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SECTION 1. SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM. (a) Establishment of Program.-- (1) In general.--The Administrator is authorized to establish a Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the National Weather Service and in Administration marine research, atmospheric research, and satellite programs. (2) Competitive process.--Individuals shall be selected to receive scholarships under this section through a competitive process primarily on the basis of academic merit, with consideration given to financial need and the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b), including those from Historically Black Colleges and Universities and institutions serving a large proportion of Hispanics, Native Americans, Asian-Pacific Americans, or other underrepresented populations. (3) Service agreements.--To carry out the scholarship program, the Administrator shall enter into contractual agreements with individuals selected under paragraph (2) under which the individuals agree to serve as full-time employees of the Administration, for the period described in subsection (f)(1), in positions needed by the Administration in fields described in paragraph (1) and for which the individuals are qualified, in exchange for receiving a scholarship. (b) Scholarship Eligibility.--In order to be eligible to participate in the scholarship program, an individual shall-- (1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education in an academic program or field of study described in the list made available under subsection (d); (2) be a United States citizen or permanent resident; and (3) at the time of the initial scholarship award, not be a Federal employee as defined in section 2105 of title 5 of the United States Code. (c) Application Required.--An individual seeking a scholarship under this section shall submit an application to the Administrator at such time, in such manner, and containing such information, agreements, or assurances as the Administrator may require to carry out this section. (d) Eligible Academic Programs.--The Administrator shall make publicly available a list of academic programs and fields of study for which scholarships may be utilized in fields described in subsection (a)(1), and shall update the list as necessary. (e) Scholarship Requirement.-- (1) In general.--The Administrator may provide a scholarship under the scholarship program for an academic year if the individual applying for the scholarship has submitted to the Administrator, as part of the application required under subsection (c), a proposed academic program leading to a degree in a program or field of study on the list made available under subsection (d). (2) Duration of eligibility.--An individual may not receive a scholarship under this section for more than 4 academic years, unless the Administrator grants a waiver. (3) Scholarship amount.--The dollar amount of a scholarship under this section for an academic year shall be determined under regulations issued by the Administrator, but shall in no case exceed the cost of attendance. (4) Authorized uses.--A scholarship provided under this section may be expended for tuition, fees, and other authorized expenses as established by the Administrator by regulation. (5) Contracts regarding direct payments to institutions.-- The Administrator may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided. (f) Period of Obligated Service.-- (1) Duration of service.--Except as provided in subsection (h)(2), the period of service for which an individual shall be obligated to serve as an employee of the Administration shall be 24 months for each academic year for which a scholarship under this section is provided. (2) Schedule for service.-- (A) In general.--Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not later than 60 days after the individual obtains the educational degree for which the scholarship was provided. (B) Deferral.--The Administrator may defer the obligation of an individual to provide a period of service under paragraph (1) if the Administrator determines that such a deferral is appropriate. The Administrator shall prescribe the terms and conditions under which a service obligation may be deferred through regulation. (g) Penalties for Breach of Scholarship Agreement.-- (1) Failure to complete academic training.--Scholarship recipients who fail to maintain a high level of academic standing, as defined by the Administrator by regulation, who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment not later than 1 year after the date of default of all scholarship funds paid to them and to the institution of higher education on their behalf under the agreement, except as provided in subsection (h)(2). The repayment period may be extended by the Administrator when determined to be necessary, as established by regulation. (2) Failure to begin or complete the service obligation or meet the terms and conditions of deferment.--A scholarship recipient who, for any reason, fails to begin or complete a service obligation under this section after completion of academic training, or fails to comply with the terms and conditions of deferment established by the Administrator pursuant to subsection (f)(2)(B), shall be in breach of the contractual agreement. When a recipient breaches an agreement for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal to-- (A) the total amount of scholarships received by such individual under this section; plus (B) the interest on the amounts of such awards which would be payable if at the time the awards were received they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States. (h) Waiver or Suspension of Obligation.-- (1) Death of individual.--Any obligation of an individual incurred under the scholarship program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death of the individual. (2) Impossibility or extreme hardship.--The Administrator shall by regulation provide for the partial or total waiver or suspension of any obligation of service or payment incurred by an individual under the scholarship program (or a contractual agreement thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government. (i) Definitions.--In this Act the following definitions apply: (1) Administration.--The term ``Administration'' means the National Oceanic and Atmospheric Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (3) Cost of attendance.--The term ``cost of attendance'' has the meaning given that term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965; and (5) Scholarship program.--The term ``scholarship program'' means the Science and Technology Scholarship Program established under this section.

Authorizes the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a Science and Technology Scholarship Program to award scholarships to students at institutions of higher education to recruit and prepare them for careers in the National Weather Service and in NOAA marine research, atmospheric research, and satellite programs. Sets forth provisions governing such Program. Requires individuals to be selected to receive scholarships under this Act through a competitive process primarily based on academic merit, with consideration given to financial need and to the goal of promoting the participation of of certain individuals identified under the Science and Engineering Equal Opportunities Act, including those from historically black colleges and universities and institutions serving a large proportion of minorities or other underrepresented populations. Requires the Administrator to enter into contractual agreements with selected individuals under which such individuals, in exchange for receiving a scholarship, agree to serve as full-time employees of NOAA, for a 24-month period of obligated service for each academic year for which a scholarship is provided in positions needed by NOAA in marine research, atmospheric research, and satellite programs. Instructs the Administrator to make publicly available a list of academic programs and fields of study for which scholarships may be utilized in marine research, atmospheric research, and satellite programs and to update such list as necessary. Prohibits: (1) an individual from receiving a scholarship for more than four academic years, unless the Administrator grants a waiver; and (2) the amount of a scholarship from exceeding the cost of attendance. Permits a scholarship to be used for tuition, fees, and other authorized uses as established by the Administrator by regulation. Allows the Administrator to enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided. Sets forth penalties for specified breaches of scholarship agreements.

To establish a Science and Technology Scholarship Program to award scholarships to recruit and prepare students for careers in the National Weather Service and in National Oceanic and Atmospheric Administration marine research, atmospheric research, and satellite programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety in Defense Contracting Act''. SEC. 2. REQUIREMENT FOR SECRETARY OF DEFENSE TO DEBAR COMPANIES FOUND TO JEOPARDIZE HEALTH OR SAFETY OF GOVERNMENT PERSONNEL OR FOUND GUILTY OF CONTRACT FRAUD. (a) Requirement To Debar.-- (1) Prime contractors.--The Secretary of Defense shall debar from contracting with the Department of Defense any defense contractor-- (A) that has been determined, through a criminal, civil, or administrative proceeding that results in a disposition listed in subsection (f), in the performance of a covered contract-- (i) to have caused serious injury or death to any civilian or military personnel of the Government through gross negligence or with reckless disregard for the safety of such personnel; or (ii) to have committed fraud; or (B) that awarded a subcontract under a covered contract to a subcontractor that has been determined, through a criminal, civil, or administrative proceeding that results in a disposition listed in subsection (f), in the performance of the subcontract-- (i) to have caused serious injury or death to any civilian or military personnel of the Government, through gross negligence or with reckless disregard for the safety of such personnel; or (ii) to have committed fraud. (2) Subcontractors.--The Secretary of Defense shall debar from contracting with the Department of Defense any subcontractor under a covered contract with respect to which a determination described in paragraph (1)(B) has been made. The Secretary of Defense also shall require, as a condition of any defense contract, that no subcontract may be awarded under the contract to any subcontractor with respect to which a determination described in paragraph (1)(B) has been made. (b) Definitions.--In this section: (1) The term ``defense contractor'' means a company awarded a covered contract. (2) The term ``covered contract'' means a contract awarded by the Department of Defense in an amount in excess of $500,000 for the procurement of goods or services. (c) Applicability of Debarment.--A debarment required by subsection (a) shall apply only with respect to contracts sought by an offeror for the same or similar goods or services as those provided or performed under the contract or subcontract with respect to which a determination described in subparagraph (A) or (B) of subsection (a)(1) was made. (d) Period of Debarment.--The debarment required by subsection (a) shall apply for a period of not less than five years after the date of the determination described in subsection (a)(1). (e) Waiver.--The debarment required by subsection (a) may be waived by the Secretary of Defense on a case-by-case basis if the Secretary finds that the debarment would jeopardize national security. (f) List of Dispositions in Criminal, Civil, or Administrative Proceedings.--For purposes of subsection (a), the dispositions listed in this subsection are as follows: (1) In a criminal proceeding, a conviction. (2) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (3) In an administrative proceeding, a finding of fault and liability that results in-- (A) the payment of a monetary fine or penalty of $5,000 or more; or (B) the payment of a reimbursement, restitution, or damages in excess of $100,000. (4) To the maximum extent practicable and consistent with applicable laws and regulations, in a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the person if the proceeding could have led to any of the outcomes specified in paragraph (1), (2), or (3). SEC. 3. WITHHOLDING OF CERTAIN CONTRACT FEES. In the case of any defense contractor that receives a level III corrective action request from the Defense Contract Management Agency in a fiscal year, the Secretary of Defense shall withhold any award or incentive fees on the contract for that fiscal year. With respect to any such fees already paid to the contractor during that fiscal year, the Secretary shall require the contractor to pay back the fees.

Safety in Defense Contracting Act - Requires the Secretary of Defense to debar from contracting with the Department of Defense (DOD) any defense contractor: (1) officially determined to have caused serious injury or death to any civilian or military personnel through gross negligence or reckless disregard for safety, or to have committed fraud; or (2) awarded a subcontract to a subcontractor officially determined to have caused or committed such actions. Directs the Secretary to also debar any subcontractor found to have caused or committed such actions. Requires a five-year minimum period for such a debarment. Authorizes a debarment waiver by the Secretary if it would jeopardize national security. Directs the Secretary, in the case of any defense contractor receiving a level III corrective action request from the Defense Contract Management Agency in a fiscal year, to withhold any contract award or incentive fees for that fiscal year.

To require the Secretary of Defense to debar from contracting with the Department of Defense any company found to have jeopardized the health or safety of Government personnel or found guilty of contract fraud, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in Small Business Act of 2007''. SEC. 2. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Increased Exclusion.-- (1) In general.--Paragraph (1) of section 1202(a) of the Internal Revenue Code of 1986 (relating partial exclusion for gain from certain small business stock) is amended to read as follows: ``(1) In general.--Gross income shall not include 75 percent of any gain from the sale or exchange of qualified small business stock held for more than 4 years.''. (2) Empowerment zone businesses.--Subparagraph (A) of section 1202(a)(2) of such Code is amended-- (A) by striking ``60 percent'' and inserting ``100 percent'', and (B) by striking ``50 percent'' and inserting ``75 percent''. (3) Rule relating to stock held among members of controlled group.--Subsection (c) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Stock held among members of 25-percent controlled group not eligible.-- ``(A) In general.--Stock of a member of a 25- percent controlled group shall not be treated as qualified small business stock while held by another member of such group. ``(B) 25-percent controlled group.--For purposes of subparagraph (A), the term `25-percent controlled group' means any controlled group of corporations as defined in section 1563(a)(1), except that-- ``(i) `more than 25 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(ii) section 1563(a)(4) shall not apply.''. (4) Conforming amendments.--Subsections (b)(2), (g)(2)(A), and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``4 years''. (b) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 of the Internal Revenue Code of 1986 (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (c) Repeal of 28 Percent Capital Gains Rate on Qualified Small Business Stock.-- (1) In general.--Subparagraph (A) of section 1(h)(4) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) collectibles gain, over''. (2) Conforming amendments.-- (A) Section 1(h) of such Code is amended by striking paragraph (7). (B)(i) Section 1(h) of such Code is amended by redesignating paragraphs (8), (9), (10), (11), (12), and (13) as paragraphs (7), (8), (9), (10), (11), and (12), respectively. (ii) Sections 163(d)(4)(B), 854(b)(5), 857(c)(2)(D) of such Code are each amended by striking ``section 1(h)(11)(B)'' and inserting ``section 1(h)(10)(B)''. (iii) The following sections of such Code are each amended by striking ``section 1(h)(11)'' and inserting ``section 1(h)(10)'': (I) Section 301(f)(4). (II) Section 306(a)(1)(D). (III) Section 584(c). (IV) Section702(a)(5). (V) Section 854(a). (VI) Section 854(b)(2). (iv) The heading of section 857(c)(2) is amended by striking ``1(h)(11)'' and inserting ``1(h)(10)''. (d) Increase Aggregate Asset Limitation for Qualified Small Businesses.-- (1) In general.--Paragraph (1) of section 1202(d) of the Internal Revenue Code of 1986 (relating to qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$100,000,000''. (2) Inflation adjustment.--Section 1202(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2007, each of the $100,000,000 dollar amounts in paragraph (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 the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $100.''. (e) Effective Date.-- (1) In general.--The amendments made by this section apply to stock issued after December 31, 2007. (2) Special rule for stock issued before december 31, 2007.--The amendments made by subsections (a), (b), and (c) shall apply to sales or exchanges-- (A) made after December 31, 2007, (B) of stock issued before such date, (C) by a taxpayer other than a corporation.

Invest in Small Business Act of 2007 - Amends the Internal Revenue Code to: (1) increase the exclusion from gross income of gain from the sale or exchange of qualified small business stock from 50 to 75 % of such gain and to reduce the required holding period for such stock from five to four years; (2) allow a 100% exclusion of gain from such stock sold by a business in an empowerment zone; (3) deny a tax exclusion for small business stock held by a 25% controlled corporate group; (4) repeal as an item of tax preference under the alternative minimum tax the exclusion of gain from the sale of small business stock; (5) repeal the 28% income tax rate on the gain from the sale of small business stock which is not excluded from gross income; (6) revise the definition of "qualified small business" for certain tax purposes to mean a C corporation with aggregate gross assets not exceeding $100 million (currently, $50 million); and (7) provide for an annual inflation adjustment to the small business aggregate gross asset amount after 2007.

A bill to amend the Internal Revenue Code of 1986 to modify the partial exclusion for gain from certain small business stocks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Access to Care Act of 2014''. SEC. 2. PROVISION OF HOSPITAL CARE AND MEDICAL SERVICES AT NON- DEPARTMENT OF VETERANS AFFAIRS FACILITIES FOR DEPARTMENT OF VETERANS AFFAIRS PATIENTS WITH EXTENDED WAITING TIMES FOR APPOINTMENTS AT DEPARTMENT FACILITIES. (a) In General.--As authorized by section 1710 of title 38, United States Code, the Secretary of Veterans Affairs (in this Act referred to as the ``Secretary'') shall enter into contracts with such non- Department facilities as may be necessary in order to furnish hospital care and medical services to covered veterans who are eligible for such care and services under chapter 17 of title 38, United States Code. To the greatest extent possible, the Secretary shall carry out this section using contracts entered into before the date of the enactment of this Act. (b) Covered Veterans.--For purposes of this section, the term ``covered veteran'' means a veteran-- (1) who is enrolled in the patient enrollment system under section 1705 of title 38, United States Code; (2) who-- (A) has waited longer than the wait-time goals of the Veterans Health Administration (as of June 1, 2014) for an appointment for hospital care or medical services in a facility of the Department; (B) has been notified by a facility of the Department that an appointment for hospital care or medical services is not available within such wait-time goals; or (C) resides more than 40 miles from the medical facility of the Department of Veterans Affairs, including a community-based outpatient clinic, that is closest to the residence of the veteran; and (3) who makes an election to receive such care or services in a non-Department facility. (c) Follow-Up Care.--In carrying out this section, the Secretary shall ensure that, at the election of a covered veteran who receives hospital care or medical services at a non-Department facility in an episode of care under this section, the veteran receives such hospital care and medical services at such non-Department facility through the completion of the episode of care (but for a period not exceeding 60 days), including all specialty and ancillary services deemed necessary as part of the treatment recommended in the course of such hospital care or medical services. (d) Report.--The Secretary shall submit to Congress a quarterly report on hospital care and medical services furnished pursuant to this section. Such report shall include information, for the quarter covered by the report, regarding-- (1) the number of veterans who received care or services at non-Department facilities pursuant to this section; (2) the number of veterans who were eligible to receive care or services pursuant to this section but who elected to continue waiting for an appointment at a Department facility; (3) the purchase methods used to provide the care and services at non-Department facilities, including the rate of payment for individual authorizations for such care and services; and (4) any other matters the Secretary determines appropriate. (e) Definitions.--For purposes of this section, the terms ``facilities of the Department'', ``non-Department facilities'', ``hospital care'', and ``medical services'' have the meanings given such terms in section 1701 of title 38, United States Code. (f) Implementation.--The Secretary shall begin implementing this section on the date of the enactment of this Act. (g) Construction.--Nothing in this section shall be construed to authorize payment for care or services not otherwise covered under chapter 17 of title 38, United States Code. (h) Termination.--The authority of the Secretary under this section shall terminate with respect to any hospital care or medical services furnished after the end of the 2-year period beginning on the date of the enactment of this Act, except that in the case of an episode of care for which hospital care or medical services is furnished in a non- Department facility pursuant to this section before the end of such period, such termination shall not apply to such care and services furnished during the remainder of such episode of care but not to exceed a period of 60 days. SEC. 3. EXPANDED ACCESS TO HOSPITAL CARE AND MEDICAL SERVICES. (a) In General.--To the extent that appropriations are available for the Veterans Health Administration of the Department of Veterans Affairs for medical services, to the extent that the Secretary of Veterans Affairs is unable to provide access, within the wait-time goals of the Veterans Health Administration (as of June 1, 2014), to hospital care or medical services to a covered veteran who is eligible for such care or services under chapter 17 of title 38, United States Code, under contracts described in section 2, the Secretary shall reimburse any non-Department facility with which the Secretary has not entered into a contract to furnish hospital care or medical services for furnishing such hospital care or medical services to such veteran, if the veteran elects to receive such care or services from the non- Department facility. The Secretary shall reimburse the facility for the care or services furnished to the veteran at the greatest of the following rates: (1) VA payment rate.--The rate of reimbursement for such care or services established by the Secretary of Veterans Affairs. (2) Medicare payment rate.--The payment rate for such care or services or comparable care or services under the Medicare program under title XVIII of the Social Security Act. (3) TRICARE payment rate.--The reimbursement rate for such care or services furnished to a member of the Armed Forces under chapter 55 of title 10, United States Code. (b) Covered Veterans.--For purposes of this section, the term ``covered veteran'' means a veteran-- (1) who is enrolled in the patient enrollment system under section 1705 of title 38, United States Code; and (2) who-- (A) has waited longer than the wait-time goals of the Veterans Health Administration (as of June 1, 2014) for an appointment for hospital care or medical services in a facility of the Department; (B) has been notified by a facility of the Department that an appointment for hospital care or medical services is not available within such wait-time goals after the date for which the veteran requests the appointment; or (C) who resides more than 40 miles from the medical facility of the Department of Veterans Affairs, including a community-based outpatient clinic, that is closest to the residence of the veteran. (c) Definitions.--For purposes of this section, the terms ``facilities of the Department'', ``non-Department facilities'', ``hospital care'', and ``medical services'' have the meanings given such terms in section 1701 of title 38, United States Code. (d) Implementation.--The Secretary shall begin implementing this section on the date of the enactment of this Act. (e) Construction.--Nothing in this section shall be construed to authorize payment for care or services not otherwise covered under chapter 17 of title 38, United States Code. (f) Termination.--The authority of the Secretary under this section shall terminate with respect to care or services furnished after the date that is 2 years after the date of the enactment of this Act. SEC. 4. INDEPENDENT ASSESSMENT OF VETERANS HEALTH ADMINISTRATION PERFORMANCE. (a) Independent Assessment Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract or contracts with a private sector entity or entities with experience in the delivery systems of the Veterans Health Administration and the private sector and in health care management to conduct an independent assessment of hospital care and medical services furnished in medical facilities of the Department of Veterans Affairs. Such assessment shall address each of the following: (1) The current and projected demographics and unique care needs of the patient population served by the Department of Veterans Affairs. (2) The current and projected health care capabilities and resources of the Department, including hospital care and medical services furnished by non-Department facilities under contract with the Department, to provide timely and accessible care to eligible veterans. (3) The authorities and mechanisms under which the Secretary may furnish hospital care and medical services at non-Department facilities, including an assessment of whether the Secretary should have the authority to furnish such care and services at such facilities through the completion of episodes of care. (4) The appropriate system-wide access standard applicable to hospital care and medical services furnished by and through the Department of Veterans Affairs and recommendations relating to access standards specific to individual specialties and standards for post-care rehabilitation. (5) The current organization, processes, and tools used to support clinical staffing and documentation. (6) The staffing levels and productivity standards, including a comparison with industry performance percentiles. (7) Information technology strategies of the Veterans Health Administration, including an identification of technology weaknesses and opportunities, especially as they apply to clinical documentation of hospital care and medical services provided in non-Department facilities. (8) Business processes of the Veterans Health Administration, including non-Department care, insurance identification, third-party revenue collection, and vendor reimbursement. (b) Assessment Outcomes.--The assessment conducted pursuant to subsection (a) shall include the following: (1) An identification of improvement areas outlined both qualitatively and quantitatively, taking into consideration Department of Veterans Affairs directives and industry benchmarks from outside the Federal Government. (2) Recommendations for how to address the improvement areas identified under paragraph (1) relating to structure, accountability, process changes, technology, and other relevant drivers of performance. (3) The business case associated with making the improvements and recommendations identified in paragraphs (1) and (2). (4) Findings and supporting analysis on how credible conclusions were established. (c) Program Integrator.--If the Secretary enters into contracts with more than one private sector entity under subsection (a), the Secretary shall designate one such entity as the program integrator. The program integrator shall be responsible for coordinating the outcomes of the assessments conducted by the private entities pursuant to such contracts. (d) Submittal of Reports to Congress.-- (1) Report on independent assessment.--Not later than 10 months after entering into the contract under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives the findings and recommendations of the independent assessment required by such subsection. (2) Report on va action plan to implement recommendations in assessment.--Not later than 120 days after the date of submission of the report under paragraph (1), the Secretary shall submit to such Committees on the Secretary's response to the findings of the assessment and shall include an action plan, including a timeline, for fully implementing the recommendations of the assessment. SEC. 5. LIMITATION ON AWARDS AND BONUSES TO EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. For each of fiscal years 2014 through 2016, the Secretary of Veterans Affairs may not pay awards or bonuses under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title. SEC. 6. OMB ESTIMATE OF BUDGETARY EFFECTS AND NEEDED TRANSFER AUTHORITY. Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall transmit to the Committees on Appropriations, the Budget, and Veterans' Affairs of the House of Representatives and of the Senate-- (1) an estimate of the budgetary effects of sections 2 and 3; (2) any transfer authority needed to utilize the savings from section 5 to satisfy such budgetary effects; and (3) if necessary, a request for any additional budgetary resources, or transfers or reprogramming of existing budgetary resources, necessary to provide funding for sections 2 and 3. Passed the House of Representatives June 10, 2014. Attest: KAREN L. HAAS, Clerk.

. Veteran Access to Care Act of 2014 - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) to enter into contracts with such non-VA facilities as may be necessary to furnish hospital care and medical services to veterans who: have waited longer than the wait-time goals of the Veterans Health Administration (VHA) (as of June 1, 2014) for an appointment for hospital care or medical services in a VA facility; have been notified by a VA facility that an appointment for hospital care or medical services is not available within such wait-time goals; or reside more than 40 miles from the VA medical facility, including a community-based outpatient clinic, that is closest to their residence. Allows eligible veterans who opt for hospital care or medical services in a non-VA facility to receive such care or services through the completion of the episode of care, but for no longer than 60 days. Directs the Secretary to submit a quarterly report to Congress on the provision of such hospital care and medical services through contracts with non-VA facilities. Terminates the Secretary's authority to contract with non-VA facilities for the provision of such care and services two years after this Act's enactment. (Sec. 3) Directs the Secretary, to the extent that appropriations are available to the VHA for medical services, to reimburse non-VA facilities with which the VA does not have such a contract for providing hospital care and medical services to such veterans, if such care and services cannot be provided within the VHA's wait-time goals in a facility with which the VA has a contract. Sets the reimbursement rate for such care or services at the greatest of the VA, Medicare, or TRICARE (a Department of Defense [DOD] managed care program) payment rate for such care or services. Terminates the Secretary's authority to reimburse non-VA facilities for the provision of such care and services two years after this Act's enactment. (Sec. 4) Directs the Secretary, within 120 days of this Act's enactment, to enter into a contract or contracts with a private entity or entities with experience in VHA and private delivery systems and in health care management to conduct an independent assessment of the hospital care and medical services furnished in VA facilities. Lists the factors that must be addressed in assessing veterans access to, and the quality of, hospital care and medical services in VA facilities. Directs the Secretary to submit reports to the congressional veterans committees regarding: (1) the findings and recommendations of the independent assessment; and (2) the Secretary's response to those findings, including an action plan for fully implementing such recommendations. (Sec. 5) Prohibits the Secretary from paying awards and bonuses to VA employees for FY2014-FY2016. (Sec. 6) Requires the Director of the Office of Management and Budget (OMB), within 30 days of this Act's enactment, to transmit to Congress: an estimate of the budgetary effects of this Act's coverage of hospital care and medical services for veterans in non-VA facilities; any transfer authority needed to utilize the savings from denying VA awards and bonuses to satisfy such budgetary effects; and a request, if necessary, for additional funding, or the transfer or reprogramming of existing funding, for this Act's coverage of the hospital care and medical services provided to veterans in non-VA facilities.

Veteran Access to Care Act of 2014

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Keeping Families Together Act of 1999''. (b) Short Title.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Restoration of definition of aggravated felony (repeal of section 321 of IIRAIRA). Sec. 3. Restoration of detention policy. Sec. 4. Repeal of time stop provisions. Sec. 5. Repeal of section 101(a)(48). Sec. 6. Restoration of section 212(c). Sec. 7. Restoration of judicial review provisions. SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED FELONY (REPEAL OF SECTION 321 OF IIRAIRA). (a) In General.--Effective as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208), section 321 of such Act is repealed and the provisions of law amended by such section are restored as if such section had not been enacted. (b) Restoration of Rights.--Any alien whose legal permanent resident status, application for permanent residence, or application for cancellation of removal, was affected by the changes in the definition of ``aggravated felony'' made by such section 321 may apply to the Attorney General to be considered for adjustment of status or cancellation of removal in conformance with the provisions of section 101(a)(43) of the Immigration and Nationality Act, as restored by subsection (a). SEC. 3. RESTORATION OF DETENTION POLICY. (a) In General.--Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended to read as follows: ``(c) Detention of Criminal Aliens.-- ``(1) In general.--The Attorney General shall take into custody any alien convicted of an aggravated felony upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense). Notwithstanding subsection (a) or section 241(a) but subject to paragraph (2), the Attorney General shall not release such felon from custody. ``(2) Non-release.--The Attorney General may not release from custody any who has been convicted of an aggravated felony, either before or after a determination of removability, unless-- ``(A)(i) the alien was lawfully admitted, or ``(ii) the alien was not lawfully admitted but the alien cannot be removed because the designated country of removal will not accept the alien; and ``(B) the alien satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. SEC. 4. REPEAL OF TIME STOP PROVISIONS. (a) In General.--Section 240A(d) of the Immigration and Nationality Act (8 U.S.C. 1229b(d)) is repealed. (b) Effective Date.--The repeal made by subsection (a) shall be effective as if included in the enactment of subtitle A of title III of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. SEC. 5. REPEAL OF SECTION 101(A)(48). (a) In General.--Paragraph (48) of section 101(a)(48) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is repealed. (b) Effective Date.--The repeal made by subsection (a) shall take effect as if included in the enactment of section 322(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. SEC. 6. RESTORATION OF SECTION 212(C). (a) In General.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting after subsection (b) the following new subsection: ``(c) Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of subsection (a) (other than paragraphs (3) and (10)(C)). Nothing contained in this subsection shall limit the authority of the Attorney General to exercise the discretion vested in him under section 211(b). The first sentence of this subsection shall not apply to an alien who has been convicted of one or more aggravated felonies and has served for such felony or felonies a term of imprisonment of at least 5 years.''. (b) Effective Date.--The amendment made by subsection (a) applies as of April 24, 1996, as if section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132) and section 304(b) of Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) had not been enacted. SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS. (a) In General.--Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended to read as follows: ``judicial review of orders of removal ``Sec. 242. (a) The procedure prescribed by, and all the provisions of chapter 158 of title 28, United States Code, shall apply to, and shall be the sole and exclusive procedure for, the judicial review of all final orders of removal heretofore or hereafter made against aliens within the United States pursuant to administrative proceedings under section 240 of this Act or comparable provisions of any prior Act, except that-- ``(1) a petition for review may be filed not later than 90 days after the date of the issuance of the final removal order, or, in the case of an alien convicted of an aggravated felony not later than 30 days after the issuance of such order; ``(2) the venue of any petition for review under this section shall be in the judicial circuit in which the administrative proceedings before an immigration judge were conducted in whole or in part, or in the judicial circuit wherein is the residence, as defined in this Act, of the petitioner, but not in more than one circuit; ``(3) the action shall be brought against the Immigration and Naturalization Service, as respondent. Service of the petition to review shall be made upon the Attorney General of the United States and upon the official of the Immigration and Naturalization Service in charge of the Service district in which the office of the clerk of the court is located. The service of the petition for review upon such official of the Service shall stay the removal of the alien pending determination of the petition by the court, unless the court otherwise directs or unless the alien is convicted of an aggravated felony, in which case the Service shall not stay the removal of the alien pending determination of the petition of the court unless the court otherwise directs; ``(4) except as provided in clause (B) of paragraph (5) of this subsection, the petition shall be determined solely upon the administrative record upon which the removal order is based and the Attorney General's findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive; ``(5) whenever any petitioner, who seeks review of an order under this section, claims to be a national of the United States and makes a showing that his claim is not frivolous, the court shall (A) pass upon the issues presented when it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or (B) where a genuine issue of material fact as to the petitioner's nationality is presented, transfer the proceedings to a United States district court for the district where the petitioner has his residence for hearing de novo of the nationality claim and determination as if such proceedings were originally initiated in the district court under the provisions of section 2201 of title 28, United States Code. Any such petitioner shall not be entitled to have such issue determined under section 360(a) of this Act or otherwise; ``(6) whenever a petitioner seeks review of an order under this section, any review sought with respect to a motion to reopen or reconsider such an order shall be consolidated with the review of the order; ``(7) if the validity of a removal order has not been judicially determined, its validity may be challenged in a criminal proceeding against the alien for violation of subsection (a) or (b) of section 243 of this Act only by separate motion for judicial review before trial. Such motion shall be determined by the court without a jury and before the trial of the general issue. Whenever a claim to United States nationality is made in such motion, and in the opinion of the court, a genuine issue of material fact as to the alien's nationality is presented, the court shall accord him a hearing de novo on the nationality claim and determine that issue as if proceedings had been initiated under the provisions of section 2201 of title 28, United States Code. Any such alien shall not be entitled to have such issue determined under section 360(a) of this Act or otherwise. If no such hearing de novo as to nationality is conducted, the determination shall be made solely upon the administrative record upon which the removal order is based and the Attorney General's findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive. If the removal order is held invalid, the court shall dismiss the indictment and the United States shall have the right to appeal to the court of appeals within 30 days. The procedure on such appeals shall be as provided in the Federal rules of criminal procedure. No petition for review under this section may be filed by any alien during the pendency of a criminal proceeding against such alien for violation of subsection (a) or (b) of section 243 of this Act; ``(8) nothing in this section shall be construed to require the Attorney General to defer removal of an alien after the issuance of a removal order because of the right of judicial review of the order granted by this section, or to relieve any alien from compliance with subsections (a) and (b) of section 243 of this Act. Nothing contained in this section shall be construed to preclude the Attorney General from detaining or continuing to detain an alien or from taking the alien into custody pursuant to section 241 of this Act at any time after the issuance of a removal order; ``(9) it shall not be necessary to print the record or any part thereof, or the briefs, and the court shall review the proceedings on a typewritten record and on typewritten briefs; and ``(10) any alien held in custody pursuant to an order of removal may obtain judicial review thereof by habeas corpus proceedings. ``(b) Notwithstanding the provisions of any other law, any alien against whom a final order of removal has been made heretofore or hereafter under the provisions of section 235 of this Act or comparable provisions of any prior Act may obtain judicial review of such order by habeas corpus proceedings and not otherwise. ``(c) An order of removal shall not be reviewed by any court if the alien has not exhausted the administrative remedies available to the alien as of right under the immigration laws and regulations or if the alien has departed from the United States after the issuance of the order. Every petition for review or for habeas corpus shall state whether the validity of the order has been upheld in any prior judicial proceeding, and, if so, the nature and date thereof, and the court in which such proceeding took place. No petition for review or for habeas corpus shall be entertained if the validity of the order has been previously determined in any civil or criminal proceeding, unless the petition presents grounds which the court finds could not have been presented in such prior proceeding, or the court finds that the remedy provided by such prior proceeding was inadequate or ineffective to test the validity of the order. ``(d)(1) A petition for review or for habeas corpus on behalf of an alien against whom a final order of removal has been issued pursuant to section 238(b) may challenge only-- ``(A) whether the alien is in fact the alien described in the order; ``(B) whether the alien is in fact an alien described in section 238(b)(2); ``(C) whether the alien has been convicted of an aggravated felony and such conviction has become final; and ``(D) whether the alien was afforded the procedures required by section 238(b)(4). ``(2) No court shall have jurisdiction to review any issue other than an issue described in paragraph (1).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to determinations pending on or after such date with respect to which-- (1) a final administrative decision has been not been rendered as of such date; or (2) such a decision has been rendered but the period for seeking judicial review of the decision has not expired.

(Sec. 3) Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act. (Sec. 4) Repeals certain provisions respecting termination of continuous presence or physical presence in the United States, effective as if included in the Act. (Sec. 5) Repeals the definition of "conviction", effective as if included in the Act. (Sec. 6) Authorizes the Attorney General to admit certain lawfully admitted permanent resident aliens returning to the United States who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had not been enacted. (Sec. 7) Revises provisions respecting judicial review of removal orders.

Keeping Families Together Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Students from Worthless Degrees Act''. SEC. 2. CONSUMER PROTECTIONS FOR STUDENTS. (a) Definitions.--In this section: (1) Federal financial assistance program.--The term ``Federal financial assistance program'' means a program authorized and funded by the Federal Government under any of the following provisions of law: (A) Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (B) Title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.) and title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (C) The Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.). (D) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (E) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (F) Section 1784a, 2005, or 2007 of title 10, United States Code. (2) Institution of higher education.--The term ``institution of higher education''-- (A) with respect to a program authorized under paragraph (1)(A), has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); (B) with respect to-- (i) a program authorized under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), has the meaning given the term ``postsecondary educational institution'' as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801), on the day before the date of enactment of the Workforce Innovation and Opportunity Act; and (ii) a program authorized under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.), has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); (C) with respect to a program authorized under paragraph (1)(C), has the meaning given the term ``postsecondary educational institution'' as defined in section 203 of the Adult Education and Family Literacy Act (29 U.S.C. 3272); (D) with respect to a program authorized under paragraph (1)(D), has the meaning given the term ``educational institution'' under section 3452 of title 38, United States Code; (E) with respect to a program authorized under paragraph (1)(E), means an educational institution that awards a degree or certificate and is located in any State; and (F) with respect to a program authorized under paragraph (1)(F), means an educational institution that awards a degree or certificate and is located in any State. (3) State.-- (A) State.--The term ``State'' includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the freely associated States. (B) Freely associated states.--The term ``freely associated States'' means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (b) Consumer Protections.--Notwithstanding any other provision of law, an institution of higher education is not eligible to participate in a Federal financial assistance program with respect to any program of postsecondary education or training, including a degree or certificate program, that is designed to prepare students for entry into a recognized occupation or profession that requires licensing or other established requirements as a pre-condition for entry into such occupation or profession, unless, by not later than 1 year after the date of enactment of this Act-- (1) the successful completion of the program fully qualifies a student, in the Metropolitan Statistical Area and State in which the student resides (and in any State in which the institution indicates, through advertising or marketing activities or direct contact with potential students, that a student will be prepared to work in the occupation or profession after successfully completing the program), to-- (A) take any examination required for entry into the recognized occupation or profession in the Metropolitan Statistical Area and State in which the student resides, including satisfying all Federal, State, or professionally mandated programmatic and specialized accreditation requirements, if any; and (B) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the recognized occupation or profession in the State; and (2) the institution offering the program provides timely placement for all of the academically related pre-licensure requirements for entry into the recognized occupation or profession, such as clinical placements, internships, or apprenticeships. (c) Regulations on Pre-Accredited Programs.--The Secretary of Education shall promulgate regulations on requirements of an institution of higher education with respect to any program of the institution that is in a pre-accredited status, including limitations on, or requirements of, advertisement of the program to students. Such regulations shall be consistent with the provisions of subsection (b). (d) Loan Discharge.--The Secretary of Education shall promulgate regulations that condition eligibility for an institution of higher education to participate in any Federal financial assistance program on the institution signing with each student enrolled in any program of the institution that is in a pre-accredited status, a loan discharge agreement.

Protecting Students from Worthless Degrees Act This bill makes any institution of higher education (IHE) postsecondary program designed to prepare students for a recognized occupation or profession requiring licensing or other entry pre-conditions ineligible to participate in a federal financial assistance program, unless it meets specified student consumer protection requirements within one year after this Act's enactment. Each program must: (1) fully prepare students to satisfy those entry pre-conditions in the metropolitan statistical areas and states in which the students reside and in any state the program claims a successful program graduate will be prepared to work in the particular occupation or profession involved; and (2) provide timely placement of students in required pre-licensure positions, such as clinical placements, internships, or apprenticeships. The bill requires the Department of Education to promulgate regulations regarding pre-accredited IHE programs to: (1) impose consumer protection requirements that are consistent with those this Act imposes on accredited programs, and (2) condition an IHE's participation in any federal financial assistance program on the IHE signing a loan discharge agreement with each student who is enrolled in any pre-accredited program.

Protecting Students from Worthless Degrees Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Bird-Safe Buildings Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Nearly one-third of the 800 bird species in the United States are endangered, threatened, or in significant decline. (2) In the United States alone, an estimated 1 billion birds die annually from striking buildings, bridges, and other manmade structures, with glass being one of the primary causes of the deaths. (3) Birds have a significant impact on the United States economy, as evidenced by United States Fish and Wildlife Service estimates that the 47 million birdwatchers in the United States contribute $40 billion annually to the Nation's economy. (4) The General Services Administration is obligated, under Executive Order 13186, to ``support the conservation intent of the migratory bird conventions by integrating bird conservation principles, measures, and practices into agency activities and by avoiding or minimizing, to the extent practicable, adverse impacts on migratory bird resources when conducting agency actions''. SEC. 3. USE OF BIRD-SAFE BUILDING MATERIALS AND DESIGN FEATURES. (a) In General.--Chapter 33 of title 40, United States Code, is amended-- (1) by redesignating sections 3314, 3315, and 3316 as sections 3315, 3316, and 3317, respectively; and (2) by inserting after section 3313 the following: ``Sec. 3314. Use of bird-safe building materials and design features ``(a) Construction, Alteration, and Acquisition of Public Buildings.--Each public building constructed, substantially altered, or acquired by the Administrator of General Services shall meet, to the maximum extent feasible, as determined by the Administrator, the following standards: ``(1) At least 90 percent of the exposed facade material from ground level to 40 feet-- ``(A) shall not be composed of glass; or ``(B) shall be composed of glass employing-- ``(i) elements that preclude bird collisions without completely obscuring vision, such as secondary facades, netting, screens, shutters, and exterior shades; ``(ii) ultraviolet (UV) patterned glass that contains UV-reflective or contrasting patterns that are visible to birds; ``(iii) patterns on glass designed in accordance with a rule that restricts horizontal spaces to less than 2 inches high and vertical spaces to less than 4 inches wide, commonly referred to as the `2 X 4 rule'; ``(iv) opaque, etched, stained, frosted, or translucent glass; or ``(v) any combination of the methods described in this subparagraph. ``(2) At least 60 percent of the exposed facade material above 40 feet shall meet the standard described in paragraph (1)(A) or (1)(B). ``(3) There shall not be any transparent passageways or corners. ``(4) All glass adjacent to atria or courtyards containing water features, plants, and other materials attractive to birds shall meet the standard described in paragraph (1)(B). ``(5) Outside lighting shall be appropriately shielded and minimized. ``(b) Monitoring.--The Administrator shall take such actions as may be necessary to ensure that actual bird mortality is monitored at each public building. ``(c) Existing Buildings and Lighting.-- ``(1) In general.--The Administrator, where practicable, as determined by the Administrator, shall reduce exterior building and site lighting for each public building. ``(2) Use of automatic control technologies.--In carrying out paragraph (1), the Administrator shall make use of automatic control technologies, including timers, photo- sensors, and infrared and motion detectors. ``(d) Exempt Buildings.--This section shall not apply to-- ``(1) a historic building of national significance within the meaning of the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings, and Antiquities Act); ``(2) the White House and its grounds; ``(3) the Supreme Court building and its grounds; or ``(4) the United States Capitol and its related buildings and grounds.''. (b) Clerical Amendment.--The analysis for such chapter is amended by striking the items relating to sections 3314, 3315, and 3316 and inserting the following: ``3314. Use of bird-safe building materials and design features. ``3315. Delegation. ``3316. Report to Congress. ``3317. Certain authority not affected.''.

Federal Bird-Safe Buildings Act of 2015 Requires each public building constructed, substantially altered, or acquired by the General Services Administration (GSA) to meet the following standards: at least 90% of the exposed facade material from ground level to 40 feet shall not be composed of glass or shall be composed of glass employing elements that preclude bird collisions without completely obscuring vision, ultraviolet (UV) patterned glass that contains UV-reflective or contrasting patterns that are visible to birds, patterns on glass designed in accordance with a rule that restricts horizontal spaces to less than 2 inches high and vertical spaces to less than 4 inches wide, opaque, etched, stained, frosted, or translucent glass, orany combination of these methods (modified glass); at least 60% of the exposed facade material above 40 feet shall meet such glass standard; there shall not be any transparent passageways or corners; all glass adjacent to atria or courtyards containing water features, plants, and other materials attractive to birds shall meet the modified glass standard; and outside lighting shall be appropriately shielded and minimized. Directs GSA to: (1) ensure that actual bird mortality is monitored at each public building; and (2) reduce exterior building and site lighting for each public building, where practicable. Exempts historic buildings of national significance, the White House and its grounds, the Supreme Court building and its grounds, or the U.S. Capitol and its related buildings and grounds.

Federal Bird-Safe Buildings Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Prevention Act of 1996''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The States should recognize that the terms ``acquired immune deficiency syndrome'' and ``AIDS'' are obsolete. In the case of individuals who are infected with the human immunodeficiency virus (commonly known as HIV), the more important medical fact for the individuals and for the protection of the public health is the fact of infection, and not just the later development of AIDS (the stage at which the infection causes symptoms). The term ``HIV disease'', meaning infection with HIV regardless of whether the infection has progressed to AIDS, more correctly defines the medical condition. (2) The medical, public health, political, and community leadership must focus on the full course of HIV disease rather than concentrating on later stages of the disease. Continual focus on AIDS rather than the entire spectrum of HIV disease has left our Nation unable to deal adequately with the epidemic. Federal and State data collection efforts should focus on obtaining data as early as possible after infection occurs, while continuing to collect data on the symptomatic stage of the disease. (3) Recent medical breakthroughs may enable doctors to treat HIV disease as a chronic disease rather than as a terminal disease. Early intervention in the progression of the infection is imperative to prolonging and improving the lives of individuals with the disease. (4) The Centers for Disease Control and Prevention has recommended partner notification as a primary prevention service. The health needs of the general public, and the care and protection of those who do not have the disease, should be balanced with the needs of individuals with the disease in a manner that allows for the infected individuals to receive optimal medical care and for public health services to protect the uninfected. (5) Individuals with HIV disease have an obligation to protect others from being exposed to HIV by avoiding behaviors that place others at risk of becoming infected. Each of the States should have in effect laws that provide that the intentional or reckless exposure of others to HIV is a felony, even if the infection is not transmitted. SEC. 3. ESTABLISHMENT OF HIV-RELATED REQUIREMENTS IN MEDICAID PROGRAM. (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended-- (1) in section 1902(a)-- (A) in paragraph (61), by striking ``and'' after the semicolon at the end; (B) in paragraph (62), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (62) the following paragraph: ``(63) meet the requirements of section 1930A (relating to the prevention of the transmission of the human immunodeficiency virus, commonly known as HIV).''; and (2) by inserting after section 1930 the following section: ``prevention of transmission of hiv ``Sec. 1930A. (a) For purposes of section 1902(a)(63), a State plan meets the requirements of this subsection if the plan demonstrates to the satisfaction of the Secretary that the law or regulations of the State are in accordance with the following: ``(1) The State requires that, in the case of a health professional or other entity that provides for the performance of a test for HIV on an individual, the entity confidentially report positive test results to the State public health officer, together with any additional necessary information, in order to carry out the following purposes: ``(A) The performance of statistical and epidemiological analyses of the incidence in the State of cases of such disease. ``(B) The performance of statistical and epidemiological analyses of the demographic characteristics of the population of individuals in the State who have the disease. ``(C) The assessment of the adequacy of preventive services in the State with respect to the disease. ``(2)(A) The State requires that the public health officer of the State carry out a program to inform individuals that the individuals may have been exposed to HIV (referred to in this paragraph as `partner notification'). For purposes of this paragraph, the term `partner' includes the sexual partners of individuals with HIV disease, and the partners of such individuals in the sharing of hypodermic needles for the intravenous injection of drugs. ``(B) The State requires that any information collected for purposes of partner notification be sufficient for the following purposes: ``(i) To provide the partners of the individual with HIV disease with an appropriate opportunity to learn that the partners have been exposed to HIV. ``(ii) To provide the partners with counseling and testing for HIV disease. ``(iii) To provide the individual who has the disease with information regarding therapeutic measures for preventing and treating the deterioration of the immune system and conditions arising from the disease, and to provide the individual with other preventive information. ``(iv) With respect to an individual who undergoes testing for HIV disease but does not seek the results of the testing, to recall and provide the individual with counseling, therapeutic information, and other information regarding preventative health services appropriate for the individual. ``(C) The State cooperates with the Director of the Centers for Disease Control and Prevention in carrying out a national program of partner notification, including the sharing of information between the public health officers of the States. ``(3) With respect to a defendant against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in sexual activity, the State requires as follows: ``(A) That the defendant be tested for HIV disease if-- ``(i) the nature of the alleged crime is such that the sexual activity would have placed the victim at risk of becoming infected with HIV; or ``(ii) the victim requests that the defendant be so tested. ``(B) That if the conditions specified in subparagraph (A) are met, the defendant undergo the test not later than 48 hours after the date on which the information or indictment is presented, and that as soon thereafter as is practicable the results of the test be made available to the victim; the defendant (or if the defendant is a minor, to the legal guardian of the defendant); the attorneys of the victim; the attorneys of the defendant; the prosecuting attorneys; the judge presiding at the trial, if any; and the principal public health official for the local governmental jurisdiction in which the crime is alleged to have occurred. ``(C) That, if the results of the test indicate that the defendant has HIV disease, such fact may, as relevant, be considered in the judicial proceedings conducted with respect to the alleged crime. ``(4)(A) With respect to a patient who is to undergo an invasive medical procedure that would place the health professionals involved at risk of becoming infected with HIV, the State-- ``(i) authorizes such health professionals to provide that the procedure will not be performed unless the patient undergoes a test for HIV disease and the health professionals are notified of the results of the test; and ``(ii) requires that, if such test is performed and the patient has positive test results, the patient be informed of the results. ``(B) The State authorizes funeral-services practitioners to provide that invasive procedures will not be performed unless the body involved undergoes a test for HIV disease and the practitioners are notified of the results of the test. ``(5) The State requires that, if a health care entity (including a hospital) transfers a body to a funeral-services practitioner and such entity knows that the body is infected with HIV, the entity notify the funeral-services practitioner of such fact. ``(6) The State requires that, if a health professional knows that the professional has HIV disease, the professional notify a patient of the professional before performing any invasive medical procedure on the patient. ``(b) For purposes of this section, the term `HIV' means the human immunodeficiency virus; and the term `HIV disease' means infection with HIV and includes any condition arising from such infection.''. (b) Sense of Congress Regarding Health Professionals With HIV Disease.--It is the sense of the Congress that, with respect to health professionals who have HIV disease and who perform invasive medical procedures on patients, the medical profession should develop guidelines to assist such professionals in complying with requirements established by the States pursuant to section 1930A(a)(6) of the Social Security Act (as added by subsection (a) of this section). (c) Applicability of Requirements.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) applies upon the expiration of the 120-day period beginning on the date of the enactment of this Act. (2) Delayed applicability for certain states.--In the case of the State involved, if the Secretary determines that a requirement established by the amendment made by subsection (a) cannot be implemented in the State without the enactment of State legislation, then such requirement applies to the State on and after the first day of the first calendar quarter that begins 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 preceding sentence, in the case of a State that has a 2-year legislative session, each year of such session is deemed to be a separate regular session of the State legislature. (c) Rule of Construction.--Part D of title XXVI of the Public Health Service Act (42 U.S.C. 300ff-71 et seq.) is amended by inserting after section 2675 the following section: ``SEC. 2675A. RULE OF CONSTRUCTION. ``With respect to an entity that is an applicant for or a recipient of financial assistance under this title, compliance by the entity with any State law or regulation that is consistent with section 1930A of the Social Security Act may not be considered to constitute a violation of any condition under this title for the receipt of such assistance.''. SEC. 4. SENSE OF CONGRESS REGARDING INTENTIONAL TRANSMISSION OF HIV. It is the sense of the Congress that the States should have in effect laws providing that, in the case of individuals who know they have HIV disease, it is a felony for the individuals to engage in any behaviors that the individuals know will place others at risk of infection with the disease, regardless of whether the behaviors actually transmit the infection. SEC. 5. SENSE OF CONGRESS REGARDING CONFIDENTIALITY. It is the sense of the Congress that strict confidentiality should be maintained in carrying out the provisions of section 1930A of the Social Security Act (as added by section 3(a) of this Act).

HIV Prevention Act of 1996 - Amends title XIX (Medicaid) of the Social Security Act to add certain requirements relating to prevention of the transmission of the HIV virus which State Medicaid plans must incorporate in order to receive Federal approval. Includes among such requirements: (1) mandatory confidential reporting of HIV positive results by the health professional or other entity performing HIV tests to the State public health officer; (2) informing of individuals who may have been exposed to HIV by the public health officer of the State; (3) mandatory HIV testing of alleged rapists for which victims and their attorneys are notified of the results; (4) subjection to mandatory HIV testing of prospective patients who are to undergo an invasive medical procedure that would place the health professionals involved at risk of becoming infected with HIV, with the health professionals notified of the results; and (5) notification of individuals who are to undergo an invasive medical procedure by any health professional who is to perform such procedure and knows that he or she has HIV disease. Expresses the sense of the Congress that: (1) with respect to health professionals with HIV disease who perform invasive medical procedures on patients, the medical profession should develop guidelines to assist them in complying with the requirements of this Act; (2) the States should have in effect laws providing that, in the case of individuals who know they have HIV disease, it is a felony to engage in any behaviors that the individual knows will place others at risk of infection with the disease, regardless of whether the behaviors actually transmit such infection; and (3) strict confidentiality should be maintained in carrying out the requirements added by this Act.

HIV Prevention Act of 1996

SECTION 1. ASSISTANCE TO VETERANS AFFECTED BY NATURAL DISASTERS. (a) Additional Grants for Disabled Veterans for Specially Adapted Housing.-- (1) In general.--Chapter 21 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2109. Specially adapted housing destroyed or damaged by natural disasters ``(a) In General.--Notwithstanding the provisions of section 2102 of this title, the Secretary may award a grant to a veteran whose home was previously adapted with assistance of a grant under this chapter in the event the adapted home which was being used and occupied by the veteran was destroyed or substantially damaged in a natural or other disaster, as determined by the Secretary. ``(b) Use of Funds.--A grant awarded under subsection (a) shall be available to acquire a suitable housing unit with special fixtures or moveable facilities made necessary by the veteran's disability, and necessary land therefor. ``(c) Limitations.--The amount of the grant awarded under subsection (a) may not exceed the lesser of-- ``(1) the reasonable cost, as determined by the Secretary, of repairing or replacing the damaged or destroyed home in excess of the available insurance coverage on such home; or ``(2) the maximum grant amount to which the veteran would have been entitled under subsection (a) or (b) of section 2102 of this title had the veteran not obtained the prior grant.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 21 of such title is amended by inserting after the item relating to section 2108 the following new item: ``2109. Specially adapted housing destroyed or damaged by natural disasters.''. (b) Extension of Subsistence Allowance for Veterans Completing Vocational Rehabilitation Program.--Section 3108(a)(2) of such title is amended-- (1) by inserting ``(A)'' before ``In''; and (2) by adding at the end the following new subparagraph: ``(B) In any case in which the Secretary determines that a veteran described in subparagraph (A) has been displaced as the result of a natural or other disaster while being paid a subsistence allowance under that subparagraph, as determined by the Secretary, the Secretary may extend the payment of a subsistence allowance under such subparagraph for up to an additional two months while the veteran is satisfactorily following a program of employment services described in such subparagraph.''. (c) Waiver of Limitation on Program of Independent Living Services and Assistance.--Section 3120(e) of such title is amended-- (1) by inserting ``(1)'' before ``Programs''; and (2) by adding at the end the following new paragraph: ``(2) The limitation in paragraph (1) shall not apply in any case in which the Secretary determines that a veteran described in subsection (b) has been displaced as the result of, or has otherwise been adversely affected in the areas covered by, a natural or other disaster, as determined by the Secretary.''. (d) Covenants and Liens Created by Public Entities in Response to Disaster-Relief Assistance.--Paragraph (3) of section 3703(d) of such title is amended to read as follows: ``(3)(A) Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan is so secured, the Secretary may either disregard or allow for subordination to a superior lien created by a duly recorded covenant running with the realty in favor of either of the following: ``(i) A public entity that has provided or will provide assistance in response to a major disaster as determined by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). ``(ii) A private entity to secure an obligation to such entity for the homeowner's share of the costs of the management, operation, or maintenance of property, services, or programs within and for the benefit of the development or community in which the veteran's realty is located, if the Secretary determines that the interests of the veteran-borrower and of the Government will not be prejudiced by the operation of such covenant. ``(B) With respect to any superior lien described in subparagraph (A) created after June 6, 1969, the Secretary's determination under clause (ii) of such subparagraph shall have been made prior to the recordation of the covenant.''. (e) Automobiles and Other Conveyances for Certain Disabled Veterans and Members of the Armed Forces.--Section 3903(a) of such title is amended-- (1) by striking ``No'' and inserting ``(1) Except as provided in paragraph (2), no''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary may provide or assist in providing an eligible person with a second automobile or other conveyance under this chapter if-- ``(A) the Secretary receives satisfactory evidence that the automobile or other conveyance previously purchased with assistance under this chapter was destroyed-- ``(i) as a result of a natural or other disaster, as determined by the Secretary; and ``(ii) through no fault of the eligible person; and ``(B) the eligible person does not otherwise receive from a property insurer compensation for the loss.''.

Authorizes the Secretary of Veterans Affairs (VA), notwithstanding existing limitations on the assistance available to disabled veterans eligible for specially adapted housing grants, to award grants to veterans whose homes were previously adapted with such assistance if the adapted home used and occupied by the veteran was destroyed or substantially damaged in a natural or other disaster. Requires any such awarded post-disaster adapted housing grant to be available to acquire a suitable housing unit with special fixtures or moveable facilities made necessary by the veteran's disability along with the land for such housing. Permits the Secretary to: (1) extend up to an additional two months the subsistence allowances of veterans displaced by such disasters while satisfactorily following a program of employment services prescribed in a vocational rehabilitation program for certain veterans with service-connected disabilities; (2) provide or assist in providing a second automobile or other specified conveyance to eligible disabled veterans and members of the Armed Forces if an automobile or other conveyance previously purchased with assistance was destroyed by such a disaster through no fault of the individual and without compensation by a property insurer; and (3) in determining whether certain real estate housing loans are secured by a first lien, disregard or allow for subordination to a superior lien created by a duly recorded covenant running with the realty in favor of a public entity that has provided or will provide assistance in response to a major disaster as determined by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

A bill to amend title 38, United States Code, to improve the provision of benefits and assistance under laws administered by the Secretary of Veterans Affairs to veterans affected by natural or other disasters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Emergency Local Partnership Act of 2007''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds as follows: (1) Since AIDS cases were first reported more than 25 years ago, approximately 1.7 million people in the United States have been diagnosed with HIV and 500,000 of them have died. (2) Racial minorities have been disproportionately affected by this epidemic. Of the 1,200,000 United States HIV cases reported, there are 500,000 African-Americans and 200,000 Latinos living with the disease. (3) It is estimated that 50 percent of all AIDS patients are African Americans and 19 percent are Latinos. The African- American community is 12 percent of the general United States population, and Latinos are 14 percent of the population. (4) Ten States and the Commonwealth of Puerto Rico account for 71 percent of the Nation's AIDS cases. (5) Within the top 10 States and territories with the highest concentration of people living with HIV/AIDS, large Latino and African-American populations reside in 7 of them: New York, California, Florida, Texas, New Jersey, Illinois, and Pennsylvania. African Americans comprise large percentages of people living with this disease in Georgia, Maryland, and the District of Columbia. Latinos comprise large percentages of people living with HIV/AIDS in Connecticut, Massachusetts, and Puerto Rico. (6) Programs funded through title XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et seq.; as amended by the ``Ryan White HIV/AIDS Treatment Modernization Act of 2006'') are essential to people who are HIV/AIDS positive, particularly those who are low income or from an ethnic or minority community. Although recent changes to these programs address the problem of reaching minority populations in this country, more needs to be done as the epidemic continues to impact those communities more severely. (7) People who live with HIV/AIDS not only need assistance to take care of their immediate physical condition, but also require information and education about how to address other consequences associated with the disease. A holistic approach is necessary to address not just the immediate physical health of an individual in the community, but also to educate on preventing the spread of the disease in high-risk neighborhoods. (8) Capable non-profit entities are essential to providing a comprehensive approach and reaching more individuals in their local communities. (9) There is an urgent need for providing funding to entities that not only serve minority populations, but also provide services through partnerships at the local level in high-risk communities. (b) Purpose.--The purpose of this Act is to establish and authorize funding for a pilot grant program within the Minority AIDS Initiative that will encourage qualified community health entities to cooperate with each other to provide comprehensive HIV/AIDS services for racial and ethnic minorities in the local community where the entities are located. SEC. 3. PRIORITIZING HIV/AIDS SERVICES BY LOCAL ENTITIES TO MINORITIES. (a) Establishment of Program.--Section 2693 of the Public Health Service Act (42 U.S.C. 300ff-101) is amended-- (1) in subsection (a)-- (A) by striking ``$135,100,000 for fiscal year 2008'' and inserting ``$185,100,000 for fiscal year 2008''; and (B) by striking ``$139,100,000 for fiscal year 2009'' and inserting ``$189,100,000 for fiscal year 2009''; and (2) by adding at the end the following: ``(d) Prioritizing HIV/AIDS Services by Local Entities to Minorities.-- ``(1) Reservation.--For carrying out this subsection, the Secretary shall, of the amount appropriated under subsection (a) for each of fiscal years 2008 and 2009, reserve not less than $25,000,0000 and not more than $50,000,000. ``(2) Grants.--In carrying out the purpose described in subsection (a)-- ``(A) the Secretary shall award grants to eligible entities that are located in a community described in paragraph (4)(C) (or are in partnership with an entity that is located in a community described in paragraph (4)(C)) to provide comprehensive HIV/AIDS services to racial and ethnic minorities in such community; and ``(B) sections 2604(c)(1), 2612(b)(1), and 2651(c)(1) (requiring the use of at least 75 percent of available funds to provide core medical services) shall not apply. ``(3) Requirements.--Comprehensive HIV/AIDS services provided by an eligible entity pursuant to this subsection shall-- ``(A) include not less than 3 types of HIV/AIDS services authorized under part A, B, C, or D of this title or section 2692; and ``(B) give special consideration to minority capacity staff building which reflects the target population. ``(4) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- ``(A) be a nonprofit private entity; ``(B) be located, or apply for the grant in partnership with an entity that is located, in one of the 10 States and territories with the highest concentration of people living with HIV/AIDS, as determined by the Centers for Disease Control and Prevention; and ``(C) be located, or apply for the grant in partnership with an entity that is located, in a community in which racial and ethnic minorities comprise a majority of the population, as identified by United States census data. ``(5) Distribution of grants.--The Secretary shall award grants under this subsection for HIV/AIDS services in not less than 5 of the States and territories described in paragraph (4)(B). ``(6) Preference.--In awarding grants under this subsection, the Secretary shall give preference to eligible entities that demonstrate each of the following: ``(A) The eligible entity is located (and not merely in partnership with another entity that is located) in a State or territory described in paragraph (4)(B) and a community described in paragraph (4)(C). ``(B) In providing HIV/AIDS services through the grant, the eligible entity will partner with one or more local entities in the community to be served. ``(C) The eligible entity will use the grant to provide innovative approaches to HIV testing, prevention, and treatment. ``(D) The staff of the eligible entity reflects the community to be served. ``(E) The members of the governing body of the eligible entity are representative of the community to be served.''. (b) Report.-- (1) In general.--Not later than January 1, 2009, the Secretary of Human and Health Services shall submit a report to the Congress describing the status of the HIV/AIDS epidemic across the Nation. (2) Contents.--The report submitted under this subsection shall-- (A) give special emphasis to the 10 States and territories with the highest concentration of people living with HIV/AIDS, as determined by the Centers for Disease Control and Prevention; (B) include the comments submitted pursuant to paragraph (3); (C) analyze the effectiveness of the grant program established under section 2693(d) of the Public Health Service Act, as added by subsection (a); and (D) recommend any appropriate changes for improving such program. (3) Comments.--In preparing the report required by this subsection, the Secretary shall solicit comments from the general public and each entity receiving a grant under section 2693(d) of the Public Health Service Act, as added by subsection (a). SEC. 4. TEMPORARY EXTENSION OF MINORITY HIV/AIDS INITIATIVES FUNDING. The Secretary of Health and Human Services shall continue to fund grants awarded through the Minority HIV/AIDS Initiatives of the Health Resources and Services Administration, as in effect on the day before the date of the enactment of the Ryan White HIV/AIDS Treatment Modernization Act of 2006 (Pub. L. 109-415), until the Secretary begins to provide funds to entities through section 2693 of the Public Health Service Act (42 U.S.C. 300ff-121), as added by the Ryan White HIV/AIDS Treatment Modernization Act of 2006. SEC. 5. EXEMPTION FROM MEDICAID TERRITORIAL FUNDING LIMITATION FOR MEDICAL ASSISTANCE FOR INDIVIDUALS WITH HIV/AIDS. (a) In General.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended by adding at the end the following: ``(4) Disregarding medical assistance cap for individuals with hiv/aids.--Funding limitations under this subsection and subsection (f) shall not apply to amounts expended for medical assistance for individuals with HIV/AIDS (as defined in section 2688(7) of the Public Health Service Act).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to fiscal years beginning with fiscal year 2007.

HIV Emergency Local Partnership Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to eligible entities located in communities in which racial or ethnic minorities comprise a majority of the population to provide comprehensive HIV/AIDS service to racial and ethnic minorities in such communities. Directs the Secretary to continue funding grants awarded through the Minority HIV/AIDS Initiatives of the Health Resources and Services Administration until the Secretary begins to provide funds for such initiative through the Ryan White HIV/AIDS Treatment Modernization Act of 2006. Excludes amounts expended for medical assistance for individuals with HIV/AIDS when calculating the caps for Medicaid payments to territories.

To amend the Public Health Service Act to authorize grants to provide comprehensive HIV/AIDS services to racial and ethnic minorities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Campaign Reform Act of 1999''. SEC. 2. SOFT MONEY OF POLITICAL PARTIES. 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: ``SEC. 323. SOFT MONEY OF POLITICAL PARTIES. ``(a) National Committees.-- ``(1) In general.--A national committee of a political party (including a national congressional campaign committee of a political party) and any officers or agents of such party committees, shall not solicit, receive, or direct to another person a contribution, donation, or transfer of funds, or spend any funds, that are not subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Applicability.--This subsection shall apply to an entity that is directly or indirectly established, financed, maintained, or controlled by a national committee of a political party (including a national congressional campaign committee of a political party), or an entity acting on behalf of a national committee, and an officer or agent acting on behalf of any such committee or entity. ``(b) State, District, and Local Committees.-- ``(1) In general.--An amount that is expended or disbursed by a State, district, or local committee of a political party (including an entity that is directly or indirectly established, financed, maintained, or controlled by a State, district, or local committee of a political party and an officer or agent acting on behalf of such committee or entity) for Federal election activity shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Federal election activity.-- ``(A) In general.--The term `Federal election activity' means-- ``(i) voter registration activity during the period that begins on the date that is 120 days before the date a regularly scheduled Federal election is held and ends on the date of the election; ``(ii) voter identification, get-out-the- vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot); and ``(iii) a communication that refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified) and is made for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy). ``(B) Excluded activity.--The term `Federal election activity' does not include an amount expended or disbursed by a State, district, or local committee of a political party for-- ``(i) campaign activity conducted solely on behalf of a clearly identified candidate for State or local office, provided the campaign activity is not a Federal election activity described in subparagraph (A); ``(ii) a contribution to a candidate for State or local office, provided the contribution is not designated or used to pay for a Federal election activity described in subparagraph (A); ``(iii) the costs of a State, district, or local political convention; ``(iv) the costs of grassroots campaign materials, including buttons, bumper stickers, and yard signs, that name or depict only a candidate for State or local office; ``(v) the non-Federal share of a State, district, or local party committee's administrative and overhead expenses (but not including the compensation in any month of an individual who spends more than 20 percent of the individual's time on Federal election activity) as determined by a regulation promulgated by the Commission to determine the non-Federal share of a State, district, or local party committee's administrative and overhead expenses; and ``(vi) the cost of constructing or purchasing an office facility or equipment for a State, district or local committee. ``(C) Generic campaign activity.--The term `generic campaign activity' means an activity that promotes a political party and does not promote a candidate or non-Federal candidate. ``(c) Fundraising Costs.--An amount spent by a national, State, district, or local committee of a political party, by an entity that is established, financed, maintained, or controlled by a national, State, district, or local committee of a political party, or by an agent or officer of any such committee or entity, to raise funds that are used, in whole or in part, to pay the costs of a Federal election activity shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. ``(d) Tax-Exempt Organizations.--A national, State, district, or local committee of a political party (including a national congressional campaign committee of a political party), an entity that is directly or indirectly established, financed, maintained, or controlled by any such national, State, district, or local committee or its agent, and an officer or agent acting on behalf of any such party committee or entity, shall not solicit any funds for, or make or direct any donations to, an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section). ``(e) Candidates.-- ``(1) In general.--A candidate, individual holding Federal office, agent of a candidate or individual holding Federal office, or an entity directly or indirectly established, financed, maintained or controlled by or acting on behalf of one or more candidates or individuals holding Federal office, shall not-- ``(A) solicit, receive, direct, transfer, or spend funds in connection with an election for Federal office, including funds for any Federal election activity, unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act; or ``(B) solicit, receive, direct, transfer, or spend funds in connection with any election other than an election for Federal office or disburse funds in connection with such an election unless the funds-- ``(i) are not in excess of the amounts permitted with respect to contributions to candidates and political committees under paragraphs (1) and (2) of section 315(a); and ``(ii) are not from sources prohibited by this Act from making contributions with respect to an election for Federal office. ``(2) State law.--Paragraph (1) does not apply to the solicitation, receipt, or spending of funds by an individual who is a candidate for a State or local office in connection with such election for State or local office if the solicitation, receipt, or spending of funds is permitted under State law for any activity other than a Federal election activity. ``(3) Fundraising events.--Notwithstanding paragraph (1), a candidate may attend, speak, or be a featured guest at a fundraising event for a State, district, or local committee of a political party.''. SEC. 3. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES OF POLITICAL PARTIES AND AGGREGATE CONTRIBUTION LIMIT FOR INDIVIDUALS. (a) Contribution Limit for State Committees of Political Parties.-- Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)) is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C)-- (A) by inserting ``(other than a committee described in subparagraph (D))'' after ``committee''; and (B) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(D) to a political committee established and maintained by a State committee of a political party in any calendar year which, in the aggregate, exceed $10,000.''. (b) Aggregate Contribution Limit for Individual.--Section 315(a)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended by striking ``$25,000'' and inserting ``$30,000''. SEC. 4. REPORTING REQUIREMENTS. (a) Reporting Requirements.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following: ``(d) Political Committees.-- ``(1) National and congressional political committees.--The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements during the reporting period. ``(2) Other political committees to which section 323 applies.--In addition to any other reporting requirements applicable under this Act, a political committee (not described in paragraph (1)) to which section 323(b)(1) applies shall report all receipts and disbursements made for activities described in subparagraphs (A) and (B)(v) of section 323(b)(2). ``(3) Itemization.--If a political committee has receipts or disbursements to which this subsection applies from any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same manner as required in paragraphs (3)(A), (5), and (6) of subsection (b). ``(4) Reporting periods.--Reports required to be filed under this subsection shall be filed for the same time periods required for political committees under subsection (a).''. (b) Building Fund Exception to the Definition of Contribution.-- Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) by striking clause (viii); and (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through (xiii), respectively. SEC. 5. CODIFICATION OF BECK DECISION. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) Nonunion Member Payments to Labor Organization.-- ``(1) In general.--It shall be an unfair labor practice for any labor organization which receives a payment from an employee pursuant to an agreement that requires employees who are not members of the organization to make payments to such organization in lieu of organization dues or fees not to establish and implement the objection procedure described in paragraph (2). ``(2) Objection procedure.--The objection procedure required under paragraph (1) shall meet the following requirements: ``(A) The labor organization shall annually provide to employees who are covered by such agreement but are not members of the organization-- ``(i) reasonable personal notice of the objection procedure, the employees eligible to invoke the procedure, and the time, place, and manner for filing an objection; and ``(ii) reasonable opportunity to file an objection to paying for organization expenditures supporting political activities unrelated to collective bargaining, including but not limited to the opportunity to file such objection by mail. ``(B) If an employee who is not a member of the labor organization files an objection under the procedure in subparagraph (A), such organization shall-- ``(i) reduce the payments in lieu of organization dues or fees by such employee by an amount which reasonably reflects the ratio that the organization's expenditures supporting political activities unrelated to collective bargaining bears to such organization's total expenditures; and ``(ii) provide such employee with a reasonable explanation of the organization's calculation of such reduction, including calculating the amount of organization expenditures supporting political activities unrelated to collective bargaining. ``(3) Definition.--In this subsection, the term `expenditures supporting political activities unrelated to collective bargaining' means expenditures in connection with a Federal, State, or local election or in connection with efforts to influence legislation unrelated to collective bargaining.''.

Establishes an individual annual limit of $10,000 for State committee contributions. Increases the aggregate individual contribution limit to $30,000. Requires national and State committees to report all receipts and disbursements. Repeals the building fund exception to the definition of contribution. Amends the National Labor Relations Act to declare it to be an unfair labor practice for a labor organization to receive payments from an employee pursuant to an agreement requiring such non-member employee to make payments in lieu of organization dues or fees without establishing a specified objection procedure under which the non-member's fees are reduced by the percentage that would be used to support political activities (thus codifying the U.S. Supreme Court decision in Communications Workers of America et al. v. Beck et al).

Bipartisan Campaign Reform Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Geothermal Initiative Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) domestic geothermal resources have the potential to provide vast amounts of clean, renewable, and reliable energy to the United States; (2) Federal policies and programs are critical to achieving the potential of those resources; (3) Federal tax policies should be modified to appropriately support the longer lead-times of geothermal facilities and address the high risks of geothermal exploration and development; (4) sustained and expanded research programs are needed-- (A) to support the goal of increased energy production from geothermal resources; and (B) to develop the technologies that will enable commercial production of energy from more geothermal resources; (5) a comprehensive national resource assessment is needed to support policymakers and industry needs; (6) a national exploration and development technology and information center should be established to support the achievement of increased geothermal energy production; and (7) implementation and completion of geothermal and other renewable initiatives on public land in the United States is critical, consistent with the principles and requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable law. SEC. 3. NATIONAL GOAL. Congress declares that it shall be a national goal to achieve 20 percent of total electrical energy production in the United States from geothermal resources by not later than 2030. SEC. 4. DEFINITIONS. In this Act: (1) Initiative.--The term ``Initiative'' means the national geothermal initiative established by section 5(a). (2) National goal.--The term ``national goal'' means the national goal of increased energy production from geothermal resources described in section 3. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 5. NATIONAL GEOTHERMAL INITIATIVE. (a) Establishment.--There is established a national geothermal initiative under which the Federal Government shall seek to achieve the national goal. (b) Federal Support and Coordination.--In carrying out the Initiative, each Federal agency shall give priority to programs and efforts necessary to support achievement of the national goal to the extent consistent with applicable law. (c) Energy and Interior Goals.-- (1) In general.--In carrying out the Initiative, the Secretary and the Secretary of the Interior shall establish and carry out policies and programs-- (A) to characterize the complete geothermal resource base (including engineered geothermal systems) of the United States by not later than 2010; (B) to sustain an annual growth rate in the use of geothermal power, heat, and heat pump applications of at least 10 percent; (C) to demonstrate state-of-the-art energy production from the full range of geothermal resources in the United States; (D) to achieve new power or commercial heat production from geothermal resources in at least 25 States; and (E) to develop the tools and techniques to construct an engineered geothermal system power plant. (2) Report to congress.--Not later than 1 year after the date of enactment of this Act, and every 3 years thereafter, the Secretary and the Secretary of the Interior shall jointly submit to the appropriate Committees of Congress a report that describes-- (A) the proposed plan to achieve the goals described in paragraph (1); and (B) a description of the progress during the period covered by the report toward achieving those goals. (d) Geothermal Research, Development, Demonstration, and Commercial Application.-- (1) In general.--The Secretary shall carry out a program of geothermal research, development, demonstration, outreach and education, and commercial application to support the achievement of the national goal. (2) Requirements of program.--In carrying out the geothermal research program described in paragraph (1), the Secretary shall-- (A) prioritize funding for the discovery and characterization of geothermal resources; (B) expand funding for cost-shared drilling; (C)(i) establish, at a national laboratory or university research center selected by the Secretary, a national geothermal exploration research and information center; (ii) support development and application of new exploration and development technologies through the center; and (iii) in cooperation with the Secretary of the Interior, disseminate geological and geophysical data to support geothermal exploration activities through the center; (D) support cooperative programs with and among States, including with the Great Basin Center for Geothermal Energy, the Intermountain West Geothermal Consortium, and other similar State and regional initiatives, to expand knowledge of the geothermal resource base of the United States and potential applications of that resource base; (E) improve and advance high-temperature and high- pressure drilling, completion, and instrumentation technologies benefiting geothermal well construction; (F) demonstrate geothermal applications in settings that, as of the date of enactment of this Act, are noncommercial; (G) research, develop, and demonstrate engineered geothermal systems techniques for commercial application of the technologies, including advances in-- (i) reservoir stimulation; (ii) reservoir characterization, monitoring, and modeling; (iii) stress mapping; (iv) tracer development; (v) 3-dimensional tomography; and (vi) understanding seismic effects of deep drilling and reservoir engineering; and (H) support the development and application of the full range of geothermal technologies and applications. (3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out this subsection-- (A) $75,000,000 for fiscal year 2008; (B) $110,000,000 for each of fiscal years 2009 through 2012; and (C) for fiscal year 2013 and each fiscal year thereafter through fiscal year 2030, such sums as are necessary. (e) Geothermal Assessment, Exploration Information, and Priority Activities.-- (1) Interior.--In carrying out the Initiative, the Secretary of the Interior-- (A) acting through the Director of the United States Geological Survey, shall, not later than 2010-- (i) conduct and complete a comprehensive nationwide geothermal resource assessment that examines the full range of geothermal resources in the United States; and (ii) submit to the appropriate committees of Congress a report describing the results of the assessment; and (B) in planning and leasing, shall consider the national goal established under this Act. (2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of the Interior to carry out this subsection-- (A) $15,000,000 for fiscal year 2008; (B) $25,000,000 for each of fiscal years 2009 to 2012; and (C) for fiscal year 2013 and each fiscal year thereafter through fiscal year 2030, such sums as are necessary. SEC. 6. INTERMOUNTAIN WEST GEOTHERMAL CONSORTIUM. Section 237 of the Energy Policy Act of 2005 (42 U.S.C. 15874) is amended by adding at the end the following: ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $5,000,000 for each of fiscal years 2008 through 2013; and ``(2) such sums as are necessary for each of fiscal years 2014 through 2020.''. SEC. 7. INTERNATIONAL MARKET SUPPORT FOR GEOTHERMAL ENERGY DEVELOPMENT. (a) United States Agency for International Development.--The United States Agency for International Development, in coordination with other appropriate Federal and multilateral agencies, shall support international and regional development to promote the use of geothermal resources, including (as appropriate) the African Rift Geothermal Development Facility. (b) United States Trade and Development Agency.--The United States Trade and Development Agency shall support the Initiative by-- (1) encouraging participation by United States firms in actions taken to carry out subsection (a); and (2) providing grants and other financial support for feasibility and resource assessment studies. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

National Geothermal Initiative Act of 2007 - Declares a national goal to achieve 20% of total electrical energy production in the United States from geothermal resources by 2030. Establishes a national geothermal initiative under which the federal government shall seek to achieve the national goal. Requires each federal agency to give priority to programs and efforts necessary to achieve such national goal. Specifies goals for the Secretaries of Energy and of the Interior. Instructs the Secretary of Energy to implement a geothermal research and development program to achieve such goals, and the Secretary of the Interior to conduct a related comprehensive nationwide geothermal resource assessment. Amends the Energy Policy Act of 2005 to authorize appropriations for the Intermountain West Geothermal Consortium. Directs the U.S. Agency for International Development to support international and regional development to promote the use of geothermal resources, including the African Rift Geothermal Development Facility. Directs the U.S. Trade and Development Agency to: (1) support the national geothermal initiative; and (2) provide grants and other financial support for feasibility and resource assessment studies.

