrants; and (3) specially designated LEAs in States which do not apply for such grants, for direct grants. Requires funds provided under this Act to be used only to hire an individual or entity as a director to develop or improve a public secondary school safety plan and implement security measures approved in the school safety plan. Requires such a director to have the authority to: (1) discipline, in accordance with the school safety plan, any student whose actions or words threaten the safety of any student, teacher, employee, or administrator of the school; and (2) refer any student to the appropriate law enforcement authority, family and children services, or any other agency or organization the director considers appropriate to meet school safety plan requirements. Amends the General Education Provisions Act to include, among those to whom certain educational records may be released without the written consent of students' parents, directors of school safety, discipline, and assistance in their developing and implementing school safety plans.

To provide grants to enable each public secondary school to hire a director of school safety, discipline, and student assistance to develop or improve a safety plan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Katrina Worker Safety and Filing Flexibility Act of 2005''. SEC. 2. SENSE OF CONGRESS CONCERNING THE SAFETY AND HEALTH OF EMERGENCY RESPONSE, RECOVERY, AND RECONSTRUCTION WORKERS. (a) Findings.--Congress finds that-- (1) individuals working in emergency response, recovery, and reconstruction in the disaster areas in Louisiana, Mississippi, and Alabama in the wake of Hurricane Katrina face numerous and uncommon worksite and environmental hazards; (2) workers may be facing hazards with which they have little prior experience or training, and typical communication channels may not be as effective as they are under normal circumstances; (3) the Occupational Safety and Health Administration (referred to in this section as ``OSHA'') has deployed safety and health professionals to Louisiana, Mississippi, and Alabama to provide technical assistance to emergency response, recovery, and reconstruction workers in their ongoing cleanup efforts along the Gulf Coast of the United States; and (4) OSHA's efforts to protect first responders and emergency response, recovery and reconstruction workers are being guided by the Worker Health and Safety Annex plan, as established in the National Response Plan that was recently adopted by the Department of Homeland Security. (b) Sense of Congress.--It is the sense of Congress that-- (1) as soon as practicable after the date of enactment of this Act OSHA should-- (A) implement all of the relevant provisions of the Worker Health and Safety Annex plan; (B) in addition to making public service announcements, develop additional methods to provide workers and employers with the information they need to maintain a safe workplace, including their rights and obligations under health and safety laws, such as working through OSHA's Strategic Partnerships, and working with contractors and labor organizations to reach all employers and workers involved in the emergency response, recovery, and reconstruction; (C) work to communicate with immigrant and non- English speaking workers and employers about safety rights, resources, and requirements; (D) deploy sufficient personnel to the region to successfully carry out their mission, including enforcement of and education about safety standards and rights; (E) work with State, local, and tribal governments to ensure the availability and management of all available safety resources for emergency response, recovery, and reconstruction workers; (F) work with other Federal agencies such as Federal Emergency Management Agency, the National Institute of Occupational Safety and Health, the Environmental Protection Agency, the Chemical Safety Hazard Board, the National Institute of Environmental Health Sciences, the Department of Energy, the Department of Health and Human Services, and the Department of Transportation to identify hazards, determine the optimum hazard abatement solutions and communicate those solutions to potentially endangered workers and employers, and to identify the need for personal protective equipment for employees engaged in clean-up of hazardous materials and, when possible, coordinate and facilitate distribution of such equipment; and (G) work with the Environmental Protection Agency and the National Institute of Environmental Health Sciences to provide technical assistance and training for workers covered by Hazardous Waste Operations and Emergency Response Standards; and (2) records of the identity of individuals involved in the recovery and rebuilding efforts should be maintained, and therefore all entities engaged in these efforts are encouraged to maintain such records, and, if maintained, to forward such records and rosters to OSHA or the appropriate agency for collection and central storage. SEC. 3. COMMUNICATIONS, ENFORCEMENT, AND TRAINING. There are authorized to be appropriated such sums as may be necessary to enable the Department of Labor and the Occupational Safety and Health Administration to pay for needed communications, including public service announcements on radio and television, to provide for additional personnel, to enforce safety standards, and to provide needed health and safety training and resources to affected workers and employers. SEC. 4. REPORTING. Not later than 60 days after the date of enactment of this Act, the Secretary of Labor jointly with the Administrator of the Occupational Safety and Health Administration, shall provide a briefing to the members of the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the members of the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives concerning the progress made toward providing necessary personnel to enforce safety standards providing needed health and safety training and resources to affected workers and employers relating to Hurricane Katrina reconstruction and coordinating efforts with other agencies including Federal Emergency Management Agency, the National Institute of Occupational Safety and Health, the Environmental Protection Agency, and the National Institute of Environmental Health Sciences. Such briefing shall include a report on the resources expended or needed to implement such measures. Not later than 9 months after such date of enactment, the Secretary of Labor and the Administrator of the Occupational Safety and Health Administration shall deliver a written report to Congress summarizing the success in achieving such goals. SEC. 5. EXTENSION OF DEADLINES FOR LMRDA. With respect to-- (1) any labor organization or employer, the principal place of business of which is located in an area declared a disaster area by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina, or whose financial records, or any potion thereof, are located in such an area; or (2) any officer or employee of a labor organization who resides in such an area or whose financial records, or any potion thereof, are located in such an area; and that is required to file an annual financial report pursuant to Title II of the Labor-Management Reporting and Disclosure Act (29 U.S.C. 431 et seq.) by September 30, 2005, the Secretary of Labor shall extend the deadline for filing such reports as appropriate, but in no case to a date that is earlier than March 31, 2006. SEC. 6. DEPARTMENT OF LABOR INSPECTOR GENERAL AUDIT AND REPORT. (a) In General.--The Inspector General of the Department of Labor (referred to in this section as the ``Inspector General'') shall conduct an audit and investigation of each program carried out by the Department of Labor that includes response and recovery activities related to Hurricane Katrina. (b) Weekly Report.--Not less frequently than once a week, the Inspector General shall provide a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives listing the audits and investigations initiated pursuant to subsection (a). (c) Status Report.--Not later than 6 months after the date of enactment of this section, and biannually thereafter until the audits and investigations described in subsection (a) are complete, the Inspector General shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives on the full status of the activities of the Inspector General under this section. (d) Cooperative Ventures.--In carrying out this section, the Inspector General is encouraged to enter into cooperative ventures with Inspectors General of other Federal agencies.

Katrina Worker Safety and Filing Flexibility Act of 2005 - Expresses the sense of Congress with respect to the safety of workers in Hurricane Katrina-related response and recovery activities, and maintenance of records on such workers. Authorizes appropriations to the Department of Labor (DOL) and the Occupational Safety and Health Administration (OSHA) for necessary communications including public service announcements, additional personnel, safety standards enforcement, and health and safety training and resources for affected workers and employers. Directs the Secretary of Labor and the OSHA Administrator to give a briefing to specified congressional committees on progress towards providing necessary personnel for such enforcement and training, and on coordination with other federal agencies. Extends annual financial report deadlines under the Labor-Management Reporting and Disclosure Act for unions or employers in the Hurricane Katrina disaster area. Directs the DOL Inspector General to audit, investigate, and report on each of the DOL programs that includes Hurricane Katrina-related response and recovery activities.

A bill to express the sense of Congress and to improve reporting with respect to the safety of workers in the response and recovery activities related to Hurricane Katrina, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Market Grazing Fees Act''. SEC. 2. GRAZING FEES ESTABLISHED AT FAIR MARKET VALUE. (a) Fees Required.--Notwithstanding any other provision of law, the Secretary of Agriculture and the Secretary of the Interior, with respect to public grazing lands subject to their respective jurisdiction, shall establish an annual domestic livestock grazing fee equal to the fair market value of the grazing lease or permit concerned. (b) Commencement of Fees.--The grazing fees required by this section shall apply beginning with the grazing season that commences on March 1, 1998. (c) Factors.--In determining the fair market value of a grazing lease or permit, the Secretary concerned shall take into account the following: (1) The amounts and conditions under which neighboring non- Federal lands are leased or sold for grazing purposes. (2) The improvements provided or to be provided by the lessee or permit holder. (3) The services to be provided by the United States. (d) Procedures.--In determining the fair market value of grazing permits, the Secretary concerned shall publish rules in accordance with chapter 5 of title 5, United States Code, which ensure that whenever practicable fair market value is established through competitive bidding. (e) Small Family Ranch Exemption.-- (1) Certification for prevailing fees.--The holder of a Federal grazing lease or permit as of the date of the enactment of this section who makes a certification to the Secretary concerned in accordance with this subsection shall be charged the prevailing grazing fee on that date for the period beginning on that date and ending on February 28, 2008. (2) Content of certification.-- (A) Annual income.--The holder of the Federal grazing lease or permit shall certify that, for the immediately preceding calendar year-- (i) the holder derived more than half of the holder's annual income from the ranching operation associated with the Federal grazing lease or permit; and (ii) the holder-- (I) if an individual, has an adjusted gross annual income (as defined in the Internal Revenue Code of 1986) of less than $50,000; or (II) if a person other than an individual, has total assets of less than $1,000,000, including the value of Federal leases or permits of any kind, including the assets of any entity owned by, controlled by, or under common control of, directly or indirectly, the holder. (B) Substantial labor.--The holder of the Federal grazing lease or permit shall certify that, for the immediately preceding calendar year, the holder-- (i) if an individual, performed substantial labor in the ranching operation either personally or using members of the holder's immediate family; or (ii) if a person other than an individual, performed substantial labor in the ranching operation using the officers of the holder. (3) Submission of certification.--A certification under this subsection shall be submitted to the Secretary concerned before the beginning of each grazing season. (f) Definitions.--For the purposes of this section: (1) Public grazing lands.--The term ``public grazing lands'' means the following: (A) The National Forest lands (including the national grasslands) in the 16 contiguous Western States administered by the United States Forest Service where domestic livestock grazing is permitted under applicable law. (B) The public domain lands administered by the Bureau of Land Management where domestic livestock grazing is permitted under applicable law. (C) The lands within units of the National Park System on which grazing is permitted under applicable law. (2) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to public grazing lands subject to the jurisdiction of the Secretary of Agriculture; and (B) the Secretary of the Interior, with respect to public grazing lands subject to the jurisdiction of the Secretary of the Interior. (g) Effect of Failure to Establish Fees.--No grazing shall be permitted on any public grazing lands after March 1, 1998, unless the Secretary of the Interior and the Secretary of Agriculture each affirm to Congress that grazing fees for all public grazing lands have been established in compliance with this section.

Free Market Grazing Fees Act - Directs the Secretaries of Agriculture and the Interior to establish fair market value grazing fees for use of their respective public lands. Establishes a prevailing fee exception for current small family ranch leases or permits.

Free Market Grazing Fees Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Shale and Tar Sands Leasing Act of 2008''. SEC. 2. OIL SHALE AND TAR SANDS LEASING. Section 369 of the Energy Policy Act of 2005 (42 U.S.C. 15927) is amended-- (1) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``Not later than 18 months after the date of enactment of this Act, in'' and inserting the following: ``(A) In general.--Not later than 1 year after the date of enactment of the Oil Shale and Tar Sands Leasing Act of 2008, in''; and (ii) by adding at the end the following: ``(B) Additional comment period.--The Governors of each of the States of Colorado, Utah, and Wyoming shall be afforded an additional 90 days beyond the public comment period during which to comment on the final programmatic environmental impact statement prior to issuance of a record of decision by the Secretary.''; and (B) in paragraph (2)-- (i) in the heading by striking ``(2) Final regulation.--Not'' and inserting the following: ``(2) Proposed regulation.-- ``(A) In general.--Not''; (ii) by striking ``6 months'' and inserting ``1 year''; (iii) by striking ``final'' and inserting ``proposed''; and (iv) by adding at the end the following: ``(B) Public comment.--The proposed regulations under this paragraph shall be open to public comment for not less than 120 days.''; (2) by redesignating subsections (e) through (s) as subsections (g) through (u), respectively; (3) by inserting after subsection (d) the following: ``(e) Analysis of Commercial Leasing Program.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Oil Shale and Tar Sands Leasing Act of 2008, and concurrent with the development of the proposed regulations as required by this section, the Secretary shall, in cooperation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, prepare and submit to Congress a report (including recommendations) that analyzes the elements of a commercial leasing program for oil shale and tar sands, taking into account any findings from the research and development program conducted under subsection (c). ``(2) Inclusions.--The report under paragraph (1) shall include-- ``(A) an analysis of-- ``(i) technologies and research and development programs for the production of oil and other materials from oil shale and tar sands in existence on the date on which the report is prepared; ``(ii) whether leases under the program should be issued on a competitive basis; ``(iii) the term of the leases; ``(iv) the maximum size of the leases; ``(v) the minimum size of the leases; ``(vi) the use and distribution of bonus bid payments; ``(vii) the royalty rate to be applied, including whether a sliding scale royalty rate should be used; ``(viii) the maximum number of leases and maximum acreage to be leased under the leasing program to a single lessee or an individual; ``(ix) any infrastructure required to support oil shale and tar sands development in industry and communities; ``(x) any conditions that should be imposed in leases to minimize the impacts on-- ``(I) air quality and conditions, including greenhouse gas emissions; ``(II) water quality and quantity; ``(III) human health; ``(IV) local communities; and ``(V) wildlife habitat; ``(xi) policies that are necessary to mitigate the adverse impacts of commercial oil shale and tar sands exploration, development, and production activities on wildlife and other environmental resources that may be affected by a commercial oil shale and tar sands leasing and development program; ``(xii) reclamation bonding requirements that should be imposed to guarantee the reclamation of areas disturbed by oil shale and tar sands exploration, development, and production activities; and ``(xiii) appropriate diligent development and minimum production requirements; ``(B) an identification of events that should serve as a precursor to commercial leasing, including-- ``(i) the development of environmentally and commercially viable technologies; and ``(ii) the completion of land use planning and environmental reviews; and ``(C) an analysis, developed in conjunction with the appropriate State water resources agencies, of the demand for, and availability of, water with respect to the development of oil shale and tar sands, including the best available estimates of the impacts of population growth and climate change on availability and timing of freshwater throughout the Colorado River Basin. ``(3) Public participation.--In preparing the report under this subsection, the Secretary shall provide notice to, and solicit comment from-- ``(A) the public; ``(B) representatives of local government; ``(C) representatives of industry; and ``(D) other interested parties. ``(4) Participation by certain states.--In preparing the report under this subsection, the Secretary shall-- ``(A) provide timely notice to, and solicit comment from, the Governors of each of the States of Colorado, Utah, and Wyoming; ``(B) allow each of the Governors of Colorado, Utah, and Wyoming a period of not less than 90 days to provide comments on the report; and ``(C) incorporate into the report submitted to Congress under paragraph (1) any response of the Secretary to those comments. ``(5) Incorporation of findings by nas.--In preparing the report required by paragraph (1), the Secretary shall refer to and use information and recommendations made by the National Academy of Sciences in the report described in subsection (f). ``(f) National Academy of Sciences Report and Recommendations.-- ``(1) In general.--Not later than 90 days after the date of enactment of the Oil Shale and Tar Sands Leasing Act of 2008, the Secretary of the Interior, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a study to assess the environmental and commercial framework for oil shale and tar sands development in the United States. ``(2) Matters to be addressed.--The study shall address-- ``(A) the importance of oil shale and tar sands production to meet the energy needs of the United States; ``(B) the status of oil shale and tar sands research and development efforts; ``(C) the likely positive and negative implications of the various technologies for the commercial production of oil from oil shale and tar sands resources, including the cumulative effects of other energy infrastructure necessary for such production, on-- ``(i) water resources (including surface water and groundwater), including the quantity and quality of water; ``(ii) air quality, including greenhouse gas emissions; ``(iii) human health; ``(iv) local communities; ``(v) wildlife habitat; and ``(vi) regional energy needs; ``(D) the timeframe for viable large-scale commercial oil shale and tar sands production and events that should serve as a precursor to commercial leasing, such as development of commercially viable and environmentally safe technologies; ``(E) the feasibility and advisability of initiating a pilot program for commercial leasing; ``(F) energy sources needed for extraction technologies and the resulting energy balance and associated costs; ``(G) potential greenhouse gas emissions for each technology and sequestration opportunities; ``(H) potential social and environmental impacts of commercial oil shale and tar sands production, including groundwater and surface water usage; ``(I) workforce capacity requirements associated with large-scale commercial development; and ``(J) appropriate terms and conditions for commercial oil shale leases on public land, including royalty rates, diligent development requirements, environmental conditions, and length of the lease term. ``(3) Recommendations.--The study shall-- ``(A) analyze the viability of, and timeframe for, environmentally safe commercial oil shale and tar sands development; and ``(B) make recommendations as to changes, if any, to Federal law (including regulations) needed to facilitate the commercial production of oil shale and tar sands resources in a manner that minimizes adverse social and environmental impacts and ensures a fair return to the public. ``(4) Completion of study.--The National Academy of Sciences shall-- ``(A) not later than 18 months after the date of enactment of the Oil Shale and Tar Sands Leasing Act of 2008, submit the findings and recommendations of the study to the Secretary of the Interior, the Secretary of Energy, and the Administrator of the Environmental Protection Agency; and ``(B) on completion of the study, make the results of the study available to the public. ``(5) Report to congress.--Not later than 180 days after receiving the results of the study, the Secretary of the Interior, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall report to Congress on-- ``(A) the findings and recommendations of the study; ``(B) the agreement or disagreement of the Secretary with each of the findings and recommendations of the study; and ``(C)(i) a plan and timeframe for implementing the recommendations of the study through regulations or otherwise; or ``(ii) if the Secretary declines to implement a recommendation, the justification for declining to implement the recommendation.''; (4) in subsection (g) (as redesignated by paragraph (2))-- (A) by striking ``Not later'' and inserting the following: ``(1) In general.--Not later''; (B) in the first sentence, by striking ``of the final regulation required by subsection (d)'' and inserting ``of final regulations issued under this section (taking into account the findings and recommendations of the studies and reports required by subsections (e) and (f) and the results of research and development carried out under leases entered into for that purpose)''; (C) in the second sentence, by striking ``If the Secretary finds sufficient support and interest exists in a State,'' and inserting the following: ``(2) Lease sale.--If the Secretary finds sufficient support and interest exists in a State and determines that the technology for the development of tar sands and oil shale resources is commercially and technically viable,''; (D) in the third sentence, by striking ``Evidence of'' and inserting the following: ``(3) Evidence of interest.--Evidence of''; and (E) by adding at the end the following: ``(4) Recommendations of states on proposed lease sales and development and production plans.-- ``(A) In general.--Any Governor of an affected State or the executive of any affected local government in the State may submit recommendations to the Secretary regarding the size, timing, or location of a proposed lease sale or with respect to a proposed development and production plan. ``(B) Forwarding local recommendations to governor.--Prior to submitting recommendations to the Secretary, the executive of any affected local government in any affected State shall forward the recommendations of the executive to the Governor of the State. ``(C) Deadline.--The recommendations shall be submitted not later than 60 days after the date of notice of the proposed lease sale or the date of receipt of the development and production plan. ``(D) Approval.--The Secretary shall accept the recommendations of the Governor, and may accept the recommendations of the executive of any affected local government, if the Secretary determines, after having provided an opportunity for consultation, that the recommendations provide for a reasonable balance between the national interest and the well-being of the citizens of the affected State. ``(E) Rationale.--The Secretary shall communicate to the Governor, in writing, the reasons for the determination of the Governor-- ``(i) to accept or reject the recommendations of the Governor; or ``(ii) to implement any alternative means, identified in consultation with the Governor, to provide for a reasonable balance between the national interest and the well-being of the citizens of the affected State. ``(5) Environmental compliance.--An environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be required-- ``(A) prior to any lease sale with respect to the land proposed to be leased under the commercial leasing program established under this subsection; and ``(B) on a site-specific basis prior to the authorization of any development activity on any leased land.''; and (5) in subsection (i)(1)(B) (as redesignated by paragraph (2)), by striking ``subsection (e)'' and inserting ``subsection (g)''.

Oil Shale and Tar Sands Leasing Act of 2008 - Amends the Energy Policy Act of 2005 to direct the Secretary of the Interior to: (1) report to Congress on a commercial leasing program for oil shale and tar sands; and (2) arrange with the National Academy of Sciences to assess for a report to Congress the environmental and commercial framework for oil shale and tar sands development. Authorizes the senior executive of an affected state or local governmental unit to submit recommendations to the Secretary with respect to size, timing, or location of either a proposed lease sale, or a proposed development and production plan. Requires an environmental impact statement prior to: (1) any lease sale under the commercial leasing program under this Act; and (2) authorization, on a site-specific basis, of development activity on leased land.

A bill to amend the Energy Policy Act of 2005 to promote oil shale and tar sands leasing, and for other purposes.

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds and declares the following: (1) The City of Casper, Wyoming, is nationally significant as the only geographic location in the western United States where four congressionally recognized historic trails (the Oregon Trail, the Mormon Trail, the California Trail, and the Pony Express Trail), the Bridger Trail, the Bozeman Trail, and many Indian routes converged. (2) The historic trails that passed through the Casper area are a distinctive part of the national character and possess important historical and cultural values representing themes of migration, settlement, transportation, and commerce that shaped the landscape of the West. (3) The Bureau of Land Management has not yet established a historic trails interpretive center in Wyoming or in any adjacent State to educate and focus national attention on the history of the mid-19th century immigrant trails that crossed public lands in the Intermountain West. (4) At the invitation of the Bureau of Land Management, the City of Casper and the National Historic Trails Foundation, Inc. (a nonprofit corporation established under the laws of the State of Wyoming) entered into a memorandum of understanding in 1992, and have since signed an assistance agreement in 1993 and a cooperative agreement in 1997, to create, manage, and sustain a National Historic Trails Interpretive Center to be located in Casper, Wyoming, to professionally interpret the historic trails in the Casper area for the benefit of the public. (5) The National Historic Trails Interpretive Center authorized by this Act is consistent with the purposes and objectives of the National Trails System Act (16 U.S.C. 1241 et seq.), which directs the Secretary of the Interior to protect, interpret, and manage the remnants of historic trails on public lands. (6) The State of Wyoming effectively joined the partnership to establish the National Historic Trails Interpretive Center through a legislative allocation of supporting funds, and the citizens of the City of Casper have increased local taxes to meet their financial obligations under the assistance agreement and the cooperative agreement referred to in paragraph (4). (7) The National Historic Trails Foundation, Inc. has secured most of the $5,000,000 of non-Federal funding pledged by State and local governments and private interests pursuant to the cooperative agreement referred to in paragraph (4). (8) The Bureau of Land Management has completed the engineering and design phase of the National Historic Trails Interpretive Center, and the National Historic Trails Foundation, Inc. is ready for Federal financial and technical assistance to construct the Center pursuant to the cooperative agreement referred to in paragraph (4). (b) Purposes.--The purposes of this Act are the following: (1) To recognize the importance of the historic trails that passed through the Casper, Wyoming, area as a distinctive aspect of American heritage worthy of interpretation and preservation. (2) To assist the City of Casper, Wyoming, and the National Historic Trails Foundation, Inc. in establishing the National Historic Trails Interpretive Center to memorialize and interpret the significant role of those historic trails in the history of the United States. (3) To highlight and showcase the Bureau of Land Management's stewardship of public lands in Wyoming and the West. SEC. 2. NATIONAL HISTORIC TRAILS INTERPRETIVE CENTER. (a) Establishment.--The Secretary of the Interior, acting through the Director of the Bureau of Land Management (in this section referred to as the ``Secretary''), shall establish in Casper, Wyoming, a center for the interpretation of the historic trails in the vicinity of Casper, including the Oregon Trail, the Mormon Trail, the California Trail, and the Pony Express Trail, the Bridger Trail, the Bozeman Trail, and various Indian routes. The Center shall be known as the National Historic Trails Interpretive Center (in this section referred to as the ``Center''). (b) Facilities.--The Secretary, subject to the availability of appropriations, shall construct, operate, and maintain facilities for the Center-- (1) on land provided by the City of Casper, Wyoming; (2) in cooperation with the City of Casper and the National Historic Trails Interpretive Center Foundation, Inc. (a nonprofit corporation established under the laws of the State of Wyoming); and (3) in accordance with-- (A) the Memorandum of Understanding entered into on March 4, 1993, by the city, the foundation, and the Wyoming State Director of the Bureau of Land Management; and (B) the cooperative agreement between the foundation and the Wyoming State Director of the Bureau of Land Management, numbered K910A970020. (c) Donations.--Notwithstanding any other provision of law, the Secretary may accept, retain, and expend donations of funds, property, or services from individuals, foundations, corporations, or public entities for the purpose of development and operation of the Center. (d) Entrance Fee.--Notwithstanding section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a), the Secretary may-- (1) collect an entrance fee from visitors to the Center; and (2) use amounts received by the United States from that fee for expenses of operation of the Center. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $5,000,000 to carry out this section. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the Secretary of the Interior: (1) acting through the Director of the Bureau of Land Management, to establish the National Historic Trails Interpretive Center in Casper, Wyoming, for the interpretation of the historic trails in the vicinity of Casper, including the Oregon Trail, the Mormon Trail, the California Trail, the Pony Express Trail, the Bridger Trail, the Bozeman Trail, and various Indian routes; and (2) to construct, operate, and maintain facilities for the Center. Allows the Secretary to: (1) accept and expend donations of funds, property, or services from individuals, foundations, corporations, or public entities for the Center's development and operation; (2) collect an entrance fee from visitors to the Center; and (3) use such fees for the Center's operating expenses. Authorizes appropriations.

To authorize the Secretary of the Interior to provide assistance to the National Historic Trails Interpretive Center in Casper, Wyoming.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Administration Preparedness Act of 2000''. SEC. 2. ADMINISTRATIVE EXPENSES OF THE SOCIAL SECURITY ADMINISTRATION. (a) Limitations on Authorization of Administrative Expenses.-- (1) In general.--Section 201(g)(1)(A) of the Social Security Act (42 U.S.C. 401(g)(1)(A)) is amended by striking ``Of the amounts authorized'' and all that follows and inserting the following: ``The amounts authorized to be made available out of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under the preceding sentence for fiscal year 2001 shall be $7,500,000,000, and the amounts so authorized for fiscal year 2002 shall be $8,450,000,000.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to fiscal years after fiscal year 2000. (b) Reports.--Section 201(g)(1) of such Act is amended further by redesignating subparagraphs (B), (C), and (D) as subparagraphs (E), (F), and (G), respectively, and by inserting after subparagraph (A) the following new subparagraphs: ``(B) Each program performance report submitted by the Commissioner of Social Security pursuant to section 1116 of title 31, United States Code, shall include documentation of the manner in which and the extent to which funds which have been appropriated for the current fiscal year pursuant to subparagraph (A) have been and will be used, and the manner in which and the extent to which funds which are to be appropriated for the following fiscal year pursuant to subparagraph (A) would be used, to effectively-- ``(i) carry out the mission of the Social Security Administration (other than the mission of the Office of the Inspector General), ``(ii) meet specific levels of performance that the Administration has committed to achieve through such plans, ``(iii) achieve modern, customer responsive service, and ``(iv) protect the integrity of the programs administered by the Commissioner under this Act through exemplary stewardship. The Commissioner shall ensure that a copy of each such plan is submitted to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate. ``(C)(i) The Inspector General of the Social Security Administration shall prepare for the Office of the Inspector General for each fiscal year-- ``(I) an annual performance plan with respect to the activities of the Office, and ``(II) a report on the program performance of the Office in relation to such plan. The Inspector General shall submit the report on program performance for each fiscal year to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate not later than the time required for the submission of the program performance report of the Social Security Administration for such fiscal year. ``(ii) Each program performance report by the Office of the Inspector General shall include documentation by the Inspector General of the manner in which and the extent to which funds which have been appropriated for the current fiscal year pursuant to subparagraph (A) have been and will be used, and the manner in which and the extent to which funds which are to be appropriated for the following fiscal year pursuant to subparagraph (A) would be used, to effectively-- ``(I) carry out the mission of the Office of the Inspector General, and ``(II) meet specific levels of performance that the Inspector General has committed to achieve through the performance plans prepared by the Inspector General. ``(D) Not later than 90 days after the latest date for the annual submission by the President to the Congress of the budget of the United States Government, the Comptroller General of the United States shall submit a report to the President and to the Congress, including submissions to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate, detailing the Comptroller General's assessment of the degree to which the Social Security Administration is meeting its established performance goals, along with such recommendations for improvements in the performance of the Social Security Administration as the Comptroller General considers appropriate.''. (c) Establishment and Maintenance of Advanced Technology System.-- Section 201(g)(1) of such Act (as amended by the preceding provisions of this section) is amended further by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E)(i) The Commissioner of Social Security shall establish and maintain an advanced, proven technology system sufficient to meet the increasing future demands of the programs administered by the Social Security Administration. The Commissioner shall establish in the Administration a technical panel of leading information technology experts to assist the Commissioner in establishing such system. ``(ii)(I) Not later than the latest date for submission of the President's budget for fiscal year 2002, and such date biennially thereafter, the Commissioner of Social Security shall submit a comprehensive information technology investment plan to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate. Such plan shall include a description of progress made by the Social Security Administration as of the date of the submission of the report in carrying out the requirements of clause (i). Such plan may be prepared as a portion of the program performance report submitted by the Commissioner of Social Security pursuant to section 1116 of title 31, United States Code. ``(II) Each plan prepared pursuant to subclause (I) shall set forth specific performance goals and, in relation to such goals, information regarding project costs, benefits, risks, and returns. Such plan shall also set forth a defined process for measuring performance in achieving such goals. ``(iii) Not later than 90 days after the date of the submission by the Commissioner of each plan as required by clause (i), the Comptroller General of the United States shall submit a report to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate detailing the Comptroller General's assessment of the plan, together with such recommendations as the Comptroller General considers appropriate.''. (d) Conforming Amendments.--Section 201(g)(1) of such Act is amended further-- (1) in subparagraph (G) (as redesignated by the preceding provisions of this section), by striking ``subparagraph (B)'' and inserting ``subparagraph (F)''; and (2) in subparagraph (H) (as redesignated by the preceding provisions of this section), by striking ``subparagraph (B)(i)'' and inserting ``subparagraph (F)(i)''. SEC. 3. LIMITATION OF SOCIAL SECURITY ADMINISTRATIVE EXPENSES. (a) Adjustment to Discretionary Spending Limits.--Section 251(b)(2)(C) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(C)) is amended to read as follows: ``(C) Social security administrative expenses.--(i) If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for administrative expenses of the Social Security Administration, the adjustments for that fiscal year shall be the new budget authority provided in that Act for such purpose for that fiscal year and the outlays flowing from such amounts, but shall not exceed-- ``(I) for fiscal year 2001, $7,500,000,000 in new budget authority and $7,407,000,000 in outlays; and ``(II) for fiscal year 2002, $8,450,000,000 in new budget authority and $8,352,000,000 in outlays. ``(ii) As used in this subparagraph, the term `administrative expenses of the Social Security Administration' refers to the following budget accounts: ``(I) 20-8007-0-7-651 (Limitations on Administrative Expenses), including expenses for information technology acquisition for the Social Security Administration, and ``(II) 28-0400-0-1-651 (Office of Inspector General).''. (b) Budget Allocation Adjustment by Budget Committees.--Section 314(b)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 645(b)(2)) is amended to read as follows: ``(2) an amount provided for administrative expenses of the Social Security Administration subject to the limitations in section 251(b)(2)(C) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (c) Definition of Administrative Expenses of the Social Security Administration.--Section 314(e) of the Congressional Budget Act of 1974 (2 U.S.C. 645(e)) is amended to read as follows: ``(e) Definition of Administrative Expenses of the Social Security Administration.--As used in subsection (b)(2), the term `administrative expenses of the Social Security Administration' shall have the same meaning as provided in section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. SEC. 4. OFF-BUDGET STATUS OF SOCIAL SECURITY ADMINISTRATIVE EXPENSES. Section 704(b) of the Social Security Act (42 U.S.C. 904(b)) is amended by adding at the end the following new paragraph: ``(3) Effective October 1, 2002, and notwithstanding any other provision of law, the administrative expenses of the Social Security Administration referred to in the fourth sentence of section 201(g)(1)(A) shall not be counted as new budget authority, outlays, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President, (B) the congressional budget, or (C) the Balanced Budget and Emergency Deficit Control Act of 1985.''.