A bill to establish a national geothermal initiative to encourage increased production of energy from geothermal resources, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Worker Protection Act of 1997''. SEC. 2. USE OF DESIGNATED HOLLOW-BORE NEEDLE DEVICES BY HOSPITALS UNDER THE MEDICARE PROGRAM. (a) Condition of Participation.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)), as amended by section 4321(b) of the Balanced Budget Act of 1997, is amended-- (1) by striking the period at the end of subparagraph (S) and inserting ``; and''; and (2) by inserting after subparagraph (S), the following new subparagraph: ``(T) except as provided in paragraph (4), in the case of a hospital or a critical access hospital, to use, when furnishing services to individuals through the use of a hollow-bore needle device, only such a device designated by the Commissioner of Food and Drugs, under section 4 of the Health Care Worker Protection Act of 1997, as minimizing the risk of needlestick injury to health care workers.''. (b) Exceptions Authority.--Section 1866(a) of such Act (42 U.S.C. 1395cc(a)) is amended by adding at the end the following new paragraph: ``(4) The Secretary may waive the requirement under paragraph (1)(T)-- ``(A) with respect to services furnished by a critical access hospital, ``(B) in the case of an act of self-administration of such services, and ``(C) in such other cases as the Secretary determines appropriate.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to hospitals for services furnished through the use of a hollow-bore needle device on or after the first day of the fourth month that begins after the date on which the Commissioner of Food and Drugs designates classes of hollow-bore needle devices under section 4. SEC. 3. USE OF DESIGNATED HOLLOW-BORE NEEDLE DEVICES IN VETERANS HOSPITALS. (a) In General.--Section 7311 of title 38, United States Code, is amended-- (1) in subsection (b), by striking out paragraph (3); (2) by striking out subsection (d); (3) by redesignating subsection (e) as subsection (d); and (4) by adding at the end the following new subsection: ``(e)(1) As part of the quality-assurance program, the Under Secretary for Health shall ensure that the Department in the provision of hospital care under this title uses, when furnishing services to individuals through the use of a hollow-bore needle device, only such a device designated by the Commissioner of Food and Drugs, under section 4 of the Health Care Worker Protection Act of 1997, as minimizing the risk of needlestick injury to health care workers. ``(2) The Under Secretary may waive the requirement under paragraph (1) in the case of an act of self-administration of such services, and in such other cases as the Secretary determines appropriate.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to the provision of hospital care under such title furnished through the use of a hollow-bore needle device on or after the first day of the fourth month that begins after the date on which the Commissioner of Food and Drugs designates classes of hollow-bore needle devices under section 4. SEC. 4. DESIGNATION OF CLASSES OF HOLLOW-BORE NEEDLE DEVICES THAT MINIMIZE RISK OF NEEDLESTICK INJURY. (a) Designation of Classes of Devices.-- (1) Initial designation.--Not later than 1 year after the date of the enactment of this Act, the Commissioner of Food and Drugs, in consultation with the advisory council described in subsection (b), shall designate classes of hollow-bore needle devices that minimize the risk of needlestick injury (as defined in subsection (c)). (2) Subsequent designation.--The Commissioner, in consultation with the advisory council described in subsection (b), shall periodically review and update classes of hollow- bore needle devices described in paragraph (1). (b) Advisory Council Described.--The advisory council described in this subsection is an advisory council established by the Commissioner and comprised of such representatives from consumer groups, health care workers (including at least one practicing registered nurse), and technical experts as the Commissioner determines appropriate. (c) Needlestick Injury Defined.--For purposes of this Act, the term ``needlestick injury'' means the parenteral introduction into the body of a health care worker of blood or other potentially infectious material by a hollow-bore needle device during the performance of duties of such worker. SEC. 5. EDUCATION AND TRAINING. (a) In General.--The Secretary of Health and Human Services shall provide for such education and training in the use of hollow-bore needle devices designated by the Commissioner of Food and Drugs under section 4, as the Secretary determines appropriate. (b) Authorization of Appropriation.--There are authorized to be appropriated $5,000,000, to remain available until expended, to carry out the education and training described in subsection (a).

Health Care Worker Protection Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act and Federal veterans benefits law to make it a condition of participation, except in specified circumstances, that hospitals use only designated hollow-bore needle devices that minimize the risk of needlestick injury to health care workers when furnishing services to individuals under the Medicare program and to individuals in veterans hospitals. Directs the Commissioner of Food and Drugs to designate classes of hollow-bore needle devices that minimize the risk of needlestick injury, in consultation with an advisory council the Commissioner shall establish for such purpose. Directs the Secretary of Health and Human Services to provide for such education and training in the use of such designated devices as the Secretary determines appropriate. Authorizes appropriations.

Health Care Worker Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Merger Moratorium Act''. SEC. 2. MORATORIUM ON AIRLINE MERGERS. (a) In General.--During the 2-year period beginning on January 1, 2001, a major air carrier may not acquire directly or indirectly, any voting securities or assets of any other air carrier that would result in its having control of that other air carrier (or the assets of that air carrier), nor may a major air carrier be merged with another air carrier in any other form of transaction, if the resulting air carrier would have 10 percent or more of all enplanements in the United States, based on the most recently available data from the Department of Transportation. (b) Enforcement.--An acquisition or merger described in subsection (a) is deemed to be an unfair method of competition for purposes of section 41712 of title 49, United States Code. SEC. 3. MORATORIUM ON MERGER-RELATED CHANGES IN OPERATING AUTHORITY. (a) In General.--During the 2-year period described in section 2(a), the Secretary of Transportation may not-- (1) issue any new operating authority described in subsection (b) that relates to, or is in connection with, a major air carrier's acquisition of, or merger with, another air carrier; or (2) make or permit any changes in the operating authorities described in subsection (b) for a major air carrier if that change relates to, or is in connection with, that air carrier's acquisition of, or merger with, another air carrier. (b) Embargoed Operating Authorities.--The operating authorities to which subsection (a) applies are the following: (1) Operating certificates.--A certificate issued under chapter 411 of title 49, United States Code. (2) International route authorities.--A permit to provide foreign air transportation. (3) Slots.--Slots or slot exemptions. SEC. 4. ALLIANCES; CODE-SHARING; JOINT VENTURES. During the 2-year period described in section 2-- (1) the Secretary may not approve any changes to an international alliance or code-sharing arrangement of a major air carrier that relates to an acquisition or merger described in section 2(a); and (2) no joint venture agreement described in section 41720(a)(1) of title 49, United States Code, that relates to, or is executed in connection with, an acquisition or merger described in section 2 may take effect. SEC. 5. EXCEPTIONS. (a) Small Carriers.--Sections 2, 3, and 4 do not apply to the operating authority for any air carrier (as defined in section 40102(a)(2) of title 49, United States Code) that is certified under chapter 411 of that title to provide air transportation of passengers that acquires or is acquired or merged with another air carrier unless the air carrier formed by the acquisition or merger would have 10 percent or more of all passenger enplanements in the United States, based on the most recently available data from the Department of Transportation. (b) Safety.--Nothing in section 3 prohibits any safety-related change in any operating authority described in that section. (c) Slots for New Entrants.--Section 3(b)(3) does not prohibit any change in a slot or slot exemption for the purpose of accommodating flight operations by-- (1) a new entrant air carrier (as defined in section 41714(h)(3) of title 49, United States Code); or (2) an air carrier that-- (A) is not involved in an acquisition or merger described in section 2; and (B) is operating service at a small hub airport or a medium hub airport, as such terms are defined in section 41714(h)(8) and (9), respectively, of title 49, United States Code, using aircraft with 71 or fewer seats. SEC. 6. DEFINITIONS. In this Act: (1) Major air carrier.--The term ``major air carrier'' means an air carrier certificated under section 41102 of title 49, United States Code, to provide air transportation of passengers that accounted for at least 1 percent of domestic scheduled-passenger revenues in the 12 months ending March 31 of each year, as reported to the Department of Transportation pursuant to part 241 of title 14, Code of Federal Regulations, and identified as a reporting carrier periodically in accounting and reporting directives issued by the Office of Airline Information. (2) Change.--The term ``change'' includes issuance, denial, amendment, modification, suspension, revocation, and transfer, including de facto transfers of control of international operating authority through acquisition or merger. (3) Acquisition.--The term ``acquisition'' means acquisition of assets or stock and includes any assumption of indebtedness. (4) Merger.--The term ``merger'' includes any arrangement, whether through the use of a holding company, parent-subsidiary corporations, joint venture structure, or otherwise under which 2 or more entities are placed under common control. (5) Control.--With respect to whether a corporation or other entity is considered to be controlled by another corporation or other entity, the term `control' means that more than 10 percent of the ownership, voting rights, capital stock, or other pecuniary interest in that corporation or entity is owned, held, or controlled, directly or indirectly, by such other corporation or entity. (6) Passenger enplanements.--The term ``passenger enplanements'' means the average annual number of passenger enplanements as determined by the Department of Transportation for statistical purposes. SEC. 7. DEPARTMENT OF TRANSPORTATION STUDY. The Secretary of Transportation, during the 2-year period described in section 2(a), shall conduct a study to evaluate and determine the impact that consolidations and mergers in the airline industry to date have had on consumers in the areas of price, competition within markets, levels of service, and the availability of flights in rural communities. The Secretary shall report the Secretary's findings and conclusions, together with any recommendations, to the Congress within 30 days after the end of the 2-year period described in section 2(a).

Airline Merger Moratorium Act - Prohibits, for a specified two-year period, a major air carrier from acquiring directly or indirectly any voting securities or assets of any other air carrier that would result in its having control of the other air carrier (or its assets), or from being merged with another air carrier in any other form of transaction, if such merger results in the air carrier's having ten percent or more of all enplanements in the United States. Deems such acquisition or merger an unfair method of competition for purposes of an investigation by the Secretary of Transportation into whether an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation.Prohibits the Secretary, during such period, from: (1) issuing any new operating authority (domestic and international operating certificates, or slots or slot exemptions (landing and take-off rights)),or making or permitting any changes in such authorities, that relates to, or is in connection with, a major air carrier's acquisition of, or merger with, another air carrier; and (2) approving any changes to an international alliance or code-sharing arrangement of a major air carrier that relates to such acquisition or merger. Prohibits the taking effect during such period of any joint venture agreement between two or more major air carriers with regard to code-sharing, blocked-space arrangements, long-term wet leases of a substantial number of aircraft, or frequent flyer programs, or any other cooperative working arrangement between two or more major air carriers that affects more than 15 percent of the total number of available seat miles offered by major air carriers. Sets forth specified exceptions to such prohibitions.Directs the Secretary to study and report to Congress on the impact that consolidations and mergers in the airline industry have had on consumers in the areas of price, competition within markets, levels of service, and the availability of flights in rural communities.

A bill to prohibit the Secretary of Transportation from amending or otherwise modifying the operating certificates of major air carriers in connection with a merger or acquisition for a period of 2 years, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stabilizing Workforce and Towns Act of 1998''. SEC. 2. COORDINATED FEDERAL RESPONSE FOR COMMUNITY ASSISTANCE. (a) Establishment of SWAT Team Response.-- (1) In general.--The Secretary of Commerce, in consultation with the President's Economic Adjustment Committee, shall ensure that a Stabilizing Workforce and Towns Team (in this Act referred to as a ``SWAT Team'') is mobilized and that such team travels to a community in need (as defined in section 3) not later than 3 days after an application for assistance is received by that Secretary in accordance with paragraph (2). (2) Application.--For purposes of paragraph (1), the application for assistance shall be submitted by the Governor of the State in which the community that is requesting assistance under this Act is located and shall contain such information as the Secretary of Commerce may require in order to determine whether the area is a community in need. (3) Determination.--The Secretary shall not provide a SWAT Team response under this Act unless the Secretary determines that the area under consideration for such response is a community in need. (b) SWAT Team Membership.-- (1) In general.--A SWAT Team shall be composed of a representative from each of the following agencies: (A) The Department of Commerce. (B) The Department of Education. (C) The Department of Health and Human Services. (D) The Department of Housing and Urban Development. (E) The Department of Justice. (F) The Department of Labor. (G) The Department of Veterans Affairs. (H) The Small Business Administration. The representative of the Department of Commerce shall be the team leader of the SWAT Team. (2) Additional members.--In addition to the representatives described in paragraph (1), a SWAT Team shall be composed of a representative from any of the following agencies if the team leader of the team determines that such representation is appropriate in order to carry out the duties of the SWAT Team: (A) The Department of Agriculture. (B) The Department of Energy. (C) The Department of the Interior. (D) The Department of Treasury. (E) The Office of Management and Budget. (F) Any other Federal agency. (c) Duties of SWAT Team.--The SWAT Team shall have the following duties: (1) To establish operations in a public building in the community in need and maintain such operations for a minimum of 5 days. (2) To provide to individuals residing in the community in need information and materials that describe all relevant Federal assistance programs available and the process for applying for such assistance. The SWAT Team shall also make available the applications for such assistance. (3) To provide information to individuals residing in the community in need regarding additional resources available to such individuals to address their economic needs. (4) To designate a member of the SWAT Team as a liaison to the community in need. Such member shall be designated before the SWAT Team terminates operations in the community and shall continue to provide advise to the community regarding the long- term recovery of the community. SEC. 3. DEFINITION OF COMMUNITY IN NEED. (a) In General.--In this Act, the term ``community in need'' means an area that the Secretary of Commerce determines, using the criteria described in subsection (b), is experiencing a sudden and severe dislocation because of the closure or significant downsizing of a plant or industry located in the area. (b) Criteria for determination of sudden and severe economic dislocation.--The criteria described in this subsection are that an area must show actual or threatened permanent job losses that exceed the following threshold criteria: (1) Areas located in metropolitan statistical areas.--For an area located in a Metropolitan Statistical Area, if the unemployment rate of the Metropolitan Statistical Area in which the area is located-- (A) is greater than the national average, the dislocation must be equal to or greater than the lesser of-- (i) 0.5 percent of the employed population in the area; or (ii) 4,000 direct jobs; or (B) is equal to or less than the national average, the dislocation must be equal to or greater than the lesser of-- (i) 1 percent of the employed population in the area; or (ii) 8,000 direct jobs. (2) Areas not located in metropolitan statistical areas.-- For an area that is not located in a Metropolitan Statistical Area, if the unemployment rate of the Labor Market Area in which the area is located-- (A) is greater than the national average, the dislocation must be equal to or greater than the lesser of-- (i) 2 percent of the employed population in the area; or (ii) 500 direct jobs; or (B) is equal to or less than the national average, the dislocation must be equal to or greater than the lesser of-- (i) 4 percent of the employed population in the area; or (ii) 1,000 direct jobs. (3) Percent of job loss ratio.--At least 50 percent of the job loss ratio threshold is the result of the action of a single employer, or at least 80 percent of the job loss threshold occurs in a single standard industry classification. SEC. 4. REPORT. (a) In General.--Not later than 60 days after the completion of a SWAT Team response in a community in need, the SWAT Team shall submit a report to Congress, the community in need's congressional delegation, and the President's Economic Adjustment Committee. (b) Contents.--The report described in subsection (a) shall contain a detailed description of the assistance provided by the SWAT Team, recommendations regarding assistance to be provided by SWAT Teams in future responses, information regarding the long-term recovery plan for the community in need, and any other information regarding the provision of Federal assistance to communities in need, including community applications for Federal assistance, that the team determines to be appropriate. (c) Report on File.--A copy of the report described in subsection (a) shall be maintained on file by the Secretary of Commerce for use as a resource to assist similarly impacted communities in the future. (d) Centralized Location.--The Secretary of Commerce shall maintain all SWAT Team reports in a centralized location and shall make such reports available to the public.

Stabilizing Workforce and Towns Act of 1998 - Directs the Secretary of Commerce, in consultation with the President's Economic Adjustment Committee, to ensure that a Stabilizing Workforce and Towns Team (SWAT Team) is mobilized and that such team travels to a community in need after an application for assistance is received by the Secretary. Provides for such application to be submitted by the Governor of the State in which the community that is requesting assistance is located and to contain such information as the Secretary may require in order to determine whether the area is a community in need. Lists the Federal agencies from which members (and additional members) of the SWAT Team shall be composed. Requires the SWAT Team to: (1) establish operations in the community in need and maintain such operations for a minimum of five days; (2) provide to residents of such community information and materials that describe all relevant Federal assistance programs available and the process for applying for such assistance, and to make available the applications for such assistance; (3) provide information to such residents on additional resources available to them to address their economic needs; and (4) designate a SWAT Team member as a liaison to such community to continue advising the community on the long-term recovery of the community. Defines the term "community in need" to mean an area that the Secretary determines is experiencing a sudden and severe dislocation because of the closure or significant downsizing of a plant or industry in the area. Requires the SWAT Team, not later than 60 days after the completion of a SWAT Team response in a community in need, to submit a report to the Congress, such community's congressional delegation, and the President's Economic Adjustment Committee containing a description of the assistance provided by the Team, recommendations regarding assistance to be provided by Teams in future responses, information on the long-term recovery plan for the community in need, and any other information on the provision of Federal assistance to communities in need, including community applications for Federal assistance that the team determines to be appropriate. Directs the Secretary to maintain all SWAT Team reports in a centralized location and make such reports available to the public.

Stabilizing Workforce and Towns Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Health Investment Today Act'' or the ``PHIT Act.'' SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) almost 20 percent of American children between the ages of 2 and 19 are overweight or suffer from obesity; (2) 8 of the 9 most expensive illnesses in the United States are more common among overweight and obese individuals; (3) according to the Centers for Disease Control and Prevention, the increase in the number of overweight and obese Americans between 1987 and 2001 resulted in a 27 percent increase in per capita health care costs; (4) the World Health Organization determined that in the United States a $1 investment in physical activity alone (in time and equipment) would reduce medical expenses by $3.20; (5) research indicates that 2 in 5 Americans would become more physically active if offered a financial incentive; (6) the United States ranks last in the world in reducing the number of preventable deaths resulting from obesity-related chronic illnesses; and (7) engaging in physical activities at young ages when children are learning lifelong behaviors can have a significant impact on their long-term health. (b) Purpose.--The purpose of this Act is to promote health and prevent disease, particularly diseases related to being overweight and obese, by-- (1) encouraging healthier lifestyles; (2) providing financial incentives to ease the financial burden of engaging in healthy behavior; and (3) increasing the ability of individuals and families to participate in physical fitness activities. SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE. (a) In General.--Section 213(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(E) for qualified sports and fitness expenses.''. (b) Qualified Sports and Fitness Expenses.--Section 213(d) of such Code is amended by adding at the end the following paragraph: ``(12) Qualified sports and fitness expenses.-- ``(A) In general.--The term `qualified sports and fitness expenses' means amounts paid-- ``(i) for membership at a fitness facility, ``(ii) for participation or instruction in a program of physical exercise or physical activity, and ``(iii) for equipment for use in a program (including a self-directed program) of physical exercise or physical activity. ``(B) Overall dollar limitation.--The aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $1,000 ($2,000 in the case of a joint return or a head of household (as defined in section 2(b))). ``(C) Fitness facility defined.--For purposes of subparagraph (A)(i), the term `fitness facility' means a facility-- ``(i) providing instruction in a program of physical exercise, offering facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serving as the site of such a program of a State or local government, ``(ii) which is not a private club owned and operated by its members, ``(iii) which does not offer golf, hunting, sailing, or riding facilities, ``(iv) whose health or fitness facility is not incidental to its overall function and purpose, and ``(v) which is fully compliant with the State of jurisdiction and Federal anti- discrimination laws. ``(D) Treatment of exercise videos, etc.--Videos, books, and similar materials shall be treated as described in subparagraph (A)(ii) if the content of such materials constitute instruction in a program of physical exercise or physical activity. ``(E) Limitations related to sports and fitness equipment.--Amounts paid for equipment described in subparagraph (A)(iii) shall be treated as a qualified sports and fitness expense only-- ``(i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity programs, ``(ii) if such equipment is not apparel or footwear, and ``(iii) in the case of any item of sports equipment (other than exercise equipment), with respect to so much of the amount paid for such item as does not exceed $250. ``(F) Programs which include components other than physical exercise and physical activity.--Rules similar to the rules of section 213(d)(6) shall apply in the case of any program that includes physical exercise or physical activity and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as an other component.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Personal Health Investment Today Act or the PHIT Act Amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for a joint return or a head of household) of qualified sports and fitness expenses. Defines "qualified sports and fitness expenses" as amounts paid for fitness facility memberships, physical exercise programs, and exercise equipment.

PHIT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Start-up Savings Accounts Act of 2011''. SEC. 2. ESTABLISHMENT OF SMALL BUSINESS START-UP SAVINGS ACCOUNTS. (a) In General.--Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 408A the following new section: ``SEC. 408B. SMALL BUSINESS START-UP SAVINGS ACCOUNTS. ``(a) General Rule.--Except as provided in this section, a Small Business Start-up Savings Account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(b) Small Business Start-Up Savings Account.--For purposes of this title, the term `Small Business Start-up Savings Account' means an individual retirement plan which is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a Small Business Start-up Savings Account. ``(c) Treatment of Contributions.-- ``(1) No deduction allowed.--No deduction shall be allowed under section 219 for a contribution to a Small Business Start- up Savings Account. ``(2) Contribution limit.-- ``(A) In general.--The aggregate amount of contributions for any taxable year to all Small Business Start-up Savings Accounts maintained for the benefit of an individual shall not exceed $10,000. ``(B) Aggregate limitation.--The aggregate of the amount contributions for all taxable years with respect to all Small Business Start-up Savings Accounts maintained for the benefit of an individual shall not exceed $150,000. ``(C) Cost of living adjustment.-- ``(i) In general.--In the case of a taxable year beginning after 2012, the $10,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2011' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500. ``(3) Contributions permitted after age 70\1/2\.-- Contributions to a Small Business Start-up Savings Account may be made even after the individual for whom the account is maintained has attained age 70\1/2\. ``(4) Rollovers from retirement plans not allowed.--A taxpayer shall not be allowed to make a qualified rollover contribution to a Small Business Start-up Savings Account from any eligible retirement plan (as defined in section 402(c)(8)(B)), except as may be provided by the Secretary in the case of a rollover from another Small Business Start-up Savings Account. ``(5) Income based on modified adjusted gross income.-- ``(A) In general.--In the case of a taxable year in which the taxpayer's adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return), the dollar amount in effect for such taxable year under subsection (c)(2) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph shall be the amount which bears the same ratio to such limitation as-- ``(i) the excess of-- ``(I) the taxpayer's adjusted gross income for such taxable year, over ``(II) $150,000 ($300,000 in the case of a joint return), bears to ``(ii) $25,000. ``(C) Modified adjusted gross income.--The term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(d) Treatment of Distributions.-- ``(1) Tax treatment.-- ``(A) Exclusion of qualified distributions.--Any qualified distribution from a Small Business Start-up Savings Account shall not be includible in gross income. ``(B) Inclusion of other distributions.-- Distributions from a Small Business Start-up Savings Account which is not a qualified distribution shall be included in gross income and, for purposes of section 1, treated as a net capital gain. ``(2) Qualified distribution.--For purposes of this subsection, the term `qualified distribution' means, with respect to any taxable year, any payment or distribution from a Small Business Start-up Savings Account-- ``(A) to the extent the amount of such payment or distribution does not exceed the sum of-- ``(i) the aggregate amounts paid or incurred by the taxpayer for such taxable year with respect to a trade or business for the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees, and ``(ii) the aggregate capital contributions of the taxpayer with respect to a trade or business for the taxable year (but only to the extent such amounts are used in such trade or business for purposes described in clause (i)), and ``(B) which, in the case of a payment or distribution subsequent to the first payment or distribution from such account (or any predecessor to such account)-- ``(i) is made not later than the close of the 5th taxable year beginning after the date of such first payment or distribution, and ``(ii) is made with respect to the same trade or business with respect to which such first payment or distribution was made. ``(3) Treatment after death of account beneficiary.--If, by reason of the death of the account beneficiary, any person acquires the account beneficiary's interest in a Small Business Start-up Savings Account-- ``(A) such account shall cease to be a Small Business Start-up Savings Account as of the date of death, and ``(B) an amount equal to the fair market value of the assets in such account on such date shall be includible-- ``(i) in the case of a person who is not the estate of such beneficiary, in such person's gross income for the taxable year which includes such date, or ``(ii) in the case of a person who is the estate of such beneficiary, in such beneficiary's gross income for the last taxable year of such beneficiary. ``(C) Special rules.-- ``(i) Reduction of inclusion for predeath expenses.--The amount includible in gross income under subparagraph (B) shall be reduced by the amounts described in paragraph (2) which were incurred by the decedent before the date of the decedent's death and paid by such person within 1 year after such date. ``(ii) Deduction for estate taxes.--An appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent) with respect to amounts included in gross income under clause (i) by such person. ``(4) Mandatory distribution rules not to apply.--Section 401(a)(9)(A) and the incidental death benefit requirements of section 401(a) shall not apply to any Small Business Start-up Savings Account.''. (b) Excess Contributions.--Section 4973 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Excess Contributions to Small Business Start-Up Savings Accounts.--For purposes of this section, in the case of contributions to all Small Business Start-up Savings Accounts (within the meaning of section 408B(b)) maintained for the benefit of an individual, the term `excess contributions' means the sum of-- ``(1) the excess (if any) of-- ``(A) the amount contributed to such accounts for the taxable year, over ``(B) the amount allowable as a contribution under section 408B(c)(2)(A) for such taxable year, 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 for the taxable year, and ``(B) the excess (if any) of-- ``(i) the maximum amount allowable as a contribution under section 408B(c)(2)(A) for such taxable year, over ``(ii) the amount contributed to such accounts for such taxable year, and ``(3) the excess (if any) of-- ``(A) the excess (if any) of-- ``(i) the aggregate amounts contributed to such accounts for all taxable years, over ``(ii) the aggregate amount allowable as contributions under section 408B(c)(2)(B) for all taxable years, over ``(B) the amount determined under this paragraph for all preceding taxable years.''. (c) Conforming Amendment.--The table of sections for subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 408A the following new item: ``Sec. 408B. Small Business Start-up Savings Accounts.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

Small Business Start-up Savings Accounts Act of 2011- Amends the Internal Revenue Code to provide for tax-exempt Small Business Start-up Savings Accounts to pay for trade or business expenses, including the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. Allows annual contributions to such accounts up to $10,000. Sets forth rules for the tax treatment of contributions to and rollovers from such accounts, similar to rules governing individual retirement accounts (IRAs).

To amend the Internal Revenue Code of 1986 to establish tax-preferred Small Business Start-up Savings Accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Housing Preservation Act of 2006''. SEC. 2. EXCLUSION OF GAIN FROM SALES OF AFFORDABLE HOUSING WHICH IS ATTRIBUTABLE TO DEPRECIATION. (a) In General.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by inserting after section 1202 the following new section: ``SEC. 1203. EXCLUSION OF GAIN FROM QUALIFIED SALES OF MULTIFAMILY HOUSING. ``(a) In General.--Gross income shall not include gain from the qualified sale or exchange of eligible multifamily housing property. ``(b) Exclusion Limited to Depreciation.--The amount of gain excluded from gross income under subsection (a) with respect to any property shall not exceed the depreciation adjustments (as defined in section 1250(b)(3)) in respect of such property. ``(c) Qualified Sale or Exchange.--For purposes of this section-- ``(1) In general.--The term `qualified sale or exchange' means a sale of eligible multifamily housing property to or an exchange of such property with a preservation entity which agrees to maintain affordability and use restrictions regarding the property that are-- ``(A) for a term of not less than the extended use period, ``(B) legally enforceable, and ``(C) consistent with the requirements of paragraph (2). Such restrictions shall be binding on all successors of the preservation entity and shall be recorded as a restrictive covenant on the property pursuant to State law. ``(2) Affordability and use restrictions.-- ``(A) In general.--Affordability and use restrictions regarding a property are consistent with this paragraph if-- ``(i) in the case of property with respect to which assistance described in subsection (d) is still in effect (as determined by the Secretary), such property satisfies the affordability and use restrictions in connection with such assistance, or ``(ii) in the case of any other property, such property is maintained as affordable housing. ``(B) Affordable housing.--The term `affordable housing' means housing which would be a qualified low- income housing project (as defined in section 42(g)) if subparagraph (A) of section 42(g)(1) did not apply and subparagraph (B) of such section were applied by substituting `51 percent' for `40 percent'. Eligible multifamily housing property shall not fail to be treated as affordable housing solely because residents of such property (while such property was described in subparagraph (A)(i)) continue to reside in such property. ``(3) Certification by program administrator.--The term `qualified sale or exchange' shall not include any sale or exchange of property unless the housing agency certifies-- ``(A) that the transferee with respect to such property is a qualified preservation entity, ``(B) that affordability and use restrictions will be maintained with respect to such property during the extended use period, ``(C) that new capital will be expended that restores the condition of the property and funds adequate reserves, and ``(D) the amount of gain which the transferor will be allowed to exclude from gross income under subsection (a) (determined at the entity level in the case of a partnership or S corporation). ``(4) Extended use period.--The term `extended use period' means the period beginning on the date of sale and ending on the earlier of-- ``(A) 30 years after the close of the sale, or ``(B) the date that the property is acquired by foreclosure (or instrument in lieu of foreclosure). Subparagraph (B) shall not apply if the Secretary determines that the acquisition described therein is part of an arrangement with the owner a purpose of which is to terminate the extended use period. ``(d) Eligible Multifamily Housing Property.--For purposes of this section, the term `eligible multifamily housing property' means any section 1250 property (as defined in section 1250(c))-- ``(1) which is assisted under section 221(d)(3) or section 236 of the National Housing Act (or financed or assisted by direct loan or tax abatement under similar provisions of State or local laws) and with respect to which the owner is subject to the restrictions described in section 1039(b)(1)(B) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990), ``(2) which is described in section 512(2)(B) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), or ``(3) with respect to which a loan is made or insured under title V of the Housing Act of 1949. Such term does not include any property with respect to which a credit under section 42 was allowed to the taxpayer. ``(e) Preservation Entity.--For purposes of this section, the term `preservation entity' means a housing agency or an organization approved by a housing agency that has the capacity and commitment to successfully acquire and preserve eligible multifamily housing property. An organization shall not be treated as a preservation entity with respect to any taxpayer if such organization is related (as defined in section 267) to such taxpayer. ``(f) Responsibilities of Housing Agency.--The housing agency (or an agent or other private contractor of such agency) shall-- ``(1) determine whether the preservation entity's plan for rehabilitation and operation restores the condition of the eligible multifamily housing property and is viable for no less than 30 years, ``(2) monitor the affordability and use restrictions for the eligible multifamily housing property, and ``(3) notify the Internal Revenue Service as to any portion of such property which is out of compliance. ``(g) Recapture for Noncompliance.--If the Secretary determines that all or a portion of the multifamily housing property acquired by a preservation entity in a transfer to which subsection (a) applied is out of compliance with the requirements of this section, the preservation entity's tax imposed under this chapter for the taxable year shall be increased by (or if such entity is not otherwise subject to tax under this chapter, there shall be imposed on such entity a tax equal to) 12.5 percent of the amount which bears the same ratio to the amount certified under subsection (c)(3)(C) with respect to such property as such entity's share of the portion of such property which is out of compliance bears to the entire property. The amount otherwise determined under this subsection (without regard to this sentence) shall be reduced by the product of 3.33 percent of such amount, multiplied by the number of years after the qualified sale or exchange that the property was in compliance with the requirements of this section. ``(h) Coordination With Section 1250.--In the case of a qualified sale or exchange of eligible multifamily housing property a portion of the gain from which is treated as ordinary income under section 1250, such portion of the gain shall be excluded from gross income under subsection (a) before any remaining portion of such gain. ``(i) Housing Agency.--For purposes of this section, the term `housing agency' means, with respect to any eligible multifamily housing property, the State housing agency (or in the absence of a State housing agency, any Federal housing agency) which administers housing assistance with respect to such property.''. (b) Conforming Amendments.-- (1) Subparagraph (B) of section 172(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``section 1202'' and inserting ``section 1202 and 1203''. (2) Paragraph (4) of section 642(c) of such Code is amended by striking the first sentence and inserting the following: ``To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain described in section 1202(a) or 1203(a)), proper adjustment shall be made for any exclusion allowable to the estate or trust under section 1202 or section 1203, as the case may be.''. (3) Paragraph (3) of section 643(a) of such Code is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (4) Paragraph (4) of section 691(c) of such Code is amended by inserting ``1203,'' after ``1202,''. (5) Paragraph (2) of section 871(a) of such Code is amended by inserting ``and 1203'' after ``section 1202''. (6) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by inserting after the item relating to section 1202 the following new item: ``Sec. 1203. Exclusion of gain from qualified sales of multifamily housing.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.

Affordable Housing Preservation Act of 2006 - Amends the Internal Revenue to exclude from gross income gain from the sale or exchange of certain multifamily housing property to a housing agency or related organization (preservation entity) that agrees to maintain certain affordability and use restrictions for such property. Limits the excludable amount of such gain to the depreciation adjustments for such property.

A bill to amend the Internal Revenue Code of 1986 to provide an incentive to preserve affordable housing in multifamily housing units which are sold or exchanged.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mathematics and Science Proficiency Partnership Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) Mathematics and science education is a vital link to connect today's students with the information age and to the workplace of tomorrow. (2) American students consistently place below their international peers when it comes to demonstrating their skills in mathematics and science. (3) Proficiency in mathematics, science, and information technology is necessary to prepare American students for participation in the 21st Century and to guarantee that the United States economy remains vibrant and competitive. (4) Students in urban and rural America share a common need to receive a quality education, but often their schools lack the needed resources to lift these students into the information age. (5) The schools and businesses serving these communities are strategically positioned to form a unique partnership with urban and rural students that will increase their mathematics, science, and information technology proficiency for the benefit of the Nation. SEC. 3. DEMONSTRATION PROGRAM AUTHORIZED. (a) General Authority.-- (1) In general.-- (A) Grant program.--The Director shall, subject to appropriations, carry out a demonstration project under which the Director awards grants in accordance with this Act to 5 eligible local educational agencies in urban areas and 5 eligible local educational agencies in rural areas. (B) Uses of funds.--A local educational agency that receives a grant under this Act may use such grant funds to develop an information technology program that builds or expands mathematics, science, and information technology curricula, to purchase equipment necessary to establish such program, and to provide teacher training in such fields. (2) Program requirements.--The program described in paragraph (1) shall-- (A) train teachers specifically in information technology, mathematics, and science; and (B) provide students with specialized training in mathematics, science, and information technology. (b) Eligible Local Educational Agency.--For purposes of this Act, a local educational agency is eligible to receive a grant under this Act if the agency-- (1) is located in one of the localities which has received an award from the National Science Foundation under the Urban Systemic Initiative or the Rural Systemic Initiative program; (2) provides assurances that it has executed conditional agreements with representatives of the private sector to provide services and funds described in subsection (c); and (3) agrees to enter into an agreement with the Director to comply with the requirements of this Act. (c) Private Sector Participation.--The conditional agreement referred to in subsection (b)(2) shall describe participation by the private sector, including-- (1) the donation of computer hardware and software; (2) the establishment of internship and mentoring opportunities for students who participate in the information technology program; and (3) the donation of scholarship funds for eligible students who have participated in the information technology program. (d) Application.-- (1) In general.--Each eligible local educational agency desiring a grant under this section shall submit an application to the Director in accordance with guidelines established by the Director pursuant to paragraph (2). (2) Guidelines.-- (A) Requirements.--The guidelines referred to in paragraph (1) shall require, at a minimum, that the application include-- (i) a description of proposed activities consistent with the uses of funds and program requirements under subsection (a)(1)(B) and (a)(2); (ii) a description of the scholarship program, including criteria for selection, duration of scholarship, number of scholarships to be awarded each year, and funding levels for scholarships; and (iii) evidence of private sector participation and financial support to establish an internship, mentoring, and scholarship program. (B) Guideline publication.--The Director shall issue and publish such guidelines not later than 6 months after the date of the enactment of this Act. (3) Selection.--The Director shall select a local educational agency to receive an award under this Act in accordance with subsection (e) and on the basis of merit to be determined after conducting a comprehensive review. (e) Priority.--The Director shall give special priority in awarding grants under this Act to eligible local educational agencies that demonstrate the greatest ability to obtain commitments from representatives of the private sector to provide services and funds described under subsection (c). SEC. 4. ASSESSMENT AND REPORTING. (a) Assessment.--The Director shall assess the effectiveness of activities carried out under this Act. Such assessment shall be included as part of the assessment and reporting process used for the Urban and Rural Systemic Initiatives programs. (b) Study.--The Director shall initiate a longitudinal study of eligible students selected for scholarships pursuant to this Act and shall report such findings to Congress not later than 4 years after the award of the first scholarship. Such report shall include the number of students graduating from an institution of higher education with a major in mathematics, science, or information technology and the number of students who find employment in such fields. SEC. 5. DEFINITIONS. Except as otherwise provided, for purposes of this Act-- (1) the term ``Director'' means the Director of the National Science Foundation; (2) the term ``eligible student'' means a student enrolled in the 12th grade who-- (A) would be a first-generation college student; (B) has participated in an information technology program established pursuant to this Act; (C) has demonstrated a commitment to pursue a career in information technology, mathematics, science, or engineering; and (D) has attained high academic standing and maintains a grade point average of not less than 3.0 on a 4.0 scale for the last 2 years of secondary school (11th and 12th grades); and (3) 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); SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the National Science Foundation to carry out this Act, $3,000,000. (b) Maximum Grant Award.--An award made to an eligible local educational agency under this Act may not exceed $300,000.

Mathematics and Science Proficiency Partnership Act of 1999 - Requires the Director of the National Science Foundation (NSF), subject to appropriations, to carry out a demonstration project under which grants are awarded to five eligible local educational agencies (LEAs) in urban areas and five eligible LEAs in rural areas, for: (1) developing information technology programs that build or expand mathematics, science, and information technology curricula; (2) purchasing equipment necessary to establish such programs; and (3) providing teacher training in such fields. Makes eligible for grants LEAs that: (1) are located in localities that have received an award from the NSF under the Urban Systemic Initiative or the Rural Systemic Initiative program; (2) provide assurances that they have executed conditional agreements with representatives of the private sector to provide services and scholarship funds; and (3) agree to enter into an agreement with the Director to comply with this Act. Sets forth application requirements. Requires the Director to give special priority for grants to LEAs that demonstrate the greatest ability to obtain commitments from the private sector for services and funds. Requires the Director to: (1) assess the effectiveness of activities under this Act; and (2) initiate a longitudinal study of students selected for scholarships and report findings to the Congress. Authorizes appropriations. Limits the maximum grant awarded to an LEA.

Mathematics and Science Proficiency Partnership Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity Crowdfunding Improvement Act of 2014''. SEC. 2. CROWDFUNDING. (a) Repeal of Existing Law.--The CROWDFUND Act is hereby repealed and the provisions of law amended by such Act are revived or restored as if such Act had not been enacted. (b) New Crowdfunding Law.--The Jumpstart Our Business Startups Act is amended-- (1) by inserting after title II the following: ``TITLE III--ENTREPRENEUR ACCESS TO CAPITAL ``SEC. 301. CROWDFUNDING EXEMPTION. ``(a) In General.--Section 4(a) of the Securities Act of 1933 (15 U.S.C. 77d(a)(6)) is amended by adding at the end the following: ```(6) transactions involving the offer or sale of securities by an issuer, provided that-- ```(A) the aggregate amount sold within the previous 12-month period in reliance upon this exemption is-- ```(i) $3,000,000, as such amount is adjusted by the Commission to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, or less; or ```(ii) if the issuer provides potential investors with audited financial statements, $5,000,000, as such amount is adjusted by the Commission to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, or less; ```(B) the aggregate amount sold to any investor who is not an accredited investor in reliance on this exemption within the previous 12-month period does not exceed the greater of-- ```(i) $5,000, as such amount is adjusted by the Commission to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics; ```(ii) 10 percent of the investor's annual income; or ```(iii) 10 percent of the investor's net worth; ```(C) in the case of a transaction involving an intermediary between the issuer and the investor, such intermediary complies with the requirements under section 4A(a); ```(D) if the aggregate amount sold within the previous 12-month period in reliance upon this exemption is-- ```(i) $500,000 or less, the issuer provides potential investors with financial statements that have been certified by the principal executive officer of the issuer to be true and complete in all material respects; and ```(ii) more than $500,000 and less than $3,000,000, the issuer provides potential investors with financial statements that have been reviewed by a public accountant who is independent of the issuer, using professional standards and procedures for such review; and ```(E) at the time such securities are issued, the issuer is a corporation.'. ``(b) Requirement on Intermediaries.--The Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended by inserting after section 4 the following: ```SEC. 4A. REQUIREMENTS ON INTERMEDIARIES WITH RESPECT TO CROWDFUNDING TRANSACTIONS. ```(a) Requirements on Intermediaries.--For purposes of section 4(a)(6), a person acting as an intermediary in a transaction involving the offer or sale of securities shall comply with the requirements of this subsection if the intermediary-- ```(1) registers with the Commission as-- ```(A) a broker; or ```(B) a person acting as an intermediary who does not-- ```(i) offer investment advice or recommendations; ```(ii) explicitly solicit purchases, sales, or offers to buy particular securities offered or displayed on its website or portal; ```(iii) directly compensate employees, agents, or other persons for direct sale of securities displayed or referenced on its website or portal; or ```(iv) manage, possess, or otherwise handle investor funds or securities; ```(2) warns investors, including on the intermediary's website used for the offer and sale of such securities, of the speculative nature generally applicable to investments in startups, emerging businesses, and small issuers, including risks in the secondary market related to illiquidity; ```(3) warns investors that they are subject to the restriction on sales requirement described under subsection (d); ```(4) takes reasonable measures to reduce the risk of fraud with respect to such transaction; ```(5) provides the Commission with the intermediary's physical address, website address, and the names of the intermediary, the chief officer of the intermediary (or person fulfilling a similar role), and any employee of the intermediary responsible for the intermediary's direct compliance with the securities laws (as defined under section 3 of the Securities Exchange Act of 1934), and updates such information with the Commission within 6 business days of such information changing; ```(6) provides the Commission with continuous investor- level access to the intermediary's website; ```(7) requires each potential investor to answer questions demonstrating-- ```(A) an understanding of the level of risk generally applicable to investments in startups, emerging businesses, and small issuers; ```(B) an understanding of the risk of illiquidity; and ```(C) such other areas as the Commission, in consultation with self-regulatory organizations (as defined in section 3 of the Securities Exchange Act of 1934), may determine appropriate by rule or regulation; ```(8) requires the issuer to state a target offering amount and a deadline to reach the target offering amount and ensure the third party custodian described under paragraph (11) withholds offering proceeds until-- ```(A) aggregate capital raised from investors other than the issuer is no less than 100 percent of the target offering amount; and ```(B) the issuer has complied with all requirements under this section; ```(9) carries out a background check on the executive officers, directors, and shareholders with 15 percent or more voting control of the issuer (or persons fulfilling similar roles) to ensure such persons would not meet the disqualification provisions adopted in accordance with section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; ```(10) provides the Commission and potential investors with notice of the offering, not later than the first day securities are offered to potential investors, including-- ```(A) the issuer's name, legal status, physical address, and website address; ```(B) the names of the executive officers, directors, and shareholders with 15 percent or more voting control of the issuer (or persons fulfilling similar roles); ```(C) the intended use of the proceeds of the offering; and ```(D) the target offering amount and the deadline to reach the target offering amount; ```(11) outsources cash functions to a qualified third party custodian, such as a broker or dealer registered under section 15(b)(1) of the Securities Exchange Act of 1934 or an insured depository institution; ```(12) maintains such books and records as the Commission determines appropriate; ```(13) makes available on the intermediary's website a method of communication that permits the issuer and investors to communicate with one another; ```(14) provides the Commission with a notice upon completion of the offering, which shall include the aggregate offering amount and the number of purchasers; and ```(15) does not offer investment advice. ```(b) Verification of Investor Information.--For purposes of section 4(a), an intermediary may rely on a certification by an investor as to-- ```(1) the investor's status as an accredited investor; and ```(2) with respect to an unaccredited investor, the investor's annual income, net worth, and the aggregate amount of securities sold to the investor in reliance on the exemption provided by section 4(a) within the previous 12-month period. ```(c) Information Available to States.--The Commission shall make the notices described under subsections (a)(10) and (a)(14) and the information described under subsection (a)(5) available to the States. ```(d) Restriction on Sales.--Newly issued securities purchased in a transaction made in reliance on section 4(a)(6) may not be resold by any person during the 1-year period beginning on the date of original purchase, unless such securities are sold to-- ```(1) the issuer of such securities; or ```(2) an accredited investor. ```(e) Requirement for Use of Intermediaries When Selling to Unaccredited Investors.--With respect to a transaction described under section 4(a)(6), an issuer may only enter into a transaction with an unaccredited investor through the use of an intermediary, and any resale of a security originally issued in reliance on section 4(a)(6) may only be made with an unaccredited investor through the use of an intermediary. ```(f) Rules of Construction.-- ```(1) No registration as broker.--With respect to a transaction either made pursuant to section 4(a)(6) or involving the resale of a security originally issued pursuant to section 4(a)(6) and involving an intermediary, such intermediary shall not be required to register as a broker under section 15(a)(1) of the Securities Exchange Act of 1934 solely by reason of participation in such transaction. ```(2) Right to select transactions.--An intermediary may select in which transactions to serve as an intermediary, and such selection shall not be considered investment advice or subject the intermediary to regulation under the Investment Advisers Act of 1940. ```(3) Right to terminate transaction.--An intermediary may review the transaction and terminate the transaction at any time if-- ```(A) in carrying out the intermediary's due diligence under the transaction, the intermediary determines that termination is appropriate; ```(B) the intermediary is able to return all funds provided by potential investors; and ```(C) the custodian has not transferred the offering proceeds to the issuer. ```(4) No preclusion of other capital raising.--Nothing in this section or section 4(a)(6) shall be construed as preventing an issuer from raising capital through securities offerings made in reliance on other exemptions from registration.'. ``(c) Rulemaking.--Not later than 120 days after the date of the enactment of this title, the Securities and Exchange Commission shall issue such rules as may be necessary to carry out section 4A of the Securities Act of 1933. In issuing such rules, the Commission shall consider the costs and benefits of the action. ``(d) Disqualification.--Not later than 120 days after the date of the enactment of this title, the Securities and Exchange Commission shall by rule or regulation establish disqualification provisions under which an issuer shall not be eligible to utilize the exemption under section 4(a)(6) of the Securities Act of 1933 based on the disciplinary history of the issuer or its predecessors, affiliates, officers, directors, or persons fulfilling similar roles. The Commission shall also establish disqualification provisions under which an intermediary shall not be eligible to act as an intermediary in connection with an offering utilizing the exemption under section 4(a)(6) of the Securities Act of 1933 based on the disciplinary history of the intermediary or its predecessors, affiliates, officers, directors, or persons fulfilling similar roles. Such provisions shall be substantially similar to the disqualification provisions contained in the regulations adopted in accordance with section 926 of the Dodd- Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 77d note). ``(e) Treatment of Crowdfunding Investment Companies.--Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)) is amended by adding at the end the following: ```(15) Any person substantially all of whose business is confined to investing in securities purchased in a transaction made in reliance on section 4(a)(6) of the Securities Act of 1933.'. ``SEC. 302. EXCLUSION OF CROWDFUNDING INVESTORS FROM SHAREHOLDER CAP. ``Section 12(g)(5) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(g)(5)) is amended-- ``(1) by striking `(5) For the purposes'; and inserting the following: ```(5) Definitions.-- ```(A) In general.--For the purposes'; and ``(2) by adding at the end the following: ```(B) Exclusion for persons holding certain securities.--For purposes of this subsection, securities originally issued in transactions described under section 4(a)(6) of the Securities Act of 1933 shall neither be deemed to be nor counted towards the definition of ``held of record''.'. ``SEC. 303. PREEMPTION OF STATE LAW. ``(a) In General.--Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended-- ``(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and ``(2) by inserting after subparagraph (B) the following: ```(C) section 4(a)(6);'. ``(b) Clarification of the Preservation of State Enforcement Authority.-- ``(1) In general.--The amendments made by subsection (a) relate solely to State registration, documentation, and offering requirements, as described under section 18(a) of the Securities Act of 1933 (15 U.S.C. 77r(a)), and shall have no impact or limitation on other State authority to take enforcement action with regard to an issuer, intermediary, or any other person or entity using the exemption from registration provided by section 4(a)(6) of such Act. ``(2) Clarification of state jurisdiction over unlawful conduct of intermediaries, issuers, and custodians.--Section 18(c)(1) of the Securities Act of 1933 is amended by striking `with respect to fraud or deceit, or unlawful conduct by a broker or dealer, in connection with securities or securities transactions.' and inserting the following: `, in connection with securities or securities transactions, with respect to-- ```(A) fraud or deceit; ```(B) unlawful conduct by a broker or dealer; and ```(C) with respect to a transaction described under section 4(a)(6), unlawful conduct by an intermediary, issuer, or custodian.'.''; and (2) in the table of contents for such Act by amending the items relating to title III to read as follows: ``TITLE III--ENTREPRENEUR ACCESS TO CAPITAL ``Sec. 301. Crowdfunding exemption. ``Sec. 302. Exclusion of crowdfunding investors from shareholder cap. ``Sec. 303. Preemption of State law.''.

Equity Crowdfunding Improvement Act of 2014 - Repeals the CROWDFUND Act. Amends the Jumpstart Our Business Startups Act to exempt from the registration requirements and prohibitions of the Securities Act of 1933 any transactions involving the offer or sale of crowdfunded securities by an issuer if specified requirements are met. (Crowdfunding is a method of capital formation where groups of people pool money, typically composed of small individual contributions, and often via internet platforms, to either invest in a company or support an effort by others to accomplish a specific goal.) Prescribes among these requirements that the aggregate amount sold within the previous 12-month period in reliance upon the crowdfunding exemption be either: (1) $3 million, adjusted for inflation, or less; or (2) $5 million, adjusted for inflation, or less if the issuer provides potential investors with audited financial statements. Requires also that, in the case of a transaction involving an intermediary between the issuer and the investor, that the intermediary comply with certain requirements. Requires as well that if the aggregate amount sold within the previous 12-month period in reliance upon this exemption is: (1) $500,000 or less, the issuer provide potential investors with financial statements issuer-certified to be true and complete in all material respects; or (2) between $500,000 and $3 million, the issuer provide potential investors with financial statements reviewed by a public accountant independent of the issuer. Prohibits the aggregate amount sold to an unaccredited investor within the previous 12-month period in reliance upon the crowdfunding exemption from exceeding either the greater of: (1) $5,000, adjusted for inflation; (2) 10% of the annual income; or (3) 10% of the investor's net worth. Requires finally that the issuer be a corporation at the time such securities are issued. Prescribes requirements governing a person functioning as intermediary between the issuer and the investor. Requires an intermediary to direct the issuer to: (1) state a target offering amount and a deadline to reach it, and (2) ensure that the third party custodian withholds offering proceeds until the aggregate capital raised from other investors is at least 100% of the target offering amount. Requires an intermediary to undertake background checks on the issuer's executive officers, directors, and shareholders with 15% or more voting control. Requires an issuer to use intermediaries when selling to unaccredited investors. Permits an intermediary to select the transactions in which it serves as an intermediary. Amends the Investment Company Act of 1940 to exempt from treatment as an investment company any person substantially all of whose business is confined to investing in securities purchased in crowdfunding investment companies under this Act. Amends the Securities Act of 1933 to exempt such crowdfunded securities from state regulation of securities offerings; but retains state jurisdiction over the unlawful conduct of intermediaries, issuers, and custodians.

Equity Crowdfunding Improvement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Recruitment and Retention Act of 2003''. SEC. 2. INCREASED QUALIFIED LOAN AMOUNTS. (a) FFEL Loans.--Section 428J(c) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(c)) is amended by adding at the end the following new paragraph: ``(3) Increased amounts for teachers in mathematics, science, or special education.-- ``(A) Service qualifying for increased amounts.-- Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall not be more than $17,500 in the case of-- ``(i) a secondary school teacher-- ``(I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph; and ``(II) whose qualifying employment for purposes of such subsection has been teaching mathematics or science on a full-time basis; ``(ii) an elementary or secondary school teacher-- ``(I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph; ``(II) whose qualifying employment for purposes of such subsection has been as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Act); and ``(III) who, as certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower's special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum that the borrower is teaching; and ``(iii) an elementary or secondary school teacher who primarily teaches reading and-- ``(I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph; ``(II) who has obtained a separate reading instruction credential from the State in which the teacher is employed; and ``(III) who is certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed to teach reading-- ``(aa) as being proficient in teaching the essential components of reading instruction as defined in section 1208 of the Elementary and Secondary Education Act of 1965; and ``(bb) as having such credential. ``(B) Accelerated payment.--Notwithstanding the requirements of subsection (b)(1) and paragraph (1) of this subsection that 5 consecutive complete years of service have been completed prior to the receipt of loan forgiveness, in the case of service described in subparagraph (A) of this paragraph, the Secretary shall repay a portion of a borrower's loan obligation outstanding at the commencement of the qualifying service under this subsection, not to exceed a total of $17,500, in the following increments: ``(i) up to $1,750, or 10 percent of such outstanding loan obligation, whichever is less, at the completion of the second year of such service; ``(ii) up to $2,625, or 15 percent of such outstanding loan obligation, whichever is less, at the completion of the third year of such service; ``(iii) up to $4,375, or 25 percent of such outstanding loan obligation, whichever is less, at the completion of the fourth year of such service; and ``(iv) up to $8,750, or 50 percent of such outstanding loan obligation, whichever is less, at the completion of the fifth year of such service. ``(C) Promise to complete service required for accelerated payment.--Any borrower who receives accelerated payment under this paragraph shall enter into an agreement to continue in the qualifying service for not less than 5 consecutive complete school years, or, upon a failure to complete such 5 years, to repay the United States, in accordance with regulations prescribed by the Secretary, the amount of the loans repaid by the Secretary under this paragraph, together with interest thereon and, to the extent required in such regulations, the reasonable costs of collection. Such regulations may provide for waiver by the Secretary of such repayment obligations upon proof of economic hardship as specified in such regulations. ``(D) Higher poverty enrollment required.--In order to qualify for an increased repayment amount under this paragraph, section 465(a)(2)(A) shall, for purposes of subsection (b)(1)(A) of this section, be applied by substituting `40 percent of the total enrollment' for `30 percent of the total enrollment'.''. (b) Direct Loans.--Section 460(c) of the Higher Education Act of 1965 (20 U.S.C. 1087j(c)) is amended by adding at the end the following new paragraph: ``(3) Increased amounts for teachers in mathematics, science, or special education.-- ``(A) Service qualifying for increased amounts.-- Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall not be more than $17,500 in the case of-- ``(i) a secondary school teacher-- ``(I) who meets the requirements of subsection (b)(1), subject to subparagraph (D) of this paragraph; and ``(II) whose qualifying employment for purposes of such subsection has been teaching mathematics or science on a full-time basis; ``(ii) an elementray or secondary school teacher-- ``(I) who meets the requirements of subsection (b)(1), subject to subparagraph (D) of this paragraph; ``(II) whose qualifying employment for purposes of such subsection has been as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Act); and ``(III) who, as certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower's special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum that the borrower is teaching; and ``(iii) an elementary or secondary school teacher who primarily teaches reading and-- ``(I) who meets the requirements of subsection (b), subject to subparagraph (D) of this paragraph; ``(II) who has obtained a separate reading instruction credential from the State in which the teacher is employed; and ``(III) who is certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed to teach reading-- ``(aa) as being proficient in teaching the essential components of reading instruction as defined in section 1208 of the Elementary and Secondary Education Act of 1965; and ``(bb) as having such credential. ``(B) Accelerated payment.--Notwithstanding the requirements of subsection (b)(1)(A) and paragraph (1) of this subsection that 5 consecutive complete years of service have been completed prior to the receipt of loan forgiveness, in the case of service described in subparagraph (A) of this paragraph, the Secretary shall repay a portion of a borrower's loan obligation outstanding at the commencement of the qualifying service under this subsection, not to exceed a total of $17,500, in the following increments: ``(i) up to $1,750, or 10 percent of such outstanding loan obligation, whichever is less, at the completion of the second year of such service; ``(ii) up to $2,625, or 15 percent of such outstanding loan obligation, whichever is less, at the completion of the third year of such service; ``(iii) up to $4,375, or 25 percent of such outstanding loan obligation, whichever is less, at the completion of the fourth year of such service; and ``(iv) up to $8,750, or 50 percent of such outstanding loan obligation, whichever is less, at the completion of the fifth year of such service. ``(C) Promise to complete service required for accelerated payment.--Any borrower who receives accelerated payment under this paragraph shall enter into an agreement to continue in the qualifying service for not less than 5 consecutive complete school years, or, upon a failure to complete such 5 years, to repay the United States, in accordance with regulations prescribed by the Secretary, the amount of the loans repaid by the Secretary under this paragraph, together with interest thereon and, to the extent required in such regulations, the reasonable costs of collection. Such regulations may provide for waiver by the Secretary of such repayment obligations upon proof of economic hardship as specified in such regulations. ``(D) Higher poverty enrollment required.--In order to qualify for an increased repayment amount under this paragraph, section 465(a)(2)(A) shall, for purposes of subsection (b)(1)(A)(i) of this section, be applied by substituting `40 percent of the total enrollment' for `30 percent of the total enrollment'.''. SEC. 3. IMPLEMENTING HIGHLY QUALIFIED TEACHER REQUIREMENTS. (a) Amendments.-- (1) FFEL Loans.--Section 428J(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(b)(1)) is amended-- (A) by inserting ``and'' after the semicolon at the end of subparagraph (A); and (B) by striking subparagraphs (B) and (C) and inserting the following: ``(B) if employed as an elementary or secondary school teacher, is highly qualified as defined in section 9101(23) of the Elementary Secondary Education Act of 1965; and''. (2) Direct Loans.--Section 460(b)(1)(A) of such Act (20 U.S.C. 1087j(b)(1)(A)) is amended-- (A) by inserting ``and'' after the semicolon at the end of clause (i); and (B) by striking clauses (ii) and (iii) and inserting the following: ``(ii) if employed as an elementary or secondary school teacher, is highly qualified as defined in section 9101(23) of the Elementary Secondary Education Act of 1965; and''. (b) Transition Rule.-- (1) Rule.--The amendments made by subsection (a) of this section to sections 428J(b)(1) and 460(b)(1)(A) of the Higher Education Act of 1965 shall not be applied to disqualify any individual who, before the date of enactment of this Act, commenced service that met and continues to meet the requirements of such sections as in effect before such date of enactment. (2) Rule not applicable to increased qualified loan amounts.--Paragraph (1) of this subsection shall not apply for purposes of obtaining increased qualified loan amounts under sections 428J(b)(3) and 460(b)(3) of the Higher Education Act of 1965 as added by section 2 of this Act. SEC. 4. INFORMATION ON BENEFITS TO RURAL SCHOOL DISTRICTS. The Secretary shall-- (1) notify local educational agencies eligible to participate in the Small Rural Achievement Program authorized under subpart 1 of part B of title VI of the Elementary and Secondary Education Act of 1965 of the benefits available under the amendments made by this Act; and (2) encourage such agencies to notify their teachers of such benefits. Passed the House of Representatives July 9, 2003. Attest: JEFF TRANDAHL, Clerk.

Teacher Recruitment and Retention Act of 2003 - Amends the Higher Education Act of 1965 to provide for additional amounts of student loan forgiveness for certain eligible teachers of: (1) mathematics or science in secondary schools; and (2) special education or reading in elementary and secondary schools. Requires such teachers to be highly qualified and to agree to teach for five consecutive years in schools with high enrollments of students from low-income families. (Sec. 2) Increases to $17,500 the maximum amount of loan forgiveness for such teachers under the Federal Family Education Loan and the Federal Direct Student Loan programs (with the current maximum of $5,000 continuing to apply to teachers of other subjects). Directs the Secretary of Education to pay certain portions of such loan forgiveness at specified stages of their service in the case of those eligible for the increased amount. Requires those qualifying for an increased repayment to teach at a school eligible for assistance under title I of the Elementary and Secondary Education Act of 1965 (ESEA title I school) with at least a 40 percent enrollment of students from low-income families (with the current repayment maximum continuing to apply in the case of those who teach at ESEA title I schools with at least a 30 percent enrollment of such students). (Sec. 3) Requires all teachers eligible for student loan forgiveness to be highly qualified, in keeping with requirements under ESEA. Exempts from this requirement teachers who have already begun their teaching service obligation under the current loan forgiveness program. States that such exemption shall not apply for purposes of obtaining increased loan amounts. (Sec. 4) Directs the Secretary to notify local educational agencies eligible to participate in the ESEA's Small Rural Achievement Program of the increased amounts of student loan forgiveness made available to certain teachers by this Act, and to encourage such agencies to notify their teachers of such benefits.

To increase the amount of student loans that may be forgiven for teachers in mathematics, science, and special education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teachers Are Leaders Act''. SEC. 2. TEACHER LEADER DEVELOPMENT PROGRAM. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended-- (1) in section 200-- (A) by redesignating paragraphs (21), (22), and (23), as paragraphs (22), (23), and (24), respectively; and (B) by inserting after paragraph (20) the following: ``(21) Teacher leader.--The term `teacher leader' means a teacher who carries out formalized leadership responsibilities based on demonstrated school needs, while maintaining a role as a classroom instructor.''; and (2) in section 202-- (A) in subsection (b)(6)(C), by striking ``subsection (f) or (g)'' and inserting ``subsection (g) or (h)''; (B) in subsection (c)-- (i) in paragraph (1), by inserting ``a teacher leader development program under subsection (f),'' after ``subsection (e),''; and (ii) in paragraph (2), by striking ``subsection (f)'' and inserting ``subsection (g)''; (C) by redesignating subsections (f), (g), (h), (i), (j), and (k), as subsections (g), (h), (i), (j), (k), and (l), respectively; and (D) by inserting after subsection (e) the following: ``(f) Teacher Leader Development Program.-- ``(1) In general.--A teacher leader development program carried out with a grant awarded under this section shall involve the professional development of teachers, as described in paragraph (2), who maintain their roles as classroom teachers but who also carry out formalized leadership responsibilities to increase the academic achievement of students and promote data-driven instructional practices that address the demonstrated needs at their schools, such as-- ``(A) development of curriculum and curricular resources; ``(B) facilitating the work of committees and teams; ``(C) family and community engagement; ``(D) school discipline and culture; ``(E) peer observations and coaching; or ``(F) dual enrollment instruction. ``(2) Professional development.--The professional development of teachers in a teacher leader development program carried out with a grant awarded under this section shall include-- ``(A) one year of professional development, training, and support that may-- ``(i) include-- ``(I) the engagement of teachers in rigorous coursework and fieldwork relevant to their role as a teacher leader, including available teacher leader standards; and ``(II) regular observations and professional support from-- ``(aa) a principal, vice principal, or a designated instructional leader of the school; ``(bb) a representative from the institution of higher education that is a partner in the eligible entity; ``(cc) a representative from another entity that is a partner in the eligible entity; and ``(dd) another member of the teacher leader cohort, if applicable, or a peer teacher; and ``(ii) result in the awarding of a credential in teacher leadership; and ``(B) one or 2 additional years of support from a principal, vice principal, or a designated instructional leader of the school, a representative from the institution of higher education that is a partner in the eligible entity, and a representative from another entity that is a partner in the eligible entity. ``(3) Teacher leader development program plan.--In carrying out a teacher leader development program under this section, an eligible entity shall develop a plan that shall describe-- ``(A) how the work hours of teacher leaders will be allocated between their classroom responsibilities and responsibilities as a teacher leader, which may include a description of whether the teacher leader will be relieved from teaching duties during their participation in the teacher leader development program; ``(B) how the partnership will support teacher leaders after the first year of professional development in the program; and ``(C) how teacher leader activities could be sustained by the eligible partnership after the program concludes, which may include a description of opportunities for the teacher leaders to assist in the educator preparation program at the institution of higher education in the partnership. ``(4) Selection of teacher leaders; use of funds.--In carrying out a teacher leader development program under this section, an eligible entity-- ``(A) shall select a teacher for participation in the program-- ``(i) who-- ``(I) is fully certified to teach in the State in which the high-need local educational agency that is a partner in the eligible entity is located; ``(II) is employed by a high-need local educational agency that is a partner in the eligible entity; ``(III) has not less than 3 years of teaching experience; and ``(IV) submits an application for participation to the eligible entity; and ``(ii) based on selection criteria that includes-- ``(I) demonstration of strong content knowledge or a record of accomplishment in the field or subject area the teacher will support as a teacher leader; and ``(II) demonstration of attributes linked to effective teaching that is determined through interviews, observations, artifacts, student achievement, or performance assessments, such as those leading to an advanced credential; ``(B) may develop admissions goals and priorities for the teacher leader development program that-- ``(i) are aligned with the demonstrated needs of the school or high-need local educational agency in which the teacher is employed; ``(ii) considers cultural competencies that would make the applicant effective in the applicant's teacher leader role; and ``(iii) considers whether the teacher has substantial teaching experience in the school in which the teacher is employed or in a school that is similar to the school in which the teacher is employed; ``(C) shall use the grant funds to pay for costs of training and supporting teacher leaders for not less than 2 years and not more than 3 years; ``(D) may use the grant funds to pay for a portion of a stipend for teacher leaders if such grant funds are matched by additional non-Federal public or private funds as follows: ``(i) During each of the first and second years of the grant period, grant funds may pay not more than 50 percent of such stipend. ``(ii) During the third year of the grant period, grant funds may pay not more than 33 percent of such stipend; and ``(E) may require teacher leaders to pay back the cost of attaining a credential if they do not complete their term of service in the teacher leader development program.''.

Teachers Are Leaders Act This bill amends the Higher Education Act of 1965 to authorize grants for the establishment of professional development programs for teachers who remain in the classroom while also carrying out formalized leadership responsibilities.

Teachers Are Leaders Act

SECTION 1. ESTABLISHMENT AND COMPOSITION OF THE COMMISSION. (a) Establishment.--There is established a national commission on terrorism to review counter-terrorism policies regarding the prevention and punishment of international acts of terrorism directed at the United States. The Commission shall be known as ``The National Commission on Terrorism''. (b) Composition.--The Commission shall be composed of 15 members appointed as follows: (1) Five members shall be appointed by the President from among officers or employees of the executive branch, private citizens of the United States, or both. Not more than 3 members selected by the President shall be members of the same political party. (2) Five members shall be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, from among members of the Senate, private citizens of the United States, or both. Not more than 3 of the members selected by the Majority Leader shall be members of the same political party and 3 members shall be members of the Senate. (3) Five members shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, from among members of the House of Representatives, private citizens of the United States, or both. Not more than 3 of the members selected by the Speaker shall be members of the same political party and 3 members shall be members of the House of Representatives. (4) The appointments of the members of the Commission should be made no later than 3 months after the date of the enactment of this Act. (c) Qualifications.--The members should have a knowledge and expertise in matters to be studied by the Commission. (d) Chairman.--The chairman of the Commission shall be elected by the members of the Commission. SEC. 2. DUTIES. (a) In General.--The Commission shall consider issues relating to international terrorism directed at the United States as follows: (1) Review the laws, regulations, policies, directives, and practices relating to counterterrorism in the prevention and punishment of international terrorism directed towards the United States. (2) Assess the extent to which laws, regulations, policies, directives, and practices relating to counterterrorism have been effective in preventing or punishing international terrorism directed towards the United States. At a minimum, the assessment should include a review of the following: (A) Evidence that terrorist organizations have established an infrastructure in the western hemisphere for the support and conduct of terrorist activities. (B) Executive branch efforts to coordinate counterterrorism activities among Federal, State, and local agencies and with other nations to determine the effectiveness of such coordination efforts. (C) Executive branch efforts to prevent the use of nuclear, biological, and chemical weapons by terrorists. (3) Recommend changes to counterterrorism policy in preventing and punishing international terrorism directed toward the United States. (b) Report.--Not later than 6 months after the date on which the Commission first meets, the Commission shall submit to the President and the Congress a final report of the findings and conclusions of the Commission, together with any recommendations. SEC. 3. ADMINISTRATIVE MATTERS. (a) Meetings.-- (1) The Commission shall hold its first meeting on a date designated by the Speaker of the House which is not later than 30 days after the date on which all members have been appointed. (2) After the first meeting, the Commission shall meet upon the call of the chairman. (3) A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold meetings. (b) Authority of Individuals To Act for Commission.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this Act. (c) Powers.-- (1) The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties. (2) The Commission may secure directly from any agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon the request of the chairman of the Commission, the head of a department or agency shall furnish the requested information expeditiously to the commission. (3) 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. (d) Pay and Expenses of Commission Members.-- (1) Each member of the Commission who is not an employee of the government shall be paid at a rate equal for 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 performing the duties of the Commission. (2) Members and personnel for the Commission may travel on aircraft, vehicles, or other conveyances of the Armed Forces of the United States when travel is necessary in the performance of a duty of the Commission except when the cost of commercial transportation is less expensive. (3) The members of the Commission may 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. (4)(A) A member of the Commission who is an annuitant otherwise covered by section 8344 or 8468 of title 5, United States Code, by reason of membership on the Commission shall not be subject to the provisions of such section with respect to membership on the Commission. (B) A member of the Commission who is a member or former member of a uniformed service shall not be subject to the provisions of subsections (b) and (c) of section 5532 of such title with respect to membership on the commission. (e) Staff and Administrative Support.-- (1) The chairman of the Commission may, without regard to civil service laws and regulations, appoint and terminate an executive director and up to 3 additional staff members as necessary to enable the Commission to perform its duties. The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of 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 may not exceed the maximum rate of pay for GS-15 under the General Schedule. (2) Upon the request of the Chairman of the Commission, the head of any department or agency of the Federal Government may detail, without reimbursement, any personnel of the department or agency to the Commission to assist in carrying out its duties. The detail of an employee shall be without interruption or loss of civil service status or privilege. SEC. 4. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits a final report. SEC. 5. FUNDING. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

Establishes the National Commission on Terrorism to review and report to the President and Congress on counter-terrorism policies regarding the prevention and punishment of international acts of terrorism directed at the United States. Directs the Commission to: (1) review the laws, regulations, policies, directives, and practices relating to counterterrorism (laws) in the prevention and punishment of international terrorism directed towards the United States; (2) assess the extent to which such laws have been effective in preventing or punishing such terrorism; and (3) recommend changes to counterterrorism policy. Authorizes appropriations.

To establish a National Commission on Terrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Retirement Savings Account Act of 1998''. SEC. 2. PERSONAL SOCIAL SECURITY PLUS ACCOUNTS. (a) In General.--Title II of the Social Security Act is amended-- (1) by inserting before section 201 the following: ``Part A--Insurance Benefits''; and (2) by adding at the end the following new part: ``Part B--Personal Social Security Plus Accounts ``annual appropriation of budget surpluses to the social security plus fund for crediting to personal social security plus accounts ``Sec. 251. (a) In General.--At the end of fiscal year 1998 and each fiscal year thereafter, the Secretary of the Treasury shall transfer, from the general fund of the Treasury to the Social Security Plus Fund, an amount equal to 80 percent of the surplus (if any) in the total budget of the United States Government for that fiscal year. ``(b) Allocation of Assets Among Personal Social Security Plus Accounts.--Upon the transfer of an amount to the Social Security Plus Fund at the end of a fiscal year pursuant to subsection (a), the Commissioner of Social Security shall allocate such amount evenly among the personal social security plus accounts then maintained in the Fund by individuals who are eligible individuals for the calendar year ending in such fiscal year and shall credit to each account the amount so allocated. ``(c) Eligible Individual.--For purposes of this part, the term `eligible individual' means, for any calendar year beginning after December 31, 1996, any individual the amount of whose wages paid and self-employment income derived in such year equals, in the aggregate, at least the amount such individual must have in order to be credited with 4 quarters of coverage in such year. ``social security plus fund ``Sec. 252. (a) Establishment.--There is established in the Treasury of the United States a Social Security Plus Fund. Subject to, and to the extent consistent with, the provisions of this part, the Commissioner of Social Security shall exercise the same powers, duties, and responsibilities with respect to the Fund as the powers, duties and responsibilities exercised by the Executive Director with respect to the Thrift Savings Fund. ``(b) Amounts Held by Fund.--The Social Security Plus Fund consists of the sum of all amounts transferred to the Fund under section 251, increased by the total net earnings from investments of sums held in the Fund or reduced by the total net losses from investments of sums held in the Fund, and reduced by the total amount of payments made from the Fund (including payments for administrative expenses). ``(c) Use of Fund.-- ``(1) In general.--The sums in the Social Security Plus Fund are appropriated and shall remain available without fiscal year limitation-- ``(A) to invest under section 254, ``(B) to make distributions under section 255, ``(C) to pay the administrative expenses of this part, and ``(D) to purchase insurance as provided in section 256(b)(2). ``(2) Exclusive purposes.--The sums in the Social Security Plus Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose. ``personal social security plus accounts ``Sec. 253. (a) Establishment of Personal Social Security Plus Accounts.--Not later than January 1, 1999, the Commissioner of Social Security shall establish in the Social Security Plus Fund a personal social security plus account for each living individual who has been assigned a social security account number under section 205(c)(2) before such date. The Commissioner shall also establish such an account for each other individual on the date, on or after January 1, 1999, of the issuance to such individual of a social security account number under such section. Amounts in the Social Security Plus Fund shall be credited by the Commissioner to the account in accordance with section 251(b). Each account shall be identified to its account holder by means of the account holder's social security account number. ``(b) Account Balance.--The balance in an individual's personal social security plus account at any time is the excess of-- ``(1) the sum of-- ``(A) all deposits made into the Social Security Plus Fund and credited to the account under section 251(b), and ``(B) the total amount of allocations made to and reductions made in the account pursuant to subsection (c), over ``(2) the amounts paid out of the account with respect to such individual under this part. ``(c) Allocation of Earnings and Losses.--Pursuant to regulations which shall be prescribed by the Commissioner, the Commissioner shall allocate to each account an amount equal to the net earnings and net losses from each investment of sums in the Social Security Plus Fund which are attributable, on a pro rata basis, to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Commissioner. ``rules governing personal social security plus accounts relating to investment, accounting, reporting, and taxation ``Sec. 254. (a) In General.--Under regulations which shall be prescribed by the Commissioner of Social Security, and subject to the provisions of this part, the provisions of-- ``(1) section 8438 of title 5, United States Code (relating to investment of the Thrift Savings Fund), ``(2) section 8439(b) of such title (relating to engagement of independent qualified public accountant), ``(3) section 8439(c) of such title (relating to periodic statements and summary descriptions of investment options), ``(4) section 8439(d) of such title (relating to assumption of risk), and ``(5) section 8440 of such title (relating to tax treatment of the Thrift Savings Fund), other than subsection (c) thereof, shall apply with respect to the Social Security Plus Fund and accounts maintained in such Fund in the same manner and to the same extent as such provisions relate to the Thrift Savings Fund and personal social security plus accounts maintained in such Fund. ``(b) Related Rules.--For purposes of subsection (a)-- ``(1) the Federal Retirement Thrift Investment Board shall exercise with respect to the Social Security Plus Fund the same powers, duties, and responsibilities as are required to be exercised by the Board under the provisions referred to in subsection (a) with respect to the Thrift Savings Fund, ``(2) the Commissioner of Social Security shall exercise with respect to the Social Security Plus Fund the same powers, duties, and responsibilities as are required to be exercised by the Executive Director under the provisions referred to in subsection (a) with respect to the Thrift Savings Fund, and ``(3) references in such sections 8438 and 8439 to an employee, Member, former employee, or former Member shall be deemed references to an account holder of a social security plus account in the Social Security Plus Fund. ``distributions from personal social security plus accounts ``Sec. 255. (a) In General.--Except as provided in subsections (b) and (c), the balance in a personal social security plus account-- ``(1) shall be distributed to the account holder commencing with the date of the commencement of such account holder's entitlement to old-age insurance benefits under section 202(a), and ``(2) shall be paid, as elected by the account holder (in such form and manner as shall be prescribed in regulations of the Commissioner of Social Security) in the form of-- ``(A) equal annual installments over the life expectancy of the account holder (determined as of the date of the distribution under reasonable actuarial assumptions), or ``(B) otherwise in the form of an immediate annuity (as shall be prescribed in regulations of the Commissioner of Social Security). ``(b) Lump Sum Distributions of Minimal Amounts.-- ``(1) In general.--Notwithstanding subsection (a), if the account holder becomes entitled to old-age insurance benefits under section 202(a) and the balance in the account is $3,500 or less, the Commissioner of Social Security shall pay the balance to the account holder in a single payment. ``(2) Cost-of-living adjustments.--Under regulations of the Commissioner of Social Security, effective January 1 of each calendar year after 1999, the dollar amount referred to in paragraph (1) shall be adjusted annually by the same percentage change as the percentage change then taking effect under section 230. ``fiduciary responsibilities ``Sec 256. (a) In General.--Under regulations of the Secretary of Labor, the provisions of sections 8477 and 8478 of title 5, United States Code, shall apply in connection with the Social Security Plus Fund and the personal social security plus accounts maintained in such Fund in the same manner and to the same extent as such provisions apply in connection with the Thrift Savings Fund and accounts maintained in the Thrift Savings Fund. ``(b) Investigative Authority.--Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision applicable under subsection (a). ``(c) Exculpatory Provisions; Insurance.-- ``(1) In general.--Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this part shall be void. ``(2) Insurance.--Amounts in the Social Security Plus Fund available for administrative expenses shall be available and may be used at the discretion of the Commissioner of Social Security to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Fund and personal social security plus accounts maintained therein, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation. ``assignment, alienation, and treatment of deceased individuals ``Sec. 257. (a) Assignment and Alienation.--Under regulations which shall be prescribed by the Commissioner of Social Security, rules relating to assignment and alienation applicable under chapter 84 of title 5, United States Code, with respect to amounts held in accounts in the Thrift Savings Fund shall apply with respect to amounts held in personal social security plus accounts in the Social Security Plus Fund. ``(b) Treatment of Accounts of Deceased Individuals.--In the case of a deceased individual who is the account holder with respect to a personal social security plus account and who died before attaining retirement age (as defined in section 216(l)), upon receipt of notification of such individual's death, the Commissioner of Social Security shall close the account and shall transfer the balance in such account to the personal social security plus account of such account holder's surviving spouse or, if there is no such account of a surviving spouse, to the duly appointed legal representative of the estate of the deceased account holder, or if there is no such representative, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased account holder.

Personal Retirement Savings Account Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to add a new part B (Personal Social Security Plus Accounts). Establishes in the Treasury a Social Security Plus Fund to hold 80 percent of the surplus (if any) in the Federal budget for each fiscal year for investment in accordance with rules governing the Thrift Savings Plan which shall otherwise govern other Fund operations. Directs the Commissioner of Social Security to establish in the Social Security Plus Fund a personal social security plus account for each living individual who has been assigned a social security number. Requires the Commissioner to allocate: (1) evenly among all personal social security plus accounts the amount transferred annually to the Social Security Plus Fund; as well as (2) an amount equal to the net earnings and net losses from each investment of sums in the Fund. Makes eligible for such an account any individual the amount of whose wages paid and self-employment income derived in the year equals, in the aggregate, at least the amount such individual must have in order to be credited with four quarters of coverage in such year. Requires distribution to an account holder of the balance in a personal social security plus account when the account holder becomes entitled to Old-Age insurance benefits under SSA title II.

Personal Retirement Savings Account Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as ``Department of Energy Nanoscale Science and Engineering Research Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The emerging fields of nanoscience and nanoengineering address the ability to create materials with fundamentally new compositions by prepositioning atoms within an overall molecular composition. (2) The ability of the United States to respond to the energy and economic challenges of the 21st century will be driven by science and technology. Nanoscience and nanoengineering will enable the United States to develop new technologies for energy exploration and production, for monitoring energy infrastructure, for increasing energy efficiency in end-use application, and for developing new technologies applicable to other Department of Energy statutory missions. These advances will also enhance the strength of U.S. science, technology, and medicine generally. (3) The fundamental intellectual challenges inherent in nanoscience and nanoengineering are considerable, and require public support for basic and applied research and development. Significant advances in areas such as the self-assembly of atom clusters will be required before nanoscience or nanoengineering will be useful to the energy or manufacturing industries. (4) The development of new scientific instruments will also be required to advance nanoscience and nanoengineering. Such instruments are likely to be large and costly. Specialized facilities are also likely to be required in order to advance the field and to realize its promise. Such facilities will be sufficiently expensive that they will have to be located and constructed on a centralized basis, similar to a number of unique facilities already managed by the Department of Energy. (5) Contributions from individual researchers as well as multidisciplinary research teams will be required to advance nanoscience and nanoengineering. (6) The Department of Energy's Office of Science is well suited to manage nanoscience and nanoengineering research and development for the Department. Through its support of research and development pursuant to the Department's statutory authorities, the Office of Science is the principal federal supporter of the research and development in the physical and computational sciences. The Office is also a significant source of federal support for research in genomics and the life sciences. The Office supports research and development by individual investigators and multidisciplinary teams, and manages special user facilities that serve investigators in both university and industry. SEC. 3. DEPARTMENT OF ENERGY PROGRAM. (a) Establishment.--The Secretary of Energy, through the Office of Science of the Department of Energy, shall support a program of research and development in nanoscience and nanoengineering consistent with the Department's statutory authorities related to research and development. The program shall include efforts to further the understanding of the chemistry, physics, materials science and engineering of phenomena on the scale of 1 to 100 nanometers. (b) Duties of the Office of Science.--In carrying out the program under this Act, the Director of the Office of Science shall-- (1) support both individual investigators and multidisciplinary teams of investigators; (2) pursuant to subsection (c), develop, plan, construct, acquire, or operate special equipment or facilities for the use of investigators conducting research and development in nanoscience and nanoengineering; (3) support technology transfer activities to benefit industry and other users of nanoscience and nanoengineering; and (4) coordinate research and development activities with industry and other federal agencies. (c) Nanoscience and Nanoengineering Research Centers and Major Instrumentation.-- (1) Authorization.--Within the funds authorized to be appropriated pursuant to this Act, the amounts specified under section 4(b) shall, subject to appropriations, be available for projects to develop, plan, construct, acquire, or operate special equipment, instrumentation, or facilities for investigators conducting research and development in nanoscience and nanoengineering. (2) Projects.--Projects under paragraph (1) may include the measurement of properties at the scale of 1 to 100 nanometers, manipulation at such scales, and the integration of technologies based on nanoscience or nanoengineering into bulk materials or other technologies. (3) Facilities.--Facilities under paragraph (1) may include electron microcharacterization facilities, microlithography facilities, scanning probe facilities and related instrumentation science. (4) Collaboration.--The Secretary shall encourage collaborations among universities, laboratories and industry at facilities under this subsection. At least one Department facility under this subsection shall have a specific mission of technology transfer to other institutions and to industry. (d) Merit Review Required.--All grants, contracts, cooperative agreements, or other financial assistance awards under this Act shall be made only after independent merit review. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Total Authorization.--The following sums are authorized to be appropriated to the Secretary of Energy, to remain available until expended, for the purposes of carrying out this Act: (1) $160,000,000 for fiscal year 2002. (2) $270,000,000 for fiscal year 2003. (3) $290,000,000 for fiscal year 2004. (4) $310,000,000 for fiscal year 2005. (5) $330,000,000 for fiscal year 2006. (b) Nanoscience and Nanoengineering Research Centers and Major Instrumentation.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c): (1) $55,000,000 for fiscal year 2002. (2) $135,000,000 for fiscal year 2003. (3) $150,000,000 for fiscal year 2004. (4) $120,000,000 for fiscal year 2005. (5) $100,000,000 for fiscal year 2006.

Department of Energy Nanoscale Science and Engineering Research Act - Directs the Secretary of Energy, through the Office of Science of the Department of Energy, to support a program of research and development (R&D) in nanoscience and nanoengineering, including efforts to further the understanding of the chemistry, physics, materials science, and engineering of phenomena on a scale of one to 100 nanometers.

A bill authorizing funding for nanoscale science and engineering research and development at the Department of Energy for fiscal years 2002 through 2006.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fire-Safe Communities Act''. SEC. 2. DEFINITIONS. In this Act: (1) Applicable model ordinance.--The term ``applicable model ordinance'' means either-- (A) the Federal model ordinance required by section 3(a); or (B) a State model ordinance described in section 3(d). (2) Appropriate review panel.--The term ``appropriate review panel'' means a panel of individuals who-- (A)(i) are fire protection experts; or (ii) have significant expertise in fire management, fire policy, community planning, or issues related to a fire hazard area; and (B) are appointed by the Under Secretary. (3) Director.--The term ``Director'' means the Director of the National Institute of Standards and Technology. (4) Fire hazard area.--The term ``fire hazard area'' means an area at significant risk from wildland fire as determined by the applicable State forestry agency or equivalent State agency. (5) Fire-safe communities.--The term ``fire-safe community'' means-- (A) a subdivision of a State that has adopted local ordinances that are consistent with each element set out in section 3(b); or (B) a municipality at risk that has adopted local ordinances that are consistent with some but not all of the elements set out in section 3(b), if the Under Secretary determines that local conditions make the incorporation of such elements impractical or counterproductive for such municipality. (6) Municipality at risk.--The term ``municipality at risk'' means a subdivision of a State that is located in a fire hazard area. (7) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Federal Emergency Management of the Department of Homeland Security. SEC. 3. MODEL ORDINANCES FOR COMMUNITIES IN FIRE HAZARD AREAS. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Director shall publish a Federal model ordinance for municipalities at risk that contains the elements described in subsection (b). (b) Elements.--A model ordinance required by subsection (a) shall include the following elements with respect to fire prevention and management. (1) Specifications for construction materials and techniques for use in such communities. (2) Guidelines for the placement of utilities, defensible space, and vegetation management. (3) Enforcement mechanisms for compliance with defensible space requirements. (4) Zoning and site design standards for new residential construction, including the width and placement of surrounding fuel breaks and description of unsafe areas to locate new homes, such as the top of highly dangerous canyons that funnel wildfire heat. (5) Specifications for water supplies for firefighting. (6) Requirements for adequate firefighting protection, including requirements for fire stations and equipment. (7) Guidelines for the participation of fire professionals in the development of local fire protection models. (8) Standards for roads, culverts, and bridges. (9) Guidelines for the marking of buildings and homes. (c) Development of Federal Model Ordinance.-- (1) Consultation.--In developing the model ordinance required by subsection (a), the Director-- (A) shall consult with the Under Secretary, the Chief of the Forest Service, and the Director of the Bureau of Land Management; and (B) may consult with others, including private entities that write fire codes. (2) Existing standards.--The Director may incorporate into the Federal model ordinance all or part of existing consensus- based standards for fire hazard areas, or other model codes such as the International Wildland-Urban Interface Code or National Fire Protection Association standards. (d) State Model Ordinances.--A State may adopt model ordinances incorporating appropriate elements set out in subsection (b) for the communities of such State. (e) Authorization of Appropriations.--There is authorized to be appropriated $7,500,000 to carry out subsection (a). SEC. 4. ADDITIONAL FIRE MANAGEMENT ASSISTANCE GRANTS FOR FIRE-SAFE COMMUNITIES. (a) In General.-- (1) The Under Secretary may modify, for a municipality at risk, the requirements of the Fire Management Assistance Grant Program related to the provision of a non-Federal share of funds, as set forth in paragraph (2). (2) If a municipality at risk has adopted an applicable model ordinance and is making significant progress toward implementing that model ordinance, the Under Secretary may reduce the required amount for such non-Federal share to 10 percent of the grant amount. (b) Rulemaking.--Not later than 18 months after the date of the enactment of this Act, the Under Secretary shall complete a rulemaking-- (1) to define ``significant progress toward implementing that model ordinance'' as used in subsection (a); and (2) to establish other procedures and requirements for increasing or decreasing the non-Federal share for the Fire Management Assistance Grant Program pursuant to subsection (a). (c) Fire Management Assistance Grant Program Defined.--In this section, the term ``Fire Management Assistance Grant Program'' means the fire management assistance grant program carried out pursuant to section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187). SEC. 5. GRANTS FOR RESPONSIBLE DEVELOPMENT. (a) In General.--Subject to the availability of funds for this purpose, the Under Secretary shall provide grants to municipalities at risk-- (1) to encourage responsible development in State- identified fire-prone regions; and (2) to mitigate the catastrophic effects of fires. (b) Use of Funds.--Grants awarded under this section may be used as follows: (1) By fire-safe communities to implement or enforce local ordinances consistent with an applicable model ordinance. (2) To carry out programs to provide education to community planners and local fire departments on code enforcement and fire-resistant planning, zoning, and home construction. (3) To enforce requirements related to residential construction or brush clearing requirements. (4) To create fire maps using geographic information system technology and provide training in such technology. (5) To provide education to the public on fire-safe practices. (c) Maximum Grant Awards.--The amount of a grant awarded under this section may not be more than $1,000,000. (d) Applications.-- (1) In general.--An application for a grant under this section shall be made at such time and in such manner as the Under Secretary shall require. (2) Matching requirement.-- (A) In general.--Subject to subparagraph (B), the Under Secretary shall require that a person who receives a grant under this subsection provide non- Federal funds in an amount equal to 25 percent of the amount of such grant. (B) Waiver.--The Under Secretary may waive the requirement of subparagraph (A) in extraordinary circumstances. (3) Review.--Applications for grants under this section shall be reviewed by an appropriate review panel established by the Under Secretary. (e) Schedule.--A grant awarded under this section shall be expended not later than 3 years after the date the grant is awarded. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2008 and each fiscal year thereafter. SEC. 6. GRANTS FOR FIRE-HAZARD ASSESSMENT MAPS. (a) In General.--The Under Secretary shall provide grants to States to create or update fire-hazard assessment maps. (b) Use of Funds.--Grants awarded under this section may be used as follows: (1) To develop or update maps that assess fire hazard in a State. (2) To conduct studies and to provide equipment, personnel, or other resources necessary to develop or update such maps. (c) Maximum Grant Awards.-- (1) Amount.--The amount of a grant awarded under this section may not be more than $1,000,000. (2) Requirement for matching funds.--A State that receives a grant under this section shall provide an equal amount of State funds to create or update fire-hazard assessment maps. (d) Applications.-- (1) In general.--An application for a grant under this section shall be made at such time and in such manner as the Under Secretary shall require. (2) Review.--Applications for grants under this section shall be reviewed by an appropriate review panel established by the Under Secretary. (e) Schedule.--A grant awarded under this section shall be expended not later than 3 years after the date the grant is awarded. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000 for fiscal year 2008 and each fiscal year thereafter. SEC. 7. FOREST SERVICE AND DEPARTMENT OF THE INTERIOR GRANTS. Section 10A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``and the Secretary of the Interior'' after ``The Secretary''; and (ii) by striking ``and equivalent State officials'' and inserting ``equivalent State officials, and local officials''; (B) in paragraph (3)-- (i) by striking ``trees and forests'' and inserting ``trees, forests, and rangelands''; and (ii) by inserting ``and rangeland'' after ``overall forest''; and (C) in paragraph (4)-- (i) by inserting ``and rangeland'' after ``all forest''; and (ii) by inserting ``and other vegetation'' after ``forest cover''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``and'' at the end; (ii) in subparagraph (D), by striking ``wildfires.'' and inserting ``wildfires; and''; and (iii) by adding at the end the following new subparagraph: ``(E) to enhance the capacity of local governments to integrate fire-resistant community and home design into local planning, zoning, building code, and brush clearing ordinances.''; (B) by amending paragraph (2) to read as follows: ``(2) Administration and implementation.--The Program shall be administered by the Chief of the Forest Service and the Secretary of the Interior and implemented through State foresters or equivalent State officials.''; (C) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by striking ``Secretary,'' and inserting ``Secretary and the Secretary of the Interior''; (ii) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively; (iii) by inserting after subparagraph (E) the following new subparagraph: ``(F) programs to build the capacity of local governments to design and maintain fire-resistant communities;''; (D) in paragraph (4), by inserting ``or the Secretary of the Interior'' after ``by the Secretary''; and (E) in paragraph (5), by inserting ``and the Secretary of the Interior'' after ``The Secretary''; (3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (4) by inserting after subsection (b), the following new subsection (c): ``(c) Pilot Program for Fire-Safe Communities to Coordinate Across Jurisdictional Boundaries.-- ``(1) Authority.--The Secretary and the Secretary of the Interior may carry out a pilot program to assess the feasibility and advisability of providing assistance to fire- safe communities located near Federal land to assist in Federal efforts to prevent and manage fires. ``(2) Grants.--The Secretary and the Secretary of the Interior may carry out the pilot program through the award of grants for purposes of the pilot program. ``(3) Use of grant funds.--A recipient of a grant under the pilot program may use the grant for any of the following: ``(A) To implement or enforce local ordinances consistent with the Federal model ordinance or applicable State model ordinance. ``(B) To complete cooperative fire agreements that articulate the roles and responsibilities for Federal, State, and local government entities in local wildfire suppression and protection. ``(C) To develop or implement community wildfire protection plans to better focus resources to address priority areas for hazardous fuels reduction projects. ``(D) To expand education programs to raise the awareness of homeowners and citizens of wildland fire protection practices. ``(E) To implement training programs for firefighters on wildland firefighting techniques and approaches. ``(F) To acquire equipment acquisition to facilitate wildland fire preparedness. ``(4) Matching requirement.-- ``(A) In general.--Subject to subparagraph (B), a person who receives a grant under the pilot program shall provide non-Federal funds in an amount equal to 25 percent of the amount of such grant. ``(B) Waiver.--The Secretary or the Secretary of the Interior may waive the requirements of subparagraph (A) in extraordinary circumstances.''; (5) in subsection (d), as redesignated by paragraph (3), by inserting ``and the Secretary of the Interior'' after ``section, the Secretary''; and (6) in subsection (e), as redesignated by paragraph (3)-- (A) in the matter preceding paragraph (1), by striking ``to the Secretary''; (B) in paragraph (1), by striking ``and'' at the end; and (C) by striking paragraph (2) and inserting the following: ``(2) to the Secretary-- ``(A) $35,000,000 for each of fiscal years 2008 through 2013; and ``(B) such sums as are necessary for each fiscal year thereafter; and ``(3) to the Secretary of the Interior-- ``(A) $15,000,000 for each of fiscal years 2008 through 2013; and ``(B) such sums as are necessary for each fiscal year thereafter.''.

Fire-Safe Communities Act - Requires the Director of the National Institute of Standards and Technology (NIST) to publish a federal model ordinance for municipalities at risk (subdivisions located in a fire hazard area) that includes specified elements regarding fire prevention and management, such as: (1) specifications for construction materials and techniques for use in such communities; and (2) standards for roads, culverts, and bridges. Authorizes the Under Secretary for Federal Emergency Management of the Department of Homeland Security (DHS) to modify, for a municipality at risk, the requirements of the Fire Management Assistance Grant Program related to the provision of a non-federal share of funds, so that if such a municipality has adopted an applicable model ordinance and is making significant progress toward implementing it, the Under Secretary may reduce the required non-federal share to 10% of the grant amount. Directs the Under Secretary to provide grants to: (1) municipalities at risk to encourage responsible development in state-identified fire-prone regions and to mitigate the catastrophic effects of fires; and (2) states to create or update fire-hazard assessment maps. Amends the Cooperative Forestry Assistance Act of 1978 to: (1) include as a purpose of the Community and Private Land Fire Assistance Program to enhance the capacity of local governments to integrate fire-resistant community and home design into local planning, zoning, building code, and brush clearing ordinances; and (2) authorize a pilot program to assess the feasibility and advisability of providing assistance to fire-safe communities located near federal land.

A bill to promote fire-safe communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``James Campbell National Wildlife Refuge Expansion Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States Fish and Wildlife Service manages the James Campbell National Wildlife Refuge for the purpose of promoting the recovery of 4 species of endangered Hawaiian waterbirds; (2) the United States Fish and Wildlife Service leases approximately 240 acres of high-value wetland habitat (including ponds, marshes, freshwater springs, and adjacent land) and manages the habitat in accordance with the National Wildlife Refuge System Improvement Act (16 U.S.C. 668dd note; Public Law 105-312); (3) the United States Fish and Wildlife Service entered into a contract to purchase in fee title the land described in paragraph (2) from the estate of James Campbell for the purposes of-- (A) permanently protecting the endangered species habitat; and (B) improving the management of the Refuge; (4) the United States Fish and Wildlife Service has identified for inclusion in the Refuge approximately 800 acres of additional high-value wildlife habitat adjacent to the Refuge that are owned by the estate of James Campbell; (5) the land of the estate of James Campbell on the Kahuku Coast features coastal dunes, coastal wetlands, and coastal strand that promote biological diversity for threatened and endangered species, including-- (A) the 4 species of endangered Hawaiian waterbirds described in paragraph (1); (B) migratory shorebirds; (C) waterfowl; (D) seabirds; (E) endangered and native plant species; (F) endangered monk seals; and (G) green sea turtles; (6) because of extensive coastal development, habitats of the type within the Refuge are increasingly rare on the Hawaiian islands; (7) expanding the Refuge will provide increased opportunities for wildlife-dependent public uses, including wildlife observation, photography, and environmental education and interpretation; and (8) acquisition of the land described in paragraph (4)-- (A) will create a single, large, manageable, and ecologically-intact unit that includes sufficient buffer land to reduce impacts on the Refuge; and (B) is necessary to reduce flood damage following heavy rainfall to residences, businesses, and public buildings in the town of Kahuku. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (2) Refuge.--The term ``Refuge'' means the James Campbell National Wildlife Refuge established pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. EXPANSION OF REFUGE. (a) Expansion.--The boundary of the Refuge is expanded to include the approximately 1,100 acres of land (including any water and interest in the land) depicted on the map entitled ``James Campbell National Wildlife Refuge--Expansion'' dated October 20, 2005, and on file in the office of the Director. (b) Boundary Revisions.--The Secretary may make such minor modifications to the boundary of the Refuge as the Secretary determines to be appropriate to-- (1) achieve the goals of the United States Fish and Wildlife Service relating to the Refuge; or (2) facilitate the acquisition of property within the Refuge. (c) Availability of Map.-- (1) In general.--The map described in subsection (a) shall remain available for inspection in an appropriate office of the United States Fish and Wildlife Service, as determined by the Secretary. (2) Notice.--As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register and any publication of local circulation in the area of the Refuge notice of the availability of the map. SEC. 5. ACQUISITION OF LAND AND WATER. (a) In General.--Subject to the availability of appropriated funds, the Secretary may acquire the land described in section 4(a). (b) Inclusion.--Any land, water, or interest acquired by the Secretary pursuant to this section shall-- (1) become part of the Refuge; and (2) be administered in accordance with applicable law. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

James Campbell National Wildlife Refuge Expansion Act of 2005 - Expands the boundary of the James Campbell National Wildlife Refuge (Refuge) in Honolulu, Hawaii, to include approximately 1,100 acres of land. Authorizes the Secretary of the Interior to: (1) acquire such land; and (2) make minor modifications to the boundary of the Refuge to achieve U.S. Fish and Wildlife Service goals or to acquire property within the Refuge. Authorizes appropriations.

A bill to provide for the expansion of the James Campbell National Wildlife Refuge, Honolulu County, Hawaii.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transferring Credits for College Completion Act of 2014''. SEC. 2. DATA REPORTING REQUIREMENTS. (a) Transfer Completion Data.--Section 132(i)(1) of the Higher Education Act of 1965 (20 U.S.C. 1015a(i)(1)) is amended by adding at the end the following: ``(AA) The percentages of degree- or certificate- seeking undergraduate students enrolled at the institution who have transferred from another institution and who obtain a degree or certificate within-- ``(i) the normal time for completion of, or graduation from, the student's program (including the time spent as a degree- or certificate-seeking undergraduate student at any other institution); ``(ii) 150 percent of the normal time for completion of, or graduation from, the student's program (including the time spent as a degree- or certificate-seeking undergraduate student at any other institution); and ``(iii) 200 percent of the normal time for completion of, or graduation from, the students program (including the time spent as a degree- or certificate-seeking undergraduate student at any other institution).''. (b) Effective Date.--This section shall take effect one year after the date of enactment of this Act. SEC. 3. ARTICULATION AGREEMENTS. (a) Transfer of Credit Policies.--Section 485(h) of the Higher Education Act of 1965 (20 U.S.C. 1092(h)) is amended-- (1) in paragraph (1)-- (A) by striking ``Each institution of higher education'' and inserting the following: ``(A) Private institutions.--Each institution of higher education that is not described in subparagraph (B) and that is''; (B) by redesigning subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (C) by adding at the end the following: ``(B) Public institutions.--Each public institution of higher education participating in any program under this title shall-- ``(i) not later than July 1, 2017, publicly disclose on a central location, and in a readable and comprehensible manner, on the website of such institution-- ``(I) a list of the public institutions of higher education that hold an articulation agreement in common with the institution; ``(II) a list of the courses in the common general education core curriculum of such public institutions of higher education; and ``(III) a description of each associate degree program at a public institution of higher education in the State that is acceptable in transfer and will provide credit toward the first 2 years of a related baccalaureate program at a public institution of higher education in such State, including each such associate degree program that is fully acceptable in transfer and will be credited as the first 2 years of a baccalaureate program; and ``(ii) to the extent practicable, in each electronic and printed publication of the institution's course schedule published on or after July 1, 2017, in a manner of the institution's choosing, for each course or program of study listed in the institution's course schedule, whether such course or program of study is part of the common general education core curriculum at the institution and transferable for credit toward the completion of a degree at any public institution of higher education listed under clause (i)(I). ``(C) Definitions.--For purposes of subparagraph (B), the terms `articulation agreement' and `common general education core curriculum' have the meanings given such terms in paragraph (2).''; and (2) by striking paragraph (2) and inserting following: ``(2) Articulation agreements.--Except as provided in paragraph (3), each public institution of higher education participating in any program under this title shall, not later than July 1, 2017, enter into an articulation agreement (as defined in section 486A(a)) held in common with the other public institutions of higher education that are in the State in which the institution is located and that are participating in any such program. Such articulation agreement shall, at a minimum, include the following: ``(A) A common general education core curriculum consisting of not less than 30 credit hours or the equivalent coursework, which are fully acceptable in transfer at any such public institution of higher education in the State toward meeting specific degree or certificate requirements. ``(B) Common course numbering for substantially similar courses in such common general education core curriculum. ``(C) A guarantee that an associate degree in an academic major in the arts or sciences that is awarded by a public institution of higher education in the State on or after July 1, 2017, shall be fully acceptable in transfer and credited as the first 2 years of a related baccalaureate program at a public institution of higher education in such State. ``(3) Exception for tribal colleges and universities.--A Tribal College or University (as defined in section 316) shall not be required to enter into or otherwise participate in an articulation agreement required under paragraph (2). ``(4) Rule of construction.--Nothing in this subsection shall be construed to-- ``(A) except as provided in paragraph (2), authorize the Secretary or the National Advisory Committee on Institutional Quality and Integrity to require particular policies, procedures, or practices by institutions of higher education with respect to transfer of credit; ``(B) authorize an officer or employee of the Department to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any institution of higher education, or over any accrediting agency or association; ``(C) limit the application of the General Education Provisions Act; ``(D) require an institution of higher education to accept or enroll a student; or ``(E) create any legally enforceable right, including with respect to a guarantee under paragraph (2)(C), on the part of a student to require an institution of higher education to accept the student for enrollment or to accept a transfer of credit from another institution.''. (b) Articulation Agreements.--Section 486A(b) of the Higher Education Act of 1965 (20 U.S.C. 1093a(b)) is amended-- (1) in paragraph (1)-- (A) by inserting ``that meet the requirements of section 485(h)(2)'' after ``comprehensive articulation agreements''; (B) by inserting ``comprehensive articulation agreements'' after ``practicable)''; (C) by striking ``2010'' and inserting ``2017''; and (D) by striking the third sentence, including subparagraphs (A) through (D); and (2) in paragraph (2), by inserting before the period at the end the following: ``and section 485(h)(2)''.

Transferring Credits for College Completion Act of 2014 - Amends the Higher Education Act of 1965 (HEA) to require the Secretary of Education to include on the College Navigator website the percentage of undergraduates at an institution of higher education (IHE) who have transferred from another IHE and earned their degree or certificate in their program of study within: (1) the normal time for its completion, (2) 150% of the normal time for its completion, and (3) 200% of the normal time for its completion. Requires private IHEs participating the programs under title IV (Student Assistance) of the HEA to publicly disclose, in a readable and comprehensible manner, their transfer of credit policies, including a list of IHEs with which they have established an articulation agreement. Requires each public IHE participating in a title IV program to publicly disclose, by July 1, 2017, on a central location of its website and in a readable and comprehensible manner: a list of the public IHEs with which it has an articulation agreement, a list of the courses in the common general education core curriculum of such public IHEs, and a description of each associate degree program at a public IHE in the state that is acceptable in transfer and that will provide credit toward the first two years of a related baccalaureate program at a public IHE in such state. Requires each public IHE, to the extent practicable, to include in its course schedule publication information on whether each listed course or program of study is part of its common general education core curriculum and is transferable for credit toward the completion of a degree at any public IHE with which it has an articulation agreement. Requires each public IHE, by July 1, 2017, to enter into an articulation agreement with the other public IHEs located in its state. Requires those agreements to include: a common general education core curriculum consisting of at least 30 credit hours or equivalent coursework that are fully transferable toward meeting specific degree or certificate requirements at other public IHEs in the state, common course numbering for substantially similar courses in that curriculum, and a guarantee that an associate degree in an academic major in the arts and sciences at a public IHE in the state will be credited as the first two years of a related baccalaureate program at other public IHEs in the state. Excepts Tribal Colleges or Universities from those articulation agreement requirements.

Transferring Credits for College Completion Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Multiyear Acquisition Strategy Act of 2017''. SEC. 2. MULTIYEAR ACQUISITION STRATEGY. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section: ``SEC. 836. MULTIYEAR ACQUISITION STRATEGY. ``(a) Multiyear Acquisition Strategy Required.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States a multiyear acquisition strategy to guide the overall direction of the acquisitions of the Department while allowing flexibility to deal with ever- changing threats and risks, and to help industry better understand, plan, and align resources to meet the future acquisition needs of the Department. Such strategy shall be updated and included in each Future Years Homeland Security Program required under section 874. ``(2) Form.--The strategy required under paragraph (1) shall be submitted in unclassified form but may include a classified annex for any sensitive or classified information if necessary. The Secretary shall publish such strategy in an unclassified format that is publicly available. ``(b) Consultation.--In developing the strategy required under subsection (a), the Secretary shall, as the Secretary determines appropriate, consult with headquarters, components, employees in the field, and individuals from industry and the academic community. ``(c) Contents of Strategy.--The strategy shall include the following: ``(1) Prioritized list.--A systematic and integrated prioritized list developed by the Under Secretary for Management in coordination with all of the Component Acquisition Executives of Department major acquisition programs that Department and component acquisition investments seek to address, including the expected security and economic benefit of the program or system that is the subject of acquisition and an analysis of how the security and economic benefit derived from such program or system will be measured. ``(2) Inventory.--A plan to develop a reliable Department- wide inventory of investments and real property assets to help the Department-- ``(A) plan, budget, schedule, and acquire upgrades of its systems and equipment; and ``(B) plan for the acquisition and management of future systems and equipment. ``(3) Funding gaps.--A plan to address funding gaps between funding requirements for major acquisition programs and known available resources, including, to the maximum extent practicable, ways of leveraging best practices to identify and eliminate overpayment for items to-- ``(A) prevent wasteful purchasing; ``(B) achieve the greatest level of efficiency and cost savings by rationalizing purchases; ``(C) align pricing for similar items; and ``(D) utilize purchase timing and economies of scale. ``(4) Identification of capabilities.--An identification of test, evaluation, modeling, and simulation capabilities that will be required to-- ``(A) support the acquisition of technologies to meet the needs of such strategy; ``(B) leverage to the greatest extent possible emerging technological trends and research and development trends within the public and private sectors; and ``(C) identify ways to ensure that appropriate technology is acquired and integrated into the Department's operating doctrine to improve mission performance. ``(5) Focus on flexible solutions.--An assessment of ways the Department can improve its ability to test and acquire innovative solutions to allow needed incentives and protections for appropriate risk-taking in order to meet its acquisition needs with resiliency, agility, and responsiveness to assure homeland security and facilitate trade. ``(6) Focus on incentives to save taxpayer dollars.--An assessment of ways the Department can develop incentives for program managers and senior Department acquisition officials to-- ``(A) prevent cost overruns; ``(B) avoid schedule delays; and ``(C) achieve cost savings in major acquisition programs. ``(7) Focus on addressing delays and bid protests.--An assessment of ways the Department can improve the acquisition process to minimize cost overruns in-- ``(A) requirements development; ``(B) procurement announcements; ``(C) requests for proposals; ``(D) evaluation of proposals; ``(E) protests of decisions and awards; and ``(F) the use of best practices. ``(8) Focus on improving outreach.--An identification and assessment of ways to increase opportunities for communication and collaboration with industry, small and disadvantaged businesses, intra-government entities, university centers of excellence, accredited certification and standards development organizations, and national laboratories to ensure that the Department understands the market for technologies, products, and innovation that is available to meet its mission needs and to inform the Department's requirements-setting process before engaging in an acquisition, including-- ``(A) methods designed especially to engage small and disadvantaged businesses, a cost-benefit analysis of the tradeoffs that small and disadvantaged businesses provide, information relating to barriers to entry for small and disadvantaged businesses, and information relating to unique requirements for small and disadvantaged businesses; and ``(B) within the Department Vendor Communication Plan and Market Research Guide, instructions for interaction by acquisition program managers with such entities to-- ``(i) prevent misinterpretation of acquisition regulations; and ``(ii) permit, within legal and ethical boundaries, interacting with such entities with transparency. ``(9) Competition.--A plan regarding competition under subsection (d). ``(10) Acquisition workforce.--A plan regarding the Department acquisition workforce under subsection (e). ``(d) Competition Plan.--The strategy required under subsection (a) shall also include a plan to address actions to ensure competition, or the option of competition, for major acquisition programs. Such plan may include assessments of the following measures in appropriate cases if such measures are cost effective: ``(1) Competitive prototyping. ``(2) Dual-sourcing. ``(3) Unbundling of contracts. ``(4) Funding of next-generation prototype systems or subsystems. ``(5) Use of modular, open architectures to enable competition for upgrades. ``(6) Acquisition of complete technical data packages. ``(7) Periodic competitions for subsystem upgrades. ``(8) Licensing of additional suppliers, including small businesses. ``(9) Periodic system or program reviews to address long- term competitive effects of program decisions. ``(e) Acquisition Workforce Plan.-- ``(1) Acquisition workforce.--The strategy required under subsection (a) shall also include a plan to address Department acquisition workforce accountability and talent management that identifies the acquisition workforce needs of each component performing acquisition functions and develops options for filling such needs with qualified individuals, including a cost-benefit analysis of contracting for acquisition assistance. ``(2) Additional matters covered.--The acquisition workforce plan under this subsection shall address ways to-- ``(A) improve the recruitment, hiring, training, and retention of Department acquisition workforce personnel, including contracting officer's representatives, in order to retain highly qualified individuals who have experience in the acquisition life cycle, complex procurements, and management of large programs; ``(B) empower program managers to have the authority to manage their programs in an accountable and transparent manner as such managers work with the acquisition workforce; ``(C) prevent duplication within Department acquisition workforce training and certification requirements through leveraging already-existing training within the Federal Government, academic community, or private industry; ``(D) achieve integration and consistency with Government-wide training and accreditation standards, acquisition training tools, and training facilities; ``(E) designate the acquisition positions that will be necessary to support the Department acquisition requirements, including in the fields of-- ``(i) program management; ``(ii) systems engineering; ``(iii) procurement, including contracting; ``(iv) test and evaluation; ``(v) life cycle logistics; ``(vi) cost estimating and program financial management; and ``(vii) additional disciplines appropriate to Department mission needs; ``(F) strengthen the performance of contracting officers' representatives (as defined in subpart 1.602- 2 and subpart 2.101 of the Federal Acquisition Regulation), including by-- ``(i) assessing the extent to which such representatives are certified and receive training that is appropriate; ``(ii) assessing what training is most effective with respect to the type and complexity of assignment; and ``(iii) implementing actions to improve training based on such assessments; and ``(G) identify ways to increase training for relevant investigators and auditors of the Department to examine fraud in major acquisition programs, including identifying opportunities to leverage existing Government and private sector resources in coordination with the Inspector General of the Department. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(2) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(A) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. ``(3) Best practices.--The term `best practices', with respect to acquisition, means-- ``(A) a knowledge-based approach to capability development that includes identifying and validating needs; ``(B) assessing alternatives to select the most appropriate solution; ``(C) clearly establishing well-defined requirements; ``(D) developing realistic cost assessments and schedules; ``(E) securing stable funding that matches resources to requirements; ``(F) demonstrating technology, design, and manufacturing maturity; ``(G) using milestones and exit criteria or specific accomplishments that demonstrate progress; ``(H) adopting and executing standardized processes with known success across programs; ``(I) establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and ``(J) integrating into the mission and business operations of the Department of Homeland Security the capabilities described in subparagraphs (A) through (I). ``(4) Component acquisition executive.--The term `Component Acquisition Executive' means the senior acquisition official within a component who is designated in writing by the Under Secretary for Management, in consultation with the component head, with authority and responsibility for leading a process and staff to provide acquisition and program management oversight, policy, and guidance to ensure that statutory, regulatory, and higher level policy requirements are fulfilled, including compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management. ``(5) Major acquisition program.--The term `major acquisition program' means a Department acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300,000,000 (based on fiscal year 2017 constant dollars) over its life cycle cost.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 835 the following new item: ``Sec. 836. Multiyear acquisition strategy.''. SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF MULTIYEAR ACQUISITION STRATEGY. (a) Review.--After submission of the first multiyear acquisition strategy in accordance with section 836 of the Homeland Security Act of 2002 (as added by section 2 of this Act) after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of such plan within 180 days to analyze the viability of such plan's effectiveness in the following: (1) Complying with the requirements of such section 836. (2) Establishing clear connections between Department of Homeland Security objectives and acquisition (as such term is defined in such section) priorities. (3) Demonstrating that Department acquisition policy reflects program management best practices (as such term is defined in such section) and standards. (4) Ensuring competition or the option of competition for major acquisition programs (as such term is defined in such section). (5) Considering potential cost savings through using already-existing technologies when developing acquisition program requirements. (6) Preventing duplication within Department acquisition workforce training requirements through leveraging already- existing training within the Federal Government, academic community, or private industry. (7) Providing incentives for acquisition program managers to reduce acquisition and procurement costs through the use of best practices and disciplined program management. (b) Report.--The Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate a report on the review conducted under this section. Such report shall be submitted in unclassified form but may include a classified annex. Passed the House of Representatives March 20, 2017. Attest: KAREN L. HAAS, Clerk.

DHS Multiyear Acquisition Strategy Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Department of Homeland Security (DHS) to submit a multiyear acquisition strategy that allows flexibility to deal with ever-changing threats and risks and that helps industry align resources to meet DHS needs. Such strategy shall be updated and included in each required Future Years Homeland Security Program. The strategy shall include: a prioritized list of major acquisition programs that DHS and component acquisition investments seek to address, a plan to develop a reliable DHS-wide inventory of investments and real property assets to help DHS plan and acquire upgrades of its systems and equipment and plan for acquisition and management of future systems and equipment; a plan to address gaps between funding requirements for major acquisition programs and available resources, identification of capabilities required to support the acquisition of technologies to meet the needs of such strategy, identification of ways to increase opportunities for outreach to ensure that DHS understands the market to meet its mission needs, a plan to ensure competition for major acquisition programs, and an acquisition workforce plan. The strategy also shall include assessments of ways DHS can: improve its ability to test and acquire innovative solutions to allow needed incentives and protections for appropriate risk-taking; develop incentives for program managers and senior DHS acquisition officials to prevent cost overruns, avoid schedule delays, and achieve cost savings; and improve the acquisition process to minimize cost overruns. (Sec. 3) The Government Accountability Office shall review the strategy to analyze its effectiveness in meeting specified objectives.

DHS Multiyear Acquisition Strategy Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Close the Revolving Door Act of 2014''. SEC. 2. LIFETIME BAN ON MEMBERS OF CONGRESS FROM LOBBYING. (a) In General.--Section 207(e)(1) of title 18, United States Code, is amended to read as follows: ``(1) Members of congress.--Any person who is a Senator, a Member of the House of Representatives or an elected officer of the Senate or the House of Representatives and who after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator, Member, or elected official seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.''. (b) Conforming Amendment.--Section 207(e)(2) of title 18, United States Code, is amended-- (1) in the heading, by striking ``Officers and staff'' and inserting ``Staff''; and (2) by striking ``an elected officer of the Senate, or''. SEC. 3. CONGRESSIONAL STAFF. Paragraphs (2), (3), (4), (5)(A), and (6)(A) of section 207(e) of title 18, United States Code, is amended by striking ``1 year'' and inserting ``6 years''. SEC. 4. IMPROVED REPORTING OF LOBBYISTS' ACTIVITIES. Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended by adding at the end the following: ``(c) Joint Web Site.-- ``(1) In general.--The Secretary of the Senate and the Clerk of the House of Representatives shall maintain a joint lobbyist disclosure Internet database for information required to be publicly disclosed under this Act which shall be an easily searchable Web site called lobbyists.gov with a stated goal of simplicity of usage. ``(2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $100,000 for fiscal year 2015.''. SEC. 5. LOBBYIST REVOLVING DOOR TO CONGRESS. (a) In General.--Any person who is a registered lobbyist or an agent of a foreign principal may not within 6 years after that person leaves such position be hired by a Member or committee of either House of Congress with whom the registered lobbyist or an agent of a foreign principal has had substantial lobbying contact. (b) Waiver.--This section may be waived in the Senate or the House of Representatives by the Committee on Ethics or the Committee on Standards of Official Conduct based on a compelling national need. (c) Substantial Lobbying Contact.--For purposes of this section, in determining whether a registered lobbyist or agent of a foreign principal has had substantial lobbying contact within the applicable period of time, the Member or committee of either House of Congress shall take into consideration whether the individual's lobbying contacts have pertained to pending legislative business, or related to solicitation of an earmark or other Federal funding, particularly if such contacts included the coordination of meetings with the Member or staff, involved presentations to staff, or participation in fundraising exceeding the mere giving of a personal contribution. Simple social contacts with the Member or committee of either House of Congress and staff, shall not by themselves constitute substantial lobbying contacts. SEC. 6. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES. The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended by inserting after section 6 the following: ``SEC. 6A. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES. ``(a) In General.--A substantial lobbying entity shall file on an annual basis with the Clerk of the House of Representatives and the Secretary of the United States Senate a list of any employee, individual under contract, or individual who provides paid consulting services who is-- ``(1) a former United States Senator or a former Member of the United States House of Representatives; or ``(2) a former congressional staff person who-- ``(A) made at least $100,000 in any 1 year as a congressional staff person; ``(B) worked for a total of 4 years or more as a congressional staff person; or ``(C) had a job title at any time while employed as a congressional staff person that contained any of the following terms: `Chief of Staff', `Legislative Director', `Staff Director', `Counsel', `Professional Staff Member', `Communications Director', or `Press Secretary'. ``(b) Contents of Filing.--The filing required by this section shall contain a brief job description of each such employee, individual under contract, or individual who provides paid consulting services, and an explanation of their work experience under subsection (a) that requires this filing. ``(c) Improved Reporting of Substantial Lobbying Entities.--The Joint Web site being maintained by the Secretary of the Senate and the Clerk of the House of Representatives, known as lobbyists.gov, shall include an easily searchable database entitled `Substantial Lobbying Entities' that includes qualifying employees, individuals under contract, or individuals who provide paid consulting services, under subsection (a). ``(d) Law Enforcement Oversight.--The Clerk of the House of Representatives and the Secretary of the Senate shall provide a copy of the filings of substantial lobbying entities to the District of Columbia United States Attorney, to allow the District of Columbia United States Attorney to determine whether any such entities are underreporting the Federal lobbying activities of its employees, individuals under contract, or individuals who provide paid consulting services. ``(e) Substantial Lobbying Entity.--In this section, the term `substantial lobbying entity' means an incorporated entity that employs more than 3 federally registered lobbyists during a filing period.''. SEC. 7. ENHANCED PENALTIES. Section 7(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606(a)) is amended by striking ``$200,000'' and inserting ``$500,000''.

Close the Revolving Door Act of 2014 - Amends the federal criminal code to impose a lifetime ban on any former Senator, Member of the House of Representatives, or elected officer of the Senate or House of Representatives lobbying any current Member, officer, or employee of Congress or any employee of any other legislative office (currently, the ban is for two years after a Senator leaves office and one year after a Member of the House of Representatives leaves office). Extends such ban from one to six years for officers and employees of the Senate, personal staff of Members, committee staff, leadership staff, and other legislative offices. Prohibits for a six-year period the hiring of a registered lobbyist or agent of a foreign principal by a Member of Congress or a congressional committee with whom the lobbyist or agent has had a substantial lobbying contact. Amends the Lobbying Disclosure Act of 1995 to: (1) direct the Secretary of the Senate and the Clerk of the House of Representatives to maintain a joint lobbyist disclosure Internet database for information required to be publicly disclosed by such Act, (2) require a substantial lobbying entity to file with Congress a list of any employees who provide paid consulting services and who are former Members of Congress or highly-paid congressional staffers, and (3) increase the civil penalty for violations of the disclosure or reporting provisions of such Act.

Close the Revolving Door Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Modernization and Efficiency Act of 1995''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the single family housing mortgage insurance program of the Department of Housing and Urban Development is a significant factor in promoting first-time and affordable homeownership in the United States; (2) use of mortgage financing under the program has decreased in recent years, due in part to increasing complexity of mortgage origination and servicing under the program; (3) simplifying and streamlining the loan criteria and loan approval process under the program would have a positive effect on use of the program without increasing risk to the Mutual Mortgage Insurance Fund; and (4) flexible lending products can be developed without increasing risk to the Mutual Mortgage Insurance Fund. SEC. 3. MAXIMUM MORTGAGE AMOUNT FLOOR FOR SINGLE FAMILY MORTGAGE INSURANCE. Subparagraph (A) of the first sentence of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended by striking ``the greater of'' and all that follows through ``applicable size'' and inserting the following: ``50 percent of the dollar amount limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (as adjusted annually under such section) for a residence of the applicable size''. SEC. 4. CALCULATION OF DOWNPAYMENT. Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended-- (1) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) except as otherwise provided in this paragraph (2), not in excess of-- ``(i) in the case of a mortgage for a property with an appraised value equal to or less than $50,000, 98.75 percent of the appraised value of the property, ``(ii) in the case of a mortgage for a property with an appraised value in excess of $50,000 but not in excess of $125,000, 97.65 percent of the appraised value of the property, ``(iii) in the case of a mortgage for a property with an appraised value in excess of $125,000, 97.15 percent of the appraised value of the property, or ``(iv) notwithstanding clauses (ii) and (iii), in the case of a mortgage for a property with an appraised value in excess of $50,000 and which is located in a State for which the average closing cost exceeds 3.25 percent of the average, for the State, of the sale price of properties located in the State for which mortgages have been executed, 97.75 percent of the appraised value of the property, plus the amount of the mortgage insurance premium paid at the time the mortgage is insured.''; (2) in the 1st sentence of the matter following subparagraph (B), by inserting before the period at the end the following: ``, and the term `average closing cost' means, with respect to a State, the average, for mortgages executed for properties that are located within the State, of the total amounts (as determined by the Secretary) of initial service charges, appraisal, inspection, and other fees (as the Secretary shall approve) that are paid in connection with such mortgages''; (3) by striking the 2d sentence of the matter following subparagraph (B); and (4) in penultimate undesignated paragraph-- (A) in the 2d sentence, by striking ``the preceding sentence'' and inserting ``this subsection''; and (B) by striking the 1st sentence. SEC. 5. ELIMINATION OF RESTRICTIONS REGARDING NEW CONSTRUCTION. (a) In General.--Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended, in the matter following subparagraph (B)-- (1) in the 1st undesignated paragraph, by striking ``Notwithstanding any other provision of this section,'' and all that follows through ``beginning of construction.''; and (2) by striking the 2d undesignated paragraph (relating to mortgage insurance amounts for residences having solar energy systems). (b) Repeal of Authority to Expend Amounts From Insurance Fund to Correct Substantial Defects.--Section 518 of the National Housing Act (12 U.S.C. 1735b) is hereby repealed. SEC. 6. AUTHORITY TO USE AMOUNTS BORROWED FROM FAMILY MEMBERS FOR DOWNPAYMENTS. (a) In General.--Section 203(b)(9) of the National Housing Act (12 U.S.C. 1709(b)(9)) is amended by inserting before the period at the end the following: ``: Provided further, That for purposes of this paragraph, the Secretary shall consider as cash or its equivalent any amounts borrowed from a family member (as such term is defined in section 201), subject only to the requirements that, in any case in which the repayment of such borrowed amounts is secured by a lien against the property, such lien shall be subordinate to the mortgage and the sum of the principal obligation of the mortgage and the obligation secured by such lien may not exceed 100 percent of the appraised value of the property plus any initial service charges, appraisal, inspection, and other fees in connection with the mortgage''. (b) Definition of Family Member.--Section 201 of the National Housing Act (12 U.S.C. 1707) is amended by adding at the end the following new subsections: ``(e) The term `family member' means, with respect to a mortgagor under such section, a child, parent, or grandparent of the mortgagor (or the mortgagor's spouse). In determining whether any of the relationships referred to in the preceding sentence exist, a legally adopted son or daughter of an individual (and a child who is a member of an individual's household, if placed with such individual by an authorized placement agency for legal adoption by such individual), and a foster child of an individual, shall be treated as a child of such individual by blood. ``(f) The term `child' means, with respect to a mortgagor under such section, a son, stepson, daughter, or stepdaughter of such mortgagor.''. SEC. 7. APPROVAL OF CONDOMINIUM PROJECTS. Section 234 of the National Housing Act (12 U.S.C. 1715y) is amended by striking subsection (k) and inserting the following new subsection: ``(k) Approval of Projects.-- ``(1) In general.--A mortgage covering a multifamily project or a condominium unit in a multifamily project shall be eligible for mortgage insurance under this section notwithstanding any other provision of this section relating to requirements for multifamily projects if the project has been approved by a government-sponsored housing enterprise and-- ``(A) in the case of a mortgage covering any condominium unit in the project, the mortgage otherwise complies with the requirements under this section regarding eligibility of mortgages for mortgage insurance provided under subsection (c); and ``(B) in the case of a blanket mortgage covering the multifamily project, the mortgage otherwise complies with the requirements under this section regarding eligibility of mortgages for mortgage insurance provided under subsection (d). ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) The term `approved by a government-sponsored housing enterprise' means, with respect to a multifamily housing project having a condominium ownership structure, that a government-sponsored housing enterprise has determined that any mortgage covering the project or any condominium property in the project may be purchased by the enterprise if such mortgage is otherwise determined by the enterprise to meet the standards and requirements of the enterprise relating to mortgages. ``(B) The term `condominium unit' means, with respect to a multifamily property, a 1-family dwelling unit in the project and an undivided interest in the common areas and facilities that serve the project. ``(C) The term `government-sponsored housing enterprise' means-- ``(i) the Federal National Mortgage Association; and ``(ii) the Federal Home Loan Mortgage Corporation.''. SEC. 8. DELEGATION OF SINGLE FAMILY MORTGAGE INSURING AUTHORITY TO DIRECT ENDORSEMENT MORTGAGEES. Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is amended by adding at the end the following new section: ``delegation of insuring authority to direct endorsement mortgagees ``Sec. 256. (a) Authority.--The Secretary may delegate, to one or more mortgagees approved by the Secretary under the direct endorsement program, the authority of the Secretary under this Act to insure mortgages involving property upon which there is located a dwelling designed principally for occupancy by 1 to 4 families. ``(b) Considerations.--In determining whether to delegate authority to a mortgagee under this section, the Secretary shall consider the experience and performance of the mortgagee under the direct endorsement program, the default rate of insured mortgages originated by the mortgagee compared to the default rate of all insured mortgages in comparable markets, and such other factors as the Secretary determines appropriate to minimize risk of loss to the insurance funds under this Act. ``(c) Enforcement of Insurance Requirements.-- ``(1) In general.--If the Secretary determines that a mortgage insured by a mortgagee pursuant to delegation of authority under this section was not originated in accordance with the requirements established by the Secretary, and the Secretary pays an insurance claim with respect to the mortgage within a reasonable period specified by the Secretary, the Secretary may require the mortgagee approved under this section to indemnify the Secretary for the loss. ``(2) Fraud or misrepresentation.--If fraud or misrepresentation was involved in connection with the origination, the Secretary may require the mortgagee approved under this section to indemnify the Secretary for the loss regardless of when an insurance claim is paid. ``(d) Termination of Mortgagee's Authority.--If a mortgagee to which the Secretary has made a delegation under this section violates the requirements and procedures established by the Secretary or the Secretary determines that other good cause exists, the Secretary may cancel a delegation of authority under this section to the mortgagee by giving notice to the mortgagee. Such a cancellation shall be effective upon receipt of the notice by the mortgagee or at a later date specified by the Secretary. A decision by the Secretary to cancel a delegation shall be final and conclusive and shall not be subject to judicial review. ``(e) Requirements and Procedures.--Before approving a delegation under this section, the Secretary shall issue regulations establishing appropriate requirements and procedures, including requirements and procedures governing the indemnification of the Secretary by the mortgagee.''. SEC. 9. INSURANCE OF 2-STEP SINGLE FAMILY MORTGAGES. Title II of the National Housing Act (12 U.S.C. 1701 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new section: ``2-step single family mortgages ``Sec. 257. (a) Authority.--After making the finding required under subsection (d), the Secretary may insure under any provision of this title a mortgage involving property upon which there is located a dwelling designed principally for occupancy by 1 to 4 families, where the mortgage provides that the effective rate of interest charged is-- ``(1) fixed for the duration of a specified period that consists of not less than the first 5 years of the mortgage term; ``(2) adjusted by the mortgagee upon the expiration of the specified period referred to in paragraph (1) for the mortgage; and ``(3) for the term of the mortgage remaining after such adjustment-- ``(A) fixed at the adjusted rate established pursuant to paragraph (2); or ``(B) periodically adjusted by the mortgagee. ``(b) Redetermination of Rate.--For each mortgage insured pursuant to this section, the adjustment of the effective rate of interest pursuant to subsection (a)(2) may be accomplished through adjustments in the monthly payment amount, the outstanding principal balance, or the mortgage term, or a combination of such factors, except that in no case may any extension of a mortgage term result in a total term in excess of 40 years. The adjustment in the effective rate of interest shall correspond to a specified national interest rate index that is approved in regulations issued by the Secretary and information on which is readily accessible to the mortgagors from generally available published sources. ``(c) Limitations on Second-Step Periodic Rates.--For each mortgage insured pursuant to this section for which the effective rate of interest charged pursuant to subsection (a)(3) is periodically adjusted under subparagraph (B) of such subsection, such adjustments in the interest rate-- ``(1) may be accomplished through adjustments in the monthly payment amount, the outstanding principal balance, or the mortgage term, or a combination of such factors, except that in no case may any extension of a mortgage term result in a total term in excess of 40 years; ``(2) shall correspond to a specified national interest rate index that is approved in regulations issued the Secretary and information on which is readily accessible to the mortgagors from generally available published sources; ``(3) shall be made on an annual basis; ``(4) shall be limited, with respect to any single interest rate increase, to no more than 1 percent on the outstanding loan balance; and ``(5) be limited to a maximum increase of 5 percentage points above the initial contract interest rate over the term of the mortgage. ``(d) Conditions on Insuring Authority.--The Secretary may insure mortgages pursuant to this section only after determining that the risk posed by such insurance to the financial safety and soundness of the insurance fund of which the mortgage insurance is an obligation does not exceed such risk posed by insurance of mortgages of equivalent terms having fixed interest rates over such terms. ``(e) Description of Features.--The Secretary shall issue regulations requiring that the mortgagee make available to the mortgagor, at the time of loan application, a written explanation of the features of the 2-step mortgage insured pursuant to this section. ``(f) Limitation of Total Number of Mortgages Insured.--The aggregate number of mortgages and loans insured pursuant to this section in any fiscal year may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this title during the preceding fiscal year.''.

FHA Modernization and Efficiency Act of 1995 - Amends the National Housing Act to revise single family mortgage insurance program provisions regarding: (1) maximum mortgage amount floor; (2) downpayment calculations and family loans; (3) new construction; (4) condominiums; (5) direct endorsement mortgages; and (6) two-step adjustable mortgages.

FHA Modernization and Efficiency Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Handgun Injury Prevention Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) In the 10 years from 1987 through 1996, nearly 2,200 children in the United States who were 14 years of age or younger died from unintentional shootings, and in 1996 alone, 138 children were shot and killed unintentionally, which is an average of 11 children every month, or 1 child every third day, according to the National Center for Health Statistics. (2) The United States leads the industrialized world in the rates of children lost to unintentional firearms-related deaths. A 1997 study from the Centers for Disease Control and Prevention found that for unintentional firearms-related deaths for children under the age of 15, the rate in the United States was 9 times greater than in 25 other industrialized countries combined. (3) While the number of unintentional deaths from firearms is an unacceptable toll on the children of the United States, nearly 8 times that number are treated annually in hospital emergency rooms in the United States for nonfatal unintentional gunshot wounds, according to an article in the June 12, 1996, issue of the Journal of the American Medical Association. (4) In the June 12, 1987, issue of the Journal of the American Medical Association, a study of unintentional firearms deaths among children in California found that unintentional gunshot wounds most often involve handguns. (5) A study in the December 1995 issue of the Archives of Pediatric and Adolescent Medicine found that children as young as 3 years old are strong enough to fire most commercially available handguns. The study found that 25 percent of 3- to 4- year-olds and 70 percent of 5- to 6-year-olds had sufficient finger strength to fire 59 (or 92 percent) of the 64 commonly available handguns examined in the study. (6) Currently, firearms are the only products manufactured in the United States that are not subject to minimum safety standards. (7) A 1997 public opinion poll conducted by the National Opinion Research Center at the University of Chicago in conjunction with the Johns Hopkins Center for Gun Policy and Research found that 74 percent of the people of the United States support safety regulation of the firearms industry. (8) Firearms, their component parts, and safety locks designed to prevent firearms from accidentally discharging, all move in interstate commerce. (9) Many currently available trigger locks and other similar devices are inadequate to prevent the accidental discharge of the firearms to which they are attached, or to prevent children from gaining access to the firearms. SEC. 3. REGULATION OF HANDGUN DISCHARGE PROTECTION PRODUCTS. (a) General Authority.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall prescribe such regulations governing the design, manufacture, and performance of, and commerce in, handgun discharge protection products, as are necessary to reduce or prevent unreasonable risk of injury to children from the unintentional discharge of handguns. (b) Minimum Safety Standard.--The regulations required by subsection (a) shall, at a minimum, set forth a minimum safety standard that a handgun discharge protection product must meet in order to be manufactured, sold, transferred, or delivered consistent with this Act. In developing the standard, the Secretary shall give appropriate consideration to handgun discharge protection products that are not detachable, but are permanently installed and incorporated into the design of a handgun. The standard shall include provisions to ensure that any handgun discharge protection product that meets the standard is of adequate quality and construction to prevent children from operating a handgun, and to ensure that such a product cannot be removed from a handgun except through the use of a key, combination, or other method of access made possible by the manufacturer of the product. (c) Use of Poison Packaging Prevention Standards Test Protocols.-- In developing the standard required by subsection (b), the Secretary shall consider using test protocols described in section 1700.20 of title 16, Code of Federal Regulations, (in effect as of January 1, 1998), related to poison prevention packaging standards. (d) Deadline for Issuance of Standard.--Within 12 months after the date of the enactment of this Act, the Secretary shall issue in final form the standard required by subsection (b). (e) Effective Date of Standard.--The standard issued under subsection (b) shall take effect 6 months after the date of issuance. SEC. 4. ORDERS; INSPECTIONS. (a) In General.--The Secretary may issue an order prohibiting the manufacture, sale, transfer, or delivery of a handgun discharge protection product which the Secretary finds has been designed, or has been or is intended to be manufactured, transferred, or distributed in violation of this Act or a regulation prescribed under this Act. (b) Authority To Require the Recall, Repair, or Replacement of, or the Provision of Refunds.--The Secretary may issue an order requiring the manufacturer of, and any dealer in, a handgun discharge protection product which the Secretary finds has been designed, manufactured, transferred, or delivered in violation of this Act or a regulation prescribed under this Act, to-- (1) provide notice of the risks associated with the product, and of how to avoid or reduce the risks, to-- (A) the public; (B) in the case of the manufacturer of the product, each dealer in the product; and (C) in the case of a dealer in the product, the manufacturer of the product and the other persons known to the dealer as dealers in the product; (2) bring the product into conformity with the regulations prescribed under this Act; (3) repair the product; (4) replace the product with a like or equivalent product which is in compliance with such regulations; (5) refund the purchase price of the product, or, if the product is more than 1 year old, a lesser amount based on the value of the product after reasonable use; (6) recall the product from the stream of commerce; or (7) submit to the Secretary a satisfactory plan for implementation of any action required under this subsection. (c) Inspections.--In order to ascertain compliance with this Act and the regulations and orders issued under this Act, the Secretary may, at reasonable times-- (1) enter any place in which handgun discharge protection products are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the products are manufactured, stored, or held; and (2) enter and inspect any conveyance being used to transport for commercial purposes a handgun discharge protection product. SEC. 5. UNLAWFUL ACTS. (a) In General.--Beginning 30 days after a final standard issued under section 3(b) takes effect, it shall be unlawful-- (1) for any licensed manufacturer or licensed importer to sell, transfer, or deliver to any person any handgun without a handgun discharge protection product that meets the standard; and (2) for any licensed dealer to sell, transfer, or deliver to any person any handgun without the handgun discharge protection product supplied to the dealer by the licensed manufacturer or importer. (b) Exception.--Subsection (a) shall not apply to the sale, transfer, or delivery of a handgun to a department or agency of the Federal Government or of any State government or political subdivision of a State. SEC. 6. WARNING LABELS FOR HANDGUNS. (a) Inclusion of Warning Labels In Handgun Packaging.-- (1) In general.--A licensed manufacturer, licensed importer, or licensed dealer shall not sell, transfer, or deliver a handgun with accompanying packaging or other descriptive materials, unless the warning label described in paragraph (2) is displayed on the principal display panel of the packaging and on the materials. (2) Warning label.-- (A) Content.--The warning label referred to in paragraph (1) is a label that, in conspicuous and legible type, contains the following statement: <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> ``Children are attracted to and can operate handguns, which can cause severe injuries or death. ``Prevent child access by always keeping handguns locked away and unloaded.''. (B) Appearance.--The statement required by subparagraph (A) shall, by typography, layout, or color, be in contrast with other printed matter on the package or descriptive materials, in a manner similar to that described in section 1500.121 of title 16, Code of Federal Regulations (in effect as of January 1, 1998). (b) Affixation of Warning Label to Handgun Transferred Without Packaging.--A licensed manufacturer, licensed importer, or licensed dealer shall not sell, transfer, or deliver a handgun without accompanying packaging or other descriptive materials, unless the label described in subsection (a)(2)(A) is affixed to the handgun by a method to be prescribed by rule by the Secretary. (c) Effective Date.--This section shall take effect 60 days after the date of the enactment of this Act. SEC. 7. REPORTING REQUIREMENTS. Each licensed manufacturer, licensed importer, and licensed dealer shall report to the Secretary any information obtained by the manufacturer, importer, or dealer which reasonably supports the conclusion that-- (1) a child has suffered an unintentional or self-inflicted gunshot wound inflicted through the use of a handgun that was sold, transferred, or delivered by the manufacturer, importer, or dealer after the effective date of this Act; and (2) as a result, the individual died, suffered serious injury, or was treated for an injury by a medical professional. SEC. 8. ENFORCEMENT. (a) Civil Penalties.--The Secretary may assess a civil money penalty not to exceed $10,000 for each violation of this Act. (b) Revocation of Federal Firearms License.--Section 923(e) of title 18, United States Code, is amended by inserting after the 2nd sentence the following: ``The Secretary may, after notice and opportunity for hearing, revoke any license issued under this section if the holder of the license violates any provision of the Child Handgun Injury Prevention Act or any rule or regulation prescribed under such Act.''. (c) Private Cause of Action.-- (1) In general.--Any person aggrieved by any violation of this Act or of any regulation prescribed or order issued under this Act by another person may bring an action against such other person in any United States district court for damages, including consequential damages. In any action under this subsection, the court, in its discretion, may award to a prevailing plaintiff a reasonable attorney's fee as part of the costs. (2) Rule of interpretation.--The remedy provided for in paragraph (1) shall be in addition to any other remedy provided by common law or under Federal or State law. (d) Private Enforcement of This Act.--Any interested person may bring an action in any United States district court to enforce this Act, or restrain any violation of this Act or of any regulation prescribed or order issued under this Act. In any action under this subsection, the court, in its discretion, may award to a prevailing plaintiff a reasonable attorney's fee as part of the costs. (e) Effect on Private Remedies.-- (1) Irrelevancy of compliance with this act.--Compliance with this Act or any order issued or regulation prescribed under this Act shall not relieve any person from liability to any person under common law or State statutory law. (2) Irrelevancy of failure to take action under this act.-- The failure of the Secretary to take any action authorized under this Act shall not be admissible in litigation relating to the product under common law or State statutory law. (f) Criminal Penalties.--Any person who has received from the Secretary a notice that the person has violated a provision of this Act or of a regulation prescribed under this Act with respect to a handgun discharge protection product, and who subsequently knowingly violates such provision with respect to the product shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. SEC. 9. NO EFFECT ON STATE LAW. This Act does not annul, alter, impair, or affect, or exempt any person subject to the provisions of this Act from complying with, any provision of the law of any State or any political subdivision thereof, except to the extent that such provisions of State law are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. A provision of State law is not inconsistent with this Act if such provision affords greater protection to children in respect of handguns than is afforded by this Act. SEC. 10. DEFINITIONS. In this Act: (1) The term ``handgun discharge protection product'' means any device (including a handgun) that is designed, manufactured, or represented in commerce, as useful in protecting children from injury from the unintentional discharge of a handgun. (2) The term ``children'' means individuals who have not attained 18 years of age. (3) The terms ``licensed importer'', ``licensed manufacturer'', ``licensed dealer'', ``Secretary'', and ``handgun'' have the meanings given in paragraphs (9), (10), (11), (18), and (29), respectively, of section 921(a) of title 18, United States Code.

Child Handgun Injury Prevention Act - Directs the Secretary of the Treasury to prescribe regulations governing the design, manufacture, performance of, and commerce in, handgun discharge protection products to reduce or prevent unreasonable risk of injury to children from the unintentional discharge of handguns. Requires a minimum safety standard that ensures that such a product: (1) is of adequate quality and construction to prevent children from operating a handgun; and (2) cannot be removed except through the use of a key, combination, or other method of access made possible by the manufacturer. Directs the Secretary to: (1) consider products that are not detachable but are permanently installed and incorporated into the design of a handgun; and (2) consider using test protocols relating to poison prevention packaging standards.Authorizes the Secretary to: (1) require the manufacturer to recall, repair, replace, or provide refunds with respect to, a handgun discharge protection device which has been designed, manufactured, transferred, or delivered in violation of this Act; and (2) make inspections to ascertain compliance.Prohibits: (1) a licensed manufacturer or importer from selling, transferring, or delivering to any person any handgun without a product that meets the standard; and (2) a licensed dealer from selling, transferring, or delivering to any person any handgun without the product supplied to the dealer by the licensed manufacturer or importer. Makes exceptions for Federal, state, and local governments.Requires warning labels for handguns. Provides for enforcement of this Act through civil penalties, firearms license revocation, a private right of action, and criminal penalties.Allows State law to afford greater protection to children regarding handguns than is afforded by this Act.

To prevent children from injuring themselves with handguns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``STRONG Budget Act of 2010''. SEC. 2. SEQUESTRATION TO ACHIEVE A BALANCED FEDERAL BUDGET. (a) Sequestration To Achieve a Balanced Federal Budget.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding after section 253 the following new section: ``SEC. 253A. SEQUESTRATION TO ACHIEVE A BALANCED FEDERAL BUDGET. ``(a) Sequestration.--Notwithstanding sections 255 and 256, within 15 days after Congress adjourns to end a session, and on the same day as sequestration (if any) under section 5 of the Statutory Pay-As-You- Go Act of 2010, but after any sequestration required by that section, there shall be a sequestration equivalent to 2 percent of the budget baseline for the fiscal year beginning on October 1 of the calendar year during which such sequestration occurs. ``(b) Applicability.-- ``(1) In general.--Except as provided by paragraph (2), each account of the United States shall be reduced by a dollar amount calculated by multiplying the level of budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (a). All obligational authority reduced under this section shall be done in a manner that makes such reductions permanent. ``(2) Exempt accounts.--(A) No order issued to carry out this section may-- ``(i) reduce benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), and benefits payable under section 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45, United States Code, shall be exempt from reduction under any order issued under this part; ``(ii) reduce benefits payable under any program administered by the Department of Veterans Affairs or Special Benefits for Certain World War II Veterans (28- 0401-0-1-701); ``(iii) reduce benefits payable under part A of the Social Security Act (42 U.S.C. 1395c et seq.) (relating to hospital insurance benefits for the aged and disabled); or ``(iv) reduce payments for net interest (all of major functional category 900). ``(B) The following Federal retirement and disability accounts and activities shall be exempt from reduction under any order issued to carry out this section: ``Black Lung Disability Trust Fund (20-8144-0-7- 601). ``Central Intelligence Agency Retirement and Disability System Fund (56-3400-0-1-054). ``Civil Service Retirement and Disability Fund (24- 8135-0-7-602). ``Comptrollers general retirement system (05-0107- 0-1-801). ``Contributions to U.S. Park Police annuity benefits, Other Permanent Appropriations (14-9924-0-2- 303). ``Court of Appeals for Veterans Claims Retirement Fund (95-8290-0-7-705). ``Department of Defense Medicare-Eligible Retiree Health Care Fund (97-5472-0-2-551). ``District of Columbia Federal Pension Fund (20- 5511-0-2-601). ``District of Columbia Judicial Retirement and Survivors Annuity Fund (20-8212-0-7-602). ``Energy Employees Occupational Illness Compensation Fund (16-1523-0-1-053). ``Foreign National Employees Separation Pay (97- 8165-0-7-051). ``Foreign Service National Defined Contributions Retirement Fund (19-5497-0-2-602). ``Foreign Service National Separation Liability Trust Fund (19-8340-0-7-602). ``Foreign Service Retirement and Disability Fund (19-8186-0-7-602). ``Government Payment for Annuitants, Employees Health Benefits (24-0206-0-1-551). ``Government Payment for Annuitants, Employee Life Insurance (24-0500-0-1-602). ``Judicial Officers' Retirement Fund (10-8122-0-7- 602). ``Judicial Survivors' Annuities Fund (10-8110-0-7- 602). ``Military Retirement Fund (97-8097-0-7-602). ``National Railroad Retirement Investment Trust (60-8118-0-7-601). ``National Oceanic and Atmospheric Administration retirement (13-1450-0-1-306). ``Pensions for former Presidents (47-0105-0-1-802). ``Postal Service Retiree Health Benefits Fund (24- 5391-0-2-551). ``Public Safety Officer Benefits (15-0403-0-1-754). ``Rail Industry Pension Fund (60-8011-0-7-601). ``Retired Pay, Coast Guard (70-0602-0-1-403). ``Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service (75-0379- 0-1-551). ``Special Benefits for Disabled Coal Miners (16- 0169-0-1-601). ``Special Benefits, Federal Employees' Compensation Act (16-1521-0-1-600). ``Special Workers Compensation Expenses (16-9971-0- 7-601). ``Tax Court Judges Survivors Annuity Fund (23-8115- 0-7-602). ``United States Court of Federal Claims Judges' Retirement Fund (10-8124-0-7-602). ``United States Secret Service, DC Annuity (70- 0400-0-1-751). ``Voluntary Separation Incentive Fund (97-8335-0-7- 051). ``(c) Sequestration Report.--Not later than 14 days (excluding weekends and holidays) after Congress adjourns to end a session, OMB shall make publicly available and cause to be printed in the Federal Register an annual deficit reduction report. The report shall include the amount of reductions required under section 253A and the deficit remaining after those reductions have been made, and the sequestration percentage necessary to achieve the required reduction in accounts under section 253A(b). The report shall also include a determination of whether the budget of the Government is in deficit. ``(d) Sequestration Order.--If the annual report issued at the end of a session of Congress under subsection (c) requires a sequestration, OMB shall prepare and the President shall issue and include in that report a sequestration order that, upon issuance, shall reduce all nonexempt accounts by enough to eliminate the deficit, but no such reduction shall exceed two percent. ``(e) Suspension of Sequestration Procedures.--Upon a determination by OMB that the budget of the Government is not in deficit, the subsequent issuance of any sequestration report or sequestration order is precluded and this section is suspended. ``(f) Restoration of Sequestration Procedures.--Effective with regard to the first fiscal year beginning after OMB determines that the budget of the Government is in deficit, the provisions of subsection (e) are no longer effective and this section is no longer suspended.''. (b) Effective Date.--Notwithstanding section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the expiration date set forth in that section shall not apply to the amendment made by subsection (a). SEC. 3. PASSAGE OF EXEMPTIONS FROM SEQUESTRATIONS TO ACHIEVE A BALANCED BUDGET. Rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new clause: `` Passage of exemptions from sequestrations to achieve a balanced budget ``11. A bill or joint resolution, amendment, or conference report carrying an additional exemption to section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985 may not be considered as passed or agreed to unless so determined by a vote of not less than three-fifths of the Members voting, a quorum being present.''.

STRONG Budget Act of 2010 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require a second, general sequestration within 15 days after the end of any session of Congress if, first, a particular sequestration occurs at that time under the Statutory Pay-As-You-Go Act of 2010. Requires the general sequestration to equal 2% of the budget baseline for the fiscal year beginning on October 1 of the calendar year during which such sequestration occurs. Prohibits such sequestration order from reducing: (1) benefits payable under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act (SSA); (2) annuities payable to certain employees under the Railroad Retirement Act of 1974; (3) benefits payable under any program administered by the Department of Veterans Affairs (VA) or Special Benefits for Certain World War II Veterans (28-0401-0-1-701); (4) benefits payable under SSA title IV part A (Temporary Assistance for Needy Families) (TANF) relating to hospital insurance benefits for the aged and disabled; (5) payments for net interest (all of major functional category 900); and (6) other specified federal retirement and disability accounts. Requires the Office of Management and Budget (OMB), within 14 days after the end of a session, to issue an annual deficit reduction report and, if the report requires a sequestration, to prepare and the President to issue a sequestration order reducing nonexempt accounts by enough to eliminate the deficit. Prohibits such reduction, however, from exceeding 2% of the total amount of such nonexempt accounts. Provides for: (1) suspension of such sequestration procedures if OMB determines that the federal budget is not in deficit; and (2) restoration of such procedures in the first fiscal year after OMB determines there is a deficit. Amends Rule XXI (Restrictions on Certain Bills) of the Rules of the House of Representatives to prohibit legislation carrying an additional exemption to sequestrations under the Gramm-Rudman-Hollings Act (and this Act) from being considered as passed or agreed to unless by a vote of at least three-fifths of the Members.

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to establish a sequestration to reduce all nonexempt programs, projects, and activities by 2 percent each fiscal year in which the Federal budget is in deficit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Belated Thank You to the Merchant Mariners of World War II Act of 2004''. SEC. 2. BENEFITS FOR WORLD WAR II MERCHANT MARINERS AND SURVIVORS. (a) Monthly Benefit.--Chapter 112 of title 46, United States Code, is amended-- (1) by inserting after the table of sections the following new subchapter heading: ``SUBCHAPTER I--VETERANS' BURIAL AND CEMETERY BENEFITS''; and (2) by adding at the end the following new subchapter: ``SUBCHAPTER II--MONTHLY BENEFIT ``Sec. 11205. Monthly benefit ``(a) Payment to Eligible Persons.--The Secretary of Veterans Affairs shall pay to each person eligible for benefits under section 11206 of this title a monthly benefit of $1,000. ``(b) Surviving Spouses of Eligible Persons.-- ``(1) Payment to surviving spouses.--The Secretary of Veterans Affairs shall pay to the surviving spouse of each person eligible for benefits under section 11206 of this title a monthly benefit of $1,000. ``(2) Exclusion.--No benefit under this subsection shall be paid to a surviving spouse of a person eligible for benefits under section 11206 of this title unless such surviving spouse was married to such eligible person for no less than 1 year. ``(c) Children of Eligible Persons.--If there is no surviving spouse entitled to benefits under this section, the Secretary of Veterans Affairs shall pay to the children of each person eligible for benefits under section 11206 of this title a monthly benefit of $1,000, equally divided. ``(d) Exemption From Taxation.--Payments of benefits under this section are exempt from taxation as provided in section 5301(a) of title 38. ``Sec. 11206. Eligibility for benefit ``(a) Eligible Persons.--A person referred to in subsection (b) who has performed qualified service as specified under subsection (c) shall be eligible for benefits under section 11205(a) of this title. ``(b) Covered Persons.--Subsection (a) applies to a person who receives an honorable service certificate under section 11207 of this title. ``(c) Qualified Service.--A person shall be considered to have engaged in qualified service if, between December 7, 1941, and December 31, 1946-- ``(1) the person-- ``(A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was-- ``(i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office); ``(ii) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States; ``(iii) under contract or charter to, or property of, the Government of the United States; and ``(iv) serving the Armed Forces; and ``(B) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service; or ``(2) while performing service under paragraph (1), the person was forcibly detained or interned by an enemy government or hostile force as a result of action against a vessel under paragraph (1)(A). ``Sec. 11207. Documentation of qualified service ``(a) Application for Service Certificate.--A person seeking benefits under section 11205 of this title shall submit an application for a service certificate to the Secretary of Transportation, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Secretary of Defense. ``(b) Issuance of Service Certificate.--The Secretary who receives an application under subsection (a) shall issue a certificate of honorable service to the applicant if, as determined by that Secretary, the person engaged in qualified service under section 11206(c) of this title. ``(c) Timing of Documentation.--A Secretary receiving an application under subsection (a) shall act on the application not later than 1 year after the date of that receipt. ``(d) Standards Relating to Service.--In making a determination under subsection (b), the Secretary acting on the application shall apply the same standards relating to the nature and duration of service that apply to the issuance of honorable discharges under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note). ``Sec. 11208. Definitions ``In this subchapter, the terms `surviving spouse' and `child' have the meanings given those terms in paragraphs (3) and (4), respectively, of section 101 of title 38, except that in applying those meanings in this subchapter, the term `veteran' shall include a person who performed qualified service as specified in section 11206(c) of this title.''. (b) Conforming Amendments.--Subsection (c) of section 11201 of title 46, United States Code, is amended-- (1) in paragraph (1), by striking ``chapter'' and inserting ``subchapter''; and (2) in paragraph (2), by striking ``chapter'' the second place it appears and inserting ``subchapter''. (c) Clerical Amendments.--The table of sections at the beginning of chapter 112 of title 46, United States Code, is amended-- (1) by inserting at the beginning the following new item: ``subchapter i--veterans' burial and cemetery benefits''; and (2) by adding at the end the following new items: ``subchapter ii--monthly benefit ``11205. Monthly benefit. ``11206. Eligibility for benefit. ``11207. Documentation of qualified service. ``11208. Definitions.''. (d) Effective Date.--Section 11205 of title 46, United States Code, as added by subsection (a) of this section, shall take effect with respect to payments for periods beginning on or after the date of the enactment of this Act, regardless of the date of application for benefits. SEC. 3. AUTHORIZATION OF APPROPRIATION. There is authorized to be appropriated to the Department of Veterans Affairs such sums as are necessary to carry out this Act.

Belated Thank You to the Merchant Mariners of World War II Act of 2004 - Directs the Secretary of Veterans Affairs to pay a monthly benefit of $1,000 to certain honorably-discharged veterans of the U.S. Merchant Marine who served between December 7, 1941, and December 31, 1946 (or to their survivors). Includes service in the Army Transport Service and the Naval Transport Service. Exempts benefits paid under this Act from taxation.

To amend title 46, United States Code, to provide a monthly monetary benefit to certain individuals who served in the United States merchant marine (including the Army Transport Service and the Naval Transport Service) during World War II.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Access Improvement Act''. SEC. 2. NONREFUNDABLE CREDIT FOR CERTAIN PRIMARY HEALTH SERVICE PROVIDERS SERVING HEALTH PROFESSIONAL SHORTAGE AREAS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. PRIMARY HEALTH SERVICE PROVIDERS SERVING HEALTH PROFESSIONAL SHORTAGE AREAS. ``(a) Allowance of Credit.--In the case of a qualified primary health service provider, there is allowed as a credit against the tax imposed by this chapter for any taxable year in a mandatory service period an amount equal to the product of-- ``(1) the lesser of-- ``(A) the number of months of such period occurring in such taxable year, or ``(B) 60 months, reduced by the number of months taken into account under this paragraph with respect to such provider for all preceding taxable years (whether or not in the same mandatory service period), multiplied by ``(2) $1,000. ``(b) Qualified Primary Health Service Provider.--For purposes of this section, the term `qualified primary health service provider' means any qualified health provider who for any month during a mandatory service period is certified by the Bureau to be a primary health service provider who-- ``(1) is providing health services described in subsection (c)-- ``(A) full time, and ``(B) to individuals at least 80 percent of whom reside in a health professional shortage area, ``(2) is not receiving during such year a scholarship under the National Health Service Corps Scholarship Program or the Indian health professions scholarship program or a loan repayment under the National Health Service Corps Loan Repayment Program or the Indian Health Service Loan Repayment Program, ``(3) is not fulfilling service obligations under such Programs, and ``(4) has not defaulted on such obligations. ``(c) Health Services Described.--Health services described in this subsection are-- ``(1) basic health services (as described in section 330(b)(1)(A)(i) of the Public Health Service Act), ``(2) qualified psychologist services (as defined in section 1861(ii) of the Social Security Act), and ``(3) clinical social worker services (as defined in section 1861(hh) of the Social Security Act. ``(d) Other Definitions.--For purposes of this section-- ``(1) Qualified health provider.--The term `qualified health provider' means a physician (as defined in section 1861(r) of the Social Security Act), a clinical psychologist (within the meaning of section 1861(ii) of such Act), and a clinical social worker (as defined in section 1861(hh)(1) of such Act). ``(2) Mandatory service period.--The term `mandatory service period' means the period of 60 consecutive calendar months beginning with the first month the taxpayer is a qualified primary health service provider. In the case of an individual who is such a provider on the date of enactment of the Health Care Access Improvement Act, such term means the period of 60 consecutive calendar months beginning with the first month after such date. ``(3) Health professional shortage area.--The term `health professional shortage area' means a health professional shortage area designated under section 332 of the Public Health Service Act. ``(4) Bureau.--The term `Bureau' means the Bureau of Primary Health Care, Health Resources and Services Administration of the Public Health Service. ``(e) Recapture of Credit.-- ``(1) In general.--If, during any taxable year, there is a recapture event, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable percentage, and ``(B) the aggregate unrecaptured credits allowed to such taxpayer under this section for all prior taxable years. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the recapture event occurs during: percentage is: Months 1-24.......................... 100 Months 25-36......................... 75 Months 37-48......................... 50 Months 49-60......................... 25 Months 61 and thereafter............. 0. ``(B) Timing.--For purposes of subparagraph (A), month 1 shall begin on the first day of the mandatory service period. ``(3) Recapture event defined.-- ``(A) In general.--For purposes of this subsection, the term `recapture event' means the failure of the taxpayer to be a qualified primary health service provider for any month during any mandatory service period. ``(B) Cessation of designation.--The cessation of the designation of any area as a rural health professional shortage area after the beginning of the mandatory service period for any taxpayer shall not constitute a recapture event. ``(C) Secretarial waiver.--The Secretary may waive any recapture event caused by extraordinary circumstances. ``(4) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part.''. (b) Clerical Amendment.--The table of sections for subpart A 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 25D the following new item: ``Sec. 25E. Primary health service providers serving health professional shortage areas.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Health Care Access Improvement Act - Amends the Internal Revenue Code to allow a primary health service provider (i.e., a physician, clinical psychologist, or clinical social worker) a tax credit for the value of professional services provided to individuals in a health professional shortage area.