Amends the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974 to prescribe additional limits for adjustments to discretionary spending limits for FY 2201 and 2002 Social Security administrative expenses. Amends SSA title VII (Administration) to make Social Security administrative expenses off-budget.

Social Security Administration Preparedness Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Winding Down ObamaCare Act''. SEC. 2. TRANSITIONAL COVERAGE. Part C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-91 et seq.) is amended-- (1) by redesignating the second section 2794 (relating to uniform fraud and abuse referral format) as section 2795; and (2) by adding at the end the following: ``SEC. 2796. COBRA-LIKE TRANSITIONAL COVERAGE. ``(a) Plans Must Provide Continuation Coverage.-- ``(1) In general.--A health insurance issuer shall provide, in accordance with this section, that each enrollee in a qualified health plan who would lose coverage under the plan, or who would no longer be eligible for a tax credit under section 36B of the Internal Revenue Code of 1986, as a result of a qualifying event is entitled, under the plan, to elect, within the election period, continuation coverage under the plan. ``(2) Coverage.--For purposes of this section, the term `continuation coverage' means coverage that meets the following requirements: ``(A) Type of coverage.--The coverage must consist of that coverage which the enrollee was enrolled in at the time of the qualifying event, except that if such coverage is later modified under the plan for any group of similarly situated enrollees, such coverage shall also be modified in the same manner for all individuals to which this section applies. ``(B) Premium requirement.--The health insurance issuer may require payment of a premium for such coverage for any period of the continuation coverage, except that such premium-- ``(i) shall not exceed 100 percent of the premium amount applicable for the qualified health plan involved on the day before the qualifying event; ``(ii) shall not increase at any time during the period of continuation coverage; and ``(iii) may, at the election of the enrollee, be paid in monthly installments. ``(b) Qualifying Event.--For purposes of this section, the term `qualifying event' means, with respect to any enrollee in a qualified health plan, a determination by the Supreme Court of the United States in the case of King v. Burwell (2015) that would result in-- ``(1) the enrollee losing coverage under the plan; or ``(2) making the enrollee ineligible to receive a tax credit under section 36B of the Internal Revenue Code of 1986 with respect to such plan. ``(c) Coverage Period.-- ``(1) In general.--Except as provided in paragraph (2), the continuation coverage provided for under this section shall extend for at least the period beginning on the date of the qualifying event and ending: ``(A) The date that is 18 months after the date of the qualifying event. ``(2) Termination.--Notwithstanding paragraph (1), the continuation coverage provided for under this section shall terminate with respect to an enrollee on-- ``(A) the date on which the issuer ceases to provide any qualified health plans to individuals (if any); and ``(B) the date on which coverage ceases under the plan by reason of a failure to make timely payment of any premium required under the plan with respect to the enrollee. ``(d) Election Period.--For purposes of this section, the term `election period' means the period which-- ``(1) begins on the date on which the qualifying event occurs; and ``(2) ends 60 days after such date. ``(e) Notice.--The Secretary shall ensure that-- ``(1) a health insurance issuer shall provide, not later than 10 days after the date of a qualifying event, written notice to each enrollee in a qualified health plan of the rights provided under this section and the deadlines for exercising such rights, including a statement that any continuation coverage under this section shall expire as provided for in subsection (c); and ``(2) each enrollee in a qualified health plan is responsible for notifying the health insurance issuer involved, within 45 days of receiving the notice under paragraph (1), of the intent of the enrollee to exercise the rights provided to the enrollee under this section.''. SEC. 3. PREVENTING BUREAUCRATIC WORKAROUNDS. (a) In General.--The Secretary of Health and Human Services shall not enter into a new contract with a State to make available to the State technology that is otherwise utilized as part of the Federal health insurance exchange established under section 1321 of the Patient Protection and Affordable Care Act (42 U.S.C. 18041). (b) Rule of Construction.--Nothing in subsection (a) shall be construed to prohibit a State from establishing a State-based Exchange. SEC. 4. TRANSITIONAL FINANCIAL ASSISTANCE. (a) Allowance of Tax Credit.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: ``SEC. 36C. CREDIT FOR TRANSITIONAL COVERAGE. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to the applicable percentage of the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under continuation coverage for eligible coverage months beginning in the taxable year. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is 65 percent reduced by 5 percentage points for each coverage month for which a credit is allowable to the taxpayer under this section after the sixth such coverage month. ``(c) Eligible Individual.--For purposes of this section-- ``(1) In general.--The term `eligible individual' means any individual who elects to retain continuation of coverage under section 2796 of the Public Health Service Act. ``(2) Identification requirements.--The term `eligible individual' shall not include any individual for any month unless the policy number associated with the qualified health insurance and the TIN of each eligible individual covered under such health insurance for such month are included on the return of tax for the taxable year in which such month occurs. ``(d) Coverage Month.--For purposes of this section-- ``(1) In general.--The term `coverage month' means any month if as of the first date of such month the taxpayer is an eligible individual who does not have other specified coverage. ``(2) Other specified coverage.--For purposes of paragraph (1), an individual has other specified coverage for any month if, as of the first day of such month if such individual-- ``(A) is covered under employer-provided health insurance, ``(B) is entitled to benefits under part A of title XVIII of the Social Security Act or is enrolled under part B of such title, ``(C) is enrolled under the program under title XIX or XXI of such Act (other than under section 1928 of such Act), or ``(D) is entitled to benefits under chapter 55 of title 10, United States Code. ``(e) Other Definitions.--For purposes of this section-- ``(1) Continuation coverage.--The term `continuation coverage' means coverage described in section 2796(a)(2) of the Public Health Service Act. ``(2) Qualifying family member.--The term `qualifying family member' has the meaning given such term under section 35(d). ``(f) Special Rules.-- ``(1) Limitation on amount of credit.--With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7527A for months beginning in such taxable year. ``(2) 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 credit under this chapter or as a deduction under section 213(a). ``(3) Denial of credit to dependents.--No credit 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. ``(4) Married couples must file joint return.-- ``(A) In general.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(B) Marital status; certain married individuals living apart.--Rules similar to the rules of paragraphs (3) and (4) of section 21(e) shall apply for purposes of this paragraph. ``(5) Verification of coverage, etc.--The Secretary shall ensure that procedures are in place to ensure that the coverage eligibility of the individual is verified. ``(6) Insurance which covers other individuals; treatment of payments; etc..--Rules similar to the rules of paragraphs (7) and (8) of section 35(g) shall apply for purposes of this section.''. (b) Advance Payment of Credit.--Chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after section 7527 the following new section: ``SEC. 7527A. ADVANCE PAYMENT OF TRANSITIONAL CONTINUATION COVERAGE CREDIT. ``(a) In General.--The Secretary shall establish a program for making payments on behalf of taxpayers who are eligible individuals within the meaning of section 36C(c) to providers of continuation coverage (as defined in section 36C(e)(1)) for such individuals. ``(b) Limitation.--The Secretary may make payments under subsection (a) only to the extent that the Secretary determines that the amount of such payments made on behalf of any taxpayer for any month does not exceed the applicable percentage under section 36C(b) for the taxpayer for such month.''. (c) Information Reporting.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6050W the following new section: ``SEC. 6050X. RETURNS RELATING TO CONTINUATION COVERAGE CREDIT. ``(a) Requirement of Reporting.--Every person who is entitled to receive payments for any month of any calendar year under section 7527A with respect to any individual shall make the return described in subsection (b) with respect to each such individual. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains, with respect to each individual referred to in subsection (a)-- ``(A) the name, address, and TIN of each such individual, ``(B) the months for which amounts payments under section 7527A were received, ``(C) the amount of each such payment, ``(D) the type of insurance coverage provided by such person with respect to such individual and the policy number associated with such coverage, if applicable, ``(E) the name, address, and TIN of the spouse and each dependent covered under such coverage, and ``(F) such other information as the Secretary may prescribe. ``(c) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and ``(2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.''. (2) Assessable penalties.-- (A) Subparagraph (B) of section 6724(d)(1) of such Code is amended by striking ``or'' at the end of clause (xxiv), by striking ``and'' at the end of clause (xxv) and inserting ``or'', and by inserting after clause (xxiii) the following new clause: ``(xxvii) section 6050X (relating to returns relating to qualified health insurance credit), and''. (B) Paragraph (2) of section 6724(d) of such Code is amended by striking ``or'' at the end of subparagraph (GG), by striking the period at the end of subparagraph (HH) and inserting ``, or'', and by inserting after subparagraph (HH) the following new subparagraph: ``(II) section 6050X (relating to returns relating to qualified health insurance credit).''. (d) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Credit for continuation coverage under a qualified health plan.''. (3) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527 the following new item: ``Sec. 7527A. Advance payment of continuation coverage credit.''. (4) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050X. Returns relating to continuation coverage credit.''. (e) Effective Date.--The amendments made by this section shall apply to coverage months beginning after the date of a qualifying event determined under section 2796(b) of the Public Health Service Act (as added by section 2) with respect to the individual. SEC. 5. STOPPING BUREAUCRATS FROM SPENDING TAXPAYER DOLLARS. (a) In General.--Section 1115 of the Social Security Act (42 U.S.C. 1315) is amended by adding at the end the following: ``(g) No experimental, pilot, or demonstration project undertaken under subsection (a) to promote the objectives of title XIX shall be approved, renewed, or extended unless-- ``(1) the Secretary establishes spending limits for the project (which may be annual per population-based limits, aggregate limits (annual or for the waiver period), or a combination thereof) only by applying benchmark growth rates that are determined based on the average of the most recent estimates of nationwide Medicaid beneficiary costs and enrollment growth produced by the Director of the Congressional Budget Office and the Director of the Office of Management and Budget, respectively; and ``(2) the establishment and application of such spending limits to the project and the estimated savings resulting from the project are reviewed and certified by an individual who is a member of the American Academy of Actuaries or the Society of Actuaries, using generally accepted actuarial principles and methodologies, and who is not a Federal officer or employee.''. (b) Effective Date.--The amendment made by subsection (a) takes effect on the date of enactment of this Act and applies to Medicaid waivers approved, renewed, or extended under section 1115 of the Social Security Act (42 U.S.C. 1315) after that date.

Winding Down ObamaCare Act This bill amends the Public Health Service Act to require health insurers to offer at least 18 months of continuation coverage to enrollees who lose their health insurance coverage or federal premium assistance as a result of the Supreme Court's decision in King v. Burwell. Continuation coverage must be the same as an enrollee's coverage at the time of the decision, unless the health insurer modifies coverage for all similar enrollees. Individuals must elect continuation coverage within 60 days of the decision. Health insurers cannot raise premiums during the period of continuation coverage. The Department of Health and Human Services (HHS) cannot enter into a new contract with a state to provide the state with technology from the federal health insurance exchange. This bill amends the Internal Revenue Code to establish a new tax credit for individuals with continuation coverage that is equal to 65% of the amount paid for continuation coverage, with the percentage decreasing by 5% each month after six months. The Department of the Treasury must pay advance payments on the tax credit. This bill amends title XIX (Medicaid) of the Social Security Act to prohibit HHS from waiving state Medicaid plan requirements in order to allow a state to undertake a demonstration project unless HHS establishes project spending limits that are reviewed by actuaries.

Winding Down ObamaCare Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rio Grande Natural Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Rio Grande Natural Area Commission established by section 4(a). (2) Natural Area.--The term ``Natural Area'' means the Rio Grande Natural Area established by section 3(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. ESTABLISHMENT OF RIO GRANDE NATURAL AREA. (a) In General.--There is established the Rio Grande Natural Area in the State of Colorado to conserve, restore, and protect the natural, historic, cultural, scientific, scenic, wildlife, and recreational resources of the Natural Area. (b) Boundaries.--The Natural Area shall include the Rio Grande River from the southern boundary of the Alamosa National Wildlife Refuge to the New Mexico State border, extending \1/4\ mile on either side of the bank of the River. (c) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Natural Area. (2) Effect.--The map and legal description of the Natural Area shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the map and legal description. (3) Public availability.--The map and legal description of the Natural Area shall be available for public inspection in the appropriate offices of the Bureau of Land Management. SEC. 4. ESTABLISHMENT OF THE COMMISSION. (a) Establishment.--There is established the Rio Grande Natural Area Commission. (b) Purpose.--The Commission shall-- (1) advise the Secretary with respect to the Natural Area; and (2) prepare a management plan relating to non-Federal land in the Natural Area under section 6(b)(2)(A). (c) Membership.--The Commission shall be composed of 9 members appointed by the Secretary, of whom-- (1) 1 member shall represent the Colorado State Director of the Bureau of Land Management; (2) 1 member shall be the manager of the Alamosa National Wildlife Refuge, ex officio; (3) 3 members shall be appointed based on the recommendation of the Governor of Colorado, of whom-- (A) 1 member shall represent the Colorado Division of Wildlife; (B) 1 member shall represent the Colorado Division of Water Resources; and (C) 1 member shall represent the Rio Grande Water Conservation District; and (4) 4 members shall-- (A) represent the general public; (B) be citizens of the local region in which the Natural Area is established; and (C) have knowledge and experience in the fields of interest relating to the preservation, restoration, and use of the Natural Area. (d) Terms of Office.-- (1) In general.--Except for the manager of the Alamosa National Wildlife Refuge, the term of office of a member of the Commission shall be 5 years. (2) Reappointment.--A member may be reappointed to the Commission on completion of the term of office of the member. (e) Compensation.--A member of the Commission shall serve without compensation for service on the Commission. (f) Chairperson.--The Commission shall elect a chairperson of the Commission. (g) Meetings.-- (1) In general.--The Commission shall meet at least quarterly at the call of the chairperson. (2) Public meetings.--A meeting of the Commission shall be open to the public. (3) Notice.--Notice of any meeting of the Commission shall be published in advance of the meeting. (h) Technical Assistance.--The Secretary and the heads of other Federal agencies shall, to the maximum extent practicable, provide any information and technical services requested by the Commission to assist in carrying out the duties of the Commission. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Cooperative Agreements.-- (1) In general.--For purposes of carrying out the management plan on non-Federal land in the Natural Area, the Commission may enter into a cooperative agreement with the State of Colorado, a political subdivision of the State, or any person. (2) Requirements.--A cooperative agreement entered into under paragraph (1) shall establish procedures for providing notice to the Commission of any action proposed by the State of Colorado, a political subdivision of the State, or any person that may affect the implementation of the management plan on non-Federal land in the Natural Area. (3) Effect.--A cooperative agreement entered into under paragraph (1) shall not enlarge or diminish any right or duty of a Federal agency under Federal law. (c) Prohibition of Acquisition of Real Property.--The Commission may not acquire any real property or interest in real property. (d) Implementation of Management Plan.-- (1) In general.--The Commission shall assist the Secretary in implementing the management plan by carrying out the activities described in paragraph (2) to preserve and interpret the natural, historic, cultural, scientific, scenic, wildlife, and recreational resources of the Natural Area. (2) Authorized activities.--In assisting with the implementation of the management plan under paragraph (1), the Commission may-- (A) assist the State of Colorado in preserving State land and wildlife within the Natural Area; (B) assist the State of Colorado and political subdivisions of the State in increasing public awareness of, and appreciation for, the natural, historic, scientific, scenic, wildlife, and recreational resources in the Natural Area; (C) encourage political subdivisions of the State of Colorado to adopt and implement land use policies that are consistent with-- (i) the management of the Natural Area; and (ii) the management plan; and (D) encourage and assist private landowners in the Natural Area in the implementation of the management plan. SEC. 6. MANAGEMENT PLAN. (a) In General.--Not later than 4 years after the date of enactment of this Act, the Secretary and the Commission, in coordination with appropriate agencies in the State of Colorado, political subdivisions of the State, and private landowners in the Natural Area, shall prepare management plans for the Natural Area as provided in subsection (b). (b) Duties of Secretary and Commission.-- (1) Secretary.--The Secretary shall prepare a management plan relating to the management of Federal land in the Natural Area. (2) Commission.-- (A) In general.--The Commission shall prepare a management plan relating to the management of the non-Federal land in the Natural Area. (B) Approval or disapproval.-- (i) In general.--The Commission shall submit to the Secretary the management plan prepared under subparagraph (A) for approval or disapproval. (ii) Action following disapproval.--If the Secretary disapproves the management plan submitted under clause (i), the Secretary shall-- (I) notify the Commission of the reasons for the disapproval; and (II) allow the Commission to submit to the Secretary revisions to the management plan submitted under clause (i). (3) Cooperation.--The Secretary and the Commission shall cooperate to ensure that the management plans relating to the management of Federal land and non-Federal land are consistent. (c) Requirements.--The management plans shall-- (1) take into consideration Federal, State, and local plans in existence on the date of enactment of this Act to present a unified preservation, restoration, and conservation plan for the Natural Area; (2) with respect to Federal land in the Natural Area-- (A) be developed in accordance with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); (B) be consistent, to the maximum extent practicable, with the management plans adopted by the Director of the Bureau of Land Management for land adjacent to the Natural Area; and (C) be considered to be an amendment to the San Luis Resource Management Plan of the Bureau of Land Management; and (3) include-- (A) an inventory of the resources contained in the Natural Area (including a list of property in the Natural Area that should be preserved, restored, managed, developed, maintained, or acquired to further the purposes of the Natural Area); and (B) a recommendation of policies for resource management, including the use of intergovernmental cooperative agreements, that-- (i) protect the resources of the Natural Area; and (ii) provide for solitude, quiet use, and pristine natural values of the Natural Area. (d) Publication.--The Secretary shall publish notice of the management plans in the Federal Register. SEC. 7. ADMINISTRATION OF NATURAL AREA. (a) In General.--The Secretary shall administer the Federal land in the Natural Area-- (1) in accordance with-- (A) the laws (including regulations) applicable to public land; and (B) the management plan; and (2) in a manner that provides for-- (A) the conservation, restoration, and protection of the natural, historic, scientific, scenic, wildlife, and recreational resources of the Natural Area; (B) the continued use of the Natural Area for purposes of education, scientific study, and limited public recreation in a manner that does not substantially impair the purposes for which the Natural Area is established; (C) the protection of the wildlife habitat of the Natural Area; (D) a prohibition on the construction of water storage facilities in the Natural Area; and (E) the reduction in the use of or removal of roads in the Natural Area and, to the maximum extent practicable, the reduction in or prohibition against the use of motorized vehicles in the Natural Area (including the removal of roads and a prohibition against motorized use on Federal land in the area on the western side of the Rio Grande River from Lobatos Bridge south to the New Mexico State line). (b) Changes in Streamflow.--The Secretary is encouraged to negotiate with the State of Colorado, the Rio Grande Water Conservation District, and affected water users in the State to determine if changes in the streamflow that are beneficial to the Natural Area may be accommodated. (c) Private Land.--The management plan prepared under section 6(b)(2)(A) shall apply to private land in the Natural Area only to the extent that the private landowner agrees in writing to be bound by the management plan. (d) Withdrawal.--Subject to valid existing rights, all Federal land in the Natural Area is withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing laws (including geothermal leasing laws). (e) Acquisition of Land.-- (1) In general.--The Secretary may acquire from willing sellers by purchase, exchange, or donation land or an interest in land in the Natural Area. (2) Administration.--Any land or interest in land acquired under paragraph (1) shall be administered in accordance with the management plan and this Act. (f) Applicable Law.--Section 5(d)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(d)(1)) shall not apply to the Natural Area. SEC. 8. EFFECT. Nothing in this Act-- (1) amends, modifies, or is in conflict with the Rio Grande Compact, consented to by Congress in the Act of May 31, 1939 (53 Stat. 785, ch. 155); (2) authorizes the regulation of private land in the Natural Area; (3) authorizes the imposition of any mandatory streamflow requirements; (4) creates an express or implied Federal reserved water right; (5) imposes any Federal water quality standard within or upstream of the Natural Area that is more restrictive than would be applicable had the Natural Area not been established; or (6) prevents the State of Colorado from acquiring an instream flow through the Natural Area under the terms, conditions, and limitations of State law to assist in protecting the natural environment to the extent and for the purposes authorized by State law. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. SEC. 10. TERMINATION OF COMMISSION. The Commission shall terminate on the date that is 10 years after the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Rio Grande Natural Area Act - (Sec. 3) Establishes the Rio Grande Natural Area in Colorado (which shall include the Rio Grande River from the southern boundary of the Alamosa National Wildlife Refuge to the New Mexico State border, extending 1/4 mile on either side of the bank of the River) to conserve, restore, and protect the natural, historic, cultural, scientific, scenic, wildlife, and recreational resources of the Area. (Sec. 4) Establishes the Rio Grande Natural Area Commission to: (1) advise the Secretary of the Interior with respect to the Area; and (2) prepare a management plan relating to nonfederal land in the Area. (Sec. 5) Sets forth provisions governing the powers of the Commission, including authorizing the Commission to enter into cooperative agreements for purposes of carrying out such management plan on nonfederal land in the Area. Prohibits the Commission from acquiring any real property or interest in real property. Directs the Commission to assist the Secretary in implementing such management plan by carrying out authorized activities to preserve and interpret the Area's natural, historic, cultural, scientific, scenic, wildlife, and recreational resources. (Sec. 6) Directs the Secretary to prepare a management plan for Federal land in the Area. Requires the Commission to submit its management plan for the management of the nonfederal land in the Area to the Secretary for approval or disapproval. (Sec. 7) Requires the Secretary to administer the Federal land in the Area in accordance with the laws applicable to public land and the management plan in a manner that provides for: (1) education, scientific study, and limited public recreation; (2) the protection of the wildlife habitat; (3) a prohibition on the construction of water storage facilities; and (4) the reduction in the use or removal of roads in the Area. Encourages the Secretary to negotiate with the State, the Rio Grande Water Conservation District, and affected water users concerning changes in the streamflow. Applies the management plan for the nonfederal land to private land in the Area only if the private landowner agrees to be bound by such plan. Permits the Secretary to acquire land or an interest in land within the Area from willing sellers. Makes inapplicable Wild and Scenic Rivers Act requirements that Federal agencies consider potential national wild, scenic, and recreational river areas in water and land use planning. (Sec. 8) Prohibits anything in this Act from: (1) modifying the Rio Grande Compact; (2) regulating private land; (3) imposing any mandatory streamflow requirements; (4) creating an express or implied Federal reserved water right; (5) imposing more restrictive Federal water quality standards; or (6) preventing State acquisition of an instream flow to assist in protecting the natural environment. (Sec. 9) Authorizes appropriations. (Sec. 10) Terminates the Commission ten years after the enactment of this Act.

A bill to establish the Rio Grande Natural Area in the State of Colorado, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Residential Windstorm Insurance Plan Act of 1996''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) since the devastation of Hurricane Hugo on September 17, 1989, insurance against windstorm damage has been difficult to obtain at reasonable premium rates for many residents of the United States; (2) an unusual number of other catastrophic events, such as Hurricane Andrew in Florida, Hurricane Iniki in Hawaii, the Northridge earthquake, and more recently, Hurricanes Bertha and Fran in Gulf and Atlantic Coast States, Puerto Rico, and the Virgin Islands, have nearly collapsed the worldwide reinsurance market, seriously limiting the ability of local insurance companies to meet existing demands for continued coverage, much less expand their capacity for additional coverage; (3) major hurricanes and earthquakes pose substantial long- term consequences for the country; (4) the National Hurricane Center reports that 60 percent of the United States population live in coastal States or regions subject to natural disasters, such as hurricanes and earthquakes; (5) private sector insurance protection against property damages caused by the peril of wind is generally excluded under standard homeowners insurance policies sold in 7 States along the Gulf and Atlantic Coast States, the Virgin Islands, and Puerto Rico, and property and casualty insurers are withdrawing underwriting capacity from the market by refusing to issue new policies or renew existing policies, or by increasing premiums to unaffordable levels; and (6) new and innovative programs are required to provide a limited program of property insurance protection from windstorm. SEC. 3. RESIDENTIAL WINDSTORM INSURANCE PROGRAM. (a) In General.--The Director of the Federal Emergency Management Agency (hereinafter in this Act referred to as the ``Director'') shall study the advisability and feasibility of establishing a Residential Windstorm Insurance Program designed to provide windstorm insurance to residential property owners unable to obtain coverage in the private market. (b) Purpose of Program.--The Residential Windstorm Insurance Program shall-- (1) amend the ``Write Your Own'' Program under the National Flood Insurance Program to explicitly provide insurance protection against the windstorm peril; (2) allow residents in wind-exposed localities across America and United States territories to purchase federally subsidized insurance to supplement standard homeowners insurance policies sold by private insurers; (3) provide windstorm insurance protection only to residents in communities that have adopted and enforced the land use and flood plain management provisions of the National Flood Insurance Program; (4) encourage the private insurance industry to sell, service, and adjust Federal windstorm insurance claims under their own corporate name under a nonrisk bearing arrangement with the Federal Insurance Administration; and (5) outline requirements under which the private sector, including insurance companies, banks, and other financial sector firms, could become involved in the Residential Windstorm Insurance Program. (c) Contents.--The Residential Windstorm Insurance Program required under subsection (a) shall be designed-- (1) to supplement Federal disaster relief and emergency assistance provided pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other laws for damage and loss caused by hurricanes; (2) to make affordable insurance coverage available to protect against losses resulting from physical damage to, or loss of, residential structures arising from the wind peril; (3) to provide such insurance coverage for residential structures through a program that provides-- (A) insurance coverage for wind damage caused by hurricanes, but not for water damage arising from any such wind peril; (B) insurance coverage at premium rates affordable to homeowners in areas at risk for such wind damage; (C) appropriate building and structural requirements and other wind damage mitigation measures; and (D) schedules of the amount of coverage available for various residential structures; (4) to provide incentives for private property and casualty insurers to reenter markets from which they have previously withdrawn; and (5) to provide incentives for other private financial sector companies to enter the market for hazard insurance. (d) Considerations.--The Residential Windstorm Insurance Program required under subsection (a) shall-- (1) provide for participation of the private insurance industry in carrying out the program; (2) define-- (A) the areas in which such coverage is made available by establishing requirements for the eligibility or participation of communities; and (B) the types of residential properties for which such coverage is made available; (3) establish premium rates for coverage that are actuarially based on the risk of wind-caused damage or subsidized premium rates that are less than such actuarially based rates; and (4) provide community-based mitigation and other initiatives for participation in the Program. (e) Consultation.--In developing the program required under subsection (a), the Director shall consult with-- (1) the heads of any Federal agencies authorized to provide disaster relief; (2) the chief executive officers of the States and territories of the United States, that suffered significant losses caused by windstorms occurring after the beginning of 1989; and (3) insurance and reinsurance companies, insurance trade associations, consumer advocacy groups, and taxpayer groups in developing actuarial rates and underwriting guidelines used to cover damages to property caused by the hurricane peril. (f) Completion of Study.--Not later than the last day of the 180- day period beginning on the date of the enactment of this Act, the Director shall submit to the Committee on Transportation and Infrastructure and the Committee on Banking and Financial Services of the House of Representatives and to the Committee on Environment and Public Works and the Committee on Banking, Housing, and Urban Affairs of the Senate a study containing-- (1) the written plan required under subsection (a); (2) a statement of the amount of disaster assistance provided pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other Acts during each of fiscal years 1989 through 1996 for property damage caused by winds from hurricanes, tornadoes, and other windstorms to residential properties, business properties, agricultural properties, properties owned by private nonprofit organizations, and public infrastructure facilities and properties owned by State and local governments; (3) an estimate of the cost to the Federal Government of carrying out the Residential Windstorm Insurance Program under the plan, by making coverage available only for residential structures; (4) an estimate of the cost to the Federal Government of carrying out the Residential Windstorm Insurance Program under the plan, by making coverage available for residential structures and for public infrastructure and properties owned by State and local governments, other residential properties, business properties, agricultural properties, and properties owned by private nonprofit organizations; (5) an estimate of the effects that implementing the national windstorm insurance program would have on the amount of disaster assistance provided by the Federal Government; (6) an estimate of the effects that implementing the national windstorm insurance program would have on the private insurance industry and the availability of residential and other property insurance and insurance against windstorm damage; (7) a description of any amendments to the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other laws relating to disaster assistance that would be necessary or appropriate in the event of the implementation of the Residential Windstorm Insurance Program; and (8) any other information that the Director considers appropriate. SEC. 4. EARTHQUAKE INSURANCE STUDY. (a) In General.--The Director shall enter into an arrangement with the National Academy of Sciences to conduct a study on the advisability and feasibility of establishing a Federal earthquake insurance program modeled after the ``Write Your Own'' Program under the National Flood Insurance Program. (b) National Academy of Sciences.--The study described in subsection (c) shall be performed by a panel of recognized experts appointed by the National Academy of Sciences. The experts shall include representatives of building contractors, real estate interests, consumer advocacy groups, taxpayer groups, lending institutions, private insurers and reinsurers, the model building code organizations, local government zoning and land use planning bodies, and other experts deemed relevant by the National Academy of Sciences. (c) Completion of Study.--The results of the study described in subsection (c), with any recommendations, shall be transmitted by the National Academy of Sciences to the Director and Congress not later than 18 months after the date of the enactment of this Act. SEC. 5. STUDY ON TAX TREATMENT OF CATASTROPHIC RESERVES. (a) Joint Study.--The Comptroller General of the United States, the Secretary of the Treasury, and the Secretary of Commerce shall conduct a joint study to evaluate the public policy issues associated with conferring favorable Federal tax treatment to multiyear insurance reserves set aside by private insurers for future catastrophic natural disasters. (b) Factors To Be Studied.--The study described in subsection (a) shall evaluate the likelihood and magnitude of the following public policy objectives: (1) The increased financial capacity of private insurers to respond to future natural disasters. (2) The enhanced financial ability of private insurers to continue providing property coverages following catastrophic natural disasters. (3) The overall benefit to the competitiveness of United States business and private insurers in the worldwide economy. (4) The short- and long-term revenue impact on the United States Treasury. (c) Limitations.--The study of the favorable tax treatment of catastrophic reserves shall be limited as follows: (1) The study will not be limited to private insurer reserve funds but will also assess the ability of the Federal and State governments to build such reserves. (2) Any tax exemption given to catastrophic reserves will be done in a very limited and restricted manner in order to protect reserves against being used for other than catastrophe costs. (3) A portion of the buildup from the tax-exempt reserves will be used to fund statewide mitigation efforts. (d) Consultation.--The Comptroller General, the Secretary of the Treasury, and the Secretary of Commerce shall consult with recognized experts in preparing the study described in subsection (a). The experts shall include representatives from State insurance departments, private insurers, insurance agents, economists, natural disaster risk modeling experts, insurance consumer advocacy groups, and other experts deemed relevant. (e) Report to Congress.--The results of the study described in subsection (a), including any recommendations, shall be transmitted to Congress not later than 180 days after the date of enactment of this Act.