To amend the Internal Revenue Code of 1986 to provide a tax credit to primary health service providers who establish practices in health professional shortage areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Workforce Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has more than 12 million employers and approximately 135 million working adults. (2) The use of effective worksite policies and programs can reduce health risks and improve the quality of life for the 135 million full-time and part-time workers in the United States. (3) Workers spend more than one-third of their day on the job and, as a result, employers are in a unique position to promote the health and safety of their employees. (4) Chronic diseases such as heart disease, stroke, cancer, obesity, and diabetes are among the most prevalent and costly worker health problems for most employers. (5) The use by employers of effective worksite policies and programs can reduce health risks and improve the quality of life for their employees. (6) The good health of workers is good for business because healthier workers miss less work, are more productive, and have lower health care costs. SEC. 3. TAX CREDIT TO EMPLOYERS FOR COSTS OF IMPLEMENTING WELLNESS PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45O. WELLNESS PROGRAM CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--For purposes of section 38, the wellness program credit determined under this section for any taxable year during the credit period with respect to an employer is an amount equal to 50 percent of the costs paid or incurred by the employer in connection with a qualified wellness program during the taxable year. ``(2) Limitation.--The amount of credit allowed under paragraph (1) for any taxable year shall not exceed the sum of-- ``(A) the product of $200 and the number of employees of the employer not in excess of 200 employees, plus ``(B) the product of $100 and the number of employees of the employer in excess of 200 employees. ``(b) Qualified Wellness Program.--For purposes of this section-- ``(1) Qualified wellness program.--The term `qualified wellness program' means a program which-- ``(A) consists of any 3 of the wellness program components described in subsection (c), and ``(B) which is certified by the Secretary of Health and Human Services, in coordination with the Director of the Center for Disease Control and Prevention, as a qualified wellness program under this section. ``(2) Programs must be consistent with research and best practices.-- ``(A) In general.--The Secretary of Health and Human Services shall not certify a program as a qualified wellness program unless the program-- ``(i) is consistent with evidence-based research and best practices, as identified by persons with expertise in employer health promotion and wellness programs, ``(ii) includes multiple, evidence-based strategies which are based on the existing and emerging research and careful scientific reviews, including the Guide to Community Preventive Services, the Guide to Clinical Preventive Services, and the National Registry for Effective Programs, and ``(iii) includes strategies which focus on employee populations with a disproportionate burden of health problems. ``(B) Periodic updating and review.--The Secretary of Health and Human Services shall establish procedures for periodic review of programs under this subsection. Such procedures shall require revisions of programs if necessary to ensure compliance with the requirements of this section and require updating of the programs to the extent the Secretary, in coordination with the Director of the Centers for Disease Control and Prevention, determines necessary to reflect new scientific findings. ``(3) Health literacy.--The Secretary of Health and Human Services shall, as part of the certification process, encourage employees to make the programs culturally competent and to meet the health literacy needs of the employees covered by the programs. ``(c) Wellness Program Components.--For purposes of this section, the wellness program components described in this subsection are the following: ``(1) Health awareness component.--A health awareness component which provides for the following: ``(A) Health education.--The dissemination of health information which addresses the specific needs and health risks of employees. ``(B) Health screenings.--The opportunity for periodic screenings for health problems and referrals for appropriate follow up measures. ``(2) Employee engagement component.--An employee engagement component which provides for-- ``(A) the establishment of a committee to actively engage employees in worksite wellness programs through worksite assessments and program planning, delivery, evaluation, and improvement efforts, and ``(B) the tracking of employee participation. ``(3) Behavioral change component.--A behavioral change component which provides for altering employee lifestyles to encourage healthy living through counseling, seminars, on-line programs, or self-help materials which provide technical assistance and problem solving skills. Such component may include programs relating to-- ``(A) tobacco use, ``(B) obesity, ``(C) stress management, ``(D) physical fitness, ``(E) nutrition, ``(F) substance abuse, ``(G) depression, and ``(H) mental health promotion (including anxiety). ``(4) Supportive environment component.--A supportive environment component which includes the following: ``(A) On-site policies.--Policies and services at the worksite which promote a healthy lifestyle, including policies relating to-- ``(i) tobacco use at the worksite, ``(ii) the nutrition of food available at the worksite through cafeterias and vending options, ``(iii) minimizing stress and promoting positive mental health in the workplace, ``(iv) where applicable, accessible and attractive stairs, and ``(v) the encouragement of physical activity before, during, and after work hours. ``(B) Participation incentives.-- ``(i) In general.--Qualified incentive benefits for each employee who participates in the health screenings described in paragraph (1)(B) or the behavioral change programs described in paragraph (3). ``(ii) Qualified incentive benefit.--For purposes of clause (i), the term `qualified incentive benefit' means any benefit which is approved by the Secretary of Health and Human Services, in coordination with the Director of the Centers for Disease Control and Prevention. Such benefit may include an adjustment in health insurance premiums or co-pays. ``(C) Employee input.--The opportunity for employees to participate in the management of any qualified wellness program to which this section applies. ``(d) Participation Requirement.-- ``(1) In general.--No credit shall be allowed under subsection (a) unless the Secretary of Health and Human Services, in coordination with the Director of the Centers for Disease Control and Prevention, certifies, as a part of any certification described in subsection (b), that each wellness program component of the qualified wellness program applies to all qualified employees of the employer. The Secretary of Health and Human Services shall prescribe rules under which an employer shall not be treated as failing to meet the requirements of this subsection merely because the employer provides specialized programs for employees with specific health needs or unusual employment requirements or provides a pilot program to test new wellness strategies. ``(2) Qualified employee.--For purposes of paragraph (1), the term `qualified employee' means an employee who works an average of not less than 25 hours per week during the taxable year. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Employee and employer.-- ``(A) Partners and partnerships.--The term `employee' includes a partner and the term `employer' includes a partnership. ``(B) Certain rules to apply.--Rules similar to the rules of section 52 shall apply. ``(2) Certain costs not included.--Costs paid or incurred by an employer for food or health insurance shall not be taken into account under subsection (a). ``(3) No credit where grant awarded.--No credit shall be allowable under subsection (a) with respect to any qualified wellness program of any taxpayer (other than an eligible employer described in subsection (f)(2)(A)) who receives a grant provided by the United States, a State, or a political subdivision of a State for use in connection with such program. The Secretary shall prescribe rules providing for the waiver of this paragraph with respect to any grant which does not constitute a significant portion of the funding for the qualified wellness program. ``(4) Credit period.-- ``(A) In general.--The term `credit period' means the period of 10 consecutive taxable years beginning with the taxable year in which the qualified wellness program is first certified under this section. ``(B) Special rule for existing programs.--In the case of an employer (or predecessor) which operates a wellness program for its employees on the date of the enactment of this section, subparagraph (A) shall be applied by substituting `3 consecutive taxable years' for `10 consecutive taxable years'. The Secretary shall prescribe rules under which this subsection shall not apply if an employer is required to make substantial modifications in the existing wellness program in order to qualify such program for certification as a qualified wellness program. ``(C) Controlled groups.--For purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(f) Portion of Credit Made Refundable.-- ``(1) In general.--In the case of an eligible employer of an employee, the aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 38(c), or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection) would increase if the limitation imposed by section 38(c) for any taxable year were increased by the amount of employer payroll taxes imposed on the taxpayer during the calendar year in which the taxable year begins. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of the credit otherwise allowable under subsection (a) without regard to section 38(c). ``(2) Eligible employer.--For purposes of this subsection, the term `eligible employer' means an employer which is-- ``(A) a State or political subdivision thereof, the District of Columbia, a possession of the United States, or an agency or instrumentality of any of the foregoing, or ``(B) any organization described in section 501(c) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code. ``(3) Employer payroll taxes.--For purposes of this subsection-- ``(A) In general.--The term `employer payroll taxes' means the taxes imposed by-- ``(i) section 3111(b), and ``(ii) sections 3211(a) and 3221(a) (determined at a rate equal to the rate under section 3111(b)). ``(B) Special rule.--A rule similar to the rule of section 24(d)(2)(C) shall apply for purposes of subparagraph (A). ``(g) Termination.--This section shall not apply to any amount paid or incurred after December 31, 2017.''. (b) Treatment as General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following: ``(32) the wellness program credit determined under section 45O.''. (c) Denial of Double Benefit.--Section 280C of the Internal Revenue Code of 1986 (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(f) Wellness Program Credit.-- ``(1) In general.--No deduction shall be allowed for that portion of the costs paid or incurred for a qualified wellness program (within the meaning of section 45O) allowable as a deduction for the taxable year which is equal to the amount of the credit allowable for the taxable year under section 45O. ``(2) Similar rule where taxpayer capitalizes rather than deducts expenses.--If-- ``(A) the amount of the credit determined for the taxable year under section 45O, exceeds ``(B) the amount allowable as a deduction for such taxable year for a qualified wellness program, the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess. ``(3) Controlled groups.--In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 41(f)(5)) or a trade or business which is treated as being under common control with other trades or business (within the meaning of section 41(f)(1)(B)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subparagraphs (A) and (B) of section 41(f)(1).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45O. Wellness program credit.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. (f) Outreach.-- (1) In general.--The Secretary of the Treasury, in conjunction with the Director of the Centers for Disease Control and members of the business community, shall institute an outreach program to inform businesses about the availability of the wellness program credit under section 45O of the Internal Revenue Code of 1986 as well as to educate businesses on how to develop programs according to recognized and promising practices and on how to measure the success of implemented programs. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the outreach program described in paragraph (1).

Healthy Workforce Act of 2007 - Amends the Internal Revenue Code to allow employers a 50% tax credit for the costs of providing employees with a qualified wellness program. Defines "qualified wellness program" as a program that is certified by the Secretary of Health and Human Services and that consists of a health awareness and education component, a behavioral change component, and a supportive environment component. Terminates such credit after 2017. Requires the Secretary of the Treasury to institute an outreach program to inform businesses about the availability of such wellness program tax credit.

To amend the Internal Revenue Code of 1986 to provide a tax credit to employers for the costs of implementing wellness programs, and for other purposes.

SECTION 1. SHORT TITLE AND FINDINGS. (a) Short Title.--This Act may be cited as the ``Federal Lands Restoration, Enhancement, Public Education, and Information Resources Act of 2005''. (b) Findings.--Congress finds the following: (1) Violations of laws and regulations applicable to the use of Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture often result in damages to those lands that require expenditures for restoration activities to mitigate the damages. (2) Increased public information and education regarding the laws and regulations applicable to the use of these Federal lands can help to reduce the frequency of unintentional violations. (3) It is appropriate that fines and other monetary penalties paid as a result of violations of laws and regulations applicable to the use of these Federal lands be used to defray the costs of such restoration activities and to provide such public information and education. SEC. 2. USE OF FINES FROM VIOLATIONS OF LAWS AND REGULATIONS APPLICABLE TO PUBLIC LANDS FOR RESTORATION AND INFORMATIONAL ACTIVITIES. (a) Lands Under Jurisdiction of Bureau of Land Management.--Section 305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1735), is amended by adding at the end the following new subsection: ``(d) Use of Collected Fines.-- ``(1) Availability and authorized use.--Any moneys received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of a regulation prescribed under section 303(a) shall be available to the Secretary, without further appropriation and until expended, for the following purposes: ``(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the public lands rendered necessary by the action which led to the fine or by similar actions. ``(B) To increase public awareness of regulations and other requirements regarding the use of the public lands. ``(2) Treatment of excess funds.--Moneys referred to in paragraph (1) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).''. (b) National Park System Lands.--Section 3 of the National Park Service Organic Act (16 U.S.C. 3), is amended-- (1) by striking ``That the Secretary'' the first place it appears and inserting ``(a) Regulations for Use and Management of National Park System; Enforcement.--The Secretary''; (2) by striking ``He may also'' the first place it appears and inserting the following: ``(b) Special Management Authorities.--The Secretary of the Interior may''; (3) by striking ``He may also'' the second place it appears and inserting ``The Secretary may''; (4) by striking ``No natural,'' and inserting the following: ``(c) Lease and Permit Authorities.--No natural''; and (5) by adding at the end the following new subsection: ``(d) Use of Collected Fines.-- ``(1) Availability and authorized use.--Any moneys received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of a rule or regulation prescribed under this section shall be available to the Secretary of the Interior, without further appropriation and until expended, for the following purposes: ``(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the National Park System lands rendered necessary by the action which led to the fine or by similar actions. ``(B) To increase public awareness of rules, regulations, and other requirements regarding the use of such lands. ``(2) Treatment of excess funds.--Moneys referred to in paragraph (1) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).''. (c) National Wildlife Refuge System Lands.--Subsection (f) of section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd) is amended by adding at the end the following new paragraphs: ``(3) Use of collected fines.--Any moneys received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of this Act or a regulation issued thereunder shall be available to the Secretary, without further appropriation and until expended, for the following purposes: ``(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the System lands rendered necessary by the action which led to the fine or by similar actions. ``(B) To increase public awareness of rules, regulations, and other requirements regarding the use of System lands. ``(4) Treatment of excess funds.--Moneys referred to in paragraph (3) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).''. (d) National Forest System Lands.--The eleventh undesignated paragraph under the heading ``surveying the public lands'' of the Act of June 4, 1897 (16 U.S.C. 551), is amended---- (1) by inserting before the first sentence the following: ``SEC. 551. PROTECTION OF NATIONAL FOREST SYSTEM LANDS; REGULATIONS. ``(a) Regulations for Use and Protection of National Forest System.--''; (2) by striking ``destruction; and any violation'' and inserting the following: ``destruction. ``(b) Violations; Penalties.--Any violation''; and (3) by adding at the end the following new subsection: ``(c) Use of Collected Fines.-- ``(1) Availability and authorized use.--Any moneys received by the United States as a result of a collateral payment in lieu of appearance or a fine imposed under section 3571 of title 18, United States Code, for a violation of a regulation issued under subsection (a) shall be available to the Secretary of Agriculture, without further appropriation and until expended, for the following purposes: ``(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on National Forest System lands rendered necessary by the action which led to the fine or payment. ``(B) To increase public awareness of rules, regulations, and other requirements regarding the use of such lands. ``(2) Treatment of excess funds.--Moneys referred to in paragraph (1) that the Secretary of Agriculture determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).''.

Federal Lands Restoration, Enhancement, Public Education, and Information Resources Act of 2005 - Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, the National Wildlife Refuge System Administration Act of 1966, and Federal law relating to National Forest System Lands, to make available any moneys received from fines or any moneys received from collateral payments in lieu of appearance for violations of rules and regulations applicable to Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for certain restoration and public informational activities on such lands. Transfers any such excess funds to the Crime Victims Fund established under the Victims of Crime Act of 1984.

To provide a source of funds to carry out restoration activities on Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, and for other purposes.

SECTION 1. INDEXING OF CAPITAL ASSETS. (a) In General.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basis rules of general application) is amended by inserting after section 1021 the following new section: ``SEC. 1022. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ``(a) In General.-- ``(1) Indexed basis substituted for adjusted basis.--Except as otherwise provided in this section, if an indexed asset which the taxpayer has held for 1 year or longer is sold or otherwise disposed of, for purposes of this title the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Exception for depreciation, etc.--The deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(b) Indexed Asset.--For purposes of this section, the term `indexed asset' means-- ``(1) stock in a corporation, ``(2) bonds, ``(3) tangible property which is property used in the trade or business (as defined in section 1231(b)), ``(4) land held in connection with a trade or business (other than property described in section 1231(b)(1)(B)), and ``(5) the principal residence (within the meaning of section 1034) of the taxpayer. ``(c) Indexed Basis.--For purposes of this section-- ``(1) In general.--The indexed basis of any asset is-- ``(A) the adjusted basis of the asset, increased by ``(B) the applicable inflation adjustment. ``(2) Applicable inflation adjustment.--The applicable inflation adjustment for any asset is an amount equal to-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the percentage (if any) by which-- ``(i) the gross domestic product deflator for the calendar year in which the asset is disposed of, exceeds ``(ii) the gross domestic product deflator for the calendar year in which the asset was acquired by the taxpayer (or, if later, for 1986). The percentage under subparagraph (B) shall be rounded to the nearest \1/10\ of 1 percent. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar year is the implicit price deflator for the gross domestic product for such year (as shown in the first revision thereof). ``(d) Not an Indexed Asset and Holding Period Restarted If Diminished Risk of Loss.--If the taxpayer (or a related person) enters into any transaction which substantially reduces the risk of loss from holding any asset-- ``(1) such asset shall not be treated as an indexed asset for the period of such reduced risk, and ``(2) for purposes of determining whether the 1-year holding requirement of subsection (a) has been met, the taxpayer shall be treated as first acquiring the asset on the day after the last day of such period. ``(e) Pass-Thru Entities.-- ``(1) Partnerships.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(2) Subchapter s corporations.--In the case of an S corporation, the adjustment under subsection (a) at the corporate level shall be passed through to the shareholders. ``(3) Common trust funds.--In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. ``(4) Regulated investment companies and real estate investment trusts.-- ``(A) In general.--Stock in a qualified investment entity shall be an indexed asset for any calendar month in the same ratio as the fair market value of the assets held by such entity at the close of such month which are indexed assets bears to the fair market value of all assets of such entity at the close of such month. ``(B) Ratio of 90 percent or more.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 90 percent or more, such ratio for such month shall be 100 percent. ``(C) Ratio of 10 percent or less.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 10 percent or less, such ratio for such month shall be zero. ``(D) Valuation of assets in case of real estate investment trusts.--Nothing in this paragraph shall require a real estate investment trust to value its assets more frequently than once each 36 months (except where such trust ceases to exist). The ratio under subparagraph (A) for any calendar month for which there is no valuation shall be the trustee's good faith judgment as to such valuation. ``(E) Qualified investment entity.--For purposes of this paragraph, the term `qualified investment entity' means-- ``(i) a regulated investment company (within the meaning of section 851), and ``(ii) a real estate investment trust (within the meaning of section 856). ``(f) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Related persons defined.--For purposes of this section, the term `related persons' means-- ``(A) persons bearing a relationship set forth in section 267(b), and ``(B) persons treated as single employer under subsection (b) or (c) of section 414. ``(g) Additions to Basis By Means of Improvements or Contributions to Capital.--If there is an addition to the adjusted basis of any tangible property or of any stock in a corporation during the taxable year by reason of an improvement to such property or a contribution to capital of such corporation, and the aggregate amount of such addition during the taxable year with respect to such property or stock is $10,000 or more, such addition shall be treated as a separate asset acquired at the close of such taxable year. ``(h) Section Cannot Increase Ordinary Loss.--To the extent that (but for this subsection) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. ``(i) Special Rules.-- ``(1) Assets which are not indexed assets throughout holding period.--The applicable inflation ratio shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(2) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(3) Acquisition date where prior application of subsection (a)(1) with respect to such asset of taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. ``(4) Collapsible corporations.--The application of section 341(a) (relating to collapsible corporations) shall be determined without regard to this section. ``(j) Transfers To Increase Indexing Adjustment or Depreciation Allowance.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is-- ``(1) to secure or increase an adjustment under subsection (a), or ``(2) to increase (by reason of an adjustment under subsection (a)) a deduction for depreciation, depletion, or amortization, the Secretary may disallow part or all of such adjustment or increase.'' (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 is amended by inserting after the item relating to section 1021 the following new item: ``Sec. 1022. Indexing of certain assets for purposes of determining gain or loss.'' (c) Effective Date.--The amendments made by this section shall apply to dispositions of property after the date of the enactment of this Act. SEC. 2. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. (a) In General.--Section 121 of the Internal Revenue Code of 1986 (relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55) is amended to read as follows: ``SEC. 121. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. ``(a) Exclusion.--Gross income shall not include gain from the sale or exchange of property which has been owned and used by the taxpayer as the taxpayer's principal residence. ``(b) Limitation.--The amount of gain excluded under subsection (a) with respect to any sale or exchange shall not exceed $250,000 ($500,000 in the case of a joint return). ``(c) Special Rules.-- ``(1) Property held jointly by husband and wife.--For purposes of this section, if-- ``(A) property is held by a husband and wife as joint tenants, tenants by the entirety, or community property, ``(B) such husband and wife make a joint return under section 6013 for the taxable year of the sale or exchange, and ``(C) one spouse satisfies the holding and use requirements of subsection (a) with respect to such property, then both husband and wife shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(2) Property of deceased spouse.--For purposes of this section, in the case of an unmarried individual whose spouse is deceased on the date of the sale or exchange of property, if the deceased spouse satisfied the holding and use requirements of subsection (a) with respect to such property then such individual shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(3) Tenant-stockholder in cooperative housing corporation.--For purposes of this section, if the taxpayer holds stock as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), then-- ``(A) the holding requirements of subsection (a) shall be applied to the holding of such stock, and ``(B) the use requirements of subsection (a) shall be applied to the house or apartment which the taxpayer was entitled to occupy as such stockholder. ``(4) Involuntary conversions.--For purposes of this section, the destruction, theft, seizure, requisition, or condemnation of property shall be treated as the sale of such property. ``(5) Property used in part as principal residence.--In the case of property only a portion of which has been owned and used by the taxpayer as his principal residence, this section shall apply with respect to so much of the gain from the sale or exchange of such property as is determined, under regulations prescribed by the Secretary, to be attributable to the portion of the property so owned and used by the taxpayer. ``(6) Determination of marital status.--In the case of any sale or exchange, for purposes of this section-- ``(A) the determination of whether an individual is married shall be made as of the date of the sale or exchange; and ``(B) an individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(7) Application of sections 1033 and 1034.--In applying sections 1033 (relating to involuntary conversions) and 1034 (relating to sale or exchange of residence), the amount realized from the sale or exchange of property shall be treated as being the amount determined without regard to this section, reduced by the amount of gain not included in gross income pursuant to an election under this section. ``(8) Property acquired after involuntary conversion.--If the basis of the property sold or exchanged is determined (in whole or in part) under subsection (b) of section 1033 (relating to basis of property acquired through involuntary conversion), then the holding and use by the taxpayer of the converted property shall be treated as holding and use by the taxpayer of the property sold or exchanged. ``(9) Determination of use during periods of out-of- residence care.--In the case of a taxpayer who-- ``(A) becomes physically or mentally incapable of self-care, and ``(B) owns property and has previously used such property as the taxpayer's principal residence, then the taxpayer shall be treated as using such property as the taxpayer's principal residence during any time in which the taxpayer owns the property and resides in any facility (including a nursing home) licensed by a State or political subdivision to care for an individual in the taxpayer's condition. ``(d) Election To Have Section Not Apply.--This section shall not apply to any sale or exchange with respect to which the taxpayer elects not to have this section apply.'' (b) Clerical and Conforming Amendments.-- (1) Paragraph (3) of section 1033(k) of such Code is amended to read as follows: ``(3) For exclusion from gross income of gain from involuntary conversion of principal residence, see section 121.'' (2) Subparagraph (A) of section 1038(e)(1) of such Code is amended to read as follows: ``(A) section 121 (relating to exclusion of gain from sale or exchange of principal residence) applies, or''. (3) Subparagraph (B) of section 1250(d)(7) of such Code is amended by striking ``age and'' and by striking the parenthetical and inserting the following: ``(relating to exclusion of gain from sale of principal residence)''. (4) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 121 and inserting the following new item: ``Sec. 121. Exclusion of gain from sale of principal residence.'' (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges after the date of the enactment of this Act.

Amends the Internal Revenue Code to require that an inflation indexed basis rather than an adjusted basis be used to determine gain or loss in the disposition of the following assets held at least one year: (1) corporate stock; (2) bonds; (3) tangible property used in, or land held in connection with, a business or trade; and (4) a principal residence. Replaces the existing one-time "55 years or older" exclusion of $125,000 of gain from the sale of a principal residence with an exclusion of $250,000 ($500,000 in the case of a joint return) from the sale of a principal residence (eliminating age and one-time provisions).

To amend the Internal Revenue Code of 1986 to allow indexing of capital assets for purposes of determining gain or loss and to allow an exclusion of gain from the sale of a principal residence.

SECTION 1. SENSE OF THE CONGRESS; FINDINGS; PURPOSE. (a) Sense of Congress.--It is the sense of the Congress that-- (1) public-private partnerships between government and community-based organizations offer an opportunity to-- (A) empower distressed and disconnected communities to develop their own resources and abilities in order to meet the needs of children; and (B) forge innovative solutions to the challenges confronting the development of the children in such communities; and (2) increased resources should be invested in public- private partnerships. (b) Findings.--The Congress finds that-- (1) because of the increased difficulty of supporting families on a single wage and the growth of single parent families, parents have less time to devote to the supervision, education, and nurturing of their children; (2) the lack of supervision and meaningful activity after school contributes to the spread of gang violence, drug trafficking, and lack of hope among children in our Nation; (3) the problems described in paragraphs (1) and (2) and crimes, although widespread, are particularly acute in communities where there is a concentration of low-income housing; (4) the community has a responsibility for developing our Nation's children into productive adults; (5) because of their centrality, public schools are among the best facilities for providing needed space and support services that expand traditional uses of schools; (6) schools are most effective when the people of the community are involved in activities designed to fulfill the needs of children in the community; and (7) homes, community centers, recreational facilities and other places where children gather, have a significant impact on children. (c) Purpose.--It is the purpose of this Act-- (1) to set forth the vision and plan for a nationwide restructuring of the way communities engage in the nurturing and development of children, especially children living and growing up in urban neighborhoods throughout the Nation; (2) to provide (in collaboration with other public, private and nonprofit organizations and agencies) curriculum-based educational, recreational, cultural, health, social, and other related community and human services; and (3) to test the effects of assisting communities located within economically distressed areas to develop and conduct programs that will increase the academic success of students and improve work force readiness. SEC. 2. COMMUNITY SCHOOLS DEMONSTRATION PROGRAM. (a) Eligible Activity.--Section 5124 of the Public and Assisted Housing Drug Elimination Act of 1990 (42 U.S.C. 11903) is amended by adding at the end the following new subsection: ``(c) Community Schools.--Notwithstanding any other provision of this chapter, grants under this chapter may be used for community schools demonstration programs described in chapter 4.''. (b) Program Established.--Subtitle C of title V of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et seq.) is amended by adding at the end the following new chapter: ``CHAPTER 4--COMMUNITY SCHOOLS DEMONSTRATION PROGRAM ``SEC. 5148. COMMUNITY SCHOOLS DEMONSTRATION PROGRAM. ``(a) Short Title.--This chapter may be cited as the `Community Schools Demonstration Program Act of 1993'. ``(b) Program Authority.--The Secretary is authorized to award not more than 10 demonstration grants in accordance with this section to community-based organizations to enable such organizations to assist eligible communities located within economically distressed areas to develop and conduct programs that will increase the academic success of students and improve work force readiness. ``(c) Program Requirements.--Each program assisted under this section shall-- ``(1) provide services and activities to children in the eligible community, including curriculum-based supervised educational, recreational, work force preparation, entrepreneurship, cultural, health, social activities, and other related community and human services; and ``(2) coordinate the delivery of social services to the children in such eligible community in order to meet the needs and preferences of such children. ``(d) Peer Review Panel.-- ``(1) Establishment.--The Secretary, in consultation with the Secretaries of Education, Labor and Health and Human Services, shall establish a peer review panel which shall be comprised of individuals with demonstrated experience in designing and implementing community-based programs. ``(2) Composition.--Such panel shall include at least 1 representative from each of the following entities: ``(A) A community-based organization. ``(B) A local government. ``(C) A school district. ``(D) The private sector. ``(E) A philanthropic organization. ``(3) Functions.--Such panel shall conduct the initial review of all grant applications received by the Secretary under subsection (g), make recommendations to the Secretary regarding grant funding under this section, and recommend a design for the evaluation of programs assisted under this section. ``(e) Eligible Community Identification.--Each community-based organization receiving a grant under this section shall identify an eligible community to be assisted under this section. Such eligible community shall be an area-- ``(1) of poverty, unemployment, and general distress; and ``(2) located in a metropolitan statistical area in which the unemployment rate exceeds by more than 1.5 percent the national unemployment rate. ``(f) Definition.--For the purpose of this section-- ``(1) the term `community-based organization' means a private, locally initiated nonprofit community-based organization which-- ``(A) is tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) is organized for educational and charitable purposes; and ``(C) is governed by a board consisting of residents of the community, and business and civic leaders actively involved in providing employment and business development opportunities in the eligible community; ``(2) the term `eligible community' means an area identified pursuant to subsection (d); and ``(3) the term `Secretary', unless otherwise specified, means the Secretary of Housing and Urban Development. ``(g) Applications.-- ``(1) Application required.--Each community-based organization desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. ``(2) Contents of application.--Each application submitted pursuant to paragraph (1) shall-- ``(A) describe the activities and services for which assistance is sought; ``(B) contain an assurance that the community-based organization will spend grant funds under this section in a manner that the community-based organization determines will best accomplish the purposes of this section; ``(C) contain a comprehensive plan designed to achieve identifiable goals for children in the eligible community; ``(D) set forth measurable goals and outcomes that will make the public school, where possible, the focal point of the eligible community, which goals and outcomes may include increasing graduation rates, school attendance, and academic success in the eligible community and improving the skills of program participants; ``(E) provide evidence of support for accomplishing such goals and outcomes of the program from-- ``(i) community leaders; ``(ii) businesses; ``(iii) a school district; ``(iv) local officials; ``(v) State officials; and ``(vi) other organizations that the community-based organization deems appropriate; ``(F) contain an assurance that the community-based organization will use grant funds under this section to provide children in the eligible community with after school activities and services that include curriculum- based supervised educational, recreational, work force preparation, entrepreneurship, cultural, health, social activities, and other related community and human services; ``(G) contain a list of the activities and services that will be offered and sponsored by private nonprofit organizations, individuals, and groups serving the eligible community, including-- ``(i) recreational activities in addition to educational programs (such as computer, mathematics, and science and technology, and language skills programs); and ``(ii) activities that address specific needs in the community; ``(H) demonstrate how the community-based organization will make use of the resources, expertise, and commitment of private entities; ``(I) include an estimate of the number of children in the eligible community expected to be served pursuant to the program; ``(J) include a description of philanthropic private and all other resources that will be made available to achieve the goals of the program; and ``(K) contain an assurance that the community-based organization will use competitive procedures when purchasing, contracting or otherwise providing for goods, activities or services under this section. ``(h) Payments; Federal Share; Non-Federal Share.-- ``(1) Payments; federal share; non-federal share.-- ``(A) Payments.--The Secretary shall pay to each community-based organization having an application approved under subsection (g) the Federal share of the costs of the activities and services described in the application. ``(B) Federal share.--The Federal share of payments under this section shall be 65 percent. ``(C) Non-federal share.-- ``(i) In general.--The non-Federal share of payments under this section may be in cash or in kind, fairly evaluated. ``(ii) Special rule.--At least 15 percent of the non-Federal share of payments under this section shall be provided from private or nonprofit sources. ``(i) Evaluation.--The Secretary shall conduct a thorough evaluation of the programs assisted under this section. Such evaluation shall include an assessment of-- ``(1) the number of children participating in each program assisted under this section; ``(2) the academic achievement of such children; ``(3) school attendance and graduation rates of such children; and ``(4) the number of such children being processed by the juvenile justice system. ``(j) Authorization of Appropriations.--There are authorized to be appropriated $15,000,000 for each of the fiscal years 1994, 1995, 1996, 1997 and 1998 to carry out this section.''.

Expresses the sense of the Congress that increased resources should be invested in public-private partnerships between government and community-based organizations to: (1) empower distressed and disconnected communities to develop their own resources and abilities to meet the needs of children; and (2) forge innovative solutions to challenges confronting children's development in such communities. Amends the Public and Assisted Housing Drug Elimination Act of 1990 to allow certain grants to be issued for community schools demonstration programs. Community Schools Demonstration Program Act of 1993 - Amends the Anti-Drug Abuse Act of 1988 to establish the community schools demonstration program. Authorizes the Secretary of Housing and Urban Development to award up to ten demonstration grants to community-based organizations to assist eligible communities located within economically distressed areas to develop and conduct programs to increase students' academic success and improve work force readiness. Requires peer review panels, non-Federal share (including some private or nonprofit sources), and evaluation. Authorizes appropriations.

Community Schools Demonstration Program Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal District Court of American Samoa Act of 2006''. SEC. 2. FEDERAL DISTRICT COURT FOR AMERICAN SAMOA. (a) Establishment.--There is established for and within American Samoa a court of record to be known as the Federal District Court of American Samoa. Terms of court shall be held on Tutuila and at such other places in American Samoa and at such times as the court may designate by rule or order. (b) Jurisdiction of the Federal District Court.--The jurisdiction of the Federal District Court of American Samoa shall, to the extent that the Constitution and laws of the United States apply to American Samoa, be limited to the jurisdiction of a district court of the United States and that of a bankruptcy court of the United States, except that-- (1) the Federal District Court shall in no case have jurisdiction of a case or proceeding that puts in issue the tenure to any communal lands located in American Samoa, or any matter pertaining to the adjudication of traditional chieftain or matai titles; and (2) the Federal District Court and the High Court of American Samoa shall have concurrent jurisdiction over cases involving the interpretation of-- (A) the 1900 Treaty or Deed of Cession between the Islands of Tutuila and Aunu'u and the United States, and the 1904 Treaty or Deed of Cession between Manu'a Islands and the United States; and (B) the 1967 Revised Constitution of American Samoa, and any amendments thereto. (c) Relationship Between Courts of United States and Courts of American Samoa.--The relations between the courts established by the Constitution or laws of the United States and the courts of American Samoa with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings. SEC. 3. APPOINTMENT OF JUDGE, U.S. ATTORNEY, AND U.S. MARSHAL. (a) Appointment of Judge.--The President shall, by and with the advice and consent of the Senate, appoint a judge for the Federal District Court of American Samoa, who shall hold office for the term of 10 years and until his or her successor is chosen and qualified, unless sooner removed by the President for cause. The judge shall receive a salary payable by the United States which shall be at the rate prescribed for judges of the United States district courts. (b) Temporary Assignments.--The Chief Judge of the Ninth Judicial Circuit of the United States may assign a judge of a local court of record in American Samoa, a circuit or district judge of the ninth judicial circuit, or a recalled senior judge of the United States District Court for the District of Hawaii, or the Chief Justice of the United States may assign any other United States circuit or district judge, with the consent of the judge so assigned and of the chief judge of that circuit, to serve temporarily as a judge in the Federal District Court of American Samoa whenever such an assignment is for the proper conduct, administration, and necessary business of the court. (c) U.S. Attorney and U.S. Marshal.--The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and United States marshal for American Samoa to whose offices the provisions of chapters 35 and 37 of title 28, United States Code, respectively, shall apply. SEC. 4. RULES OF PRACTICE AND PROCEDURE. Where appropriate, the rules of practice and procedure promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28, United States Code, shall apply to the Federal District Court of American Samoa and appeals therefrom; except that the terms ``Attorney for the government'' and ``United States Attorney,'' as used in the Federal Rules of Criminal Procedure, shall, when applicable, include the Attorney General of American Samoa or such other person or persons as may be authorized by the laws of American Samoa to act therein. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. (a) Appeals.--The item relating to the Ninth Circuit in the table contained in section 41 of title 28, United States Code, is amended by inserting ``American Samoa,'' after ``Guam,''. (b) Retirement and Survivors' Annuities.-- (1) Retirement.--Section 373 of title 28, United States Code, is amended in subsections (a) and (e) by inserting ``, the Federal District Court of American Samoa,'' after ``the District Court of Guam,''. (2) Survivors' annuities.--Section 376(a) of title 28, United States Code, is amended in paragraphs (1)(B) and (2)(B) by inserting ``the Federal District Court of American Samoa,'' after ``the District Court of Guam,''. (c) U.S. Trustee.--Section 581(a)(15) of title 28, United States Code, is amended by inserting ``, American Samoa,'' after ``Guam''. (d) Courts Defined.--Section 610 of title 28, United States Code, is amended by striking ``the United States District Court for the District of the Canal Zone'' and inserting ``the Federal District Court of American Samoa''. (e) Magistrate Judges.--Section 631(a) of title 28, United States Code, is amended-- (1) in the first sentence, by inserting ``, the Federal District Court of American Samoa,'' after ``United States district court''; and (2) in the second sentence, by inserting ``American Samoa,'' after ``Guam,''. (f) Court Reporters.--The first paragraph of section 753(a) of title 28, United States Code, is amended-- (1) by striking ``the United States District Court for the District of the Canal Zone,''; and (2) by inserting ``the Federal District Court of American Samoa,'' after ``the District Court of Guam,''. (g) Courts of Appeals.--Section 1291 of title 28, United States Code, is amended-- (1) by striking ``, the United States District Court for the District of the Canal Zone,''; and (2) by inserting ``the Federal District Court of American Samoa,'' after ``the District Court of Guam,''. (h) Interlocutory Decisions.--Section 1292 of title 28, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking ``the United States District Court for the District of the Canal Zone,''; and (B) by inserting ``the Federal District Court of American Samoa,'' after ``the District Court of Guam,''; and (2) in subsection (d)(4)(A), by inserting ``the Federal District Court of American Samoa,'' after ``the District Court of Guam,''. (i) Circuits in Which Decisions Reviewable.--Section 1294 of title 28, United States Code, is amended-- (1) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (2) in paragraph (3), as so redesignated, by inserting ``or the Federal District Court of American Samoa'' after ``Guam''. (j) Court of Appeals for the Federal Circuit.--Section 1295(a) of title 28, United States Code, is amended in paragraphs (1) and (2)-- (1) by striking ``the United States District Court for the District of the Canal Zone''; and (2) by inserting ``the Federal District Court of American Samoa,'' after ``the District Court of Guam,''. (k) Representation of Certain Defendants.--Section 3006A(j) of title 18, United States Code, is amended by inserting ``the Federal District Court of American Samoa,'' after ``the District Court of the Northern Mariana Islands,''. SEC. 6. DEFINITION. For purposes of this Act, the term ``American Samoa'' includes Swains Island and Rose Island. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

Federal District Court of American Samoa Act of 2006 - Establishes for and within American Samoa a court of record to be known as the Federal District Court of American Samoa. Sets forth provisions respecting: (1) jurisdiction; (2) appointment of a judge, U.S. Attorney, and U.S. Marshal; and (3) rules of practice and procedure.

To establish a Federal District Court of American Samoa.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lytton Rancheria Homelands Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) The Lytton Rancheria of California is a federally recognized Indian tribe that lost its homeland after it was unjustly and unlawfully terminated in 1958. The Tribe was restored to Federal recognition in 1991, but the conditions of its restoration have prevented it from regaining a homeland on its original lands. (2) Congress needs to take action to reverse historic injustices that befell the Tribe and have prevented it from regaining a viable homeland for its people. (3) Prior to European contact there were as many as 350,000 Indians living in what is now the State of California. By the turn of the 19th century, that number had been reduced to approximately 15,000 individuals, many of them homeless and living in scattered bands and communities. (4) The Lytton Rancheria's original homeland was purchased by the United States in 1926 pursuant to congressional authority designed to remedy the unique tragedy that befell the Indians of California and provide them with reservations called Rancherias to be held in trust by the United States. (5) After the Lytton Rancheria lands were purchased by the United States, the Tribe settled on the land and sustained itself for several decades by farming and ranching. (6) By the mid-1950s, Federal Indian policy had shifted back towards a policy of terminating Indian tribes. In 1958, Congress enacted the Rancheria Act of 1958 (72 Stat. 619), which slated 41 Rancherias in California, including the Lytton Rancheria, for termination after certain conditions were met. (7) On August 1, 1961, the Lytton Rancheria was terminated by the Federal Government. This termination was illegal because the conditions for termination under the Rancheria Act had never been met. After termination was implemented, the Tribe lost its lands and was left without any means of supporting itself. (8) In 1987, the Tribe joined three other tribes in a lawsuit against the United States challenging the illegal termination of their Rancherias. A Stipulated Judgment in the case, Scotts Valley Band of Pomo Indians of the Sugar Bowl Rancheria v. United States, No. C-86-3660 (N.D.Cal. March 22, 1991), restored the Lytton Rancheria to its status as a federally recognized Indian tribe. (9) The Stipulated Judgment agreed that the Lytton Rancheria would have the ``individual and collective status and rights'' which it had prior to its termination and expressly contemplated the acquisition of trust lands for the Lytton Rancheria. (10) The Stipulated Judgment contains provisions, included at the request of the local county governments and neighboring landowners, that prohibit the Lytton Rancheria from exercising its full Federal rights on its original homeland in the Alexander Valley. (11) In 2000, approximately 9.5 acres of land in San Pablo, California, was placed in trust status for the Lytton Rancheria for economic development purposes. (12) The Tribe has since acquired, from willing sellers at fair market value, property in Sonoma County near the Tribe's historic Rancheria. This property, which the Tribe holds in fee status, is suitable for a new homeland for the Tribe. (13) On a portion of the land to be taken into trust, which portion totals approximately 124.12 acres, the Tribe plans to build housing for its members and governmental and community facilities. (14) A portion of the land to be taken into trust is being used for viniculture, and the Tribe intends to develop more of the lands to be taken into trust for viniculture. The Tribe's investment in the ongoing viniculture operation has reinvigorated the vineyards, which are producing high-quality wines. The Tribe is operating its vineyards on a sustainable basis and is working toward certification of sustainability. (15) No gaming shall be conducted on the lands to be taken into trust by this Act. (16) No gaming shall be conducted on any lands taken into trust on behalf of the Tribe in Sonoma County after the date of the enactment of this Act north of a line that runs in a cardinal east and west direction from the point where Highway Route 12 crosses Highway 101 as they are physically on the ground and used for transportation on January 1, 2016, and extending to the furthest extent of Sonoma County. (17) Any agreement, now or in the future, regarding gaming restrictions between Sonoma County and the Tribe will be effective without further review by the Bureau of Indian Affairs. (18) By directing that these lands be taken into trust, the United States will ensure that the Lytton Rancheria will finally have a permanently protected homeland on which they can once again live communally and plan for future generations. This action is necessary to fully restore the Tribe to the status it had before it was wrongfully terminated in 1961. (19) The Tribe and County of Sonoma have entered into a Memorandum of Agreement in which the County agrees to the lands in the County being taken into trust for the benefit of the Tribe in consideration for commitments made by the Tribe. SEC. 3. DEFINITIONS. For the purpose of this Act, the following definitions apply: (1) County.--The term ``County'' means Sonoma County, California. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribe.--The term ``Tribe'' means the Lytton Rancheria of California. SEC. 4. LANDS TO BE TAKEN INTO TRUST. (a) In General.--The land owned by the Tribe and generally depicted on the map titled ``Lytton Fee Owned Property to be Taken into Trust'' and dated May 1, 2015, is hereby taken into trust for the benefit of the Tribe, subject to valid existing rights, contracts, and management agreements related to easements and rights-of-way. (b) Lands To Be Made Part of the Reservation.--Lands taken into trust under subsection (a) shall be part of the Tribe's reservation and shall be administered in accordance with the laws and regulations generally applicable to property held in trust by the United States for an Indian tribe. SEC. 5. GAMING. (a) Lands Taken Into Trust Under This Act.--Lands taken into trust for the benefit of the Tribe under section 4 shall not be eligible for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). (b) Other Lands Taken Into Trust.-- (1) Time-limited prohibition.--Lands taken into trust for the benefit of the Tribe in Sonoma County after the date of the enactment of this Act shall not be eligible for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2710 et seq.) until after March 15, 2037. (2) Permanent prohibition.--Notwithstanding paragraph (1), lands located north of a line that runs in a cardinal east and west direction and is defined by California State Highway Route 12 as it crosses through Sonoma County at Highway 101 as they are physically on the ground and used for transportation on January 1, 2016, and extending to the furthest extent of Sonoma County shall not be eligible for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2710 et seq.). SEC. 6. APPLICABILITY OF CERTAIN LAW. Notwithstanding any other provision of law, the Memorandum of Agreement entered into by the Tribe and the County concerning taking land in the County into trust for the benefit of the Tribe, which was approved by the County Board of Supervisors on March 10, 2015, and any addenda and supplement thereto, is not subject to review or approval of the Secretary in order to be effective, including review or approval under section 2103 of the Revised Statutes (25 U.S.C. 81).

Lytton Rancheria Homelands Act of 2015 (Sec. 4) This bill takes into trust for the benefit of the Lytton Rancheria of California certain land owned by the tribe in Sonoma County, California. Land taken into trust is made a part of the tribe's reservation. Gaming is prohibited on this land and in a specified area of Sonoma County. (Sec. 5) Gaming is prohibited until March 16, 2037, on land taken into trust for the benefit of the tribe after enactment of this bill. (Sec. 6) The memorandum of agreement entered into by the tribe and the county that was approved by the county on March 10, 2015, is not subject to review and approval by the Department of the Interior.

Lytton Rancheria Homelands Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Criminal Background Check Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to assist States in improving the overall quality of child care services in the State by requiring national criminal background checks of child care providers that are licensed by the State or that receive funds under the Child Care and Development Block Grant Act of 1990. SEC. 3. AMENDMENTS. (a) State Plan.--Section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)) is amended by adding at the end the following: ``(I) Criminal background check.--Certify that the State will-- ``(i) require each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that is licensed by the State or receives funds provided under this subchapter-- ``(I) to obtain from the State a comprehensive criminal background check of-- ``(aa) each employee who provides child care services; ``(bb) each applicant for employment to provide such services; and ``(cc) each family child care provider who provides or applies to provide such services; ``(II) to refuse to employ an individual to provide such services-- ``(aa) if such individual was convicted, in the then most recent 5-year period ending on the date of receipt of such a criminal background check, of-- ``(AA) a crime of violence (as defined in section 20101 of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13701)); or ``(BB) a crime against a child for which the penalty exceeds imprisonment for a term exceeding 1 year; ``(bb) to an eligible child without the supervision of an employee whose criminal background check satisfies the requirements of the subparagraph, pending receipt of such a criminal background check of such individual; and ``(cc) to an eligible child with the supervision of an employee whose criminal background check satisfies the requirements of the subparagraph and for a period exceeding 90 days, pending receipt of such a criminal background check of such individual; and ``(ii) carry out at the request of an eligible child care provider, as soon as practicable, a comprehensive criminal background check (at the State option for a fee not to exceed the actual cost to the State) of each employee of, and each applicant for employment by, a child care provider that is licensed by the State or receives funds provided under this subchapter by the State, and make the results of such check available to such provider and to such employee or applicant. At the request of a State, the Secretary may waive for 1 fiscal year the application of this subparagraph to the State if the State demonstrates a good faith effort to comply with the requirements specified in this subparagraph and its inability to so comply. ``(J) Inspections.--The State shall certify that each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that is licensed by the State will be inspected not less frequently than at 3-month intervals. ``(K) Training.--The State shall certify that each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that receives funds provided under this subchapter will receive not less than-- ``(i) 40 hours of initial training; and ``(ii) annually 24 hours of training that includes CPR, first aid, recognizing child abuse, basic safety and health, and child behavior and development.''. (b) Enforcement.--Section 658I(b)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(i)(b)(2)) is amended by adding at the end the following: ``If a State fails to comply substantially with the requirements specified in section 658e(c)(2)(I), the Secretary shall reduce by 10 percent the State allotment for the fiscal year following the fiscal year with respect to which noncompliance is found.''. SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. This Act and the amendments made by this Act shall take effect 2 years after the date of the enactment of this Act.

Child Care Criminal Background Check Act of 2011 - Amends the Child Care and Development Block Grant Act of 1990 to require a state child care services plan to certify that the state will require child care providers that are licensed by the state or that receive funds under the Child Care and Development Block Grant Program to obtain a comprehensive criminal background check of each employee who provides child care services, each applicant for employment, and each family child care provider who provides or applies to provide such services and to refuse to employ, or continue to employ, an individual to provide such services: (1) if such individual was convicted of a crime of violence or a crime against children; (2) to an eligible child without the supervision of an employee whose criminal background check satisfies requirements, pending receipt of such individual's background check; and (3) to an eligible child for a period exceeding 90 days with the supervision of an employee whose criminal background check satisfies requirements, pending receipt of such individual's background check. Requires a state child care services plan to also certify that the state will carry out a comprehensive criminal background check of an employee or applicant of such a child care provider as soon as practicable after the provider's request and make the results available to such provider, employee, and applicant. Requires the state to certify that: (1) each eligible child care provider (with an exception related to child care provided by a relative) that is licensed by the state will be inspected at least at 3-month intervals; and (2) each such provider that receives funds under the Program will receive not less than 40 hours of initial training and 24 hours of training annually that includes CPR, first aid, recognizing child abuse, basic safety and health, and child behavior and development. Reduces by 10% allotments to states that fail to comply with the requirements of this Act.

To amend the Child Care and Development Block Grant Act of 1990 to require criminal background checks, inspections, and training of child care providers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Low Emissions Energy Plan 2020 Act''. SEC. 2. FINDINGS. Congress finds that-- (1) President Obama has stated a goal of deploying 1,000,000 plug-in hybrid and electric vehicles by 2015; (2) the United States needs to develop-- (A) the electric recharging infrastructure to fuel those vehicles; and (B) uniform standards and protocols for deployment and integration of recharging infrastructure to serve commercial vehicles as well as consumer vehicles; and (3) plug-in hybrid and electric vehicles offer a number of benefits, including emissions reductions, decreasing dependence on imported oil, and advanced energy storage for the electric grid. SEC. 3. DEFINITIONS. In this Act: (1) Plan.--The term ``Plan'' means the national transportation low emissions energy plan developed under section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation, acting in coordination with the Secretary of Energy and the Administrator of the Environmental Protection Agency. SEC. 4. NATIONAL TRANSPORTATION LOW EMISSIONS ENERGY PLAN. (a) In General.--The Secretary shall establish a stakeholder-driven process to develop, not later than 18 months after the date of enactment of this Act, a national transportation low emissions energy plan. (b) Requirements.--The Plan shall-- (1) project the near- and long-term need for and location of electric drive vehicle refueling infrastructure at strategic locations across all major national highways, roads, and corridors; (2) identify infrastructure and standardization needs for electricity providers, infrastructure providers, vehicle manufacturers, and electricity purchasers; and (3) establish an aspirational goal of achieving strategic deployment of electric vehicle infrastructure by 2020. (c) Stakeholders.--In developing the Plan, the Secretary shall involve, on a voluntary basis, stakeholders that include-- (1) the heads of other Federal agencies; (2) State and local officials; (3) representatives of-- (A) energy utilities; (B) the vehicles industry; (C) the freight and shipping industry; (D) clean technology firms; (E) the hospitality industry; (F) the restaurant industry; and (G) highway rest stop vendors; and (4) such other stakeholders as the Secretary may determine to be necessary. (d) Public Charge Access Ports.--The Plan shall-- (1) prioritize the development of-- (A) standardized public charge access ports with wireless or smart card billing capability; and (B) level I and level II charge port systems (that charge an electric vehicle over a period of 8 to 14 hours and 4 to 8 hours, respectively) that will meet the energy requirements of the majority of plug-in hybrid and battery electric vehicles; (2) examine the feasibility of level III charge port systems that can charge an electric vehicle over a period of 10 to 20 minutes; and (3) focus on infrastructure that provides consumers with the lowest cost while providing convenient charge system access. (e) LEEP Coordinator.--The Secretary may designate 1 full-time position within the Department of Transportation to be known as the ``LEEP coordinator'' with responsibility to oversee-- (1) the development of the Plan; and (2) the implementation of the regional pilot projects under section 5. SEC. 5. PILOT PROJECTS. (a) In General.--The Secretary may establish 4 pilot projects to demonstrate electric drive vehicles and infrastructure-- (1) in rural locations; and (2) in commercial use. (b) Requirements.--The Secretary shall-- (1) establish the pilot projects after the publication of the Plan; (2) use the Plan to determine which regions of the United States are most ready to demonstrate electric vehicle infrastructure; (3) carry out the pilot projects in different regions of the United States; and (4) ensure that-- (A) at least 1 pilot project is carried out in a rural region of the United States; and (B) at least 1 pilot project is focused on freight issues. (c) Financial Resources.--In carrying out the regional pilot projects, the Secretary shall coordinate the use of appropriate financial incentives, grant programs, and other Federal financial resources to ensure that electric infrastructure delivery entities are able to participate in the regional pilot projects. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as are necessary-- (1) to develop the Plan; (2) to pay the salary and expenses of the LEEP coordinator described in section 4(e); and (3) to carry out the regional pilot projects under section 5.

Transportation Low Emissions Energy Plan 2020 Act - Directs the Secretary of Transportation (DOT), in coordination with the Secretary of Energy (DOE) and the Administrator of the Environmental Protection Agency (EPA), to establish a stakeholder-driven process to develop a national transportation low emissions energy plan. Requires such plan to: (1) project the near- and long-term need for and location of electric drive vehicle refueling infrastructure at strategic locations across all major national highways, roads, and corridors; (2) identify infrastructure and standardization needs for electricity providers, infrastructure providers, vehicle manufacturers, and electricity purchasers; (3) establish a goal of achieving strategic deployment of electric vehicle infrastructure by 2020; (4) prioritize the development of standardized public charge access ports with wireless or smart card billing capability and level I and level II charge port systems (that charge an electric vehicle over a period of 8 to 14 hours and 4 to 8 hours, respectively) that will meet the energy requirements of the majority of plug-in hybrid and battery electric vehicles; (5) examine the feasibility of level III charge port systems that can charge over a period of 10 to 20 minutes; and (6) focus on infrastructure that provides consumers with the lowest cost while providing convenient charge system access. Authorizes the Secretary to: (1) designate within DOT a LEEP coordinator to oversee Plan development and the implementation of regional pilot projects; and (2) establish four pilot projects to demonstrate electric drive vehicles and infrastructure in rural locations and in commercial use.

A bill to require the Secretary of Transportation to develop a national transportation low emissions energy plan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renovation Rule Improvement Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Final rule.--The term ``final rule'' means the final rule promulgated by the Administrator entitled ``Lead; Renovation, Repair, and Painting Program'' (73 Fed. Reg. 21692 (April 22, 2008)). (3) Independent clearance.--The term ``independent clearance'' means clearance of a renovation performed by a certified assessor or certified sampling technician who was not an individual performing the renovation. SEC. 3. RENOVATION AND REMODELING REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Administrator shall update the final rule to include requirements that-- (1) independent clearance shall be performed by a certified risk assessor or certified sampling technician to ensure compliance with lead hazard standards relating to lead, lead dust, and lead-based paint in effect as of the date of enactment of this Act, such that-- (A) ongoing, periodic random sampling shall be permitted so long as a sufficient number of samples are selected to provide a 95-percent level of confidence that none of the renovations completed by a certified renovation firm would result in levels that exceed the standards, as determined by the Administrator; and (B) if random sampling indicates that a group of particular renovations results in a level that exceeds the standards, until such time as the Administrator determines that the renovations of the individual or entity achieve the level of confidence described in subparagraph (A), the individual or entity that completed the renovations shall be responsible for providing for independent clearance of-- (i) each subsequent renovation completed by the individual or entity; and (ii) each unit renovated during the period beginning on the date of the most recent clear inspection and ending on the date of failure of clearance, including offering to perform recleaning on any unit that exceeds standards; (2) a written renovation completion report shall be provided to both owners and occupants of a covered property describing all the actions that were performed to reduce lead hazards during the work and the results of all tests performed as part of efforts to ensure compliance with the final rule and other applicable regulations; (3) work practices used shall be at least as protective as those of the Department of Housing and Urban Development described in 35.1350 of title 24, Code of Federal Regulations (or successor regulations); and (4) an individual who has completed a lead-based paint training and certification program shall be present at all times that work is undertaken at a work site. SEC. 4. TRAINING OPPORTUNITIES. (a) Grant Program To Expand Training Opportunities.-- (1) Establishment.--The Administrator shall establish a grant program to expand training opportunities relating to lead-based paint that are available at the State and tribal level. (2) Use of funds.--Funds provided through grants under the program established under paragraph (1)-- (A) shall be used by a recipient to provide no- cost, culturally and linguistically appropriate lead- based paint training and certification opportunities for low-income workers, in order to ensure the presence, at all times that work is undertaken at a work site, of an individual who has completed a lead- based paint training and certification program; and (B) may be used by a recipient-- (i) to expand new and supplemental training opportunities, giving priority to those opportunities established and carried out in partnership with nongovernmental organizations, to increase the number of individuals who have completed lead-based paint training and certification programs that are in compliance with updates to the final rule required under section 3; (ii) to maintain, improve, or develop infrastructure and oversight to ensure that-- (I) individuals engaged in renovation activities are properly trained; (II) lead-based paint training programs are accredited; (III) contractors and firms engaged in renovation activities are certified; and (IV) renovation activities are carried out in accordance with the final rule (including updates to that final rule required under section 3) and other applicable regulations; (iii) to provide for training of enforcement inspectors and compliance and lead dust sampling techniques; (iv) to implement lead-based paint compliance assistance programs; and (v) to engage in education and outreach activities regarding the final rule. (3) Treatment of funds.--The program established under paragraph (1), and funds provided through grants under that program, shall supplement, and not supplant, lead-based paint training programs and grants available as of the date of enactment of this Act. (4) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $7,000,000 for the period of fiscal years 2009 through 2012. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator, in collaboration with the Secretary of Housing and Urban Development, shall prepare, publish, and submit to the appropriate committees of Congress a report that-- (1) analyzes the impact of the final rule on preventing lead poisoning; (2) analyzes training opportunities for contractors and renovators; and (3) makes recommendations for expansion and coordination of that training in a manner that, to the maximum extent practicable-- (A) maximizes coordination between the Department of Housing and Urban Development and the Environmental Protection Agency to ensure standard training and curriculum development; (B) ensures that contractors, renovators, owners, occupants, and State, tribal, and local governments are aware of training and certification activities provided through the Department of Housing and Urban Development and the Environmental Protection Agency; (C) expands the number of individuals who have completed lead-based paint training and certification programs so as to ensure that such an individual is available to be present at a work site at all times that work is undertaken during renovations; and (D) expands the number of individuals who have completed sampling technician training.

Renovation Rule Improvement Act of 2008 - Requires the Administrator of the Environmental Protection Agency (EPA) to update the final rule entitled "Lead: Renovation, Repair, and Painting Program" published on April 22, 2008, to include requirements that: (1) independent clearance be performed by a certified risk assessor or certified sampling technician to ensure compliance with lead hazard standards for lead, lead dust, and lead-based paint; (2) a written renovation completion report describing all the actions to reduce lead hazards be provided to owners and occupants of a covered property; (3) work practices be at least as protective as those of the Department of Housing and Urban Development (HUD); and (4) an individual who has completed a lead-based paint training and certification program be present at all times at a work site. Requires the Administrator to establish a grant program to expand training opportunities relating to lead-based paint that are available at the state and tribal level. Requires grant recipients to provide no-cost, culturally and linguistically appropriate lead-based paint training and certification opportunities for low-income workers. Requires the Administrator, in collaboration with the HUD Secretary, to submit a report to specified congressional committees on the impact of the final rule on preventing lead poisoning and on training opportunities for contractors and renovators.

A bill to direct the Administrator of the Environmental Protection Agency to revise regulations relating to lead-based paint hazards, lead-contaminated dust, and lead-contaminated soil, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013''. SEC. 2. FINDINGS. Congress finds as follows: (1) An estimated 13,500 children and adolescents under age 20 are diagnosed with cancer each year. (2) In 1960, only 4 percent of children with cancer survived more than 5 years, but by 2011, cure rates have increased to 78 percent for children and adolescents under age 20. (3) As of June 2013, there are more than 360,000 childhood cancer survivors living in the United States. (4) As many as \2/3\ of childhood cancer survivors are likely to experience at least one late effect of treatment, with as many as \1/4\ experiencing a late effect that is serious or life-threatening. The most common late effects of childhood cancer are neurocognitive, psychological, cardiopulmonary, endocrine, and musculoskeletal effects and secondary malignancies. (5) The late effects of cancer treatment may change as treatments evolve, which means that the monitoring and treatment of cancer survivors may need to be modified on a routine basis. (6) The Institute of Medicine, in its report on cancer survivorship entitled ``Childhood Cancer Survivorship: Improving Care and Quality of Life'', states that an organized system of care and a method of care for pediatric cancer survivors is needed. SEC. 3. CANCER SURVIVORSHIP PROGRAMS. (a) Cancer Survivorship Programs.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417H. PILOT PROGRAMS TO EXPLORE MODEL SYSTEMS OF CARE FOR PEDIATRIC CANCER SURVIVORS. ``(a) In General.--The Secretary may make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. ``(b) Eligible Entities.--In this section, the term `eligible entity' means-- ``(1) a medical school; ``(2) a children's hospital; ``(3) a cancer center; or ``(4) any other entity with significant experience and expertise in treating survivors of childhood cancers. ``(c) Use of Funds.--The Secretary may make a grant under this section to an eligible entity only if the entity agrees-- ``(1) to use the grant to establish a pilot program to develop, study, or evaluate one or more model systems for monitoring and caring for cancer survivors; and ``(2) in developing, studying, and evaluating such systems, to give special emphasis to-- ``(A) the design of protocols for different models of follow-up care, monitoring, and other survivorship programs (including peer support and mentoring programs); ``(B) the development of various models for providing multidisciplinary care; ``(C) the dissemination of information and the provision of training to health care providers about how to provide linguistically and culturally competent follow-up care and monitoring to cancer survivors and their families; ``(D) the development of support programs to improve the quality of life of cancer survivors; ``(E) the design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers (including risk factors and a plan for recommended follow-up care); ``(F) the dissemination of the information and programs described in subparagraphs (A) through (E) to other health care providers (including primary care physicians and internists) to cancer survivors and their families, where appropriate; and ``(G) the development of initiatives that promote the coordination and effective transition of care between cancer care providers, primary care physicians, and mental health professionals. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2018. ``SEC. 417H-1. WORKFORCE DEVELOPMENT COLLABORATIVE ON MEDICAL AND PSYCHOSOCIAL CARE FOR CHILDHOOD CANCER SURVIVORS. ``(a) In General.--Not later than 1 year after the date of enactment of the Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013, the Secretary may convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer Survivors (referred to in this section as the `Collaborative'). The Collaborative shall be a cross- specialty, multidisciplinary group composed of educators, consumer and family advocates, and providers of psychosocial and biomedical health services. ``(b) Goals and Reports.--The Collaborative shall submit to the Secretary a report establishing a plan to meet the following objectives for medical and psychosocial care workforce development: ``(1) Identifying, refining, and broadly disseminating to healthcare educators information about workforce competencies, models, and preservices curricula relevant to providing medical and psychosocial services to individuals with pediatric cancers. ``(2) Adapting curricula for continuing education of the existing workforce using efficient workplace-based learning approaches. ``(3) Developing the skills of faculty and other trainers in teaching psychosocial health care using evidence-based teaching strategies. ``(4) Strengthening the emphasis on psychosocial healthcare in educational accreditation standards and professional licensing and certification exams by recommending revisions to the relevant oversight organizations. ``(5) Evaluating the effectiveness of patient navigators in pediatric cancer survivorship care. ``(6) Evaluating the effectiveness of peer support programs in the psychosocial care of pediatric cancer patients and survivors. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018.''. (b) Technical Amendment.-- (1) In general.--Section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107- 172; 116 Stat. 541) is amended by striking ``section 419C'' and inserting ``section 417C''. (2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107-172; 116 Stat. 541).

Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services (HHS) to make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. Authorizes the Secretary to convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer to establish a plan to meet specified objectives relating to medical and psychosocial care workforce development, including: (1) disseminating to health care educators information relevant to providing medical and psychosocial services to individuals with pediatric cancers, (2) adapting curricula for continuing education of the existing workforce, and (3) strengthening the emphasis on psychosocial health care in educational accreditation standards and professional licensing and certification.

Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dollars to the Classroom Act''. SEC. 2. DIRECT AWARDS OF CERTAIN EDUCATION FUNDING TO STATES. (a) Direct Awards of Certain Education Funding.-- (1) In general.--Notwithstanding any other provision of law, for each fiscal year the Secretary shall award the total amount of funds described in paragraph (2) directly to States in accordance with this subsection. (2) Applicable funding.--The total amount of funds referred to in paragraph (1) are all funds not used to carry out paragraph (6)(B) for the fiscal year that are appropriated for the Department of Education for the fiscal year to carry out programs or activities under the following provisions of law: (A) Title III of the Goals 2000: Educate America Act (20 U.S.C. 5881 et seq.). (B) Title IV of the Goals 2000: Educate America Act (20 U.S.C. 5911 et seq.). (C) Title VI of the Goals 2000: Educate America Act (20 U.S.C. 5951). (D) The Educational Research, Development, Disseminations, and Improvement Act of 1994 (20 U.S.C. 6001 et seq.). (E) Titles II, III, and IV of the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6121 et seq., 6171 et seq., and 6191 et seq.). (F) Part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6361 et seq.). (G) Section 1502 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6492). (H) Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6621 et seq.). (I) Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641 et seq.). (J) Title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.) (other than section 3132 of such title). (K) Section 3132 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6842 et seq.). (L) Subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7111 et seq.). (M) Subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.). (N) Part A of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7201 et seq.). (O) Part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7231 et seq.). (P) Title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7311 et seq.). (Q) Part B of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.). (R) Part C of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7931 et seq.). (S) Part A of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.). (T) Part B of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8031 et seq.). (U) Part D of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8091 et seq.). (V) Part F of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8141 et seq.). (W) Part G of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8161 et seq.). (X) Part I of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8241 et seq.). (Y) Part J of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8271 et seq.). (Z) Part K of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8331 et seq.). (AA) Part L of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8351 et seq.). (BB) Part A of title XIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8621 et seq.). (CC) Part C of title XIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8671 et seq.). (DD) Part B of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.). (3) Timelines.-- (A) Census determination.-- (i) In general.--Not later than 21 days after the beginning of an academic year, each State shall conduct a census to determine the number of kindergarten through grade 12 students in the State for the academic year. (ii) Submission.--Each State shall submit the number described in clause (i) to the Secretary not later than February 1 of the academic year. (B) Publication.--The Secretary shall publish in the Federal Register not later than March 15 of each fiscal year the amount each State shall receive under this subsection for the succeeding fiscal year. (C) Disbursal.--The Secretary shall disburse the amount awarded to a State under this subsection for a fiscal year not later than July 1 of the fiscal year. (4) Determination of award.--From the total amount made available under paragraph (1) and not used to carry out paragraph (6)(B), the Secretary, using the information provided under paragraph (3), shall award to each State an amount that bears the same relation to the total amount as the number of kindergarten through grade 12 students in the State for the academic year preceding the fiscal year bears to the total number of all such students in all States for the academic year. (5) Penalty.--If the Secretary determines that a State has knowingly submitted false information under paragraph (3) for the purpose of gaining additional funds under paragraph (1), then the State shall be fined an amount equal to twice the difference between the amount the State received under this subsection, and the correct amount the State would have received if the State had submitted accurate information under paragraph (3). (6) Hold harmless.-- (A) In general.--No State shall receive an award under this subsection-- (i) for fiscal year 2000 in an amount that is less than the amount the State would have received to carry out programs or activities under the provisions of law described in subparagraphs (A), (F), (I), (J), (L), (P) and (DD) of paragraph (2) for fiscal year 2000; (ii) for fiscal year 2001 in an amount that is less than 95 percent of the minimum amount the State is eligible to receive under clause (i) for fiscal year 2000; (iii) for fiscal year 2002 in an amount that is less than 90 percent of the minimum amount the State is eligible to receive under clause (ii) for fiscal year 2001; (iv) for fiscal year 2003 in an amount that is less than 85 percent of the minimum amount the State is eligible to receive under clause (iii) for fiscal year 2002; and (v) for fiscal year 2004 in an amount that is less than 80 percent of the minimum amount the State is eligible to receive under clause (iv) for fiscal year 2003. (B) Multiyear awards.--The Secretary shall use funds appropriated to carry out the programs or activities under the provisions of law described in paragraph (2) (other than subparagraphs (A), (F), (I), (J), (L), (P) and (DD) of paragraph (2)) to make payments to eligible recipients under such provisions pursuant to any multiyear award made under such provisions prior to the date of enactment of this Act. (b) Payments and Availability.-- (1) Payments.--Funds awarded to a State under this subsection shall be paid to the Governor of the State. (2) Availability.--The Governor of the State shall make the funds provided under this subsection available to the individual or entity in the State that is responsible for the State administration of Federal education funds pursuant to State law. (c) Use of State Awards.-- (1) In general.--From the amount made available to a State under subsection (a) for a fiscal year, the State-- (A) shall use not more than 5 percent of the amount to support programs or activities, for kindergarten through grade 12 students, that the State determines appropriate, of which the State shall distribute 20 percent of the 5 percent to local educational agencies in the State to pay the administrative expenses of the local educational agencies that are associated with the activities and services assisted under this section; and (B) shall distribute not less than 95 percent of the amount to local educational agencies in the State for the fiscal year to enable the local educational agencies to pay the costs of activities or services, for kindergarten through grade 12 students, that-- (i) the local educational agencies determine appropriate; and (ii) are provided in the classroom. (2) Classroom activities and services.--For the purpose of paragraph (1)(B), the costs of activities and services provided in the classroom-- (A) exclude the administrative expenses associated with the activities and services; and (B) subject to paragraph (1)(B)(i), include nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. (d) Regulations.-- (1) In general.--No head of a Federal department or agency other than the Secretary may promulgate regulations under this section. (2) Classroom activities and services.--The Secretary of Education shall not issue any regulation regarding the type of classroom activities or services that may be assisted under this section. (e) Report.--Each Governor of a State receiving assistance under this section shall prepare and submit, not later than 60 days after the date of enactment of this Act, to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives, a report that describes the classroom activities and services provided in the State under this section. SEC. 3. TITLE I FUNDING. Section 1603 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6513) is amended by adding at the end the following: ``(d) Dollars to the Classroom.-- ``(1) In general.--Notwithstanding any other provision of law, from the funds made available to a local educational agency under this part for a fiscal year, not less than 95 percent of the funds shall be used for the costs of activities and services that-- ``(A) the local educational agency deems appropriate; and ``(B) are provided in the classroom. ``(2) Classroom activities and services.--For the purpose of paragraph (1), the costs of activities and services provided in the classroom-- ``(A) exclude the administrative expenses associated with the activities and services; and ``(B) subject to paragraph (1)(A), include nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. ``(3) Plan.--Not later than 6 months after the date of enactment of the Dollars to the Classroom Act, the Secretary shall-- ``(A) develop and implement a plan for streamlining regulations and eliminating bureaucracy so that 95 percent of the funds made available to local educational agencies under this part are used for the costs of activities and services provided in the classroom; and ``(B) prepare and submit to Congress recommended legislation containing changes to Federal law that are needed for 95 percent of the funds to be so used.''. SEC. 4. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE AND HOME SCHOOLS. Each local educational agency that receives funds under section 2 shall provide for the participation of children enrolled in private and home schools in the activities and services assisted under such section in the same manner as private school children participate in activities and services under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) pursuant to sections 14503, 14504, 14505, and 14506 of such Act (20 U.S.C. 8893, 8894, 8895, and 8896). SEC. 5. DEFINITIONS. In this Act-- (1) the term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); (2) the term ``Secretary'' means the Secretary of Education; and (3) the term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.

Dollars to the Classroom Act - Requires the Secretary of Education to award the total amount of certain applicable education funding directly to the States. (Sec. 2) Requires such direct awarding of all the funds (except those used for specified multiyear awards) that are appropriated for the Department of Education for the fiscal year for programs or activities under specified provisions of: (1) the Goals 2000: Educate America Act; (2) the Educational Research, Development, Disseminations, and Improvement Act of 1994; (3) the School-to-Work Opportunities Act of 1994; (4) the Elementary and Secondary Education Act of 1965 (ESEA); and (5) the Stewart B. McKinney Homeless Assistance Act. Sets deadlines for: (1) each State to conduct a census to determine, and report to the Secretary, the number of kindergarten through grade 12 students in the State for the academic year; and (2) the Secretary to publish and disburse the amount each State will receive under this Act for the succeeding fiscal year. Sets forth: (1) a formula for determination of such award amounts, based on relative numbers of such students in each State; and (2) penalties for false information. Provides for continuation of certain multiyear awards made prior to enactment of this Act. Requires award amounts under this Act to be paid to the State Governor, who shall make them available to the individual or entity in the State responsible for the State administration of Federal education funds. Prescribes requirements for the use of such funds, earmarking not less than 95 percent for distribution to local educational agencies (LEAs) for the costs of activities or services provided in the classroom that LEAs determine appropriate, excluding associated administrative expenses, but including nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. Prohibits: (1) any head of a Federal department or agency other than the Secretary from promulgating regulations under this Act; and (2) the Secretary from issuing any regulation regarding the type of classroom activities or services that may be assisted under this Act. (Sec. 3) Amends ESEA title I (Helping Disadvantaged Children Meet High Standards) to require the use of at least 95 percent of title I funds for an LEA for a fiscal year according to the requirements of this Act. Directs the Secretary to: (1) develop and implement a plan for streamlining regulations and eliminating bureaucracy so that 95 percent of such ESEA title I funds for LEAs are used for the costs of activities and services provided in the classroom; and (2) recommend to Congress legislation containing changes to Federal law needed for the use of such funds. (Sec. 4) Requires each LEA that receives funds under this Act to provide for the participation of children enrolled in private and home schools.

Dollars to the Classroom Act

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``United States- China Market Engagement and Export Promotion Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. TITLE I--PROGRAMS OF THE DEPARTMENT OF COMMERCE Sec. 101. Grants to States to establish and operate offices to promote exports to China. Sec. 102. Program to establish China market advocate positions in United States Export Assistance Centers. Sec. 103. Assistance to small- and medium-sized businesses for trade missions to China. Sec. 104. Plan to consolidate fees for Gold Key matching services in China. TITLE II--PROGRAMS OF THE SMALL BUSINESS ADMINISTRATION Sec. 201. Trade outreach at the Office of International Trade of the Small Business Administration. Sec. 202. Grants for Chinese business education programs. TITLE I--PROGRAMS OF THE DEPARTMENT OF COMMERCE SEC. 101. GRANTS TO STATES TO ESTABLISH AND OPERATE OFFICES TO PROMOTE EXPORTS TO CHINA. (a) Grants.--The Secretary of Commerce, acting through the Assistant Secretary for Trade Promotion and Director of the United States and Foreign Commercial Service, shall provide grants to States to establish and operate State offices in the People's Republic of China to provide assistance to United States exporters for the promotion of exports to China, with a particular focus on establishment of offices in locations in addition to Beijing and Shanghai. (b) Amount.--The amount of a grant under subsection (a) shall not exceed 33 percent of the total costs to establish and operate a State office described in such subsection. (c) Regulations.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Commerce shall promulgate such regulations as may be necessary to carry out this section. (d) Definitions.--In this section: (1) State.--The term ``State'' has the meaning given the term in section 2301(j)(5) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(j)(5)). (2) United states exporter.--The term ``United States exporter'' has the meaning given the term in section 2301(j)(3) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(j)(3)). (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary of Commerce $10,000,000 for each of the fiscal years 2008 through 2012 to carry out this section. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) shall remain available until expended. SEC. 102. PROGRAM TO ESTABLISH CHINA MARKET ADVOCATE POSITIONS IN UNITED STATES EXPORT ASSISTANCE CENTERS. (a) Program Authorized.--The Secretary of Commerce, in the Secretary's role as chairperson of the Trade Promotion Coordinating Committee, shall establish a program to provide comprehensive assistance to small- and medium-sized businesses in the United States for purposes of facilitating exports to China. (b) China Market Advocates.-- (1) Positions authorized.-- (A) In general.--The Secretary of Commerce shall create not fewer than 50 China market advocate positions in United States Export Assistance Centers. (B) Appointment and training.--The China market advocates authorized under subparagraph (A) shall be appointed by the Secretary from among individuals with expertise in matters relating to trade with China and shall receive the training authorized under paragraph (2). (C) Rate of pay.--China market advocates shall be paid at a rate equal to the rate of basic pay for grades GS-10 through GS-13 of the General Schedule under section 5332 of title 5, United States Code. (D) Geographic distribution.--To the maximum extent practicable, China market advocates shall be assigned to United States Export Assistance Centers in a manner that achieves an equitable geographic distribution of China market advocates among United States Export Assistance Centers. (2) Training authorized.--The Secretary shall provide training to China market advocates in the business culture of China, the market of China, and the evolving political, cultural, and economic environment in China. (c) Services Provided by Advocates.--China market advocates authorized under subsection (b) shall provide comprehensive assistance to small- and medium-sized businesses in the United States for purposes of facilitating exports of United States goods to China. Such assistance may include-- (1) assistance to find and utilize Federal and private resources to facilitate entering into the market of China; (2) continuous direct and personal contact with businesses that have entered the market of China; (3) assistance to resolve disputes with the Government of the United States or China relating to intellectual property rights violations, export restrictions, and additional trade barriers; and (4) to the extent practicable, locating and recruiting businesses to enter the market of China. (d) Advertising of Program.--The Secretary of Commerce shall make available to the public through advertising and other appropriate methods information about services offered by China market advocates under the program authorized under subsection (a). (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce to carry out this section $15,000,000 for each of the fiscal years 2008 through 2012, of which-- (1) $5,000,000 are authorized to be appropriated to carry out subsection (b)(2); and (2) $2,000,000 are authorized to be appropriated to carry out subsection (d). SEC. 103. ASSISTANCE TO SMALL- AND MEDIUM-SIZED BUSINESSES FOR TRADE MISSIONS TO CHINA. (a) Assistance Authorized.--The Secretary of Commerce, in the Secretary's role as chairperson of the Trade Promotion Coordinating Committee, shall provide assistance through United States Export Assistance Centers to eligible small- and medium-sized businesses in the United States for business-related expenses for trade missions to China. (b) Selection Process.--The Secretary of Commerce shall-- (1) develop a transparent and competitive scoring system for selection of small- and medium-sized businesses to receive assistance authorized under subsection (a) that focuses on the feasibility of exporting goods and services to China; and (2) develop specific criteria for a definition of ``business-related expenses'', as the term is used in subsection (a), that is compatible with best business practices. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce $2,000,000 for each of the fiscal years 2008 through 2012 to carry out this section. SEC. 104. PLAN TO CONSOLIDATE FEES FOR GOLD KEY MATCHING SERVICES IN CHINA. (a) Plan Required.--As soon as is practicable after the date of the enactment of this Act, the Secretary of Commerce, acting through the Assistant Secretary for Trade Promotion and Director of the United States and Foreign Commercial Service, shall submit to Congress a plan to consolidate fees charged by the Department of Commerce for Gold Key matching services provided to small- and medium-sized businesses that export goods or services produced in the United States to more than one market in China. (b) Gold Key Matching Services Defined.--In this section, the term ``Gold Key matching services'' means the Gold Key Service program of the Department of Commerce and includes-- (1) the arrangement of business meetings with pre-screened contacts, representatives, distributors, professional associations, government contacts, or licensing or joint venture partners in a foreign country; (2) customized market and industry briefings with trade specialists of the Department of Commerce; (3) timely and relevant market research; (4) appointments with prospective trade partners in key industry sectors; (5) post-meeting debriefing with trade specialists of the Department of Commerce and assistance in developing appropriate follow-up strategies; and (6) assistance with travel, accommodations, interpreter service, and clerical support. TITLE II--PROGRAMS OF THE SMALL BUSINESS ADMINISTRATION SEC. 201. TRADE OUTREACH AT THE OFFICE OF INTERNATIONAL TRADE OF THE SMALL BUSINESS ADMINISTRATION. Section 22 of the Small Business Act (15 U.S.C. 649) is amended by adding at the end the following new subsections: ``(h) Promotion of Exports to China.--The Office shall provide strategic guidance to small business concerns with respect to exporting goods and services to China. ``(i) Director of China Program Grants.-- ``(1) In general.--There shall be in the Office a Director of China Program Grants (in this subsection referred to as the `Director'). ``(2) Appointment.--The Director shall be appointed by the Administrator and shall be an individual with demonstrated successful experience in matters relating to international trade and administering government contracts. ``(3) Rate of pay.--The Director shall be paid at a rate equal to or greater than the rate of basic pay for grade GS-14 of the General Schedule under section 5332 of title 5, United States Code. ``(4) Duties.--The Director shall be responsible for administering the grant program authorized under section 202 of the United States-China Market Engagement and Export Promotion Act (relating to Chinese business education programs) and any other similar or related program of the Office.''. SEC. 202. GRANTS FOR CHINESE BUSINESS EDUCATION PROGRAMS. (a) Grants Authorized.--The Administrator of the Small Business Administration, acting through the Director of China Program Grants in the Office of International Trade, shall make grants to institutions of higher education, or combinations of such institutions, to pay the Federal share of the cost of planning, establishing, and operating education programs described in subsection (b) to-- (1) develop and enhance student skills, awareness, and expertise relating to business in China; and (2) prepare students to promote the competitiveness of and opportunities for United States small business concerns in China. (b) Education Programs Described.--Education programs described in this subsection are academic programs of study relating to business in China, including undergraduate and graduate level degrees, courses, or seminars on-- (1) the economy of China; (2) trade and commerce in China; (3) new and expanding export opportunities for United States small business concerns in China; and (4) the economic, commerce, and trade relations between the United States and China. (c) Application.--A small business concern desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Director of China Program Grants may require. (d) Duration of Grants.--A grant under this section shall be for an initial period not to exceed 2 years. The Director of China Program Grants may renew such grant for additional 2-year periods. (e) Federal Share.-- (1) Federal share.--The Federal share of the cost of an education program described in subsection (b) shall not exceed 50 percent of the cost of such program. (2) Non-federal share.--The non-Federal share of the cost of an education program described in subsection (b) may be provided either in cash or in kind. (f) Definition.--In this section, the term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

United States-China Market Engagement and Export Promotion Act - Directs the Secretary of Commerce to: (1) provide grants to states to establish and operate state offices in the People's Republic of China (PRC) to promote U.S. exports to PRC; (2) establish a program to create China market advocate positions in United States Export Assistance Centers in order to provide assistance to small- and medium-sized U.S. businesses in the export U.S. goods to PRC, including assistance for business-related expenses for trade missions to PRC; and (3) submit to Congress a plan to consolidate fees for Gold Key matching services provided to such U.S. businesses that export U.S. goods or services to more than one market in PRC. Amends the Small Business Act to require the Office of International Trade of the Small Business Administration (SBA) to provide guidance to U.S. small businesses with respect to the export of U.S. goods and services to PRC. Establishes in the Office a Director of China Program Grants. Directs the Administrator of SBA, acting through the Director of China Program Grants, to make grants to institutions of higher education to establish and operate Chinese business education programs.

To authorize assistance to small- and medium-sized businesses to promote exports to the People's Republic of China, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-India Energy Security Cooperation Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The December 2004 National Intelligence Council report entitled ``Mapping the Global Future in 2020'' states that the single most important factor affecting the demand for energy will be global economic growth, especially that of China and India. It is estimated that the current economic growth rate in India is approximately 7 percent of gross domestic product. India will need to double its energy consumption within the next 15 years to maintain steady rates of economic growth. (2) The United States and India launched an energy dialogue on May 31, 2005, aimed at building upon a broad range of existing energy cooperation and developing new avenues of collaboration on energy. These efforts will promote increased trade and investment in the energy sector by utilizing resources in the public and private sectors, focusing on oil and gas, power and energy efficiency, new technologies and renewable energy, coal and clean coal technology, and civil nuclear cooperation. In his testimony before the Committee on Foreign Relations of the Senate on July 26, 2005, Under Secretary of Energy David Garman said, ``The United States and India recognize their mutual interests are best served by working together in a collaborative fashion to ensure stability in global energy markets.''. (3) As the sixth largest energy consumer in the world, India satisfies 70 percent of its oil demand with imports and has embarked on an aggressive oil and gas exploration program. The largest discovery of natural gas in the world in 2002 occurred in India. In 2003, the largest discovery of oil in the world occurred in the state of Rajasthan in India. External funding and investment in the oil and gas industry in India is necessary to maximize recovery from oil fields, but an improved investment environment in India is needed to attract such investment. (4) India is the world's third largest producer of coal and will continue to rely on coal as a major energy source to support expanding industrial and electric power generation needs. However, many of India's coal-fired plants are inefficient and lack adequate pollution control equipment. In his address to a joint session of the United States Congress on July 19, 2005, Prime Minister of India Manmohan Singh noted the importance of allowing greater access for developing countries to clean coal technologies and of exploring partnerships that encourage more efficient use of hydrocarbon resources. (5) India provides a market for United States technologies that promote the clean and efficient use of energy. (6) India has announced plans to develop a 5,000,000 ton strategic crude oil reserve, which is expected to be completed by 2009. (7) United States energy experts have emphasized the need for the United States to increase collaboration with other countries-- (A) to develop and deploy energy technologies that will not be pursued absent greater Federal support; (B) to increase investment in cooperative international energy research; and (C) to expand the global network of strategic petroleum reserves. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to cooperate with India to address common energy challenges, to ensure future global energy security, and to increase the world-wide availability of clean energy; (2) to promote dialogue and increased understanding between the United States and India on our respective national energy policies and strategies as an integral part of the expanding strategic partnership between the two countries; and (3) to collaborate with India in energy research that fosters market-based approaches to energy security and offers the promise of technological breakthroughs that reduce oil dependency globally. SEC. 4. ASSISTANCE TO SUPPORT ENERGY COOPERATION. (a) Authorization.--The President is authorized to establish programs in support of greater energy cooperation between the United States and India. (b) Activities.--Assistance may be provided under this section for cooperation related to-- (1) research, development, and deployment of clean coal and emission reduction technologies and carbon sequestration projects; (2) research, development, and deployment of alternative fuel sources, such as ethanol, bio-mass, and coal-based fuels; (3) research, development, and deployment of energy efficiency and renewable energy projects and technologies; (4) research related to commercially available technologies that promote the clean and efficient use of energy in India; and (5) technical assistance in support of the development by the Government of India of a strategic oil reserve to allow India to cope with short-term disruptions to global oil supplies without causing shocks to India's market or the global market. SEC. 5. REPORT ON ENERGY COOPERATION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Secretary of Energy, submit to the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce and the Committee on International Relations of the House of Representatives a report on energy security cooperation between the United States and India. (b) Content.--The report required under subsection (a) shall describe-- (1) the ways in which the United States and India have cooperated on energy research and development activities; (2) joint projects that have been initiated using assistance authorized under section 4, and the contribution such assistance has made to improving global energy security; and (3) plans for future energy cooperation and joint projects between the United States and India. Passed the Senate July 24, 2006. Attest: EMILY J. REYNOLDS, Secretary.

United States-India Energy Security Cooperation Act of 2006 - Declares it is the policy of the United States to: (1) cooperate with India to address common energy challenges, to ensure future global energy security, and to increase the world-wide availability of clean energy; (2) promote dialogue and increased understanding between the United States and India on our respective national energy policies and strategies as an integral part of the expanding strategic partnership between the two countries; and (3) collaborate with India in energy research that fosters market-based approaches to energy security and offers the promise of technological breakthroughs that reduce oil dependency globally. Authorizes the President to establish programs in support of greater energy cooperation between the United States and India. Authorizes assistance for cooperation related to research, development, and deployment in selected areas, including: (1) clean coal and emission reduction technologies and carbon sequestration projects; (2) alternative fuel sources, such as ethanol, biomass, and coal-based fuels; (3) energy efficiency projects; (4) research related to commercially available technologies that promote the clean and efficient use of energy in India; and (5) technical assistance in support of the development by the government of India of a strategic oil reserve to allow India to cope with short-term disruptions to global oil supplies without causing shocks to India's market or the global market. Directs the Secretary of State, in coordination with the Secretary of Energy, to report to certain congressional committees on energy security cooperation between the United States and India.

A bill to promote global energy security through increased cooperation between the United States and India in diversifying sources of energy, stimulating development of alternative fuels, developing and deploying technologies that promote the clean and efficient use of coal, and improving energy efficiency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microcap Fraud Prevention Act of 2001''. SEC. 2. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934. Section 15(b)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)(4)) is amended-- (1) in each of subparagraphs (A) through (E), by striking the period at the end and inserting a semicolon; (2) by striking subparagraph (F) and inserting the following: ``(F) is subject to any order of the Commission barring or suspending the right of the person to be associated with a broker or dealer;''; (3) in subparagraph (G)-- (A) in clause (i), by striking ``has omitted'' and all that follows through the semicolon and inserting ``omitted to state in any such application, report, or proceeding any material fact that is required to be stated therein;''; (B) in clause (ii)-- (i) by striking ``transactions in securities,'' and inserting ``securities, banking, insurance,''; and (ii) by adding ``or'' at the end; and (C) in clause (iii)-- (i) by inserting ``other'' after ``violation by any''; (ii) by striking ``empowering a foreign financial regulatory authority regarding transactions in securities,'' and inserting ``regarding securities, banking, insurance,''; (iii) by striking ``has been found, by a foreign financial regulatory authority,''; and (iv) by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(H) is subject to any order of a State securities commission (or any agency or office performing like functions), State authority that supervises or examines financial institutions, State insurance commission (or any agency or office performing like functions), or an appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) that-- ``(i) bars such person from association with an entity regulated by such commission, authority, agency, or officer, or from engaging in the business of securities, insurance, or banking; or ``(ii) constitutes a final order based on violations of any laws or regulations that prohibit fraudulent, manipulative, or deceptive conduct.''. SEC. 3. AMENDMENTS TO THE INVESTMENT ADVISERS ACT OF 1940. Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 3) is amended-- (1) in subsection (e)-- (A) in each of paragraphs (1) through (6), by striking the period at the end and inserting a semicolon; and (B) by striking paragraphs (7) and (8) and inserting the following: ``(7) is subject to any order of the Commission barring or suspending the right of the person to be associated with an investment adviser; ``(8) has been found by a foreign financial regulatory authority to have-- ``(A) made or caused to be made in any application for registration or report required to be filed with, or in any proceeding before, that foreign financial regulatory authority with respect to registration, any statement that was, at the time and in light of the circumstances under which it was made, false or misleading with respect to any material fact, or omitted to state in any such application or report filed with, or in any proceeding before, that foreign financial regulatory authority any material fact that is required to be stated in the application, report, or proceeding; ``(B) violated any foreign statute or regulation regarding securities, banking, insurance, or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade; or ``(C) aided, abetted, counseled, commanded, induced, or procured the violation by any other person of any foreign statute or regulation regarding securities, banking, insurance, or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade, or failed reasonably to supervise, with a view to preventing violations of any such statute or regulation, another person who commits such a violation, if the other person is subject to its supervision; or ``(9) is subject to any order of a State securities commission (or any agency or office performing like functions), State authority that supervises or examines financial institutions, State insurance commission (or any agency or office performing like functions), or an appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) that-- ``(A) bars such investment adviser or person from association with an entity regulated by such commission, authority, agency, or officer, or from engaging in the business of securities, insurance, or banking; or ``(B) constitutes a final order based on violations of any laws or regulations that prohibit fraudulent, manipulative, or deceptive conduct.''; and (2) in subsection (f)-- (A) by striking ``(6), or (8)'' and inserting ``(6), (8), or (9)''; and (B) by striking ``paragraph (2)'' and inserting ``paragraph (2) or (3)''. SEC. 4. AMENDMENTS TO THE INVESTMENT COMPANY ACT OF 1940. Section 9(b) of the Investment Company Act of 1940 (15 U.S.C. 80a- 9(b)) is amended-- (1) in paragraph (4), by striking subparagraphs (A) through (C) and inserting the following: ``(A) made or caused to be made in any application for registration or report required to be filed with, or in any proceeding before, that foreign financial regulatory authority with respect to registration, any statement that was, at the time and in light of the circumstances under which it was made, false or misleading with respect to any material fact, or omitted to state in any application or report filed with, or in any proceeding before, that foreign financial regulatory authority any material fact that is required to be stated in the application, report, or proceeding; ``(B) violated any foreign statute or regulation regarding securities, banking, insurance, or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade; or ``(C) aided, abetted, counseled, commanded, induced, or procured the violation by any other person of any foreign statute or regulation regarding securities, banking, insurance, or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade;''; (2) in paragraph (5), by striking ``or'' at the end; (3) in paragraph (6), by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(7) is subject to any order of a State securities commission (or any agency or office performing like functions), State authority that supervises or examines financial institutions, State insurance commission (or any agency or office performing like functions), or an appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) that-- ``(A) bars such person from association with an entity regulated by such commission, authority, agency, or officer, or from engaging in the business of securities, insurance, or banking; or ``(B) constitutes a final order based on violations of any laws or regulations that prohibit fraudulent, manipulative, or deceptive conduct.''. SEC. 5. CONFORMING AMENDMENTS. (a) Municipal Securities Dealers.--Section 15B(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-4(c)) is amended-- (1) in paragraph (2), by striking ``act or omission'' and all that follows through the period and inserting ``act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B) within 10 years of the commencement of the proceedings under this paragraph, or is enjoined from any action, conduct, or practice specified in section 15(b)(4)(C).''; and (2) in paragraph (4), in the first sentence, by striking ``any act or omission'' and all that follows through the period and inserting ``or omitted any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B) within 10 years of the commencement of the proceedings under this paragraph, or is enjoined from any action, conduct, or practice specified in section 15(b)(4)(C).''. (b) Government Securities Brokers and Dealers.--Section 15C(c)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-5(c)(1)) is amended-- (1) in subparagraph (A), by striking ``or omission enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4)''; and (2) in subparagraph (C), by striking ``or omission enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4)''. (c) Clearing Agencies.--Section 17A(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78q-1(c)) is amended-- (1) in paragraph (3)(A), by striking ``any act enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4)''; and (2) in paragraph (4)(C), in the first sentence, by striking ``any act enumerated'' and all that follows through ``of this title,'' and inserting ``any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of paragraph (4) of section 15(b),''. (d) Statutory Disqualifications.--Section 3(a)(39)(F) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(39)(F)) is amended-- (1) by striking ``any act enumerated in subparagraph (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``any act, or is subject to an order or finding, enumerated in subparagraph (D), (E), (G), or (H) of section 15(b)(4)''; (2) by striking ``subparagraph (B) of such paragraph (4)'' and inserting ``section 15(b)(4)(B)''; and (3) by striking ``subparagraph (C) of such paragraph (4)'' and inserting ``section 15(b)(4)(C)''. SEC. 6. BROADENING OF PENNY STOCK BAR. Section 15(b)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)(6)) is amended-- (1) in subparagraph (A)-- (A) by striking ``of any penny stock'' and inserting ``of any noncovered security''; (B) by striking ``of penny stock'' and inserting ``of any noncovered security''; and (C) in clause (i), by striking ``or omission enumerated'' and all that follows through the semicolon and inserting ``, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of paragraph (4)''; (2) in subparagraph (B)-- (A) by striking ``an offering of penny stock'' each place that term appears and inserting ``any securities offering''; and (B) in clause (iii), by striking ``such a person'' and inserting ``a person as to whom an order under section 21(d)(5) or subparagraph (A) of this paragraph is in effect''; and (3) by striking subparagraph (C) and inserting the following: ``(C) For purposes of this paragraph-- ``(i) the term `noncovered security' means any security other than those described in paragraphs (1) and (2) of section 18(b) of the Securities Act of 1933 (15 U.S.C. 77r(b)); and ``(ii) the term `participation in an offering of noncovered securities'-- ``(I) means acting as a promoter, finder, consultant, or agent, or engaging in activities with a broker, dealer, or issuer for purposes of the issuance of or trading in any noncovered security, or inducing or attempting to induce the purchase or sale of any noncovered security; ``(II) includes other activities that the Commission specifies by rule or regulation; and ``(III) excludes any person or class of persons, in whole or in part, conditionally or unconditionally, that the Commission, by rule, regulation, or order, may exclude.''. SEC. 7. COURT AUTHORITY TO PROHIBIT OFFERINGS OF NONCOVERED SECURITIES. Section 21(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)) is amended-- (1) by striking ``(d)(1) Whenever'' and inserting the following: ``(d) Authority of Courts and Commission for Violations.-- ``(1) Court actions.--Whenever''; (2) in paragraphs (2) and (3), by moving each of the margins in those paragraphs 2 ems to the right; and (3) by adding at the end the following: ``(5) Court authority to prohibit persons from participating in offering of noncovered securities.-- ``(A) In general.--In any proceeding under paragraph (1), the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person that violated section 10(b) or the rules or regulations issued thereunder in connection with any transaction in any noncovered security from participating in an offering of a noncovered security. ``(B) Definitions.--For purposes of this paragraph-- ``(i) the term `noncovered security' means any security other than those described in paragraphs (1) and (2) of section 18(b) of the Securities Act of 1933 (15 U.S.C. 77r(b)); and ``(ii) the term `participation in an offering of noncovered securities'-- ``(I) means acting as a promoter, finder, consultant, or agent, or engaging in activities with a broker, dealer, or issuer for purposes of the issuance of or trading in any noncovered security, or inducing or attempting to induce the purchase or sale of any noncovered security; ``(II) includes other activities that the Commission specifies by rule or regulation; and ``(III) excludes any person or class of persons, in whole or in part, conditionally or unconditionally, that the Commission, by rule, regulation, or order, may exempt.''. SEC. 8. BROADENING OF OFFICER AND DIRECTOR BAR. Section 21(d)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(2)) is amended-- (1) by striking ``of this title or that'' and inserting ``, that''; and (2) by striking ``of this title if'' and inserting ``, or the securities of which are quoted in any quotation medium, if''. SEC. 9. VIOLATIONS OF COURT ORDERED BARS. (a) In General.--Section 21 of the Securities Exchange Act of 1934 (15 U.S.C. 78u) is amended by adding at the end the following: ``(j) Bar on Participation.--It shall be unlawful for any person, against which an order under paragraph (2) or (5) of subsection (d) is in effect, to serve as officer, director, or participant in any offering involving a noncovered security (as defined in subsection (d)(5)(B)) in contravention of that order.''. (b) Conforming Amendment.--Section 21(d)(3)(D) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(D)) is amended by inserting ``or relating to a violation of subsection (j) of this section,'' before ``each separate''.

Microcap Fraud Prevention Act of 2001 - Amends the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, and the Investment Company Act of 1940 to direct the Securities and Exchange Commission (SEC) to enjoin the activities of any broker, dealer, or investment adviser who: (1) is subject to an SEC order barring or suspending such person's right to be associated with a broker or dealer; (2) has been found by a foreign financial regulatory authority to have violated foreign statutes or regulations governing transactions in securities, banking, and insurance; (3) failed reasonably to supervise with a view to preventing securities, banking, or insurance violations; or (4) is subject to any order of a State regulatory authority barring such person from either engaging in the business of securities, insurance, or banking, or from association with an entity engaged in such businesses. Includes both municipal, and government securities dealers and brokers within the sweep of such regulation.Amends the Securities Exchange Act of 1934 to: (1) extend the penny stock bar to any noncovered security; and (2) make it unlawful for any person who is the subject of certain enforcement sanctions to serve as officer, director, or participant in any offering involving a noncovered security.Authorizes a court to prohibit violators of certain SEC anti-fraud rules from participating in an offering of a noncovered security.Bars persons subject to specified court orders from serving as officers, directors, or participants in any offering involving a noncovered security.

A bill to allow Federal securities enforcement actions to be predicated on State securities enforcement actions, to prevent migration of rogue securities brokers between and among financial services industries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Market Incentives for Biobased Products Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) There is significant potential for replacing petroleum- based products with products made using farm-grown biomass. (2) The biobased industry provides value-added opportunities for farmers and environmentally friendly options for consumers. (3) The Federal Government can play an important role in the promotion of the biobased industry through procurement of biobased products. (4) A labeling program for biobased products would provide consumers with basic, reliable information about these products and raise awareness of their environmental benefits. (5) By developing the market for biobased products, the Federal Government also encourages increased investment and employment opportunities in rural America. (6) By reducing the use of petroleum and increasing reliance on farm-grown raw materials, the Nation will decrease its needs for imported petroleum. SEC. 3. AMENDMENTS RELATING TO FEDERAL PROCUREMENT AND LABELING OF BIOBASED PRODUCTS. (a) Procurement Guideline Considerations.--Section 9002(e)(2)(B) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102(e)(2)(B)) is amended by striking ``life cycle costs'' and inserting ``information on life cycle costs if such information is appropriate and available''. (b) Labeling Requirements and Revised Deadline.--Section 9002(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102(h)) is amended-- (1) in paragraph (2)-- (A) by striking ``Within one year after the date of enactment of this Act'' and inserting ``Not later than 90 days after the date of enactment of the Market Incentives for Biobased Products Act of 2007,''; and (B) by adding at the end the following: ``Criteria shall be issued for finished products and intermediate ingredients and feedstocks.''; (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and inserting after paragraph (2) the following: ``(3) Consultation.--In developing the eligibility criteria for the labeling program under this section, the Secretary shall consult with other Federal agencies and with non- governmental groups with an interest in biobased products including small and large producers of biobased materials and products, industry, trade organizations, academia, consumer organizations, and environmental organizations.''. (c) Authorization of Appropriations.-- (1) In general.--Paragraph (1) of section 9002(k) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102(k)) is amended to read as follows: ``(1) Authorization of appropriations.-- ``(A) Federal procurement.--There are authorized to be appropriated $1,000,000 for each of fiscal years 2008 through 2013 to implement the provisions of this section other than subsection (h). ``(B) Labeling.--There are authorized to be appropriated $1,000,000 for each of fiscal years 2008 through 2013 to implement subsection (h) of this section.''. (2) Funding for testing of biobased products.--Paragraph (2)(A) of such section is amended by striking ``$1,000,000 for each of fiscal years 2002 through 2007'' and inserting ``$2,000,000 for each of fiscal years 2008 through 2013''. (d) Report Requirements.-- (1) Report by agencies to administrator for federal procurement policy.--Subsection (f) of section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended-- (A) by striking ``The Office of'' and inserting ``(1) The Administrator for''; and (B) by adding at the end the following new paragraph: ``(2) To assist the Administrator for Federal Procurement Policy in preparing the report to Congress required under paragraph (1), each procuring agency each year shall submit to the Administrator a report covering the following: ``(A) Actions taken to implement subsections (c), (d), and (g) of this section. ``(B) The results of the annual review and monitoring program established under subsection (g)(2)(C). ``(C) The number of contracts entered into by the agency during the year covered by the report that include the procurement of biobased products. ``(D) A list of the biobased products procured by the agency during the year covered by the report.''. (2) Report by secretary to congress on implementation of section.--Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended by adding at the end the following new subsection: ``(l) Report by Secretary to Congress on Implementation of Section.--Not later than six months after the date of the enactment of the Market Incentives for Biobased Products Act of 2007, and each year thereafter, the Secretary shall submit to Congress a report on the implementation of this section. The report shall include the following: ``(1) A comprehensive management plan defining tasks, milestones, and funding allocations for fully implementing this section. ``(2) A list of items designated under subsection (e)(1)(A) whose procurement will carry out the objectives of this section, with associated cost and performance data. ``(3) Information on the current status of implementation of the procurement preference under this section, including the procurement program of each Federal agency under subsection (g), and the voluntary labeling program under subsection (h).''.

Market Incentives for Biobased Products Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to revise labeling requirements for federal procurement of biobased products, including providing for consultation with other federal agencies and interested nongovernmental groups. Extends and revises funding provisions to provide for separate authorization of appropriations for: (1) federal procurement; (2) testing; and (3) labeling. Revises reporting provisions.

To amend provisions of title IX of the Farm Security and Rural Investment Act of 2002 relating to Federal procurement of biobased products and labeling of such products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Author, Consumer, and Computer Owner Protection and Security (ACCOPS) Act of 2003''. TITLE I--INCREASED DOMESTIC ENFORCEMENT EFFORTS SEC. 101. AUTHORIZED APPROPRIATIONS. There are authorized to be appropriated for fiscal year 2004, to the Department of Justice for investigation and prosecution of violations of title 17, United States Code, not less than $15,000,000. SEC. 102. NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT COORDINATION COUNCIL. Section 653(b) of title VI of Public Law 106-58 (15 U.S.C. 1128(b)) is amended by adding at the end the following: ``The Council shall develop guidelines to ensure that its component members share amongst themselves law enforcement information related to infringement of United States copyrighted works.'' SEC. 103. ENHANCED CRIMINAL COPYRIGHT REPORTING. Section 2320(f) of title 28, United States Code, is amended by striking ``Beginning with the first year after the date of enactment of this subsection, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28,'' and inserting ``Beginning with the first year after the date of enactment of this subsection, the Attorney General shall submit to the House and Senate Judiciary Committees on a biannual basis,'' TITLE II--INCREASED INTERNATIONAL ENFORCEMENT EFFORTS SEC. 201. INFORMATION SHARING. (a) In General.--Subject to the limitations in section 202, the Attorney General of the United States shall provide to a foreign authority evidence to assist such authority-- (1) in determining whether a person has violated any of the copyright laws administered or enforced by the foreign authority; or (2) in enforcing any of such foreign copyright laws. (b) Examples of Type of Evidence.--Such evidence includes evidence obtained pursuant to criminal complaints or to investigations of violations of sections 2318, 2319, 2319A, and 2320 of title 17, United States Code that explains, analyzes, or describes-- (1) the nature of the violation; (2) the technological means through which violations of the copyright law has occurred; (3) the identity and location of the person who has committed such violation; or (4) the estimated financial loss caused by the violation. SEC. 202. LIMITATIONS. The Attorney General shall not provide evidence under section 201-- (1) that is a matter occurring before a grand jury with respect to which disclosure is prohibited by Federal Rules of Criminal Procedure; (2) that is classified; or (3) that should not be disclosed for national security reasons. TITLE III--ANTI-PIRACY TOOLS SEC. 301. CRIMINAL PENALTIES FOR PLACING WORKS ON COMPUTER NETWORKS. Section 506(a) of title 17, United States Code, is amended-- (1) by striking ``, United States Code''; and (2) by adding at the end the following: ``For purposes of section 2319(b) of title 18, the placing of a copyrighted work, without the authorization of the copyright owner, on a computer network accessible to members of the public who are able to copy the work through such access shall be considered to be the distribution, during a 180-day period, of at least 10 copies of that work with a retail value of more than $2,500.''. SEC. 302. NOTICE AND CONSENT. (a) In General.--Chapter 89 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1822. Notice and consent relating to certain software ``(a) Whoever knowingly offers enabling software for download over the Internet and does not-- ``(1) clearly and conspicuously warn any person downloading that software, before it is downloaded, that it is enabling software and could create a security and privacy risk for the user's computer; and ``(2) obtain that person's prior consent to the download after that warning; shall be fined under this title or imprisoned not more than 6 months, or both. ``(b) As used in this section, the term `enabling software' means software that, when installed on the user's computer, enables 3rd parties to store data on that computer, or use that computer to search other computers' contents over the Internet.''. (b) Amendment to Table of Sections.--The table of sections at the beginning of chapter 89 of title 18, United States Code, is amended by adding at the end the following new item: ``1822. Notice and consent relating to certain software.''. SEC. 303. CRIMINAL PENALTIES FOR FALSE INFORMATION IN REGISTRATION OF DOMAIN NAMES. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 1037. Fraudulent information in registering domain name ``(a) Offense.--Whoever knowingly and with intent to defraud provides material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering a domain name shall be fined under this title or imprisoned not more than 5 years, or both. ``(b) Definitions.--In this section-- ``(1) the term `domain name' means any alphanumeric designation which is registered with or assigned by a domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet; and ``(2) the term `Internet' has the meaning given that term in section 230(f)(1) of the Communications Act of 1034 (47 U.S.C. 230(f)(1)).''. (b) Conforming Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following new item: ``1037. Fraudulent information in registering domain name.''. SEC. 304. PREVENTION OF SURREPTITIOUS RECORDING IN THEATERS. Section 506(a) of title 17, United States Code, is amended-- (1) in paragraph (1), by striking ``or'' after the comma; (2) in paragraph (2), by inserting ``or'' after ``$1,000,''; and (3) by inserting after paragraph (2) the following: ``(3) by the unauthorized reproduction or recording of a motion picture as it is being performed or displayed in a motion picture theater,''. SEC. 305. EVIDENTIARY STANDARDS FOR CRIMINAL WILLFULNESS. (a) Offense.--Section 506(a) of title 17, United States Code, as amended by section 301 of this Act, is further amended by adding at the end the following: ``The knowing and intentional provision of material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering a domain name shall be considered evidence of willfulness with respect to infringements committed by the domain name registrant through the use of that domain name.''. (b) Definition.--Section 506 of title 17, United States Code, is amended by adding at the end the following: ``(g) Definitions.--In this section-- ``(1) the term `domain name' means any alphanumeric designation which is registered with or assigned by a domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet; and ``(2) the term `Internet' has the meaning given that term in section 230(f)(1) of the Communications Act of 1034 (47 U.S.C. 230(f)(1)).''.

Author, Consumer, and Computer Owner Protection and Security (ACCOPS) Act of 2003 - Amends Federal law to require the National Intellectual Property Law Enforcement Coordination Council to develop guidelines to ensure that its component members share among themselves law enforcement information related to infringement of U.S. copyrighted work. Requires the Attorney General to report biannually (currently, annually) to specified congressional committees on criminal copyright cases. Requires the Attorney General, subject to specified limitations, to provide to a foreign authority evidence to assist it in: (1) determining whether a person has violated any of the copyright laws administered or enforced by the foreign authority; and (2) enforcing such laws. Establishes criminal penalties for the unauthorized placing of a copyrighted work on a computer network accessible to members of the public who are able to copy the work through such access. Establishes criminal penalties for any person who knowingly offers for download over the Internet enabling software (that, when installed on the user's computer, enables third parties to store data on that computer, or use that computer to search other computers' contents over the Internet) without warning any person downloading such software that it could create a security and privacy risk for the user's computer, and without obtaining the user's prior consent. Establishes criminal penalties for persons who: (1) provides knowingly and intentionally fraudulent information in registering domain name; or (2) willfully infringe a copyright by the unauthorized reproduction or recording of a motion picture as it is being performed or displayed in a motion picture theater. Declares that the knowing and intentional provision of material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering such domain shall be considered evidence of willfulness regarding infringements committed by the domain name registrant through the use of such domain.

To encourage the development and distribution of creative works by enhancing domestic and international enforcement of the copyright laws, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Fairness in Tobacco and Nicotine Regulation Act of 1993''. (b) Reference.--Whenever in this Act (other than sections 5(b)(1) and 5(b)(2)) an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act. SEC. 2. FINDINGS. The Congress finds that-- (1) Cigarette smoking and tobacco use account for approximately 450,000 deaths each year in the United States. (2) Cigarette smoking accounts for approximately $65 billion in lost productivity and health care costs. (3) Environmental tobacco smoke is a cause of disease in nonsmokers. (4) In spite of well established dangers of cigarette smoking and tobacco use, no Federal regulatory agency has the authority to regulate the manufacture, sale, distribution, labeling, and advertising of such products. (5) Tobacco is as addictive as cocaine and heroin. (6) The tobacco industry spends approximately $4 billion each year to promote its products. (7) The tobacco industry's voluntary advertising code which was enacted to prohibit the use of images of sexual attraction, sophistication, and athletic abilities and the making of implied health claims has for the last 30 years not been followed or enforced. (8) Each day 3,000 children try cigarettes for the first time and many become life-long addicted smokers. (9) There is no Federal minimum age of sale of cigarettes and tobacco products. (10) The labeling of tobacco products is inadequate as to provide smokers and nonsmokers alike with full and complete information about tobacco products. (11) The tobacco industry adds chemical additives to their products that are neither disclosed to the public or tested for health and safety in a comparable manner to food. (12) There is no listing of chemical constituents found in mainstream and sidestream smoke (including benzene, arsenic, cyanide, etc.). (13) The Food and Drug Administration is the most qualified Federal agency to comprehensively regulate tobacco products. (14) It is inconsistent for the Food and Drug Administration to regulate the manufacture, sale, distribution, labeling, advertising, and promotion of other nicotine containing products used as substitutes for cigarette smoking and tobacco use and not be able to regulate tobacco products in a comparable manner. SEC. 3. DEFINITIONS. Section 201 (21 U.S.C. 321) is amended by adding at the end thereof the following new paragraphs: ``(gg) The term `tobacco product' means cigarettes, cigars, little cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco. ``(hh) The term `tobacco additive' means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any tobacco product. ``(ii) The term `constituent' means any element of cigarette mainstream or sidestream smoke which is present in quantities which represent a potential health hazard or where the health effect is unknown. ``(jj) The term `tar' means mainstream total articulate matter minus nicotine and water. SEC. 4. ENFORCEMENT. Section 301 (21 U.S.C. 331) is amended by adding at the end thereof the following new subsection: ``(u) The manufacture, labeling, sale, distribution, advertising, and promotion of tobacco products in violation of regulations of the Secretary pursuant to section 701.'' SEC. 5. REGULATION OF TOBACCO PRODUCTS. (a) Regulation.--The Federal Food, Drug, and Cosmetic Act is amended by redesignating chapters VII, VIII, and IX as chapters VIII, IX, and X, respectively, and by adding after chapter VI the following: ``CHAPTER VII--TOBACCO PRODUCTS ``regulations ``Sec. 701. (a) Promulgation.--The Secretary shall promulgate regulations governing the manufacture, distribution, sale, labeling, and advertising and promotion of tobacco products which are consistent with the manner in which other products which are ingested into the body are regulated, except that the Secretary may not promulgate a regulation which prohibits the sale and distribution of a tobacco product solely on the basis of the fact that tobacco causes disease. Such regulations shall be promulgated not later than 12 months after the date the Secretary receives the recommendations of the Tobacco and Nicotine Products Advisory Committee under section 702(e). ``(b) Minimum Requirements.-- ``(1) Sale or distribution.--Regulations under subsection (a) shall with respect to the sale or distribution of tobacco products make unlawful-- ``(A) the sale of a tobacco product intended for use by man to any person under the age of 18 years or under such other age greater than 18 years as the State in which the sale occurs may establish by law, ``(B) the distribution of a tobacco product as a free sample or the distribution of a tobacco product as a result of coupons or other materials which allow for the obtaining of free or discounted tobacco products, or ``(C) the sale or distribution of a tobacco product if the label fails to carry the following statement: ``Federal Law Prohibits Sale To Minors''. The Secretary shall enforce this paragraph in a manner that can reasonably be expected to ensure that tobacco products are not made available to individuals under the age of 18 years. ``(2) Labeling.-- ``(A) In general.--Regulations under subsection (a) with respect to the labeling of tobacco products shall require that a tobacco product shall be deemed misbranded if-- ``(i) it is not in compliance with the labeling requirements of the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986, ``(ii) it does not include a warning and information about the dangers associated with environmental tobacco smoke, ``(iii) it does not provide a list of chemical additives and constituents found in tobacco products and tobacco smoke, or ``(iv) it contains any implied or direct health claim, including the use of such terms as light, lower tar, medium, lowest, or nicotine free, unless such terms have been approved by the Secretary on the basis of sound scientific data and the Secretary determines that such terms will have a significant impact on the health consequences associated with cigarette smoking and other tobacco use. ``(B) Specific information.--The Secretary may include in regulations under subsection (a) relating to labeling of tobacco products labeling requirements requiring manufacturers of tobacco products to provide to consumers by way of labeling of packages, package inserts, or other means-- ``(i) information about the adverse effects of tobacco products, ``(ii) adequate warnings and directions for use, ``(iii) contraindications, ``(iv) adequate warnings against use in pathological conditions, and ``(v) any other information deemed necessary by the Secretary.''. ``(3) Advertising and Promotion.-- ``(A) Consistency.--Regulations under subsection (a) with respect to the advertising and promotion of tobacco products shall be consistent with regulations governing the advertising and promotion of prescription drugs, especially such drugs which contain nicotine. ``(B) Sponsorship.--In such regulations, the Secretary shall make it unlawful for any sporting event, cultural event, or any other event or function open to the public to be sponsored by a tobacco manufacturer who at such event or function displays the name or logo of any brand of cigarettes or tobacco product of such manufacturer. ``(C) Construction.--Such regulations and the authority provided the Secretary does not repeal or modify the authority of the Federal Trade Commission in carrying out its responsibilities. ``(4) Manufacturing.--Regulations under subsection (a) governing the manufacture of tobacco products shall-- ``(A) require that all additives used in the manufacture of tobacco products are safe, ``(B) classify as a drug any nicotine containing product which does not meet the definition of a tobacco product, and ``(C) have the authority to subpoena any document which relates to the manner in which tobacco products are manufactured. ``advisory committee ``Sec. 702. (a) Establishment.--To assist in the development of regulations required by section 701, there is established in the Food and Drug Administration a Tobacco and Nicotine Products Advisory Committee (hereinafter in this section referred to as the ``advisory committee''). ``(b) Membership.-- ``(1) Secretarial appointments.--The Secretary shall appoint to the advisory committee 10 individuals who are qualified by training and experience to evaluate and make recommendations for the issuance of regulations governing the manufacture, distribution, sale, labeling, and advertising and promotion of tobacco products which, to the greatest extent practical, promote and protect the public's health without banning the product. The 10 members shall consist of-- ``(A) one expert in the field of nicotine addiction, ``(B) one expert in the field of pharmacology, ``(C) one expert in the field of food and drug law, ``(D) one expert in the field of marketing and promotion of products, ``(E) one expert in the field of public education, ``(F) one expert in the field of toxicology, ``(G) two representing the interests of family medicine, internal medicine, or pediatrics, and ``(H) two consumer representatives from the public health community. ``(2) Ex officio.--The Directors of the National Cancer Institute, the National Heart, Lung, and Blood Institute, the National Institute of Drug Abuse, the Centers for Disease Control and Prevention, and the Surgeon General of the United States shall serve as ex officio members of the advisory committee. ``(3) Chairman.--The chairman of the advisory committee shall be appointed by the Secretary with the advice and consent of the Commissioner of Food and Drugs. ``(4) Appointment date.--The Secretary shall make appointments to the advisory committee within 60 days of the date of the enactment of this section. ``(c) Function.--The advisory committee shall give specific consideration to-- ``(1) reviewing the available scientific evidence on the effects of tobacco products on human health, including the effects of environmental tobacco smoke on nonsmokers, ``(2) reviewing the manufacturing process of tobacco products, including the use of additives, sprayed on chemicals, product development, and product manipulation, ``(3) reviewing the role of nicotine as part of the smoking habit, including its addictive properties and health effects, ``(4) reviewing the marketing and promotional techniques used by tobacco manufacturers in selling their products, and ``(5) reviewing current Federal, State, and local laws governing the manufacture, distribution, sale, labeling, and advertising and promotion of tobacco products. ``(d) Authority.--The advisory committee may for the purpose of carrying out its functions hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the advisory committee deems appropriate. ``(e) Recommendations.--The advisory committee shall make recommendations respecting the issuance of regulations under section 701 within 12 months of the appointment of the 10 members of the advisory committee. ``registration ``Sec. 703. Each tobacco product manufacturer shall register with the Secretary. Any such manufacturer who is in business on the date of the enactment of this Act shall register with the Secretary not later than 120 days after the date of the enactment of this section. ``tobacco product manufacturer fee ``Sec. 704.(a) Fee purpose.--For the purpose of paying the costs of implementing this chapter, each tobacco product manufacturer shall pay an annual fee established pursuant to paragraph (2). Such fee shall be payable on or before January 31 of each year. ``(b) Establishment by the Secretary.--Subject to the amount established in appropriation Acts, the annual tobacco product manufacturer fee shall be determined by the Secretary based upon the total market share for each brand of tobacco product. ``(c) Crediting and Availability of Fees.-- ``(1) In general.--Fees collected for a fiscal year pursuant to subsection (a) shall be credited to the appropriation account for salaries and expenses of the Food and Drug Administration and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. ``(2) Collections and appropriation acts.--The fees authorized by subsection (a)-- ``(A) shall be collected in each fiscal year in an amount equal to the amount specified in appropriation Acts for such fiscal year, and ``(B) shall only be collected and available to defray the costs of implementing this chapter.''. (b) Conforming Amendments.-- (1) Tobacco labeling and advertising.--The Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et seq.) is amended-- (A) in section 4 (15 U.S.C. 1333) by striking out ``SURGEON GENERAL'S WARNING: Cigarette Smoke Contains Carbon Monoxide'' each place it appears and inserting in lieu thereof ``SURGEON GENERAL'S WARNING: Smoking is Addictive. Once You Start You May Not Be Able to Stop'', and (B) by repealing sections 5(b) and 7 (15 U.S.C. 1334(b), 1335a). (2) Smokeless tobacco.--The Comprehensive Smokeless Tobacco Health Education Act of 1986 is amended-- (A) in section 3(a)(1) (15 U.S.C. 4402(a)(1)), by striking out the close quotation marks and the period following at the end and inserting the following: ``WARNING: THIS PRODUCT IS ADDICTIVE. ONCE YOU START YOU MAY NOT BE ABLE TO QUIT'.'', (B) in section 3(b)(1) (15 U.S.C. 4402(b)(1), by inserting in the matter in subparagraph (B) the following: (3) Records of interstate shipment.--Section 703 (21 U.S.C. 373) is amended-- (A) by striking out ``or cosmetics'' and inserting in lieu thereof ``cosmetics, or tobacco products'', and (B) by striking out ``or cosmetic'' and inserting in lieu thereof ``cosmetic, or tobacco product''. (4) Factory inspection.--Section 704 (21 U.S.C. 374) is amended-- (A) in subsection (a)(1), by striking out ``or cosmetics'' and inserting in lieu thereof ``cosmetics, or tobacco products'', (B) in subsection (a)(1), by striking out ``or restricted devices'' each place it appears and inserting in lieu thereof ``, restricted devices, or tobacco products'', and (C) in subsection (b), by striking out ``or cosmetic'' and inserting in lieu thereof ``cosmetic, or tobacco product''. (5) Redesignations.--Sections 701 through 711 are redesignated as sections 801 through 811, respectively, section 721 is redesignated as section 821, sections 731 through 736 are redesignated as sections 831 through 836, respectively, sections 801 through 803 are redesignated as sections 901 through 903, respectively, sections 901 through 903 are redesignated as sections 1001 through 1003, respectively, and the references to the redesignated sections are changed to refer to the sections as redesignated. (c) Secretarial Authority.--The Secretary of Health and Human Services may, by regulation-- (1) modify the warning labels required by the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 if the modification in the content of the label does not weaken the health message contained in the label and is in the best interests of the public health, and (2) increase the size and placement of such required labels. HR 2147 IH----2

Fairness in Tobacco and Nicotine Regulation Act of 1993 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require the Secretary of Health and Human Services to promulgate regulations governing the manufacture, distribution, sale, labeling, and advertising and promotion (manufacture) of tobacco products which are consistent with regulations governing other products which are ingested, but bars the Secretary from outlawing the sale and distribution of a tobacco product solely because tobacco causes disease. Sets minimum requirements pursuant to such regulations, including a prohibition on the sale or distribution of tobacco products to minors. Establishes in the Food and Drug Administration (FDA) the Tobacco and Nicotine Products Advisory Committee which shall review: (1) the available scientific evidence on the effects of tobacco products on human health, including the effects of environmental tobacco smoke on nonsmokers; (2) the manufacturing process of tobacco products; (3) the role of nicotine as part of the smoking habit; (4) the marketing and promotional techniques used by tobacco manufacturers; and (5) current Federal, State, and local laws governing the manufacture of tobacco products. Requires each tobacco product manufacturer to: (1) register with the Secretary; and (2) pay an annual fee determined by the Secretary based upon the total market share for each brand of tobacco product. Credits fees collected for a fiscal year to the appropriation account for salaries and expenses of the FDA. Amends: (1) the Federal Cigarette Labeling and Advertising Act (FCLAA) and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (CSTHEA) to modify warning labels to emphasize the addictive nature of smoking; and (2) the FFDCA to include tobacco products within recordkeeping requirements applicable to the interstate shipment and factory inspection of food, drugs, devices, and cosmetics. Authorizes the Secretary to: (1) modify the warning labels required by the FCLAA and CSTHEA if the modification in the content of the label does not weaken the health message and is in the best interests of the public health; and (2) increase the size and placement of such required labels.

Fairness in Tobacco and Nicotine Regulation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parental Involvement Enhancement Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Research indicates that, regardless of economic, ethnic, or cultural background, parental involvement in a child's education is a major factor in determining success in school. (2) Parental involvement in a child's education contributes to such positive outcomes as improved grades and test scores, higher expectations for student achievement, better school attendance, improved rates of homework completion and graduation from secondary schools, decreased violence and substance abuse, and higher rates of graduation from and enrollment in postsecondary schools. (3) According to the Department of Education study entitled ``Strong Families, Strong Schools'', in elementary schools where parents were actively involved, the average fourth grade reading scores were 17 points above the national average. (4) According to the National Commission on Children, more than 70 percent of students ages 10 to 13, and more than 50 percent of students ages 14 to 17, would like to talk to their parents more about school and schoolwork. (5) Ninety-five percent of parents strongly agree that parental involvement is as important a factor as quality of teachers in ensuring student success in school, and 69 percent of parents believe that in order to improve public schools, more opportunities for parental involvement are necessary. (6) Of the 800 parents questioned under the National Parent Teacher Association's 1998 survey of public school parents, more than half stated that low levels of parental involvement and the inability of schools to keep parents informed are serious problems. (7) Teachers rank strengthening parental roles in their children's education as an important issue that should receive the highest priority in the formulation of public education policy over the next few years. SEC. 3. GRANT PROGRAM. (a) In General.--Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding at the end the following new part: ``PART G--PARENTAL INVOLVEMENT ``SEC. 1701. PARENTAL INVOLVEMENT GRANT PROGRAM. ``(a) In General.--In accordance with this section, the Secretary may make grants to elementary schools or secondary schools to promote the involvement of parents in the education of their children. ``(b) Use of Funds.--Each school receiving a grant under this section may use the proceeds of such grant only-- ``(1) for educational or outreach materials or resources designed to increase parental involvement in their children's education; or ``(2) to pay the salary or benefits of an individual who is an eligible parent liaison as described in subsection (c). ``(c) Eligible Parent Liaisons.--For the purposes of this section, an individual shall be an eligible parent liaison if the individual is employed by the school to be a parent liaison and meets each of the following criteria: ``(1) The individual holds a degree in social work, counseling, psychology, human resources, or any other field that the school considers relevant to performing the functions described in paragraph (3). ``(2) The individual is bilingual or multilingual, if appropriate for the needs of the school. ``(3) The individual is responsible for-- ``(A) facilitating communication between the school's teachers and the parents of the school's students, especially parents who have limited English proficiency; ``(B) if national or State tests or assessments are conducted at the school, explaining to such parents how such tests or assessments work and what the results mean; and ``(C) if the school provides report cards, explaining to such parents what such report cards mean. ``(4) The individual maintains a flexible schedule that allows the individual to perform the functions described in paragraph (3) while accommodating the needs of working parents. ``(d) Application.-- ``(1) In general.--Each school seeking a grant under this section shall submit to the Secretary an application that includes-- ``(A) a description of the school's student population, including information on the socioeconomic status and the English-speaking ability of the students; ``(B) a plan describing how the school seeks to increase parental involvement at the school, including information on-- ``(i) the number of eligible parent liaisons the school plans to employ; ``(ii) the activities the school plans to conduct to increase parental involvement; and ``(iii) the materials or resources that the school plans to acquire to increase parental involvement; and ``(C) a description of how the school will evaluate the materials and resources acquired, and the success of the activities carried out, with the grant. ``(2) Parental input.--Each application submitted under this paragraph (including the plan described in paragraph (1)(B)) shall be developed with the input of parents of students at the school submitting the application. ``(e) Selection Criteria.--In making grants under this section, the Secretary shall give preference-- ``(1) to schools that have a large percentage of students whose parents have limited English proficiency; and ``(2) to schools at which the involvement of parents in the education of their children has traditionally been low. ``(f) Parental Involvement in Hiring Decisions.--As a condition of the receipt of funds made available under this section, the Secretary shall require that each school receiving such funds involve each of the following when making a hiring decision with respect to an eligible parent liaison hired with such funds: ``(1) The parents of the students at the school. ``(2) Any local parent organization active in the affairs of the school.''. (b) Authorization of Appropriations.--Section 1002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended by adding at the end the following new subsection: ``(h) Parental Involvement.--There is authorized to be appropriated to carry out part G $100,000,000 for fiscal year 2002.''.

Parental Involvement Enhancement Act - Amends the Elementary and Secondary Education Act of 1965 to establish a Parental Involvement grant program. Authorizes the Secretary of Education to make such grants to elementary and secondary schools. Allows use of such grant funds only for: (1) educational or outreach materials or resources designed to increase parental involvement in their children's education; or (2) the salary or benefits of an individual who is an eligible parent liaison. Requires the Secretary, in making such grants, to give preference to: (1) schools with a large percentage of students whose parents have limited English proficiency; and (2) schools at which the involvement of parents in the education of their children has traditionally been low. Requires grantee schools to involve students' parents and parent organizations in hiring decisions regarding eligible parent liaisons.

To amend the Elementary and Secondary Education Act of 1965 to authorize a grant program to enhance parental involvement in elementary and secondary schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Disease Emergency Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Coordinator.--The term ``coordinator'' means an individual designated to coordinate the response to a marine disease emergency under section 3(d). (2) Data repository.--The term ``Data Repository'' means the National Data Repository for Marine Diseases Research and Services established under section 6. (3) Exclusive economic zone.--The term ``exclusive economic zone'' means the exclusive economic zone of the United States established by Presidential Proclamation No. 5030, of March 10, 1983. (4) Fund.--The term ``Fund'' means the Marine Disease Emergency Fund established under section 5. (5) Marine disease.--The term ``marine disease'' means a pathological condition that-- (A) is caused by a living organism; (B) occurs in a population of marine species; and (C) appears to be infectious. (6) Marine disease emergency.--The term ``marine disease emergency'' means an event that-- (A) affects the marine environment; (B) is caused by a marine disease or environmental stressor; (C) is likely to threaten the sustainability of a marine species or the health of a marine ecosystem; and (D) is likely to expand in geographic scope. (7) Marine environment.--The term ``marine environment'' means those areas of coastal, ocean, and estuarine waters over which the United States has jurisdiction, including the exclusive economic zone, consistent with international law. (8) Marine species.--The term ``marine species'' means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. (9) Secretary.--The term ``Secretary'' means the Secretary of Commerce acting through the Administrator of the National Oceanic and Atmospheric Administration. (10) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the United States Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe. (11) Working group.--The term ``Working Group'' means the Marine Disease Emergency Working Group established under section 4. SEC. 3. DECLARATION OF MARINE DISEASE EMERGENCY AND RESPONSE. (a) In General.--The Secretary may declare a marine disease emergency in accordance with subsection (b). (b) Declaration Procedure.--After receiving notice that a marine disease emergency may be occurring, the Secretary shall, to the extent practicable-- (1) not later than 24 hours after receiving such notice, contact members of the Working Group for guidance on whether the event is a marine disease emergency; and (2) not later than 7 days after receiving such notice, declare whether the event is a marine disease emergency. (c) Effect of Declaration.-- (1) Powers of secretary.--Upon declaring a marine disease emergency under subsection (b), and subject to the availability of appropriations, the Secretary may take such actions as may be appropriate to respond to the emergency, including making grants, providing awards for expenses, entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of the emergency. (2) Response activities.--As soon as possible after declaring a marine disease emergency, the Secretary shall carry out the activities described in subsections (d) and (e) with respect to the emergency. (d) Designation of Coordinator.-- (1) In general.--The Secretary shall designate an individual to coordinate the response to each marine disease emergency declared under subsection (b). (2) Duties of coordinator.--The coordinator, under the supervision of the Secretary, shall lead a response to the emergency that may include Federal, State, regional, and local agencies, nongovernmental organizations, and other persons as appropriate. (3) Assistant coordinators.--The Secretary may designate one or more individuals to assist the coordinator in carrying out the duties described in paragraph (2). (e) Development of Response Plan.-- (1) In general.--Not later than 21 days after declaring a marine disease emergency under subsection (b) the Secretary shall, in consultation with the Working Group and coordinator, develop a written response plan for each marine disease emergency. (2) Contents.--The plan described in paragraph (1) shall include, at minimum-- (A) a list of persons at appropriate Federal, regional, State, and local agencies who can assist the Secretary in implementing a coordinated and effective response to the marine disease emergency; (B) a description of the steps necessary to diagnose the cause of the marine disease emergency; (C) training, mobilization, and utilization procedures for personnel, facilities, and other resources necessary to conduct a rapid and effective response to the marine disease emergency; (D) an assessment of the potential effects of the marine disease emergency on populations of marine species; and (E) strategies to minimize morbidity and mortality in marine species and minimize transmission of the disease. (3) Publication.--Not later than 21 days after declaring a marine disease emergency under subsection (b) the Secretary shall publish a summary of the plan on a publicly accessible Internet website of the National Oceanic and Atmospheric Administration. (f) Termination of Marine Disease Emergency.-- (1) In general.--A marine disease emergency declared under subsection (b) shall terminate on the date on which the Secretary declares that the emergency no longer exists, or upon the expiration of the 120-day period beginning on the date on which the declaration is made by the Secretary under subsection (b), whichever occurs first. (2) Renewal of declaration.--A declaration that terminates under paragraph (1) may be renewed by the Secretary and the time limitations in paragraph (1) shall apply with respect to each such renewal. (g) Report.--Not later than 90 days after the termination of a marine disease emergency declared under subsection (b), the Secretary shall-- (1) submit to Congress a report describing-- (A) the cause and environmental impact of the marine disease emergency; (B) the response to the marine disease emergency and recommendations, if any, for improving responses to future marine disease emergencies; and (C) recommendations, if any, for preventing future marine disease emergencies; and (2) publish the report on a publicly accessible Internet website of the National Oceanic and Atmospheric Administration. SEC. 4. MARINE DISEASE EMERGENCY WORKING GROUP. (a) Establishment.--There is established in the National Oceanic and Atmospheric Administration a Working Group to be known as the ``Marine Disease Emergency Working Group''. (b) Duties.--The Working Group shall-- (1) advise the Secretary on risk assessment, preparation, monitoring, research, and response to marine diseases that may significantly impact the health and sustainability of marine species and ecosystems; (2) advise the Secretary in determining whether a marine disease emergency should be declared or terminated; (3) assist the Secretary in drafting response plans under section 3(e); (4) assist the Secretary in drafting reports under section 3(g); and (5) consult with the Director of the Data Repository established under section 6 to ensure the quality and availability of the data contained therein. (c) Membership.-- (1) Composition.--Subject to paragraph (3), the Working Group shall be composed of 7 members as follows: (A) The Secretary or the Secretary's designee. (B) The Administrator of the United States Animal and Plant Health Inspection Service or the Administrator's designee. (C) The Director of the United States Fish and Wildlife Service or the Director's designee. (D) The Director of the United States Geological Survey or the Director's designee. (E) Three members, appointed by the President, who have specialized knowledge and expertise in epidemiology, ecology, or microbiology, or expertise in responding to disease outbreaks or ecological disasters. (2) Limitation.--A member appointed under paragraph (1)(E) shall not be an employee of an agency (as defined in section 551 of title 5, United States Code). If any such member becomes an employee of an agency, that member may continue as a member for not longer than the 30-day period beginning on the date the member becomes an employee of an agency. (3) Temporary members.--The Secretary may appoint additional members to the Working Group to serve during a marine disease emergency declared under section (3)(b). (4) Terms.-- (A) Non-agency members.--Each member appointed under paragraph (1)(E) shall be appointed for a term of 2 years and may be reappointed thereafter by the President. (B) Temporary members.--The term of each member appointed under paragraph (3) shall expire 90 days after the date on which the marine disease emergency for which that member was appointed is terminated under section 3(f). (5) Vacancies.--A vacancy in the Working Group shall be filled in the manner in which the original appointment was made. (6) Basic pay.--Members of the Working Group shall serve without pay. (7) Travel expenses.--Subject to the availability of appropriations, each member of the Working Group shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (8) Chairperson.--The Secretary, or a designee of the Secretary, shall be the Chairperson of the Working Group. (9) Meetings.--The Secretary shall convene the Working Group not later than 30 days after the date of the enactment of this Act. Thereafter, the Working Group shall meet not less than annually and may also meet at the call of the Chairperson or a majority of its members. (d) Staffing and Assistance.--The Secretary shall make available to the Working Group any staff, information, administrative services, or assistance the Secretary considers reasonably required to enable the Working Group to carry out its duties. (e) Termination.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Working Group. SEC. 5. ESTABLISHMENT OF MARINE DISEASE EMERGENCY FUND. (a) Establishment.--There is established in the Treasury a fund to be known as the ``Marine Disease Emergency Fund'' which shall be administered by the Secretary. Amounts in the fund shall be made available without fiscal year limitation, and subject to appropriations, to carry out this Act. (b) Amounts.--The Fund shall consist of-- (1) amounts appropriated to the Fund; and (2) amounts received by the Secretary as donations, gifts, or contributions for the purpose of addressing marine disease emergencies. (c) Use of Fund.--Amounts in the Fund shall be used only to respond to a marine disease emergency declared under section 3(b). (d) Supplement Not Supplant.--Amounts from the Fund shall be used to supplement and not supplant other Federal, State, regional, and local public funds provided for activities under this Act. SEC. 6. NATIONAL DATA REPOSITORY FOR MARINE DISEASES RESEARCH AND SERVICES. (a) In General.--The Secretary shall establish a National Data Repository for Marine Diseases Research and Services. Subject to the availability of appropriations, the Secretary shall enter into a contract with an entity eligible under subsection (c) to develop and administer such repository. (b) Purpose.--The purpose of the Data Repository shall be to-- (1) collect, store, and disseminate information regarding research, data, findings, and technical assistance materials related to marine diseases; (2) facilitate the development, coordination, and rapid dissemination of research on marine diseases; and (3) collect epidemiological, environmental impact, timeline, global positioning system registered location, and ecological consequence data regarding marine diseases, linking different datasets across the country to assist researchers in developing strategies for addressing marine diseases. (c) Eligibility.--To be eligible for the contract under subsection (a), an entity shall-- (1) be a public or private nonprofit entity; (2) have experience-- (A) collecting data; (B) developing systems to store data in a secure manner; (C) developing Internet web portals and other means of communicating with a wide audience; and (D) making information available to the public; and (3) meet such other criteria as the Secretary considers appropriate. (d) Data Repository Director.--As a condition of receiving the contract under subsection (a), an entity shall agree to employ a director of the Data Repository chosen in accordance with guidance issued by the Secretary. The Director, in consultation with the Secretary and Working Group, shall-- (1) collect information and research methodologies from individuals, agencies, and organizations engaged in the research of marine diseases; (2) ensure research methods are standardized whenever possible to ensure data comparability across regions; (3) securely store and maintain information in the Data Repository; (4) make information in the Data Repository accessible through an Internet website or other appropriate means of sharing information; and (5) ensure that the information contained in the Data Repository is accessible to members of the public, marine disease researchers, and persons responding to marine disease emergencies. SEC. 7. MARINE DISEASE EMERGENCY FOR SEA STAR WASTING SYNDROME. (a) In General.--The marine mortality event affecting species of sea stars commonly referred to as ``sea star wasting syndrome'' is deemed to be a marine disease emergency declared by the Secretary under section 3(b). Beginning on the effective date of this section, the Secretary shall immediately carry out the activities described in subsections (d) and (e) of section 3 with respect to such marine disease emergency. (b) Effective Date.--This section shall take effect on the date that is 180 days after the date of the enactment of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $15,000,000 for each of the fiscal years 2015 through 2020.

Marine Disease Emergency Act of 2014 - Authorizes the National Oceanic and Atmospheric Administration (NOAA) to declare and respond to a marine disease emergency (an event that affects the marine environment, is caused by a marine disease or environmental stressor, is likely to threaten the sustainability of a marine species or the health of a marine ecosystem, and is likely to expand in geographic scope). Requires NOAA to designate an individual to coordinate the response to each emergency and develop and publish a response plan for each emergency within 21 days of the declaration. Terminates the emergency when NOAA declares that the emergency no longer exists or 120 days after the declaration was made, whichever occurs first. Authorizes NOAA to renew a declaration. Establishes the Marine Disease Emergency Working Group in NOAA to provide advice on assessing, declaring, and responding to those emergencies. Establishes the Marine Disease Emergency Fund for responding to those emergencies. Requires NOAA to establish a National Data Repository for Marine Diseases Research and Services to collect, store, and disseminate information on marine diseases and related data and facilitate the development and rapid dissemination of research on marine diseases. Deems sea star wasting syndrome, a marine mortality event affecting species of sea stars, to be a marine disease emergency.

Marine Disease Emergency Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Basel III Capital Impact Study Act''. SEC. 2. STUDY REQUIRED. The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (hereinafter, the ``Federal banking agencies'') shall conduct the study and issue the report to Congress required by section 3, prior to issuing any final rule amending the agencies' general risk-based capital requirements for-- (1) determining risk-weighted assets as proposed in the Standardized Approach for Risk Weighted Assets Notice of Proposed Rulemaking issued in June 2012 (hereinafter, the ``Standardized Approach NPR''); (2) determining risk-weighted assets as proposed in the Advanced Approaches Risk-based Capital Rule; Market Risk Capital Rule Notice of Proposed Rulemaking issued in June 2012 (hereinafter, the ``Advanced Approach NPR''); and (3) determining minimum regulatory capital ratios as proposed in the Regulatory Capital, Implementation of Basel III, Minimum Regulatory Capital Ratios, Capital Adequacy, Transition Provisions, and Prompt Corrective Action Notice of Proposed Rulemaking issued in June 2012 (hereinafter, the ``Basel III NPR''). SEC. 3. STUDY AND REPORT. (a) Study.-- (1) In general.--The Federal banking agencies shall, jointly, conduct a study of the impact of the Standardized Approach NPR and the Advanced Approach NPR, respectively, on the minimum regulatory capital requirements of insured depository institutions and insured depository institution holding companies. As part of this study, the Federal banking agencies shall separately identify the various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and of amendments made by that Act, that affect capital quality, capital levels, asset quality, and the risk management activities of insured depository institutions and insured depository holding companies (hereinafter ``identified provisions'') and take into consideration the impact of such provisions. Without excluding any provisions the Federal banking agencies identify as affecting capital quality, capital levels, asset quality, and the risk management activities of insured depository institutions and insured depository holding companies, the identified provisions shall include the following provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the amendments made by such provisions of such Act: (A) Section 115 (regarding enhanced supervision and prudential standards). (B) Section 165 (regarding enhanced supervision and prudential standards). (C) Section 166 (regarding early remediation requirements). (D) Section 171 (regarding leverage and risk-based capital requirements). (E) Section 619 (regarding prohibitions on proprietary trading and certain relationships with hedge funds and private equity funds). (F) Section 939 (regarding the removal of statutory references to credit ratings). (G) Section 941 (regarding regulation of credit risk retention and exemption of qualified residential mortgages). (H) Section 1412 (regarding safe harbor and rebuttable presumptions for qualified mortgages). (2) Contents of study.--In conducting the study required in paragraph (1), the Federal banking agencies shall determine and make projections of the likely cumulative impact of the Standardized Approach NPR, the Advanced Approach NPR, the Basel III NPR, and the identified provisions on required regulatory capital levels, capital quality, asset quality, and risk management at covered financial institutions. Based on these findings, the Federal banking agencies shall provide an assessment regarding-- (A) changes to required capital levels; (B) the aggregate increase or decrease of total risk-weighted asset levels for the institutions to which the Standardized Approach NPR or Advanced Approach NPR would be applicable based on current assets; (C) whether the NPRs and identified provisions will cause capital levels at covered institutions to fluctuate with more frequency or by greater amounts than the current rules and indicate what, if any, safety and soundness issues such fluctuations raise for financial institutions or the financial system; (D) whether the NPRs and the identified provisions will result in the discontinuation of the use of certain risk management tools by covered financial institutions and the impact on the safety and soundness of financial institutions and the financial system; (E) the impact the NPRs and the identified provisions will have on residential mortgage lending and home equity lines of credit; (F) the likely cumulative impact of the NPRs and the identified provisions will have on the availability of credit, generally and in low- and moderate-income areas; (G) the variance in required capital levels, assets, and asset quality between institutions that implement the advanced approaches or approaches to risk weighting of assets and those that use the Standardized Approach NPR or the Advanced Approach NPR and the impact on competition between entities using different approaches; and (H) historical probability of default and loss given default of residential mortgage loans and the proposed risk weightings in the Standardized Approach NPR and the Advanced Approach NPR, and whether such proposed risk weightings are appropriately and fairly calibrated. (3) Voluntary participation.--The Federal banking agencies may seek input and participation from insured depository institutions and insured depository institution holding companies, however, participation in the study by insured depository institutions and insured depository institution holding companies shall be voluntary. (b) Report.-- (1) In general.--The Federal banking agencies shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the results of the study required by subsection (a). (2) Contents.--The Federal banking agencies shall include the methodologies and assumptions used in the study as well as the required elements of the study listed in subsection (a) in the report required in this subsection. SEC. 4. COMPETITIVE EQUALITY. Section 908(a)(1) of the International Lending Supervision Act of 1983 (12 U.S.C. 3907(a)(1)) is amended by inserting at the end the following: ``Each appropriate Federal banking agency shall, consistent with safety and soundness, seek to ensure that any differences in rules implementing the capital standards required under this section or other provisions of Federal law for banking institutions, savings associations, bank holding companies, and savings and loan holding companies do not give competitive advantages to any class or group of such institutions, associations, or companies unless required by other Federal law, and do not undermine any requirements for enhanced supervision and prudential standards required by section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325).''.

Basel III Capital Impact Study Act - Directs the federal banking agencies (the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation [FDIC]), prior to issuing any final rule amending the agencies' general risk-based capital requirements for determining risk-weighted assets and minimum regulatory capital ratios as proposed in certain June 2012 notices of proposed rule making, to study and report regarding the impact of the approaches on the minimum regulatory capital requirements of insured depository institutions and insured depository institution holding companies. Requires the banking agencies to separately identify provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) that affect capital quality, capital levels, asset quality, and the risk management activities of insured depository institutions and insured depository holding companies and take into consideration the impact of such provisions. Specifies Dodd-Frank provisions to be included. Permits the banking agencies to solicit participation in the study from insured depository institutions and insured depository institution holding companies on a voluntary basis. Amends the International Lending Supervision Act of 1983 to revise capital adequacy requirements by directing the banking agencies to seek to ensure that any differences in rules implementing the capital standards do not: (1) give competitive advantages to any class or group of institutions unless otherwise required by federal law, or (2) undermine Dodd-Frank requirements for enhanced supervision and prudential standards.

Basel III Capital Impact Study Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Early Treatment for Chronic Ailment Resurgence through Examinations Act of 2017'' or the ``VET CARE Act of 2017''. SEC. 2. PILOT PROGRAM FOR THE PROVISION OF DENTAL CARE TO CERTAIN VETERANS. (a) Pilot Program.--The Secretary of Veterans Affairs shall carry out a pilot program to provide outpatient dental services and treatment, and related dental appliances, to eligible veterans enrolled under subsection (c)(3), at no cost to such veterans. Under the pilot program, the Secretary shall determine whether there is a correlation between veterans receiving such services and treatment, and the veterans suffering fewer complications of chronic ailments, thereby yielding a lower cost of care. (b) Eligible Veterans Defined.--For purposes of this section, the term ``eligible veterans'' means veterans who are-- (1) enrolled in the system of annual patient enrollment under section 1705 of title 38, United States Code; (2) not eligible for dental care under section 1712 of title 38, United States Code; (3) between 40 and 70 years of age; and (4) diagnosed with type 2 diabetes. (c) Application; Evaluation; Disqualification; Enrollment; Categorization.-- (1) Application.--Eligible veterans may elect to apply for the pilot program. (2) Evaluation; disqualification.--Eligible veterans who apply for the pilot program shall receive an initial periodontal evaluation, including vertical bitewing radiographs. Any eligible veteran diagnosed with periodontal disease that requires surgery shall be disqualified from the pilot program. (3) Enrollment; categorization.--The Secretary shall enroll at least 1,500 eligible veterans who apply for the pilot program, giving preference to veterans with service-connected disabilities that increases in accordance with the veterans' disability ratings under chapter 11 of title 38, United States Code, in a manner that ensures the following: (A) One-third of eligible veterans enrolled in the pilot program shall have been diagnosed with no or mild periodontitis under paragraph (2). (B) Two-thirds of eligible veterans enrolled in the pilot program shall have been diagnosed with moderate to severe periodontitis under paragraph (2). (d) Duration of Program.--The Secretary shall carry out the pilot program during the four-year period beginning on the date that is 180 days after the effective date of this section. (e) Locations.--The pilot program shall be carried out in five facilities of the Veterans Health Administration, with one such facility in each of five Veterans Integrated Services Networks that the Secretary considers appropriate for the pilot program. (f) Patient Distribution.--Each facility shall serve not more than one-fourth and not fewer than one-sixth of the veterans enrolled in the pilot program, in approximately even proportions of veterans categorized under subsection (c)(3). (g) Course of Program.-- (1) Periodontal therapy.--The Secretary shall make timely and appropriate periodontal therapy available to veterans described in subsection (c)(3)(B). (2) Election of treatment.--Such veterans who elect to receive treatment shall be classified as ``treated''. (3) Annual evaluations.--Each treated veteran shall receive an annual dental evaluation, during which the periodontal health of the treated veteran shall be reassessed and recorded exactly as at the initial evaluation under subsection (c)(2). (4) Health outcome reporting.--For the duration of the pilot program, the Secretary shall collect and record data regarding the health of treated veterans, including events, treatments, and outcomes, and make such data available for analysis by qualified researchers. (h) Education.-- (1) Health care providers.--The Secretary shall provide standardized instructions to all physicians and dentists who work in facilities described in subsection (e) to ensure consistent evaluation and care for veterans enrolled in the pilot program in all such facilities. (2) Enrolled veterans.--The Secretary shall provide each veteran enrolled in the pilot program with an orientation, information before any care is provided under the pilot program, and an exit interview that includes information regarding how such veteran may obtain dental services and treatment after the end of the pilot program. (i) Educational Outreach.--The Secretary shall notify those institutions of higher education (as that term is defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that offer degrees in periodontology of the pilot program so that such institutions may engage in similar studies regarding private periodontal care for veterans. (j) Report.--Not later than 18 months after the conclusion of the pilot program, the Secretary shall submit a report of findings to the Congress. (k) Regulations.--The Secretary shall administer the pilot program under such regulations as the Secretary shall prescribe, including best practices regarding informed consent and study registration.

Veterans Early Treatment for Chronic Ailment Resurgence through Examinations Act of 2017 or the VET CARE Act of 2017 This bill directs the Department of Veterans Affairs (VA) to: (1) carry out a four-year pilot program in five Veterans Health Administration facilities to provide outpatient dental services and treatment, and related dental appliances, to eligible veterans at no cost; and (2) determine whether there is a correlation between veterans receiving such services and their suffering fewer complications of chronic ailments, thereby yielding a lower cost of care. "Eligible veterans" means veterans who are: enrolled in, but not eligible for dental care under, the VA's health care program; between 40 and 70 years of age; and diagnosed with type 2 diabetes. Applicants shall receive an initial periodontal evaluation. Those diagnosed with periodontal disease that requires surgery shall be disqualified. The VA shall enroll at least 1,500 eligible veterans, one-third of whom shall have been diagnosed with no or mild periodontitis and two-thirds of whom shall have been diagnosed with moderate to severe periodontitis.

Veterans Early Treatment for Chronic Ailment Resurgence through Examinations Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Flow of Information Act of 2013''. SEC. 2. COMPELLED DISCLOSURE FROM COVERED PERSONS. (a) Conditions for Compelled Disclosure.--In any matter arising under Federal law, a Federal entity may not compel a covered person to provide testimony or produce any document related to information obtained or created by such covered person as part of engaging in journalism, unless a court determines by a preponderance of the evidence, after providing notice and an opportunity to be heard to such covered person-- (1) that the party seeking to compel production of such testimony or document has exhausted all reasonable alternative sources (other than the covered person) of the testimony or document; (2) that-- (A) in a criminal investigation or prosecution, based on information obtained from a person other than the covered person-- (i) there are reasonable grounds to believe that a crime has occurred; and (ii) the testimony or document sought is critical to the investigation or prosecution or to the defense against the prosecution; or (B) in a matter other than a criminal investigation or prosecution, based on information obtained from a person other than the covered person, the testimony or document sought is critical to the successful completion of the matter; (3) in the case that the testimony or document sought could reveal the identity of a source of information or include any information that could reasonably be expected to lead to the discovery of the identity of such a source, that-- (A) disclosure of the identity of such a source is necessary to prevent an act of terrorism against the United States or its allies or other significant and specified harm to national security with the objective to prevent such harm; (B) disclosure of the identity of such a source is necessary to prevent imminent death or significant bodily harm with the objective to prevent such death or harm, respectively; or (C) disclosure of the identity of such a source is necessary to identify a person who has disclosed-- (i) a trade secret, actionable under section 1831 or 1832 of title 18, United States Code; (ii) individually identifiable health information, as such term is defined in section 1171(6) of the Social Security Act (42 U.S.C. 1320d(6)), actionable under Federal law; or (iii) nonpublic personal information, as such term is defined in section 509(4) of the Gramm-Leach-Biley Act (15 U.S.C. 6809(4)), of any consumer actionable under Federal law; and (4) that the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information. (b) Limitations on Content of Information.--The content of any testimony or document that is compelled under subsection (a) shall-- (1) not be overbroad, unreasonable, or oppressive and, as appropriate, be limited to the purpose of verifying published information or describing any surrounding circumstances relevant to the accuracy of such published information; and (2) be narrowly tailored in subject matter and period of time covered so as to avoid compelling production of peripheral, nonessential, or speculative information. (c) Rule of Construction.--Nothing in this Act shall be construed as applying to civil defamation, slander, or libel claims or defenses under State law, regardless of whether or not such claims or defenses, respectively, are raised in a State or Federal court. SEC. 3. COMPELLED DISCLOSURE FROM COMMUNICATIONS SERVICE PROVIDERS. (a) Conditions for Compelled Disclosure.--With respect to testimony or any document consisting of any record, information, or other communication that relates to a business transaction between a communications service provider and a covered person, section 2 shall apply to such testimony or document if sought from the communications service provider in the same manner that such section applies to any testimony or document sought from a covered person. (b) Notice and Opportunity Provided to Covered Persons.--A court may compel the testimony or disclosure of a document under this section only after the party seeking such a document provides the covered person who is a party to the business transaction described in subsection (a)-- (1) notice of the subpoena or other compulsory request for such testimony or disclosure from the communications service provider not later than the time at which such subpoena or request is issued to the communications service provider; and (2) an opportunity to be heard before the court before the time at which the testimony or disclosure is compelled. (c) Exception to Notice Requirement.--Notice under subsection (b)(1) may be delayed only if the court involved determines by clear and convincing evidence that such notice would pose a substantial threat to the integrity of a criminal investigation. SEC. 4. DEFINITIONS. In this Act: (1) Communications service provider.--The term ``communications service provider''-- (A) means any person that transmits information of the customer's choosing by electronic means; and (B) includes a telecommunications carrier, an information service provider, an interactive computer service provider, and an information content provider (as such terms are defined in sections 3 and 230 of the Communications Act of 1934 (47 U.S.C. 153, 230)). (2) Covered person.--The term ``covered person'' means a person who, for financial gain or livelihood, is engaged in journalism and includes a supervisor, employer, parent, subsidiary, or affiliate of such covered person. Such term shall not include-- (A) any person who is a foreign power or an agent of a foreign power, as such terms are defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); or (B) any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (3) Document.--The term ``document'' means writings, recordings, and photographs, as those terms are defined by Federal Rule of Evidence 1001 (28 U.S.C. App.). (4) Federal entity.--The term ``Federal entity'' means an entity or employee of the judicial or executive branch or an administrative agency of the Federal Government with the power to issue a subpoena or issue other compulsory process. (5) Journalism.--The term ``journalism'' means the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.

Free Flow of Information Act of 2013 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency of the federal government), in any matter arising under federal law, from compelling a covered person to testify or produce any document related to information obtained or created as part of engaging in journalism unless a court makes specified determinations by a preponderance of the evidence, including determinations that: (1) alternative sources have been exhausted; (2) the testimony or document sought is critical to the investigation, prosecution, or defense of a crime or the successful completion of a noncriminal matter; (3) disclosure of an information source's identity is necessary to prevent an act of terrorism, harm to national security, imminent death, significant bodily harm or to identify a person who has disclosed a trade secret, individually identifiable health information, or certain nonpublic personal information; and (4) the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information. Defines "covered person" as a person who, for financial gain or livelihood, is engaged in journalism, including a supervisor, employer, parent, subsidiary, or affiliate of such a person. Excludes from that definition foreign powers and their agents and certain designated foreign terrorist organizations. Defines "journalism" as the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Prohibits this Act from being construed as applying to civil defamation, slander, or libel claims or defenses under state law. Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation.