Residential Windstorm Insurance Plan Act of 1996 - Instructs the Director of the Federal Emergency Management Agency to study the advisability and feasibility of establishing a Residential Windstorm Insurance Program designed to provide windstorm insurance to residential property owners unable to obtain coverage in the private market. Delineates Program contents and considerations. Requires the Director to: (1) submit to specified congressional committees study conclusions and estimated Program costs; and (2) enter into an arrangement with the National Academy of Sciences to conduct a feasibility study regarding the establishment of a Federal earthquake insurance program modeled after the "Write Your Own" Program under the National Flood Insurance Program. Directs the Comptroller General, the Secretary of the Treasury, and the Secretary of Commerce to report to the Congress the results of a joint study evaluating the public policy issues associated with conferring favorable Federal tax treatment to multiyear insurance reserves set aside by private insurers for future catastrophic natural disasters.

Residential Windstorm Insurance Plan Act of 1996

SECTION 1. ACQUISITION OF PROJECTS AND REMOVAL OF DAMS. The Elwha River Ecosystem and Fisheries Restoration Act (106 Stat. 3173) is amended by striking section 3 and inserting the following: ``SEC. 3. ACQUISITION OF PROJECTS. ``(a) In General.--As soon as practicable after sums are appropriated for the purpose, the Secretary shall acquire the Elwha Project and Glines Project for a purchase price of $29,500,000. ``(b) Release From Liability.-- ``(1) In general.--Subject to paragraph (2), the acquisition of the Projects shall be conditioned on a release from liability providing that all obligations and liabilities of the owner and the local industrial consumer to the United States arising from the Projects, based on ownership or on a license, permit, contract, or other authority (including Project removal and any ecosystem, fish and wildlife mitigation, and restoration obligations), shall, from the moment of title transfer, be deemed to have been satisfied. ``(2) Liability to indian tribes.--The United States may not assume or satisfy the liability, if any, of the owner or local industrial consumer to any federally recognized Indian tribe, nor shall any such liability be deemed satisfied without the consent of the Indian tribe. ``(c) Elwha Project.-- ``(1) Removal of dam.-- ``(A) In general.--After acquiring the Elwha Project, the Secretary as soon as practicable after sums are appropriated for the purpose, shall remove the Elwha dam. ``(B) Protection of water supply.-- ``(i) In general.--Before commencing removal of the Elwha dam or taking any steps to breach, bypass, or otherwise alter the water flow from the Elwha dam, the Secretary shall take all such actions as are necessary to ensure the continued availability, after removal of the dam, of the quantity and quality of water that is available, as of the date of enactment of this paragraph, to the city of Port Angeles, Washington, the Dry Creek Water Association, current (as of the date of enactment of this paragraph) and future industrial water users, and other current users of water from the Elwha River. ``(ii) Actions included.--The actions that the Secretary shall, subject to the availability of appropriations, take under clause (i) include-- ``(I) the design, construction, operation, and maintenance of new or improved water treatment or storage facilities; and ``(II) the mitigation of any injury to fisheries and remediation of any degradation in water quality that may result from the removal of or any other change in the water flow from the Elwha dam. ``(iii) Payment of costs.--The cost of each action taken under clause (i), subject to the availability of appropriations, shall be borne by the Secretary. ``(2) Evaluation of effect of removal.--During the removal phase of the Elwha dam, the Secretary shall make a thorough evaluation of the impact of removal of the dam on fish runs, and submit his findings to Congress. ``(3) Compensation for lost revenue.--After the acquisition of the Projects, the Secretary shall pay the Clallam County Board of Commissioners $150,000 per year for a period of 12 years, subject to the availability of annual appropriations, for the purposes of recovering lost revenue under the condition that the county dedicate at least 50 percent of each payment to studying the river system before, during, and after dam removal. ``(4) Prior efforts.--Efforts by the Secretary prior to enactment of this paragraph to evaluate the environmental impacts of dam removal are declared to meet and fully comply with any otherwise applicable provisions of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) and the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for purposes of removing the Elwha Dam as provided under this Act. ``(d) Glines Project.-- ``(1) Glines canyon dam operations.-- ``(A) In general.--Except as provided in paragraph (2), the Secretary shall continue operation of the Glines Canyon dam after the Elwha dam has been removed subject to the availability of funds for that purpose. ``(B) Engineering, design, and evaluation.--As soon as practicable after the date of enactment of this paragraph, the Secretary shall-- ``(i) complete an engineering and design study to determine the most cost-effective manner in which transmission lines and operational controls can be reconfigured to permit continued operation of the Glines Canyon dam as provided in subparagraph (A); and ``(ii) evaluate the impact that managing the Glines Canyon Project for fisheries restoration will have on future hydropower operations. ``(2) Fisheries restoration enhancement efforts.-- ``(A) Annual restoration work plan.--As soon as practicable after the date of enactment of this paragraph and each year thereafter, the Secretary shall, in consultation with the appropriate Federal, State, tribal, and local entities, develop an annual work plan that clearly defines all requirements necessary to achieve the ecosystem restoration objectives of this Act. The Secretary's annual work plan shall include, but is not limited to, specific details on engineering and environmental studies (including plans and specifications) for dam removal, water supply, reconfiguration of power, and river restoration measures. The work plan shall include a schedule of yearly activities, major milestones, and performance measurement criteria. ``(B) Independent scientific review panel.-- ``(i) The Secretary shall appoint an Independent Scientific Review Panel (Panel), which shall be comprised of eleven members, to review progress toward restoration of the Elwha River ecosystem and the contribution of removal of the Elwha River Dam toward restoration. Members shall be appointed from a list of no fewer than 20 scientists submitted by the National Academy of Sciences (Academy): Provided, That Pacific Northwest scientists with expertise in anadromous and non-anadromous fish and wildlife and ocean experts shall be among those represented on the Panel. If appointments are required in subsequent years, the Secretary shall request nominations from the Academy and the Academy shall provide nominations not later than 90 days after the date of this request. If the Academy does not provide nominations within 90 days of enactment of this Act, the Secretary may appoint such members as the Secretary deems appropriate. ``(ii) Conflict of interest and compensation.--Panel members may be compensated and shall be considered subject to the conflict of interest standards that apply to scientists performing comparable work for the National Academy of Sciences. All expenses of the Panel shall be paid by the Secretary as provided for under clause (vii). The Panel shall not be deemed an advisory committee within the meaning of the Federal Advisory Committee Act. ``(iii) Project criteria and review.--The Panel shall, in consultation with the Washington Department of Fish and Wildlife, the National Marine Fisheries Service, the Lower Elwha Klallam Indian Tribe and the Elwha Citizens' Advisory Committee, review the Secretary's annual work plan for Elwha Ecosystem Restoration and make recommendations on matters related to such work plan to the Secretary no later than June 15 of each year. If the Secretary does not receive the recommendations by this date, the Secretary may proceed to implement the work plan, relying on the best information available. The Panel shall base its recommendations on a determination that the work plan is based on sound science principles; benefit fish and wildlife; and have a clearly defined objective and outcome with provisions for monitoring and evaluation of results. In making its recommendations to the Secretary, the Panel shall determine whether the work plan employs cost-effective measures to achieve the objectives of this Act. The Panel, with assistance from the Washington Department of Fish and Wildlife, the National Marine Fisheries Service, the Lower Elwha Klallam Indian Tribe and the Elwha Citizens' Advisory Committee, shall review, on an annual basis, the results of prior year expenditures based upon these criteria and submit its findings to the Secretary for its review. ``(iv) Evaluation of elwha dam removal.-- Each year following removal of the Elwha Dam, the Panel shall, in consultation with the Washington Department of Fish and Wildlife, the National Marine Fisheries Service, the Lower Elwha Klallam Indian Tribe and the Elwha Citizens' Advisory Committee, evaluate the contribution of removal of the Elwha River Dam toward restoration of the Elwha River ecosystem. Based in its evaluation under this subparagraph, the Panel shall provide recommendations to the Secretary with regard to removal of the Glines Canyon Dam. ``(v) Public review.--Upon completion of the review of the Secretary's annual work plan and its evaluation of the removal of the Elwha Dam, the Panel shall submit recommendations on the work plan and removal of the Glines Canyon Dam to the Secretary. The Secretary shall make the Panel's findings available to the public and subject to public comment. ``(vi) Responsibilities of the secretary.-- ``(I) The Secretary shall fully consider the recommendations of the Panel when implementing the Secretary's annual work plan, and if the Secretary does not incorporate a recommendation of the Panel, the Secretary shall explain in writing its reasons for not accepting Panel recommendations. If the Secretary finds the recommendations inconsistent with this Act, he must notify the Panel, in writing, within 30 days of receiving their recommendations. The Secretary, after consideration of the recommendations of the Panel and other appropriate entities, shall be responsible for making the final recommendations to Congress for appropriations to implement the work plan. ``(II) The Secretary shall take steps to remove the Glines Canyon Dam after receiving a recommendation from the Panel to do so. ``(vii) Cost limitation.--The cost of this provision shall not exceed $1,000,000 in 1998 dollars. ``(viii) Expiration.--This paragraph shall expire 20 years after the date of the enactment of his paragraph.''. SEC. 2. CONTRACTING OUT PROVISIONS. The Secretary shall, to the fullest extent practicable, obtain by procurement from private sources all services necessary to execute the planning, engineering, design, and construction requirements necessary to comply with the provisions of this Act. SEC. 3. CONFORMING AMENDMENTS. The Elwha River Ecosystem and Fisheries Restoration Act (106 Stat. 3173) is amended-- (1) in section 4-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by striking ``Effective'' and all that follows through ``implement'' and inserting ``Effective 60 days after date of conveyance of the Projects, the Secretary shall, subject to the availability of appropriated funds, take such actions as are necessary to implement''; and (ii) in paragraph (1), by striking ``referred to in section 3(c)(2) for the removal of the dams and full;'' and inserting ``for the removal of the Elwha dam and''; and (B) in the first sentence of subsection (b), by striking ``referred to in section 3(c)(2)''; (2) in section 5(a), by striking ``as provided in section 3(e)''; (3) in section 6-- (A) in the first sentence of subsection (a), by striking ``makes the determination to remove the dams and''; and (B) in the first sentence of subsection (b)(1)-- (i) by striking ``makes the determination to remove the dams and''; and (ii) by inserting ``of the Elwha Project'' after ``removal''; and (4) in section 7(a)-- (A) by striking ``makes the determination to remove the dams and''; and (B) by inserting ``of the Elwha Project'' after ``removal''. SEC. 4. COLUMBIA-SNAKE RIVER HYDROELECTRIC SYSTEM PROTECTION. (a) In General.--Under no circumstances shall removal of dams on the Elwha River be considered a precedent of any kind for removal of dams on other rivers. (b) Congressional Authorization Required.--Except as otherwise provided in this Act, no dam, impoundment, or other facility on the Columbia River or Snake River or their tributaries that is owned or operated by an agency of the United States for flood control, hydroelectric power generation, irrigation, navigation, or other congressionally authorized purpose may be removed or significantly modified structurally, except for reasons of safety or necessary repairs, unless specifically approved by an authorization or appropriation by Congress.

Amends the Elwha River Ecosystem and Fisheries Restoration Act to direct the Secretary of the Interior, as soon as sums are appropriated, to acquire the Elwha and Glines Projects (Clallam County, Washington, hydroelectric power projects) for a purchase price of $29.5 million. Conditions such acquisition on a release of the owner and local industrial consumer from liability to the United States arising from such Projects. Prohibits the United States from assuming or satisfying the liability of such owner or consumer to any federally recognized Indian tribe. Directs the Secretary: (1) after acquiring the Elwha Project and as soon as sums are appropriated for such purpose, to remove the Elwha dam, taking necessary action to ensure the continued availability of current water quality and quantity to specified areas and users; (2) during the removal phase, to thoroughly evaluate the removal's impact on fish runs and submit findings to the Congress; and (3) subject to appropriations, to pay specified compensation for a period of 12 years to the Clallam County Board of Commissioners for revenues lost due to such removal (with a specified condition). Directs the Secretary to continue operation of the Glines Canyon dam after the Elwha dam has been removed, subject to appropriations. Requires the Secretary to: (1) complete a Glines Canyon engineering and design study concerning the reconfiguration of transmission lines and dam operational controls; and (2) evaluate the impact that managing such Project for fisheries restoration will have on future hydropower operations. Directs the Secretary to: (1) develop an annual work plan that defines all requirements necessary to achieve the ecosystem restoration objectives of the Act; and (2) appoint an Independent Scientific Review Panel to review progress toward restoration of the Elwha River ecosystem and the contribution of removal of the dam toward restoration. Requires the Panel to make recommendations to the Secretary on the work plan and removal of the Glines Canyon dam. Directs the Secretary to take steps to remove the Glines Canyon dam after receiving a Panel recommendation to do so. Prohibits, except as otherwise provided in this Act and for safety or necessary repairs, the removal or significant modification of any U.S.-owned or -operated dam or other facility on the Columbia or Snake Rivers without specific congressional approval.

To amend the Elwha River Ecosystem and Fisheries Restoration Act to provide further for the acquisition and removal of the Elwha dam and acquisition of Glines Canyon dam and the restoration of the Elwha River ecosystem and native anadromous fisheries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``China Democracy Act''. SEC. 2. RESTRICTIONS ON TRADE WITH AND INVESTMENT IN THE PEOPLE'S REPUBLIC OF CHINA. (a) Restrictions on Trade.-- (1) In general.--Subject to paragraph (2), no article that is the product of the People's Republic of China may be imported into the United States, and no goods or technology may be exported from any place in the United States to the People's Republic of China. (2) Exception.--Paragraph (1) shall not apply to-- (A) exports of food or medicine to the People's Republic of China; or (B) exports of items that would be authorized for export to Cuba, except that such items shall be subject to the same restrictions relating to licenses or other approval that apply with respect to exports of such items to Cuba. (b) Restrictions on Investment in Chinese Enterprises.--No United States person may, after the end of the 180-day period beginning on the date of the enactment of this Act, make an investment in any enterprise in the People's Republic of China or in any enterprise that is owned or controlled by the Government of, entities controlled by the Government of, or nationals of, the People's Republic of China. (c) Restrictions on Investment by Chinese Nationals in U.S. Persons.--No United States person may, after the end of the 180-day period beginning on the date of the enactment of this Act, engage in any transaction the purpose of which is to secure an investment by a Chinese national in any United States person or in any enterprise owned or controlled by United States persons. SEC. 3. ENTRY OF VESSELS ENGAGED IN TRADE WITH THE PEOPLE'S REPUBLIC OF CHINA. (a) Prohibitions.--Except as specifically authorized by the President, by means of regulations, rulings, instructions, licenses, or otherwise -- (1) no vessel that enters a port or place in the People's Republic of China to engage in the trade of goods or the purchase or provision of services, may enter a port in the United States for the purpose of loading or unloading freight for a period of 180 days after the date on which the vessel departed from a port or place in the People's Republic of China; and (2) no vessel carrying goods to or from the People's Republic of China or carrying goods in which the People's Republic of China or a national of the People's Republic of China has an interest may enter a port in the United States with such goods on board. (b) Exception.--Subsection (a) shall not apply with respect to exports of items permitted under section 1. SEC. 4. ENFORCEMENT. (a) Regulatory Authority.--The President shall issue such regulations, orders, and licenses as are necessary to carry out this Act. (b) Exceptions From Prohibitions.--The President may provide for such exceptions from the prohibitions contained in this Act as are consistent with the Cuban Assets Control Regulations under part 515 of title 31, Code of Federal Regulations, as in effect on the date of the enactment of this Act. SEC. 5. PENALTIES. Any person or entity that violates this Act or any regulation, license, or order issued under this Act shall be subject to the penalties provided in section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) for violations under that Act. SEC. 6. SUSPENSION OF VISAS TO CHINESE NATIONALS. No immigrant or nonimmigrant visa may be issued to any national of the People's Republic of China, and any such visa issued to a national of the People's Republic of China before the effective date of this Act may not be extended on or after such effective date. SEC. 7. DOWNGRADING OF DIPLOMATIC RELATIONS. The President shall take the necessary steps to downgrade diplomatic relations with the People's Republic of China to that which existed before the United States recognized the People's Republic of China in 1979. SEC. 8. DEFINITIONS. In this Act: (1) Food.--The term ``food'' means-- (A) any article used for food or drink for humans; and (B) any article used for a component of an article described in subparagraph (A). (2) Investment.--The term ``investment'' means any contribution or commitment of funds, commodities, services, patents, processes, or techniques, in the form of-- (A) a loan, (B) the purchase of a share of ownership, (C) participation in royalties, earnings, or profits, (D) the furnishing of commodities or services pursuant to a lease or other contract, or (E) other mechanism, that is made for the production of income. (3) Medicine.--The term ``medicine'' has the meaning given the term ``drug'' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (4) National of the people's republic of china.--The term ``national of the People's Republic of China''-- (A) means-- (i) a citizen of or person owing allegiance to the People's Republic of China; (ii) any corporation, partnership, or other entity organized under the laws of the People's Republic of China; and (iii) any entity owned or controlled by persons or entities described in clause (i) or (i); and (B) does not include any citizen or person owing allegiance to Taiwan, the Pescadores, or any other island over which the Taiwanese Government exercises control. (5) People's republic of china.--The term ``People's Republic of China''-- (A) includes mainland China, Hong Kong, Macao, and any other territory or special administrative region governed by the People's Republic of China; and (B) does not include Taiwan, the Pescadores, or any other island over which the Taiwanese Government exercises control. (6) United states.--The term ``United States'' includes any commonwealth, territory, or possession of the United States, and the customs waters of the United States (as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401)). (7) United states person.--The term ``United States person'' means-- (A) any United States citizen or alien lawfully admitted for permanent residence to the United States; (B) any corporation, partnership, or other entity organized under the laws of the United States; and (C) any person in the United States. (8) Vessel.--The term ``vessel'' includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft. SEC. 9. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act. SEC. 10. TERMINATION. This Act shall cease to be effective 30 days after the date on which the President determines and certifies to the Congress that the People's Republic of China-- (1) at the national, provincial, and local levels, is governed by governments that are democratically elected from free and fair elections-- (A) conducted under the supervision of internationally recognized observers; and (B) in which-- (i) opposition parties were permitted ample time to organize and campaign for such elections; and (ii) all candidates were permitted full access to the media; (2) is showing respect for the basic civil liberties and human rights of the citizens of the People's Republic of China; (3) has a market-oriented economic system based on the right to own and enjoy property; (4) ensures regular free and fair elections and the full enjoyment of basic civil liberties and human rights by the citizens of the People's Republic of China; (5) has established an independent judiciary; and (6) is no longer engaging in wide-scale espionage activities directed against the United States.

China Democracy Act - Prohibits, with specified exceptions, the import of products from the People's Republic of China (PRC) into the United States or the export of goods or technology from the United States to the PRC. Prohibits persons from the United States from: (1) making investments in PRC enterprises or enterprises owned or controlled by the PRC government, entities controlled by the PRC government, or by PRC nationals; or (2) engaging in any transaction to secure an investment by a Chinese national in any U.S. person or any enterprise owned or controlled by a U.S. person. Prohibits entry into the United States, for a specified period, of vessels engaged in trade with the PRC. Subjects violators of this Act to certain penalties. Prohibits the issuance of visas to PRC nationals. Suspends visas issued to PRC nationals before the effective date of this Act. Requires the President to take the necessary steps to downgrade diplomatic relations with the PRC. Terminates this Act upon certification by the President that the PRC has: (1) met certain democratic, civil liberties, and human rights principles; and (2) established a market-oriented economic system.

To impose certain restrictions on trade with and investment in the People's Republic of China, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coin Modernization, Oversight, and Continuity Act of 2010''. SEC. 2. AUTHORITY TO CONDUCT RESEARCH AND DEVELOPMENT ON ALL CIRCULATING COINS. (a) In General.--To accomplish the goals of this Act and the requirements of subchapter II of chapter 51 of title 31, United States Code, the Secretary of the Treasury may-- (1) conduct any appropriate testing of appropriate coinage metallic materials within or outside of the Department of the Treasury; and (2) solicit input from or otherwise work in conjunction with entities within or outside of the Federal Government including independent research facilities or current or potential suppliers of the metallic material used in volume production of circulating coins, to complete the report referred to in this Act and to develop and evaluate the use of new metallic materials. (b) Factors to Be Considered.--In the conduct of research, development, and the solicitation of input or work in conjunction with entities within and outside the Federal Government, and in reporting to the Congress with recommendations, as required by this Act, the Secretary of the Treasury shall consider the following: (1) Factors relevant to the potential impact of any revisions to the composition of the material used in coin production on the current coinage material suppliers. (2) Factors relevant to the ease of use and ability to co- circulate of new coinage materials, including the effect on vending machines and commercial coin processing equipment and making certain, to the greatest extent practicable, that any new coins work without interruption in existing coin acceptance equipment without modification. (3) Such other factors that the Secretary of the Treasury, in consultation with merchants who would be affected by any change in the composition of circulating coins, vending machine and other coin acceptor manufacturers, vending machine owners and operators, transit officials, municipal parking officials, depository institutions, coin and currency handlers, armored-car operators, car wash operators, and American-owned manufacturers of commercial coin processing equipment, considers to be appropriate and in the public interest, after notice and opportunity for comment. SEC. 3. BIENNIAL REPORT TO THE CONGRESS ON THE CURRENT STATUS OF COIN PRODUCTION COSTS AND ANALYSIS OF ALTERNATIVE CONTENT. (a) Report Required.--Before the end of the 2-year period beginning on the date of the enactment of this Act, and at 2-year intervals following the end of such period, the Secretary of the Treasury shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate analyzing production costs for each circulating coin, cost trends for such production, and possible new metallic materials or technologies for the production of circulating coins. (b) Detailed Recommendations.--In preparing and submitting the reports required under subsection (a), the Secretary of the Treasury shall include detailed recommendations for any appropriate changes to the metallic content of circulating coins in such a form that the recommendations could be enacted into law as appropriate. (c) Improved Production Efficiency.--In preparing and submitting the reports required under subsection (a), the Secretary of the Treasury shall include recommendations for changes in the methods of producing coins that would further reduce the costs to produce circulating coins, and include notes on the legislative changes that are necessary to achieve such goals. (d) Minimizing Conversion Costs.--In preparing and submitting the reports required under subsection (a), the Secretary of the Treasury, to the greatest extent possible, may not include any recommendation for new specifications for producing a circulating coin that would require any significant change to coin-accepting and coin-handling equipment to accommodate changes to all circulating coins simultaneously. (e) Fraud Prevention.--The reports required under this section shall make no recommendation for a specification change that would facilitate or allow the use of a coin with a lesser value produced, minted, or issued by another country, or the use of any token or other easily or regularly produced metal device of minimal value, in the place of a circulating coin produced by the Secretary. (f) Rule of Construction.--No provision of this Act shall be construed as requiring that additional research and development be conducted for any report under this Act but any such report shall include information on any such research and development during the period covered by the report. SEC. 4. MEETING DEMAND FOR SILVER AND GOLD NUMISMATIC ITEMS. Subsections (e) and (i) of section 5112 of title 31, United States Code are each amended by striking ``quantities'' and inserting ``qualities and quantities that the Secretary determines are''. SEC. 5. TECHNICAL CORRECTIONS. Section 5112(u)(1) of title 31, United States Code is amended-- (1) by striking ``exact duplicates'' and inserting ``likenesses''; (2) by striking subparagraph (C); (3) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (4) in subparagraph (A), by striking ``of 3.0 inches'' and inserting ``determined by the Secretary that is no less than 2.5 inches and no greater than 3.0 inches''. SEC. 6. BUDGETARY EFFECT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Coin Modernization, Oversight, and Continuity Act of 2010 - Requires the Secretary of the Treasury to report biennially to specified congressional committees on production costs for each circulating coin, cost trends, and possible new metallic materials or technologies for the production of circulating coins. Requires detailed recommendations in such reports for: (1) changes to the metallic content of circulating coins; (2) changes in coin production methodology that would further reduce the costs of production; and (3) legislative changes necessary to achieve such goals. Prohibits the Secretary from including any recommendation for specifications: (1) for producing a circulating coin that would require significant change to coin-accepting and coin-handling equipment to accommodate changes to all circulating coins simultaneously; or (2) that would facilitate or allow the use of a coin with a lesser value produced, minted, or issued by another country, or the use of any token or other easily or regularly produced metal device of minimal value, in the place of a circulating coin produced by the Secretary. Authorizes the Secretary, in order to complete the first biennial report and to develop and evaluate the use of new metallic materials for circulating coin production, to: (1) conduct any appropriate testing of appropriate coinage metallic materials; and (2) work with federal and nonfederal entities, including independent research facilities or suppliers of the metallic material used in volume production of circulating coins.

To provide research and development authority for alternative coinage materials to the Secretary of the Treasury, increase congressional oversight over coin production, and ensure the continuity of certain numismatic items.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Campaign Practices Commission Act of 1996''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Bipartisan Commission on Campaign Practices'' (referred to in this Act as the ``Commission''). SEC. 3. DUTIES OF THE COMMISSION. The Commission shall study the laws and regulations that affect how campaigns for Federal office are conducted and may make recommendations for change. In studying Federal campaign practices, the Commission shall consider-- (1) whether too much or too little money is spent trying to influence campaigns for Federal office and whether the funds that are spent are sufficiently disclosed; (2) whether the current laws (including regulations) governing campaigns for Federal office encourage or discourage those most qualified to hold office from seeking it; (3) whether the existing system of financing campaigns for Federal office promotes trust and confidence in the political process among the electorate; (4) whether the rules governing access to media ensure that the electorate has the greatest possible opportunity to be informed of candidates' positions on the issues; and (5) such other matters as the Commission considers appropriate. SEC. 4. MEMBERSHIP. (a) Composition.--The Commission shall be composed of 9 members of the private sector, as follows: (1) Two shall be appointed by the Majority Leader of the Senate. (2) Two shall be appointed by the Speaker of the House of Representatives. (3) Two shall be appointed by the President. (4) One shall be appointed by the Minority Leader of the Senate. (5) One shall be appointed by the Minority Leader of the House of Representatives. (6) A chairperson shall be appointed in accordance with subsection (b). (b) Chairperson.-- (1) Selection.--Within 7 days after all the members described in section 3(a) (1) through (5) are appointed, those members shall meet and by majority vote select a chairperson. (2) Failure to make selection.--If, by the date that is 30 days after the date of the meeting described in subsection (b), the office of chairperson is still vacant, all current members of the Commission shall be discharged from further service as members of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Compensation.--Each member of the Commission shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Commission. (e) Quorum.--Six members of the Commission shall constitute a quorum, and any decision of the Commission shall require the affirmative vote of 6 members. (f) Meetings.--The Commission shall meet at the call of the chairperson or at the request of 6 members of the Commission. SEC. 5. STAFF OF COMMISSION; SERVICES. Subject to such rules as may be adopted by the Commission, the chairperson, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classifications and General Schedule pay rates, may appoint such staff personnel as the chairperson considers necessary and procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code. SEC. 6. RECOMMENDATION; FAST TRACK PROCEDURES. (a) Report.--Not later than 30 days after the convening of the 105th Congress, the Commission shall submit to Congress a report describing the study conducted under section 3. (b) Recommendations.--The report under subsection (a) may include any recommendations for changes in the laws (including regulations) governing the conduct of Federal campaigns, including any changes in the rules of the Senate or the House of Representatives, to which 6 or more members of the Commission may agree. (c) Preparation of Bills.--If 7 or more members concur on 1 or more recommendations for changes in the way campaigns for Federal office are conducted, the members agreeing on each such recommendation shall prepare for each a bill that would implement the recommendation, and the implementing bill shall be submitted with the report under subsection (a). (d) Consideration by Congress.--Each implementing bill submitted with the report under subsection (a) shall be given expedited consideration under the same provisions and in the same way as an implementing bill for a trade agreement under section 151 of the Trade Act of 1974 (19 U.S.C. 2191). SEC. 7. TERMINATION. The Commission shall cease to exist 30 days after submission of the report under section 6. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $750,000 to carry out this Act.

Bipartisan Campaign Practices Commission Act of 1996 - Establishes the Bipartisan Commission on Campaign Practices. Directs the Commission to study the laws and regulations that affect how campaigns for Federal office are conducted and make recommendations for change. (Sec. 6) Mandates a report to the Congress not later than 30 days after the convening of the 105th Congress. Directs that if seven or more members concur on one or more recommendations, the agreeing members shall prepare for each a bill that would implement the recommendation and submit the implementing bill with the report. Provides that each implementing bill submitted with the report shall be given expedited consideration in the same way as an implementing bill for a trade agreement under the Trade Act of 1974. (Sec. 8) Authorizes appropriations.