Free Flow of Information Act of 2013

SECTION 1. NET OPERATING LOSS OF FARMERS. (a) Increase in Carryback Years.--Paragraph (1) of section 172(b) of the Internal Revenue Code of 1986 (relating to net operating loss carrybacks and carryforwards) is amended by adding at the end the following new subparagraph: ``(G) Farming losses.--Subparagraph (A)(i) shall be applied by substituting `10 years' for `2 years' with respect to the portion of the net operating loss of an eligible taxpayer (as defined in subsection (i)) for any taxable year beginning after December 31, 1997, and ending before January 1, 2000, which is a farming loss (as so defined) with respect to the taxpayer.'' (b) Definitions and Rules Relating to Farming Losses.--Section 172 of such Code is amended by redesignating subsection (i) as subsection (j) and inserting after subsection (h) the following new subsection: ``(i) Definitions and Rules Relating to Farming Losses.--For purposes of this section-- ``(1) Farming loss.-- ``(A) In general.--The term `farming loss' means the lesser of-- ``(i) the net operating loss of the taxpayer for the taxable year, or ``(ii) the net operating loss of the taxpayer for the taxable year determined by only taking into account items of income and deduction attributable to 1 or more qualified farming businesses of the taxpayer. ``(B) Dollar limitation.-- ``(i) In general.--The farming loss of a taxpayer for any taxable year shall not exceed $200,000. ``(ii) Aggregation rules.-- ``(I) In general.--All persons treated as 1 employer under subsections (a) or (b) of section 52 shall be treated as 1 person. ``(II) Pass-thru entity.--In the case of a partnership, trust, or other pass-thru entity, the limitation shall be applied at both the entity and the owner level. ``(III) Owner.--The limitation shall be reduced by the amount of farming loss determined for a corporation for which the taxpayer is a 50 percent owner in the taxable year of the corporation ending in the taxable year of the taxpayer owner. ``(2) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means a taxpayer which derives more than 50 percent of its gross income for the 3-year period beginning 2 years prior to the current taxable year from qualified farming businesses. ``(B) Qualified farming business.--The term `qualified farming business' means a trade or business of farming (within the meaning of section 2032A)-- ``(i) with respect to which-- ``(I) the taxpayer or a member of the family of the taxpayer materially participates (within the meaning of section 2032A(e)(6)), or ``(II) in the case of a taxpayer other than an individual, a 20 percent owner of the taxpayer or a member of the owner's family materially participates (as so defined), and ``(ii) which does not receive in excess of $7,000,000 from sales in a taxable year. For purposes of clause (i)(II), owners which are members of a single family shall be treated as a single owner. ``(3) Owner.-- ``(A) 20 percent owner.--The term `20 percent owner' means any person who would be described in section 416(i)(1)(B)(i) if `20 percent' were substituted for `5 percent' each place it appears in such section. ``(B) 50 percent owner.--The term `50 percent owner' means any person who would be described in section 416(i)(1)(B)(i) if `50 percent' were substituted for `5 percent' each place it appears in such section. ``(4) Coordination with subsection (b)(2).--For purposes of applying subsection (b)(2), a farming loss for any taxable year shall be treated as a separate net operating loss for such taxable year to be taken into account after the remaining portion of the net operating loss for such taxable year. ``(5) Election.--Any taxpayer entitled to a 10-year carryback under subsection (b)(1)(G) from any loss year may elect to have the carryback period with respect to such loss year, and any portion of the farming loss for such year, determined without regard to subsection (b)(1)(G). Such election shall be made in such manner as may be prescribed by the Secretary and shall be made by the due date (including extensions of time) for filing the taxpayer's return for the taxable year of the net operating loss. Such election, once made for any taxable year, shall be irrevocable for that taxable year.''

Amends the Internal Revenue Code to increase, for a limited period of time, from two to ten the number of years permitted for the carryback of net operating losses for certain farmers. Defines specified terms, including "farming loss."

To amend the Internal Revenue Code of 1986 to increase the years for carryback of net operating losses for certain farm losses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cultural Radio Tax Credit Act of 2005''. SEC. 2. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF COMMERCIAL RADIO BROADCASTING STATIONS TO NONPROFIT CORPORATIONS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to general business credits) is amended by adding at the end the following new section: ``SEC. 45J. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF COMMERCIAL RADIO BROADCASTING STATION TO CERTAIN NONPROFIT CORPORATIONS. ``(a) Radio Broadcasting Station Donation Credit.--For purposes of section 38, the radio broadcasting station donation credit is an amount equal to the sum of-- ``(1) 125 percent of the fair market value of a radio broadcasting commercial license which is donated to a qualified recipient, ``(2) 100 percent of the fair market value of any radio broadcasting station assets, including equipment and other real property owned by the station, which are donated to the same qualified recipient, and ``(3) the total amount deposited into an operations escrow fund established by the donor of the license and assets during the taxable year. ``(b) Qualified Recipient.--For purposes of this section, a qualified recipient is an entity which-- ``(1) is a corporation described in section 501(c)(3) which is exempt from taxation under section 501(a), ``(2) agrees to operate the radio broadcasting station being donated to it as a for-profit venture, with profits dedicated to the support of non-profit fine arts and performing arts organizations in its service area, ``(3) has at least 3 arts organizations from its service area on its board of trustees, or on a board of trustees of a subsidiary established to oversee operation of the radio broadcasting station, ``(4) agrees that, in the event that it ceases operation of the radio broadcasting station-- ``(A) it will not sell the station to a for-profit broadcaster under any circumstances, and ``(B) it will either-- ``(i) transfer the license to another corporation described in section 501(c)(3) which is exempt from taxation under section 501(a) and which agrees to continue operation of the station for the support of nonprofit fine arts and performing arts organizations in its service area, or ``(ii) surrender the license to the Federal Communications Commission. ``(c) Operations Escrow Fund.-- ``(1) In general.--For purposes of this section, an operations escrow fund is a fund established by a taxpayer who has donated a radio broadcasting commercial license or radio broadcasting station assets to a qualified recipient for the purpose of covering operating expenses during the recipient's first year of operation of the radio broadcasting station if the station's revenues are not adequate to cover such expenses. An operations escrow fund may be established only if the qualified recipient is not able to meet the financial responsibility requirement of the Federal Communications Commission. ``(2) Recapture of credit for amounts remaining in escrow fund.--In any case in which there is an amount remaining in an operations escrow fund after the first year of operation of the radio broadcasting station for which the fund was established, such amount (not including any interest that accrued on the amount in the fund) shall be added to the tax imposed by this chapter on the taxpayer for the taxpayer's taxable year which includes the end of such first year of operation. ``(d) Special Rules in Case of Surrender of License to FCC.--If a qualified recipient surrenders its donated radio broadcasting license to the Federal Communications Commission, the Commission shall notify the donor of the license that the donor may, within 6 months after such notification, post a bond equal to the amount of the tax credit under subsection (a) that it received for donating the station, plus interest. After such a bond is posted, the donor may apply for the license. If the Commission approves the donor's application for the license, the bond shall be used in lieu of an auction fee. If the donor does not exercise its option within such six months, or waives its option earlier, the license shall be auctioned in the same manner as a new license. ``(e) Denial of Double Benefit.--A donation or deposit for which a credit is allowed under subsection (a) shall not be treated as a charitable contribution under section 170. ``(f) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year.''. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the radio broadcasting station donation credit determined under section 45J(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45J. Credit for donation of license and other assets of commercial radio broadcasting stations to certain nonprofit corporations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.

Cultural Radio Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a business tax credit for 125 percent of the fair market value of a radio broadcasting commercial license and 100 percent of the fair market value of radio station assets donated to a tax-exempt organization which agrees to operate the station on a for-profit basis and to donate operational profits to support nonprofit fine arts and performing arts organizations in its service area.

To amend the Internal Revenue Code of 1986 to allow a credit against the income tax for an owner of a radio broadcasting station which donates the license and other assets of such station to a nonprofit corporation for purposes of supporting nonprofit fine arts and performing arts organizations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cybercrime Enforcement Training Assistance Act of 2016''. SEC. 2. LOCAL LAW ENFORCEMENT GRANTS. (a) In General.--Subject to the availability of appropriations, the Attorney General shall award grants under this section to States and units of local government for the prevention, enforcement, and prosecution of cybercrimes against individuals. (b) Application.-- (1) In general.--To request a grant under this section, the chief executive officer of a State or unit of local government shall submit an application to the Attorney General within 90 days after the date on which funds to carry out this section are appropriated for a fiscal year, in such form as the Attorney General may require. Such application shall include the following: (A) A certification that Federal funds made available under this section will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. (B) An assurance that, not fewer than 30 days before the application (or any amendment to the application) was submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the State or unit of local government (or to an organization designated by that governing body). (C) An assurance that, before the application (or any amendment to the application) was submitted to the Attorney General-- (i) the application (or amendment) was made public; and (ii) an opportunity to comment on the application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure makes such an opportunity available. (D) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require. (E) A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that-- (i) the programs to be funded by the grant meet all the requirements of this section; (ii) all the information contained in the application is correct; (iii) there has been appropriate coordination with affected agencies; and (iv) the applicant will comply with all provisions of this section and all other applicable Federal laws. (F) A certification that the State or in the case of a unit of local government, the State in which the unit of local government is located, has in effect criminal laws which prohibit cybercrimes against individuals. (G) A certification that any equipment described in subsection (c)(7) purchased using grant funds awarded under this section will be used primarily for investigations and forensic analysis of evidence in matters involving cybercrimes against individuals. (c) Use of Funds.--Grants awarded under this section may only be used for programs that provide-- (1) training for State or local law enforcement personnel relating to cybercrimes against individuals, including-- (A) training such personnel to identify and protect victims of cybercrimes against individuals; (B) training such personnel to utilize Federal, State, local, and other resources to assist victims of cybercrimes against individuals; (C) training such personnel to identify and investigate cybercrimes against individuals; (D) training such personnel to enforce and utilize the laws that prohibit cybercrimes against individuals; (E) training such personnel to utilize technology to assist in the investigation of cybercrimes against individuals and enforcement of laws that prohibit such crimes; and (F) the payment of overtime incurred as a result of such training; (2) training for State or local prosecutors, judges, and judicial personnel, relating to cybercrimes against individuals, including-- (A) training such personnel to identify, investigate, prosecute, or adjudicate cybercrimes against individuals; (B) training such personnel to utilize laws that prohibit cybercrimes against individuals; (C) training such personnel to utilize Federal, State, local, and other resources to assist victims of cybercrimes against individuals; and (D) training such personnel to utilize technology to assist in the prosecution or adjudication of acts of cybercrimes against individuals, including the use of technology to protect victims of such crimes; (3) training for State or local emergency dispatch personnel relating to cybercrimes against individuals, including-- (A) training such personnel to identify and protect victims of cybercrimes against individuals; (B) training such personnel to utilize Federal, State, local, and other resources to assist victims of cybercrimes against individuals; (C) training such personnel to utilize technology to assist in the identification of and response to cybercrimes against individuals; and (D) the payment of overtime incurred as a result of such training; (4) assistance to State or local law enforcement agencies in enforcing laws that prohibit cybercrimes against individuals, including expenses incurred in performing enforcement operations, such as overtime payments; (5) assistance to State or local law enforcement agencies in educating the public in order to prevent, deter, and identify violations of laws that prohibit cybercrimes against individuals; (6) assistance to State or local law enforcement agencies to establish task forces that operate solely to conduct investigations, forensic analyses of evidence, and prosecutions in matters involving cybercrimes against individuals; (7) assistance to State or local law enforcement and prosecutors in acquiring computers, computer equipment, and other equipment necessary to conduct investigations and forensic analysis of evidence in matters involving cybercrimes against individuals, including expenses incurred in the training, maintenance, or acquisition of technical updates necessary for the use of such equipment for the duration of a reasonable period of use of such equipment; (8) assistance in the facilitation and promotion of sharing, with State and local law enforcement officers and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving laws that prohibit cybercrimes against individuals, including the use of multijurisdictional task forces; or (9) assistance to State and local law enforcement and prosecutors in processing interstate extradition requests for violations of laws involving cybercrimes against individuals, including expenses incurred in the extradition of an offender from one State to another. (d) Report to the Secretary.--On the date that is one year after the date on which a State or unit of local government receives a grant under this section, and annually thereafter, the chief executive of such State or unit of local government shall submit to the Attorney General a report which contains-- (1) a summary of the activities carried out during the previous year with any grant received by such State or unit of local government; (2) an evaluation of the results of such activities; and (3) such other information as the Attorney General may reasonably require. (e) Report to Congress.--Not later than November 1 of each even- numbered fiscal year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (d). (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2017 through 2021. (2) Limitation.--Of the amount made available under paragraph (1) in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, technical assistance, salaries, and administrative expenses. (g) Definitions.--In this section: (1) The term ``cybercrimes against individuals'' means the criminal offenses applicable in the relevant State or unit of local government that involve the use of a computer to cause personal harm to an individual, such as the use of a computer to harass, threaten, stalk, extort, coerce, cause fear, intimidate, without consent distribute intimate images of, or violate the privacy of, an individual, except that-- (A) use of a computer need not be an element of such an offense; and (B) such term does not include the use of a computer to cause harm to a commercial entity, government agency, or any non-natural persons. (2) The term ``computer'' includes a computer network and an interactive electronic device. SEC. 3. NATIONAL RESOURCE CENTER GRANT. (a) In General.--Subject to the availability of appropriations, the Attorney General shall award a grant under this section to an eligible entity for the purpose of the establishment and maintenance of a National Resource Center on Cybercrimes Against Individuals to provide resource information, training, and technical assistance to improve the capacity of individuals, organizations, governmental entities, and communities to prevent, enforce, and prosecute cybercrimes against individuals. (b) Application.--To request a grant under this section, an eligible entity shall submit an application to the Attorney General not later than 90 days after the date on which funds to carry out this section are appropriated for fiscal year 2017 in such form as the Attorney General may require. Such application shall include the following: (1) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require. (2) A certification, made in a form acceptable to the Attorney General, that-- (A) the programs funded by the grant meet all the requirements of this section; (B) all the information contained in the application is correct; and (C) the applicant will comply with all provisions of this section and all other applicable Federal laws. (c) Use of Funds.--The eligible entity awarded a grant under this section shall use such amounts for the establishment and maintenance of a National Resource Center on Cybercrimes Against Individuals, which shall-- (1) offer a comprehensive array of technical assistance and training resources to Federal, State, and local governmental agencies, community-based organizations, and other professionals and interested parties, related to cybercrimes against individuals, including programs and research related to victims; (2) maintain a resource library which shall collect, prepare, analyze, and disseminate information and statistics related to-- (A) the incidence of cybercrimes against individuals; (B) the enforcement, and prosecution of laws relating to cybercrimes against individuals; and (C) the provision of supportive services and resources for victims of cybercrimes against individuals; and (3) conduct research related to-- (A) the causes of cybercrimes against individuals; (B) the effect of cybercrimes against individuals on victims of such crimes; and (C) model solutions to prevent or deter cybercrimes against individuals or to enforce the laws relating to cybercrimes against individuals. (d) Duration of Grant.-- (1) In general.--The grant awarded under this section shall be awarded for a period of 5 years. (2) Renewal.--A grant under this section may be renewed for additional 5-year periods if the Attorney General determines that the funds made available to the recipient were used in a manner described in subsection (c), and if the recipient resubmits an application described in subsection (b) in such form, and at such time as the Attorney General may reasonably require. (e) Subgrants.--The eligible entity awarded a grant under this section may make subgrants to other nonprofit private organizations with relevant subject matter expertise in order to establish and maintain the National Resource Center on Cybercrimes Against Individuals in accordance with subsection (c). (f) Report to the Secretary.--On the date that is one year after the date on which an eligible entity receives a grant under this section, and annually thereafter for the duration of the grant period, the entity shall submit to the Attorney General a report which contains-- (1) a summary of the activities carried out under the grant program during the previous year; (2) an evaluation of the results of such activities; and (3) such other information as the Attorney General may reasonably require. (g) Report to Congress.--Not later than November 1 of each even- numbered fiscal year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (d). (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2017 through 2021. (i) Definitions.--In this section: (1) Cybercrimes against individuals.--The term ``cybercrimes against individuals'' has the meaning given such term in section 2(g). (2) Eligible entity.--The term ``eligible entity'' means a nonprofit private organization that focuses on cybercrimes against individuals and that-- (A) provides documentation to the Attorney General demonstrating experience working directly on issues of cybercrimes against individuals; and (B) includes on the entity's advisory board representatives who have a documented history of working directly on issues of cybercrimes against individuals and who are geographically and culturally diverse.

Cybercrime Enforcement Training Assistance Act of 2016 This bill directs the Department of Justice (DOJ) to award grants to state and local governments to prevent, enforce, and prosecute cybercrimes against individuals. A cybercrime against an individual is a criminal offense that involves use of a computer, including a computer network or interactive electronic device, to harm an individual. DOJ must also award a grant to a nonprofit private cybercrime organization to establish and maintain the National Resource Center on Cybercrimes Against Individuals. It must provide technical assistance and training resources, maintain a resource library, and conduct research to improve the capacity of governments, communities, and individuals to prevent, enforce, and prosecute cybercrimes against individuals.

Cybercrime Enforcement Training Assistance Act of 2016

That this Act may be cited as the ``Humane and Safe Commercial Transportation of Horses for Slaughter Act of 1994''. Sec. 2. The Act of August 27, 1958, as amended (7 U.S.C. 1901-1906) is amended by inserting as a second title the following: ``TITLE II--COMMERCIAL TRANSPORTATION OF HORSES FOR SLAUGHTER ``Sec. 201. In order to ensure that horses sold for slaughter are provided humane treatment and care it is essential to regulate the transportation, care, handling, and treatment of horses by any person engaged in the commercial transportation of horses for slaughter. ``Sec. 202. When used in this title-- ``(a) the term `person' means an individual, partnership, firm, company, corporation, or association; ``(b) the term `Secretary' means the Secretary of Agriculture of the United States or his representative who shall be an employee of the United States Department of Agriculture; ``(c) the term `commercial transportation' means trade, traffic, commerce and transportation among the several States, or between any State, territory, possession, or the District of Columbia, or the Commonwealth of Puerto Rico, and any place outside thereof; or between points within the same State, territories, or possession, or the District of Columbia, or the Commonwealth of Puerto Rico, but through any place outside thereof; or within any territory, possession, or the District of Columbia; ``(d) the terms `horse', `horses', and `equine' include all members of the family Equidae; and ``(e) the term `vehicle' means any machine, truck, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and used upon the highways in the commercial transportation of horses for slaughter. ``Sec. 203. (a) The Secretary shall promulgate by rule, within six months after the date of enactment of this title, standards to govern the humane commercial transportation of horses for slaughter. Such standards shall include minimum requirements with respect to the humane handling care, treatment, and equipment necessary to ensure the safe and humane transportation of horses for slaughter. ``(b) The standards to be promulgated pursuant to subsection (a) herein shall require, at a minimum, that: ``(1) No horse shall be transported for more than 24 hours without being unloaded from the vehicle and allowed to rest for at least 8 consecutive hours and given access to adequate quantities of food and potable water. ``(2) Vehicles shall provide headroom of at least six feet, six inches from roof or beams or other structural members overhead to floor underfoot. ``(3) Vehicle interiors shall be free of protrusions and sharp edges or objects, all ramps and floors shall be covered with a nonskid surface, and shall be maintained in a sanitary condition. ``(4) Vehicles shall provide adequate ventilation and shelter from extremes of weather and temperature for all equines; shall be of appropriate size and interior design for the number of equines being carried, to prevent overcrowding; shall allow for the position of horses by sex and size; and shall be equipped with doors and ramps of sufficient size and location to provide for safe loading and unloading, including unloading during emergencies. ``(5) All horses transported for slaughter must be fit to travel. No horse shall be transported for slaughter if it is found, on pre-shipment inspection, to be in imminent danger of death; to be suffering from a broken or dislocated limb; to be unable to bear weight on all four limbs; to be blind in both eyes; or to be obviously suffering from severe illness, injury, lameness or physical debilitation that would make the animal unable to withstand the stresses of transportation. ``Sec. 204. (a) Any person engaging in the commercial transportation of a horse for slaughter shall establish and maintain such records, make such reports, and provide such information as the Secretary may by regulation reasonably require for the purposes of implementing or determining compliance with this chapter. Such records shall include, at a minimum, the names and addresses of current owners and consignors, if utilized, of the horses at the time of sale or consignment to slaughter, and the bill of sale or other documentation of sale for each horse. Such records must accompany the horse during transport to slaughter. ``(b) Such records shall be retained by any person engaging in the commercial transportation of a horse for slaughter for a reasonable period of time determined by the Secretary, and upon request of an officer or employee duly designated by the Secretary, shall be made available at all reasonable times for inspection and copying (on or off the premises) by the Secretary or his authorized representative. ``Sec. 205. When construing or enforcing the provisions of this title, the act, omission, or failure of any person acting for or employed by any person engaging in the commercial transportation of horses for slaughter, within the scope of his employment or office, shall be deemed the act, omission, or failure of the person engaging in the commercial transportation of horses for slaughter as well as of such person. ``Sec. 206. The Secretary is authorized to establish cooperative agreements and to enter into memorandums of agreement with appropriate Federal and State agencies or political subdivisions thereof, including but not limited to State departments of agriculture and State law enforcement agencies, as well as foreign governments, to carry out and enforce the provisions of this title. ``Sec. 207. (a) The Secretary shall make such investigations or inspections as they deem necessary for purposes of enforcement of this chapter, including any regulation issued thereunder. ``(b) For the purposes of making investigations or inspections required under subsection (a), the Secretary shall at all reasonable times have access to the place of business of any person engaged in the commercial transportation of horses for slaughter; to the facilities and vehicles used to transport the horses; and to those records required to be kept pursuant to section 204. Such investigations and inspections shall include at a minimum an inspection by employees of the Secretary of all horses and vehicles carrying horses, upon their arrival at the slaughter facility. The Secretary shall also conduct such investigations as may be appropriate pursuant to information regarding alleged violations of this title provided to him by State officials. ``(c) The Secretary shall promulgate such rules and regulations as be deems necessary to permit employees of the Department of Agriculture to destroy in a human manner any horse found to be suffering as a result of a failure to comply with any provision of this title or any regulation issued thereunder. ``Sec. 208. Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this title shall be fined not more than $5,000 or imprisoned not more than three years or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000 or imprisoned not more than ten years, or both. ``Sec. 209. The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of Samoa, and the United States courts of the other territories, are vested with jurisdiction to specifically enforce, and to prevent and restrain violations of this title, and shall have jurisdiction in all other kinds of cases arising under this title, except as provided in section 209(b) of this title. ``Sec. 210. (a) Any person who violates any provision of this Act, or any rule, regulation or standard promulgated by the Secretary thereunder, shall be assessed a civil penalty by the Secretary of not more than $2,000 for each violation. Each violation and each day under which a violation continues shall constitute a separate offense. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty shall be final and conclusive unless the affected person files an appeal from the Secretary's order with the appropriate United States court of appeals. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. ``(b) Any person aggrieved by a final order of the Secretary issued pursuant to this section may, within days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals and such Court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part) or to determine the validity of the Secretary's order. ``(c) Any person who knowingly violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than one year or a fine of not more than $2,000, or both. Upon conviction of a second or subsequent offense, a person shall be subject to imprisonment for not more than three years or to a fine of not more than $5,000, or both. ``Sec. 211. The Secretary is authorized to promulgate such rules, regulations, and orders as he may deem necessary in order to effectuate the purposes of this title. ``Sec. 212. If any provision of this title or the application of any such provision to any person or circumstances shall be held invalid, the remainder of this title and the application of any such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. ``Sec. 213. There is authorized to be appropriated to the Secretary to carry out the provision of this title such sums as are necessary for the fiscal year beginning October 1, 1994.''.

Humane and Safe Commercial Transportation of Horses for Slaughter Act of 1994 - Amends Federal law to require the Secretary of Agriculture to issue regulations governing the humane commercial transportation of horses for slaughter. Authorizes appropriations.

Humane and Safe Commercial Transportation of Horses for Slaughter Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforming American Immigration for Strong Employment Act'' or the ``RAISE Act''. SEC. 2. ELIMINATION OF DIVERSITY VISA PROGRAM. (a) In General.--Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c). (b) Technical and Conforming Amendments.-- (1) Immigration and nationality act.--The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended-- (A) in section 101(a)(15)(V), by striking ``section 203(d)'' and inserting ``section 203(c)''; (B) in section 201-- (i) in subsection (a)-- (I) in paragraph (1), by adding ``and'' at the end; and (II) in paragraph (2), by striking ``; and'' at the end and inserting a period; and (III) by striking paragraph (3); and (ii) by striking subsection (e); (C) in section 203-- (i) in subsection (b)(2)(B)(ii)(IV), by striking ``section 203(b)(2)(B)'' each place such term appears and inserting ``clause (i)''; (ii) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (c), (d), (e), (f), and (g), respectively; (iii) in subsection (c), as redesignated, by striking ``subsection (a), (b), or (c)'' and inserting ``subsection (a) or (b)''; (iv) in subsection (d), as redesignated-- (I) by striking paragraph (2); and (II) by redesignating paragraph (3) as paragraph (2); (v) in subsection (e), as redesignated, by striking ``subsection (a), (b), or (c) of this section'' and inserting ``subsection (a) or (b)''; (vi) in subsection (f), as redesignated, by striking ``subsections (a), (b), and (c)'' and inserting ``subsections (a) and (b)''; and (vii) in subsection (g), as redesignated-- (I) by striking ``(d)'' each place such term appears and inserting ``(c)''; and (II) in paragraph (2)(B), by striking ``subsection (a), (b), or (c)'' and inserting ``subsection (a) or (b)''; (D) in section 204-- (i) in subsection (a)(1), by striking subparagraph (I); (ii) in subsection (e), by striking ``subsection (a), (b), or (c) of section 203'' and inserting ``subsection (a) or (b) of section 203''; and (iii) in subsection (l)(2)-- (I) in subparagraph (B), by striking ``section 203 (a) or (d)'' and inserting ``subsection (a) or (c) of section 203''; and (II) in subparagraph (C), by striking ``section 203(d)'' and inserting ``section 203(c)''; (E) in section 214(q)(1)(B)(i), by striking ``section 203(d)'' and inserting ``section 203(c)''; (F) in section 216(h)(1), in the undesignated matter following subparagraph (C), by striking ``section 203(d)'' and inserting ``section 203(c)''; and (G) in section 245(i)(1)(B), by striking ``section 203(d)'' and inserting ``section 203(c)''. (2) Immigrant investor pilot program.--Section 610(d) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law 102- 395) is amended by striking ``section 203(e) of such Act (8 U.S.C. 1153(e))'' and inserting ``section 203(d) of such Act (8 U.S.C. 1153(d))''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year beginning on or after the date of the enactment of this Act. SEC. 3. ANNUAL ADMISSION OF REFUGEES. Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) is amended-- (1) by striking subsections (a) and (b); (2) by redesignating subsection (e) as subsection (a); (3) by redesignating subsection (f) as subsection (e); (4) by inserting after subsection (a), as redesignated, the following: ``(b) Maximum Number of Admissions.-- ``(1) In general.--The number of refugees who may be admitted under this section in any fiscal year may not exceed 50,000. ``(2) Asylees.--The President shall annually enumerate the number of aliens who were granted asylum in the previous fiscal year.''; and (5) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''. SEC. 4. FAMILY-SPONSORED IMMIGRATION PRIORITIES. (a) Immediate Relative Redefined.--Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended-- (1) in subsection (b)(2)(A)-- (A) in clause (i), by striking ``children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age.'' and inserting ``children and spouse of a citizen of the United States.''; and (B) in clause (ii), by striking ``such an immediate relative'' and inserting ``the immediate relative spouse of a United States citizen''; (2) by striking subsection (c) and inserting the following: ``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to 88,000 minus the number computed under paragraph (2). ``(2) The number computed under this paragraph for a fiscal year is the number of aliens who were paroled into the United States under section 212(d)(5) in the second preceding fiscal year who-- ``(A) did not depart from the United States (without advance parole) within 365 days; and ``(B)(i) did not acquire the status of an alien lawfully admitted to the United States for permanent residence during the two preceding fiscal years; or ``(ii) acquired such status during such period under a provision of law (other than subsection (b)) that exempts adjustment to such status from the numerical limitation on the worldwide level of immigration under this section.''; and (3) in subsection (f)-- (A) in paragraph (2), by striking ``section 203(a)(2)(A)'' and inserting ``section 203(a)''; (B) by striking paragraph (3); (C) by redesignating paragraph (4) as paragraph (3); and (D) in paragraph (3), as redesignated, by striking ``(1) through (3)'' and inserting ``(1) and (2)''. (b) Family-Based Visa Preferences.--Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read as follows: ``(a) Spouses and Minor Children of Permanent Resident Aliens.-- Family-sponsored immigrants described in this subsection are qualified immigrants who are the spouse or a child of an alien lawfully admitted for permanent residence.''. (c) Conforming Amendments.-- (1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended by striking ``section 203(a)(2)(A)'' each place such term appears and inserting ``section 203(a)''. (2) Numerical limitation to any single foreign state.-- Section 202 of such Act (8 U.S.C. 1152) is amended-- (A) in subsection (a)(4)-- (i) by striking subparagraphs (A) and (B) and inserting the following: ``(A) 75 percent of family-sponsored immigrants not subject to per country limitation.--Of the visa numbers made available under section 203(a) in any fiscal year, 75 percent shall be issued without regard to the numerical limitation under paragraph (2). ``(B) Treatment of remaining 25 percent for countries subject to subsection (e).-- ``(i) In general.--Of the visa numbers made available under section 203(a) in any fiscal year, 25 percent shall be available, in the case of a foreign state or dependent area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subparagraph (A) to natives of the foreign state or dependent area is less than the subsection (e) ceiling. ``(ii) Subsection (e) ceiling defined.--In clause (i), the term `subsection (e) ceiling' means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area, consistent with subsection (e).''; and (ii) by striking subparagraphs (C) and (D); and (B) in subsection (e)-- (i) in paragraph (1), by adding ``and'' at the end; (ii) by striking paragraph (2); (iii) by redesignating paragraph (3) as paragraph (2); and (iv) in the undesignated matter after paragraph (2), as redesignated, by striking ``, respectively,'' and all that follows and inserting a period. (3) Rules for determining whether certain aliens are children.--Section 203(h) of such Act (8 U.S.C. 1153(h)) is amended by striking ``(a)(2)(A)'' each place such term appears and inserting ``(a)(2)''. (4) Procedure for granting immigrant status.--Section 204 of such Act (8 U.S.C. 1154) is amended-- (A) in subsection (a)(1)-- (i) in subparagraph (A)(i), by striking ``to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or''; (ii) in subparagraph (B)-- (I) in clause (i), by redesignating the second subclause (I) as subclause (II); and (II) by striking ``203(a)(2)(A)'' each place such terms appear and inserting ``203(a)''; and (iii) in subparagraph (D)(i)(I), by striking ``a petitioner'' and all that follows through ``(a)(1)(B)(iii).'' and inserting ``an individual younger than 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family- sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual.''; (B) in subsection (f)(1), by striking ``, 203(a)(1), or 203(a)(3), as appropriate''; and (C) by striking subsection (k). (5) Waivers of inadmissibility.--Section 212 of such Act (8 U.S.C. 1182) is amended-- (A) in subsection (a)(6)(E)(ii), by striking ``section 203(a)(2)'' and inserting ``section 203(a)''; and (B) in subsection (d)(11), by striking ``(other than paragraph (4) thereof)''. (6) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i) of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking ``section 203(a)(2)(A)'' each place such term appears and inserting ``section 203(a)''. (7) Definition of alien spouse.--Section 216(h)(1)(C) of such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking ``section 203(a)(2)'' and inserting ``section 203(a)''. (8) Classes of deportable aliens.--Section 237(a)(1)(E)(ii) of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking ``section 203(a)(2)'' and inserting ``section 203(a)''. (d) Creation of Nonimmigrant Classification for Alien Parents of Adult United States Citizens.-- (1) In general.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (A) in subparagraph (T)(ii)(III), by striking the period at the end and inserting a semicolon; (B) in subparagraph (U)(iii), by striking ``or'' at the end; (C) in subparagraph (V)(ii)(II), by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following: ``(W) Subject to section 214(s), an alien who is a parent of a citizen of the United States, if the citizen is at least 21 years of age.''. (2) Conditions on admission.--Section 214 of such Act (8 U.S.C. 1184) is amended by adding at the end the following: ``(s)(1) The initial period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) shall be five years, but may be extended by the Secretary of Homeland Security for additional five-year periods if the United States citizen son or daughter of the nonimmigrant is still residing in the United States. ``(2) A nonimmigrant described in section 101(a)(15)(W)-- ``(A) is not authorized to be employed in the United States; and ``(B) is not eligible for any Federal, State, or local public benefit. ``(3) Regardless of the resources of a nonimmigrant described in section 101(a)(15)(W), the United States citizen son or daughter who sponsored the nonimmigrant parent shall be responsible for the nonimmigrant's support while the nonimmigrant resides in the United States. ``(4) An alien is ineligible to receive a visa or to be admitted into the United States as a nonimmigrant described in section 101(a)(15)(W) unless the alien provides satisfactory proof that the United States citizen son or daughter has arranged for health insurance coverage for the alien, at no cost to the alien, during the anticipated period of the alien's residence in the United States.''. (e) Effective Date; Applicability.-- (1) Effective date.--The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act. (2) Invalidity of certain petitions and applications.--Any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored immigrant category that was eliminated by the amendments made by this section and filed after the date on which this Act was introduced and any application for an immigrant visa based on such a petition shall be considered invalid.

Reforming American Immigration for Strong Employment Act or the RAISE Act This bill amends the Immigration and Nationality Act to eliminate the diversity immigrant visa category. The fiscal year limit for refugee admissions is set at 50,000. The President shall annually enumerate the previous year's number of asylees. The bill defines: (1) "immediate relative" as the under-21 year old child or spouse of a U.S. citizen, and (2) "family-sponsored immigrant" as the under-21 year old child or spouse of an alien lawfully admitted for permanent residence. The worldwide fiscal year level for family-sponsored immigrants is reduced. The bill establishes a nonimmigrant alien W-visa for the parent of an adult (at least 21 years old) U.S. citizen.

Reforming American Immigration for Strong Employment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeownership Affordability Act of 2007''. SEC. 2. QUALIFIED HOMEOWNER DOWNPAYMENT ASSISTANCE. (a) In General.--Section 501 of the Internal Revenue Code of 1986 (relating to exemption of tax on corporations, certain trusts, etc.) is amended by redesignating subsection (r) as subsection (s) and by inserting after subsection (q) the following new subsection: ``(r) Qualified Homeowner Downpayment Assistance.-- ``(1) In general.--For purposes of subsection (c)(3) and sections 170(c)(2), 2055(a)(2), and 2522(a)(2), the term `charitable purposes' includes the provision of qualified homeowner downpayment assistance. ``(2) Qualified homeowner downpayment assistance.--For purposes of this subsection, the term `qualified homeowner downpayment assistance' means a gift of cash for the purpose of providing any downpayment for the acquisition of any property as a principal residence (within the meaning of section 121) for a qualified taxpayer if-- ``(A) with respect to such property, such gift does not exceed 20 percent of 110 percent of the maximum principal obligation allowable, and ``(B) the purchase price of such property does not exceed 110 percent of the maximum principal obligation allowable. ``(3) Maximum principal obligation allowable.--The maximum principal obligation allowable with respect to any property is the maximum principal obligation allowable for the area in which such property is located, determined under section 203(b)(2)(A) of the National Housing Act, for a loan insured pursuant to such section 203. ``(4) Qualified taxpayer.--For purposes of paragraph (2), the term `qualified taxpayer' means a taxpayer whose modified adjusted gross income for the taxable year in which the downpayment assistance is received does not exceed $110,000 ($220,000 in the case of a joint return). For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.''. (b) No Charitable Deduction for Contributions for Downpayment Assistance.--Subsection (f) of section 170 of the Internal Revenue Code of 1986 (relating to disallowance of deduction in certain cases and special rules) is amended by adding at the end the following new paragraph: ``(19) Denial of deduction of contributions for downpayment assistance.--No deduction shall be allowed under this section for a contribution to an organization which provides homeowner downpayment assistance if the contribution is made directly or indirectly in connection with a transaction in which the purchaser of a home received downpayment assistance and the contributor-- ``(A) received the downpayment assistance, ``(B) sold the home to the purchaser, ``(C) loaned money to the purchaser, or ``(D) otherwise received a commission or other benefit associated with the transaction.''. (c) Exclusion From Taxable Gifts.-- (1) In general.--Paragraph (2) of section 2503(e) of such Code (relating to exclusion for certain transfers for educational expenses or medical expenses) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) if such payment is qualified homeowner downpayment assistance (as defined in section 501(r)(2)) paid to a lender or the seller of the property on behalf of a donee who is related to the donor.''. (2) Relationship test.--Paragraph (2) of section 2503(e) of such Code is amended by adding at the end the following flush sentence: ``For purposes of subparagraph (C), a donee is related to a donor if the donee bears a relationship to the donor described in section 529(e)(2) (other than subparagraph (D) thereof).''. (3) Conforming amendment.--The heading for section 2503(e) of such Code is amended by striking ``Educational Expenses or Medical Expenses'' and inserting ``Educational Expenses, Medical Expenses, or Downpayment Assistance''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Homeownership Affordability Act of 2007 - Amends the Internal Revenue Code to deem qualified homeowner downpayment assistance as a charitable purpose for income, estate, and gift tax purposes. Defines "qualified homeowner downpayment assistance" as a gift of cash for the purpose of providing any downpayment for the purchase of a principal residence for a taxpayer whose modified adjusted gross income does not exceed $110,000 ($220,000 for joint returns), if: (1) such gift does not exceed 20% of 110 percent of the maximum principal obligation allowable; and (2) the purchase price of such property does not exceed 110 percent of such amount. Denies an income tax deduction to a donor of homeowner downpayment assistance who receives a direct financial benefit in connection with the purchase of a principal residence for which downpayment assistance was provided. Allows a gift tax exclusion for a homeowner downpayment gift.

To amend the Internal Revenue Code of 1986 to provide that qualified homeowner downpayment assistance is a charitable purpose, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``416d65726963612043616e20436f6465 Act of 2013'' or the ``America Can Code Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the National Science Foundation, 2 percent of students studying science, technology, engineering, or math (STEM) are computer science majors, while 60 percent of STEM jobs are in the computing field. (2) The Bureau of Labor Statistics estimates that computer programming jobs are growing at twice the national job growth average, and these jobs are high paying middle class jobs that can secure the financial future of many American families and also help grow the United States economy. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) secondary schools should focus on preparing career and technical students, including underrepresented groups such as minorities and women, for academic and technical opportunities in postsecondary education or entry into a high paying, skilled job in the computer programming field; (2) elementary schools and secondary schools should place emphasis on coding and computer programming as a vocational and technical education track; (3) educators should rethink the way coding as a skill is conceptualized within the education system and in our society; and (4) learning to write and read code is critical to creating and innovating in cyberspace, and learning this language is also a skill critical to the national security and economic competitiveness of the United States. SEC. 4. CODING AS A CRITICAL FOREIGN LANGUAGE. Section 6002(b)(1) of the America COMPETES Act (20 U.S.C. 9802(b)(1)) is amended by inserting ``, including a computer programming language,'' after ``a foreign language''. SEC. 5. AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION ACT OF 2006. The Carl D. Perkins Vocational and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) is amended-- (1) in section 122(c) (20 U.S.C. 2342(c))-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) in the first sentence, by inserting ``, including coding and computer programming,'' after ``the career and technical programs of study''; and (II) in clause (iv), by inserting ``, particularly in the technology field'' after ``or an associate or baccalaureate degree''; (ii) in subparagraph (H), by inserting ``, especially in computer programming'' after ``in current or emerging occupations''; and (iii) in subparagraph (I)(iii), by inserting ``, especially in computer programming'' after ``or high demand occupations''; (B) in paragraph (7)-- (i) in subparagraph (A)(ii), by inserting ``, particularly coding and computer programming'' after ``all aspects of an industry''; and (ii) in subparagraph (B), by inserting ``, such as the technology industry'' after ``all aspects of an industry''; (C) in paragraph (9)(C), by inserting ``, especially in computer programming'' after ``or high demand occupations''; (D) in paragraph (16), by inserting ``, especially in computer programming'' after ``regional occupational opportunities''; and (E) in paragraph (18), by inserting ``, especially in computer programming'' after ``or high demand occupations and non-traditional fields''; and (2) in section 203 (20 U.S.C. 2373)-- (A) in subsection (c)-- (i) in paragraph (2)-- (I) in subparagraph (B), by inserting ``, especially in coding and computer programming,'' after ``integrates academic and career and technical education instruction''; (II) in subparagraph (C), by inserting ``, especially in computer programming'' after ``or high demand occupations''; (III) in subparagraph (E), by inserting ``, particularly in the technology field'' after ``in a specific career field''; and (IV) in subparagraph (F), by inserting ``, particularly in computer programming,'' after ``or high wage employment''; and (ii) in paragraph (6), by inserting ``, particularly in the technology industry,'' after ``(including preapprenticeship programs)''; (B) in subsection (d)(1), by inserting ``, including hardware and software'' after ``provide for the acquisition of tech prep program equipment''; and (C) in subsection (e)(1)-- (i) in subparagraph (B)-- (I) by redesignating clauses (iv) and (v) and (v) and (vi), respectively; and (II) by inserting after clause (iii) the following: ``(iv) complete a State or industry- recognized certification or licensure in computer programming;''; and (ii) in subparagraph (C)-- (I) by redesignating clauses (iii) and (iv) and (iv) and (v), respectively; and (II) by inserting after clause (ii) the following: ``(iii) complete a State or industry- recognized certification or licensure in computer programming;''. SEC. 6. TASK FORCE ON COMPUTER PROGRAMMING AND CODING. (a) Establishment of Task Force on Computer Programming and Coding.--Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall convene a task force to explore-- (1) mechanisms for the development of draft curricula for elementary and secondary education with respect to computer programming and coding; (2) a mechanism to collect and share best practices among educators with respect to computer programming and coding at the elementary school and secondary school levels; and (3) a national strategy to ensure competitiveness in emerging STEM fields, such as computer programming and coding. (b) Functions.--The task force shall-- (1) develop options for a collaborative model and an organizational structure for such task force under which the joint research and development activities may be planned, managed, and conducted effectively, including mechanisms for the allocation of resources among the participants of such task force for support of such activities; (2) identify and prioritize at least 3 challenges of educating and training a workforce equipped to fill computer science and engineering jobs, particularly focused on nationally significant problems requiring collaborative and interdisciplinary solutions; (3) propose a process for developing a research and development agenda for such task force to address the challenges identified under paragraph (2); (4) define the roles and responsibilities for the members from each of the groups described in paragraphs (1) through (4) of subsection (c); (5) establish the information portal described in subsection (e); and (6) make recommendations for how task force may be funded from Federal, State, and nongovernmental sources. (c) Composition.--In establishing the task force under subsection (a), the Secretary shall appoint to serve on the task force an equal number of representatives from each of the following 4 groups: (1) The Department of Education and other relevant Federal Government agencies. (2) Elementary school or secondary school teachers. (3) Institutions of higher education, including minority- serving institutions and community colleges. (4) Employers of individuals with expertise in computer science and engineering. (d) Compensation and Expenses.--Members of the task force shall serve without compensation. (e) Information Portal.-- (1) In general.--The task force shall establish and maintain, an information portal which shall-- (A) include the establishment of an online, publicly available information portal for use by elementary schools and secondary schools and stakeholders that directs users to key data and tools to build or update curricula for elementary and secondary education on coding and computer programming; and (B) expand and be complementary to existing Federal efforts promoting coding and computer programming in elementary schools and secondary schools to prepare for high paying skilled jobs in the computer programming field. (2) Contents.--The information portal established under this subsection shall direct users (who may include elementary schools and secondary schools, academia, and private sector stakeholders, and non-profit organizations with expertise in coding), to coordinated and systematic information on promoting coding and computer programming in elementary schools and secondary schools to prepare students for high paying skilled jobs in the computer programming field, including-- (A) best or model practices; (B) data; (C) case studies; (D) indicators; (E) scientific reports; (F) policy recommendations for Federal, State, and local government; (G) guidance documents and design standards for elementary schools and secondary schools; (H) incentives for teachers; (I) education initiatives; (J) support tools, including draft curricula and appropriate materials for teachers; (K) public and private sources of assistance to available to support computer science and engineering in elementary schools and secondary schools; and (L) such other information as the coordinating as the task force considers appropriate. (f) Report.--Not later than 24 months after the date of enactment of this Act, the Secretary shall transmit to the Committees on Education and Workforce and Oversight and Government Reform of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Homeland Security and Governmental Affairs of the Senate a report describing the findings and recommendations of the task force. (g) Termination.--The task force shall terminate upon the completion of information portal report required under subsection (e) and the transmittal of the report required under subsection (f). (h) Definitions.--In this section: (1) ESEA terms.--The terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Community college.--The term ``community college'' has the meaning given the term ``junior or community college'' in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Minority-serving institution.--The term ``minority- serving institution'' means an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 20 U.S.C. 1067q(a)). (5) Secretary.--The term ``Secretary'' means the Secretary of Education.

416d65726963612043616e20436f6465 Act of 2013 or the America Can Code Act of 2013 - Expresses the sense of Congress regarding the importance of instruction in coding and computer programming to students' academic and vocational success, innovations in cyberspace, and our national security and economic competitiveness. Amends the America COMPETES Act to include computer programming language that is critical to the national security and economic competitiveness of our country as a "critical foreign language," the study of which is included in the teacher education programs and Advanced Placement or International Baccalaureate programs funded under that Act. Amends the Carl D. Perkins Vocational and Technical Education Act of 2006 to provide for: (1) state plans to include coding and computer programming instruction within the career and technical programs of study for which states receive assistance under that Act, and (2) the inclusion of coding and computer programming instruction within the federally-assisted tech prep programs that prepare participants in a career field by providing them with at least two years of secondary education followed by at least two years of postsecondary education or participation in an apprenticeship program. Directs the Secretary of Education to convene a task force to explore: (1) mechanisms for the development of draft curricula for elementary and secondary computer programming and coding education; (2) a mechanism to collect and share best elementary and secondary school computer programming and coding practices among educators; and (3) a national strategy to ensure competitiveness in emerging science, technology, engineering, and mathematics (STEM) fields, such as computer programming and coding. Requires the task force to establish an information portal that directs users to coordinated and systematic information on promoting coding and computer programming in elementary and secondary schools.

416d65726963612043616e20436f6465 Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pulmonary Hypertension Research and Diagnosis Act of 2013''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Pulmonary hypertension is a serious, debilitating, and often fatal progressive condition where the blood pressure in the lungs rises to dangerously high levels. In pulmonary hypertension patients, the walls of the arteries that take blood from the right side of the heart to the lungs thicken and constrict. As a result, the right side of the heart has to pump harder to move blood into the lungs, causing it to enlarge and ultimately fail. (2) In advanced stages of pulmonary hypertension, the patient is able to perform only minimal activity and has symptoms even when resting, resulting in considerable disability. The disease may worsen to the point where the patient is completely bedridden. In a matter of months, many pulmonary hypertension patients have become so functionally deteriorated that they have lost their jobs and are dependent on family and disability benefits. (3) Despite the importance of early diagnosis on prognosis, pulmonary hypertension is rarely picked up in a routine medical exam. Even in its later stages, the signs of the disease are frequently confused with more common conditions that affect the heart and lungs. Due to the fact that the average length of time between the onset of symptoms and an accurate diagnosis is presently 2.8 years, nearly three out of four patients have advanced pulmonary hypertension by the time they are accurately diagnosed. (4) While pulmonary hypertension remains an incurable condition, progress in our scientific understanding of the disease has led to the development and Food and Drug Administration approval of nine innovative therapies indicated to treat pulmonary hypertension. (5) Existing treatment options can significantly extend life and improve quality of life for patients with pulmonary hypertension. The effectiveness of pulmonary hypertension treatment options is directly tied to how early in the progression of the condition a patient can be accurately diagnosed and begin the correct regimen of therapies. Improved early intervention will improve health outcomes for pulmonary hypertension patients while reducing the necessity for more drastic and costly treatment options, such as a lung or heart- lung transplant. SEC. 3. INTERAGENCY PULMONARY HYPERTENSION COORDINATING COMMITTEE. (a) Establishment.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall establish a committee, to be known as the ``Interagency Pulmonary Hypertension Coordinating Committee'' (in this Act referred to as the ``Committee''), to make recommendations on, and coordinate, all efforts within the Department of Health and Human Services concerning pulmonary hypertension. (b) Responsibilities.--In carrying out its duties under this section, the Committee shall-- (1) develop and annually update a summary of pulmonary hypertension advances in medical research and treatment development and improvement, early and accurate diagnosis, appropriate and timely intervention, transplantation, and access to care and therapies for patients; (2) monitor Federal activities with respect to pulmonary hypertension; (3) make recommendations to the Secretary regarding appropriate changes to such activities, including recommendations with respect to the strategic plan developed under paragraph (5); (4) make recommendations to the Secretary regarding stakeholder participation in decisions relating to pulmonary hypertension; (5) develop and annually update a comprehensive strategic plan to cooperatively improve health outcomes for pulmonary hypertension patients which includes-- (A) recommendations to improve professional education concerning accurate diagnosis and appropriate intervention for health care providers; (B) recommendations to improve the transplantation criteria and process concerning lung and heart-lung transplants for pulmonary hypertension patients; (C) recommendations to improve public awareness and recognition of pulmonary hypertension; (D) recommendations to improve health care delivery and promote early and accurate diagnosis for pulmonary hypertension patients; and (E) recommendations to systematically advance the full spectrum of biomedical research, including specific recommendations for basic, translational, clinical, and pediatric research, and research training and career development; and (6) submit to the Congress the strategic plan under paragraph (5) and any updates to such plan. (c) Membership.-- (1) In general.--The Committee shall be composed of-- (A) the Administrator of the Health Resources and Services Administration; (B) the Director of the Centers for Disease Control and Prevention and the directors of such centers at the Centers for Disease Control and Prevention as the Secretary determines appropriate; (C) the Director of the National Institutes of Health and the directors of such institutes, centers, and offices at the National Institutes of Health as the Secretary determines appropriate; (D) the Director of the Agency for Healthcare Research and Quality; (E) the Commissioner of Food and Drugs and the directors of such centers and offices at the Food and Drug Administration as the Secretary determines appropriate; (F) the heads of other relevant agencies as the Secretary deems appropriate; and (G) the additional members appointed under paragraph (2). (2) Additional members.--Not fewer than 6 members of the Committee or \1/3\ of the total membership of the Committee, whichever is greater, shall be composed of non-Federal public members to be appointed by the Secretary, of which-- (A) at least one such member shall be an individual with a diagnosis of pulmonary hypertension; (B) at least one such member shall be the primary caregiver for an individual with a diagnosis of pulmonary hypertension; and (C) at least one such member shall be a representative of a leading research, advocacy, and support organization primarily serving individuals with a diagnosis of pulmonary hypertension. (d) Administrative Support; Terms of Service; Other Provisions.-- The following provisions shall apply with respect to the Committee: (1) The Committee shall receive necessary and appropriate administrative support from the Secretary. (2) Members of the Committee appointed under subsection (c)(2) shall serve for a term of 4 years, and may be appointed for one or more additional 4-year terms. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member's term until a successor has taken office. (3) The Committee shall meet at the call of the chairperson or upon the request of the Secretary. The Committee shall meet not fewer than two times each year. (4) All meetings of the Committee shall be public and shall include appropriate time periods for questions and presentations by the public. (e) Subcommittees; Establishment and Membership.--In carrying out its functions, the Committee may establish subcommittees and convene workshops and conferences. Such subcommittees shall be composed of Committee members and may hold such meetings as are necessary to enable the subcommittees to carry out their duties. SEC. 4. REPORT TO CONGRESS. (a) In General.--Not later than one year after the date of enactment of this Act, and biennially thereafter, the Secretary, in coordination with the Committee, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce Committee of the House of Representatives a progress report on activities related to improving health outcomes for pulmonary hypertension patients. (b) Contents.--The report submitted under subsection (a) shall contain-- (1) information on the incidence of pulmonary hypertension and trend data of such incidence since the date of enactment of the Pulmonary Hypertension Research and Diagnosis Act of 2013; (2) information on the average time between initial screening and accurate diagnosis as well as the average stage of pulmonary hypertension when appropriate intervention begins and up-to-date, related trend data; (3) information on the effectiveness and outcomes of interventions for individuals diagnosed with pulmonary hypertension, including-- (A) mortality rate, as well as the frequency of drastic treatment options like lung and heart-lung transplants; and (B) up-to-date, related trend data; (4) information on breakthroughs in basic science as well as translational and clinical research activities; (5) information on activity to facilitate the development of innovative treatment options and diagnostic tools; and (6) information on services and supports provided to individuals with a diagnosis of pulmonary hypertension. SEC. 5. SUNSET. This Act shall not apply after September 30, 2018, and the Interagency Pulmonary Hypertension Coordinating Committee shall be terminated on such date.

Pulmonary Hypertension Research and Diagnosis Act of 2013 - Directs the Secretary of Health and Human Services (HHS) to establish an Interagency Pulmonary Hypertension Coordinating Committee to make recommendations on, and coordinate, all efforts within HHS concerning pulmonary hypertension. Requires the Committee to: (1) develop and update annually a summary of pulmonary hypertension advances in medical research and treatment development and improvement, early and accurate diagnosis, appropriate and timely intervention, transplantation, and access to care and therapies for patients; (2) monitor federal activities respecting pulmonary hypertension; (3) make recommendations regarding appropriate changes to such activities as well as stakeholder participation in decisions relating to pulmonary hypertension; and (4) develop and update annually a comprehensive strategic plan to cooperatively improve health outcomes for pulmonary hypertension patients.

Pulmonary Hypertension Research and Diagnosis Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Reconstruction Corps Act''. SEC. 2. PURPOSE. It is the purpose of this Act to-- (1) create incentives for private enterprise to invest in light infrastructure projects in cities in which such enterprises do business; (2) assist community based organizations in assembling and finding employment for residents of the community in neighborhood reconstruction corps projects; and (3) provide training, positive work habits, work skills, and light construction skills for urban residents. SEC. 3. ESTABLISHMENT OF PROGRAM. (a) In General.--The Secretary of Labor (hereafter referred to in this section as the ``Secretary''), shall establish a program, to be known as the Neighborhood Reconstruction Corps Program, under which the Secretary shall award competitive matching grants to eligible entities to enable such entities to employ economically disadvantaged adults, as described in section 202(d)(1)(A) of the Job Training Partnership Act, or disadvantaged youth, as described in part B of title IV of such Act, to perform infrastructure repair services in Economically Distressed Central Cities. (b) Eligibility and Application.--To be eligible to receive a matching grant under the program established under subsection (a), an entity shall-- (1) be a nonprofit community development corporation, or a private business entity; (2) serve in an area of high unemployment and poverty within an Economically Distressed Central City; (3) prepare and submit to the Secretary an application at such time, in such manner and containing such information as the Secretary may require, including-- (A) a description of the activities to be carried out with amounts received and matched under the grant; (B) a certification from the State or local governmental entity with respect to such activities; (C) assurances, satisfactory to the Secretary, that non-Federal funds will be provided by the applicant to carry out activities under the grant; (D) a description of the organizations to be used for the management of the project; and (E) any other information determined appropriate by the Secretary; (4) meet any other requirements determined appropriate by the Secretary. (c) Use of Amounts.-- (1) In general.--An entity that receives a matching grant under this section shall use amounts received under such grant to employ economically disadvantaged adults in projects to perform light, labor-intensive infrastructure repair. (2) Requirements.--Projects funded under paragraph (1) shall-- (A) be for the repair of-- (i) public facilities, including schools, governmental buildings, and public housing facilities; or (ii) publicly owned property not otherwise covered under clause (i), including roadways, bridges and sewers; (B) include-- (i) construction in compliance with the Americans with Disabilities Act of 1990; (ii) the removal of graffiti; (iii) the replacement of sidewalks, curbs, or roadsides; (iv) the refurbishing or refinishing of publicly owned housing or building stock; (v) the construction of fences bordering publicly owned abandoned buildings; (vi) demolition clean up; (vii) asbestos removal; and (viii) lead abatement projects; (C) not cost in excess of a total of more than $1,000,000; (D) provide for the contribution of matching funds in an amount that is equal to 50 percent of the amount of the grant, but in no case in excess of $250,000; (E) with respect to projects carried out by private entities, not be utilized as a condition for any kind of waiver or exemption for such entities from local zoning or property tax laws; (F) employ individuals residing in the community to be served by the project; (G) provide such individuals with the necessary training in a construction trade to enable such individuals to carry out their duties under the project; (H) provide the training required under subparagraph (G) through a partnership with a local contractor or a construction trade union; and (I) meet such other requirements as the Secretary determines appropriate. (3) Preference.--In awarding grants under this section, the Secretary shall give preference to projects that demonstrate successful efforts to serve non-custodial parents of nondependent children who are recipients of assistance under title IV of the Social Security Act, except that such project must require that such non-custodial parents agree in writing to have an appropriate portion of their earnings under the project withheld to meet any child support order. (d) Peer Review Panel.--The Secretary shall provide for the establishment of a peer review panel to perform the initial review of applications for assistance under this section and make recommendations to the Secretary with respect to such applications. The panel shall include at least one representative of-- (1) a contractor for public infrastructure construction; (2) a member of a private industry council under section 102 of the Job Training Partnership Act; (3) individuals who have been instrumental in developing a model construction job training program; (4) employees in community or urban planning at a local or city government; and (5) employees of a non-profit or for profit housing authority. (e) Amount of Grant.--The amount of a grant awarded under this section shall not exceed the amount contributed to the project by the applicant entity. Such contributed amounts shall be non-Federal in nature and be made available directly or through donations from public or private entities. (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section, $500,000,000 for each of the fiscal years 1993 through 1997. (2) Use.--Of the amounts appropriated for each fiscal year under paragraph (1)-- (A) not to exceed 5 percent of such amount shall be used for administrative costs; and (B) the remainder of such amounts shall be used to award matching grants. (g) Community Development Corporation.--As used in this section the term ``community development corporation'' means a private, nonprofit corporation whose board of directors is comprised of business, civic and community leaders, and whose principal purpose includes the provision of low-income housing or community economic development projects that primarily benefit low-income individuals and communities. SEC. 4. ECONOMICALLY DISTRESSED CENTRAL CITIES. (a) Requirements.--To be an Economically Distressed Central City under section 4, a city shall-- (1) be a metropolitan city (as defined in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)); (2) be eligible to receive an allocation of funds under section 106(a)(3) of the Housing and Community Development Act of 1974 for the most recent fiscal year ending prior to the date of enactment of this title; (3) have a population of at least 30,000; and (4) have a need adjusted per capita income less than 1.25 (as determined under subsection (b)) on the basis of the most recent data available. (b) Need Adjusted Per Capita Income.--The Secretary of Housing and Urban Development shall determine the Need Adjusted Per Capita Income for each city that meets the requirements of paragraphs (1) and (2) of subsection (a) under the following formula: (1) Determination of need index.-- (A) For purposes of this section, the term ``need index'' means the number equal to the quotient of-- (i) the term ``N'', as determined under subparagraph (B); divided by (ii) the term ``P'', as determined under subparagraph (C). (B) For purposes of subparagraph (A)(i), the term ``N'' means the percentage constituted by the ratio of-- (i) the amount of funds allotted to the city in the fiscal year in which the calendar year begins under section 106(a)(3) of the Housing and Community Development Act of 1974; to (ii) the sum of the amount of funds received by all eligible cities in such fiscal year under section 106(a)(3) of the Housing and Community Development Act of 1974. (C) For purposes of subparagraph (A)(ii), the term ``P'' means the percentage constituted by the ratio of-- (i) the amount equal to the total population of the city, as determined by the Secretary using the most recent data that is available from the Secretary of Commerce pursuant to the decennial census and pursuant to reasonable estimates by such Secretary of changes occurring in the data in the ensuing period, to (ii) the amount equal to the total population of all eligible cities in the current fiscal year. (D) For purposes of this paragraph, the term ``eligible cities'' means those cities which meet the requirements of paragraph (1) and (2) of subsection (a). (2) Determination of need adjusted per capita income factor.-- (A) For purposes of this section (and subject to subparagraph (D)), the term ``need adjusted per capita income factor'' means the amount equal to the percentage determined for the city in accordance with the following formula: I 1-.15 <3-ln (> ------- <3-ln )> Q (B) For purposes of subparagraph (A), the term ``I'' means the per capita income of the city for the most recent year for which data is available, as determined by the Secretary of Commerce. (C) For purposes of subparagraph (A), the term ``Q'' means the product of-- (i) the need index of such city, as determined under paragraph (1); and (ii) the amount equal to the per capita income of the United States for the most recent year for which data is available, as determined by the Secretary of Commerce. (D) In the case of a city for which the quotient of the term ``I'' (as determined under subparagraph (B)) divided by the term ``Q'' (as determined under subparagraph (C)) is less than 0.2, then such quotient shall be deemed to be equal to 0.2 for such city for purposes of the formula under subparagraph (A).

Neighborhood Reconstruction Corps Act - Directs the Secretary of Labor to establish the Neighborhood Reconstruction Corps program to award competitive matching grants to eligible entities to employ economically disadvantaged adults or youth to perform infrastructure repair services in economically distressed central cities. Requires peer review panels to review applications and make recommendations to the Secretary. Authorizes appropriations.

Neighborhood Reconstruction Corps Act

SECTION 1. ELECTIONS FOR THRIFT SAVINGS PLAN CONTRIBUTIONS. (a) Short Title.--This Act may be cited as the ``Thrift Savings Plan Open Elections Act of 2004''. (b) In General.--Section 8432(b)(1)(A) of title 5, United States Code, is amended-- (1) in the first sentence-- (A) by inserting ``(i)'' before ``The Executive Director''; and (B) by striking ``shall be afforded a reasonable period every 6 months to elect to'' and inserting ``may''; (2) by striking the second sentence; and (3) by adding at the end the following: ``(ii) An election to make contributions under this paragraph-- ``(I) may be made at any time; ``(II) shall take effect on the earliest date after the election that is administratively feasible; and ``(III) shall remain in effect until modified or terminated.''. (c) Continuation of Not Making Immediate Agency Contributions.-- Section 8432(b)(4)(C) of title 5, United States Code, is amended-- (1) by inserting ``(i)'' after ``(C)''; and (2) by adding at the end the following: ``(ii) Notwithstanding subparagraph (A) or (B), contributions under paragraphs (1) and (2) of subsection (c) shall not begin to be made with respect to an employee or Member described under paragraph (2)(A) or (B) until the date that such contributions would have begun to be made in accordance with this paragraph as administered on the date preceding the date of enactment of the Thrift Savings Plan Open Elections Act of 2004.''. (d) Technical and Conforming Amendments.-- (1) Civil service retirement system participation.--Section 8351(a)(2) of title 5, United States Code, is amended by striking ``only during a period'' and inserting ``as''. (2) Contributions by previously ineligible employees.-- Section 8432(b)(2) of title 5, United States Code, is amended-- (A) in subparagraph (A), by striking ``second period'' and inserting ``date''; (B) in subparagraph (C), by striking ``second period'' and inserting ``date''; and (C) in subparagraph (D) by striking ``other than during a period afforded'' and inserting ``as provided''. (3) Provision of information.--Section 8439(c)(2) of title 5, United States Code, is amended by striking ``at least 30 calendar days before the beginning of each election period under section 8432(b)(1)(A) of this title'' and inserting ``on a regular basis''. (4) Justices and judges.--Section 8440a(a)(2) of title 5, United States Code, is amended by striking ``only during a period'' and inserting ``as''. (5) Bankruptcy judges and magistrate judges.--Section 8440b(a)(2) of title 5, United States Code, is amended by striking ``only during a period'' and inserting ``as''. (6) Court of federal claims judges.--Section 8440c(a)(2) of title 5, United States Code, is amended by striking ``only during a period'' and inserting ``as''. (7) Judges of the united states court of appeals for veterans claims.--Section 8440d(a)(2) of title 5, United States Code, is amended by striking ``only during a period'' and inserting ``as''. (8) Members of the uniformed services.--Section 8440e(b)(2)(A) of title 5, United States Code, is amended-- (A) by striking ``only during a period'' and inserting ``as''; and (B) by striking all after section ``8432(b)'' and inserting a period. SEC. 2. ENHANCING FINANCIAL LITERACY. (a) In General.--The Federal Retirement Thrift Investment Board (in this section referred to as the ``Board'') shall periodically evaluate whether the tools available to participants provide the information needed to understand, evaluate, and compare financial products, services, and opportunities offered through the Thrift Savings Plan. The Board shall use these evaluations to improve its existing education program for Thrift Savings Plan participants. (b) Report on Financial Literacy Efforts.--The Board shall annually report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives on its Thrift Savings Plan education efforts on behalf of plan participants. (c) Strategy.--As part of the retirement training offered by Office of Personnel Management under section 8350 of title 5, United States Code, the Office, in consultation with the Board, shall-- (1) not later than 6 months after the date of enactment of this Act, develop and implement a retirement financial literacy and education strategy for Federal employees that-- (A) shall educate Federal employees on the need for retirement savings and investment; and (B) provide information related to how Federal employees can receive additional information on how to plan for retirement and calculate what their retirement investment should be in order to meet their retirement goals; and (2) submit a report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives on the strategy described under paragraph (1). Passed the Senate July 16, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Thrift Savings Plan Open Elections Act of 2004 - Allows an election by a Federal employee or member to make contributions under the Thrift Savings Plan (TSP) of the Federal Employees' Retirement System to be made at any time. Provides that such an election shall take effect on the earliest date after the election that is administratively feasible and shall remain in effect until modified or terminated. Prohibits agency contributions from beginning to be made for an employee or member until the date that such contributions would have begun to be made in accordance with regulations as administered on the date preceding the enactment of this Act. Instructs the Federal Retirement Thrift Investment Board to: (1) periodically evaluate whether the tools available to participants provide the information needed to understand, evaluate, and compare financial products, services, and opportunities offered through the TSP; (2) use these evaluations to improve its existing program for TSP participants; and (3) annually report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives on its TSP education efforts on behalf of plan participants. Directs the Office of Personnel Management (OPM), as part of the retirement training offered by OPM, to: (1) develop and implement a retirement financial literacy and education strategy for Federal employees that educates Federal employees on the need for retirement savings and investment and that provides information related to how Federal employees can receive additional information on how to plan for retirement and calculate what their retirement investment should be in order to meet their retirement goals; and (2) submit a report on such strategy to such committees.

A bill to amend chapter 84 of title 5, United States Code, to provide for Federal employees to make elections to make, modify, and terminate contributions to the Thrift Savings Fund at any time, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Broadband and Emerging Information Technology Enhancement Act of 2010''. SEC. 2. FINDINGS. Congress finds that, according to a report by the Federal Communications Commission entitled ``Connecting America: The National Broadband Plan'', dated March 2010, the Commission recommends that-- (1) ``To fully implement next-generation technology within its operations, the SBA should also appoint a broadband and emerging IT coordinator. This individual would ensure that SBA programs maintain the requisite broadband expertise, tools and training courses to serve small businesses.''; (2) ``Congress should consider ways to leverage existing assistance provided through'' entrepreneurial development programs, ``to focus training on advanced IT and broadband applications''; (3) ``Congress could also consider ways to support technology training among women entrepreneurs through'' women's business centers; (4) ``The training programs should include an entry-level `Broadband 101' course to give small businesses an introduction to how to capitalize on broadband connectivity, as well as more advanced applications for IT staff.''; (5) small and medium enterprise ``IT training should include resources for non-IT staff, such as how to use e- commerce tools for sales, streamline finance with online records or leverage knowledge management across an organization.''; and (6) ``To facilitate the development of broadband networks, Congress should consider allowing all agencies to set the fees for access to rights-of-way for broadband services on the basis of a direct cost recovery approach, especially in markets currently underserved or unserved by any broadband service provider. The Executive Branch should also develop one or more master contracts for all federal property and buildings covering the placement of wireless towers.''. SEC. 3. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; and (2) the term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). SEC. 4. BROADBAND AND EMERGING INFORMATION TECHNOLOGY COORDINATOR. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 44 as section 45; and (2) by inserting after section 43 the following: ``SEC. 44. BROADBAND AND EMERGING INFORMATION TECHNOLOGY. ``(a) Definition.--In this section, the term `broadband and emerging information technology coordinator' means the individual assigned the broadband and emerging information technology coordination responsibilities of the Administration under subsection (b)(1). ``(b) Assignment of Coordinator.-- ``(1) Assignment of coordinator.--The Administrator shall assign responsibility for coordinating the programs and activities of the Administration relating to broadband and emerging information technology to an individual who-- ``(A) shall report directly to the Administrator; ``(B) shall work in coordination with-- ``(i) the chief information officer, the chief technology officer, and the head of the Office of Technology of the Administration; and ``(ii) any Associate Administrator of the Administration determined appropriate by the Administrator; ``(C) shall not be an employee of the Office of Technology of the Administration; ``(D) has experience developing and implementing telecommunications policy in the private sector or government; and ``(E) has demonstrated significant experience in the area of broadband or emerging information technology. ``(2) Responsibilities of coordinator.--The broadband and emerging information technology coordinator shall-- ``(A) coordinate programs of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and other emerging information technologies; ``(B) serve as the primary liaison of the Administration to other Federal agencies involved in broadband and emerging information technology policy, including the Department of Commerce, the Department of Agriculture, and the Federal Communications Commission; and ``(C) identify best practices relating to broadband and emerging information technology that may benefit small business concerns. ``(3) Travel.--Not more than 20 percent of the hours of service by the broadband and emerging information technology coordinator during any fiscal year shall consist of travel outside the United States to perform official duties. ``(c) Broadband and Emerging Technology Training.-- ``(1) Training.--The Administrator shall provide to employees of the Administration training that-- ``(A) familiarizes employees of the Administration with broadband and other emerging information technologies; and ``(B) includes-- ``(i) instruction counseling small business concerns regarding adopting, making innovations in, and using broadband and other emerging information technologies; and ``(ii) information on programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies. ``(2) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. ``(d) Reports.-- ``(1) Biennial report on activities.--Not later than 2 years after the date on which the Administrator makes the first assignment of responsibilities under subsection (b), and every 2 years thereafter, the broadband and emerging information technology coordinator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the programs and activities of the Administration relating to broadband and other emerging information technologies. ``(2) Report on federal programs.--Not later than 1 year after the date of enactment of this section, the broadband and emerging information technology coordinator, in consultation with the Secretary of Agriculture, the Assistant Secretary of Commerce for Communications and Information, and the Chairman of the Federal Communications Commission, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies, which shall include recommendations, if any, for improving coordination among the programs.''. SEC. 5. ENTREPRENEURIAL DEVELOPMENT. (a) Assistance by Small Business Development Centers.--Section 21(c)(3)(B) of the Small Business Act (15 U.S.C. 648(c)(3)(B)) is amended-- (1) in the matter preceding clause (i), by inserting ``accessing broadband and other emerging information technology,'' after ``technology transfer,''; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by adding at the end the following: ``(iv) increasing the competitiveness and productivity of small business concerns by assisting entrepreneurs in accessing broadband and other emerging information technology;''. (b) Assistance by Women's Business Centers.--Section 29(b)(3) of the Small Business Act (15 U.S.C. 656(b)(3)) is amended by inserting ``using broadband and other emerging information technologies,'' after ``negotiating contracts,''. SEC. 6. CAPITAL ACCESS. (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended in the matter preceding paragraph (1) by inserting ``(including to purchase equipment for broadband or other emerging information technologies)'' after ``equipment''. (b) Microloans.--Section 7(m)(1)(A)(iii)(I) of the Small Business Act (15 U.S.C. 636(m)(1)(A)(iii)(I)) is amended by inserting ``(including to purchase equipment for broadband or other emerging information technologies)'' after ``or equipment''. (c) 504 Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 697) is amended in the matter preceding paragraph (1) by inserting ``and the purchase of equipment for broadband or other emerging information technologies'' after ``acquisition of land''. SEC. 7. RURAL SMALL BUSINESS TECHNOLOGY PILOT PROGRAM. (a) Definitions.--In this section-- (1) the term ``qualified small business concern'' means a small business concern located in a rural area; and (2) the term ``rural area'' has the meaning given that term in section 1393(a)(2) of the Internal Revenue Code of 1986. (b) Report.--Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination with the Administrator of General Services, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report describing-- (1) the number of Government-owned computers in the possession of the Administration, including the number of working computers, nonworking computers, desktop computers, and laptop computers; (2) the number of Government-owned computers disposed of by the Administration during the 5-year period ending on the date of enactment of this Act, including the number of such computers that were working computers, nonworking computers, desktop computers, or laptop computers; (3) the procedures of the Administration for the disposal of Government-owned computers; and (4) the plans of the Administrator for carrying out the pilot program under subsection (c). (c) Pilot Program.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to provide not more than 1,000 excess Government- owned computers each year to qualified small business concerns at no cost or a reduced cost. (2) Purposes of program.--The pilot program established under paragraph (1) shall be designed to-- (A) encourage entrepreneurship in rural areas; (B) assist small business concerns in accessing technology; and (C) accelerate the growth of qualified small business concerns. (3) Termination.--The authority to conduct the pilot program under this subsection shall terminate 3 years after the date of enactment of this Act. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section. SEC. 8. REPORT TO CONGRESS. (a) In General.--Not later than 45 days after the date of enactment of this Act, the Administrator, in consultation with the Administrator of General Services, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on ways to assist with the development of broadband and wireless technology that would benefit small business concerns. (b) Content of the Report.--The report submitted under subsection (a) shall-- (1) outline the participation by the Administration in the National Antenna Program, including the number of wireless towers deployed on facilities which contain an office of the Administration; (2) information on agreements between the Administration and the General Services Administration related to broadband and wireless deployment in offices of the Administration; and (3) recommendations, if any, on opportunities for the Administration to improve broadband or wireless technology in offices of the Administration that are in areas currently underserved or unserved by broadband service providers.

Small Business Broadband and Emerging Information Technology Enhancement Act of 2010 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to assign an SBA employee to coordinate SBA programs and activities relating to broadband and emerging information technology (BEIT). Requires the Administrator to provide SBA employees BEIT training in order to assist small businesses in the use of such technologies. Requires reports from the coordinator to the congressional small business committees on coordinator activities and on federal programs that provide BEIT assistance to small businesses. Includes accessing and using BEIT as an authorized activity of small business development centers and women's business centers. Authorizes the use of capital provided under SBA loans for the purchase of equipment for BEIT. Requires a report from the Administrator on the number of government-owned computers in use or disposed of by the SBA. Directs the Administrator to establish a pilot program to provide up to 1,000 computers annually to rural small businesses at no cost or reduced cost. Directs the Administrator to report on ways to assist with the development of broadband and wireless technology that would benefit small businesses.

A bill to improve certain programs of the Small Business Administration to better assist small business customers in accessing broadband technology and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Hurricane Tracking and Forecasting Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Scatterometers on satellites are state-of-the-art radar instruments which operate by transmitting high-frequency microwave pulses to the ocean surface and measuring echoed radar pulses bounced back to the satellite. (2) Scatterometers can acquire hundreds of times more observations of surface wind velocity each day than can ships and buoys, and are the only remote-sensing systems able to provide continuous, accurate and high-resolution measurements of both wind speeds and direction regardless of weather conditions. (3) The Quick Scatterometer satellite (QuikSCAT) is an ocean-observing satellite launched on June 19, 1999, to replace the capability of the National Aeronautics and Space Administration Scatterometer (NSCAT), an instrument which lost power in 1997, 9 months after launch in September 1996. (4) The QuikSCAT satellite has the operational objective of improving weather forecasts near coastlines by using wind data in numerical weather-and-wave prediction, as well as improve hurricane warning and monitoring and acting as the next ``El Nino watcher'' for the National Aeronautics and Space Administration. (5) The QuikSCAT satellite was built in just 12 months and was launched with a 3-year design life, but continues to perform per specifications, with its backup transmitter, as it enters into its 8th year--5 years past its projected lifespan. (6) The QuikSCAT satellite provides daily coverage of 90 percent of the world's oceans, and its data has been a vital contribution to National Weather Service forecasts and warnings over water since 2000. (7) Despite its continuing performance, the QuikSCAT satellite is well beyond its expected design life and a replacement is urgently needed because, according to the National Hurricane Center, without the QuikSCAT satellite-- (A) hurricane forecasting would be 16 percent less accurate 72 hours before hurricane landfall and 10 percent less accurate 48 hours before hurricane landfall resulting in-- (i) with a 16 percent loss of accuracy at 72 hours before landfall, the area expected to be under hurricane danger would rise from 197 miles to 228 miles on average; and (ii) with a 10 percent loss of accuracy at 48 hours before landfall, the area expected to be under hurricane danger would rise from 136 miles to 150 miles on average; and (B) greater inaccuracy of this type would lead to more ``false alarm'' evacuations along the Gulf Coast and Atlantic Coast and decrease the possibility of impacted populations sufficiently heeding mandatory evacuations. (8) According to recommendations in the National Academies of Science report entitled ``Decadal Survey'', a next generation ocean surface wind vector satellite mission is needed during the three year period beginning in 2013. (9) According to the National Hurricane Center, a next generation ocean surface vector wind satellite is needed to take advantage of current technologies that already exist to overcome current limitations of the QuikSCAT satellite and enhance the capabilities of the National Hurricane Center to better warn coastal residents of possible hurricanes. SEC. 3. PROGRAM FOR IMPROVED OCEAN SURFACE WINDS VECTOR SATELLITE. (a) Requirement.--The Administrator of the National Oceanic and Atmospheric Administration shall, in consultation with the Administrator of the National Aeronautics and Space Administration and the head of any other department or agency of the United States Government designated by the President for purposes of this section, carry out a program for an improved ocean surface winds vector satellite. (b) Purposes.--The purposes of the program required under subsection (a) shall be to provide for the development of an improved ocean surface winds vector satellite in order to-- (1) address science and application questions related to air-sea interaction, coastal circulation, and biological productivity; (2) improve forecasting for hurricanes, coastal winds and storm surge, and other weather-related disasters; (3) ensure continuity of quality for satellite ocean surface vector wind measurements so that existing weather forecasting and warning capabilities are not degraded; (4) advance satellite ocean surface vector wind data capabilities; and (5) address such other matters as the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Administrator of the National Aeronautics and Space Administration, considers appropriate. (c) Annual Reports.-- (1) Reports required.--Not later than six months after the date of the enactment of this Act and annually thereafter until the termination of the program required under subsection (a), the Administrator of the National Oceanic and Atmospheric Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives a report on the program required under subsection (a). (2) Elements.--Each report under paragraph (1) shall include the following: (A) A current description of the program required under subsection (a), including the amount of funds expended for the program during the period covered by such report and the purposes for which such funds were expended. (B) A description of the operational status of the satellite developed under the program, including a description of the current capabilities of the satellite and current estimate of the anticipated lifespan of the satellite. (C) A description of current and proposed uses of the satellite by the United States Government, and academic, research, and other private entities, during the period covered by such report. (D) Any other matters that the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Administrator of the National Aeronautics and Space Administration, considers appropriate. (d) Authorization of Appropriations.--There is authorized to be appropriated to the National Oceanic and Atmospheric Administration $375,000,000 to carry out the program required under subsection (a).

Improved Hurricane Tracking and Forecasting Act of 2007 - Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to carry out a program for an improved ocean surface winds vector satellite for purposes including: (1) to address science and application questions related to air-sea interaction, coastal circulation, and biological productivity; (2) to improve forecasting for hurricanes, coastal winds and storm surge, and other weather-related disasters; (3) to ensure continuity of quality for satellite ocean surface vector wind measurements so that existing weather forecasting and warning capabilities are not degraded; and (4) to advance satellite ocean surface vector wind data capabilities.

A bill to improve United States hurricane forecasting, monitoring, and warning capabilities, and for other purposes.

SECTION 1. TRANSFER OF NEBRASKA AVENUE NAVAL COMPLEX, DISTRICT OF COLUMBIA. (a) Transfer Required.--Except as provided in subsection (b), the Secretary of the Navy shall transfer the parcel of Department of the Navy real property in the District of Columbia known as the Nebraska Avenue Complex to the jurisdiction, custody, and control of the Administrator of General Services for the purpose of permitting the Administrator to use the Complex to accommodate the Department of Homeland Security. The Complex shall be transferred in its existing condition. (b) Authority to Retain Military Family Housing.--At the option of the Secretary of the Navy, the Secretary may retain jurisdiction, custody, and control over that portion of the Complex that, as of the date of the enactment of this Act, is being used to provide Navy family housing. (c) Time for Transfer and Relocation of Navy Activities.--Not later than nine months after the date of the enactment of this Act, the Secretary of the Navy shall-- (1) complete the transfer of the Complex to the Administrator of General Services under subsection (a); and (2) relocate Department of the Navy activities at the Complex to other locations. (d) Payment of Initial Relocation Costs.-- (1) Payment responsibility.--Subject to the availability of appropriations for this purpose, the Secretary of the Department of Homeland Security shall be responsible for the payment of-- (A) all reasonable costs, including costs to move furnishings and equipment, related to the initial relocation of Department of the Navy activities from the Nebraska Avenue Complex; and (B) all reasonable costs incident to the initial occupancy by such activities of interim leased space, including rental costs for the first year. (2) Authorization of appropriations.--For purposes of carrying out paragraph (1), there is authorized to be appropriated to the Department of Homeland Security such sums as may be necessary for fiscal years 2005 through 2007. (e) Payment of Long-Term Relocation Costs.-- (1) Sense of congress regarding payment.--It is the sense of the Congress that the Secretary of the Navy should receive, from Federal agencies other than the Department of Defense, funds authorized and appropriated for the purpose of covering all reasonable costs, not paid under subsection (d), that are incurred or will be incurred by the Secretary to permanently relocate Department of the Navy activities from the Complex under subsection (c)(2). (2) Submission of cost estimates.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Director of the Office of Management and Budget and the Congress an initial estimate of the amounts that will be necessary to cover the costs to permanently relocate Department of the Navy activities from the portion of the Complex to be transferred under subsection (a). The Secretary shall include in the estimate anticipated land acquisition and construction costs. The Secretary shall revise the estimate as necessary whenever information regarding the actual costs for the relocation is obtained. (f) Treatment of Funds.--(1) Funds received by the Secretary of the Navy, from sources outside the Department of Defense, to relocate Department of the Navy activities from the Complex shall be used to pay the costs incurred by the Secretary to permanently relocate Department of the Navy activities from the Complex. A military construction project carried out using such funds is deemed to be an authorized military construction project for purposes of section 2802 of title 10, United States Code. Section 2822 of such title shall continue to apply to any military family housing unit proposed to be constructed or acquired using such funds. (2) When a decision is made to carry out a military construction project using such funds, the Secretary of the Navy shall notify Congress in writing of that decision, including the justification for the project and the current estimate of the cost of the project. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by Congress or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code. (g) Effect of Failure to Receive Sufficient Funds for Relocation Costs.-- (1) Congressional notification.--At the end of the five-year period beginning on the date on which the transfer of the Complex is to be completed under subsection (c)(1), the Secretary of the Navy shall submit to Congress a report-- (A) specifying the total amount needed to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a); (B) specifying the total amount of the initial relocation costs paid by the Secretary of the Department of Homeland Security under subsection (d); and (C) specifying the total amount of appropriated funds received by the Secretary of the Navy, from sources outside the Department of Defense, to cover the permanent relocation costs. (2) Role of omb.--The Secretary of the Navy shall obtain the assistance and concurrence of the Director of the Office of Management and Budget in determining the total amount needed to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a), as required by paragraph (1)(A). (3) Certification regarding relocation costs.--Not later than 30 days after the date on which the report under paragraph (1) is required to be submitted to Congress, the President shall certify to Congress whether the amounts specified in the report pursuant to subparagraphs (B) and (C) of such paragraph are sufficient to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a). The President shall make this certification only after consultation with the Chairmen and ranking minority members of the Committee on Armed Services and the Committee on Appropriations of the House of Representatives and the Chairmen and ranking minority members of the Committee on Armed Services and the Committee on Appropriations of the Senate. (4) Restoration of complex to navy.--If the President certifies under paragraph (3) that amounts referred to in subparagraphs (B) and (C) of paragraph (1) are insufficient to cover Navy relocation costs, the Administrator of General Services, at the request of the Secretary of the Navy, shall restore the Complex to the jurisdiction, custody, and control of the Secretary of the Navy. (5) Navy sale of complex.--If the Complex is restored to the Secretary of the Navy, the Secretary shall convey the Complex by competitive sale. Amounts received by the United States as consideration from any sale under this paragraph shall be deposited in the special account in the Treasury established pursuant to paragraph (5) of section 572(b) of title 40, United States Code, and shall be available for use as provided in subparagraph (B)(i) of such paragraph. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary of the Navy to transfer the parcel of Department of the Navy real property in the District of Columbia known as the Nebraska Avenue Complex to the administrative jurisdiction of the Administrator of General Services to accommodate the Department of Homeland Security (DHS). Authorizes the Secretary to retain jurisdiction over that portion of the Complex that, as of this Act's enactment date, is being used to provide Navy family housing. Directs the Secretary, within nine months, to: (1) complete the transfer of the Complex to the Administrator; and (2) relocate Navy activities at the Complex to other locations. Makes the Secretary of DHS responsible for the payment of the costs to move furnishings and equipment related to the initial relocation of Navy activities from the Complex and costs incident to the initial occupancy by such activities of interim leased space. Authorizes appropriations to DHS for FY 2005 through 2007. Expresses the sense of Congress that the Secretary of the Navy should receive, from Federal agencies other than the Department of Defense (DOD), funds authorized and appropriated for the purpose of covering reasonable costs incurred by the Secretary to permanently relocate Navy activities from the Complex. Directs the Secretary to submit to the Director of the Office of Management and Budget and Congress an initial and revised estimates of such costs; (2) use relocation funds received from sources outside DOD to relocate Navy activities from the Complex; and (3) notify Congress in writing when a decision is made to carry out a military construction project using such funds. Directs the Secretary of the Navy, at the end of the five-year period beginning on the date on which the transfer of the Complex is to be completed, to submit to Congress a report specifying: (1) the total amount needed to cover both the initial and permanent costs of relocating Navy activities; (2) the total amount of the initial relocation costs paid by the Secretary of DHS; and (3) the total amount of appropriated funds received by the Secretary of the Navy from sources outside DOD to cover the permanent relocation costs. Directs: (1) the President to certify to Congress whether the amounts specified in the report are sufficient to cover both the initial and permanent relocation costs; and (2) the Administrator, if the President certifies that such amounts are insufficient, to restore the Complex to the Navy's jurisdiction, at the request of the Secretary, who then shall convey the Complex by competitive sale and deposit amounts received in a special Treasury account to be used for facility maintenance and repair or environmental restoration.

To provide for the transfer of the Nebraska Avenue Naval Complex in the District of Columbia to facilitate the establishment of the headquarters for the Department of Homeland Security, to provide for the acquisition by the Department of the Navy of suitable replacement facilities.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``American Jobs Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY. (a) General Rule.--Subsection (a) of section 954 (defining foreign base company income) is amended by striking ``and'' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ``, and'', and by adding at the end the following new paragraph: ``(6) imported property income for the taxable year (determined under subsection (h) and reduced as provided in subsection (b)(5)).'' (b) Definition of Imported Property Income.--Section 954 is amended by adding at the end the following new subsection: ``(h) Imported Property Income.-- ``(1) In general.--For purposes of subsection (a)(6), the term `imported property income' means income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with-- ``(A) manufacturing, producing, growing, or extracting imported property, ``(B) the sale, exchange, or other disposition of imported property, or ``(C) the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). ``(2) Imported property.--For purposes of this subsection-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `imported property' means property which is imported into the United States by the controlled foreign corporation or a related person. ``(B) Imported property includes certain property imported by unrelated persons.--The term `imported property' includes any property imported into the United States by an unrelated person if, when such property was sold to the unrelated person by the controlled foreign corporation (or a related person), it was reasonable to expect that-- ``(i) such property would be imported into the United States, or ``(ii) such property would be used as a component in other property which would be imported into the United States. ``(C) Exception for property subsequently exported.--The term `imported property' does not include any property which is imported into the United States and which-- ``(i) before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States, or ``(ii) is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. ``(3) Definitions and special rules.-- ``(A) Import.--For purposes of this subsection, the term `import' means entering, or withdrawal from warehouse, for consumption or use. Such term includes any grant of the right to use an intangible (as defined in section 936(b)(3)(B)) in the United States. ``(B) Unrelated person.--For purposes of this subsection, the term `unrelated person' means any person who is not a related person with respect to the controlled foreign corporation. ``(C) Coordination with foreign base company sales income.--For purposes of this section, the term `foreign base company sales income' shall not include any imported property income.'' (c) Separate Application of Limitations on Foreign Tax Credit for Imported Property Income.-- (1) In general.--Paragraph (1) of section 904(d) (relating to separate application of section with respect to certain categories of income) is amended by striking ``and'' at the end of subparagraph (H), by redesignating subparagraph (I) as subparagraph (J), and by inserting after subparagraph (H) the following new subparagraph: ``(I) imported property income, and''. (2) Imported property income defined.--Paragraph (2) of section 904(d) is amended by redesignating subparagraphs (H) and (I) as subparagraphs (I) and (J), respectively, and by inserting after subparagraph (G) the following new subparagraph: ``(H) Imported property income.--The term `imported property income' means any income received or accrued by any person which is of a kind which would be imported property income (as defined in section 954(h)).'' (3) Look-thru rules to apply.--Subparagraph (F) of section 904(d)(3) is amended by striking ``or (E)'' and inserting ``(E), or (H)''. (d) Technical Amendments.-- (1) Clause (iii) of section 952(c)(1)(B) (relating to certain prior year deficits may be taken into account) is amended by inserting the following subclause after subclause (II) (and by redesignating the following subclauses accordingly): ``(III) imported property income,''. (2) Paragraph (5) of section 954(b) (relating to deductions to be taken into account) is amended by striking ``and the foreign base company oil related income'' and inserting ``the foreign base company oil related income, and the imported property income''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 1995, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end. (2) Subsection (c).--The amendments made by subsection (c) shall apply to taxable years beginning after December 31, 1995. SEC. 3. REFUNDABLE CREDIT FOR NEW EMPLOYEES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CREDIT FOR NEW EMPLOYEES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to 20 percent of the qualified social security taxes paid or incurred by the taxpayer during the taxable year. ``(b) Qualified Social Security Taxes.--For purposes of this section-- ``(1) In general.--The term `qualified social security taxes' means the amount of taxes imposed by section 3111(a) with respect to wages of an employee for employment during the 2-year period beginning with the day the employee begins work for the employer. ``(2) Application to railroad retirement.--Such term shall also include taxes imposed by section 3221(a) with respect to compensation during such 2-year period but only to the extent attributable to the rate of tax in effect under section 3111(a). ``(3) Exception for employment outside the united states.-- Such term shall not include taxes paid with respect to employment described in section 3121(b)(B) (relating to employment outside the United States by citizens and residents). ``(c) Certain Employees Ineligible.-- ``(1) Overall employment must increase.-- ``(A) In general.--An employer may take into account for purposes of this section only that number of employees hired by the employer during a taxable year which does not exceed the number of employees determined under subparagraph (B). The employer shall designate which employees shall be taken into account. Such designation shall apply for such taxable year and any succeeding taxable year. ``(B) Maximum number of employees.--For purposes of subparagraph (A), the number of employees determined under this subparagraph for a taxable year is an amount equal to the excess (if any) of-- ``(i) the average daily number of full-time equivalent employees of the taxpayer for such taxable year, over ``(ii) the average daily number of full- time equivalent employees of the taxpayer (or any predecessor) for the 3-taxable-year period immediately preceding such taxable year. ``(2) Other ineligible employees.--Qualified social security taxes paid with respect to any employee shall not be taken into account under subsection (a) if such employee-- ``(A) is a member of a targeted group with respect to whom the employer has taken into account wages in determining the amount of the targeted jobs credit under section 51, ``(B) is described in paragraph (1) of section 51(i) (relating to related individuals), or ``(C) is employed by the employer for less than 120 days or has not completed at least 120 hours of service. ``(d) Other Special Rules.--For purposes of this section-- ``(1) Controlled groups.--All employers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single employer. ``(2) Other rules.--Rules similar to the rules of section 51(k) and subsections (c), (d), and (e) of section 52 shall apply.'' (b) Conforming Amendments.--The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Credit for new employees. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 4. REPORT ON ELIMINATION OF BUSINESS TAX PREFERENCES. The Secretary of the Treasury shall, as soon as practicable after the date of the enactment of this Act, report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate recommendations as to the elimination of, or changes in, business tax preferences. Such recommendations shall provide an increase in Federal revenues sufficient to offset any overall decrease in Federal revenues under the other provisions of this Act.

American Jobs Act - Amends the Internal Revenue Code to include imported property income of a controlled foreign corporation within the sums added together to compute foreign base company income. Defines imported income property to include, among other things, income from manufacturing, growing, selling, renting, or leasing imported property, but exempts any foreign oil and gas income or any foreign oil-related income. Provides for a separate application of limitations on the foreign tax credit for imported property income. Allows an employer a credit against tax, during the two-year period beginning with the day an employee starts work, equal to 20 percent of the qualified social security taxes paid or incurred by the employer for such new employee. Directs the Secretary of the Treasury to report to the Committee on Ways and Means and the Committee on Finance recommendations on the elimination of, or changes in, business tax preferences.

American Jobs Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Americans Safe Act of 2005''. SEC. 2. FEDERAL AFFIRMATION OF STATE AND LOCAL ASSISTANCE IN ENFORCEMENT OF FEDERAL IMMIGRATION LAWS. (a) In General.--Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State or a political subdivision of a State have the inherent authority of a sovereign entity to investigate, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), in the course of carrying out their routine duties for the purpose of assisting in the enforcement of the immigration laws of the United States. (b) Construction.--Nothing in this section shall be construed to require law enforcement officers of a State or political subdivision of a State to-- (1) report the identity of victims of, or witnesses to, a criminal offense to the Secretary of Homeland Security; or (2) arrest such victims or witnesses for immigration violations. SEC. 3. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER (NCIC) DATABASE. (a) Provision of Information to NCIC.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and continually thereafter, the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall provide the National Crime Information Center of the Department of Justice with such information as the Under Secretary may have on-- (A) all aliens against whom a final order of removal has been issued; (B) all aliens who have signed a voluntary departure agreement; and (C) all aliens whose visas have been revoked. (2) Circumstances.--The information described in paragraph (1) shall be provided to the National Crime Information Center regardless of whether-- (A) the alien received notice of a final order of removal; or (B) the alien has already been removed. (b) Inclusion of Information in NCIC Database.--Section 534(a) of title 28, United States Code, is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States; and''. (c) Permission to Depart Voluntarily.--Section 240B(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1229c(a)(2)(A)) is amended by striking ``120'' and inserting ``30''. SEC. 4. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL LAW ENFORCEMENT. Section 241 of the Immigration and Nationality Act (8 U.S.C. 1231) is amended by adding at the end the following: ``(j) Custody of Illegal Aliens.-- ``(1) In general.--If the chief executive officer of a State or, if appropriate, a political subdivision of the State, exercising authority with respect to the apprehension of an illegal alien submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary of Homeland Security-- ``(A) shall-- ``(i) not later than 48 hours after the conclusion of the State charging process or dismissal process, or if no State charging or dismissal process is required, not later than 48 hours after the illegal alien is apprehended, take the illegal alien into the custody of the Federal Government and incarcerate the alien; or ``(ii) request that the relevant State or local law enforcement agency temporarily incarcerate or transport the illegal alien for transfer to Federal custody; and ``(B) shall designate at least 1 Federal, State, or local prison or jail, or a private contracted prison or detention facility, within each State as the central facility for that State to transfer custody of the criminal or illegal alien to the Secretary of Homeland Security. ``(2) Reimbursement.-- ``(A) In general.--The Department of Homeland Security shall reimburse States and political subdivisions for all reasonable expenses, as determined by the Secretary of Homeland Security, incurred by a State or political subdivision in the incarceration and transportation of an illegal alien as described in subparagraphs (A) and (B) of paragraph (1). ``(B) Cost computation.--Compensation provided for costs incurred under subparagraphs (A) and (B) of paragraph (1) shall be the sum of-- ``(i)(I) the average cost of incarceration of a prisoner per day in the relevant State, as determined by the chief executive officer of a State, or, as appropriate, a political subdivision of the State; multiplied by ``(II) the number of days that the alien was in the custody of the State or political subdivision; and ``(ii) the cost of transporting the criminal or illegal alien-- ``(I) from the point of apprehension to the place of detention; and ``(II) if the place of detention and place of custody are different, to the custody transfer point. ``(3) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out paragraph (2).''. SEC. 5. FELONIES COMMITTED BY ILLEGAL ALIENS. (a) Offenses.--Title 18, United States Code, is amended by inserting after chapter 51 the following new chapter: ``CHAPTER 52--ENHANCED PENALTIES FOR FELONIES COMMITTED BY ILLEGAL ALIENS ``Sec. 1131. Enhanced penalties for felonies committed by illegal aliens ``Whoever, being an alien who is unlawfully present in the United States, commits a felony shall be fined under this title and sentenced to not less than 5 years in prison. If the defendant was previously ordered removed under the Immigration and Nationality Act on the grounds of having committed a crime, the defendant shall be sentenced to not less than 15 years in prison. A sentence of imprisonment imposed under this section shall run consecutively to any other sentence of imprisonment imposed for any other crime.''. (b) Clerical Amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 51 the following new item: ``Chapter 52--Enhanced penalties for felonies committed by illegal aliens ``1131. Enhanced penalties for felonies committed by illegal aliens.''.

Keep Americans Safe Act of 2005 - Affirms state and local authority to investigate, apprehend, arrest, detain, or transfer to federal custody aliens in the United States in the course of carrying out routine duties in order to assist in the enforcement of U.S. immigration laws. Directs the Under Secretary for Border and Transportation Security of the Department of Homeland Security (DHS) to provide the National Crime Information Center with information on aliens: (1) against whom a final order of removal has been issued; (2) who have signed a voluntary departure agreement; and (3) whose visas have been revoked. Amends the Immigration and Nationality Act (INA) to direct, upon state or appropriate local request, the Secretary of DHS to: (1) take an illegal alien into federal custody, or request that the relevant state or local law enforcement agency temporarily incarcerate or transport the alien for transfer to federal custody; and (2) designate at least one federal, state, or local prison, or a private contracted prison or detention facility within each state as the central facility for that state to transfer custody of aliens to DHS. Provides for DHS reimbursement of state and local costs incurred in the incarceration and transportation of illegal aliens. Amends federal criminal law to provide that: (1) an illegal alien who commits a felony shall be fined and sentenced to not less than five years in prison; (2) if the defendant was previously ordered removed under INA on the grounds of having committed a crime, he or she shall be sentenced to not less than 15 years in prison; and (3) a sentence of imprisonment imposed under this section shall run consecutively to any other sentence of imprisonment imposed for any other crime.

To provide for enhanced enforcement of the Federal immigration laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Health in the Arctic Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States is an Arctic nation with-- (A) an approximately 700-mile border on the Arctic Ocean; (B) more than 100,000,000 acres of land above the Arctic Circle; and (C) an even broader area that is defined as Arctic by temperature, including the Bering Sea and Aleutian Islands. (2) The Arctic region of the United States-- (A) is known to the indigenous population as Inuvikput, or the ``place where we live''; and (B) is home to an indigenous population that has subsisted for millennia on the abundance of marine mammals, fish, and wildlife, many species of which are unique to the Arctic region. (3) Since 1959, temperatures in the Arctic region of the United States have warmed by 3 to 4 degrees Celsius, a rate of increase more than twice the global average. The Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice free during the summer months in as few as 30 years. (4) These changes are having a significant impact on the communities and ecosystems of the indigenous people of the Arctic, and the marine mammals, fish, and wildlife upon which the indigenous population depends. (5) The negative impacts of climate change include health problems, which are even more exacerbated among indigenous people of the North. (6) Northern people have shorter life expectancy and increased mortality related to suicide and injuries, when compared to populations living in more moderate climates. (7) Among the greatest health disparities affecting Arctic people are higher rates of alcohol abuse, Fetal Alcohol Spectrum Disorder (FASD), diabetes, high blood pressure, injury, and cancer. The FASD prevalence rate among Alaska Native people (4.8) is 3\1/2\ times that for all Alaskans (1.4). (8) Rates of suicide in Alaska are among the highest in the Nation, with the suicide rate among Alaska Native people about 3 times that of non-Native Alaskans and 4 times that of the national average of the United States. (9) Alaska Native children are more than twice as likely to live in poverty than Alaskans of other races, 25.7 percent compared to 10.9 percent. (10) It is unclear why many of these health problems are greater among northern people or whether the health problems are related to toxic influences, socioeconomic status, cultural change, distance from sophisticated medical care, or other factors. (11) More research is necessary into the causes of disparities in rates of particular public health problems in the Arctic and intervention into the prevention and treatment of these problems. SEC. 3. STUDY OF MENTAL, BEHAVIORAL, AND PHYSICAL HEALTH ISSUES IN THE ARCTIC. (a) Study Authorized.--The Arctic Research Commission established under section 103 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4102) shall, in collaboration with Federal health agencies, directly or through contract, prepare and submit to Congress a 2-year study to examine the science base, gaps in knowledge, and strategies for the prevention and treatment of mental, behavioral, and physical health problems faced by populations in the Arctic, with a focus on Alaska. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section a total of $1,200,000 for fiscal years 2010 and 2011. SEC. 4. NATIONAL ARCTIC HEALTH SCIENCE POLICY. (a) Updating 1984 Policy.--The Director of the National Institutes of Health shall, in collaboration with other governmental agencies and private and nonprofit entities involved in Arctic health issues, develop a national Arctic health science policy. In developing the policy, the Director shall review and take into consideration the National Arctic Health Science Policy developed by the American Public Health Association Task Force in 1984. (b) Desk for Arctic Health.--Section 401(c) of the Public Health Services Act (42 U.S.C. 281(c)) is amended by adding at the end the following: ``(3) Desk for arctic health.-- ``(A) Establishment.--Within the Division, there is established a Desk for Arctic Health. ``(B) Duties.--The Desk for Arctic Health shall-- ``(i) work with the Interagency Arctic Research Policy Committee established under section 107(b) of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4106(b)) to ensure adequate health representation from Federal agencies; ``(ii) collaborate and consult with governmental entities and United States nongovernmental organizations involved in Arctic health issues, including the State of Alaska, University of Alaska, and entities that handle issues regarding the health of the indigenous people of the Arctic; and ``(iii) collaborate with the Canadian Institutes of Health Research on indigenous Arctic people health issues, in accordance with the 2004 agreement between the National Institutes of Health and the Canadian Institutes of Health Research, and with other international entities dealing with pan-Arctic health issues.''. SEC. 5. ARCTIC HEALTH IMPACT ASSESSMENTS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399U. ARCTIC HEALTH IMPACT ASSESSMENTS. ``(a) Findings.--Congress finds the following: ``(1) The health impact assessment process can be a valuable tool for better Arctic health by objectively evaluating the potential health benefits and risks of a project or policy before the project or policy is built or put into place. ``(2) Health impact assessments can provide recommendations to increase positive health outcomes and minimize adverse health outcomes. ``(3) A major benefit of the health impact assessment process is that it brings public health issues to the attention of people who make decisions about areas that fall outside traditional public health arenas, such as transportation or land use. ``(b) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a program at the National Center of Environmental Health of the Centers for Disease Control and Prevention to foster advances and help provide technical support in the field of Arctic health impact assessments. ``(c) Definition of Health Impact Assessments.--In this section, the term `health impact assessment' means a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population.''.

Better Health in the Arctic Act - Directs the Arctic Research Commission, in collaboration with federal health agencies, to prepare and submit to Congress a two-year study to examine the science base, gaps in knowledge, and strategies for the prevention and treatment of mental, behavioral, and physical health problems faced by populations in the Arctic, with a focus on Alaska. Requires the Director of the National Institutes of Health (NIH): (1) in collaboration with other governmental agencies and private and nonprofit entities involved in Arctic health issues, to develop a national Arctic health science policy; and (2) in developing the policy, to review and take into consideration the National Arctic Health Science Policy developed by the American Public Health Association Task Force in 1984. Amends the Public Health Service Act to establish a Desk for Arctic Health within the Office of the Director's Division of Program Coordination, Planning, and Strategic Initiatives, which shall: (1) work with the Interagency Arctic Research Policy Committee to ensure adequate health representation from federal agencies; (2) collaborate and consult with governmental entities and U.S. nongovernmental organizations involved in Arctic health issues; and (3) collaborate with the Canadian Institutes of Health Research on indigenous Arctic people health issues. Directs the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish a program at CDC's National Center of Environmental Health to foster advances and help provide technical support in the field of Arctic health impact assessments.

A bill to improve Arctic health.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wastewater Treatment Works Security Act of 2002''. SEC. 2. WASTEWATER TREATMENT WORKS SECURITY. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following: ``SEC. 222. WASTEWATER TREATMENT WORKS SECURITY. ``(a) Grants for Vulnerability Assessments and Security Enhancements.--The Administrator may make grants to a State, municipality, or intermunicipal or interstate agency-- ``(1) to conduct a vulnerability assessment of a publicly owned treatment works; ``(2) to implement security enhancements listed in subsection (c)(1) to reduce vulnerabilities identified in a vulnerability assessment; and ``(3) to implement additional security enhancements to reduce vulnerabilities identified in a vulnerability assessment. ``(b) Vulnerability Assessments.-- ``(1) Definition.--In this section, the term `vulnerability assessment' means an assessment of the vulnerability of a treatment works to actions intended to-- ``(A) substantially disrupt the ability of the treatment works to safely and reliably operate; or ``(B) have a substantial adverse effect on critical infrastructure, public health or safety, or the environment. ``(2) Identification of methods to reduce vulnerabilities.--A vulnerability assessment includes identification of procedures, countermeasures, and equipment that the treatment works can implement or utilize to reduce the identified vulnerabilities. ``(3) Review.--A vulnerability assessment shall include a review of the vulnerability of the treatment work's-- ``(A) facilities, systems, and devices used in the storage, treatment, recycling, or reclamation of municipal sewage or industrial wastes; ``(B) intercepting sewers, outfall sewers, sewage collection systems, and other constructed conveyances; ``(C) electronic, computer, and other automated systems; ``(D) pumping, power, and other equipment; ``(E) use, storage, and handling of various chemicals; and ``(F) operation and maintenance procedures. ``(c) Grants for Security Enhancements.-- ``(1) Preapproved security enhancements.--Upon certification by an applicant that the applicant has completed a vulnerability assessment for a treatment works and that the security enhancement for which assistance is sought is to reduce vulnerabilities of the treatment works identified in the assessment, the Administrator may make grants to the applicant under subsection (a)(2) for 1 or more of the following: ``(A) Purchase and installation of equipment for access control, intrusion prevention and delay, and detection of intruders and hazardous or dangerous substances, including-- ``(i) barriers, fencing, and gates; ``(ii) security lighting and cameras; ``(iii) metal grates, wire mesh, and outfall entry barriers; ``(iv) securing of manhole covers and fill and vent pipes; ``(v) installation and re-keying of doors and locks; and ``(vi) smoke, chemical, and explosive mixture detection systems. ``(B) Security improvements to electronic, computer, or other automated systems and remote security systems, including controlling access to such systems, intrusion detection and prevention, and system backup. ``(C) Participation in training programs and the purchase of training manuals and guidance materials relating to security. ``(D) Security screening of employees or contractor support services. ``(2) Additional security enhancements.-- ``(A) Grants.--The Administrator may make grants under subsection (a)(3) to an applicant for additional security enhancements not listed in paragraph (1). ``(B) Eligibility.--To be eligible for a grant under this paragraph, an applicant shall submit an application to the Administrator containing such information as the Administrator may request. ``(3) Limitations.-- ``(A) Use of funds.--Grants under subsections (a)(2) and (a)(3) may not be used for personnel costs or operation or maintenance of facilities, equipment, or systems. ``(B) Disclosure of vulnerability assessment.--As a condition of applying for or receiving a grant under this section, the Administrator may not require an applicant to provide the Administrator with a copy of a vulnerability assessment. ``(d) Grant Amounts.-- ``(1) Federal share.--The Federal share of the cost of activities funded by a grant under subsection (a) may not exceed 75 percent. ``(2) Maximum amount.--The total amount of grants made under subsections (a)(1) and (a)(2) for one publicly owned treatment works shall not exceed $150,000. ``(e) Technical Assistance for Small Publicly Owned Treatment Works.-- ``(1) Security assessment and planning assistance.--The Administrator, in coordination the States, may provide technical guidance and assistance to small publicly owned treatment works on conducting a vulnerability assessment and implementation of security enhancements to reduce vulnerabilities identified in a vulnerability assessment. Such assistance may include technical assistance programs, training, and preliminary engineering evaluations. ``(2) Participation by nonprofit organizations.--The Administrator may make grants to nonprofit organizations to assist in accomplishing the purposes of this subsection. ``(3) Small publicly owned treatment works defined.--In this subsection, the term `small publicly owned treatment works' means a publicly owned treatment works that services a population of fewer than 20,000 persons. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator-- ``(1) $200,000,000 for making grants under subsection (a); and ``(2) $15,000,000 for providing technical assistance under subsection (e). Such sums shall remain available until expended.''. SEC. 3. REFINEMENT OF VULNERABILITY ASSESSMENT METHODOLOGY FOR PUBLICLY OWNED TREATMENT WORKS. (a) Grants.--The Administrator of the Environmental Protection Agency may make grants to a nonprofit organization for the improvement of vulnerability self-assessment methodologies and tools for publicly owned treatment works, including publicly owned treatment works that are part of a combined public wastewater treatment and water supply system. (b) Eligible Activities.--Grants provided under this section may be used for developing and distributing vulnerability self-assessment methodology software upgrades, improving and enhancing critical technical and user support functions, expanding libraries of information addressing both threats and countermeasures, and implementing user training initiatives. Such services shall be provided at no cost to recipients. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of the fiscal years 2003 through 2007. Such sums shall remain available until expended. Passed the House of Representatives October 7, 2002. Attest: JEFF TRANDAHL, Clerk.

Wastewater Treatment Works Security Act of 2002 - Amends the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to make grants to a State, municipality, or intermunicipal or interstate agency to conduct a vulnerability assessment of a publicly owned treatment works and implement security enhancements for such facilities upon completion of the assessment.Authorizes the Administrator to: (1) provide technical guidance and assistance to small publicly owned treatment works (those serving a population of fewer than 20,000 persons) on conducting vulnerability assessments and implementing security enhancements; and (2) make grants to a nonprofit organization to improve vulnerability self-assessment methodologies and tools for publicly owned treatment works, including those that are part of a combined wastewater treatment and water supply system.Authorizes appropriations.

To amend the Federal Water Pollution Control Act to enhance the security of wastewater treatment works.

SECTION 1. OPERATION OF PROGRAMS. (a) Programs Established.--The Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act (hereafter referred to as the ``Presidential designee'') shall carry out a series of pilot programs to test the feasibility of using alternative methods, including the use of advanced electronic technologies and the Internet, to enable absent uniformed services voters to register to vote and vote in elections for Federal office. (b) Agreements With Participating States.--To carry out a pilot program under this Act, the Presidential designee and the chief State election official of a participating State shall enter into an agreement which sets forth the following: (1) The specific alternative methods for enabling absent uniformed services voters to register to vote and vote in elections for Federal office in the State which will be tested under the program. (2) The steps to be taken by the Presidential designee, the chief State election official, and other election officials in the State to enable these alternative methods to be tested under the program. (3) The role to be played by the State advisory panel described in section 2(b) in assisting the chief State election official in carrying out the agreement. (4) The duration of the program. (5) Such other terms and conditions as may be agreed to by the Presidential designee and the chief State election official (consistent with the requirements of this Act). (c) Issues To Be Considered in Programs.--In carrying out a pilot program under this Act, the Presidential designee may consider the following issues: (1) The transmission of electronic voting material across military networks. (2) Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security techniques. (3) The transmission of ballot representations and scanned pictures in a secure manner. (4) Capturing, retaining, and comparing electronic and physical ballot representations. (5) Utilization of voting stations at military bases. (6) Document delivery and upload systems. (7) The functional effectiveness of the application or adoption of the pilot program to operational environments, taking into account environmental and logistical obstacles and State procedures. (d) Priority in Selection of Eligible States.--In selecting among States eligible to participate in a pilot program under this Act, the Presidential designee shall give priority to States with the greatest number of individuals eligible to register to vote and vote in elections for Federal office in the State who are absent uniformed services voters. (e) No Effect on Other Federal Election Laws.--The operation of a pilot program under this Act may not conflict with or substitute for existing Federal laws, regulations, or procedures with respect to the participation of absent uniformed services voters in elections for Federal office. SEC. 2. ELIGIBILITY OF STATES TO PARTICIPATE. (a) In General.--A State is eligible to participate in a pilot program under this Act if the chief State election official of the State submits to the Presidential designee, at such time and in such form as the Presidential designee may require, an application containing-- (1) assurances that the State has established an advisory panel described in subsection (b); and (2) such other information and assurances as the Presidential designee may require. (b) State Advisory Panel.-- (1) Panels described.--An advisory panel described in this subsection is a panel established by the State to assist the chief State election official in entering into and carrying out an agreement with the Presidential designee under section 1(b), consisting of representatives of the following: (A) Local election officials in the State. (B) Members of the uniformed services who are residents of the State, including members of the National Guard and Reserve Components thereof. (C) The spouses and dependents of members of the uniformed services who are residents of the State, including members of the National Guard and Reserve Components thereof. (D) The committees of the State legislature with jurisdiction over the election administration laws of the State. (E) Organizations promoting the integrity of the voting process in the State. (2) Method of establishment.--The State shall establish the advisory panel under this subsection in a manner which ensures that the panel will be bipartisan in nature and will reflect the various geographic regions of the State. SEC. 3. REPORTS. The Presidential designee shall submit to Congress reports on the progress and outcomes of any pilot program conducted under this Act, and shall include in the reports such recommendations as the Presidential designee considers appropriate for further legislation and administrative action. SEC. 4. DEFINITIONS. In this Act-- (1) the term ``absent uniformed services voter'' has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(1)); (2) the ``chief State election official'' of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for coordination of the State's responsibilities under such Act; and (3) the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary, to remain available until expended.

Directs the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act to carry out a series of pilot programs to test the feasibility of using alternative methods, including advanced electronic technologies and the Internet, to enable absent uniformed services voters to register to vote and vote in federal. Specifies criteria for a state to be eligible to participate in such a pilot program.

To direct the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act to carry out pilot programs to permit States to test the feasibility of using alternative methods, including the use of advanced electronic technologies and the Internet, to enable absent uniformed services voters to register to vote and vote in elections for Federal office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Torture Victims Relief Act of 1995''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The American people abhor torture and the use of atrocities by repressive governments. The existence of torture creates a climate of fear and international insecurity that affects all people. (2) Torture is the strategic use of pain to destroy both individuals and society. The effects of torture are long term. Those effects can last a lifetime for the survivors and affect future generations. (3) By eliminating leadership of their opposition and frightening the general public, repressive governments use torture as a weapon against democracy. (4) Torture victims remain under physical and psychological threats, especially in communities where the perpetrators are not brought to justice. In many nations, even those who treat torture victims are threatened with reprisals, including torture, for carrying out their ethical duties to provide care. Both the survivors of torture and their treatment providers deserve, and often require, protection from further repression. (5) A significant number of refugees and asylees entering the United States have been victims of governmental torture. Those claiming asylum deserve prompt consideration of the applications for political asylum to minimize their insecurity and sense of danger. Many torture survivors now live in the United States. They should be provided with the rehabilitation services which would enable them to become productive members of our communities. (6) Building democratic cultures requires not only legal and political institution-building, but also addressing the physical, psychological, and spiritual damage of repression, in order to foster a climate and opportunity of healing for the victims and for society. (7) The development of a treatment movement for torture survivors has created new opportunities for action by the United States and other nations to oppose state-sponsored acts of torture. (8) There is a need for a comprehensive strategy to protect and support torture victims and their treatment providers as part of the overall objective of eliminating torture. (9) By acting to heal the survivors of torture and protect their families, the United States can move to defeat the actions of torturers. (10) The United States has ratified the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, but has not implemented all provisions of the convention. SEC. 3. DEFINITIONS. (a) In General.--Except as otherwise provided the terms used in this Act have the same meaning given such terms in section 101(a) of the Immigration and Nationality Act. (b) Torture.--As used in this Act, the term ``torture'' means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from the person or a third person information or a confession, punishing the person for an act the person or a third person has committed or is suspected of having committed, or intimidating or coercing the person or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by, at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to lawful sanctions. (c) Substantial Grounds for Believing.--As used in this Act, the term ``substantial grounds for believing'' means substantial evidence. (d) In Danger of Being Subjected to Torture.--As used in this Act, the term ``in danger of being subjected to torture'' means circumstances in which a reasonable person would fear subjection to torture. (e) Involuntary Return.--As used in this Act, the term ``involuntary return'' means to take action by which it is reasonably foreseeable that a person will be required to return to a country without the person's consent, regardless of whether such return is induced by physical force and regardless of whether the person is physically present in the United States. SEC. 4. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS SUBJECTED TO TORTURE. The United States shall not expel, extradite, or otherwise involuntarily return a person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture. SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS. (a) In General.--Any alien-- (1) who presents a credible claim of having been subjected to torture in the alien's country of nationality, or, in the case of an alien having no nationality, the country in which the alien last habitually resided, and (2) who applies for-- (A) refugee status under section 207 of the Immigration and Nationality Act, (B) asylum under section 208 of that Act, or (C) withholding of deportation under section 243(h) of that Act, shall be processed in accordance with this section. (b) Consideration of the Effects of Torture.--In considering applications for refugee status, asylum, or withholding of deportation made by aliens described in subsection (a), the appropriate officials shall take into account-- (1) the manner in which the effects of torture can affect the applicant's responses in the application and in the interview process or other immigration proceedings, as the case may be; (2) the difficulties torture victims often have in recounting their suffering under torture; and (3) the fear victims have of returning to their country of nationality where, even if torture is no longer practiced or the incidence of torture is reduced, their torturers may have gone unpunished and may remain in positions of authority. (c) Expedited Processing of Refugee Admissions.--For purposes of section 207(c) of the Immigration and Nationality Act, a refugee who presents a credible claim of having been subjected to torture shall be considered to be a refugee of special humanitarian concern to the United States and shall be accorded priority in selection from the waiting list of such refugees based on compelling humanitarian concerns. (d) Expedited Processing for Asylum and Withholding of Deportation.--Upon the request of the alien, the alien's counsel, or a health care professional treating the alien, an asylum officer or special inquiry officer may expedite the scheduling of an asylum interview or an exclusion or deportation proceeding for an alien described in subsection (a), if such officer determines that an undue delay in making a determination regarding asylum or withholding of deportation with respect to the alien would aggravate the physical or psychological effects of torture upon the alien. (e) Parole in Lieu of Detention.--The finding, upon inspection at a port of entry of the United States, that an alien described in subsection (a) suffers from the effects of torture, such as depressive and anxiety disorders, shall be a strong presumptive basis for a grant of parole, under section 212(d)(5) of the Immigration and Nationality Act, in lieu of detention. (f) Sense of Congress.--It is the sense of Congress that the Attorney General shall allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service information relating to the use of torture in foreign countries. SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM PERSONNEL. (a) In General.--The Attorney General shall provide training for immigration inspectors and examiners, immigration officers, asylum officers, special inquiry officers, and all other relevant officials of the Department of Justice, and the Secretary of State shall provide training for consular officers, with respect to-- (1) the identification of the evidence of torture; (2) the identification of the surrounding circumstances in which torture is practiced; (3) the long-term effects of torture upon the person; (4) the identification of the physical, cognitive, and emotional effects of torture, including depressive and anxiety disorders, and the manner in which these effects can affect the interview or hearing process; and (5) the manner of interviewing victims of torture so as not to retraumatize them, eliciting the necessary information to document the torture experience, and understanding the difficulties victims often have in recounting their torture experience. (b) Gender-Related Considerations.--In conducting training under subsection (a)(4) or subsection (a)(5), gender specific training shall be provided on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence. SEC. 7. STUDY AND REPORT ON TORTURE VICTIMS IN THE UNITED STATES. (a) Study.--The Center for Disease Control shall conduct a study with respect to refugees and asylees admitted to the United States since October 1, 1987, who were tortured abroad, for the purpose of identifying-- (1) the estimated number and geographic distribution of such persons; (2) the needs of such persons for recovery services; and (3) the availability of such services. (b) Report.--Not later than December 31, 1997, the Center for Disease Control shall submit a report to the Judiciary Committees of the House of Representatives and the Senate setting forth the findings of the study conducted under subsection (a), together with any recommendation for increasing the services available to persons described in subsection (a), including any recommendation for legislation, if necessary. SEC. 8. DOMESTIC TREATMENT CENTERS. (a) Amendment of the Immigration and Nationality Act.--Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by adding at the end the following new subsection: ``(g) Assistance for Treatment of Torture Victims.--(1) The Director is authorized to provide grants to programs in the United States to cover the cost of the following services: ``(A) Services for the rehabilitation of victims of torture, including treatment of the physical and psychological effects of torture. ``(B) Social services for victims of torture. ``(C) Research and training for health care providers outside of treatment centers for the purpose of enabling such providers to provide the services described in subparagraph (A). ``(2) For purposes of this subsection, the term `torture' has the same meaning given to the term in section 3 of the Torture Victims Relief Act of 1995.''. (b) Authorization of Appropriations.--(1) Of amounts authorized to be appropriated to carry out section 414 of the Immigration and Nationality Act (8 U.S.C. 1524) for fiscal year 1996, there are authorized to be appropriated such sums as may be necessary to carry out section 412(g) of that Act (relating to assistance for domestic centers for the treatment of victims of torture). (2) Amounts appropriated pursuant to this subsection are authorized to remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1995. SEC. 9. FOREIGN TREATMENT CENTERS. (a) Amendments of the Foreign Assistance Act of 1961.--Part I of the Foreign Assistance Act of 1961 is amended by adding at the end of chapter 1 the following new section: ``Sec. 129. Assistance for Victims of Torture.--(a) The President is authorized to provide assistance for the rehabilitation of victims of torture. ``(b) Such assistance shall be provided in the form of grants to treatment centers in foreign countries which are carrying out programs specifically designed to treat victims of torture for the physical and psychological effect of the torture. ``(c) Such assistance shall be available-- ``(1) for direct services to victims of torture; and ``(2) to provide research and training to health care providers outside of treatment centers for the purpose of enabling such providers to provide the services described in paragraph (1). ``(d) For purposes of this section, the term `torture' has the same meaning given to such term in section 3 of the Torture Victims Relief Act of 1995.''. (b) Authorization of Appropriations.--(1) Of the total amount authorized to be appropriated to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 for fiscal year 1995, there are authorized to be appropriated to the President such sums as may be necessary to carry out section 129 of that Act. (2) Amounts appropriated pursuant to this subsection are authorized to remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1995. SEC. 10. MULTILATERAL ASSISTANCE. (a) Authorization of Appropriations.--Of the amounts authorized to be appropriated to carry out section 301 of the Foreign Assistance Act of 1961 (relating to international organizations and programs), there are authorized to be appropriated to the United Nations Voluntary Fund for Victims of Torture (in this section referred to as the ``Fund'') the following amounts for the following fiscal years: (1) For fiscal year 1996, $1,500,000. (2) For fiscal year 1997, $3,000,000. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) are authorized to remain available until expended. (c) Sense of Congress.--It is the sense of the Congress that the President, acting through the United States Permanent Representative to the United Nations, should-- (1) request the Fund-- (A) to find new ways to support and protect treatment centers that are carrying out rehabilitative services for victims of torture; and (B) to encourage the development of new such centers; (2) use the voice and vote of the United States to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) use the voice and vote of the United States to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in that country.

Torture Victims Relief Act of 1995 - States that the United States shall not involuntarily return a person to a country where such person would be subject to torture. Establishes an expedited procedure for processing refugee, asylum, withholding of deportation, and parole entry claims of torture victims. Expresses the sense of the Congress that sufficient funds should be allocated to the Immigration and Naturalization Service's Resource Information Center to maintain information on foreign torture. Provides for specialized training in torture identification and handling of torture victims for consular, immigration, and asylum personnel. Directs the Center for Disease Control to study and report on torture victims residing in the United States. Amends the Immigration and Nationality Act and the Foreign Assistance Act of 1961 to provide for respective domestic and foreign treatment centers for torture victims. Authorizes appropriations. Authorizes appropriations from specified funds for the United Nations Voluntary Fund for Victims of Torture. Expresses the sense of the Congress in support of international means to protect torture victims and investigate human rights violations.

Torture Victims Relief Act of 1995

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Family Forestland Preservation Tax Act of 1994''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. TITLE I--ESTATE TAX PROVISIONS SEC. 101. ESTATE TAX TREATMENT OF LAND SUBJECT TO QUALIFIED CONSERVATION EASEMENT. (a) In General.--Section 2031 (relating to the definition of gross estate) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exclusion of Land Subject to a Conservation Easement.-- ``(1) In general.--If an executor elects the application of this subsection, there shall be excluded from the gross estate the value of any real property-- ``(A) which is used in timber operations (as defined in section 2032A(e)(13)(C)), and ``(B) which is subject to a qualified conservation easement (reduced by the amount of any indebtedness to which such land is subject). ``(2) Real property subject to qualified conservation easement.--For purposes of this subsection: ``(A) In general.--Real property shall be treated as subject to a qualified conservation easement if the decedent or a member of the decedent's family has made a qualified conservation contribution (as defined in section 170(h)(1)) of a qualified real property interest described in section 170(h)(2)(C) in such real property. ``(B) Certain contributions not included.--For purposes of subparagraph (A), section 170(h)(4)(A) shall be applied without regard to clause (iv) thereof in determining whether there is a qualified conservation contribution. ``(C) Family member.--For purposes of subparagraph (A), the term `member of the decedent's family' has the same meaning given such term by section 2032A(e)(2). ``(3) Election.--An election under paragraph (1) shall be made on the return of tax imposed by section 2001. Such an election, once made, shall be irrevocable.'' (b) Carryover Basis.--Section 1014(a) (relating to basis of property acquired from a decedent) is amended by striking the period at the end of paragraph (3) and inserting ``, or'', and by inserting at the end the following new paragraph: ``(4) in the case of property excluded from the gross estate of the decedent under section 2031(c), the basis of the property in the hands of the decedent.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 1994, which include land subject to qualified conservation easements granted after December 31, 1994. SEC. 102. INCREASE IN RECAPTURE PERIOD FOR SPECIAL ESTATE TAX VALUATION OF FOREST LANDS. (a) In General.--Section 2032A(c)(7) is amended by adding at the end the following new subparagraph: ``(E) Longer period for woodlands.--In the case of any real property which is used in timber operations (as defined in subsection (e)(13)(C)), paragraph (1) shall be applied by substituting `25 years' for `10 years'.'' (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying after December 31, 1994. TITLE II--INCOME TAX TREATMENT SEC. 201. PARTIAL INFLATION ADJUSTMENT FOR TIMBER. (a) In General.--Part I of subchapter P of chapter 1 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. PARTIAL INFLATION ADJUSTMENT FOR TIMBER. ``(a) In General.--At the election of any taxpayer who has qualified timber gain for any taxable year, there shall be allowed as a deduction from gross income an amount equal to the qualified percentage of such gain. ``(b) Qualified Timber Gain.--For purposes of this section, the term `qualified timber gain' means the lesser of-- ``(1) the net capital gain for the taxable year, or ``(2) the net capital gain for the taxable year determined by taking into account only gains and losses from timber. ``(c) Qualified Percentage.--For purposes of this section, the term `qualified percentage' means the percentage (not exceeding 50 percent) determined by multiplying-- ``(1) 3 percent, by ``(2) the number of years in the holding period of the taxpayer with respect to the timber. ``(d) Estates and Trusts.--In the case of an estate or trust, the deduction under subsection (a) shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets.'' (b) Coordination With Existing Limitations.-- (1) Subsection (h) of section 1 (relating to maximum capital gains rate) is amended by inserting after ``net capital gain'' each place it appears the following: ``(other than qualified timber gain with respect to which an election is made under section 1203)''. (2) Subsection (a) of section 1201 (relating to alternative tax for corporations) is amended by inserting after ``net capital gain'' each place it appears the following: ``(other than qualified timber gain with respect to which an election is made under section 1203)''. (c) Allowance of Deduction in Computing Adjusted Gross Income.-- Subsection (a) of section 62 (relating to definition of adjusted gross income) is amended by adding after paragraph (15) the following new paragraph: ``(16) Partial inflation adjustment for timber.--The deduction allowed by section 1203.'' (d) Conforming Amendment.--The table of sections for part I of subchapter P of chapter 1 is amended by adding at the end the following new item: ``Sec. 1203. Partial inflation adjustment for timber.'' (e) Effective Date.--The amendments made by this section shall apply to sales or exchanges after December 31, 1994. SEC. 202. EXCLUSION OF GAIN FROM SALE OF INTERESTS IN FOREST LANDS. (a) In General.--Part III of subchapter B of chapter 1 (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. SALES OF INTERESTS IN CERTAIN FOREST LANDS. ``(a) Exclusion.-- ``(1) In general.--Gross income shall not include the applicable percentage of any qualified timber gain. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means-- ``(A) 35 percent, or ``(B) in the case of qualified timber gain from the sale of a qualified real property interest described in section 170(h)(2)(C), 100 percent. ``(b) Limitation.--The total amount of gain which may be excluded from gross income under subsection (a) for any taxable year shall not exceed the sum of-- ``(1) the amount of qualified timber gain described in subsection (a)(2)(B), plus ``(2) $800,000. ``(c) Qualified Timber Gain.--For purposes of this section: ``(1) In general.--The term `qualified timber gain' means gain from the sale or exchange of a qualified real property interest in real property which is used in timber operations to a governmental unit described in section 170(c)(1) for conservation purposes. ``(2) Qualified real property interest.--The term `qualified real property interest' has the meaning given such term by section 170(h)(2). ``(3) Timber operations.--The term `timber operations' has the meaning given such term by section 2032A(e)(13)(C). ``(4) Conservation purposes.--The term `conservation purposes' has the meaning given such term by section 170(h)(4)(A) (without regard to clause (iv) thereof). ``(d) Special Rule for Sales to Nongovernmental Entities.-- ``(1) In general.--Subsection (a) shall apply to the sale or exchange to a qualified organization described in section 170(h)(3) if such interest is transferred during the 2-year period beginning on the date of the sale or exchange to a governmental unit described in section 170(c)(1). ``(2) Time for exclusion.--If the transfer to which paragraph (1) applies occurs in a taxable year after the taxable year in which the sale or exchange occurred-- ``(A) no exclusion shall be allowed under subsection (a) for the taxable year of the sale or exchange, but ``(B) the taxpayer's tax for the taxable year of the transfer shall be reduced by the amount of the reduction in the taxpayer's tax for the taxable year of the sale or exchange which would have occurred if subparagraph (A) had not applied.'' (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 is amended by striking the item relating to section 137 and by inserting the following new items after the item relating to section 136: ``Sec. 137. Sales of interests in certain forest lands. ``Sec. 138. Cross references to other Acts.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994. SEC. 203. APPLICATION OF PASSIVE LOSS LIMITATIONS TO TIMBER ACTIVITIES. (a) In General.--Treasury regulations sections 1.469-5T(b)(2) (ii) and (iii) shall not apply to any closely held timber activity if the nature of such activity is such that the aggregate hours devoted to management of the activity for any year is generally less than 100 hours. (b) Definitions.--For purposes of subsection (a): (1) Closely held activity.--An activity shall be treated as closely held if at least 80 percent of the ownership interests in the activity is held-- (A) by 5 or fewer individuals, or (B) by individuals who are members of the same family (within the meaning of section 2032A(e)(2) of the Internal Revenue Code of 1986). An interest in a limited partnership shall in no event be treated as a closely held activity for purposes of this section. (2) Timber activity.--The term ``timber activity'' means the planting, cultivating, caring, cutting, or preparation (other than milling) for market, of trees. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994.

TABLE OF CONTENTS: Title I: Estate Tax Provisions Title II: Income Tax Treatment Family Forestland Preservation Tax Act of 1994 - Title I: Estate Tax Provisions - Amends the Internal Revenue Code to exclude from a gross estate the value of real property: (1) which is used in timber operations; and (2) which is subject to a qualified conservation easement. Increases the recapture period for the special estate tax valuation of forest lands. Title II: Income Tax Treatment - Provides taxpayers a partial inflation adjustment for the deduction from gross income for qualified timber gain. Allows such deduction in computing adjusted gross income. Exclude from gross income the applicable percentage of qualified timber gain from the sale or exchange of property used in timber operations to a governmental unit for conservation purposes. Excludes from conditions of the material participation rules, for purposes of the passive loss limitations, closely held timber activity if the aggregate hours devoted to management of the activity for any year is generally fewer than 100 hours.

Family Forest and Preservation Tax Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Benjamin Franklin Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Benjamin Franklin made historic contributions to the development of our Nation in a number of fields, including government, business, science, communications, and the arts; (2) Benjamin Franklin was the only Founding Father to sign all of our Nation's organizational documents; (3) Benjamin Franklin spent his career as a successful printer, which included printing the official currency for the colonies of Pennsylvania, Delaware, New Jersey and Maryland; (4) Franklin's ``Essay on Paper Currency'' of 1741 proposed methods to fix the rate of exchange between the colonies and Great Britain; (5) Benjamin Franklin, during the American Revolution, designed the first American coin, the ``Continental'' penny; (6) Franklin made ``A Penny Saved is A Penny Earned'' a household phrase to describe the American virtues of hard work and economical living; (7) Franklin played a major role in the design of the Great Seal of the United States, which appears on the $1 bill, and other major American symbols; (8) Before 1979, Benjamin Franklin was the only non- president of the United States whose image graced circulating coin and paper currency; (9) the official United States half dollar from 1948-1963 showed Franklin's portrait, as designed by John Sinnock; (10) Franklin's ``Way to Wealth'' has come to symbolize America's commitment to free enterprise; (11) the Franklin Institute Science Museum in Philadelphia (in this Act referred to as the ``Franklin Institute'') is a museum with an interactive approach to science and technology dedicated to the work of Benjamin Franklin; (12) the Franklin Institute houses the first steam printing machine for coinage used by the United States Mint, which was placed in service in 1836, the 130th anniversary year of Franklin's birth; (13) in 1976, Franklin Hall in the Franklin Institute was named the Official National Monument to the great patriot, scientist, and inventor; (14) the Franklin Institute and 4 other major Benjamin Franklin-related Philadelphia cultural institutions joined hands in 2000 to organize international programs to commemorate the forthcoming 300th anniversary of Franklin's birth in 2006; and (15) in 2002, Congress passed the Benjamin Franklin Tercentenary Commission Act (Public Law 107-202), creating a panel of distinguished Americans to work with the private sector in recommending appropriate Tercentenary programs, with the Franklin Institute serving as its administrative secretariat. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $1 silver coins with younger franklin image on obverse.--Not more than 250,000 $1 coins bearing the designs specified in section 4(a)(2), each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (2) $1 silver coins with older franklin image on obverse.-- Not more than 250,000 $1 coins bearing the designs specified in section 4(a)(3), each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Use of the United States Mint at Philadelphia, Pennsylvania.-- It is the sense of the Congress that the coins minted under this Act should be struck at the United States Mint at Philadelphia, Pennsylvania, to the greatest extent possible. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the life and legacy of Benjamin Franklin. (2) $1 coins with younger franklin image.-- (A) Obverse.--The obverse of the coins minted under section 3(a)(1) shall bear the image of Benjamin Franklin as a young man. (B) Reverse.--The reverse of the coins minted under section 3(a)(1) shall bear an image related to Benjamin Franklin's role as a patriot and a statesman. (3) $1 coins with older franklin image.-- (A) Obverse.--The obverse of the coins minted under section 3(a)(2) shall bear the image of Benjamin Franklin as an older man. (B) Reverse.--The reverse of the coins minted under section 3(a)(2) shall bear an image related to Benjamin Franklin's role in developing the early coins and currency of the new country. (4) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2006''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coin Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2006, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2006. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Sales of Single Coins and Sets of Coins.--Coins of each design specified under section 4 may be sold separately or as a set containing a coin of each such design. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Franklin Institute, for purposes of the celebration of the Benjamin Franklin Tercentenary. (c) Audits.--The Franklin Institute shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, for purposes of this Act.

Benjamin Franklin Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one dollar coins emblematic of the life and legacy of Benjamin Franklin (not more than 250,000 bearing his image as a young statesman and not more than 250,000 with his image as an older numismatist). Directs that all sales of coins minted under this Act include a $10 per coin surcharge, which shall be paid by the Secretary to the Franklin Institute for purposes of the celebration of the Benjamin Franklin Tercentenary.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the tercentenary of the birth of Benjamin Franklin, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beryllium Exposure Compensation Act''. SEC. 2. FINDINGS, PURPOSE, AND APOLOGY. (a) Findings.--The Congress finds that-- (1) hazards involved in the mining and processing of beryllium and its compounds are presumed to have caused injury, disease, and disability among those who worked in the beryllium processing industry; (2) workers who were exposed to beryllium hazards were subjected to increased risk of injury and disease to serve the national security interests of the United States; and (3) the United States should recognize and assume responsibility for the harm done to these workers. (b) Purpose.--It is the purpose of this Act to establish a procedure to provide relief to the workers described in subsection (a) for the burdens they have borne for the Nation as a whole. (c) Apology.--The Congress apologizes on behalf of the Nation to the workers described in subsection (a) and their families for the hardships they have endured. SEC. 3. TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States, a trust fund to be known as the Beryllium Exposure Compensation Trust Fund, which shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in the Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from any such investment shall be credited to the Fund. (c) Availability of the Fund.--Amounts in the Fund shall be available only for disbursement by the Attorney General under section 5. (d) Termination.--The Fund shall terminate 30 years after the date of the enactment of this Act. If all of the amounts in the Fund have not been expended by the end of that 30-year period, investments of amounts in the Fund shall be liquidated and receipts thereof deposited in the Fund and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary to carry out its purposes, which may remain available until expended. SEC. 4. CLAIMS. (a) In General.--A beryllium worker described in subsection (b) shall receive $100,000 if-- (1) the claim for such payment is filed with the Attorney General by or on behalf of such individual; and (2) the Attorney General determines, in accordance with section 5, that the claim meets the requirements for payment under this Act. (b) Eligible Beryllium Worker.--A beryllium worker described in this subsection is an individual who-- (1) at any time during the period beginning January 1, 1930, and ending December 31, 1980, was employed at a beryllium industry site; (2) was exposed to significant beryllium hazards in the course of such employment; and (3) after such exposure developed a condition known to be related to beryllium exposure. (c) Conformity With Section 5.--Payments under this section may be made only in accordance with section 5. SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS. (a) Establishment of Filing Procedures.--The Attorney General shall establish procedures whereby claims may be submitted under this Act. (b) Required Procedures.--The procedures established pursuant to subsection (a) shall provide that a claim meets the requirements for payment under this Act only if the claim includes-- (1) adequate documentation that the individual satisfies the requirements of paragraphs (1) and (2) of section 4(b); and (2) written medical documentation that the individual satisfies the requirements of paragraph (3) of section 4(b). (c) Determination of Claims.-- (1) In general.--The Attorney General shall determine, in accordance with the guidelines established pursuant to this subsection, whether each claim filed under this Act meets the requirements for payment under this Act. (2) Consultation on guidelines.--The Attorney General shall establish guidelines in consultation with-- (A) the Secretary of Defense, the Secretary of Energy, and the Secretary of Labor, for determining what constitutes adequate documentation that an individual satisfies the requirements of paragraph (1) of section 4(b); (B) the Director of the National Institute for Occupational Safety and Health, for determining what constitutes significant beryllium hazards within the meaning of paragraph (2) of section 4(b) and what constitutes adequate documentation that an individual satisfies the requirements of such paragraph; and (C) the Surgeon General, for determining what constitutes written medical documentation that an individual satisfies the requirements of paragraph (3) of section 4(b). (3) Consultation on determinations.--The Attorney General may consult with-- (A) the Secretary of Defense, the Secretary of Energy, and the Secretary of Labor in making determinations pursuant to the guidelines established under paragraph (2)(A); (B) the Director of the National Institute for Occupational Safety and Health in making determinations pursuant to the guidelines established under paragraph (2)(B); and (C) the Surgeon General in making determinations pursuant to the guidelines established under paragraph (2)(C). (d) Payment of Claims.-- (1) In general.--Subject to section 12, the Attorney General shall pay, from amounts available in the Fund, claims filed under this Act which the Attorney General determines meet the requirements for payment under this Act. (2) Offset for certain payments.--A payment under this Act to an individual, or to a survivor of that individual, on a claim under section 4 shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker's compensation), against any person, that is based on injuries incurred by that individual on account of exposure to significant beryllium hazards at any time during the period referred to in section 4(b)(1). (3) Right of subrogation.--Upon payment of a claim under this Act, the United States Government is subrogated for the amount of the payment to a right or claim that the individual to whom the payment was made may have against any person on account of injuries referred to in paragraph (2). (4) Payments in the case of deceased persons.-- (A) In general.--In the case of an individual who is deceased at the time of payment under this Act, such payment may be made only as follows: (i) If the individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (ii) If there is no surviving spouse described in clause (i), such payment shall be made in equal shares to all children of the individual who are living at the time of payment. (iii) If there is no surviving spouse described in clause (i) and if there are no children described in clause (ii), such payment shall be made in equal shares to the parents of the individual who are living at the time of payment. (iv) If there is no surviving spouse described in clause (i), and if there are no children described in clause (ii) or parents described in clause (iii), such payment shall be made in equal shares to all grandchildren of the individual who are living at the time of payment. (v) If there is no surviving spouse described in clause (i), and if there are no children described in clause (ii), parents described in clause (iii), or grandchildren described in clause (iv), then such payment shall be made in equal shares to the grandparents of the individual who are living at the time of payment. (B) Individuals who are survivors.--If an individual eligible for payment under section 4 dies before filing a claim under this Act, any survivor of that individual described in subparagraph (A) may file a claim for such payment under this Act. (C) Definitions.--For purposes of this paragraph-- (i) the spouse of an individual is a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual; (ii) a child includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child; (iii) a parent includes fathers and mothers through adoption; (iv) a grandchild of an individual is a child of a child of that individual; and (v) a grandparent of an individual is a parent of a parent of that individual. (e) Action on Claims.--The Attorney General shall complete the determination on each claim filed in accordance with the procedures established under subsection (a) not later than 12 months after the claim is so filed. (f) Payment in Full Settlement of Claims Against United States.-- The acceptance of payment by an individual under this Act shall be in full satisfaction of all claims of or on behalf of that individual against the United States, or against any person with respect to that person's performance of a contract with the United States, that arise out of exposure to significant beryllium hazards at any time during the period referred to in section 4(b)(1). (g) Administrative Costs Not Paid From Fund.--The costs incurred by the Attorney General in carrying out this Act may not be paid from the Fund or set off against, or otherwise deducted from, any payment under this Act to any individual. (h) Termination of Duties of Attorney General.--The duties of the Attorney General under this Act shall cease when the Fund terminates. (i) Certification of Treatment of Payments Under Other Laws.-- Amounts paid to an individual under this Act-- (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits. (j) Use of Existing Resources.--The Attorney General should use funds and resources available to the Attorney General to carry out his or her functions under this Act. (k) Regulatory Authority.--The Attorney General may issue any regulations necessary to carry out this Act. (l) Issuance of Regulations, Guidelines, and Procedures.-- Regulations, guidelines, and procedures to carry out this Act shall be issued not later than 180 days after the date of the enactment of this Act. SEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; LIMITATION OF REMEDIES. (a) Claims Not Assignable or Transferable.--A claim cognizable under this Act may not be assigned or transferred. (b) Limitation of Remedies.--An individual may not receive more than one payment under this Act. SEC. 7. STATUTE OF LIMITATIONS. A claim to which this Act applies shall be barred unless the claim is filed within 20 years after the date of the enactment of this Act. SEC. 8. ATTORNEY FEES. It shall be unlawful for an amount exceeding 10 percent of the value of any payment made under this Act to be paid to, or received by, any agent or attorney for any service rendered in connection with the claim for payment. Any person who violates this section shall be guilty of an infraction, and shall be subject to a fine in the amount provided in title 18, United States Code. SEC. 9. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES. A payment made under this Act shall not be considered as any form of compensation or reimbursement for a loss for purposes of imposing liability on any individual receiving such payment, on the basis of such receipt, to repay any insurance carrier for insurance payments, or to repay any person on account of worker's compensation payments, and a payment under this Act shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation. SEC. 10. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Beryllium industry site.--The term ``beryllium industry site'' means a site that-- (A) was owned, operated, or supervised by the Federal Government for the mining or processing of beryllium or a beryllium compound; or (B) produced mined or processed beryllium or beryllium compound under contract with the Federal Government. (2) Fund.--The term ``Fund'' means the Beryllium Exposure Compensation Trust Fund under section 3(a). SEC. 11. REPORT. The Secretary of Health and Human Services shall submit to the Congress not later than September 30, 2003, a report on the incidence of beryllium-related illness among workers employed at beryllium industry sites. SEC. 12. BUDGET ACT COMPLIANCE. The authority under this Act to enter into contracts or to make payments shall not be effective in any fiscal year except to such extent or in such amounts as are provided in advance in appropriations Acts.

Beryllium Exposure Compensation Act - Provides jurisdiction and procedures for affording relief for injuries arising out of exposure to hazards involved in the mining and processing of beryllium. (Sec. 3) Establishes the Beryllium Exposure Compensation Trust Fund in the Treasury. Directs the Secretary of the Treasury to administer the Fund. Requires amounts in the Fund to be: (1) invested in accordance with specified law; and (2) available only for disbursement by the Attorney General (AG) under this Act. Terminates the Fund after 30 years. Authorizes appropriations. (Sec. 4) Requires an eligible beryllium worker to receive $100,000 if the AG determines that the claim filed by or on behalf of that individual meets certain requirements for payment. Makes individuals eligible if they: (1) were employed at a beryllium industry site; (2) were exposed to significant beryllium hazards in the course of such employment; and (3) after such exposure developed a condition known to be related to beryllium exposure. (Sec. 5) Directs the AG to establish: (1) procedures for claims submission and payment, including documentation of individual employment and exposure, as well as written medical documentation of the development of a related condition; and (2) guidelines for claims determination, in consultation with other specified Federal officials. Sets forth claims payment requirements, including provisions for: (1) payments to, and claims by, survivors; and (2) treatment of payments under other laws. Requires the AG to complete each claim determination within 12 months after the claim is filed. (Sec. 11) Directs the Secretary of Health and Human Services to report to Congress by the end of FY 2003 on the incidence of beryllium-related illness among workers employed at beryllium industry sites. (Sec. 12) Provides for budget Act compliance.

Beryllium Exposure Compensation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Omnibus Nuclear Power Safety and Security Enhancement Act of 1993''. SEC. 2. NOTIFICATION REQUIREMENTS. Section 206 of the Energy Reorganization Act of 1974 (42 U.S.C. 5846) is amended to read as follows: ``noncompliance ``Sec. 206. (a) Any person constructing, owning, operating, or supplying a component of any facility or activity which is licensed or otherwise regulated by the Commission pursuant to the Atomic Energy Act of 1954 (including any facility leased by the United States Enrichment Corporation), or pursuant to this Act, who obtains information reasonably indicating that such facility or activity or basic component supplied to such facility or activity-- ``(1) contains a defect; or ``(2) fails to comply with the Atomic Energy Act of 1954 or any applicable rule, regulation, order, or license of the Commission; shall immediately notify the Commission of such defect or failure to comply if such defect or failure to comply could create a substantial safety hazard as defined by the regulations promulgated by the Commission, unless such person has actual knowledge that the Commission has been informed in writing of such defect or failure to comply. ``(b) The Commission may issue such regulations and orders as it deems necessary to ensure compliance with this section, including regulations and orders requiring any person subject to this section to devise and implement procedures to identify, evaluate, and report defects and failures to comply subject to the notification requirements of subsection (a). ``(c)(1) Except as provided in paragraph (2), any person who fails to provide a notification required by subsection (a), or who violates any regulation or order issued under subsection (b), shall be subject to a civil penalty in the same manner and amount as provided for violations subject to a civil penalty under section 234 of the Atomic Energy Act of 1954 (42 U.S.C. 2282). ``(2) An individual who is subject to the requirements of this section solely because of employment by a person subject to those requirements shall only be assessed a civil penalty for failure to provide notice pursuant to subsection (a) if such individual has actual knowledge of the reporting requirement imposed by subsection (a) and of a defect as provided in subsection (a)(1) or of a failure of compliance as provided in subsection (a)(2). ``(d) The requirements of this section shall be preeminently posted on the business premises of any person who is required to notify the Commission of a defect or failure to comply under subsection (a). ``(e) The Commission may conduct such reasonable inspections, investigations, and other enforcement activities as it deems necessary to ensure compliance with the provisions of this section and with any regulations and orders issued thereunder. ``(f) For purposes of this section, the term `person' has the same meaning as in section 11 s. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(s)), except that-- ``(1) it also includes the Department of Energy with respect to facilities of the Department regulated by the Commission and with respect to any item provided by the Department as a component to a licensee; and ``(2) it does not include an individual unless he or she is-- ``(A) a sole proprietor or partner of a business that constructs, owns, operates, or supplies a component covered by subsection (a) of this section; or ``(B) a director or responsible officer employed by a person subject to that subsection. ``(g) This section shall apply to the United States Enrichment Corporation and facilities leased by the Corporation, and to its directors and officers, to the same extent as any other person subject to this section.''. SEC. 3. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF RULES, REGULATIONS, ORDERS, OR LICENSING REQUIREMENTS. (a) In General.--Section 234 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2282(a)) is amended to read as follows: ``a. Any person who-- ``(1) violates-- ``(A) any licensing provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109, or any rule, regulation, or order issued thereunder; ``(B) the certification provisions of section 1701, or any rule or regulation issued thereunder; ``(C) any term, condition, or limitation of any license or certification issued under any section referred to in subparagraph (A) or (B); or ``(D) any rule, regulation, or order issued under subsection b., i., or o. of section 161; or ``(2) commits any violation for which a license may be revoked under section 186; shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $100,000 for each such violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Commission shall have the power to compromise, mitigate, or remit such penalties.''. (b) Conforming Amendments.-- (1) The heading of section 234 of the Atomic Energy Act of 1954 (42 U.S.C. 2282) is amended to read as follows: ``Sec. 234. Civil Monetary Penalties for Violations of Rules, Regulations, Orders, or Licensing Requirements.--''. (2) The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. 2011 prec.) is amended by striking the item relating to section 234 and inserting the following: ``Sec. 234. Civil monetary penalties for violations of rules, regulations, orders, or licensing requirements.''. SEC. 4. ADVISORY COMMITTEE ON REACTOR SAFEGUARDS. Section 29 of the Atomic Energy Act of 1954 (42 U.S.C. 2039) is amended by striking the last 2 sentences. SEC. 5. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES. Section 161 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k)) is amended-- (1) in the 1st complete sentence, by inserting ``and licensees (including employees of contractors of licensees)'' after ``(at any tier)''; (2) in the 1st complete sentence, by striking ``owned by or contracted to the United States or being transported to or from such facilities'' and inserting the following: ``owned by or contracted to the United States or licensed by the Commission, or being transported to or from such facilities,''; (3) in the 4th complete sentence, by inserting ``or a licensee of the Commission'' after ``or a contractor of the Department of Energy or Nuclear Regulatory Commission''; and (4) in the last sentence, by inserting ``and the Commission'' after ``The Secretary''. SEC. 6. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS. Section 229 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) is amended by inserting after ``custody of the Commission'' the following: ``or subject to its licensing authority under this Act or any other Act''. SEC. 7. SABOTAGE OF PRODUCTION, UTILIZATION, OR WASTE STORAGE FACILITIES UNDER CONSTRUCTION. Section 236 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended to read as follows: ``a. Any person who intentionally and willfully destroys or causes physical damage to, or who intentionally and willfully attempts to destroy or cause physical damage to-- ``(1) any production facility or utilization facility licensed under this Act; ``(2) any nuclear waste storage facility licensed under this Act; ``(3) any production, utilization, or waste storage facility subject to licensing under this Act during its construction where the destruction or damage caused or attempted to be caused could affect public health and safety during the operation of the facility; ``(4) any nuclear fuel for a utilization facility licensed under this Act, or any spent nuclear fuel from such a facility; or ``(5) any uranium enrichment facility regulated by the Nuclear Regulatory Commission; shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.''. SEC. 8. ADMINISTRATIVE SEARCH WARRANTS. Section 161 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(c)) is amended to read as follows: ``c. (1) Make such studies and investigations, obtain such information, and hold such meetings or hearings as the Commission may deem necessary or proper to assist it in exercising any authority provided in this Act, or in the administration or enforcement of this Act, or any regulations or orders issued thereunder. For such purposes the Commission is authorized-- ``(A) to administer oaths and affirmations; ``(B) by subpoena, to require any person to appear and testify or appear and produce documents, or both, at any designated place; ``(C) to conduct searches without a warrant of the premises of applicants, licensees, and other persons subject to section 206 of the Energy Reorganization Act of 1974 (42 U.S.C. 5846); and ``(D) by judicially approved, administrative search warrant, to enter at reasonable times premises under the control of any person not covered by subparagraph (C) who is subject to the Commission's jurisdiction. ``(2) Before a warrant is issued pursuant to paragraph (1)(D), the Commission shall establish that it has a reasonable suspicion that a violation of a Federal statute or a Commission regulatory requirement has been or will be committed. A search pursuant to such a warrant shall be effected only for purposes directly related to the basis for the warrant, and each such search shall be commenced and completed with reasonable promptness. ``(3) Witnesses subpoenaed pursuant to paragraph (1)(B) shall be paid the same fees and mileage as are paid witnesses in the district courts of the United States.''.

Omnibus Nuclear Power Safety and Security Enhancement Act of 1993 - Amends the Energy Reorganization Act of 1974 to require certain persons (including owners and operators) with information about a defect or safety violation at nuclear facilities regulated by the Nuclear Regulatory Commission (NRC), including those leased by the United States Enrichment Corporation, to notify the NRC immediately if such defect or violation could create a substantial safety hazard. Authorizes the NRC to issue regulations requiring such persons to devise and implement notification compliance procedures. Mandates that the notification requirements be prominently posted on the business premises of persons subject to this Act. Provides a civil penalty for non-compliance. Grants the NRC enforcement powers. Amends the Atomic Energy Act of 1954 to establish civil penalties for violations of its licensing or certification strictures. Declares that each day of a continuing violation constitutes a separate violation for purposes of computing the civil penalty. Repeals the requirement that the Advisory Committee on Reactor Safeguards submit an annual status report to the Congress on reactor safety research. Authorizes the NRC to: (1) permit its licensees to carry firearms while in the discharge of their official duties; and (2) issue regulations regarding the introduction of dangerous weapons or instrumentalities upon property within its licensing purview. Includes within the penalty guidelines for the sabotage of nuclear facilities those facilities subject to NRC licensing during their construction where the damage could affect public health and safety during the operation of the facility. Sets forth guidelines for the NRC to conduct warrantless searches and to enter certain premises with a judicially approved administrative search warrant.

Omnibus Nuclear Power Safety and Security Enhancement Act of 1993

SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``Home Lead Safety Tax Credit Act of 2016''. (b) Findings.--Congress finds that: (1) Lead is a metal that can produce a wide range of health effects in humans when ingested. Children are more vulnerable to lead poisoning than adults. (2) Lead poisoning is a serious, entirely preventable threat to a child's intelligence, behavior, and learning. In severe cases, lead poisoning can result in death. (3) According to the Department of Housing and Urban Development, approximately 23 million housing units nationwide have at least one lead paint hazard. (4) In fiscal year 2015, funding for Federal lead abatement programs, such as the Lead Hazard Control Grant Program, only provided for lead abatement or ``interim control measures'' for 18,600 homes. (5) Childhood lead poisoning can be dramatically reduced by the abatement or complete removal of all lead-based hazards. Empirical studies also have shown substantial reductions in lead poisoning when the affected properties have undergone ``interim control measures'' that are less costly than abatement. (c) Purpose.--The purpose of this section is to encourage the safe removal of lead hazards from homes and thereby decrease the number of children who suffer reduced intelligence, learning difficulties, behavioral problems, and other health consequences due to lead poisoning. SEC. 2. HOME LEAD HAZARD REDUCTION ACTIVITY TAX CREDIT. (a) In General.--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. HOME LEAD HAZARD REDUCTION ACTIVITY. ``(a) Allowance of Credit.-- ``(1) In general.--Subject to paragraph (2), there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 50 percent of the lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year for each eligible dwelling unit. ``(2) Election to apply costs to prior year.--For purposes of this section, a taxpayer may elect to treat any lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year as having been paid or incurred during the preceding taxable year. ``(b) Limitations.-- ``(1) In general.--Subject to paragraph (3), the amount of the credit allowed under subsection (a) for any eligible dwelling unit for any taxable year shall not exceed-- ``(A) $3,000 in the case of lead hazard reduction activity cost including lead abatement measures described in clauses (i), (ii), (iv), and (v) of subsection (c)(1)(A), or ``(B) $1,000 in the case of lead hazard reduction activity cost including interim lead control measures described in clauses (i), (iii), (iv), and (v) of subsection (c)(1)(A). ``(2) Other tax credits.--In the case of any credit against State or local tax liabilities which is allowable under the laws of any State or political subdivision thereof to a taxpayer with respect to any costs paid or incurred by the taxpayer which would otherwise qualify as lead hazard reduction activity costs under this section (referred to in this paragraph as the `State or local tax credit amount'), the amount of the credit allowed under subsection (a) for any eligible dwelling unit for any taxable year (determined after application of paragraph (1)) shall not exceed an amount equal to the difference between-- ``(A) the lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year for such unit, and ``(B) the State or local tax credit amount. ``(3) Limitation per residence.--The cumulative amount of the credit allowed under subsection (a) for an eligible dwelling unit for all taxable years shall not exceed $4,000. ``(c) Definitions and Special Rules.--For purposes of this section: ``(1) Lead hazard reduction activity cost.-- ``(A) In general.--The term `lead hazard reduction activity cost' means, with respect to any eligible dwelling unit-- ``(i) the cost for a certified risk assessor to conduct an assessment to determine the presence of a lead-based hazard (as such terms are defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency), ``(ii) the cost for performing lead abatement measures by a certified lead abatement supervisor (as such term is defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency), including the removal of paint, dust, or pipes, the permanent enclosure or encapsulation of lead-based paint or pipes, the replacement of painted surfaces, windows, or fixtures, or the removal or permanent covering of soil when lead-based hazards are present, ``(iii) the cost for performing interim lead control measures to reduce exposure or likely exposure to lead-based hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based hazards, and the establishment and operation of management and resident education programs, but only if such measures are evaluated and completed by a certified lead abatement supervisor using accepted methods, are conducted by a qualified contractor, and have an expected useful life of more than 10 years, ``(iv) the cost for a certified lead abatement supervisor, those working under the supervision of such supervisor, or a qualified contractor to perform all preparation, cleanup, disposal, and clearance testing activities associated with the lead abatement measures or interim lead control measures, and ``(v) costs incurred by or on behalf of any occupant of such dwelling unit for any relocation which is necessary to achieve occupant protection (as such term is defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency). ``(B) Limitation.--The term `lead hazard reduction activity cost' does not include any cost to the extent such cost is funded by any grant, contract, or otherwise by another person or any governmental agency. ``(2) Eligible dwelling unit.-- ``(A) In general.--The term `eligible dwelling unit' means, with respect to any taxable year, any dwelling unit-- ``(i) placed in service before 1978, ``(ii) located in the United States, and ``(iii) the residents of which during the preceding taxable year have a cumulative adjusted gross income of less than $110,000. ``(B) Dwelling unit.--The term `dwelling unit' has the meaning given such term by section 280A(f)(1). ``(3) Qualified contractor.--The term `qualified contractor' means any contractor who has successfully completed a training course on lead safe work practices which has been approved by the Department of Housing and Urban Development and the Environmental Protection Agency. ``(4) Documentation required for credit allowance.--No credit shall be allowed under subsection (a) with respect to any eligible dwelling unit for any taxable year unless, after lead hazard reduction activity is complete, a certified inspector (as such term is defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency) or certified risk assessor provides written documentation to the taxpayer that includes-- ``(A) evidence that-- ``(i) the eligible dwelling unit meets the lead hazard reduction criteria defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, or ``(ii) the eligible dwelling unit meets lead hazard evaluation criteria established under an authorized State or local program, and ``(B) documentation showing that the lead hazard reduction activity meets the requirements of this section. ``(5) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. ``(6) No double benefit.--Any deduction allowable for costs taken into account in computing the amount of the credit for lead-based abatement shall be reduced by the amount of such credit attributable to such costs. ``(d) Inflation Adjustment.--In the case of any taxable year beginning in a calendar year after 2016, each of the dollar amounts in subsections (b) and (c)(2)(A)(iii) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) 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 before the item relating to section 37 the following new item: ``Sec. 36C. Home lead hazard reduction activity.''. (c) Effective Date.--The amendments made by this section shall apply to lead hazard reduction activity costs incurred after December 31, 2015, in taxable years ending after that date.