Bipartisan Campaign Practices Commission Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Tax Prevention Act of 2011''. SEC. 2. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES. Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended by adding at the end the following: ``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES. ``(a) Definition.--In this section, the term `greenhouse gas' means any of the following: ``(1) Water vapor. ``(2) Carbon dioxide. ``(3) Methane. ``(4) Nitrous oxide. ``(5) Sulfur hexafluoride. ``(6) Hydrofluorocarbons. ``(7) Perfluorocarbons. ``(8) Any other substance subject to, or proposed to be subject to, regulation, action, or consideration under this Act to address climate change. ``(b) Limitation on Agency Action.-- ``(1) Limitation.-- ``(A) In general.--The Administrator may not, under this Act, promulgate any regulation concerning, take action relating to, or take into consideration the emission of a greenhouse gas to address climate change. ``(B) Air pollutant definition.--The definition of the term `air pollutant' in section 302(g) does not include a greenhouse gas. Notwithstanding the previous sentence, such definition may include a greenhouse gas for purposes of addressing concerns other than climate change. ``(2) Exceptions.--Paragraph (1) does not prohibit the following: ``(A) Notwithstanding paragraph (4)(B), implementation and enforcement of the rule entitled `Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards' (as published at 75 Fed. Reg. 25324 (May 7, 2010) and without further revision) and finalization, implementation, enforcement, and revision of the proposed rule entitled `Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles' published at 75 Fed. Reg. 74152 (November 30, 2010). ``(B) Implementation and enforcement of section 211(o). ``(C) Statutorily authorized Federal research, development, demonstration programs and voluntary programs addressing climate change. ``(D) Implementation and enforcement of title VI to the extent such implementation or enforcement only involves one or more class I substances or class II substances (as such terms are defined in section 601). ``(E) Implementation and enforcement of section 821 (42 U.S.C. 7651k note) of Public Law 101-549 (commonly referred to as the `Clean Air Act Amendments of 1990'). ``(3) Inapplicability of provisions.--Nothing listed in paragraph (2) shall cause a greenhouse gas to be subject to part C of title I (relating to prevention of significant deterioration of air quality) or considered an air pollutant for purposes of title V (relating to permits). ``(4) Certain prior agency actions.--The following rules and actions (including any supplement or revision to such rules and actions) are repealed and shall have no legal effect: ``(A) `Mandatory Reporting of Greenhouse Gases', published at 74 Fed. Reg. 56260 (October 30, 2009). ``(B) `Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act', published at 74 Fed. Reg. 66496 (December 15, 2009). ``(C) `Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs', published at 75 Fed. Reg. 17004 (April 2, 2010) and the memorandum from Stephen L. Johnson, Environmental Protection Agency (EPA) Administrator, to EPA Regional Administrators, concerning `EPA's Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program' (December 18, 2008). ``(D) `Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 31514 (June 3, 2010). ``(E) `Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call', published at 75 Fed. Reg. 77698 (December 13, 2010). ``(F) `Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Failure To Submit State Implementation Plan Revisions Required for Greenhouse Gases', published at 75 Fed. Reg. 81874 (December 29, 2010). ``(G) `Action to Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan', published at 75 Fed. Reg. 82246 (December 30, 2010). ``(H) `Action to Ensure Authority to Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 82254 (December 30, 2010). ``(I) `Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program', published at 75 Fed. Reg. 82430 (December 30, 2010). ``(J) `Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans', published at 75 Fed. Reg. 82536 (December 30, 2010). ``(K) `Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program; Proposed Rule', published at 75 Fed. Reg. 82365 (December 30, 2010). ``(L) Except for actions listed in paragraph (2), any other Federal action under this Act occurring before the date of enactment of this section that applies a stationary source permitting requirement or an emissions standard for a greenhouse gas to address climate change. ``(5) State action.-- ``(A) No limitation.--This section does not limit or otherwise affect the authority of a State to adopt, amend, enforce, or repeal State laws and regulations pertaining to the emission of a greenhouse gas. ``(B) Exception.-- ``(i) Rule.--Notwithstanding subparagraph (A), any provision described in clause (ii)-- ``(I) is not federally enforceable; ``(II) is not deemed to be a part of Federal law; and ``(III) is deemed to be stricken from the plan described in clause (ii)(I) or the program or permit described in clause (ii)(II), as applicable. ``(ii) Provision defined.--For purposes of clause (i), the term `provision' means any provision that-- ``(I) is contained in a State implementation plan under section 110 and authorizes or requires a limitation on, or imposes a permit requirement for, the emission of a greenhouse gas to address climate change; or ``(II) is part of an operating permit program under title V, or a permit issued pursuant to title V, and authorizes or requires a limitation on the emission of a greenhouse gas to address climate change. ``(C) Action by administrator.--The Administrator may not approve or make federally enforceable any provision described in subparagraph (B)(ii).''. SEC. 3. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES. Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is amended by adding at the end the following: ``(4) With respect to standards for emissions of greenhouse gases (as defined in section 330) for model year 2017 or any subsequent model year new motor vehicles and new motor vehicle engines-- ``(A) the Administrator may not waive application of subsection (a); and ``(B) no waiver granted prior to the date of enactment of this paragraph may be construed to waive the application of subsection (a).''. SEC. 4. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) there is established scientific concern over warming of the climate system based upon evidence from observations of increases in global average air and ocean temperatures, widespread melting of snow and ice, and rising global average sea level; (2) addressing climate change is an international issue, involving complex scientific and economic considerations; (3) the United States has a role to play in resolving global climate change matters on an international basis; and (4) Congress should fulfill that role by developing policies that do not adversely affect the American economy, energy supplies, and employment. Passed the House of Representatives April 7, 2011. Attest: KAREN L. HAAS, Clerk.

Energy Tax Prevention Act of 2011 - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of "air pollutant" for purposes of addressing climate change. Exempts from such prohibition: (1) implementation and enforcement of the rule, "Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards" and finalization, implementation, enforcement, and revision of the proposed rule, "Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles"; (2) implementation of the renewable fuel program; (3) statutorily authorized federal research, development, and demonstration programs and voluntary programs addressing climate change; (4) implementation and enforcement of stratospheric ozone protection to the extent that such implementation or enforcement only involves class I or II substances; and (5) implementation and enforcement of requirements for monitoring and reporting of carbon dioxide emissions. Provides that none of such exemptions shall cause a GHG to be subject to regulations relating to prevention of significant deterioration of air quality or considered an air pollutant for purposes of air pollution prevention and control permits. Repeals and makes ineffective the following rules and actions: "Mandatory Reporting of Greenhouse Gases" "Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act" "Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs" and the memorandum, "EPA's Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program" "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" "Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call" "Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Failure To Submit State Implementation Plan Revisions Required for Greenhouse Gases" "Action to Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan" "Action to Ensure Authority to Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule" "Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program" "Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans" "Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program; Proposed Rule" Any other federal action under such Act occurring before this Act's enactment that applies a stationary source permitting requirement or an emissions standard for a GHG to address climate change Prohibits the Administrator from waiving, and invalidates waivers given by the Administrator before the enactment of this Act, the ban on states from adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year. Expresses the sense of Congress that: (1) there is established scientific concern over warming of the climate system; (2) addressing climate change is an international issue, involving complex scientific and economic considerations; and (3) the United States has a role to play in resolving global climate change matters on an international basis. Urges Congress to fulfill such role by developing policies that do not adversely affect the American economy, energy supplies, and employment.

To amend the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas to address climate change, and for other purposes.

(a) Protected Activities.--Section 807 of the Fair Housing Act (42 U.S.C. 3607) is amended by adding at the end the following: ``(c) Activities Protected by First Amendment; Actions by Government Officials; Enforcement.-- ``(1) Activities protected by first amendment.--The following conduct does not constitute a violation of this title: ``(A) Any speech, activity, belief, affiliation, or membership protected by the first amendment to the Constitution of the United States, including any-- ``(i) written or oral communication with a government official or member of an entity exercising government functions; ``(ii) nonviolent expression of opinion in any form, including print, speech, or electronic methods of communication; and ``(iii) participation, affiliation, or membership in an organization engaged in lawful activity. ``(B) The filing of an action in any Federal or State court for damages or to enforce or seek enforcement of any Federal, State, or local law, including regulations or ordinances, if the action satisfies the standards set forth in rule 11(b) of the Federal Rules of Civil Procedure. ``(2) Activities of government officials.--In an action or proceeding against a government official, or a member of an entity exercising a government function, in the official capacity of that official or member, for a violation of this title, no evidence of the following shall be admitted as evidence or otherwise considered by the trier of fact: ``(A) That the official or member received a communication, expression of opinion, or other information pertaining to the membership of another person in an organization described in paragraph (1)(A), or was otherwise exposed to activity or conduct described in paragraph (1)(A). ``(B) That the official or member was the defendant or subject of an action otherwise described in paragraph (1)(B), even if the action did not satisfy the standards set forth in rule 11(b) of the Federal Rules of Civil Procedure. ``(3) Enforcement.--Any regulation or guideline for the determination of housing discrimination under this title that is considered, proposed, or adopted after the date of enactment of this subsection shall make explicitly clear that any speech, activity, belief, affiliation, or membership protected by the first amendment to the Constitution of the United States is not to be restricted and does not constitute evidence of housing discrimination under this title.''. (b) Administrative Enforcement.--Section 810(a)(1) of the Fair Housing Act (42 U.S.C. 3610(a)(1)) is amended-- (1) in subparagraph (A), by adding at the end the following: ``(iv) The Secretary shall not file or accept for filing any complaint, unless-- ``(I) the complaint describes the alleged discriminatory housing practice in sufficient detail to enable the Secretary to determine whether the conduct at issue is described in section 807(c); and ``(II) the Secretary has determined that the discriminatory housing practice alleged in the complaint is not described in section 807(c).''; and (2) in subparagraph (B)(ii)-- (A) by inserting ``, describing in detail the alleged unlawful conduct,'' after ``identifying the alleged discriminatory housing practice''; and (B) by inserting ``including the protections and exemptions set forth in section 807(c),'' after ``procedural rights and obligations of respondents under this title,''. (c) Sanctions for Impermissible Complaints.--Section 810 of the Fair Housing Act (42 U.S.C. 3610) is amended by adding at the end the following: ``(i) Sanctions for Impermissible Complaints.--If a court determines that a complaint filed, or accepted for filing, by the Secretary under this section does not meet the requirements of subsection (a)(1)(A)(iv), the court-- ``(1) shall promptly dismiss the complaint; and ``(2) shall impose appropriate sanctions on the Secretary, including the assessment of all costs (including attorney's fees) incurred by the respondent as a result of the filing of the complaint.''.

Amends the Fair Housing Act to state that first amendment-protected conduct or membership and court actions (satisfying Federal civil procedure) to enforce Federal, State, or local law shall not constitute housing discrimination under such Act. Prohibits, in a housing discrimination proceeding against a governmental official, the admission as evidence that such official: (1) received information pertaining to the protected membership of another person; or (2) was the subject of a housing discrimination court action. Requires any housing discrimination enforcement guideline to make explicit that protected conduct or membership shall not be restricted nor constitute evidence of discrimination. Prohibits administrative enforcement unless the complaint describes the practice in sufficient detail to enable the Secretary of Housing and Urban Development to determine that such practice is not first amendment-protected. Provides sanctions for impermissible complaints.

A bill to amend the Fair Housing Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fall River Water Users District Rural Water System Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there are insufficient water supplies of reasonable quality available to the members of the Fall River Water Users District Rural Water System located in Fall River County, South Dakota, and the water supplies that are available are of poor quality and do not meet minimum health and safety standards, thereby posing a threat to public health and safety; (2) past cycles of severe drought in the southeastern area of Fall River County have left residents without a satisfactory water supply, and, during 1990, many home owners and ranchers were forced to haul water to sustain their water needs; (3) because of the poor quality of water supplies, most members of the Fall River Water Users District are forced to either haul bottled water for human consumption or use distillers; (4) the Fall River Water Users District Rural Water System has been recognized by the State of South Dakota; and (5) the best available, reliable, and safe rural and municipal water supply to serve the needs of the Fall River Water Users District Rural Water System members consists of a Madison Aquifer well, 3 separate water storage reservoirs, 3 pumping stations, and approximately 200 miles of pipeline. (b) Purposes.--The purposes of this Act are-- (1) to ensure a safe and adequate municipal, rural, and industrial water supply for the members of the Fall River Water Users District Rural Water System in Fall River County, South Dakota; (2) to assist the members of the Fall River Water Users District in developing safe and adequate municipal, rural, and industrial water supplies; and (3) to promote the implementation of water conservation programs by the Fall River Water Users District Rural Water System. SEC. 3. DEFINITIONS. In this Act: (1) Engineering report.--The term ``engineering report'' means the study entitled ``Supplemental Preliminary Engineering Report for Fall River Water Users District'' published in August 1995. (2) Project construction budget.--The term ``project construction budget'' means the description of the total amount of funds that are needed for the construction of the water supply system, as described in the engineering report. (3) Pumping and incidental operational requirements.--The term ``pumping and incidental operational requirements'' means all power requirements that are incidental to the operation of intake facilities, pumping stations, water treatment facilities, cooling facilities, reservoirs, and pipelines to the point of delivery of water by the Fall River Water Users District Rural Water System to each entity that distributes water at retail to individual users. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Water supply system.--The term ``water supply system'' means the Fall River Water Users District Rural Water System, a nonprofit corporation, established and operated substantially in accordance with the engineering report. SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM. (a) In General.--The Secretary shall make grants to the water supply system for the Federal share of the costs of the planning and construction of the water supply system. (b) Service Area.--The water supply system shall provide for safe and adequate municipal, rural, and industrial water supplies, mitigation of wetlands areas, and water conservation within the boundaries of the Fall River Water Users District, described as follows: bounded on the north by the Angostura Reservoir, the Cheyenne River, and the line between Fall River and Custer Counties, bounded on the east by the line between Fall River and Shannon Counties, bounded on the south by the line between South Dakota and Nebraska, and bounded on the west by the Igloo-Provo Water Project District. (c) Amount of Grants.--Grants made available under subsection (a) to the water supply system shall not exceed the Federal share under section 9. (d) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply system until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the water supply system; and (2) a final engineering report and plan for a water conservation program have been prepared and submitted to Congress for a period of not less than 90 days before the commencement of construction of the system. SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation of fish and wildlife losses incurred as a result of the construction and operation of the water supply system shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the engineering report. SEC. 6. USE OF PICK-SLOAN POWER. (a) In General.--From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, the Western Area Power Administration shall make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply system during the period beginning May 1 and ending October 31 of each year. (b) Conditions.--The capacity and energy described in subsection (a) shall be made available on the following conditions: (1) The water supply system shall be operated on a not-for- profit basis. (2) The water supply system shall contract to purchase its entire electric service requirements, including the capacity and energy made available under subsection (a), from a qualified preference power supplier that itself purchases power from the Western Area Power Administration. (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be the firm power rate schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration in effect when the power is delivered by the Administration. (4) It shall be agreed by contract among-- (A) the Western Area Power Administration; (B) the power supplier with which the water supply system contracts under paragraph (2); (C) the power supplier of the entity described in subparagraph (B); and (D) the Fall River Water Users District; that in the case of the capacity and energy made available under subsection (a), the benefit of the rate schedule described in paragraph (3) shall be passed through to the water supply system, except that the power supplier of the water supply system shall not be precluded from including, in the charges of the supplier to the water system for the electric service, the other usual and customary charges of the supplier. SEC. 7. NO LIMITATION ON WATER PROJECTS IN STATE. This Act does not limit the authorization for water projects in South Dakota under law in effect on or after the date of enactment of this Act. SEC. 8. WATER RIGHTS. Nothing in this Act-- (1) invalidates or preempts State water law or an interstate compact governing water; (2) alters the rights of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations; (3) preempts or modifies any Federal or State law, or interstate compact, dealing with water quality or disposal; or (4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource. SEC. 9. FEDERAL SHARE. The Federal share under section 4 shall be 70 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after August 1, 1995. SEC. 10. NON-FEDERAL SHARE. The non-Federal share under section 4 shall be 30 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after August 1, 1995. SEC. 11. CONSTRUCTION OVERSIGHT. (a) Authorization.--The Secretary of the Interior, acting through the Director of the Bureau of Reclamation, may provide construction oversight to the water supply system for areas of the water supply system. (b) Project Oversight Administration.--The amount of funds used by the Secretary for planning and construction of the water supply system may not exceed an amount equal to 3 percent of the amount provided in the total project construction budget for the portion of the project to be constructed in Fall River County, South Dakota. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) $3,600,000 for the planning and construction of the water system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after August 1, 1995. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Fall River Water Users District Rural Water System Act of 1998 - Directs the Secretary of Agriculture to make grants for the Federal share of the costs of the planning and construction of the Fall River Water Users District Rural Water System, Inc. Prohibits the obligation of System construction funds until: (1) Federal environmental compliance requirements have been met; and (2) a final System engineering report and plan for a water conservation program have been prepared and submitted to the Congress for at least a 90-day period. Requires the mitigation of fish and wildlife losses during System construction and operation. Directs the Western Area Power Administration to make available, from power produced under the Pick-Sloan Missouri River Basin Program, the capacity and energy required to meet the pumping and incidental operational requirements of the System from May 1 to October 31 of each year. Provides power use conditions. States that this Act does not limit: (1) the authorization for water projects in South Dakota under any law; or (2) current water rights. Provides the Federal share (70 percent) of System costs. Authorizes the Secretary of the Interior, acting through the Director of the Bureau of Reclamation, to provide construction oversight for areas of the System. Limits the amount of funds that may be used by the Secretary for planning and construction of the System. Authorizes appropriations.

Fall River Water Users District Rural Water System Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Workers' Compensation Modernization and Improvement Act''. SEC. 2. PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE NURSES. (a) Definition of Medical Services.--Section 8101(3) of title 5, United States Code, is amended-- (1) by striking ``law. Reimbursable'' and inserting ``law (reimbursable''; and (2) by inserting before the semicolon, the following: ``, and medical services may include treatment by a physician assistant or advanced practice nurse, such as a nurse practitioner, within the scope of their practice as defined by State law, consistent with regulations prescribed by the Secretary of Labor)''. (b) Medical Services and Other Benefits.--Section 8103 of title 5, United States Code, is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a), the following: ``(b) Medical services furnished or prescribed pursuant to subsection (a) may include treatment by a physician assistant or advanced practice nurse, such as a nurse practitioner, within the scope of their practice as defined by State law, consistent with regulations prescribed by the Secretary of Labor.''. (c) Certification of Traumatic Injury.--Section 8121(6) of title 5, United States Code, is amended by inserting before the period, the following: ``(except that in a case of a traumatic injury, a physician assistant or advanced practice nurse, such as a nurse practitioner, within the scope of their practice as defined by State law, may also provide certification of such traumatic injury and related disability during the continuation of pay period covered by section 8118, in a manner consistent with regulations prescribed by the Secretary of Labor)''. SEC. 3. COVERING TERRORISM INJURIES. Section 8102(b) of title 5, United States Code, is amended in the matter preceding paragraph (1)-- (1) by inserting ``or from an attack by a terrorist or terrorist organization, either known or unknown,'' after ``force or individual,''; and (2) by striking ``outside'' and all that follows through ``1979)'' and inserting ``outside of the United States''. SEC. 4. DISFIGUREMENT. Section 8107(c)(21) of title 5, United States Code-- (1) by striking ``For'' and inserting the following: ``(A) Except as provided under subparagraph (B), for''; and (2) by adding at the end the following: ``(B) Notwithstanding subparagraph (A), for an injury occurring during the 3-year period prior to the date of enactment of the Federal Workers' Compensation Modernization and Improvement Act for which the Secretary of Labor has not made a compensation determination on disfigurement under subparagraph (A), or for an injury occurring on or after the date of enactment of such Act resulting in a serious disfigurement of the face, head, or neck, proper and equitable compensation in proportion to the severity of the disfigurement, not to exceed $50,000, as determined by the Secretary, shall be awarded in addition to any other compensation payable under this schedule. The applicable maximum compensation for disfigurement provided under this subparagraph shall be adjusted annually on March 1 in accordance with the percentage amount determined by the cost of living adjustment in section 8146a.''. SEC. 5. SOCIAL SECURITY EARNINGS INFORMATION. Section 8116 of title 5, United States Code, is amended by adding at the end the following: ``(e) Notwithstanding any other provision of law, the Secretary of Labor may require, as a condition of receiving any benefits under this subchapter, that a claimant for such benefits consent to the release by the Social Security Administration of the Social Security earnings information of such claimant.''. SEC. 6. CONTINUATION OF PAY IN A ZONE OF ARMED CONFLICT. Section 8118 of title 5, United States Code, is amended-- (1) in subsection (b), by striking ``Continuation'' and inserting ``Except as provided under subsection (e)(2), continuation''; (2) in subsection (c), by striking ``subsections (a) and (b)'' and inserting ``subsections (a) and (b) or subsection (e),''; (3) in subsection (d), by striking ``subsection (a)'' and inserting ``subsection (a) or (e)''; (4) by redesignating subsection (e) as subsection (f); and (5) by inserting after subsection (d) the following: ``(e) Continuation of Pay in a Zone of Armed Conflict.-- ``(1) In general.--Notwithstanding subsection (a), the United States shall authorize the continuation of pay of an employee as defined in section 8101(1) of this title (other than those referred to in subparagraph (B) or (E)), who has filed a claim for a period of wage loss due to traumatic injury in performance of duty in a zone of armed conflict (as so determined by the Secretary of Labor under paragraph (3)), as long as the employee files a claim for such wage loss benefit with his immediate superior not later than 45 days following termination of assignment to the zone of armed conflict or return to the United States, whichever occurs later. ``(2) Continuation of pay.--Notwithstanding subsection (b), continuation of pay under this subsection shall be furnished for a period not to exceed 135 days without any break in time or waiting period, unless controverted under regulations prescribed by the Secretary of Labor. ``(3) Determination of zones of armed conflict.--For purposes of this subsection, the Secretary of Labor, in consultation with the Secretary of State and the Secretary of Defense, shall determine whether a foreign country or other foreign geographic area outside of the United States (as that term is defined in section 202(7) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4302(7))) is a zone of armed conflict based on whether-- ``(A) the Armed Forces of the United States are involved in hostilities in the country or area; ``(B) the incidence of civil insurrection, civil war, terrorism, or wartime conditions threatens physical harm or imminent danger to the health or well- being of United States civilian employees in the country or area; ``(C) the country or area has been designated a combat zone by the President under section 112(c) of the Internal Revenue Code of 1986 (26 U.S.C. 112(c)); ``(D) a contingency operation involving combat operations directly affects civilian employees in the country or area; or ``(E) there exist other relevant conditions and factors.''. SEC. 7. SUBROGATION OF CONTINUATION OF PAY. (a) Subrogation of the United States.--Section 8131 of title 5, United States Code, is amended-- (1) in subsection (a), by inserting ``continuation of pay or'' before ``compensation''; and (2) in subsection (c), by inserting ``continuation of pay or'' before ``compensation already paid''. (b) Adjustment After Recovery From A Third Person.--Section 8132 of title 5, United States Code, is amended-- (1) by inserting ``continuation of pay or'' before ``compensation'' the first, second, fourth, and fifth place it appears; (2) by striking ``in his behalf'' and inserting ``on his behalf''; and (3) by inserting ``continuation of pay and'' before ``compensation'' the third place it appears. SEC. 8. FUNERAL EXPENSES. Section 8134 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``If'' and inserting ``Except as provided in subsection (b), if''; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: ``(b) Notwithstanding subsection (a), for deaths occurring on or after the date of enactment of the Federal Workers' Compensation Modernization and Improvement Act, if death results from an injury sustained in the performance of duty, the United States shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $6,000, in the discretion of the Secretary of Labor. The applicable maximum compensation for burial expenses provided under this subsection shall be adjusted annually on March 1 in accordance with the percentage amount determined by the cost of living adjustment in section 8146a.''. SEC. 9. EMPLOYEES' COMPENSATION FUND. Section 8147 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``except administrative expenses'' and inserting ``including administrative expenses''; and (B) by striking the last 2 sentences; and (2) in subsection (b)-- (A) in the first sentence, by inserting before the period ``and an estimate of a pro-rata share of the amount of funds necessary to administer this subchapter for the fiscal year beginning in the next calendar year''; and (B) in the second sentence, by striking ``costs'' and inserting ``amount set out in the statement of costs and administrative expenses furnished pursuant to this subsection''. SEC. 10. CONFORMING AMENDMENT. Section 8101(1)(D) of title 5, United States Code, is amended by inserting before the semicolon ``who suffered an injury on or prior to March 3, 1979''. SEC. 11. EFFECTIVE DATE. Except as otherwise provided, this Act and the amendments made by this Act, shall take effect 60 days after the date of enactment of this Act. SEC. 12. PAYGO COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives November 29, 2011. Attest: KAREN L. HAAS, Clerk.

Federal Workers' Compensation Modernization and Improvement Act - Modifies the definition of "medical, surgical, and hospital services and supplies" under the Federal Employees' Compensation Act (FECA) to include physician assistants and advanced practice nurses and to provide for the reimbursement for services provided by such assistants and nurses. Permits such assistants and nurses to certify disability due to traumatic injury during a continuation of pay period. Extends eligibility for compensation under FECA for disability or death resulting from an attack by a terrorist or terrorist organization. Allows additional FECA benefits, up to $50,000, for workers who sustain an injury that results in a serious disfigurement of the face, head, or neck. Authorizes the Secretary of Labor to require, as a condition of receiving compensation under FECA, a claimant to consent to the release by the Social Security Administration (SSA) of such claimant's social security earnings information. Provides for the continuation of pay, for up to 135 days, of an employee who has filed a claim for wage loss due to a traumatic injury in a zone of armed conflict. Requires a claim for wage loss to be filed not later than 45 days following termination of assignment to the zone of armed conflict or return to the United States, whichever occurs later. Grants a right of subrogation to the United States for the continuation of pay of a federal employee. Allows payment of up to $6,000 of funeral and burial expenses for deaths of federal employees that result from an injury sustained in the performance of duty. Allows payment of administrative expenses from the Employees' Compensation Fund. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

To amend the Federal Employees' Compensation Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Local Cyber Protection Act of 2015''. SEC. 2. STATE AND LOCAL COORDINATION ON CYBERSECURITY WITH THE NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER. (a) In General.--The second section 226 of the Homeland Security Act of 2002 (6 U.S.C. 148; relating to the national cybersecurity and communications integration center) is amended by adding at the end the following new subsection: ``(g) State and Local Coordination on Cybersecurity.-- ``(1) In general.--The Center shall, to the extent practicable-- ``(A) assist State and local governments, upon request, in identifying information system vulnerabilities; ``(B) assist State and local governments, upon request, in identifying information security protections commensurate with cybersecurity risks and the magnitude of the potential harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of-- ``(i) information collected or maintained by or on behalf of a State or local government; or ``(ii) information systems used or operated by an agency or by a contractor of a State or local government or other organization on behalf of a State or local government; ``(C) in consultation with State and local governments, provide and periodically update via a web portal tools, products, resources, policies, guidelines, and procedures related to information security; ``(D) work with senior State and local government officials, including State and local Chief Information Officers, through national associations to coordinate a nationwide effort to ensure effective implementation of tools, products, resources, policies, guidelines, and procedures related to information security to secure and ensure the resiliency of State and local information systems; ``(E) provide, upon request, operational and technical cybersecurity training to State and local government and fusion center analysts and operators to address cybersecurity risks or incidents; ``(F) provide, in coordination with the Chief Privacy Officer and the Chief Civil Rights and Civil Liberties Officer of the Department, privacy and civil liberties training to State and local governments related to cybersecurity; ``(G) provide, upon request, operational and technical assistance to State and local governments to implement tools, products, resources, policies, guidelines, and procedures on information security by-- ``(i) deploying technology to assist such State or local government to continuously diagnose and mitigate against cyber threats and vulnerabilities, with or without reimbursement; ``(ii) compiling and analyzing data on State and local information security; and ``(iii) developing and conducting targeted operational evaluations, including threat and vulnerability assessments, on the information systems of State and local governments; ``(H) assist State and local governments to develop policies and procedures for coordinating vulnerability disclosures, to the extent practicable, consistent with international and national standards in the information technology industry, including standards developed by the National Institute of Standards and Technology; and ``(I) ensure that State and local governments, as appropriate, are made aware of the tools, products, resources, policies, guidelines, and procedures on information security developed by the Department and other appropriate Federal departments and agencies for ensuring the security and resiliency of Federal civilian information systems. ``(2) Training.--Privacy and civil liberties training provided pursuant to subparagraph (F) of paragraph (1) shall include processes, methods, and information that-- ``(A) are consistent with the Department's Fair Information Practice Principles developed pursuant to section 552a of title 5, United States Code (commonly referred to as the `Privacy Act of 1974' or the `Privacy Act'); ``(B) reasonably limit, to the greatest extent practicable, the receipt, retention, use, and disclosure of information related to cybersecurity risks and incidents associated with specific persons that is not necessary, for cybersecurity purposes, to protect an information system or network of information systems from cybersecurity risks or to mitigate cybersecurity risks and incidents in a timely manner; ``(C) minimize any impact on privacy and civil liberties; ``(D) provide data integrity through the prompt removal and destruction of obsolete or erroneous names and personal information that is unrelated to the cybersecurity risk or incident information shared and retained by the Center in accordance with this section; ``(E) include requirements to safeguard cyber threat indicators and defensive measures retained by the Center, including information that is proprietary or business-sensitive that may be used to identify specific persons from unauthorized access or acquisition; ``(F) protect the confidentiality of cyber threat indicators and defensive measures associated with specific persons to the greatest extent practicable; and ``(G) ensure all relevant constitutional, legal, and privacy protections are observed.''. (b) Congressional Oversight.--Not later than 2 years after the date of the enactment of this Act, the national cybersecurity and communications integration center of the Department of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the activities and effectiveness of such activities under subsection (g) of the second section 226 of the Homeland Security Act of 2002 (6 U.S.C. 148; relating to the national cybersecurity and communications integration center), as added by subsection (a) of this section, on State and local information security. The center shall seek feedback from State and local governments regarding the effectiveness of such activities and include such feedback in the information required to be provided under this subsection. Passed the House of Representatives December 10, 2015. Attest: KAREN L. HAAS, Clerk.

State and Local Cyber Protection Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security's (DHS's) national cybersecurity and communications integration center (NCCIC) to assist state and local governments with cybersecurity by: upon request, identifying system vulnerabilities and information security protections to address unauthorized access, use, disclosure, disruption, modification, or destruction of information collected or maintained by, or information systems used or operated by, state or local governments or other organizations or contractors on their behalf; providing via a web portal updated resources and guidelines related to information security; coordinating through national associations to implement information security tools and policies to ensure the resiliency of state and local information systems; providing training on cybersecurity, privacy, and civil liberties; providing requested technical assistance to deploy technology that continuously diagnoses and mitigates cyber threats and to conduct threat and vulnerability assessments; coordinating vulnerability disclosures under standards developed by the National Institute of Standards and Technology; and ensuring that state and local governments are aware of DHS resources and other federal tools to ensure the security and resiliency of federal civilian information systems. The NCCIC's privacy and civil liberties training must include: (1) reasonable limits on the receipt, retention, use, and disclosure of information associated with specific persons that is not necessary for cybersecurity purposes; (2) data integrity standards requiring the prompt removal and destruction of obsolete or erroneous names and personal information that is unrelated to the risk or incident information; and (3) safeguards and confidentiality protections for cyber threat indicators and defensive measures, including information that is proprietary or business-sensitive that may be used to identify specific persons from unauthorized access or acquisition. The NCCIC must seek feedback from state and local governments on the effectiveness of such activities and provide such information to Congress.

State and Local Cyber Protection Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Mergers, Acquisitions, and Risky Takeovers Supplied by American Labor and Entrepreneurship Act of 2013'' or the ``SMART SALE Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Covered entity.--The term ``covered entity'' means any person, company, institution, or other entity engaged in interstate commerce in the United States that owns, licenses, or otherwise holds an interest in a federally-funded technology, or to which Federal energy research and development funding has been obligated by a Federal agency. (2) Covered transaction.-- (A) In general.--The term ``covered transaction'' means any proposed or pending merger, acquisition, takeover, or other transfer that could result in control of a covered entity by-- (i) a government of a foreign country described in subparagraph (B); or (ii)(I) a natural person who is a citizen of a foreign country described in subparagraph (B) or who owes permanent allegiance to such foreign country; or (II) a corporation or other legal entity which is organized under the laws of such foreign country or any political subdivision thereof if natural persons described in subclause (I) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity. (B) Foreign country described.-- (i) In general.--Except as provided in clause (ii), a foreign country referred to in subparagraph (A) means any of the following: (I) The People's Republic of China. (II) The Democratic People's Republic of Korea. (III) A country that is a state sponsor of terrorism (as defined in clause (iii)). (IV) A country that provides sanctuary to a foreign terrorist organization (as defined in clause (iv)). (V) Any other country with respect to which the President determines the provisions of this paragraph should apply. (ii) Waiver.--The President may waive the applicability of this paragraph with respect to a foreign country described in clause (i) on a case-by-case basis if not later than 60 days before doing so the President-- (I) determines that it is in the national interest of the United States to do so; and (II) submits to Congress a report providing a justification for the waiver. (iii) State sponsor of terrorism defined.-- In clause (i)(III), the term ``state sponsor of terrorism'' means any country the government of which the Secretary of State has determined has repeatedly provided support for international terrorism pursuant to-- (I) section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405) (as continued in effect under the International Emergency Economic Powers Act); (II) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (III) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or (IV) any other provision of law. (iv) Foreign terrorist organization defined.--In clause (i)(IV), the term ``foreign terrorist organization'' means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (3) Federal energy research and development funding.--The term ``Federal energy research and development funding'' means Federal funding provided for the purpose of researching or developing new energy technologies, products, processes, or systems, or for the application of existing energy technologies, products, processes, or systems in a novel manner. Such funding includes funding for a loan or loan guarantee made by a Federal agency. (4) Federally-funded technology.-- (A) In general.--Except as provided in subparagraph (B), the term ``federally-funded technology'' means any technology, product, process, or system developed as a result of Federal energy research and development funding. (B) Exception.--Such term does not apply to any technology, product, process, and system that was not-- (i) specified in the documents and agreements associated with the provision of the Federal energy research and development funding; or (ii) a foreseeable result or byproduct of the Federal energy research and development funding at the time the funding was provided. SEC. 3. REQUIREMENTS. (a) Notification.-- (1) In general.--A covered entity shall notify the Secretary of Energy in writing not later than 7 days of entering into negotiations for any covered transaction. (2) Contents.--A notification submitted pursuant to paragraph (1) shall include-- (A) an identification of the covered entity; (B) an identification of the purchasing, acquiring, or merging entity; (C) the amounts of all Federal energy research and development funding received by the covered entity, including a description of the form and amount of each transaction providing such funding; (D) an explanation of how the covered entity or its purchaser will repay any outstanding loans or loan guarantees provided by a Federal agency, including interest accrued; (E) an appraisal of the value of any federally- funded technology owned, licensed, or otherwise held by the covered entity, including estimates of sales value and licensing fees; and (F) a description of the technical rights held by the Federal Government in all federally-funded technology owned, licensed, or otherwise held by the covered entity. (3) Penalties.--Any person who knowingly and intentionally fails to make a notification required by this subsection shall be imprisoned for not more than 5 years and fined according to title 18, United States Code. (b) Recoupment of Federal Funds.--A Federal agency providing Federal energy research and development funding shall require, as a condition of receipt of such funding, that all amounts provided shall be repaid to the Federal Government if a covered transaction results in control of the recipient by a foreign country described in section 2(2)(B). (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall promulgate regulations to carry out this section. SEC. 4. REPORTS TO CONGRESS. (a) Report on Notification.--Not later than 30 days after receipt of a notification required by section 3(a), the Secretary of Energy shall submit to Congress a report on the notification. Such a report shall contain, at a minimum, the following: (1) All of the information provided by the covered entity under section 3(a). (2) An assessment of any cybersecurity threats to the national interests of the United States with respect to the covered transaction. (3) Disclosure of any additional Federal energy research and development funding payments scheduled to be made by a Federal entity to the covered entity. (4) An assessment of what effect the covered transaction will have on the interests of the United States, including the extent to which the covered transaction will cause, or will have a reasonable likelihood of causing, any negative effects to the national and economic security interests of the United States. (5) An estimate of any amounts of Federal, State, and foreign government funding that any party to the covered transaction, other than the covered entity, has received. (b) Initial Report.--Not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report that-- (1) identifies each covered entity that is engaged in a covered transaction as of the date of enactment of this Act; and (2) specifies the total amount of Federal energy research and development funding the covered entity has received and is scheduled to receive.

Stop Mergers, Acquisitions, and Risky Takeovers Supplied by American Labor and Entrepreneurship Act of 2013 or the SMART SALE Act of 2013 - Requires any person, company, institution, or other entity engaged in interstate commerce that owns, licenses, or otherwise holds an interest in a federally-funded technology, or to which federal energy research and development funding has been obligated by a federal agency (covered entity), to notify the Secretary of Energy (DOE) not later than seven days after entering into negotiations for any proposed or pending merger, acquisition, takeover, or other transfer that could result in control of such covered entity by: (1) the government of the Peoples's Republic of China, the Democratic People's Republic of Korea, or a country that is a state sponsor of terrorism or that provides sanctuary to a foreign terrorist organization; (2) a citizen of such a country who owes permanent allegiance to such country; or (3) a corporation or other legal entity which is 50% owned by a citizen of such a country.

SMART SALE Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thermal Energy Efficiency Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) approximately 40 percent of the total quantity of energy consumed in the United States is used in heating and air conditioning buildings and industrial process heat; (2) thermal energy is an essential, but often overlooked, segment of the national energy mix; (3) district energy systems use 1 or more central plants to provide thermal energy or combined heat and power to multiple buildings that range in size from campus applications to systems heating entire towns or cities; (4) district energy systems provide several advantages that support secure, affordable, renewable, and sustainable energy for the United States, including-- (A) fuel flexibility to reduce fossil fuel consumption and greenhouse gas emissions; (B) use of local fuels that keep jobs and energy dollars in local economies; (C) stable, predictable energy costs for businesses and industry; and (D) reduction in reliance on fossil fuels; (5) district energy systems provide infrastructure to produce and distribute thermal energy and use electric energy from sources of industrial surplus heat and from renewable sources, such as biomass, geothermal, and solar; (6) as of 2009, the United States had approximately 2,500 operating district energy systems; (7) combined heat and power systems increase energy efficiency of power plants by capturing thermal energy and using the thermal energy to provide heating and cooling, more than doubling the efficiency of conventional power plants; and (8) according to the Oak Ridge National Laboratory, if the United States was able to increase combined heat and power from approximately 9 percent of total electric generation capacity on the date of enactment of this Act to 20 percent by 2030, the increase would-- (A) save as much energy as half of all household energy consumption; (B) create approximately 1,000,000 new jobs; (C) avoid more than 800,000,000 metric tons of carbon dioxide emissions annually, which is equivalent to taking \1/2\ of all United States passenger vehicles off the road; and (D) save hundreds of millions of barrels of oil equivalent. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Combined heat and power.--The term ``combined heat and power'' means simultaneous generation of electric energy and heat in a single, integrated system, with an overall efficiency of 60 percent or higher based on a higher-heating value basis. (3) District energy system.--The term ``district energy system'' means a system that provides thermal energy from 1 or more central plants to at least 2 or more buildings through a network of pipes to provide steam, hot water, or chilled water to be used for space heating, air conditioning, domestic hot water, compression, process energy, or other end uses for the thermal energy. (4) Eligible entity.--The term ``eligible entity'' means-- (A) an institutional entity; (B) a commercial or industrial entity; or (C) a Federal agency or facility. (5) Fund.--The term ``Fund'' means the Thermal Energy Efficiency Fund established by section 4(a). (6) Institutional entity.--The term ``institutional entity'' means-- (A) an institution of higher education; (B) a public school district; (C) a local government; (D) a State government; (E) a tribal government; (F) a municipal utility; or (G) a nonprofit or public hospital; or (H) a designee of 1 of the entities described in subparagraphs (A) through (G). (7) Qualifying project.--The term ``qualifying project'' means a district energy, combined heat and power, or recoverable waste energy project that (in accordance with guidance issued by the Secretary)-- (A) reduces or avoids greenhouse gas emissions; and (B)(i) produces thermal energy from renewable energy resources (such as biomass, geothermal, and solar resources) and natural cooling sources (such as cold lake or ocean water sources); (ii) captures and productively uses thermal energy from an existing electric generation facility; (iii) provides for the capture and productive use of thermal energy in a new electric generation facility; (iv) integrates new electricity generation into an existing district energy system; (v) captures and productively uses surplus thermal energy from an industrial or municipal process (such as wastewater treatment); or (vi) distributes and transfers to buildings the thermal energy from the energy sources described in clauses (i) through (v). (8) Recoverable waste energy.--The term ``recoverable waste energy'' means electrical, thermal, or mechanical energy that-- (A) may be recovered or generated through modification of an existing facility or addition of a new facility; and (B) if not for that recovery, would be wasted. (9) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. THERMAL ENERGY EFFICIENCY FUND. (a) Establishment.--There is established in the Treasury a fund to be known as the ``Thermal Energy Efficiency Fund''. (b) Allocation.--If a program for the regulation of greenhouse gas emissions is established by Federal law (including regulations) for any of calendar years 2012 through 2050 and emission allowances are allocated under the program, the Administrator shall allocate to the Fund 2 percent of the quantity of emission allowances established for the calendar year. (c) Auctioning.--The Administrator shall auction all of the emission allowances allocated to the Fund for a calendar year under subsection (b). (d) Deposits.--The Administrator shall deposit all proceeds of auctions conducted pursuant to subsection (c), immediately on receipt of those proceeds, in the Fund. SEC. 5. GRANTS FOR QUALIFYING PROJECTS. (a) In General.--For each calendar year during which a program described in section 4(b) is in effect, the Secretary shall use amounts in the Fund, without further appropriation, to make competitive grants to eligible entities to carry out qualifying projects in accordance with this section, as determined by the Secretary. (b) Use Allocation.--Of the amount of grants that are made available for each of calendar years 2012 through 2050 under this section, the Secretary shall use-- (1) at least 75 percent of the amount to make grants to support infrastructure construction and development for qualifying projects; (2) at least 15 percent of the amount to make grants to support planning, engineering, and feasibility studies for qualifying projects; and (3) the remainder to make grants described in paragraph (1) or (2), as determined by the Secretary. (c) Recipient Allocation.--Of the amount of grants that are made available for each of calendar years 2012 through 2050 under this section, the Secretary shall use-- (1) at least 40 percent of the amount to make grants to institutional entities to carry out qualifying projects; (2) at least 40 percent of the amount to make grants to industrial and commercial entities to carry out qualifying projects; and (3) the remainder to make grants described in paragraph (1) or (2) or to fund qualifying projects carried out by Federal agencies or facilities, as determined by the Secretary. (d) Matching Requirements.--To be eligible to obtain a grant, a recipient (other than a Federal agency or facility) shall provide matching funds in an amount equal to at least-- (1) in the case of each of calendar years 2012 through 2017, 25 percent of the amount of the grant; and (2) in the case of each of calendar years 2018 through 2050, 50 percent of the amount of the grant. SEC. 6. COMBINED HEAT AND POWER. It is the goal of the United States that by calendar year 2030, 20 percent or more of the total electrical power capacity of the United States be met through combined heat and power.

Thermal Energy Efficiency Act of 2009 - Establishes in the Treasury a Thermal Energy Efficiency Fund. Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) allocate to the Fund 2% of the quantity of emission allowances established for any of calendar years 2012-2050 under any program for the regulation of greenhouse gas emissions that is established by federal law; (2) auction all of the emission allowances allocated to the Fund for a calendar year; and (3) deposit all proceeds of such auctions into the Fund. Directs the Secretary of Energy (DOE), for each calendar year during which such a program is in effect, to use amounts in the Fund to make competitive grants to eligible entities (including state and local governments, commercial or industrial entities, and federal agencies) to carry out qualifying district energy, combined heat and power, or recoverable waste energy projects. Establishes as a goal of the United States to meet 20% or more of total U.S. electrical power capacity through combined heat and power by calendar year 2030.

A bill to improve thermal energy efficiency and use, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saltville Heritage Area Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that Saltville and its environs possess-- (1) a remarkably rich natural and cultural heritage, including superlative examples of several themes of great interest to the general public and of marked historical and scientific significance; (2) waterways among the headwaters of the Cumberlandian Zoogeographic Province, which contains one of the oldest and most diverse freshwater aquatic faunas in North America; (3) stream and lacustrine sediments in Saltville Valley spanning at least the past 25,000 years and containing the most lengthy and best resolved known continuous record of biotic, hydrologic, and climatic change located in an open-air site in the middle Appalachians; (4) an archaeological record that spans at least the past 11,000 years, and probably 13,000-14,000 years, making this potentially one of the best resolved and oldest early man sites in North America; (5) a lengthy record of colonization and occupation by Euro-Americans moving south through the Valley of Virginia and into choice areas of the Valley and Ridge, so that the area contains a record of early settlement and land use in the area and of the transfer of cultural elements into the newly occupied region, and provides insight into the perceptions of these Euro-Americans regarding land and resources; (6) a 200-year industrial history that includes the development of a significant part of the technology of inland salt manufacture in North America, beginning with crude pioneering efforts in the latter half of the 18th century and continuing into the 1970's; (7) an industrial history that is intimately associated with the development of a rich and varied array of water- and land-based transportation systems; (8) a rare example of a relatively well-preserved fortified industrial center of the Civil War period, containing significant whole or partial examples of the industrial and defensive works; (9) well-preserved remnants of a company-managed industrial complex and town that developed from the late 19th through middle 20th centuries and that is representative of the American industrial age as expressed in rural America and the company town; (10) a legacy of environmental traumas that emanated from the industrial age, including excessively polluted waters and attendant depauperization of the aquatic biota, and expedient but devastating disposition of toxic wastes that led to the creation of an Environmental Protection Agency Superfund site; (11) sites affected by regulated land use changes that have produced some of the most noteworthy recent water quality improvements in Virginia; and (12) a beautiful setting incorporating landforms, waters, and biota that blend with, and in cases overwhelm, the cultural imprint on and near this tiny valley. SEC. 3. STATEMENT OF PURPOSE. It is the purpose of this Act to provide a management framework to assist the Commonwealth of Virginia, its units of local and regional government, and its citizens in the development and implementation of integrated cultural, historical, and recreational land resource management programs in order to retain, enhance, and interpret the significant features of the lands, water, and structures of the Saltville region in the Commonwealth of Virginia. SEC. 4. ESTABLISHMENT OF SALTVILLE HERITAGE AREA. There is hereby established in the Commonwealth of Virginia the Saltville Heritage Area (hereinafter in this Act referred to as the ``Area''). The Area shall consist of the area generally depicted on the map entitled ``The Saltville Area Master Plan'', numbered ____________, and dated ____________, which shall be on file and available for public inspection in the Office of the Director of the National Park Service. SEC. 5. MANAGEMENT PLAN. (a) Preparation of Plan.--The Saltville Foundation may submit a management plan (hereinafter in this Act referred to as the ``Plan'') to the Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary'') for the review and concurrence of the Secretary. The Plan shall be based on existing Federal, State, and local plans, and shall coordinate such plans and present an integrated plan for the protection, enhancement, and interpretation of the cultural, natural, scenic, and recreational resources of the Area. The Plan shall specify a management entity with respect to the Saltville Heritage Area. The Secretary is authorized to provide technical assistance in the preparation of the Plan. (b) Implementation.--If a Plan referred to in subsection (a) is submitted to the Secretary within 1 year after the date of the enactment of this Act, upon concurrence with the Plan, the Secretary is authorized to enter into cooperative agreements with the management entity specified in the Plan for the protection, enhancement, and interpretation of the resources identified in the Plan. SEC. 6. CONTINGENCY IF HERITAGE COMPACT NOT SUBMITTED. (a) In General.--The establishment of the Area under section 4 and the authorization of the Secretary under section 5(b) shall cease to be effective if, within 180 days after the date of the enactment of this Act, a Heritage Compact for the Area is not-- (1) submitted to the Secretary; (2) approved by the Secretary, after consultation with the Advisory Council on Historic Preservation in accordance with section 106 of the National Historic Preservation Act; and (3) submitted to the Congress, together with any comments that the Secretary deems appropriate. (b) Technical Assistance.--The Secretary may provide technical assistance to a unit of government or private nonprofit organization in the preparation of a Heritage Compact. (c) Definition of Heritage Compact.--For purposes of this section, the term ``Heritage Compact'' means a compact that-- (1) is prepared with public participation; (2) contains information relating to the objectives and management of the Area, including-- (A) a delineation of the boundaries of the Area; (B) a discussion of the goals and objectives of the Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the partners; (C) an identification and description of the management entity that will administer the Area; (D) a list of the initial partners to be involved in developing and implementing the management plan for the Area, as well as a statement of the financial commitment of such partners; and (E) a description of the role of the Commonwealth of Virginia regarding the Area; (3) outlines an implementation program that is be likely to be initiated within a reasonable time after the date of the enactment of this Act and that ensures effective implementation of the State and local aspects of the Plan; and (4) is accompanied by the comments of the Governor of the Commonwealth of Virginia. SEC. 7. DUTIES OF FEDERAL ENTITIES. Any Federal entity conducting or supporting activities directly affecting the Area shall-- (1) consult with the Secretary and the Saltville Foundation with respect to the activities; (2) cooperate with the Secretary and the Saltville Foundation with respect to the activities and, to the maximum extent practicable, coordinate the activities with the Secretary and the Saltville Foundation; and (3) to the maximum extent practicable, conduct or support the activities in a manner that will not have an adverse effect on the Area, as determined by the Secretary and the Saltville Foundation.

Saltville Heritage Area Act - Establishes the Saltville Heritage Area in Virginia. Authorizes the Saltville Foundation to submit an integrated management plan to the Secretary of Interior which shall provide for the protection, enhancement, and interpretation of the cultural, natural, scenic, and recreational resources of the Area. Requires the Plan to specify a management entity for the Area. Authorizes the Secretary, upon concurrence with the Plan, to enter into cooperative agreements with such entity. Ceases the establishment of the Area and such authorization of the Secretary if, within 180 days after the enactment of this Act, a Heritage Compact for the Area is not: (1) submitted to, and approved by, the Secretary; and (2) submitted to the Congress.

Saltville Heritage Area Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Pathology Services Continuity Act of 2007''. SEC. 2. PERMANENT TREATMENT OF CERTAIN PHYSICIAN PATHOLOGY SERVICES UNDER MEDICARE. Section 1848(i) of the Social Security Act (42 U.S.C. 1395w-4(i)) is amended by adding at the end the following new paragraph: ``(4) Treatment of certain physician pathology services.-- ``(A) In general.--With respect to services furnished on or after January 1, 2008, if an independent laboratory furnishes the technical component of a physician pathology service to a fee- for-service medicare beneficiary who is an inpatient or outpatient of a covered hospital, the Secretary shall treat such component as a service for which payment shall be made to the laboratory under this section and not as an inpatient hospital service for which payment is made to the hospital under section 1886(d) or as a hospital outpatient service for which payment is made to the hospital under section 1833(t). ``(B) Definitions.--In this paragraph: ``(i) Covered hospital.-- ``(I) In general.--The term `covered hospital' means, with respect to an inpatient or outpatient, a hospital that had an arrangement with an independent laboratory that was in effect as of July 22, 1999, under which a laboratory furnished the technical component of physician pathology services to fee-for-service medicare beneficiaries who were hospital inpatients or outpatients, respectively, and submitted claims for payment for such component to a carrier with a contract under section 1842 and not to the hospital. ``(II) Change in ownership does not affect determination.--A change in ownership with respect to a hospital on or after the date referred to in subclause (I) shall not affect the determination of whether such hospital is a covered hospital for purposes of such subclause. ``(ii) Fee-for-service medicare beneficiary.--The term `fee-for-service medicare beneficiary' means an individual who is entitled to (or enrolled for) benefits under part A, or enrolled under this part, or both, but who is not enrolled in any of the following: ``(I) A Medicare Advantage plan under part C. ``(II) A plan offered by an eligible organization under section 1876. ``(III) A program of all-inclusive care for the elderly (PACE) under section 1894. ``(IV) A social health maintenance organization (SHMO) demonstration project established under section 4018(b) of the Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203). ``(C) Reference.--For the treatment of certain physician pathology services furnished prior to January 1, 2008, see section 542 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as extended by-- ``(i) Centers for Medicare & Medicaid Services (CMS) Program Memorandum for Carriers (transmittal B-03-001), issued January 17, 2003; ``(ii) CMS Manual System, Publication 100- 20 One-Time Notification (transmittal 34), issued December 24, 2003; ``(iii) section 732 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003; and ``(iv) section 104 of division B of the Tax Relief and Health Care Act of 2006.''.

Physician Pathology Services Continuity Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services, with regard to a laboratory-furnished technical component of certain physician pathology services, to treat such component as a service for which payment shall be made to the laboratory, and not as an inpatient hospital or hospital outpatient service for which payment is made to the hospital.

To amend title XVIII of the Social Security Act to provide for the treatment of certain physician pathology services under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Energy Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) nuclear energy provides-- (A) approximately 19 percent of the electricity of the United States; and (B) approximately 70 percent of the carbon-dioxide free electricity of the United States; (2) nuclear energy has the lowest land-use requirements per megawatt of any electricity generating source; (3) the majority of the 104 operating reactors located in the United States were constructed during a 20-year time period beginning in 1970 and ending in 1990; and (4) a broader deployment of nuclear energy (including novel methods such as the development of small reactors and advanced fuel cycles) would greatly improve the ability of the United States-- (A) to reduce greenhouse gas emissions; and (B) to maintain low electricity prices. SEC. 3. REVISIONS TO LOAN GUARANTEE PROGRAM AUTHORITY. (a) Definition of Commercial Technology.--Section 1701(1) of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) Exclusion.--The term `commercial technology' does not include a technology if the sole use of the technology is in connection with-- ``(i) a demonstration project; or ``(ii) a project for which the Secretary approved a loan guarantee.''. (b) Subrogation.--Section 1702(g)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16512(g)(2)) is amended by striking subparagraphs (B) and (C) and inserting the following: ``(B) Superiority of rights.--Except as provided in subparagraph (C), the rights of the Secretary, with respect to any property acquired pursuant to a guarantee or related agreements, shall be superior to the rights of any other person with respect to the property. ``(C) Terms and conditions.--A guarantee agreement shall include such detailed terms and conditions as the Secretary determines appropriate to-- ``(i) protect the interests of the United States in the case of default; ``(ii) have available all the patents and technology necessary for any person selected, including the Secretary, to complete and operate the project; ``(iii) provide for sharing the proceeds received from the sale of project assets with other creditors or control the disposition of project assets if necessary to protect the interests of the United States in the case of default; and ``(iv) provide such lien priority in project assets as necessary to protect the interests of the United States in the case of a default.''. (c) Fees.--Section 1702(h) of the Energy Policy Act of 2005 (42 U.S.C. 16512(h)) is amended by striking paragraph (2) and inserting the following: ``(2) Availability.--Fees collected under this subsection shall remain available to the Secretary for expenditure, without further appropriation or fiscal year limitation, for administrative expenses incurred in carrying out this title. ``(3) Adjustment.--The Secretary may adjust the amount or manner of collection of fees under this title as the Secretary determines is necessary to promote, to the maximum extent practicable, eligible projects under this title. ``(4) Excess fees.--Of the amount of a fee imposed on an applicant at the conditional commitment stage, 75 percent of the amount shall be refundable to the applicant if there is no financial close on the application, unless the Secretary determines that the administrative costs of the Department have exceeded the amount retained. ``(5) Credit report.--If, in the opinion of the Secretary, the credit rating of an applicant is not relevant to the determination of whether or not support will be provided and the applicant agrees to accept the credit rating assigned to the applicant by the Secretary, the Secretary may waive any requirement to provide a third-party credit report.''. (d) Processing.--Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at the end the following: ``(k) Accelerated Reviews.--To the maximum extent practicable and consistent with sound business practices, the Secretary shall seek to conduct necessary reviews concurrently of an application for a loan guarantee under this title such that decisions as to whether to enter into a commitment on the application can be issued not later than 180 days after the date of submission of a completed application.''. (e) Eligible Projects.--Section 1703(b)(4) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)(4)) is amended by inserting ``(including nuclear power parts, services, and fuel suppliers)'' after ``energy facilities''. (f) Authorization of Appropriations.--Section 1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ``(b) Use of Funds.--Of the funds made available under subsection (a), not less than $10,000,000,000 shall be used to cover the costs of subsidies under this title.''. SEC. 4. NUCLEAR REGULATORY COMMISSION. (a) Sense of Congress Regarding Blue-Ribbon Panel for Development of Federal Nuclear Waste Policy.--It is the sense of Congress that Congress supports the convening by the President of a blue-ribbon panel for the development of a Federal nuclear waste policy. (b) Small Nuclear Reactor Design Development.--Section 952(c) of the Energy Policy Act of 2005 (42 U.S.C. 16272(c)) is amended by adding at the end the following: ``(3) Small nuclear reactor design development.-- ``(A) In general.--In carrying out the Program, in accordance with subparagraph (B), the Secretary shall offer to enter into cooperative agreements with reactor manufacturers and electric utilities to license nuclear reactors-- ``(i) the electrical power capacity of which are less than 350 megawatts per unit; or ``(ii) the thermal power capacity of which are less than 900 megawatts per unit. ``(B) Requirements.--In carrying out subparagraph (A), the Secretary shall-- ``(i) ensure that not more than 3 of the most technically and economically feasible designs will be submitted to the Nuclear Regulatory Commission for design certification and licensing; and ``(ii) with respect to a reactor, pay to the Nuclear Regulatory Commission 50 percent of any fees arising from-- ``(I) the design certification of the reactor; ``(II) the first early site permit for the reactor; and ``(III) the first combined operating license for the reactor. ``(C) Responsibility of nuclear regulatory commission.--Not later than 90 days after the date of receipt of an application for a design certification, early site permit, or combined operating license, the Nuclear Regulatory Commission shall submit to the appropriate committees of Congress a report regarding the status of the application. ``(D) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this paragraph $200,000,000 for each of fiscal years 2011 through 2015, to remain available until expended.''. (c) Construction and Operating Licences.--Section 182 of the Atomic Energy Act of 1954 (42 U.S.C. 2232) is amended by adding at the end the following: ``e. Nuclear Waste Confidence.--In considering applications for the construction and operation of a nuclear facility submitted to the Commission under section 103 or 104, the Commission shall consider that sufficient capacity will be available in a timely manner to dispose of spent nuclear fuel and high-level radioactive waste resulting from the operation of the nuclear facility that is the subject of the application.''. SEC. 5. FUNDING FOR WORKFORCE DEVELOPMENT AND RESEARCH. (a) Nuclear Workforce Education.-- (1) Authorization of appropriations.--There is authorized to be appropriated to the Secretary of Education to carry out the education of a nuclear workforce $100,000,000 for each of fiscal years 2011 through 2020, to remain available until expended. (2) Use of funds.--In using funds made available under paragraph (1), the Secretary of Education, in consultation with the Secretary of Labor and the Secretary of Energy, shall-- (A) carry out activities to educate and train craftsmen, engineers, operators, and other appropriate workers as determined to be necessary by the Secretary of Education to ensure an adequate nuclear workforce; and (B) make grants to develop educational and cooperative programs at-- (i) secondary schools, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and (ii) postsecondary institutions. (b) Nuclear Reactor Lifetime-Extension Research.--There is authorized to be appropriated to the Secretary of Energy to carry out nuclear reactor uprate and lifetime-extension research $50,000,000 for each of fiscal years 2011 through 2020, to remain available until expended. (c) Clean Energy Research and Development.-- (1) Authorization of appropriations.--There is authorized to be appropriated to the Secretary of Energy to carry out research and development activities to advance clean energy $750,000,000 for each of fiscal years 2011 through 2020, to remain available until expended. (2) Use of funds.--Of the funds made available under paragraph (1) for each of fiscal years 2011 through 2020-- (A) $150,000,000 shall be used for the research and development of liquid transportation biofuels other than ethanol; (B) $150,000,000 shall be used for the research and development of marketable-- (i) carbon dioxide capture, storage, or conversion; or (ii) beneficial reuses of carbon dioxide; (C) $150,000,000 shall be used for research and development to reduce the cost of batteries for electric vehicles; (D) $150,000,000 shall be used for research and development to make solar electricity cost-competitive with respect to traditional sources of electricity generation (including coal); and (E) $150,000,000 shall be used for research and development to recycle used nuclear fuel (including the research and development of Generation IV nuclear reactors that are designed to consume recycled nuclear fuel).

Clean Energy Act of 2009 - Amends the Energy Policy Act of 2005 to: (1) revise provisions of the loan guarantee program for innovative technologies relating to the definition of commercial technology, subrogation, and fees; and (2) direct the Secretary of Energy, in carrying out the Nuclear Power 2010 Program, to offer to enter into cooperative agreements with reactor manufacturers and electric utilities to license certain small nuclear reactors. Expresses the sense of Congress supporting the convening by the President of a blue-ribbon panel for the development of a federal nuclear waste policy. Authorizes appropriations for FY2011-FY2020 to carry out: (1) the education and training of a nuclear workforce; (2) nuclear reactor uprate and lifetime-extension research; and (3) clean energy research and development activities.

A bill to amend the Energy Policy Act of 2005 to create the right business environment for doubling production of clean nuclear energy and other clean energy and to create mini-Manhattan projects for clean energy research and development.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2015'' or the ``MERCY Act''. SEC. 2. JUVENILE SOLITARY CONFINEMENT. (a) In General.--Chapter 403 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 5043. Juvenile solitary confinement ``(a) Definitions.--In this section-- ``(1) the term `covered juvenile' means-- ``(A) a juvenile who-- ``(i) is being proceeded against under this chapter for an alleged act of juvenile delinquency; or ``(ii) has been adjudicated delinquent under this chapter; or ``(B) a juvenile who is being proceeded against as an adult in a district court of the United States for an alleged criminal offense; ``(2) the term `juvenile facility' means any facility where covered juveniles are-- ``(A) committed pursuant to an adjudication of delinquency under this chapter; or ``(B) detained prior to disposition or conviction; and ``(3) the term `room confinement' means the involuntary placement of a covered juvenile alone in a cell, room, or other area for any reason. ``(b) Prohibition on Room Confinement in Juvenile Facilities.-- ``(1) In general.--The use of room confinement at a juvenile facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a covered juvenile's behavior that poses a serious and immediate risk of physical harm to any individual, including the covered juvenile, is prohibited. ``(2) Juveniles posing risk of harm.-- ``(A) Requirement to use least restrictive techniques.-- ``(i) In general.--Before a staff member of a juvenile facility places a covered juvenile in room confinement, the staff member shall attempt to use less restrictive techniques, including-- ``(I) talking with the covered juvenile in an attempt to de-escalate the situation; and ``(II) permitting a qualified mental health professional to talk to the covered juvenile. ``(ii) Explanation.--If, after attempting to use less restrictive techniques as required under clause (i), a staff member of a juvenile facility decides to place a covered juvenile in room confinement, the staff member shall first-- ``(I) explain to the covered juvenile the reasons for the room confinement; and ``(II) inform the covered juvenile that release from room confinement will occur-- ``(aa) immediately when the covered juvenile regains self- control, as described in subparagraph (B)(i); or ``(bb) not later than after the expiration of the time period described in subclause (I) or (II) of subparagraph (B)(ii), as applicable. ``(B) Maximum period of confinement.--If a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others, the covered juvenile shall be released-- ``(i) immediately when the covered juvenile has sufficiently gained control so as to no longer engage in behavior that threatens serious and immediate risk of physical harm to himself or herself, or to others; or ``(ii) if a covered juvenile does not sufficiently gain control as described in clause (i), not later than-- ``(I) 3 hours after being placed in room confinement, in the case of a covered juvenile who poses a serious and immediate risk of physical harm to others; or ``(II) 30 minutes after being placed in room confinement, in the case of a covered juvenile who poses a serious and immediate risk of physical harm only to himself or herself. ``(C) Risk of harm after maximum period of confinement.--If, after the applicable maximum period of confinement under subclause (I) or (II) of subparagraph (B)(ii) has expired, a covered juvenile continues to pose a serious and immediate risk of physical harm described in that subclause-- ``(i) the covered juvenile shall be transferred to another juvenile facility or internal location where services can be provided to the covered juvenile without relying on room confinement; or ``(ii) if a qualified mental health professional believes the level of crisis service needed is not currently available, a staff member of the juvenile facility shall initiate a referral to a location that can meet the needs of the covered juvenile. ``(D) Spirit and purpose.--The use of consecutive periods of room confinement to evade the spirit and purpose of this subsection shall be prohibited.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 403 of title 18, United States Code, is amended by adding at the end the following: ``5043. Juvenile solitary confinement.''.

Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2015 or the MERCY Act Amends the federal criminal code to prohibit the use of room confinement at a juvenile facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a covered juvenile's behavior that poses a serious and immediate risk of physical harm to any individual, including such juvenile. Defines: (1) "room confinement" as the involuntary placement of a juvenile alone in a cell, room, or other area; and (2) "covered juvenile" as a juvenile who is being proceeded against for an alleged act of juvenile delinquency or who has been adjudicated delinquent under such provisions, or who is being proceeded against as an adult in U.S. district court for an alleged criminal offense. Requires a staff member of a juvenile facility: (1) before placing a covered juvenile in room confinement, to attempt to use less restrictive techniques, including talking with the juvenile in an attempt to de-escalate the situation; and (2) upon deciding to place such juvenile in room confinement, to inform the juvenile of the reasons for the confinement and that release will occur immediately when the juvenile regains self-control or otherwise within either 3 hours if the juvenile poses a serious and immediate risk of physical harm to others or 30 minutes if the juvenile poses a risk of physical harm only to himself or herself. Requires that if a covered juvenile continues to pose a serious and immediate risk of physical harm after the applicable maximum period of confinement has expired: (1) the juvenile shall be transferred to another juvenile facility or internal location where services can be provided without relying on room confinement; or (2) if a qualified mental health professional believes the level of crisis service needed is not currently available, a staff member of the juvenile facility shall initiate a referral to a location that can meet the juvenile's needs. Prohibits the use of consecutive periods of room confinement to evade the spirit and purpose of this Act.

MERCY Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S. National Security Protection Act of 2006''. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``Committee on Foreign Investment in the United States'' or ``CFIUS'' means the committee established by the President under Executive Order 11858, May 7, 1975, and any successor thereto; and (2) the term ``intelligence community'' has the same meaning as in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). SEC. 3. COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES. (a) CFIUS Membership.-- (1) Directors of national intelligence and central intelligence.--Notwithstanding any other provision of law, the Director of National Intelligence and the Director of Central Intelligence shall be members of the Committee on Foreign Investment in the United States. (2) Vice chairs.--The Secretary of Homeland Security and the Secretary of Defense shall serve as vice chairs of the Committee on Foreign Investment in the United States. (b) Subcommittee on Intelligence.--Not later than 30 days after the date of enactment of this Act, the President shall establish within the Committee on Foreign Investment in the United States a Subcommittee on Intelligence, which shall be-- (1) chaired by the Director of National Intelligence; and (2) comprised of the head of each member of the intelligence community. SEC. 4. SUBCOMMITTEE REVIEW OF CFIUS INVESTIGATIONS. Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended by adding at the end the following: ``(l) Intelligence Subcommittee Reviews of Investigations.-- ``(1) Pre-investigation review and comment.--The Subcommittee on Intelligence of the Committee on Foreign Investment in the United States shall-- ``(A) review information relating to a proposed merger, acquisition, or takeover, during the 15-day period following the date of receipt of such information, and before the commencement of any investigation under subsection (a) or (b); and ``(B) provide written comments on any determination by the President or CFIUS not to conduct an investigation under subsection (a). ``(2) Post-investigation review and comment.--The Subcommittee on Intelligence of the Committee on Foreign Investment in the United States shall-- ``(A) review each investigation conducted by the President or CFIUS under subsections (a) and (b); and ``(B) provide written comments on the results of each such investigation.''. SEC. 5. TREATMENT OF CRITICAL INFRASTRUCTURE AS AFFECTING NATIONAL SECURITY. Section 721(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(b)) is amended by inserting after ``commerce in the United States'' the following: ``, including any person that owns, controls, or operates any critical infrastructure, as defined in section 1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)),''. SEC. 6. CERTIFICATION OF NATIONAL SECURITY DETERMINATIONS. ``(m) Presidential or Chair Certification of Threat Determinations.-- ``(1) In general.--Notwithstanding any other provision of law, a final determination that an investigation under subsection (a) is not required with respect to a merger, acquisition, or takeover may be made only-- ``(A) by the President, in any case in which the President is acting on the President's own behalf under subsection (a); or ``(B) by the Secretary of the Treasury, with the concurrence of the Secretary of Homeland Security and the Secretary of Defense, in their respective capacities as chair and vice chairs of CFIUS, in any case in which CFIUS is acting as the President's designee under subsection (a). ``(2) Certifications required.-- ``(A) Presidential determinations.--In any instance in which the President is acting on his or her own behalf under subsection (a), the President shall certify in writing to a final determination that an investigation under subsection (a) is not required with respect to a merger, acquisition, or takeover, and such certification requirement may not be delegated to any person. ``(B) CFIUS determinations.--In any instance in which CFIUS is acting as the President's designee under subsection (a), the Secretary of the Treasury, the Secretary of Homeland Security, and the Secretary of Defense shall each certify in writing to a final determination that an investigation under subsection (a) is not required with respect to a merger, acquisition, or takeover, and such certification requirement may not be delegated to any person. ``(3) Nonconcurrence.--If there is not concurrence among the chair and vice chairs of CFIUS for purposes of paragraph (1)(B), the President shall make the final determination that an investigation under subsection (a) is not required with respect to a merger, acquisition, or takeover, and the President shall certify such determination in writing.''. SEC. 7. MANDATORY SUBMISSION OF INFORMATION. Section 721(c) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(c)) is amended-- (1) in the subsection heading, by striking ``Confidentiality of'' and inserting ``Submission of''; (2) by striking ``Any information or documentary material filed'' and inserting the following: ``(1) Required submissions.--Each person controlled by or acting on behalf of a foreign government or foreign person shall-- ``(A) notify the President or the President's designee in writing of any proposed merger, acquisition, or takeover of any United States critical infrastructure (as defined in section 1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e))); and ``(B) provide such information to the President or the President's designee with respect to such proposed transaction as may be necessary for purposes of this section. ``(2) Confidentiality of information.--Any information or documentary material filed, either voluntarily or under paragraph (1),''. SEC. 8. NOTICES OF REVIEWS AND INVESTIGATIONS AND QUARTERLY REPORTS REQUIRED. Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended by adding at the end the following: ``(n) Notices of Reviews and Investigations and Quarterly Reports to Congress.-- ``(1) Notices to congress.--The President or the President's designee shall notify the appropriate committees of Congress-- ``(A) not later than 15 days after the date of receipt of written notification of a proposed or pending merger, acquisition, or takeover described in subsection (a) or (b); and ``(B) at the commencement of each investigation under subsection (a) or (b). ``(2) Quarterly reports to congress.-- ``(A) In general.--The President shall, on a quarterly basis, submit to Congress a report on all mergers, acquisitions, and takeovers that were the subject of investigation or review under this section during the quarter, including any comments submitted under subsection (l)(2). ``(B) Form.--Each report required under subparagraph (A) may be submitted in unclassified form, and may contain a classified annex.''. SEC. 9. CFIUS AS PRESIDENT'S DESIGNEE UNDER DEFENSE PRODUCTION ACT. Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended by adding at the end the following: ``(o) Designee.--Notwithstanding any other provision of law, the President's designee for purposes of this section shall be the Committee on Foreign Investment in the United States, established by order of the President in Executive Order 11858, May 7, 1975 (in this section referred to as `CFIUS'), or any successor thereto.''.

U.S. National Security Protection Act of 2006 - Revises the structure of the Committee on Foreign Investment in the United States (CFIUS) to: (1) add the Director of National Intelligence and the Director of Central Intelligence as members; (2) designate the Secretaries of Homeland Security and of Defense as vice chairs; and (3) require the President to establish a Subcommittee on Intelligence. Amends the Defense Production Act of 1950 to charge the Subcommittee with the tasks of providing review and comment both before and after investigations authorized or required under the Act to determine the national security effects of mergers, acquisitions, and takeovers ("takeovers," for purposes of this Act) involving foreign persons or foreign government-controlled entities that could result in foreign control of persons engaged in interstate commerce. Includes ownership, control, or operation of critical infrastructure as interstate commerce activity that could affect national security. Requires certification by the President or by the chair of CFIUS (when CFIUS is acting as the President's designee) of a final determination not to proceed with an investigation by the President of a takeover action. Requires persons controlled by or acting on behalf of a foreign government or person to notify the President (or the President's designee) in writing of any proposed takeover of critical infrastructure, providing information necessary to assess national security effects. Requires notice to Congress within 15 days of such notification and at the commencement of an investigation. Requires the President to report quarterly to Congress on all takeovers that were subject to investigation or review during the quarter. Makes CFIUS the President's designee for purposes of the takeover investigation provisions.

A bill to add the heads of certain Federal intelligence agencies to the Committee on Foreign Investment in the United States, to require enhanced notification to Congress and for other purposes.

SECTION 1. CLEAN-FUEL VEHICLES USED BY ENTERPRISE ZONE BUSINESSES. (a) In General.--Part III of subchapter U of chapter 1 of the Internal Revenue Code of 1986 (relating to additional incentives for empowerment zones) is amended by redesignating subpart C as subpart D, by redesignating sections 1397B and 1397C as sections 1397C and 1397D, respectively, and by inserting after subpart B the following new subpart: ``Subpart C--Incentives For Clean-Fuel Vehicles ``Sec. 1397B. Incentives for clean-fuel vehicles. ``SEC. 1397B. INCENTIVES FOR CLEAN-FUEL VEHICLES. ``(a) Empowerment Zone Clean Fuels Credit.--For purposes of section 38, the amount of the empowerment zone clean fuels credit determined under this section for the taxable year is the sum of-- ``(1) the empowerment zone clean-fuel property credit, plus ``(2) the empowerment zone clean-burning fuel use credit. ``(b) Empowerment Zone Clean-Fuel Property Credit.-- ``(1) In general.--The empowerment zone clean-fuel property credit is the cost of-- ``(A) qualified clean-fuel vehicle property, and ``(B) qualified clean-fuel vehicle refueling property, paid or incurred for the taxable year by an eligible enterprise zone business. ``(2) Limitations.-- ``(A) Qualified clean-fuel vehicle property.--The cost which may be taken into account under paragraph (1)(A) with respect to any motor vehicle shall not exceed-- ``(i) $2,000 in the case of a motor vehicle not described in clause (ii) or (iii), ``(ii) $5,000 in the case of any truck or van with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds, or ``(iii) $50,000 in the case of-- ``(I) a truck or van with a gross vehicle weight rating greater than 26,000 pounds, or ``(II) any bus which has a seating capacity of at least 20 adults (not including the driver). ``(B) Qualified clean-fuel vehicle refueling property.-- ``(i) In general.--The aggregate cost which may be taken into account under paragraph (1)(B) with respect to qualified clean-fuel vehicle refueling property placed in service during the taxable year at a location shall not exceed the lesser of-- ``(I) $100,000, or ``(II) the cost of such property reduced by the amount described in clause (ii). ``(ii) Reduction for amounts previously taken into account.--For purposes of clause (i)(II), the amount described in this clause is the amount determined by adding-- ``(I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, plus ``(II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. ``(iii) Special rules.--For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. ``(c) Empowerment Zone Clean-Burning Fuel Use Credit.--The empowerment zone clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible enterprise zone business during the taxable year to propel qualified clean-fuel vehicle property. ``(d) Definitions.--For purposes of this section-- ``(1) Eligible enterprise zone business.--The term `eligible enterprise zone business' means-- ``(A) an enterprise zone business (as defined section 1397C) located within an empowerment zone that is within a nonattainment area (within the meaning of section 171 of the Clean Air Act), and ``(B) a trade or business located outside of an empowerment zone, but only with respect to qualified clean-fuel vehicle property used substantially within an empowerment zone that is within a nonattainment area (within the meaning of section 171 of the Clean Air Act). ``(2) Clean-burning fuel.--The term `clean-burning fuel' has the meaning given to such term by section 179A, except that such term includes compressed natural gas. ``(3) Qualified clean-fuel vehicle property.--The term `qualified clean-fuel vehicle property' has the meaning given to such term by section 179A(c) without regard to paragraph (3) thereof, except that such term does not include any motor vehicle that is propelled by a fuel that is not a clean-burning fuel. ``(4) Qualified clean-fuel vehicle refueling property.--The term `qualified clean-fuel vehicle refueling property' has the meaning given to such term by section 179A(d). ``(5) Gasoline gallon equivalent.--The term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(13) the empowerment zone clean fuels credit determined under section 1397B.''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end thereof the following new subsection: ``(d) Empowerment Zone Clean Fuels Expenses.--No deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 1397B.''. (d) 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 (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for empowerment zone clean fuels credit.-- ``(A) In general.--In the case of the empowerment zone clean fuels 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) subparagraph (A) 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 empowerment zone clean fuels credit). ``(B) Empowerment zone clean fuels credit.--For purposes of this subsection, the term `empowerment zone clean fuels credit' means the credit allowable under subsection (a) by reason of section 1397B.''. (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the empowerment zone clean fuels credit'' after ``employment credit''. (e) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end thereof the following new paragraph: ``(9) No carryback of empowerment zone clean fuels credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 1397B may be carried back to any taxable year ending before the date of the enactment of section 1397B.''. (f) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``, and'', and by adding after paragraph (7) the following new paragraph: ``(8) the empowerment zone clean fuels credit determined under section 1397B.''. (g) Conforming Amendments.-- (1) Paragraph (3) of section 1394(b) of such Code is amended by striking ``section 1397B'' each place it appears and inserting ``1397C''. (2) Paragraph (3) of section 1394(f) of such Code is amended by striking ``sections 1397B and 1397C'' and inserting ``sections 1397C and 1397D''. (3) Subsection (e) of section 1400 of such Code is amended by striking ``section 1397B'' and inserting ``section 1397C''. (4) Subsection (c) of section 1400B of such Code is amended by striking ``section 1397B'' both places it appears and inserting ``section 1397C''. (h) Clerical Amendments.-- (1) The table of subparts for part III of subchapter U of chapter 1 of such Code is amended by striking the last item and inserting the following: ``Subpart C. Incentives for clean-fuel vehicles. ``Subpart D. General provisions.''. (2) The table of sections for subpart D, as amended by paragraph (1) of this subsection, is amended to read as follows: ``Sec. 1397C. Enterprise zone business defined. ``Sec. 1397D. Qualified zone property defined.''. (i) Effective Date.--The amendments made by this section shall apply to costs paid or incurred after December 31, 1997.

Amends the Internal Revenue Code to establish, for the use of clean-fuel vehicles by enterprise zone businesses, an empowerment zone clean fuels credit equal to the sum of the: (1) empowerment zone clean-fuel property credit; and (2) empowerment zone clean-burning fuel use credit.

To amend the Internal Revenue Code of 1986 to provide additional incentives for the use of clean-fuel vehicles by enterprise zone businesses within empowerment zones.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating BDS Act of 2016''. SEC. 2. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL. (a) Authority To Divest.--Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the notice requirement of subsection (b) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in-- (1) an entity that the State or local government determines, using credible information available to the public, engages in a commerce-related or investment-related boycott, divestment, or sanctions activity targeting Israel; (2) a successor entity or subunit of an entity described in paragraph (1); or (3) an entity that owns or controls, is owned or controlled by, or is under common ownership or control with, an entity described in paragraph (1). (b) Notice Requirement.-- (1) In general.--A State or local government shall provide written notice to each entity to which a measure taken by the State or local government under subsection (a) is to be applied before applying the measure with respect to the entity. (2) Rule of construction.--Paragraph (1) shall not be construed to prohibit a State or local government from taking additional steps to provide due process with respect to an entity to which a measure is to be applied under subsection (a). (c) Nonpreemption.--A measure of a State or local government authorized under subsection (a) is not preempted by any Federal law. (d) Effective Date.--This section applies to any measure adopted by a State or local government before, on, or after the date of the enactment of this Act. (e) Rule of Construction.--Nothing in this section shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the ``McCarran-Ferguson Act''). (f) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (B) Exception.--The term ``assets'' does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (2) Boycott, divestment, or sanctions activity targeting israel.--The term ``boycott, divestment, or sanctions activity targeting Israel'' means any activity that is intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or persons doing business in Israel or in Israeli-controlled territories for purposes of coercing political action by, or imposing policy positions on, the Government of Israel. (3) Entity.--The term ``entity'' includes-- (A) any corporation, company, business association, partnership, or trust; and (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))). (4) Investment.--The term ``investment'' includes-- (A) a commitment or contribution of funds or property; (B) a loan or other extension of credit; and (C) the entry into or renewal of a contract for goods or services. (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. SEC. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) engage in any boycott, divestment, or sanctions activity targeting Israel described in section 2 of the Combating BDS Act of 2016.''.

Combating BDS Act of 2016 This bill authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit investment of its assets in: (1) an entity that such government determines, using credible information available to the public, engages in a commerce or investment-related boycott, divestment, or sanctions activity targeting Israel; or (2) an entity that owns or controls, is owned or controlled by, or is under common ownership or control with, such an entity. Such government shall provide written notice to such an entity before applying such a measure. Such a measure by a state or local government is not preempted by any federal law. The bill applies to any measure adopted by a state or local government before, on, or after the date of this Act's enactment. The bill amends the Investment Company Act of 1940 to prohibit any person from bringing any civil, criminal, or administrative action against any registered investment company, or any officer or employee thereof, based solely upon such company divesting from, or avoiding investing in, securities issued by persons that such company determines, using credible information available to the public, engage in any commerce or investment-related boycotts, divestments, or sanctions activities targeting Israel.

Combating BDS Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Children Comes First Act of 2007''. SEC. 2. FINDINGS. Section 402 of the Missing Children's Assistance Act (42 U.S.C. 5771) is amended to read as follows: ``SEC. 402. FINDINGS. ``The Congress finds that-- ``(1) each year thousands of children are abducted or removed from the control of a parent having legal custody without such parent's consent, under circumstances which immediately place the child in grave danger; ``(2) many missing children are at great risk of both physical harm and sexual exploitation; ``(3) in many cases, parents and local law enforcement officials have neither the resources nor the expertise to mount expanded search efforts; ``(4) abducted children are frequently moved from one locality to another, requiring the cooperation and coordination of local, State, and Federal law enforcement efforts; ``(5) growing numbers of children are the victims of child sexual exploitation, increasingly involving the use of new technology to access the Internet; ``(6) children may be separated from their parents or legal guardians as a result of national disasters such as hurricanes and floods; ``(7) sex offenders pose a threat to children; ``(8) the Office of Juvenile Justice and Delinquency Prevention administers programs under this Act through the Child Protection Division, including programs which prevent or address offenses committed against vulnerable children and which support missing children's organizations; and ``(9) a key component of such programs is the National Center for Missing and Exploited Children, which-- ``(A) serves as a national resource center and clearinghouse; ``(B) works in partnership with the Department of Justice, the Federal Bureau of Investigation, the United States Marshals Service, the Department of the Treasury, the Department of State, the Bureau of Immigration and Customs Enforcement, the United States Secret Service, the United States Postal Inspection Service, and many other agencies in the effort to find missing children and prevent child victimization; and ``(C) operates a national network, linking the Center online with each of the missing children clearinghouses operated by the 50 States, the District of Columbia, and Puerto Rico, as well as with international organizations, including Scotland Yard in the United Kingdom, the Royal Canadian Mounted Police, INTERPOL headquarters in Lyon, France, and others, which enable the Center to transmit images and information regarding missing and exploited children to law enforcement across the United States and around the world instantly.''. SEC. 3. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR. Section 404(b) of the Missing Children's Assistance Act (42 U.S.C. 5773(b)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) In general.--The Administrator shall annually make a grant to the Center, which shall be used to-- ``(A)(i) operate a national 24-hour toll-free telephone line by which individuals may report information regarding the location of any missing child, and request information pertaining to procedures necessary to reunite such child with such child's legal custodian; and ``(ii) coordinate the operation of such telephone line with the operation of the national communications system referred to in part C of the Runaway and Homeless Youth Act (42 U.S.C. 5714-11); ``(B) operate the official national resource center and information clearinghouse for missing and exploited children; ``(C) provide to State and local governments, and public and private nonprofit agencies, and individuals, information regarding-- ``(i) free or low-cost legal, restaurant, lodging, and transportation services that are available for the benefit of missing and exploited children and their families; and ``(ii) the existence and nature of programs being carried out by Federal agencies to assist missing and exploited children and their families; ``(D) coordinate public and private programs that locate, recover, or reunite missing children with their families; ``(E) disseminate, on a national basis, information relating to innovative and model programs, services, and legislation that benefit missing and exploited children; ``(F) based solely on reports received by the National Center for Missing and Exploited Children (NCMEC), and not involving any data collection by NCMEC other than the receipt of those reports, annually provide to the Department of Justice's Office of Juvenile Justice and Delinquency Prevention-- ``(i) the number of children nationwide who are reported to NCMEC as missing; ``(ii) the number of children nationwide who are reported to NCMEC as victims of non-family abductions; ``(iii) the number of children nationwide who are reported to NCMEC as victims of parental kidnappings; and ``(iv) the number of children recovered nationwide whose recovery was reported to NCMEC; ``(G) provide, at the request of State and local governments, and public and private nonprofit agencies, guidance on how to facilitate the lawful use of school records and birth certificates to identify and locate missing children; ``(H) provide technical assistance and training to law enforcement agencies, State and local governments, elements of the criminal justice system, public and private nonprofit agencies, and individuals in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children; ``(I) provide assistance to families and law enforcement agencies in locating and recovering missing and exploited children, both nationally and, in cooperation with the Department of State, internationally; ``(J) provide analytical support and technical assistance to law enforcement agencies through searching public records databases in locating and recovering missing and exploited children and helping to locate and identify abductors; ``(K) provide direct on-site technical assistance and consultation to law enforcement agencies in child abduction and exploitation cases; ``(L) provide forensic technical assistance and consultation to law enforcement and other agencies in the identification of unidentified deceased children through facial reconstruction of skeletal remains and similar techniques; ``(M) track the incidence of attempted child abductions in order to identify links and patterns, and provide such information to law enforcement agencies; ``(N) provide training and assistance to law enforcement agencies in identifying and locating non-compliant sex offenders; ``(O) facilitate the deployment of the National Emergency Child Locator Center to assist in reuniting missing children with their families during periods of national disasters; ``(P) operate a cyber tipline to provide online users and electronic service providers an effective means of reporting Internet-related child sexual exploitation in the areas of-- ``(i) possession, manufacture, and distribution of child pornography; ``(ii) online enticement of children for sexual acts; ``(iii) child prostitution; ``(iv) sex tourism involving children; ``(v) extrafamilial child sexual molestation; ``(vi) unsolicited obscene material sent to a child; ``(vii) misleading domain names; and ``(viii) misleading words or digital images on the Internet, and subsequently to transmit such reports, including relevant images and information, to the appropriate international, Federal, State or local law enforcement agency for investigation; ``(Q) work with law enforcement, Internet service providers, electronic payment service providers, and others on methods to reduce the distribution on the Internet of images and videos of sexually exploited children; ``(R) operate a child victim identification program in order to assist the efforts of law enforcement agencies in identifying victims of child pornography and other sexual crimes; and ``(S) develop and disseminate programs and information to the general public, schools, public officials, youth-serving organizations, and nonprofit organizations, directly or through grants or contracts with public agencies and public and private nonprofit organizations, on-- ``(i) the prevention of child abduction and sexual exploitation; and ``(ii) internet safety.''; and (2) in paragraph (2) by striking ``$20,000,000'' and all that follows through ``2008'', and inserting ``$40,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal years 2009 through 2013''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 408(a) of the Missing Children's Assistance Act (42 U.S.C. 5777(a)) is amended by striking ``2007 through 2008'' and inserting ``2008 through 2013''. SEC. 5. REPEALER. The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is amended-- (1) by striking section 407; and (2) by redesignating section 408 as section 407. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Protecting Our Children Comes First Act of 2007 - Amends the Missing Children's Assistance Act to: (1) revise, and expand the required uses for, the annual grant made to the National Center for Missing and Exploited Children (NCMEC) by the Office of Juvenile Justice and Delinquency Prevention; (2) reauthorize the missing children's assistance and the NCMEC grant programs through FY2013; and (3) repeal criteria for grants. Specifies additional mandatory uses of grants to NCMEC, including provision of: (1) annual reports to the Department of Justice's Office of Juvenile Justice and Delinquency Prevention on the numbers of children nationwide reported as missing, victims of non-family abductions, and victims of parental kidnappings, as well as those recovered; (2) analytical as well as onsite support and technical assistance to law enforcement agencies through searching public records databases in locating and recovering missing and exploited children and helping to locate and identify abductors; (3) forensic technical assistance and consultation to law enforcement and other agencies in the identification of unidentified deceased children; and (4) training and assistance to law enforcement agencies in identifying and locating non-compliant sex offenders. Requires the use of grants also to facilitate the deployment of the National Emergency Child Locator Center to assist in reuniting missing children with their families during periods of national disasters. Adds to the kinds of reports for which the cyber tipline shall be used. Requires NCMEC to use grant funds to: (1) work with law enforcement, Internet service providers, electronic payment service providers, and others on methods to reduce the distribution on the Internet of images and videos of sexually exploited children; (2) operate a child victim identification program to assist the efforts of law enforcement agencies in identifying victims of child pornography and other sexual crimes; and (3) develop and disseminate programs and information to the general public, schools, and other public officials and organizations on the prevention of child abduction and sexual exploitation, and Internet safety.

To amend the Missing Children's Assistance Act to authorize appropriations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Centers Assistance for Renovations and Expansion Act of 2010''. SEC. 2. CANCER CENTER CONSTRUCTION LOAN PROGRAM. The Social Security Act is amended by inserting after section 1897 the following new section: ``cancer center construction loan program ``Sec. 1897A. (a) Establishment.--The Secretary shall establish a loan program that provides loans to qualifying cancer centers (as defined in subsection (b)) for payment of the capital costs of projects for the improvement of research, prevention, or patient care infrastructure. ``(b) Qualifying Cancer Center and Other Definitions.--In this section: ``(1) The term `qualifying cancer center' means an entity that-- ``(A) is designated as a cancer center or comprehensive cancer center by the National Cancer Institute; or ``(B) is both a National Cancer Institute- designated comprehensive cancer center and a cancer hospital described in section 1886(d)(1)(B)(v). ``(2) The term `project for the improvement of research, prevention, or patient care infrastructure' means-- ``(A) the expansion, remodeling, renovating, or altering of an existing clinical, prevention, or research facility; or ``(B) the construction of a new clinical, prevention, or research facility. ``(3) The term `intended use' means the purposes for which the infrastructure improvements were made. ``(4) The term `shovel ready' means, with respect to a project, that construction of the project-- ``(A) has begun as of the date of the enactment of this section; or ``(B) is ready (subject only to the receipt of permits) to begin, and will begin, not later than 90 days after such date. ``(c) Application; Qualifications; Terms of Loans.-- ``(1) In general.--No loan may be provided under this section to a qualifying cancer center except pursuant to an application that is submitted and approved in a time, manner, and form specified by the Secretary. ``(2) Qualifications.--A loan may not be provided under this section for a project for a qualifying cancer center unless the applicant provides assurances satisfactory to the Secretary that-- ``(A) the project is a project for the improvement of research, prevention, or patient care infrastructure of the center; ``(B) the project is shovel ready; ``(C) the applicant will use the facility improved or resulting from the project for its intended use for a period of at least 20 years after completion of the project and has sufficient funds available to demonstrate effective use of such facility for its intended use; ``(D) sufficient funds will be available to meet the non-Federal share of the cost of the infrastructure improvement; and ``(E) the proposed infrastructure improvement will expand the applicant's capacity for research, prevention or patient care, or is necessary to improve or maintain the quality of the applicant's research, prevention, or patient care. ``(3) No further requirements.--The Secretary shall not promulgate any further requirements or restrictions on a qualifying cancer center to obtain assistance under this section other than those specified in this section. ``(4) Terms of loans.-- ``(A) In general.--Loans under this section shall be made consistent with the requirements of this section. ``(B) Interest rate.--The interest rate for loans provided under this section shall be at lowest of the following (as published or determined, as the case may be, as of the date of the enactment of this section): ``(i) Prime rate.--The bank prime loan rate posted by a majority of the largest 25 United States chartered commercial banks, as determined based on assets in domestic offices and as published by the Board of Governors of the Federal Reserve System. ``(ii) Minimum federal interest rate.--The minimum annual rate of interest determined under section 3717(a) of title 31, United States Code. ``(iii) Municipal market data rate.--The Municipal Market Data (MMD) rate for triple-A rated bonds with a 1-year maturity, as published by Thomson Financial Services. ``(C) Limitations on loans.--The maximum, aggregate amount of loans that may be made under this section (and for which reimbursement may be provided under subsection (d)(2)) for a qualifying cancer center is 75 percent of the total project costs, but not to exceed-- ``(i) $100,000,000 for a qualifying cancer center described in subsection (b)(1)(B); or ``(ii) $50,000,000 for any other qualifying cancer center. ``(d) Forgiveness; Reimbursement Alternative.-- ``(1) In general.--The Secretary may forgive repayment of a loan under this section to a qualifying cancer center described in subsection (b)(1)(B) if the center submits to the Secretary a written request for loan forgiveness under this paragraph and demonstrates that under the project for which the loan was made the center-- ``(A) has made reasonable depth and breadth of research activities in each of the three major areas of laboratory research, clinical research, and population- based research, with substantial transdisciplinary research that bridges these scientific areas; ``(B) has initiated and conducted investigator- initiated, early phase, innovative clinical trials; and ``(C) has performed community service, outreach, dissemination, and education and training of biomedical researchers and health care professionals. ``(2) Alternative of reimbursement of other loans.--The Secretary shall establish an alternative to making a loan and providing loan forgiveness under paragraph (1) under which a qualifying cancer center may elect to obtain a loan from a source other than under this section, and, in the event that it would otherwise qualify for loan forgiveness under paragraph (1), the Secretary shall provide for reimbursement for the amount of such loan. ``(e) Funding.-- ``(1) In general.--To carry out this section, there are appropriated out of amounts in the Treasury not otherwise appropriated, $900,000,000. ``(2) Administrative costs.--For the administration of this section, Secretary may not use more than $1,000,000 from the funds made available under paragraph (1) for fiscal years 2011 through 2013. ``(3) Availability.--Amounts appropriated under this section shall be available for obligation and obligated during the period beginning on October 1, 2010, and ending on September 30, 2013. ``(f) Report to Congress.--Not later than 3 years after the date of the enactment of this section, the Secretary shall submit to Congress a report on the projects for which loans are provided under this section (or reimbursement is provided under subsection (d)(2)) and a recommendation as to whether the Congress should authorize the Secretary to continue loans under this section beyond fiscal year 2013.''.

Cancer Centers Assistance for Renovations and Expansion Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish a program that provides loans to qualifying cancer centers for payment of the capital costs of projects for the improvement of research, prevention, or patient care infrastructure. Sets the maximum amount of such loans at: (1) $50 million for any cancer center or comprehensive cancer center designated by the National Cancer Institute; and (2) $100 million for any entity that is a National Cancer Institute-designated comprehensive cancer center and a cancer hospital meeting certain requirements for a subsection (d) hospital. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.)

To amend title XVIII of the Social Security Act to establish a cancer center construction loan program.

71, which recognized the United States ``national interest in helping to prevent and mitigate acts of genocide and other mass atrocities against civilians, and supporting and encouraging efforts to develop a whole of government approach to prevent and mitigate such acts''. (7) In 2012, President Obama, in Presidential Study Directive 10, which ordered the creation of the Atrocities Prevention Board, stated that he would ensure that the United States Government has the required structures, tools, and mechanisms to better prevent and respond to mass atrocities. (8) In February 2014, James Clapper, the Director of National Intelligence, stated in his annual national security threat assessment to Congress-- (A) ``The overall risk of mass atrocities worldwide will probably increase in 2014 and beyond.''; (B) ``Many countries at risk of mass atrocities will likely be open to influence to prevent or mitigate them.''; and (C) ``Much of the world will almost certainly turn to the United States for leadership to prevent and respond to mass atrocities.''. (9) The United States can strengthen its atrocity prevention and peacebuilding efforts by-- (A) supporting civil society which serves a central role in promoting nonviolent conflict resolution and supporting early warning; (B) enhancing cooperation and understanding among ethnic and religious groups, communities, and factions; (C) working with the international community to ensure shared responsibility by enhancing multilateral and regional mechanisms that seek to prevent genocide and mass atrocities; (D) promoting effective accountability mechanisms to deter individuals and entities that may incite or commit genocide or mass atrocities; and (E) implementing policies that hold accountable individuals and entities that incite or commit genocide or mass atrocities. SEC. 3. DEFINITIONS. In this Act: (1) Genocide.--The term ``genocide'' has the meaning given the term in Article II of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, opened for signature in Paris December 9, 1948. (2) Mass atrocity.--The term ``mass atrocity'' means large scale and deliberate acts of violence against civilians and includes crimes against humanity, ethnic cleansing, and war crimes. (3) Peacebuilding.--The term ``peacebuilding'' means nonviolent activities designed to prevent conflict through-- (A) addressing root causes of violence; (B) promoting sustainable peace; (C) delegitimizing violence as a dispute resolution strategy; (D) building capacity within society to peacefully manage disputes, including the capacity of governments to address citizen grievances; and (E) reducing vulnerability to triggers that may spark violence. SEC. 4. STATEMENT OF POLICY REGARDING GENOCIDE AND MASS ATROCITY PREVENTION. It is the policy of the United States-- (1) to regard the prevention of mass atrocities and genocide as a core national security interest and a core moral responsibility; (2) to mitigate threats to United States security by addressing the root causes of insecurity and violent conflict to prevent-- (A) the mass slaughter of civilians; (B) conditions that prompt internal displacement and the flow of refugees across borders; and (C) other violence that wreaks havoc on regional stability and livelihoods; (3) to enhance our Nation's capacity to prevent and address the drivers of mass atrocities and violent conflict as part of its humanitarian, development and strategic interests; (4) to create a Government-wide strategy to prevent and respond to the risk of genocide and mass atrocities by-- (A) strengthening the diplomatic, risk analysis and monitoring, strategic planning, early warning, and response capacities of the United States Government; (B) improving the use of foreign assistance to respond early, effectively, and urgently in order to address the root causes and drivers of violence, systemic patterns of human rights abuses, and mass atrocities; (C) supporting international atrocities prevention, conflict prevention, peacekeeping, and peacebuilding mechanisms; (D) supporting and strengthening local civil society, including human rights defenders and others working to help prevent and respond to atrocities, and protecting their ability to receive support from and partner with civil society at large; and (E) promoting financial transparency and enhancing anti-corruption initiatives as part of addressing a root cause of insecurity; and (5) to employ a variety of unilateral, bilateral, and multilateral means to prevent and respond to conflicts and mass atrocities by-- (A) placing a high priority on timely, preventive diplomatic efforts; and (B) exercising a leadership role in promoting international efforts to end crises peacefully. SEC. 5. ATROCITIES PREVENTION BOARD. (a) Establishment.--The President is authorized to establish an interagency Atrocities Prevention Board (referred to in this section as the ``Board''). (b) Leadership.--The President shall appoint a Chair of the Board, who shall-- (1) serve on the National Security Council staff with a rank no lower than Senior Director (Chair); and (2) report, through the National Security Advisor, to the President. (c) Responsibilities.--Under the direction of the Chair, the Board, either on its own or through such executive departments and agencies as may be appropriate, shall-- (1) meet regularly to ensure that atrocities and the risk of atrocities throughout the world are adequately considered and addressed; (2) oversee the development and execution of policies and tools to enhance the capacity of the United States to prevent and respond to atrocities worldwide; (3) monitor developments throughout the world that heighten the risk of atrocities; (4) analyze and closely review specific atrocity threats or situations of heightened concern; (5) identify any gaps in United States policies concerning regions or particular countries; (6) provide the President with recommendations and potential improvements to policies, programs, resources, and tools related to atrocity prevention and response; (7) conduct outreach, including regular consultations with representatives of nongovernmental organizations dedicated to atrocity prevention and response and other appropriate parties-- (A) to receive assistance for the Board's efforts to address emerging atrocity threats or situations and develop new or improved policies and tools; and (B) to provide an appropriate public understanding of the work of the Board; and (8) in carrying out paragraphs (1) through (7), focus on particular ways for the United States Government to develop, strengthen, and enhance its capabilities to-- (A) monitor, receive early warning of, and coordinate responses to potential atrocities; (B) deter and isolate perpetrators of atrocities through all available authorities; (C) promote accountability and deny impunity for perpetrators of atrocities, within the United States and throughout the world; (D) engage allies and partners, including the United Nations Office on Genocide Prevention and the Responsibility to Protect and other multilateral and regional institutions, to build capacities and mobilize action for preventing and responding to atrocities; (E) encourage the deployment of civilian advisors to prevent and respond to atrocities; (F) increase capacity and develop doctrine for the United States foreign service, civil service, armed services, development professionals, and other actors to engage in the full spectrum of atrocity prevention and response activities; (G) develop and implement tailored foreign assistance programs that address and mitigate the risks of atrocities; (H) ensure intelligence collection, analysis, and sharing of appropriate information; and (I) address any other issues that the Board determines to be appropriate. (d) Composition.--The Board shall be constituted as an interagency body composed of designated representatives, at the Assistant Secretary level or higher, of-- (1) the Department of State; (2) the United States Agency for International Development; (3) the Department of Defense; (4) the Department of Justice; (5) the Department of the Treasury; (6) the Department of Homeland Security; (7) the Central Intelligence Agency; (8) the Office of the Director of National Intelligence; (9) the United States Mission to the United Nations; (10) the Federal Bureau of Investigation; and (11) such other executive departments, agencies, or offices as the Chair may designate. (e) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the United States Agency for International Development, shall submit an unclassified report, with a classified annex if necessary, to the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that includes-- (1) an interagency review consisting of-- (A) an evaluation of the efficacy of current efforts based on United States and locally identified indicators, including capacities and constraints for Government-wide detection, early warning and response, information-sharing, contingency planning, and coordination of efforts to prevent and respond to situations of genocide, mass atrocities, and other mass violence, such as gender-based violence; (B) an assessment of the funding expended by relevant Federal agencies on atrocity prevention activities, including the legal, procedural, and resource constraints faced by the Department of State and the United States Agency for International Development throughout respective budgeting, strategic planning, and management cycles to support conflict and atrocity prevention activities in countries identified to be at risk of atrocities; (C) current annual global assessments of sources of instability, conflict, and mass atrocities; (D) recommendations to further strengthen United States capabilities described in subparagraph (A); and (E) consideration of analysis, reporting, and policy recommendations to prevent and respond to atrocities produced by civil society, academic, and other nongovernmental organizations and institutions; (2) recommendations to ensure shared responsibility by-- (A) enhancing multilateral mechanisms for preventing genocide and atrocities, including strengthening the role of international organizations and international financial institutions in conflict prevention, mitigation, and response; and (B) strengthening regional organizations; and (3) the implementation status of the recommendations contained in the interagency review described in paragraph (1). (f) Materials and Briefings.--The Chair and members of the Board shall-- (1) provide annual briefings to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and (2) provide briefings and materials, as appropriate, to the relevant congressional committees. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal years 2017, 2018, and 2019 to carry out this section. SEC. 6. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITY PREVENTION. Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) instruction on recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peacebuilding, mediation for prevention, and early action and response.''. SEC. 7. REPORT OF THE DIRECTOR OF NATIONAL INTELLIGENCE. The Director of National Intelligence should include, in his or her annual testimony to Congress on threats to United States national security-- (1) a review of countries and regions at risk of genocide and mass atrocities; and (2) whenever possible, specific mention of countries and regions at immediate risk of genocide and mass atrocities. SEC. 8. COMPLEX CRISES FUND. (a) Establishment.-- (1) In general.--There is established in the Treasury of the United States a fund, which shall be known as the ``Complex Crises Fund'' (referred to in this section as the ``Fund''), to enable the Administrator of the United States Agency for International Development to support programs and activities to prevent or respond to emerging or unforeseen foreign challenges and complex crisis overseas, including potential mass atrocities. (2) Transfers.--Notwithstanding any other provision of law, except section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d), the Secretary of the Treasury shall transfer to the Fund such sums as may be appropriated or otherwise made available for the purposes described in paragraph (1) and to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). Amounts transferred to the Fund shall remain available until expended. (b) Purposes of Assistance.--Amounts in the Fund may be expended-- (1) to mitigate or respond to emerging or unforeseen complex crises, including urgent humanitarian, political, social, or economic challenges that threaten stability in any country or region; (2) to counter the rise of violent conflict and instability; or (3) to advance the consolidation of peace and democracy. (c) Limitations.-- (1) In general.--Amounts in the Fund may not be expended for lethal assistance or to respond to natural disasters. (2) Administrative expenses.--Not more than 5 percent of the amounts in the Fund may be used for administrative expenses. (d) Congressional Notification.--Not later than 5 days before amounts from the Fund are obligated, the Administrator of the United States Agency for International Development shall submit notification of such obligation to-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. (e) Waiver.--The notification requirement under subsection (d) may be waived if-- (1) failure to do so would pose a substantial risk to human health or welfare; and (2) the congressional committees set forth in subsection (d)-- (A) are notified not later than 3 days after an obligation of funds; and (B) are provided with an explanation of the emergency circumstances that necessitated the waiver.

Genocide and Atrocities Prevention Act of 2016 This bill states that it is U.S. policy to regard the prevention of mass atrocities and genocide as a core national security interest and a core moral responsibility. The President may establish an interagency Atrocities Prevention Board, which shall: (1) ensure that atrocities and the risk of atrocities throughout the world are adequately considered and addressed, and (2) oversee the development and execution of policies and tools to enhance the capacity of the United States to prevent and respond to atrocities. The Foreign Service Act of 1980 is amended to provide for the training of Foreign Service Officers in conflict and atrocity prevention. The bill establishes in the Treasury the Complex Crises Fund to enable the U.S. Agency for International Development to support programs and activities to prevent or respond to emerging or unforeseen foreign challenges and complex crisis overseas, including potential mass atrocities.

Genocide and Atrocities Prevention Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helium Stewardship Act of 2012''. SEC. 2. DEFINITIONS. Section 2 of the Helium Act (50 U.S.C. 167) is amended-- (1) in paragraph (1), by striking the semicolon at the end and inserting a period; (2) in paragraph (2), by striking ``; and'' and inserting a period; and (3) by adding at the end the following: ``(4) Federal helium reserve.-- ``(A) In general.--The term `Federal Helium Reserve' means helium reserves owned by the United States. ``(B) Inclusions.--The term `Federal Helium Reserve' includes-- ``(i) the Cliffside Field helium storage reservoir; ``(ii) the federally owned helium pipeline system; and ``(iii) all associated infrastructure owned, leased, or managed under contract by the Secretary for storage, transportation, withdrawal, purification, or management of helium. ``(5) Low-btu gas.--The term `low-Btu gas' means a fuel gas with a heating value of less than 250 Btu per standard cubic foot measured as the higher heating value resulting from the inclusion of noncombustible gases, including nitrogen, helium, argon, and carbon dioxide.''. SEC. 3. SALE OF CRUDE HELIUM. Section 6 of the Helium Act (50 U.S.C. 167d) is amended to read as follows: ``SEC. 6. SALE OF CRUDE HELIUM. ``(a) Phase A: Business as Usual.-- ``(1) In general.--Subject to paragraph (2), the Secretary may offer for sale crude helium for Federal, medical, scientific, and commercial uses in such quantities, at such times, and under such conditions as the Secretary, in consultation with the helium industry, determines necessary to carry out this subsection with minimum market disruption. ``(2) Minimum quantity.--The Secretary shall offer for sale during each fiscal year under paragraph (1) a quantity of crude helium that is not less than the quantity of crude helium offered for sale by the Secretary during fiscal year 2012. ``(3) Purchase by federal agencies.--Federal agencies, and extramural holders of 1 or more Federal research grants, may purchase refined helium under this subsection for Federal, medical, and scientific uses from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. ``(4) Duration.--This subsection applies during the period-- ``(A) beginning on the date of enactment of the Helium Stewardship Act of 2012; and ``(B) ending on the date on which all amounts required to be repaid to the United States under this Act as of October 1, 1995, are repaid in full. ``(b) Phase B: Maximizing Total Recovery of Helium.-- ``(1) In general.--The Secretary may offer for sale crude helium for Federal, medical, scientific, and commercial uses in such quantities, at such times, and under such conditions as the Secretary, in consultation with the helium industry, determines necessary-- ``(A) to maximize total recovery of helium from the Federal Helium Reserve over the long term; ``(B) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve; ``(C) to respond to helium market supply and demand; ``(D) to give priority to meeting the helium demand of Federal users in event of any disruption to the Federal Helium Reserve; and ``(E) to carry out this subsection. ``(2) Purchase by federal agencies.--Federal agencies, and extramural holders of 1 or more Federal research grants, may purchase refined helium under this subsection for Federal, medical, and scientific uses from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. ``(3) Duration.--This subsection applies during the period-- ``(A) beginning on the day after the date described in subsection (a)(4)(B); and ``(B) ending on the date on which the volume of recoverable crude helium at the Federal Helium Reserve (other than privately owned quantities of crude helium stored temporarily at the Federal Helium Reserve under section 5 and this section) is 3,000,000,000 standard cubic feet. ``(c) Phase C: Access for Federal Users.-- ``(1) In general.--The Secretary may offer for sale crude helium for Federal uses (including medical and scientific uses) in such quantities, at such times, and under such conditions as the Secretary determines necessary to carry out this subsection. ``(2) Purchase by federal agencies.--Federal agencies, and extramural holders of 1 or more Federal research grants, may purchase refined helium under this subsection for Federal uses (including medical and scientific uses) from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. ``(3) Effective date.--This subsection applies beginning on the day after the date described in subsection (b)(3)(B). ``(d) Prices and Determinations.-- ``(1) In general.--Sales of crude helium by the Secretary shall be at prices established by the Secretary that approximate the crude helium price in the private market as of the date of the offer for sale. ``(2) Determination of sale price.--The Secretary may make a determination of the prices described in paragraph (1) using-- ``(A) a confidential survey of qualifying domestic helium sourcing transactions to which any holder of a contract with the Secretary for the acceptance, storage, and redelivery of crude helium in the Cliffside Field helium storage reservoir is a party; ``(B) current market crude helium prices inferred from any amount received by the Secretary from the sale or disposition of helium on Federal land under subsection (f); and ``(C) in consultation with the helium industry, the volume-weighted average cost among helium refiners, producers, and liquefiers, in dollars per thousand cubic feet, of converting gaseous crude helium into bulk liquid helium. ``(3) Authority of secretary.--The Secretary shall require all persons or entities that are parties to a contract with the Secretary for the acceptance, storage, and redelivery of crude helium to disclose, on a strictly confidential basis in dollars per thousand cubic feet, the weighted average price of all crude helium and bulk liquid helium purchased or processed by the persons in all qualifying domestic helium sourcing transactions during the fiscal year. ``(4) Qualifying domestic helium sourcing transactions.-- ``(A) In general.--In establishing the prices described in paragraph (1), the Secretary shall consider subparagraphs (B) and (C) to ensure a reasonable number of transactions. ``(B) Inclusions.--For the purposes of this subsection, qualifying domestic helium sourcing transactions include any new agreement in the United States for the purchase of at least 20,000,000 standard cubic feet of crude helium or liquid helium in the fiscal year in which the Secretary collects the data. ``(C) Exclusions.--For the purposes of this subsection, qualifying domestic helium sourcing transactions do not include-- ``(i) purchases of crude helium from the Secretary; or ``(ii) transactions at prices indexed to the posted crude helium price of the Secretary. ``(5) Use of information.--The Secretary may use the information gathered under this subsection to approximate the current fair market price for crude helium to ensure recovery of fair value for the taxpayers of the United States from sales of crude helium. ``(6) Protection of confidentiality.--The Secretary shall adopt such administrative policies and procedures that the Secretary considers necessary and reasonable to ensure robust protection of the confidentiality of data submitted by private persons. ``(e) Helium Production Fund.-- ``(1) In general.--All amounts received under this Act, including amounts from the sale of crude helium, shall be credited to the Helium Production Fund, which shall be available without fiscal year limitation for purposes considered necessary by the Secretary to carry out this subsection. ``(2) Capital investments and maintenance.--The Secretary may use funds credited to the Helium Production Fund to fund capital investments in upgrades and maintenance at the Federal Helium Reserve, including-- ``(A) well head maintenance at the Cliffside Field helium storage reservoir; ``(B) capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Field helium storage reservoir; ``(C) capital investments in maintenance and upgrades of equipment related to the storage, withdrawal, transportation, purification, and sale of crude helium at the Cliffside Field helium storage reservoir; and ``(D) any other scheduled or unscheduled maintenance of the Cliffside Field helium storage reservoir and helium pipeline. ``(3) Excess funds.--Any amounts in the Fund described in paragraph (1) that exceed the amounts that the Secretary determines to be necessary to carry out paragraph (1) and any contracts negotiated under this Act shall be paid to the Treasury and credited against the amounts required to be repaid to the Treasury under subsection (a). ``(f) Extraction of Helium From Deposits on Federal Land.--All amounts received by the Secretary from the sale or disposition of helium on Federal land shall be paid to the Treasury and credited against the amounts required to be repaid to the Treasury under subsection (a).''. SEC. 4. HELIUM RESOURCE ASSESSMENT, CONSERVATION RESEARCH, AND HELIUM-3 SEPARATION. The Helium Act is amended by striking section 15 (50 U.S.C. 167m) and inserting the following: ``SEC. 15. HELIUM GAS RESOURCE ASSESSMENT. ``Not later than 2 years after the date of enactment of the Helium Stewardship Act of 2012, the Secretary, acting through the Director of the United States Geological Survey, shall-- ``(1) in coordination with appropriate heads of State geological surveys-- ``(A) complete a national helium gas assessment that identifies and quantifies the quantity of helium, including the isotope helium-3, in each reservoir, including assessments of the constituent gases found in each helium resource, such as carbon dioxide, nitrogen, and natural gas; and ``(B) make available the modern seismic and geophysical log data for characterization of the Bush Dome Reservoir; ``(2) in coordination with appropriate international agencies and the global geology community, complete a global helium gas assessment that identifies and quantifies the quantity of the helium, including the isotope helium-3, in each reservoir; ``(3) in coordination with the Secretary of Energy, acting through the Administrator of the Energy Information Administration, complete-- ``(A) an assessment of trends in global demand for helium, including the isotope helium-3; ``(B) a 10-year forecast of domestic demand for helium across all sectors, including scientific and medical research, manufacturing, space technologies, cryogenics, and national defense; and ``(C) an inventory of medical, scientific, industrial, commercial, and other uses of helium in the United States, including Federal and commercial helium uses, that identifies the nature of the helium use, the amounts required, the technical and commercial viability of helium recapture and recycling in that use, and the availability of material substitutes wherever possible; and ``(4) 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 describing the results of the assessments required under this paragraph. ``SEC. 16. LOW-BTU GAS SEPARATION AND HELIUM CONSERVATION RESEARCH AND DEVELOPMENT. ``(a) Authorization.--The Secretary of Energy shall support programs of research, development, commercial application, and conservation (including the programs described in subsection (b))-- ``(1) to expand the domestic production of low-Btu gas and helium resources; ``(2) to separate and capture helium from natural gas streams at the wellhead; and ``(3) to reduce the venting of helium and helium-bearing low-Btu gas during natural gas exploration and production. ``(b) Programs.-- ``(1) Membrane technology research.--The Secretary of Energy, in consultation with other appropriate agencies, shall support a civilian research program to develop advanced membrane technology that is used in the separation of low-Btu gases, including technologies that remove helium and other constituent gases that lower the Btu content of natural gas. ``(2) Helium separation technology.--The Secretary of Energy shall support a research program to develop technologies for separating, gathering, and processing helium in low concentrations that occur naturally in geological reservoirs or formations, including-- ``(A) low-Btu gas production streams; and ``(B) technologies that minimize the atmospheric venting of helium gas during natural gas production. ``(3) Industrial helium program.--The Secretary of Energy, working through the Industrial Technologies Program of the Department of Energy, shall carry out a research program-- ``(A) to develop low-cost technologies and technology systems for recycling, reprocessing, and reusing helium; and ``(B) to develop industrial gathering technologies to capture helium from other chemical processing, including ammonia processing. ``SEC. 17. HELIUM-3 SEPARATION. ``(a) Interagency Cooperation.--The Secretary shall cooperate with the Secretary of Energy, or a designee, on any assessment or research relating to the extraction and refining of the isotope helium-3 from crude helium at the Federal Helium Reserve or along the helium pipeline system, including-- ``(1) gas analysis; ``(2) infrastructure studies; and ``(3) cooperation with private helium refiners. ``(b) Feasibility Study.--The Secretary, in consultation with the Secretary of Energy, or a designee, may carry out a study to assess the feasibility of establishing a facility to separate the isotope helium-3 from crude helium at-- ``(1) the Federal Helium Reserve; or ``(2) an existing helium separation or purification facility connected to the helium pipeline system. ``(c) Report.--Not later than 1 year after the date of enactment of the Helium Stewardship Act of 2012, 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 that contains a description of the results of the assessments conducted under this section.''. SEC. 5. MISCELLANEOUS. Section 102 of the Soda Ash Royalty Reduction Act of 2006 (30 U.S.C. 262 note; Public Law 109-338) is amended by striking ``5-year'' and inserting ``7-year''.

Helium Stewardship Act of 2012 - Amends the Helium Act to name all U.S.-owned helium reserves the Federal Helium Reserve, including: (1) the Cliffside Field helium storage reservoir; (2) the federally owned helium pipeline system; and (3) all associated infrastructure owned, leased, or managed under contract by the Secretary of the Interior for helium storage, transportation, withdrawal, purification, or management. Revises the authority of the Secretary of the Interior (Secretary) to offer crude helium for sale for federal, medical, scientific, and commercial uses, dividing such sales into three phases the second of which is to maximize total recovery of helium from the Reserve. Authorizes extramural holders of federal research grants, as well as federal agencies, to purchase refined helium for federal uses, including medical and scientific uses, from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. Replaces the current formula for determining the price of helium with guidelines referring to current market crude helium prices. Directs the Secretary, acting through the Director of the U.S. Geological Survey, to undertake a national helium gas assessment. Directs the Secretary of Energy (DOE) to support research, development, commercial application, and conservation programs to: (1) expand domestic production of low-Btu gas and helium resources, (2) separate and capture helium from natural gas streams at the wellhead, and (3) reduce venting helium and helium-bearing low-Btu gas during natural gas operations. Instructs the Secretary of Energy to support or carry out directly research programs to develop: (1) advanced membrane technology, (2) helium separation technology, and (3) low-cost technologies and technology systems for recycling, reprocessing, and reusing helium (industrial helium program). Directs the Secretary of the Interior to cooperate with the Secretary of Energy on any assessment or research regarding extraction and refinement of the isotope helium-3 from crude helium at the Reserve or along the helium pipeline system. Amends the Soda Ash Royalty Reduction Act of 2006 to extend from 5 to 7 years the reduced royalty rate on soda ash produced from federal land.

A bill to amend the Helium Act to ensure the expedient and responsible draw-down of the Federal Helium Reserve in a manner that protects the interests of private industry, the scientific, medical, and industrial communities, commercial users, and Federal agencies, and for other purposes.

SECTION 1. NATIONAL MILITARY FAMILY RELIEF FUND TO ASSIST FAMILIES OF MEMBERS OF THE ARMED FORCES WHO ARE SERVING IN, OR HAVE SERVED IN, IRAQ OR AFGHANISTAN. (a) In General.--Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1781b the following new section: ``Sec. 1781c. National Military Family Relief Fund to assist military families ``(a) Establishment.--There is established in the Treasury a fund, which shall be known as the `National Military Family Relief Fund' (in this section referred to as the `Fund'). ``(b) Credits to Fund.--There are hereby appropriated to the Fund in each fiscal year an amount equal to the amounts designated for deposit in the Fund under section 6098 of the Internal Revenue Code of 1986 in the taxable year ending in that fiscal year. ``(c) Use of Fund.--The Secretary of Defense shall use amounts in the Fund, without further specific authorization in law, to make grants to members of the Armed Forces who are serving in, or have served in, Iraq or Afghanistan to assist the families of such members. ``(d) Grant Criteria.--The Secretary of Defense shall prescribe the criteria under which grant applications will be solicited and grants will be made and the purposes for which grants may be used.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1781b the following new item: ``1781c. National Military Family Relief Fund to assist military families.''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO NATIONAL MILITARY FAMILY RELIEF FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO NATIONAL MILITARY FAMILY RELIEF FUND ``Sec. 6098. Designation to National Military Family Relief Fund. ``SEC. 6098. DESIGNATION TO NATIONAL MILITARY FAMILY RELIEF FUND. ``(a) In General.--Every individual (other than a nonresident alien), with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1-- ``(1) whose adjusted income tax liability for the taxable year is $1 or more may designate that a specified portion (not less than $1) of any overpayment of tax shall be paid over to, and ``(2) in addition to any payment of income tax liability, may make a contribution of an additional amount which shall be paid over to, the National Military Family Relief Fund, established under section 1781c of title 10, United States Code. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation and Contribution.--A designation and contribution under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(d) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as-- ``(1) 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, and ``(2) a contribution made by such taxpayer on such date to the United States.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX--Designation of Income Tax Payments to National Military Family Relief Fund ``Sec. 6098. Designation to National Military Family Relief Fund.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Establishes in the Treasury the National Military Family Relief Fund to make grants to Armed Forces members who are serving, or have served, in Iraq or Afghanistan to assist the families of such members. Amends the Internal Revenue Code to: (1) allow every individual taxpayer to designate $1 or more of any overpayment to be paid to the Fund; and (2) in addition to any payment of income tax liability, make a contribution of an additional amount which shall be paid over to the Fund.

To amend title 10, United States Code, to authorize taxpayers to designate a portion of their income tax payments to a National Military Family Relief Fund to be used by the Secretary of Defense to assist the families of members of the Armed Forces who are serving in, or have served in, Iraq or Afghanistan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonel Charles Young Home National Historical Site Study Act''. SEC. 2. STUDY AND REPORT ON THE COLONEL CHARLES YOUNG HOME AND ASSOCIATED LOCATIONS AND ENTITIES. (a) Study.-- (1) In general.--The Secretary of the Interior, in consultation with the Secretary of the Army, shall conduct a study of the study area, as defined in section 4(2), to assess its national significance and the suitability and feasibility of including it as a unit of the National Park System. (2) Requirements of study.--In conducting the study, the Secretary shall-- (A) comply with section 8(c) of the National Park System General Authorities Act (16 U.S.C. 1a-5(c)); (B) consult with interested Federal, State, tribal, and local officials, representatives of civic organizations, and members of the public; (C) consider in the evaluation conducted pursuant to section 8(c)(3)(B) of such Act (16 U.S.C. 1a- 5(c)(3)(B)), in consultation with the Secretary of the Army, an affiliation of the study area with the National Museum of the United States Army, the Buffalo Soldiers National Museum, or other entities associated with Colonel Charles Young, as determined by the Secretary of the Interior, in order to focus on the life of Colonel Charles Young and the African-American military experience; (D) investigate the historical relationship of the Colonel Charles Young Home with the Underground Railroad by methods including-- (i) consideration of available historical documentation; and (ii) completion of architectural and archeological investigations of the Colonel Charles Young Home; and (E) consider research in existence on the date of the enactment of this Act, as well as original research conducted as a part of the study authorized by this subsection, on the historical significance and feasibility of preserving and interpreting the study area. (b) Report.--Notwithstanding section 8(c)(1) of the National Park System General Authorities Act (16 U.S.C. 1a-5(c)(1)), within 2 complete fiscal years after the date on which funds are made available to carry out the study required by subsection (a) of this section, the Secretary shall submit to Congress a report that describes the findings of the study and the conclusions and recommendations of the Secretary relating to-- (1) the inclusion of the study area as a unit of the National Park System; and (2) if the Secretary concludes that the study area meets the criteria for inclusion, the affiliation of the new unit of the National Park System with the entities referred to in subsection (a)(2)(C). SEC. 3. INCLUSION OF THE COLONEL CHARLES YOUNG HOME AND ASSOCIATED LOCATIONS AS A UNIT OF THE NATIONAL PARK SYSTEM AND AFFILIATION OF ASSOCIATED ENTITIES WITH SUCH UNIT. (a) Inclusion.--If the Secretary concludes in the report required by section 2(b) that the study area meets the criteria for inclusion as a unit of the National Park System-- (1) the study area shall be included as a unit of the National Park System; and (2) not later than 30 days after such inclusion, the Secretary shall publish in the Federal Register a notice that the study area has been included as a unit of the National Park System. (b) Affiliation.--If the study area is included as a unit of the National Park System under subsection (a) and the Secretary recommends in the report required by section 2(b) an affiliation of such unit with the entities referred to in section 2(a)(2)(C), the Secretary may take the action necessary to implement such an affiliation. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Secretary.--Unless otherwise indicated, the term ``Secretary'' means the Secretary of the Interior. (2) Study area.--The term ``study area'' means the following: (A) The colonel charles young home.--The Colonel Charles Young Home, a National Historic Landmark located in Xenia, Ohio. (B) The united states cavalry museum.--The United States Cavalry Museum located at Fort Riley, Kansas. (C) The frontier army museum.--The Frontier Army Museum located at Fort Leavenworth, Kansas. (D) The fort huachuca historical museum.--The Fort Huachuca Historical Museum located at Fort Huachuca, Arizona. (E) The presidio army museum.--The Presidio Army Museum located in San Francisco, California. (F) Other associated locations.--Any other location associated with Colonel Charles Young, as determined by the Secretary.

Colonel Charles Young Home National Historical Site Study Act - Directs the Secretary of the Interior, in consultation with the Secretary of the Army, to conduct a study of the Colonel Charles Young Home, a National Historic Landmark in Xenia, Ohio, and associated locations and museums (the study area) to assess its national significance and the suitability and feasibility of including it as a unit of the National Park System. Requires the Secretary, if the study area meets the criteria for inclusion, to include it as a unit of the System. Provides for: (1) the consideration of an affiliation of the study area with the National Museum of the United States Army, the Buffalo Soldiers National Museum, or other entities associated with Colonel Charles Young in order to focus on his life and the African-American military experience; and (2) an investigation of the historical relationship of the Colonel Charles Young Home with the Underground Railroad.

To direct the Secretary of the Interior to conduct a study of the Colonel Charles Young Home in Xenia, Ohio, and other associated locations to determine if those locations should be included as a unit of the National Park System, to include those locations if the Secretary concludes that they meet the criteria for inclusion, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intelligence Authorization Act for Fiscal Year 2015''. TITLE I--INTELLIGENCE ACTIVITIES SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2015 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 Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. (a) Specifications of Amounts and Personnel Levels.--The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2015, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany the bill H.R. __ of the One Hundred Thirteenth Congress. (b) Availability of Classified Schedule of Authorizations.-- (1) Availability.--The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the president.--Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations, or of appropriate portions of the Schedule, within the executive branch. (3) Limits on disclosure.--The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except-- (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a)); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. (a) Authority for Increases.--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 of positions authorized for fiscal year 2015 by the classified Schedule of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under such Schedule for such element. (b) Treatment of Certain Personnel.--The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment in-- (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long-term, full-time training. (c) Notice to Congressional Intelligence Committees.--The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to each exercise of an authority described in subsection (a). 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 2015 the sum of $__________. 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, 2016. (b) Authorized Personnel Levels.--The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized __ positions as of September 30, 2015. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence 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 authorized to be appropriated for the Community Management Account for fiscal year 2015 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, 2016. (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, 2015, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). 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 2015 the sum of $__________. 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 2015 - Authorizes FY2015 appropriations for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence (DNI); (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) Coast Guard; (8) Departments of State, the Treasury, Energy (DOE), and Justice (DOJ); (9) Federal Bureau of Investigation (FBI); (10) Drug Enforcement Administration (DEA); (11) National Reconnaissance Office; (12) National Geospatial-Intelligence Agency; and (13) Department of Homeland Security (DHS). Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2015, for such activities are those in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President. Allows the DNI, with the approval of the Office of Management and Budget (OMB), to authorize employment of civilian personnel in excess of the number authorized for FY2015 when necessary for the performance of important intelligence functions. Requires notification to the intelligence committees on the use of such authority. Requires the DNI to establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment in: (1) a student or trainee program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. Authorizes appropriations for the Intelligence Community Management Account for FY2015, as well as for personnel positions for elements within such Account. Authorizes appropriations for FY2015 for the Central Intelligence Agency Retirement and Disability Fund. Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law. Prohibits the authorization of appropriations by this Act from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or laws of the United States.

Intelligence Authorization Act for Fiscal Year 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforming, Accelerating, and Protecting Interstate Design (RAPID) Act''. SEC. 2. INNOVATIVE SURFACE TRANSPORTATION FINANCING AND CONTRACTING METHODS. (a) Definitions.--Section 101 of title 23, United States Code, is amended-- (1) by redesignating paragraphs (28) through (37) as paragraphs (30) through (39), respectively; (2) by redesignating paragraphs (5) through (27) as paragraphs (6) through (28), respectively; (3) by inserting after paragraph (4) the following: ``(5) Donor state.--The term `donor State' means a State that receives in a fiscal year a percentage of total apportionments and allocations to all States from the Highway Account of the Highway Trust Fund that is less than the percentage attributable to highway users in that State of the total estimated tax payments into the Account by highway users in all States in the most recent fiscal year for which data is available.''. (4) by inserting after paragraph (28) (as so redesignated) the following: ``(29) Recipient state.--The term `recipient State' means a State that receives in a fiscal year a percentage of total apportionments and allocations to all States from the Highway Account of the Highway Trust fund that is equal to or greater than the percentage attributable to highway users in that State of the total estimated tax payments into the Account by highway users in all States in the most recent fiscal year for which data is available.''. (b) Design-Build Contracting Procedures.--Section 112(b)(3) of title 23, United States Code, is amended-- (1) in subparagraph (A)-- (A) by inserting after ``subparagraph (C)'' the following: ``, or a multimodal transportation project described in subparagraph (E),''; and (B) by inserting before the period at the end the following: ``, including the acceptance of unsolicited proposals if permitted by applicable State and local law''; (2) in subparagraph (D) by inserting after ``contractor,'' the following: ``and that may authorize the contractor to prepare any environmental impact assessments and analyses required for a project,''; and (3) by adding at the end the following: ``(E) Multimodal transportation project.--A multimodal project referred to in subparagraph (A) and subsection (g) is a project under this chapter that-- ``(i) is located within the boundaries of a donor State; ``(ii) is within a network of interconnected corridors; ``(iii) is privately financed, in whole or in part; and ``(iv) contains multiple transportation modes, including highway and rail and utility corridors.''. (c) Environmental Procedures.--Section 112(g) of title 23, United States Code, is amended-- (1) by inserting ``and construction work'' after ``design work''; (2) by striking ``(g) Selection Process.--'' and inserting the following: ``(g) Environmental Procedures.-- ``(1) Selection process.--''; and (3) by adding at the end the following: ``(2) Special rule for donor states.--A donor State may authorize a consultant under a contract for a multimodal transportation project described in subsection (b)(3)(E) to prepare an environmental impact assessment or analysis, including an environmental impact statement, relating to a segment of the project of less than independent utility and without logical termini. The contract may provide for the simultaneous-- ``(A) design and construction of a segment for which the environmental assessment or analysis has been completed; and ``(B) the environmental assessment or analysis of an adjoining segment of the project.''. (d) Waiver of Non-Federal Share.--Section 120 of title 23, United States Code, is amended by adding at the end the following: ``(m) Increased Federal Share in Certain States.--Notwithstanding any other provision of this title, the Federal share payable on account of any project or activity being carried out under this title within the boundaries of a donor State may amount to 100 percent of the cost of such project or activity.''. (e) Tolling of Interstate System.--Section 129(a)(1) of title 23, United States Code, is amended in each of subparagraphs (A) and (D) by inserting after ``System'' the following: ``within the boundaries of a recipient State''. (f) Use of Toll Revenues.--Section 129(a)(3) of title 23, United States Code, is amended by adding at the end the following: ``This paragraph does not apply to a donor State.''. (g) Applicability of Toll Restrictions.--Section 129 of title 23, United States Code, is further amended by adding at the end the following: ``(d) Repayment of Federal Share.-- ``(1) In general.--Notwithstanding any other provision of this title, the total amount of funds paid from the Highway Account of the Highway Trust Fund to a State for construction of a highway, bridge, or tunnel within the boundaries of that State may be repaid to the Secretary. ``(2) Deposit of credit.--The Secretary shall deposit amounts repaid by a State under this subsection into the Highway Account and credit such amount to the unobligated balance of Federal-aid highway funds available to the State for the same class of funds last apportioned or allocated to the State for construction of the highway, bridge, or tunnel. The amount so credited shall be in addition to all other funds then apportioned or allocated to the State during the fiscal year for which the credit is received and shall be available for expenditure by the State in accordance with the provisions of this title. ``(3) Deregulation.--Upon the repayment under this subsection of all Federal-aid highway funds expended by a State for construction of a highway, bridge, or tunnel, the highway, bridge, or tunnel-- ``(A) shall be removed by the Secretary from all Federal-aid highway programs; ``(B) shall not be subject to any other provision of this title, including any regulation issued to carry out this title; and ``(C) may be operated and maintained by a public authority having jurisdiction over the highway, bridge, or tunnel under applicable State or local law.''. (h) Regulations.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue regulations to carry out the amendments made by this section. (2) Contents.--The regulations, at a minimum, shall-- (A) identify the criteria to be used by the Secretary in approving a contract under which the contractor is responsible for preparing any environmental impact assessments and analyses required for a project, as well as the design and construction of the project; (B) identify the criteria to be used by the Secretary in approving a contract that otherwise includes work preliminary to the final design of a project that will be carried out under such section before compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332); and (C) establish procedures to be followed by a State transportation department or local transportation agency in the use of design-build contracting procedures allowed under applicable State or local law.

Reforming, Accelerating, and Protecting Interstate Design (RAPID) Act - Authorizes a State transportation department or local transportation agency to award a multimodal transportation project that is located within the boundaries of a donor State (a State that receives a percentage of Highway Trust Fund apportionments and allocations that is less than the percentage attributable to tax payments from highway users in that State), that is within a network of interconnected corridors, that is privately financed, and that contains multiple transportation modes (including highway and rail and utility corridors), using any procurement process permitted by applicable State and local law. Allows a donor State to authorize a consultant under a contract for such a project to prepare an environmental impact assessment relating to a segment of the project of less than independent utility and without logical termini. Increases the Federal cost share of certain activities carried out within a donor State. Makes a limitation on the use of toll revenues inapplicable to a donor State. Allows the total amount of funds paid from the Highway Account to a State for construction of a highway, bridge, or tunnel within the boundaries of that State to be repaid to the Secretary of Transportation.

To amend title 23, United States Code, to provide increased flexibility to donor States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air and Health Quality Empowerment Zone Designation Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to establish criteria through the use of which specific geographical areas-- (1) shall be designated as air and health quality empowerment zones; and (2) may apply for grants authorized for the purpose of replacing or retrofitting polluting vehicles or engines (or both vehicles and engines) in order to improve the health of the population living in the zones. SEC. 3. FINDINGS. Congress finds that-- (1) the San Joaquin Valley faces serious air quality challenges that impact the development, health, and economy of the Valley; (2) the Valley emits approximately 624 tons of nitrogen oxides per day, and attainment of the 1997 federally mandated 8-hour ozone standard under the Clean Air Act requires emissions of not more than 160 tons of oxides of nitrogen per day; (3) the Valley does not attain the federally mandated standard for PM<INF>2.5</INF>; (4) the children of the Valley miss 188,000 school days per year, which translates to 1 in 4 of those children experiencing a day of absence each year due to elevated ozone levels; (5) approximately 460 residents of the Valley die earlier than they otherwise would due to elevated ozone levels, and Valley residents experience 23,300 asthma attacks per year, a rate that equals 3 times the State average and 5 times the national average; (6) 1 in 5 children residing in the Valley have been diagnosed with asthma; (7) nonattainment of Federal air quality standards costs the Valley $3,200,000,000 annually; (8) the Valley experiences chronic double-digit unemployment rates; and (9) the Federal Government must partner with the Valley and the State to address air quality, health, and economic development for the residents of the Valley through the designation of the Valley as air quality empowerment zone that is eligible for Federal grants and technical assistance. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Agency.--The term ``Agency'' means the Environmental Protection Agency. (3) Clean air act.--The term ``Clean Air Act'' means the Clean Air Act (42 U.S.C. 7401 et seq.). (4) PM<INF>2.5</INF>.--The term ``PM<INF>2.5</INF>'' means particulate matter with a diameter that does not exceed 2.5 micrometers. (5) Strategic plan.--The term ``strategic plan'' means, with respect to an area, the plan contained in the application for designation of the area under section 5. (6) Valley.--The term ``Valley'' means the San Joaquin Valley, California. SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION PROCEDURES. (a) In General.--From among the areas nominated for designation under this section, the Administrator may designate 1 or more areas as air and health quality empowerment zones. (b) Period for Which Designation Is in Effect.-- (1) In general.--Any designation under this section shall remain in effect during the period beginning on the date of the designation and ending on the earlier of-- (A) the last day of the tenth calendar year beginning on the date of the designation; or (B) the date on which the Administrator revokes the designation. (2) Revocation of designation.--The Administrator may revoke the designation under this section of an area if the Administrator determines that the local air pollution control district in which the designated area is located-- (A) has been designated as being in attainment with the national ambient air quality standard for PM<INF>2.5</INF> and ozone promulgated under the Clean Air Act; or (B) is not complying substantially with, or fails to make progress in achieving the goals of, the strategic plan. (c) Limitations on Designations.--No area may be designated under subsection (a) unless-- (1) the area is nominated for designation by the air pollution control district with jurisdiction over the area; (2) the air pollution control district provides written assurances satisfactory to the Administrator that the strategic plan will be implemented; and (3) the Administrator determines that any information provided is reasonably accurate. (d) Application.--No area may be designated under subsection (a) unless the application for the designation-- (1) demonstrates that the nominated area satisfies the eligibility criteria described in section 6; and (2) includes a strategic plan for accomplishing the purposes of this Act that-- (A) describes-- (i) the process by which the nominated area is a full partner in the process of developing and implementing the plan; and (ii) the extent to which local institutions and organizations have contributed to the planning process; (B) identifies-- (i) the amount of State, local, and private resources that will be available for the nominated area; and (ii) the private/public partnerships to be used (which may include participation by, and cooperation with, institutions of higher education, medical centers, and other private and public entities); (C) identifies the funding requested under any Federal program in support of the purposes of this Act; (D) identifies baselines, methods, and benchmarks for measuring the success of carrying out the strategic plan; and (E) includes such other information as may be required by the Administrator. SEC. 6. ELIGIBILITY CRITERIA. (a) In General.--A nominated area shall be eligible for designation under section 5(a) only if the area meets all of the following criteria: (1) Nonattainment.--The nominated area has been designated as being-- (A) in extreme nonattainment of the 8-hour ozone national ambient air quality standard promulgated by the Administrator under the Clean Air Act; and (B) in nonattainment of national ambient air quality standard for PM<INF>2.5</INF> promulgated by the Administrator under that Act. (2) Agricultural sources.--The nominated area has-- (A) emissions of oxides of nitrogen from farm equipment of at least 30 tons per day in calendar year 2010; or (B) emissions of volatile organic compounds from farming operations of at least 40 tons per day in calendar year 2010. (3) Air quality-related health effects.--As of the date of nomination, the nominated area meets or exceeds the national average per capita incidence of asthma. (4) Economic impact.--As of the date of nomination, the nominated area experiences unemployment rates higher than the national average. (5) State matching funds.--The nominated area is located within a State and local area that will match at least \1/2\ of the funds provided by the Federal Government under this Act. SEC. 7. ELIGIBLE GRANT APPLICANTS. Any air pollution control district or other local governmental entity authorized to regulate air quality in a State under the Clean Air Act may apply for a grant under this Act. SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWERMENT GRANTS. (a) Eligibility.-- (1) In general.--Each area designated as an air and health quality empowerment zone under section 5(a) shall be eligible to receive 1 or more grants under this section. (2) Amount of grants.--The amount of each grant awarded to a designated air and health quality empowerment zone shall be determined by the Administrator based upon a review of-- (A) the information contained in the applications required by section 5(d); and (B) the needs set forth in the applications by those designated as beneficiaries. (3) Timing of grants.--With respect to each designated air and health quality empowerment zone, the Administrator shall make-- (A) a grant under this section to each such zone on the date of designation of the zone under section 5(a); and (B) the grant under this section to each such zone available on the first day of the first fiscal year that begins after the date of designation of the zone. (4) Oversight of grants.--The air pollution control district or other local government entity authorized to regulate air quality in an area designated as an air and health safety empowerment zone under section 5(a) shall oversee the use of any grant funds provided to the zone under this section. (b) Use of Grants.--Each air and health safety empowerment zone that receives a grant under this section shall use the grant solely-- (1) to carry out activities that achieve the purposes described in section 2; (2) in accordance with the strategic plan for the zone; and (3) for activities that benefit the residents of the zone for which the grant is made through improved air quality and health. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to provide grants under this section $20,000,000 for each of fiscal years 2011 through 2015.

Air and Health Quality Empowerment Zone Designation Act of 2010 - Authorizes the Administrator of the Environmental Protection Agency (EPA) to designate areas nominated by local air pollution control districts as air and health quality empowerment zones, which shall be eligible for grants for replacing or retrofitting polluting vehicles and/or engines to improve the health of the population living in the zones. Sets forth area eligibility requirements, including: (1) being in extreme nonattainment of the 8-hour ozone national ambient air quality standard and in nonattainment of the national ambient air quality standard for PM2.5 (particulate matter with a diameter that does not exceed 2.5 micrometers) promulgated by the Administrator under the Clean Air Act; (2) having specified emission levels of oxides of nitrogen from farm equipment or of volatile organic compounds from farming operations; (3) meeting or exceeding national averages for asthma; (4) exceeding national averages for unemployment; and (5) being eligible for state or local matching funds. Prohibits an area from being designated unless the relevant district provides satisfactory assurances that the strategic plan (to be contained in its application) will be implemented. Authorizes the Administrator to revoke the designation if the relevant district: (1) has been designated as being in attainment with the air quality standards; or (2) is failing to comply with, or make progress in achieving the goals of, its strategic plan.

To address the health and economic development impacts of nonattainment of federally mandated air quality standards in the San Joaquin Valley, California, by designating air quality empowerment zones.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Wildlife Management Act of 2011''. SEC. 2. STATUS OF POPULATION SEGMENTS OF GRAY WOLVES. (a) Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: ``(j) Status of Gray Wolves.-- ``(1) Status of northern rocky mountain distinct population segment.-- ``(A) In general.--Notwithstanding any other provision of law (including regulations), any gray wolf that is located in any State that is within the range of the Northern Rocky Mountain distinct population segment or anywhere in the State of Nevada or Colorado shall not be treated as an endangered species or threatened species and shall not be subject to this Act, except as provided in subparagraph (B). ``(B) State management authority.-- ``(i) Each of the States that is within the range of the Northern Rocky Mountain distinct population segment, and each of Nevada and Colorado, may manage all gray wolves within its boundaries for so long as there are at least 450 gray wolves in the Northern Rocky Mountain distinct population segment. ``(ii) If the number of gray wolves in such segment is less than 450 gray wolves, as demonstrated by the Secretary of the Interior, gray wolf populations within the Northern Rocky Mountain distinct population segment shall be temporarily treated as an endangered species or threatened species, as determined by the Secretary, and clause (i) shall not apply, until the Secretary determines that the number of gray wolves in such segment is equal to at least 450 during 2 consecutive years. ``(2) Status of western great lakes distinct population segment.-- ``(A) In general.--Notwithstanding any other provision of the law (including regulations), any gray wolf that is located in any State that is within the range of the Western Great Lakes distinct population segment shall not be treated as an endangered species or threatened species and shall not be subject to this Act, except as provided in subparagraph (B). ``(B) State management authority.-- ``(i) Each of the States that is within the range of the Western Great Lakes distinct population segment may manage all gray wolves within its boundaries for so long as the number of gray wolves within its boundaries is-- ``(I) for Minnesota, at least 1,200; ``(II) for Michigan, at least 150; and ``(III) for Wisconsin, at least 150. ``(ii) If the number of gray wolves in such a State is less than the number specified for the State in clause (i), as demonstrated by the Secretary of the Interior, gray wolf populations in that State that are part of the Western Great Lakes distinct population segment shall be temporarily treated as an endangered species or threatened species, as determined by the Secretary, and clause (i) shall not apply with respect to that State, until the Secretary determines that the number of gray wolves in such State is equal to at least that number during 2 consecutive years. ``(3) Status of arizona and new mexico gray wolf.-- ``(A) In general.--Notwithstanding any other provision of the law (including regulations) any gray wolf that is located in Arizona or New Mexico shall not be treated as an endangered species or threatened species and shall not be subject to this Act, except as provided in subparagraph (B). ``(B) State management authority.-- ``(i) Each of the States of Arizona and New Mexico may manage all gray wolves within its boundaries for so long as the combined total number of gray wolves in those States is at least 100 gray wolves. ``(ii) If the combined total number of gray wolves in those States is less than the number specified in clause (i), as demonstrated by the Secretary of the Interior, gray wolf populations in those States shall be temporarily treated as an endangered species or threatened species, as determined by the Secretary, and clause (i) shall not apply with respect to those States, until the Secretary determines that the combined total number of gray wolves in those States is equal to at least that number during 2 consecutive years. ``(4) Definitions.--In this subsection: ``(A) Gray wolf.--The term `gray wolf' means any taxonomic group traditionally associated with the gray wolf, including Canus lupus, Canus lupus lycaon, and Canus lupus baileyi, regardless of specific taxonomy of any particular gray wolf variety as a species, subspecies, or other designation. ``(B) Northern rocky mountain distinct population segment.--The term `Northern Rocky Mountain distinct population segment' means the distinct population segment of gray wolf described by the United States Fish and Wildlife Service in the final rule entitled `Endangered and Threatened Wildlife and Plants; Final Rule Designating the Northern Rocky Mountain Population Segment of Gray Wolf as a Distinct Population Segment and Removing the Distinct Population Segment From the Federal List of Endangered and Threatened Wildlife' (73 Fed. Reg. 10514 (February 27, 2008)). ``(C) Western great lakes distinct population segment.--The term `Western Great Lakes distinct population segment' means the distinct population segment of gray wolf described by the United States Fish and Wildlife Service in the Final Rule to Delist Gray Wolf Western Great Lakes Distinct Population Segment, as published February 8, 2007 (72 Fed. Reg. 6052).''.

State Wildlife Management Act of 2011 - Amends the Endangered Species Act of 1973 (ESA) to prohibit any gray wolf from being treated as an endangered species or threatened species or from being subject to such Act if the wolf: (1) is located in any state within the range of the Northern Rocky Mountain distinct population segment or anywhere in Nevada or Colorado and there are at least 450 gray wolves in such segment; (2) is located in any state within the range of the Western Great Lakes distinct population segment and the number of gray wolves within such state's boundaries is at least 1,200 for Minnesota, 150 for Michigan, and 150 for Wisconsin; or (3) is located in Arizona or New Mexico if the combined total number of gray wolves in those states is at least 100. Provides for: (1) state regulation of gray wolves if the population meets or exceeds the applicable number for such state; or (2) treatment as an endangered or threatened species if the number of gray wolves is less than that number until the Secretary determines that the number of gray wolves in such state equals at least that number during two consecutive years. Defines "gray wolf" as any taxonomic group traditionally associated with the gray wolf, including Canus lupus, Canus lupus lycaon, and Canus lupus baileyi, regardless of specific taxonomy of any particular gray wolf variety as a species, subspecies, or other designation.

To amend the Endangered Species Act of 1973 to provide for State management of population segments of gray wolves in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Emergency Response Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) high energy costs are causing hardship for families; (2) restructured energy markets have increased the need for a higher and more consistent level of funding for low income energy assistance programs; (3) conservation programs implemented by the States and the low income weatherization program reduce costs and need for additional energy supplies; (4) energy conservation is a cornerstone of national energy security policy; (5) the Federal Government is the largest consumer of energy in the economy of the United States; and (6) many opportunities exist for significant energy cost savings within the Federal Government. (b) Purposes.--The purposes of this Act are to provide assistance to those individuals most affected by high energy prices and to promote and accelerate energy conservation investments in private and Federal facilities. SEC. 3. INCREASED FUNDING FOR LIHEAP, WEATHERIZATION, AND STATE ENERGY GRANTS. (a) LIHEAP.--Section 2602(b) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621(b)) is amended by striking the first sentence and inserting the following: ``There are authorized to be appropriated to carry out the provisions of this title (other than section 2607A), $3,400,000,000 for each of fiscal years 2001 through 2005.''. (b) Weatherization Assistance.--Section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is amended by striking ``for fiscal years 1999 through 2003 such sums as may be necessary and inserting ``$310,000,000 for each of fiscal years 2001 through 2005''. (c) State Energy Conservation Grants.--Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking ``for fiscal years 1999 through 2003 such sums as may be necessary'' and inserting ``$75,000,000 for each of fiscal years 2001 through 2005''. SEC. 4. FEDERAL ENERGY MANAGEMENT REVIEWS. Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended by adding at the end the following: ``(e) Priority Response Reviews.--Each agency shall-- ``(1) not later than October 1, 2001, undertake a comprehensive review of all practicable measures for-- ``(A) increasing energy and water conservation, and ``(B) using renewable energy sources; and ``(2) not later than 180 days after completing the review, implement measures to achieve not less than 50 percent of the potential efficiency and renewable savings identified in the review.''. SEC. 5. COST SAVINGS FROM REPLACEMENT FACILITIES. Section 801(a) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)) is amended by adding at the end the following: ``(3)(A) In the case of an energy savings contract or energy savings performance contract providing for energy savings through the construction and operation of one or more buildings or facilities to replace one or more existing buildings or facilities, benefits ancillary to the purpose of such contract under paragraph (1) may include savings resulting from reduced costs of operation and maintenance at such replacement buildings or facilities when compared with costs of operation and maintenance at the buildings or facilities being replaced. ``(B) Notwithstanding paragraph (2)(B), aggregate annual payments by an agency under an energy savings contract or energy savings performance contract referred to in subparagraph (A) may take into account (through the procedures developed pursuant to this section) savings resulting from reduced costs of operation and maintenance as described in subparagraph (A).''. SEC. 6. REPEAL OF ENERGY SAVINGS PERFORMANCE CONTRACT SUNSET. Section 801(c) of the National Energy Conservation Policy Act (42 U.S.C. 8287(c)) is repealed. SEC. 7. ENERGY SAVINGS PERFORMANCE CONTRACT DEFINITIONS. (a) Energy Savings.--Section 804(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as follows: ``(2) The term ``energy savings'' means a reduction in the cost of energy or water, from a base cost established through a methodology set forth in the contract, used in either-- ``(A) an existing federally owned building or buildings or other federally owned facilities as a result of-- ``(i) the lease or purchase of operating equipment, improvements, altered operation and maintenance, or technical services; ``(ii) the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a federally owned building or buildings or other federally owned facilities; or ``(iii) the increased efficient use of existing water sources; or ``(B) a replacement facility under section 801(a)(3).''. (b) Energy Savings Contract.--Section 804(3) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(3)) is amended to read as follows: ``(3) The terms `energy savings contract' and `energy savings performance contract' mean a contract which provides for-- ``(A) the performance of services for the design, acquisition, installation, testing, operation, and, where appropriate, maintenance and repair, of an identified energy or water conservation measure or series of measures at one or more locations; or ``(B) energy savings through the construction and operation of one or more buildings or facilities to replace one or more existing buildings or facilities.''. (c) Energy or Water Conservation Measure.--Section 804(4) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(4) is amended to read as follows: ``(4) The term `energy or water conservation measure' means-- ``(A) an energy conservation measure, as defined in section 551(4) (42 U.S.C. 8259(4)); or ``(B) a water conservation measure that improves water efficiency, is life cycle cost effective, and involves water conservation, water recycling or reuse, improvements in operation or maintenance efficiencies, retrofit activities or other related activities, not at a Federal hydroelectric facility.''.

Energy Emergency Response Act of 2001 - Amends the following Acts to provide increased funding through FY 2005 for energy programs: (1) the Low-Income Home Energy Assistance Act of 1981(for home energy grants); (2) the Energy Conservation and Production Act (for weatherization assistance); and (3) the Energy Policy and Conservation Act (for State energy conservation grants).Amends the National Energy Conservation Policy Act (NECPA) to: (1) mandate that each Federal agency undertake a comprehensive review of practicable measures for increasing energy and water conservation, and for using renewable energy sources; (2) allow as an approved benefit ancillary to an energy savings or performance contract those savings resulting from reduced operation and maintenance costs at replacement facilities; and (3) repeal the termination dates governing the authority to enter into energy savings performance contracts (thus extending such authority indefinitely).

To increase the authorization of appropriations for low-income energy assistance, weatherization, and State energy conservation grant programs, to expand the use of energy savings performance contracts, and for other purposes.

SECTION 1. PURPOSE. The purpose of this Act is to authorize resources to foster a safe learning environment that supports academic achievement for all students by improving the quality of interim alternative educational settings, providing more behavioral supports in schools, and supporting whole school interventions. SEC. 2. DEFINITION OF ELIGIBLE ENTITY. In this Act, the term ``eligible entity'' means-- (1) a local educational agency; or (2) a consortium consisting of a local educational agency and 1 or more of the following entities-- (A) another local educational agency; (B) a community-based organization with a demonstrated record of effectiveness in helping special needs students with behavioral challenges succeed; (C) an institution of higher education; (D) a mental health provider; or (E) an educational service agency. SEC. 3. PROGRAM AUTHORIZED. The Secretary of Education is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible entities-- (1) to establish or expand behavioral supports and whole school behavioral interventions by providing for effective, research-based practices, including-- (A) comprehensive, early screening efforts for students at risk for emotional and behavioral difficulties; (B) training for school staff on early identification, prereferral, and referral procedures; (C) training for administrators, teachers, related services personnel, behavioral specialists, and other school staff in whole school positive behavioral interventions and supports, behavioral intervention planning, and classroom and student management techniques; (D) joint training for administrators, parents, teachers, related services personnel, behavioral specialists, and other school staff on effective strategies for positive behavioral interventions and behavior management strategies that focus on the prevention of behavior problems; (E) developing or implementing specific curricula, programs, or interventions aimed at addressing behavioral problems; (F) stronger linkages between school-based services and community-based resources, such as community mental health and primary care providers; or (G) using behavioral specialists, related services personnel, and other staff necessary to implement behavioral supports; or (2) to improve interim alternative educational settings by-- (A) improving the training of administrators, teachers, related services personnel, behavioral specialists, and other school staff (including ongoing mentoring of new teachers); (B) attracting and retaining a high quality, diverse staff; (C) providing for on-site counseling services; (D) utilizing research-based interventions, curriculum, and practices; (E) allowing students to use instructional technology that provides individualized instruction; (F) ensuring that the services are fully consistent with the goals of the individual student's individualized education program (IEP); (G) promoting effective case management and collaboration among parents, teachers, physicians, related services personnel, behavioral specialists, principals, administrators, and other school staff; (H) promoting interagency coordination and coordinated service delivery among schools, juvenile courts, child welfare agencies, community mental health providers, primary care providers, public recreation agencies, and community-based organizations; or (I) providing for behavioral specialists to help students transitioning from interim alternative educational settings reintegrate into their regular classrooms. SEC. 4. PROGRAM EVALUATIONS. (a) Report and Evaluation.--Each eligible entity receiving a grant under this Act shall prepare and submit annually to the Secretary of Education a report on the outcomes of the activities assisted under the grant. (b) Best Practices on Web Site.--The Secretary of Education shall make available on the Department of Education's web site information for parents, teachers, and school administrators on best practices for interim alternative educational settings, behavior supports, and whole school intervention. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $50,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 5 succeeding fiscal years.

Authorizes the Secretary of Education to award competitive grants for: (1) establishing or expanding behavioral supports and whole school behavioral interventions by providing for effective research-based practices; or (2) improving interim alternative educational settings. Sets forth some authorized types of activities, including ones related to: (1) early screening for students at risk for emotional and behavioral difficulties; (2) staff training, recruitment, and retention; (3) curricula, interventions, programs, and practices; (4) on-site counseling; (5) instructional technology for individualized instruction; (6) ensuring services consistent with the individualized education plan; (7) case management and collaboration among school staff, parents, physicians, and related services personnel; (8) links between school- and community-based services; and (9) interagency coordination. Makes eligible for such grants a local educational agency (LEA), or a consortium consisting of an LEA and one or more of the following entities: (1) another LEA; (2) a community-based organization with a demonstrated record of effectiveness in helping special needs students with behavioral challenges succeed; (3) an institution of higher education; (4) a mental health provider; or (5) an educational service agency. Directs the Secretary to make available on the Department of Education's web site information for parents, teachers, and school administrators on best practices for interim alternative educational settings, behavior supports, and whole school intervention.

A bill to authorize resources to foster a safe learning environment that supports academic achievement for all students by improving the quality of interim alternative educational settings, providing more behavioral supports in schools, and supporting whole school interventions.