Home Lead Safety Tax Credit Act of 2016 This bill allows owners of eligible dwelling units a new tax credit for up to 50% of the lead hazard reduction activity costs for each such unit in a taxable year. An "eligible dwelling unit" is any unit located in the United States that was placed in service before 1978 and the residents of which during the preceding taxable year have a cumulative adjusted gross income of less than $110,000. The bill: (1) specifies the types of lead hazard reduction activity costs eligible for the credit, including risk assessment and abatement costs; and (2) limits the amount of the credit in any taxable year to $3,000 for specified abatement measures and $1,000 for interim lead control measures.

Home Lead Safety Tax Credit Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic Communication Act of 2005''. SEC. 2. ESTABLISHMENT OF CENTER FOR STRATEGIC COMMUNICATION. (a) Findings.--Congress finds the following: (1) The ability of the United States to credibly communicate to populations throughout the world is critical for achieving national objectives and is essential for improving national security and foreign policy. (2) Strategic communication describes a variety of instruments used by governments to understand global attitudes and cultures, to engage in a dialogue of ideas between peoples and institutions, to advise policymakers, diplomats, and military leaders on the public opinion implications of policy choices, and to influence attitudes and behavior through communications strategies. (3) There have been dramatic changes in the world--changes in technology, changes in religious, ethnic, and regional conflicts, and changes in economic, political, and military relationships. These dramatic changes necessitate that the departments and agencies within the Federal Government responsible for national security and homeland security work more closely together so they may function more effectively. (4) Since 2001, more than 15 private sector and congressional reports have examined public diplomacy, with each coming to the conclusion that United States efforts in public diplomacy, a subset of strategic communication, are lacking in leadership, strategic direction, interagency coordination, and a culture of measurement and evaluation. Specifically, the Defense Science Board Task Force on Strategic Communication concluded that ``United States strategic communication must be transformed.''. (b) Center for Strategic Communication.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of State shall solicit from organizations whose primary role is research and analysis related to national security and foreign policy offers to establish a Center for Strategic Communication (in this Act referred to as the ``Center'') within such organizations. The Secretary shall select from among such offers one organization to establish the Center. (2) Tax exempt requirement.--To be eligible to make an offer under this subsection, an organization shall be an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (c) Duties.--The Center shall have the following duties: (1) Provide information and analysis on a regular basis to civilian and military decisionmakers in the Department of State, the Department of Defense, the Department of Justice, the Department of Homeland Security, and the Director of National Intelligence on issues vital to United States national security and foreign policy to enhance the ability of such decisionmakers to make informed decisions regarding the following: (A) Global public opinion. (B) The role of culture, values, and religion in shaping human behavior. (C) Media trends and influences on audiences. (D) Information technologies. (E) The implications of all source intelligence assessments. (F) Such other subject matters or issues as such decisionmakers request. (2) Develop plans, themes, products, and programs for the creation and implementation of United States communications strategies that promote diplomatic opportunities, provide a positive view of the United States, and respond to national security threats. (3) Support government-wide strategic communication through services provided on a cost-recovery basis. Such services shall-- (A) use, whenever possible, nongovernmental entities to foster cross-cultural exchanges of ideas, people, and information; (B) maintain knowledge management systems, language and skills inventories, and procedures to recruit private sector experts for short term assignments; and (C) develop and maintain the ability to deploy temporary communications teams to augment planning, recruitment, and training for strategic communication within the Federal Government. (4) Develop tools and techniques to monitor and evaluate the effectiveness, efficiency, and message continuity of their own operations and of government-wide strategic communication initiatives to help adapt plans, themes, products, and programs to meet current and anticipated requirements. (5) Perform functions including-- (A) audience polling and analysis, including analysis related to ethnographic, psychographic, demographic, behavioral and tracking research, and focus groups; (B) cultural influence analysis, including analysis related to values, religion, entertainment, and education; (C) analysis of media influences on audiences, including analysis related to content analysis, agendas, political and social tendencies, relevance and credibility, and media organization structure, ownership, and business models; and (D) fostering cross-cultural exchanges of ideas, peoples, and information. (6) Contract with private sector and academic entities, whenever possible, for a range of products and programs that communicate strategic themes and messages to appropriate target audiences, including themes and messages related to-- (A) respect for human dignity and individual rights; (B) individual education and economic opportunity; and (C) personal freedom, safety, and mobility. (7) Mobilize nongovernment initiatives, including temporary communication teams, coalition building partnerships, and deployment of language-qualified global messengers. (d) Liaison.--The Secretary of State shall designate an individual from the Department of State to serve as a liaison between the departments and agencies described in subsection (c)(1) and the Center. (e) Funding.--From amounts appropriated to the Department of State each fiscal year, $250,000,000 shall be made available to support the administration of the Center and to fund work with private sector and academic entities. Additional funding for projects and programs to be carried out by the Center may be provided through contracts and task orders entered into by departments and agencies of the Government. SEC. 3. REPORT. Not later than six months after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report describing the actions taken in accordance with this Act to strengthen the Federal Government's strategic communication capability. The report shall, at a minimum, contain the following information: (1) A description of the efforts taken to understand global public opinion, the strategic implications of policymaking, and engage in more effective communication with global audiences. (2) A description of the efforts taken to coordinate the components of strategic communication, including components related to public diplomacy, public affairs, international broadcasting, and military information operations. (3) Recommendations for additional statutory changes to improve the public diplomacy capabilities of the United States. (4) An examination of the feasibility of establishing a strategic communication organization within the National Security Council to coordinate the efforts of the Center. (5) Recommendations for elevating officials of the Department of State who are responsible for matters relating to public diplomacy and public affairs to the levels of Deputy Assistant Secretary of State or Senior Advisor to the Assistant Secretary. (6) Recommendations for elevating the Coordinator of the Bureau of International Information Programs to Assistant Secretary of State.

Strategic Communication Act of 2005 - Directs the Secretary of State to solicit from tax-exempt national security and foreign policy research organizations offers to establish a Center for Strategic Communication, and select one organization to establish such Center. Includes among Center duties: (1) provision of information and analysis to the Department of State, the Department of Defense (DOD), the Department of Justice, the Department of Homeland Security, and the Director of National Intelligence on U.S. security and foreign policy issues; (2) development of U.S. communications strategies and monitoring techniques; (3) support of government-wide strategic communication through services provided on a cost-recovery basis; (4) contracting with private sector and academic entities; and (5) mobilization of nongovernment initiatives.

To improve the conduct of strategic communication by the Federal Government.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minimum Wage Fairness Act''. SEC. 2. MINIMUM WAGE INCREASES. (a) Minimum Wage.-- (1) In general.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $8.20 an hour, beginning on the first day of the sixth month that begins after the date of enactment of the Minimum Wage Fairness Act; ``(B) $9.15 an hour, beginning 1 year after that first day; ``(C) $10.10 an hour, beginning 2 years after that first day; and ``(D) beginning on the date that is 3 years after that first day, and annually thereafter, the amount determined by the Secretary pursuant to subsection (h);''. (2) Determination based on increase in the consumer price index.--Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h)(1) Each year, by not later than the date that is 90 days before a new minimum wage determined under subsection (a)(1)(D) is to take effect, the Secretary shall determine the minimum wage to be in effect pursuant to this subsection for the subsequent 1-year period. The wage determined pursuant to this subsection for a year shall be-- ``(A) not less than the amount in effect under subsection (a)(1) on the date of such determination; ``(B) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and ``(C) rounded to the nearest multiple of $0.05. ``(2) In calculating the annual percentage increase in the Consumer Price Index for purposes of paragraph (1)(B), the Secretary shall compare such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively.''. (b) Base Minimum Wage for Tipped Employees.--Section 3(m)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)) is amended to read as follows: ``(1) the cash wage paid such employee, which for purposes of such determination shall be not less than-- ``(A) for the 1-year period beginning on the first day of the sixth month that begins after the date of enactment of the Minimum Wage Fairness Act, $3.00 an hour; ``(B) for each succeeding 1-year period until the hourly wage under this paragraph equals 70 percent of the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of-- ``(i) $0.95; or ``(ii) the amount necessary for the wage in effect under this paragraph to equal 70 percent of the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; and ``(C) for each succeeding 1-year period after the year in which the hourly wage under this paragraph first equals 70 percent of the wage in effect under section 6(a)(1) for the same period, the amount necessary to ensure that the wage in effect under this paragraph remains equal to 70 percent of the wage in effect under section 6(a)(1), rounded to the nearest multiple of $0.05; and''. (c) Publication of Notice.--Section 6 of the Fair Labor Standards Act of 1938 (as amended by subsection (a)) (29 U.S.C. 206) is further amended by adding at the end the following: ``(i) Not later than 60 days prior to the effective date of any increase in the minimum wage determined under subsection (h) or required for tipped employees in accordance with subparagraph (B) or (C) of section 3(m)(1), as amended by the Minimum Wage Fairness Act, the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing the adjusted required wage.''. (d) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the first day of the sixth month that begins after the date of enactment of this Act. SEC. 3. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND TREATMENT OF CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY. (a) In General.-- (1) Dollar limitation.--Section 179(b)(1) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``in 2010, 2011, 2012, or 2013'' in subparagraph (B) and inserting ``after 2009 and before 2017'', and (B) by striking ``2013'' in subparagraph (C) and inserting ``2016''. (2) Reduction in limitation.--Section 179(b)(2) of such Code is amended-- (A) by striking ``in 2010, 2011, 2012, or 2013'' in subparagraph (B) and inserting ``after 2009 and before 2017'', and (B) by striking ``2013'' in subparagraph (C) and inserting ``2016''. (b) Computer Software.--Section 179(d)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking ``2014'' and inserting ``2017''. (c) Election.--Section 179(c)(2) of the Internal Revenue Code of 1986 is amended by striking ``2014'' and inserting ``2017''. (d) Special Rules for Treatment of Qualified Real Property.-- (1) In general.--Section 179(f)(1) of the Internal Revenue Code of 1986 is amended by striking ``in 2010, 2011, 2012, or 2013'' and inserting ``after 2009 and before 2017''. (2) Carryover limitation.-- (A) In general.--Section 179(f)(4) of such Code is amended by striking ``2013'' each place it appears and inserting ``2016''. (B) Conforming amendment.--The heading of subparagraph (C) of section 179(f)(4) of such Code is amended by striking ``2010, 2011 and 2012'' and inserting ``years before 2016''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Minimum Wage Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to: (1) $8.20 an hour beginning on the first day of the sixth month after the enactment of this Act, (2) $9.15 an hour beginning one year after the date of such initial increase, (3) $10.10 an hour beginning two years after such date, and (4) the amount determined by the Secretary of Labor (based on increases in the Consumer Price Index) beginning three years after such date and annually thereafter. Increases the federal minimum wage for tipped employees to $3.00 an hour for one year beginning on the first day of the sixth month after the enactment of this Act. Provides a formula for subsequent annual adjustments of the minimum wage for tipped employees until it equals 70% of the wage in effect under FLSA for other employees. Directs the Secretary of Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on the Department of Labor's website. Amends the Internal Revenue Code to extend through taxable years beginning before 2017: (1) the increase to $500,000 of the expensing allowance for business assets, including computer software; and (2) the treatment of qualified real property (i.e., leasehold improvement property, restaurant property, and retail improvement property) as depreciable business property.

Minimum Wage Fairness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rent Reform and Empowerment Act of 1995''. SEC. 2. CEILING RENTS. Section 3(a)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``and approved by the Secretary''; and (B) by striking clause (iii) and inserting the following new clause: ``(iii) at the election of such agency, is-- ``(I) not less than the average monthly amount of debt service and operating expenses attributable to dwelling units of similar size in public housing projects owned and operated by such agency; ``(II) not less than the reasonable rental value of the unit, as determined by the agency; or ``(III) not less than the local market rent determined by the agency for comparable units of similar size pursuant to the procedures prescribed by the Secretary for determining rent reasonableness under the program for rental certificate assistance under section 8(b).''; (2) by redesignating subparagraph (B) as subparagraph (D); and (3) by inserting after subparagraph (A) the following new subparagraphs: ``(B) Any ceiling rents established by a public housing agency pursuant to this paragraph may be adjusted by the agency. ``(C)(i) Any ceiling rents established pursuant to subclause (I) or (III) of subparagraph (A)(iii) shall take effect at the discretion of the public housing agency. ``(ii) Any ceiling rents established pursuant to subclause (II) of subparagraph (A)(iii) may not take effect before the issuance of regulations to carry out such subclause, which shall be issued by the Secretary not later than 180 days after the date of the enactment of the Rent Reform and Empowerment Act of 1995. ``(iii) Before the effectiveness of regulations under clause (ii), an agency shall determine the reasonable rental value of unit for purposes of subclause (II) of subparagraph (A)(iii) based upon (I) in a project of 50 or more units for which such ceiling rents are being established, the 95th percentile of rents paid for all units in the project, (II) in a group of comparable projects for which such ceiling rents are being established that consists of a total of 50 or more units, all units in the projects, and (III) in a group of at least 50 comparable units for which such ceiling rents are being established, all units in the group.''. SEC. 3. EXCLUSIONS FROM ADJUSTED INCOME. Section 3(b)(5) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(5)) is amended-- (1) in subparagraph (C)-- (A) by striking ``and'' before ``(ii)''; and (B) by inserting before the semicolon at the end the following; ``; and (iii) to the extent documented by the family, the amount paid by the family for health insurance coverage and any other nonreimbursed out-of- pocket medical expenses for any members of the family residing in the household who, at the time, are not receiving or approved to receive any assistance for health care from the Federal Government or any State government, except that this clause shall apply only to families residing in public housing''; (2) in subparagraph (E), by inserting before the semicolon at the end the following: ``, except that in the case of a family residing in public housing the amount excluded under this subparagraph shall be 20 percent of the earned income of the family remaining after excluding any amounts pursuant to subparagraph (H)''; (3) in subparagraph (F), by striking ``and'' at the end; (4) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following new subparagraphs: ``(H) in the case of a family residing in public housing, any earned income of any formerly dependent child who is a member of the family residing in the family's dwelling unit during the period beginning on the date of the first redetermination of the rent for and family composition of the family that occurs after the child reaches 18 years of age and ending upon the date of the first such redetermination occurring after he or she reaches 21 years of age, except that, effective during and after the first fiscal year that commences after the expiration of the 4-year period beginning on the date of the enactment of the Rent Reform and Empowerment Act of 1995, amounts earned by a child may not be excluded under this subparagraph unless (i) the child is enrolled in and attending high school (or a recognized equivalency program), or has received a high school diploma (or the recognized equivalent thereof), or (ii) the public housing agency has determined that requiring the child to comply with clause (i) would significantly interfere with the sole source of financial support of the family or would otherwise create a significant hardship for the family of the child; and ``(I) in the case of 2-parent families with children (as defined by the Secretary by regulation) who reside in public housing, an amount (in addition to any amounts excluded under subparagraphs (E) and (H)) not to exceed 10 percent of any earned income of the family.''. SEC. 4. EXCLUSION OF EARNED INCOME OF RESIDENTS WHO OBTAIN EMPLOYMENT FROM RENT DETERMINATIONS. (a) In General.--Section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)) is amended-- (1) in the third sentence of paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Optional Exclusion of Earned Income From Rent Determination for Families Previously Unemployed.--Notwithstanding any other provision of law, a public housing agency may provide (at the option of a public housing agency) that, for all units in public housing administered by the agency, the rent payable under subsection (b) for any such unit occupied by a family whose income increases as a result of employment of a member of the family who was previously unemployed for 1 or more years, may not-- ``(A) be increased as a result of the increased income due to such employment during the period that begins upon the commencement of such employment and ends upon the second annual redetermination of the rent for and family composition of the family occurring thereafter; ``(B) during any 12-month period occurring during the 36 months succeeding the expiration of the period under subparagraph (A) for the family, be increased due to the continued employment of such family member by more than one- third of the difference between (i) the rent being paid by the family upon expiration of such period, and (ii) the amount of rent that the family would pay but for the applicability of this paragraph; and ``(C) in any case, exceed the amount determined under paragraph (1) or (2).''. SEC. 5. EXCLUSION FROM INCOME OF EARNINGS FROM JOB TRAINING AND SELF- SUFFICIENCY PROGRAMS. Section 3 of the United States Housing Act of 1937 (42 U.S.C. 1437a) is amended-- (1) in subsection (b)(4), by inserting before the period at the end the following: ``, and except that the earnings of and benefits to any public housing resident resulting from enrollment and participation in a program providing employment training and supportive services in accordance with the Family Support Act of 1988, section 22 of this Act, the Job Training Partnership Act, subtitle D of title IV of the Cranston- Gonzalez National Affordable Housing Act, part F of title IV of the Social Security Act, or any comparable Federal, State, or local law shall not be considered as income for the purposes of determining a limitation on the amount of rent paid by the resident during the period that the resident enrolls and participates in such program''; and (2) by striking the undesignated paragraph at the end of subsection (c)(3) (as added by section 515(b) of the Cranston- Gonzalez National Affordable Housing Act). SEC. 6. APPLICABILITY. Notwithstanding the amendments made by this Act, any resident of public housing participating in the program under the authority contained in the undesignated paragraph at the end of section 3(c)(3) of the United States Housing Act of 1937 (as added by section 515(b) of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101- 625; 104 Stat. 4199)), as such paragraph existed before the date of enactment of this Act, shall continue to be governed by such authority. SEC. 7. PERFORMANCE FUNDING SYSTEM. Section 9(a)(3)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437g(a)(3)(B)) is amended-- (1) in clause (iv), by striking ``and'' at the end; (2) in clause (v), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new clause: ``(vi) the amount of any reduced revenue resulting from the exclusion of income of public housing residents pursuant to section 3(b)(5)(E) shall be calculated and included in the amount of the payment received under this section by the public housing agency administering the public housing in which such residents reside;''. SEC. 8. EFFECTIVE DATE. The amendments under this Act shall be made and shall take effect on the earlier of-- (1) the date of the effectiveness of the regulations under section 9; or (2) the expiration of the 120-day period beginning on the date of the enactment of this Act. SEC. 9. REGULATIONS. The Secretary shall issue any final regulations necessary to implement the amendments made by this Act, which shall take effect not later than the expiration of the 120-day period beginning on the date of the enactment of this Act. The regulations shall be issued after notice and opportunity for public comment in accordance with the procedures under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).

Rent Reform and Empowerment Act of 1995 - Amends the United States Housing Act of 1937 to revise public housing rent determinations.

Rent Reform and Empowerment Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Reports Elimination Act of 2014''. SEC. 2. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS. (a) Department of Transportation.-- (1) Air traffic services committee reports.--Section 106(p)(7) of title 49, United States Code, is amended-- (A) by striking subparagraph (H); and (B) by redesignating subparagraph (I) as subparagraph (H). (2) Annual summaries of financial reports.--Subsection (k) of section 47107 of title 49, United States Code, is repealed. (3) Pipeline safety information grants to communities annual report.--Section 60130 of title 49, United States Code, is amended-- (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c). (4) Pilot program for innovative financing of air traffic control equipment annual report.--Section 182 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 44502 note) is amended-- (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (5) Justification for air defense identification zone.-- Section 602 of the Vision 100--Century of Aviation Reauthorization Act (Public Law 108-176; 117 Stat. 2563), and the item relating to that section in the table of contents in section 1(b) of that Act, are repealed. (6) Standards for aircraft and aircraft engines to reduce noise levels annual report.--Section 726 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (49 U.S.C. 47508 note) is amended by striking subsection (c). (b) Environmental Protection Agency.-- (1) Great lakes management comprehensive report.--Section 118(c) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)) is amended-- (A) by striking paragraph (10); and (B) by redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12), respectively. (2) General assistance program report to congress.--The Indian Environmental General Assistance Program Act of 1992 (42 U.S.C. 4368b) is amended by striking subsection (i). (3) Research program respecting ocean dumping and other methods of waste disposal report by administrator.--Section 204 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1444) is amended-- (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). SEC. 3. CONSOLIDATION OR MODIFICATION OF CERTAIN REPORTS. (a) Marine Safety Report to Congress.-- (1) Consolidation.--Section 2116(d)(2)(B) of title 46, United States Code, is amended by striking ``under subsection (b); and'' and inserting ``under subsection (b), which shall include an identification of-- ``(i) the number of civilian and military Coast Guard personnel assigned to marine safety positions; and ``(ii) marine safety positions that are understaffed for purposes of facilitating the strategy and achieving the goals described in subsection (a); and''. (2) Conforming amendments.--Section 57 of title 14, United States Code, is amended-- (A) by striking subsection (e); and (B) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively. (b) Maritime Transportation Security Annual Report.-- (1) Consolidation.--Section 70103 of title 46, United States Code, is amended by adding at the end the following: ``(f) Annual Report.--On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes-- ``(1) with respect to the last full fiscal year preceding the report-- ``(A) a summary of-- ``(i) security standards established pursuant to this section; and ``(ii) the level of compliance and steps taken to ensure compliance by ports, terminals, vessel operators, and shippers with respect to security standards established pursuant to this section; and ``(B) a statement of the number of-- ``(i) security zones established for vessels containing especially hazardous cargo; and ``(ii) vessels containing especially hazardous cargo provided a waterborne security escort, subdivided by Federal, State, local, or private security provider; and ``(2) an assessment of any additional vessels, personnel, infrastructure, or other resources that may be necessary to provide waterborne escorts to vessels containing especially hazardous cargo for which a security zone is established.''. (2) Conforming amendments.-- (A) Especially hazardous cargo.--Section 70103(e) of title 46, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) Especially hazardous cargo defined.--In this subsection and subsection (f), the term `especially hazardous cargo' means anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and any other substance, material, or group or class of material, in a particular amount and form that the Secretary determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce.''. (B) Vessel and intermodal security reports.-- Section 809 of the Coast Guard and Maritime Transportation Act of 2004 (46 U.S.C. 70101 note) is amended-- (i) in subsection (a) by striking ``and (j)'' and inserting ``and (i)''; (ii) by striking subsection (i); and (iii) by redesignating subsections (j) and (k) as subsections (i) and (j), respectively. (c) Modifications.-- (1) Infrastructure investment needs report.--Section 503(b)(8)(A) of title 23, United States Code, is amended by striking ``July 31, 2013, and July 31'' and inserting ``July 31, 2014, and July 31''. (2) Reports to congress.--Section 609 of title 23, United States Code, is amended-- (A) in subsection (a) by striking ``June 1, 2012,'' and inserting ``June 1, 2014,''; and (B) in subsection (b)(1) by striking ``December 1, 2012,'' and inserting ``December 1, 2014,''. (3) Public mass transportation systems report.--Section 308(e)(1) of title 49, United States Code, is amended by striking ``March 1998, and in March'' and inserting ``July 2014, and in July''. (4) Evaluation and audit of national transportation safety board.--Section 1138(a) of title 49, United States Code, is amended by striking ``at least annually, but may be conducted''. (5) Briefings.--Section 20017(b)(6) of MAP-21 (49 U.S.C. 5324 note; 126 Stat. 706) is amended-- (A) in subparagraph (A) by inserting after ``the Senate'' the following: ``and the Committee on Transportation and Infrastructure of the House of Representatives''; and (B) in subparagraph (B) by inserting after ``the Senate'' the following: ``and the Committee on Transportation and Infrastructure of the House of Representatives''. SEC. 4. PAPERLESS REPORTS. (a) Railway-Highway Crossings Annual Report.--Section 130(g) of title 23, United States Code, is amended by striking the third sentence and inserting the following: ``The Secretary shall make available to the public on the Web site of the Department of Transportation, not later than April 1, 2014, and every 2 years thereafter, a report on the progress being made by the State in implementing projects to improve railway-highway crossings.''. (b) National Bridge and Tunnel Inventory Report.--Section 144(d)(1)(B) of title 23, United States Code, is amended by striking ``submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate'' and inserting ``make available to the public on the Web site of the Department of Transportation''. (c) Surface Transportation Project Delivery Program Report.-- Section 327 of title 23, United States Code, is amended by striking subsection (i) and inserting the following: ``(i) Report.--The Secretary shall make available to the public on the Web site of the Department of Transportation an annual report that describes the administration of the program.''. (d) Highway Safety Programs Biennial Report.--Section 402(n) of title 23, United States Code, is amended-- (1) by striking ``to Congress'' in the subsection heading; and (2) in the matter preceding paragraph (1) by striking ``submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate'' and inserting ``make available to the public on the Web site of the Department of Transportation a report''. (e) In-Vehicle Alcohol Detection Device Research Reports.--Section 403(h)(4) of title 23, United States Code, is amended by striking ``submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and Committee on Science, Space, and Technology of the House of Representatives'' and inserting ``make available to the public on the Web site of the Department of Transportation an annual report''. (f) National ITS Program Plan Reporting.--Section 512(b) of title 23, United States Code, is amended by striking ``submitted'' and all that follows through the period at the end and inserting ``made available to the public, and updated biennially, on the Web site of the Department of Transportation.''. (g) Advisory Committee Report.--Section 515(h)(4) of title 23, United States Code, is amended-- (1) by striking ``of each year after the date of enactment of the Transportation Research and Innovative Technology Act of 2012,'' and inserting ``, 2014, and biennially thereafter,''; (2) by striking ``submit to Congress'' and inserting ``make available to the public on the Web site of the Department of Transportation''; and (3) in subparagraph (A) by striking ``calendar year'' and inserting ``2 calendar years''. (h) National Ferry Database Update Report.--Section 1801(e)(3) of SAFETEA-LU (23 U.S.C. 129 note) is amended by inserting ``and shall make any such modified report available to the public on the Web site of the Department'' before the period at the end. (i) High-Risk Rural Roads Best Practices Report.--Section 1112(b)(2)(A) of MAP-21 (23 U.S.C. 148 note) is amended by striking ``submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives'' and inserting ``make available to the public on the Web site of the Department''. (j) Completion Time Assessment Report.--Section 1323(a)(2) of MAP- 21 (126 Stat. 553) is amended by striking ``submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate'' and inserting ``make available to the public on the Web site of the Department''. (k) Additional Report.--Section 1323(b) of MAP-21 (126 Stat. 554) is amended by striking ``submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate'' and inserting ``make available to the public on the Web site of the Department''. Passed the House of Representatives January 8, 2014. Attest: KAREN L. HAAS, Clerk.

. Transportation Reports Elimination Act of 2014 - (Sec. 2) Eliminates certain mandatory reports to specified congressional committees from the Secretary of Transportation (DOT) on: (1)  Airport Improvement Project grants, (2) Pipeline Safety Information Grants to Communities, (3) the pilot program for innovative financing of air traffic control equipment (under the Vision 100--Century of Aviation Reauthorization Act), and (4)  the application of new aircraft and aircraft engine standards or technologies to reduce aircraft noise levels (under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century). Eliminates certain mandatory Federal Aviation Administration (FAA) reports with respect to the Air Traffic Services Committee and the establishment of an Air Defense Identification Zone (under the Vision 100--Century of Aviation Reauthorization Act). Eliminates mandatory reports to specified congressional committees from the Environmental Protection Agency (EPA) regarding Great Lakes Management, the Indian Environmental General Assistance Program (under the Indian Environmental General Assistance Program Act of 1992), and the research program respecting ocean dumping and other methods of waste disposal (under the Marine Protection, Research, and Sanctuaries Act of 1972). (Sec. 3) Requires the annual marine safety report to Congress of the Secretary of the department in which the Coast Guard is operating to identify: (1) the number of civilian and military Coast Guard personnel assigned to marine safety positions; and (2) marine safety positions that are understaffed for purposes of facilitating the marine safety strategy and achieving its goals. Directs the Secretary of the department in which the Coast Guard is operating to submit an annual Maritime Transportation Security report to specified congressional committees that includes: (1) a summary of security standards established and the level of compliance with them, and steps taken to ensure compliance, by ports, terminals, vessel operators, and shippers; and (2) the number of security zones established for vessels containing especially hazardous cargo, and the number of such vessels provided a waterborne security escort. Requires such report also to assess any additional vessels, personnel, infrastructure, or other resources that may be necessary to provide waterborne escorts to such vessels. Postpones till certain dates in 2014 the DOT Secretary's first biennial reports to specified congressional committees on infrastructure investment needs and the financial performance of projects receiving, or which have already received, infrastructure finance assistance. Changes from March to July, starting July 2014, the deadline for the biennial DOT public mass transportation system reports to Congress. Repeals the requirement that the Comptroller General (GAO) evaluation and audit of the National Transportation Safety Board (NTSB) be conducted at least annually. Requires the DOT Secretary and the Secretary of Homeland Security (DHS) to include the House Committee on Transportation and Infrastructure in their quarterly briefings to Congress on any memorandum of agreement between them for coordination of their roles and responsibilities in providing assistance for public transportation. (Sec. 4) Revises the requirement for biennial reports to specified congressional committees on state progress in implementing projects to improve railway-highway crossings to make them (paperless) reports to the public on the DOT website. Requires the same shift to paperless reports to the public on the DOT website with respect to mandatory annual or biennial reports concerning: (1) the national bridge and tunnel inventory; (2) the surface transportation project delivery program; (3) highway safety programs; (4) in-vehicle alcohol detection device research; (5) the National Intelligent Transportation System (ITS) Program Plan; (6) research, technology, and education advisory committee recommendations; (7) high-risk rural roads best practices; and (8) a specified comparison of the completion times of categorical exclusions, environmental assessments, and environmental impact statements for federal-aid highway projects among specified time periods. Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to require publication also on the DOT website of national ferry database updates.

Transportation Reports Elimination Act of 2014

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Community Protection Against Wildfire Act of 2002''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Reservation of National Fire Plan funds for wildfire control efforts on Federal lands in wildland-urban interface. Sec. 4. Community and private land wildfire assistance. Sec. 5. Limitation on maximum diameter of living trees that may be cut. Sec. 6. Forest restoration and value-added centers. Sec. 7. Treatment of receipts. SEC. 2. DEFINITIONS. In this Act: (1) Center.--The term ``Center'' means a Restoration and Value-Added Center established under section 6. (2) Federal lands.--The term ``Federal lands'' means-- (A) National Forest System lands; and (B) public lands administered by the Secretary of the Interior, acting through the National Park Service, the United States Fish and Wildlife Service, or the Bureau of Land Management. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (4) Micro-enterprise.--The term ``micro-enterprise'' means a non-subsidiary business or cooperative employing five or fewer people. (5) National fire plan.--The term ``National Fire Plan'' means the plans, strategies, projects, and activities of the Secretary concerned to respond to adverse impacts on communities and the environment from wildfires on Federal public lands, which are based on and reflect the following: (A) The report of the Secretary of Agriculture and the Secretary of the Interior entitled ``Managing the Impact of Wildfires on Communities and the Environment'', dated September 8, 2000. (B) Congressional direction accompanying appropriations to the Department of Agriculture and the Department of the Interior for wildland fire management for fiscal year 2001 and subsequent years. (6) Secretary concerned.--The ``Secretary concerned'' means-- (A) the Secretary of Agriculture or the appropriate Federal land manager with respect to the Federal lands described in paragraph (2)(A); and (B) the Secretary of the Interior or the appropriate Federal land manager with respect to the Federal lands described in paragraph (2)(B). (7) Small enterprise.--The term ``small enterprise'' means a non-subsidiary business or cooperative employing between 6 and 150 people. (8) Wildland-urban interface.--The term ``wildland-urban interface'' means a geographic area in which-- (A) homes and other structures are within one- quarter mile of, or intermixed with, Federal lands containing flammable vegetation; (B) the conditions on such lands are conducive to wildfire; and (C) there is a significant probability of a fire ignition and a resulting spread of the wildfire. SEC. 3. RESERVATION OF NATIONAL FIRE PLAN FUNDS FOR WILDFIRE CONTROL EFFORTS ON FEDERAL LANDS IN WILDLAND-URBAN INTERFACE. Of the total funds appropriated or otherwise made available to the Secretary concerned to implement the National Fire Plan in a fiscal year, the Secretary concerned shall expend not less than 85 percent of the funds to plan and carry out hazardous fuels reduction projects and other wildfire control efforts on Federal lands in the wildland-urban interface. SEC. 4. COMMUNITY AND PRIVATE LAND WILDFIRE ASSISTANCE. (a) Provision of Assistance.--The Secretary of Agriculture shall make grants to States and Indian tribes for the purpose of-- (1) promoting optimal firefighting efficiency at the Federal, State, Indian tribe, and local levels in the wildland- urban interface; (2) augmenting Federal projects under the National Fire Plan that establish landscape level protection from wildfires; (3) expanding outreach and education programs to homeowners and communities about fire prevention; and (4) establishing space around homes and property of private landowners that is defensible against wildfires. (b) Administration and Implementation.--The grant funds shall be administered, and projects using such funds shall be implemented, by State foresters or equivalent State officials or, in the case of a grant to an Indian tribe, an appropriate representative of the Indian tribe. (c) Use of Grant Funds.--The grant funds provided by the Secretary of Agriculture to a State or Indian tribe shall be used to undertake on non-Federal lands in the wildland-urban interface-- (1) fuel hazard mitigation and prevention; (2) invasive species management; (3) multiresource wildfire planning; (4) community protection planning; (5) community and landowner education enterprises, including the program known as FIREWISE; and (6) special restoration projects. (d) Consent Required.--Activities undertaken on non-Federal lands shall be undertaken only with the consent of the owner of the lands. (e) Distribution of Grant Funds.--Funds appropriated or otherwise made available to carry out this section for a fiscal year shall be distributed by the Secretary of Agriculture to each State and Indian tribe in an amount that bears the same relationship to the total funds available as the population of communities at risk to wildlife in the State or area under the jurisdiction of the Indian tribe, as determined by the Secretary, bears to the total population of all communities at risk. (f) Authorization of Appropriations.--There are hereby authorized to be appropriated to the Secretary of Agriculture to carry out this section a total of $1,500,000,000 during the five-fiscal year period beginning October 1, 2002. SEC. 5. LIMITATION ON MAXIMUM DIAMETER OF LIVING TREES THAT MAY BE CUT. (a) Limitations Required.--To ensure that funds appropriated or otherwise made available to implement the National Fire Plan or to make grants under section 4 are used to actually reduce the threat of catastrophic wildfire in the wildland-urban interface, rather than increase the harvest of valuable timber, the Secretary concerned shall adopt and enforce regulations that limit the diameter of trees that may be removed as part of any hazardous fuels reduction project or other wildfire control effort funded in whole or in part using National Fire Plan funds or grant funds under section 4. (b) Basis for Regulations.--The Secretary concerned shall develop the regulations required by subsection (a) using the recommendations contained in a study, to be conducted by the National Academy of Sciences, regarding diameter limitations based on tree species and forest types. The National Academy of Sciences shall include specific recommendations in the study for the content of the regulations. (c) Exception.--The Secretary concerned may grant an exception to a diameter limitation adopted under subsection (a) if the Secretary determines that extraordinary circumstances exist requiring the removal of a tree that exceeds the limitation to ensure public safety. (d) Time Period for Implementation.--The study required by subsection (b) shall be completed and submitted to the Secretary within eight months after the date of the enactment of this Act. As soon as possible after receipt of the study, the Secretary concerned shall publish in the Federal Register the notice of proposed rule making under this section and otherwise comply with the requirements of section 553 of title 5, United States Code. Within eight months after the receipt of the study, the final regulations shall be issued. The regulations shall apply to hazardous fuels reduction projects and other wildfire control efforts beginning on or after October 1, 2003, and funded in whole or in part using National Fire Plan funds or grant funds under section 4. SEC. 6. FOREST RESTORATION AND VALUE-ADDED CENTERS. (a) Establishment.--The Secretary concerned may provide cost-share grants, cooperative agreements, or both to establish Restoration and Value-Added Centers in order to improve the implementation of collaborative, community-based restoration projects on Federal lands. (b) Requirements.--The Centers shall provide technical assistance to nonprofit organizations, existing small enterprises or micro- enterprises or individuals interested in creating a natural-resource related small enterprise or micro-enterprise in the following areas-- (1) restoration, and (2) processing techniques for the byproducts of restoration and value-added manufacturing. (c) Additional Requirements.--The Centers shall provide technical assistance in-- (1) using the latest, independent peer reviewed, scientific information and methodology to accomplish restoration and ecosystem health objectives, (2) workforce training for value-added manufacturing and restoration, (3) marketing and business support for conservation-based small enterprises and micro-enterprises, (4) accessing urban markets for small enterprises and micro-enterprises located in rural communities, (5) developing technology for restoration and the use of products resulting from restoration, (6) accessing funding from government and non-government sources, and (7) development of economic infrastructure including collaborative planning, proposal development, and grant writing where appropriate. (d) Locations.--The Secretaries shall ensure that-- (1) the Centers are located in the Forest Service regions with the highest percentage of forested land designated as condition class 3; and (2) each Center is easily accessible to rural communities that are adjacent to, or surrounded by, Federal lands in the region. (e) Process for Establishment.--(1) The Secretary concerned may enter into partnerships and cooperative agreements with other Federal agencies or other organizations, including local nonprofit organizations, conservation groups, or community colleges in creating and maintaining the Restoration and Value-Added Centers. (2) The appropriate Regional Forester and State Bureau of Land Management Director shall issue a request for proposals to create a Restoration and Value-Added Center. The Regional Forester and State Bureau of Land Management Director shall select a proposal with input from existing Resource and Technical Advisory Committees where appropriate. (f) Cost-Sharing.--(1) The Secretary concerned shall provide cost- share grants, cooperative agreements, or both equaling 75 percent of each Restoration and Value-Added Center's operating costs, including business planning, not to exceed $1,000,000 annually per Center. (2) After a Restoration and Value-Added Center has operated for five years, the Secretary concerned shall assess the Center's performance and begin to reduce, by 25 percent annually, the level of Federal funding for the center's operating costs. (g) Notice.--Within 30 days of approving a grant or cooperative agreement to establish a Restoration and Value-Added Center, the Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives and identify the recipient of the grant award or cooperative agreement. (h) Report.--No later than five years after the date of the enactment of this Act, the Secretary concerned shall submit a report to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives assessing the Restoration and Value-Added Centers. The report shall include-- (1) descriptions of the organizations receiving assistance from the Centers, including their geographic and demographic distribution; (2) a summary of the projects the technical assistance recipients implemented; and (3) an estimate of the number of non-profit organizations, small enterprises, micro-enterprises, or individuals assisted by the Restoration and Value-Added Centers. SEC. 7. TREATMENT OF RECEIPTS. Any moneys collected as a result of a hazardous fuels reduction project or other wildfire control effort funded in whole or in part using National Fire Plan funds or grant funds under section 4 shall be deposited in the general fund of the Treasury. Such receipts shall not be considered to be moneys received from the National Forest System or other Federal lands under any other provision of law.

Community Protection Against Wildfire Act of 2002 - Requires that at least 85 percent of the funds made available to implement the National Fire Plan go to hazardous fuels reduction projects and other wildfire control efforts on Federal lands in the wildland-urban interface (certain geographic areas conducive to wildfire that contain homes).Directs the Secretary of Agriculture to make grants to States and Indian tribes for various purposes, including: (1) the promotion of optimal firefighting efficiency; and (2) the expansion of outreach and education programs.Requires the Secretaries concerned (the Secretary of Agriculture, the Secretary of the Interior or appropriate Federal land managers) to promulgate regulations limiting the diameter of trees that may be removed as part of any wildfire control effort using Federal funds. Permits the Secretary concerned to grant an exception to such limitation for extraordinary circumstances.Allows the Secretary concerned to provide cost-share grants and cooperative agreements to establish Restoration and Value-Added Centers to augment community-based restoration projects on Federal lands. Prescribes that the Centers shall provide technical assistance to small enterprises or micro-enterprises in specified areas.Authorizes the Secretary concerned to enter into partnerships and cooperative agreements with specified groups in creating and maintaining the Centers. Requires the Secretary concerned to provide cost-share grants and/or cooperative agreements equaling 75 percent of each Center's operating costs, not to exceed $1,000,000 annually per Center.

To ensure that funds made available to implement the National Fire Plan on National Forest System lands and other public lands are used to reduce the threat of catastrophic wildfire in the wildland-urban interface, to support community and private land wildfire control efforts, to require that receipts generated from hazardous fuels reduction projects are returned to the Treasury, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reward Innovation in America Act of 2010''. SEC. 2. PRIZE COMPETITIONS. The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at the end the following: ``SEC. 24. PRIZE COMPETITIONS. ``(a) Definitions.--In this section: ``(1) Agency.--The term `agency' means a Federal agency. ``(2) Federal agency.--The term `Federal agency' has the meaning given under section 4, except that term shall not include any agency of the legislative branch of the Federal Government. ``(3) Head of an agency.--The term `head of an agency' means the head of a Federal agency. ``(b) In General.--Each head of an agency may carry out a program to award prizes competitively to stimulate innovation that has the potential to advance the mission of the respective agency. ``(c) Prizes.--For purposes of this section, a prize may be one or more of the following: ``(1) A point solution prize that rewards and spurs the development of solutions for a particular, well-defined problem. ``(2) An exposition prize that helps identify and promote a broad range of ideas and practices that may not otherwise attract attention, facilitating further development of the idea or practice by third parties. ``(3) Participation prizes that create value during and after the competition by encouraging contestants to change their behavior or develop new skills that may have beneficial effects during and after the competition. ``(4) Such other types of prizes as each head of an agency considers appropriate to stimulate innovation that has the potential to advance the mission of the respective agency. ``(d) Topics.--In selecting topics for prize competitions, the head of an agency shall consult widely both within and outside the Federal Government, and may empanel advisory committees. ``(e) Advertising.--The head of an agency shall widely advertise each prize competition to encourage broad participation. ``(f) Requirements and Registration.--For each prize competition, the head of an agency shall publish a notice in the Federal Register announcing-- ``(1) the subject of the competition; ``(2) the rules for being eligible to participate in the competition; ``(3) the process for participants to register for the competition; ``(4) the amount of the prize; and ``(5) the basis on which a winner will be selected. ``(g) Eligibility.--To be eligible to win a prize under this section, an individual or entity-- ``(1) shall have registered to participate in the competition under any rules promulgated by the head of an agency under subsection (f); ``(2) shall have complied with all the requirements under this section; ``(3) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen or permanent resident of the United States; and ``(4) may not be a Federal entity or Federal employee acting within the scope of their employment. ``(h) Consultation With Federal Employees.--An individual or entity shall not be deemed ineligible under subsection (g) because such individual or entity used Federal facilities or consulted with Federal employees during a competition if such facilities and employees are made available to all individuals and entities participating in the competition on an equitable basis. ``(i) Liability.-- ``(1) In general.-- ``(A) Definition.--In this paragraph, the term `related entity' means a contractor or subcontractor at any tier, and a supplier, user, customer, cooperating party, grantee, investigator, or detailee. ``(B) Liability.--Registered participants shall be required to agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from their participation in a competition, whether such injury, death, damage, or loss arises through negligence or otherwise. ``(2) Insurance.--Participants shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the head of an agency, for claims by-- ``(A) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a competition, with the Federal Government named as an additional insured under the registered participant's insurance policy and registered participants agreeing to indemnify the Federal Government against third-party claims for damages arising from or related to competition activities; and ``(B) the Federal Government for damage or loss to Government property resulting from such an activity. ``(3) Exception.--The head of an agency may not require a participant to waive claims against the administering entity arising out of the unauthorized use or disclosure by the agency of the intellectual property, trade secrets, or confidential business information of the participant. ``(j) Intellectual Property.-- ``(1) Prohibition on the government acquiring intellectual property rights.--The Federal Government may not gain an interest in intellectual property developed by a participant in a competition without the written consent of the participant. ``(2) Licenses.--The Federal Government may negotiate a license for the use of intellectual property developed by a participant for a competition. ``(k) Judges.-- ``(1) In general.--For each competition, the head of an agency, either directly or through an agreement under subsection (l), shall appoint one or more qualified judges to select the winner or winners of the prize competition on the basis described under subsection (f). Judges for each competition may include individuals from outside the agency, including from the private sector. ``(2) Restrictions.--A judge may not-- ``(A) have personal or financial interests in, or be an employee, officer, director, or agent of any entity that is a registered participant in a competition; or ``(B) have a familial or financial relationship with an individual who is a registered participant. ``(3) Guidelines.--The heads of agencies who carry out competitions under this section shall develop guidelines to ensure that the judges appointed for such competitions are fairly balanced and operate in a transparent manner. ``(4) Exemption from faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any committee, board, commission, panel, task force, or similar entity, created solely for the purpose of judging prize competitions under this section. ``(l) Administering the Competition.--The head of an agency may enter into an agreement with a private, nonprofit entity to administer a prize competition, subject to the provisions of this section. ``(m) Funding.-- ``(1) In general.--Support for a prize competition under this section, including financial support for the design and administration of a prize or funds for a monetary prize purse, may consist of Federal appropriated funds and funds provided by the private sector for such cash prizes. The head of an agency may accept funds from other Federal agencies to support such competitions. The head of an agency may not give any special consideration to any private sector entity in return for a donation. ``(2) Availability of funds.--Notwithstanding any other provision of law, funds appropriated for prize awards under this section shall remain available until expended, and may be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years after the fiscal year for which the funds were originally appropriated. No provision in this section permits obligation or payment of funds in violation of section 1341 of title 31, United States Code. ``(3) Amount of prize.-- ``(A) Announcement.--No prize may be announced under subsection (f) until all the funds needed to pay out the announced amount of the prize have been appropriated or committed in writing by a private source. ``(B) Increase in amount.--The head of an agency may increase the amount of a prize after an initial announcement is made under subsection (f) only if-- ``(i) notice of the increase is provided in the same manner as the initial notice of the prize; and ``(ii) the funds needed to pay out the announced amount of the increase have been appropriated or committed in writing by a private source. ``(4) Limitation on amount.-- ``(A) Notice to congress.--No prize competition under this section may offer a prize in an amount greater than $50,000,000 unless 30 days have elapsed after written notice has been transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives. ``(B) Approval of head of agency.--No prize competition under this section may result in the award of more than $1,000,000 in cash prizes without the approval of the head of an agency. ``(n) General Service Administration Assistance.--Not later than 180 days after the date of the enactment of this Act, the General Services Administration shall provide Government-wide services to share best practices and assist agencies in developing guidelines for issuing prize competitions. The General Services Administration shall develop a contract vehicle to provide agencies access to relevant products and services, including technical assistance in structuring and conducting prize competitions to take maximum benefit of the marketplace as they identify and pursue prize competitions to further the policy objectives of the Federal Government. ``(o) Compliance With Existing Law.--The Federal Government shall not, by virtue of offering or providing a prize under this section, be responsible for compliance by registered participants in a prize competition with Federal law, including licensing, export control, and nonproliferation laws, and related regulations. ``(p) Annual Report.-- ``(1) In general.--Not later than March 1 of each year, the Director of the Office of Science and Technology Policy shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives a report on the activities carried out during the preceding fiscal year under the authority in subsection (b). ``(2) Information included.--The report for a fiscal year under this subsection shall include, for each prize competition under subsection (b), the following: ``(A) Proposed goals.--A description of the proposed goals of each prize competition. ``(B) Preferable method.--An analysis of why the utilization of the authority in subsection (b) was the preferable method of achieving the goals described in subparagraph (A) as opposed to other authorities available to the agency, such as contracts, grants, and cooperative agreements. ``(C) Amount of cash prizes.--The total amount of cash prizes awarded for each prize competition, including a description of amount of private funds contributed to the program, the sources of such funds, and the manner in which the amounts of cash prizes awarded and claimed were allocated among the accounts of the agency for recording as obligations and expenditures. ``(D) Solicitations and evaluation of submissions.--The methods used for the solicitation and evaluation of submissions under each prize competition, together with an assessment of the effectiveness of such methods and lessons learned for future prize competitions. ``(E) Resources.--A description of the resources, including personnel and funding, used in the execution of each prize competition together with a detailed description of the activities for which such resources were used and an accounting of how funding for execution was allocated among the accounts of the agency for recording as obligations and expenditures. ``(F) Results.--A description of how each prize competition advanced the mission of the agency concerned.''.

Reward Innovation in America Act of 2010 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to authorize each head of a federal agency (other than a legislative agency) to carry out a program to award prizes competitively to stimulate innovation that has the potential to advance the agency's mission, including: (1) point solution prizes that reward and spur the development of solutions for a particular, well-defined problem; (2) exposition prizes that help identify and promote a broad range of ideas and practices that may not otherwise attract attention, facilitating further development of the idea or practice by third parties; and (3) participation prizes that create value by encouraging contestants to change their behavior or develop new skills that may have beneficial effects during and after the competition. Requires the agency head to: (1) widely advertise each competition to encourage broad participation; and (2) publish notices of competitions in the Federal Register. Prohibits the government from gaining an interest in intellectual property developed by a participant in a competition without the written consent of the participant, but authorizes the government to negotiate a license for the use of intellectual property developed by a participant. Authorizes: (1) an agency head to enter into an agreement with a private, nonprofit entity to administer competitions; and (2) support for a competition to consist of federal appropriated funds and funds provided by the private sector for cash prizes. Prohibits a prize from being announced until all funds needed to pay out the announced amount of the prize have been appropriated or committed in writing by a private source. Limits prize amounts. Requires: (1) the General Services Administration (GSA) to provide government-wide services to share best practices and assist agencies in developing guidelines for issuing competitions; and (2) the Director of the Office of Science and Technology Policy to submit annual reports on program activities.

A bill to amend the Stevenson-Wydler Technology Innovation Act of 1980 to provide for prize competitions to stimulate innovations that advance the missions of Federal agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Generation-Skipping Transfer Tax Amendments Act of 1999''. SEC. 2. DEEMED ALLOCATION OF GST EXEMPTION TO LIFETIME TRANSFERS TO TRUSTS; RETROACTIVE ALLOCATIONS. (a) In General.--Section 2632 of the Internal Revenue Code of 1986 (relating to special rules for allocation of GST exemption) is amended by redesignating subsection (c) as subsection (e) and by inserting after subsection (b) the following new subsections: ``(c) Deemed Allocation to Certain Lifetime Transfers to GST Trusts.-- ``(1) In general.--If any individual makes an indirect skip during such individual's lifetime, any unused portion of such individual's GST exemption shall be allocated to the property transferred to the extent necessary to make the inclusion ratio for such property zero. If the amount of the indirect skip exceeds such unused portion, the entire unused portion shall be allocated to the property transferred. ``(2) Unused portion.--For purposes of paragraph (1), the unused portion of an individual's GST exemption is that portion of such exemption which has not previously been-- ``(A) allocated by such individual, ``(B) treated as allocated under subsection (b) with respect to a direct skip occurring during or before the calendar year in which the indirect skip is made, or ``(C) treated as allocated under paragraph (1) with respect to a prior indirect skip. ``(3) Definitions.-- ``(A) Indirect skip.--For purposes of this subsection, the term `indirect skip' means any transfer of property subject to the tax imposed by chapter 12 made to a GST trust. ``(B) GST trust.--The term `GST trust' means a trust that could have a generation-skipping transfer with respect to the transferor unless-- ``(i) the trust instrument provides that more than 25 percent of the trust corpus must be distributed to or may be withdrawn by 1 or more individuals who are non-skip persons-- ``(I) before the date that the individual attains age 46, ``(II) on or before 1 or more dates specified in the trust instrument that will occur before the date that such individual attains age 46, or ``(III) upon the occurrence of an event that, in accordance with regulations prescribed by the Secretary, may reasonably be expected to occur before the date that such individual attains age 46; ``(ii) the trust instrument provides that more than 25 percent of the trust corpus must be distributed to or may be withdrawn by 1 or more individuals who are non-skip persons and who are living on the date of death of another person identified in the instrument (by name or by class) who is more than 10 years older than such individuals; ``(iii) the trust instrument provides that, if 1 or more individuals who are non-skip persons die on or before a date or event described in clause (i) or (ii), more than 25 percent of the trust corpus either must be distributed to the estate or estates of 1 or more of such individuals or is subject to a general power of appointment exercisable by 1 or more of such individuals; ``(iv) the trust is a trust any portion of which would be included in the gross estate of a non-skip person (other than the transferor) if such person died immediately after the transfer; ``(v) the trust is a charitable lead annuity trust (within the meaning of section 2642(e)(3)(A)) or a charitable remainder annuity trust or a charitable remainder unitrust (within the meaning of section 664(d)); or ``(vi) the trust is a trust with respect to which a deduction was allowed under section 2522 for the amount of an interest in the form of the right to receive annual payments of a fixed percentage of the net fair market value of the trust property (determined yearly) and which is required to pay principal to a non- skip person if such person is alive when the yearly payments for which the deduction was allowed terminate. For purposes of this subparagraph, the value of transferred property shall not be considered to be includible in the gross estate of a non-skip person or subject to a right of withdrawal by reason of such person holding a right to withdraw so much of such property as does not exceed the amount referred to in section 2503(b) with respect to any transferor, and it shall be assumed that powers of appointment held by non-skip persons will not be exercised. ``(4) Automatic allocations to certain gst trusts.--For purposes of this subsection, an indirect skip to which section 2642(f) applies shall be deemed to have been made only at the close of the estate tax inclusion period. The fair market value of such transfer shall be the fair market value of the trust property at the close of the estate tax inclusion period. ``(5) Applicability and effect.-- ``(A) In general.--An individual-- ``(i) may elect to have this subsection not apply to-- ``(I) an indirect skip, or ``(II) any or all transfers made by such individual to a particular trust, and ``(ii) may elect to treat any trust as a GST trust for purposes of this subsection with respect to any or all transfers made by such individual to such trust. ``(B) Elections.-- ``(i) Elections with respect to indirect skips.--An election under subparagraph (A)(i)(I) shall be deemed to be timely if filed on a timely filed gift tax return for the calendar year in which the transfer was made or deemed to have been made pursuant to paragraph (4) or on such later date or dates as may be prescribed by the Secretary. ``(ii) Other elections.--An election under clause (i)(II) or (ii) of subparagraph (A) may be made on a timely filed gift tax return for the calendar year for which the election is to become effective. ``(d) Retroactive Allocations.-- ``(1) In general.--If-- ``(A) a non-skip person has an interest or a future interest in a trust to which any transfer has been made, ``(B) such person-- ``(i) is a lineal descendant of a grandparent of the transferor or of a grandparent of the transferor's spouse or former spouse, and ``(ii) is assigned to a generation below the generation assignment of the transferor, and ``(C) such person predeceases the transferor, then the transferor may make an allocation of any of such transferor's unused GST exemption to any previous transfer or transfers to the trust on a chronological basis. ``(2) Special rules.--If the allocation under paragraph (1) by the transferor is made on a gift tax return filed on or before the date prescribed by section 6075(b) for gifts made within the calendar year within which the non-skip person's death occurred-- ``(A) the value of such transfer or transfers for purposes of section 2642(a) shall be determined as if such allocation had been made on a timely filed gift tax return for each calendar year within which each transfer was made, ``(B) such allocation shall be effective immediately before such death, and ``(C) the amount of the transferor's unused GST exemption available to be allocated shall be determined immediately before such death. ``(3) Future interest.--For purposes of this subsection, a person has a future interest in a trust if the trust may permit income or corpus to be paid to such person on a date or dates in the future.''. (b) Conforming Amendment.--Paragraph (2) of section 2632(b) of such Code is amended by striking ``with respect to a direct skip'' and inserting ``or subsection (c)(1)''. (c) Effective Dates.-- (1) Deemed allocation.--Section 2632(c) of the Internal Revenue Code of 1986 (as added by subsection (a)), and the amendment made by subsection (b), shall apply to transfers subject to chapter 11 or 12 of such Code made after December 31, 1999, and to estate tax inclusion periods ending after December 31, 1999. (2) Retroactive allocations.--Section 2632(d) of the Internal Revenue Code of 1986 (as added by subsection (a)) shall apply to deaths of non-skip persons occurring after the date of the enactment of this Act. SEC. 3. SEVERING OF TRUSTS. (a) In General.--Subsection (a) of section 2642 of the Internal Revenue Code of 1986 (relating to inclusion ratio) is amended by adding at the end the following new paragraph: ``(3) Severing of trusts.-- ``(A) In general.--If a trust is severed in a qualified severance, the trusts resulting from such severance shall be treated as separate trusts thereafter for purposes of this chapter. ``(B) Qualified severance.--For purposes of subparagraph (A)-- ``(i) In general.--The term `qualified severance' means the division of a single trust and the creation (by any means available under the governing instrument or under local law) of 2 or more trusts if-- ``(I) the single trust was divided on a fractional basis, and ``(II) the terms of the new trusts, in the aggregate, provide for the same succession of interests of beneficiaries as are provided in the original trust. ``(ii) Trusts with inclusion ratio greater than zero.--If a trust has an inclusion ratio of greater than zero and less than 1, a severance is a qualified severance only if the single trust is divided into 2 trusts, one of which receives a fractional share of the total value of all trust assets equal to the applicable fraction of the single trust immediately before the severance. In such case, the trust receiving such fractional share shall have an inclusion ratio of zero and the other trust shall have an inclusion ratio of 1. ``(iii) Regulations.--The term `qualified severance' includes any other severance permitted under regulations prescribed by the Secretary. ``(C) Timing and manner of severances.--A severance pursuant to this paragraph may be made at any time. The Secretary shall prescribe by forms or regulations the manner in which the qualified severance shall be reported to the Secretary.''. (b) Effective Date.--The amendment made by this section shall apply to severances after the date of the enactment of this Act. SEC. 4. MODIFICATION OF CERTAIN VALUATION RULES. (a) Gifts for Which Gift Tax Return Filed or Deemed Allocation Made.--Paragraph (1) of section 2642(b) of the Internal Revenue Code of 1986 (relating to valuation rules, etc.) is amended to read as follows: ``(1) Gifts for which gift tax return filed or deemed allocation made.--If the allocation of the GST exemption to any transfers of property is made on a gift tax return filed on or before the date prescribed by section 6075(b) for such transfer or is deemed to be made under section 2632 (b)(1) or (c)(1)-- ``(A) the value of such property for purposes of subsection (a) shall be its value as finally determined for purposes of chapter 12 (within the meaning of section 2001(f)(2)), or, in the case of an allocation deemed to have been made at the close of an estate tax inclusion period, its value at the time of the close of the estate tax inclusion period, and ``(B) such allocation shall be effective on and after the date of such transfer, or, in the case of an allocation deemed to have been made at the close of an estate tax inclusion period, on and after the close of such estate tax inclusion period.''. (b) Transfers at Death.--Subparagraph (A) of section 2642(b)(2) of such Code is amended to read as follows: ``(A) Transfers at death.--If property is transferred as a result of the death of the transferor, the value of such property for purposes of subsection (a) shall be its value as finally determined for purposes of chapter 11; except that, if the requirements prescribed by the Secretary respecting allocation of post-death changes in value are not met, the value of such property shall be determined as of the time of the distribution concerned.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by section 1431 of the Tax Reform Act of 1986. SEC. 5. RELIEF PROVISIONS. (a) In General.--Section 2642 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Relief Provisions.-- ``(1) Relief for late elections.-- ``(A) In general.--The Secretary shall by regulation prescribe such circumstances and procedures under which extensions of time will be granted to make-- ``(i) an allocation of GST exemption described in paragraph (1) or (2) of subsection (b), and ``(ii) an election under subsection (b)(3) or (c)(5) of section 2632. Such regulations shall include procedures for requesting comparable relief with respect to transfers made before the date of enactment of this paragraph. ``(B) Basis for determinations.--In determining whether to grant relief under this paragraph, the Secretary shall take into account all relevant circumstances, including evidence of intent contained in the trust instrument or instrument of transfer and such other factors as the Secretary deems relevant. For purposes of determining whether to grant relief under this paragraph, the time for making the allocation (or election) shall be treated as if not expressly prescribed by statute. ``(2) Substantial compliance.--An allocation of GST exemption under section 2632 that demonstrates an intent to have a zero inclusion ratio with respect to a transfer or a trust shall be deemed to be an allocation of so much of the transferor's unused GST exemption as produces, to the extent possible, a zero inclusion ratio. In determining whether there has been substantial compliance, all relevant circumstances shall be taken into account, including evidence of intent contained in the trust instrument or instrument of transfer and such other factors as the Secretary deems relevant.''. (b) Effective Dates.-- (1) Relief for late elections.--Section 2642(g)(1) of the Internal Revenue Code of 1986 (as added by subsection (a)) shall apply to requests pending on, or filed after, the date of the enactment of this Act. (2) Substantial compliance.--Section 2642(g)(2) of such Code (as so added) shall take effect on the date of the enactment of this Act and shall apply to allocations made prior to such date for purposes of determining the tax consequences of generation-skipping transfers with respect to which the period of time for filing claims for refund has not expired. No negative implication is intended with respect to the availability of relief for late elections or the application of a rule of substantial compliance prior to the enactment of this amendment.

Requires the trusts resulting from a qualified severance to be treated as separate trusts. Revises valuation rules concerning gifts for which a gift tax return was filed or a deemed allocation was made. Requires regulations permitting the granting of extensions of time to make an allocation of a GST exemption.

Generation-Skipping Transfer Tax Amendments Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tinnitus Research for Military Health Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Tinnitus, or the perception of sound where no external source of such sound exists, is the most prevalent disabling condition that affects members of the Armed Forces, most notably those members who have been exposed to blast injuries during combat, or other high noise level situations. (2) Tinnitus is the leading service-connected disability for returning members of the Armed Forces and the prevalence of tinnitus is continuing to increase at alarming rates. (3) An otologic, or ear, injury such as tinnitus has been shown to decrease performance and situational awareness during combat, seriously compromising the ability of a member of the Armed Forces to hear and execute commands properly, thereby jeopardizing not only the affected member but other members as well. (4) While certain types of sensory impairment in combat or other military activities may be readily apparent, otologic injuries such as tinnitus may not be easily noticeable, which necessitates the need for more rigorous screening for tinnitus before and after deployment, and for additional research to distinguish tinnitus from other forms of brain injury incurred during combat. (5) Medical evidence to date suggests a demonstrated link between tinnitus and post-traumatic stress disorder and traumatic brain injury, such that improved understanding of treatment of tinnitus may also directly advance research efforts to address post-traumatic stress disorder and traumatic brain injury. (6) Improving the treatment and prevention of tinnitus will benefit all members of the Armed Forces who are increasingly at risk of injury from high-decibel equipment or explosive devices. SEC. 3. CENTER OF EXCELLENCE FOR THE STUDY OF TINNITUS. (a) Establishment.-- (1) In general.--The Secretary of Defense shall establish one or more Centers of Excellence (in this section referred to as a ``center'') for the study of tinnitus. (2) Location.--The Secretary shall establish a center at a military installation in the United States where members of the Armed Forces perform activities involving high rates of sound, including artillery instruction and other basic combat training related activities. (b) Responsibilities.--A center shall have the responsibilities as follows: (1) To study and enhance existing treatment modalities for members of the Armed Forces with tinnitus, including diagnosed cases of recurrent, chronic, or severe tinnitus. (2) To conduct basic and clinical research to prevent, treat, and cure tinnitus, including studies on the neurological changes in the brain associated with tinnitus. (3) To coordinate research activities with the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury in order to establish a tinnitus data registry for members of the Armed Forces affected with tinnitus and other neurological conditions that will enhance scientific progress toward improvements in treatment for tinnitus and associated neurological combat related conditions. (c) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to Congress a report on the activities of the center. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2011 through 2016. SEC. 4. AURAL SCREENINGS FOR MEMBERS OF THE ARMED FORCES. (a) In General.--Paragraph (2) of section 1074f(b) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(D) An aural screening, including an assessment of tinnitus.''. (b) Effective Date.--Section 1074f(b)(2) of title 10, United States Code, as added by subsection (a) of this section, shall apply to members of the Armed Forces who are deployed or return from deployment on or after the date that is 30 days after the date of the enactment of this Act. SEC. 5. GRANT PROGRAM TO ENCOURAGE TINNITUS RESEARCH. (a) In General.--Subject to the availability of appropriations provided for such purpose, the Secretary of Defense shall establish a program to award grants to institutions to assist such institutions in conducting research on recurrent, chronic, or severe tinnitus and peripheral neurological conditions, including research related to neurology, pharmacology, audiology, otolaryngology, and other disciplines that the Secretary determines appropriate according to newly discovered evidence-based findings. (b) Eligibility.-- (1) Teaching program.--An institution eligible to receive a grant under this section is-- (A) a hospital with a teaching program described in section 1861(b)(6) of the Social Security Act (42 U.S.C. 1395x); or (B) an educational institution with demonstrated expertise in tinnitus research. (2) Application.--To be eligible to receive a grant under this section, an institution shall submit an application to the Secretary of Defense at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall ensure that such applications are peer-reviewed by multidisciplinary tinnitus experts from both the public and private sector. (c) Grant Amount.--An institution awarded a grant under this section may not receive more than $2,500,000 per fiscal year under this section. (d) Reports.--Not later than December 31 of each year a grant may be awarded under this section, the Secretary of Defense shall submit to Congress a report on the grant program, including a summary of the research related to tinnitus conducted by each grant recipient. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2011 through 2016. SEC. 6. IMPROVING AURAL PROTECTION FOR MEMBERS OF THE ARMED FORCES. (a) In General.--The Secretary of Defense shall examine methods to improve the aural protection for members of the Armed Forces in combat. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the methods to improve aural protection examined under subsection (a). SEC. 7. EXECUTIVE AGENT FOR TINNITUS. (a) Executive Agent.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense to act as the executive agent for tinnitus. (b) Roles, Responsibilities, and Authorities.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and in accordance with Directive 5101.1, the Secretary of Defense shall prescribe the roles, responsibilities, and authorities of the executive agent designated under subsection (a). (2) Specification.--The roles and responsibilities of the executive agent designated under subsection (a) shall include coordinating common functions related to tinnitus among the military departments. (c) Support.--In accordance with Directive 5101.1, the Secretary of Defense shall ensure that the military departments, Defense Agencies, and other components of the Department of Defense provide the executive agent designated under subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agent. (d) Definitions.--In this section: (1) The term ``Directive 5101.1'' means Department of Defense Directive 5101.1, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense. (2) The term ``executive agent'' has the meaning given the term ``DoD Executive Agent'' in Directive 5101.1.

Tinnitus Research for Military Health Improvement Act - Directs the Secretary of Defense (DOD) to establish one or more centers of excellence for the study of tinnitus. Requires such centers to be established at military installations where members of the Armed Forces perform activities involving high rates of sound, including artillery instruction. Outlines center activities, including researching and enhancing treatments for members with tinnitus. Requires the inclusion, within a current medical tracking system for members deployed overseas, of an aural screening which shall include an assessment of tinnitus. Directs the Secretary to establish a grant program to assist eligible institutions in conducting research on recurrent, chronic, or severe tinnitus and peripheral neurological conditions. Makes eligible for such grants: (1) a hospital with an approved teaching program as defined under the Social Security Act; or (2) an educational institution with demonstrated expertise in tinnitus research. Requires the Secretary to designate a senior DOD official to act as the executive agent for tinnitus.

To direct the Secretary of Defense to establish a center of excellence for the study of tinnitus, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevention and Deterrence of Crimes Against Children Act of 2008''. SEC. 2. INCREASED PENALTIES FOR CHILD PORNOGRAPHY OFFENSES. (a) In General.--Section 2251(e) of title 18, United States Code, is amended-- (1) by striking ``15 years nor more than 30 years'' and inserting ``20 years or for life''; and (2) by striking ``not less than 25 years nor more than 50 years,'' and all that follows through ``not less than 35 years nor more than''. (b) Other Offenses.--Sections 2252(b) and 2252A(b) of title 18, United States Code, are each amended-- (1) in paragraph (1)-- (A) by striking ``5 years and not more than 20 years'' and inserting ``15 years or for life''; and (B) by striking ``not less than 15 years nor more than 40 years.'' and inserting ``life.''; and (2) in paragraph (2)-- (A) by striking ``or imprisoned not more than 10 years, or both'' and inserting ``and imprisoned for not less than 3 years nor more than 20 years''; (B) by inserting ``section 1591,'' after ``this chapter,''; and (C) by striking ``10 years nor more than 20 years.'' and inserting ``20 years or for life.''. (c) Domain Names.--Section 2252B(b) of title 18, United States Code, is amended by striking ``10 years'' and inserting ``20 years''. (d) Transportation of Minors.--Section 2423(f) of title 18, United States Code, is amended-- (1) by striking ``means (1) a'' and inserting the following: ``means-- ``(1) a''; (2) by striking ``; or (2) any'' and inserting the following: ``; ``(2) any''; (3) by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(3) production of child pornography, as that term is defined in section 2256(8).''. SEC. 3. INCREASED PENALTIES FOR CHILD SEX TRAFFICKING AND CHILD PROSTITUTION OFFENSES. (a) In General.--Section 1591(b) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``not less than 15'' and inserting ``not less than 30''; and (2) in paragraph (2), by striking ``not less than 10'' and inserting ``not less than 15''. (b) Coercion.--Section 2422 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``20 years'' and inserting ``30 years''; and (2) in subsection (b), by striking ``10 years'' and inserting ``15 years''. (c) Transportation of Minors.--Section 2423 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``10 years'' and inserting ``15 years''; (2) in subsections (b) and (c), by striking ``or imprisoned not more than 30 years, or both.'' and inserting ``and imprisoned for not less than 10 years (unless the offense is based only on conduct that would be in violation of sections 2243 or 2244) nor more than 30 years.''; and (3) in subsection (d), by striking ``, imprisoned not more than 30 years, or both'' and inserting ``and imprisoned for not less than 10 years nor more than 30 years''. (d) General Provisions.--Section 1594(a) of title 18, United States Code, is amended by inserting ``or conspires'' after ``attempts''. (e) Release and Detention.--Section 3156(a)(4)(C) of title 18, United States Code, is amended by inserting ``, or section 1591'' after ``117''. (f) Subpoenas.--Section 3486(a)(1)(D) of title 18, United States Code, is amended by inserting ``1591,'' after ``1201,''. SEC. 4. INCREASED PENALTIES FOR CHILD SEX OFFENSES RESULTING IN DEATH, REPEATED CHILD SEX CRIMES, AND FORCIBLE RAPE. (a) In General.--Section 2245 of title 18, United States Code, is amended by adding at the end the following: ``(b) Offenses Involving Children.--A person who, in the course of an offense under this chapter, chapter 110, chapter 117, or section 1591 engages in conduct that results in the death of a person who has not attained the age of 18 years, shall be punished by death or imprisoned for not less than 30 years or for life.''. (b) Classification of Offenses.--Section 3559(e)(2)(A) of title 18, United States Code, is amended by striking ``2423(a)'' and inserting ``2423''. (c) Repeat Offenders.--Section 2426(b)(1)(A) of title 18, United States Code, is amended-- (1) by striking ``or'' the first place it appears; and (2) by inserting before the semicolon ``, or section 1591''. (d) Sexual Abuse.--Section 2241 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``, imprisoned for any term of years or life, or both'' and inserting ``and imprisoned for any term of years not less than 10 or for life''; and (2) in subsection (b), by striking ``, imprisoned for any term of years or life, or both'' and inserting ``and imprisoned for any term of years not less than 5 or for life''. SEC. 5. SEX TOURISM AND REMOVAL OF SEX OFFENDERS. (a) In General.--The Attorney General shall notify-- (1) the Secretary of State in a timely manner regarding any conviction of an individual of a violation of section 2423 of title 18, United States Code, for appropriate action under subsection (b) of this section; and (2) the Secretary of Homeland Security in a timely manner regarding any conviction of an alien of a sex offense for appropriate action under subsection (c) of this section. (b) Authority To Restrict Passport.--The Secretary of State-- (1) shall refuse to issue a passport to an individual if the Secretary receives a notice under subsection (a) that such individual was convicted of a violation of section 2423 of title 18, United States Code; and (2) may revoke, restrict, or limit a passport issued to an individual convicted of a violation of section 2423 of title 18, United States Code, if the passport was used in furtherance of that violation. (c) Removal of Aliens.--The Secretary of Homeland Security shall place an alien convicted of a sex offense in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). (d) Grounds of Inadmissibility and Removability.-- (1) In general.--Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: ``(J) Sexual abuse of a minor.-- ``(i) In general.--An alien who is convicted of sexual abuse of a minor is inadmissible. ``(ii) Sex offenses.--For purposes of this subparagraph, an alien who has been convicted of a sex offense (as that term is defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911)) shall be considered to have been convicted of sexual abuse of a minor. An alien convicted of a sex offense shall be ineligible for any discretionary relief under this Act.''. (2) Deportable aliens.--Section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)(iii)) is amended by adding at the end the following ``For purposes of this clause, an alien who has been convicted of a sex offense (as that term is defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911)) shall be considered to have been convicted of sexual abuse of a minor.''. (e) Definition of Sex Offense.--In this section, the term ``sex offense'' has the meaning given that term in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911).

Prevention and Deterrence of Crimes Against Children Act of 2008 - Amends the federal criminal code to increase criminal penalties for offenses relating to the sexual exploitation of children and child pornography, transportation of minors for illicit sexual purposes, child sex trafficking and prostitution, and sex crimes against children resulting in death. Directs the Attorney General to notify the Secretaries of State and Homeland Security of individuals, including aliens, who are convicted of sex offenses against children. Requires the Secretary of State to deny passports for such individuals and authorizes the Secretary to revoke, restrict, or limit a passport issued to a convicted sex offender if the passport was used in furtherance of sex crimes involving a minor. Requires the Secretary of Homeland Security to place aliens convicted of sex offenses in removal proceedings. Amends the Immigration and Nationality Act to: (1) render aliens who are convicted of sexual abuse of a minor inadmissible to the United States; and (2) subject aliens convicted of a sex crime against a minor to deportation.

A bill to amend title 18, United States Code, to strengthen penalties for child pornography offenses, child sex trafficking offenses, and other sexual offenses committed against children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Contracting Ethics Oversight Act of 2007''. SEC. 2. ETHICS COMPLIANCE BY DEPARTMENT OF DEFENSE CONTRACTORS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations a requirement that a contracting officer of the Department of Defense may not determine a contractor to be responsible for purposes of the award of a covered contract for the Department unless the entity to be awarded the contract has in place, by the deadline specified in subsection (c), an internal ethics compliance program, including a code of ethics and internal controls, to facilitate the timely detection and disclosure of improper conduct in connection with the award or performance of the covered contract and to ensure that appropriate corrective action is taken with respect to such conduct. (b) Elements of Ethics Compliance Program.--Each ethics compliance program required of a contractor under subsection (a) shall include the following: (1) Requirements for periodic reviews of the performance of the covered contract to ensure compliance of contractor personnel with applicable Government contracting requirements, including laws, regulations, and contractual requirements. (2) Internal reporting mechanisms, such as a hot-line, for contractor personnel to report suspected improper conduct among contractor personnel. (3) Audits of the performance of the covered contract. (4) Mechanisms for disciplinary actions against contractor personnel found to have engaged in improper conduct, including the exclusion of such personnel from the exercise of substantial authority. (5) Mechanisms for the reporting to appropriate Government officials, including the contracting officer and the Office of the Inspector General of the Department of Defense, of suspected improper conduct among contractor personnel, including suspected conduct involving corruption of a Government official or individual acting on behalf of the Government, not later than 30 days after the date of discovery of such suspected conduct. (6) Mechanisms to ensure full cooperation with Government officials responsible for investigating suspected improper conduct among contractor personnel and for taking corrective actions. (7) Mechanisms to ensure the recurring provision of training to contractor personnel on the requirements and mechanisms of the ethics compliance program. (8) Mechanisms to ensure the oversight of the ethics compliance program by contractor personnel with substantial authority within the contractor. (c) Deadline for Program.--The deadline specified in this subsection for a contractor having in place an ethics compliance program required under subsection (a) for purposes of a covered contract is 30 days after the date of the award of the contract. (d) Determination of Existence of Program.--In determining whether a contractor has in place an ethics compliance program required under subsection (a), a contracting officer of the Department may use the assistance of the Office of the Inspector General of the Department of Defense. (e) Suspension or Debarment.--The regulations prescribed under subsection (a) shall provide that any contractor under a covered contract whose personnel are determined not to have reported suspected improper conduct in accordance with the requirements and mechanisms of the ethics compliance program concerned may, at the election of the Secretary of Defense, be suspended from the contract or debarred from further contracting with the Department of Defense. (f) Covered Contract Defined.--In this section, the term ``covered contract'' means any contract to be awarded to a contractor of the Department of Defense if, in the year before the contract is to be awarded, the total amount of contracts of the contractor with the Federal Government exceeded $5,000,000. SEC. 3. REPORT TO CONGRESS ON PERSONAL FINANCIAL CONFLICTS OF INTEREST. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, after consultation with the Director of the Office of Government Ethics, shall submit to Congress a report that contains-- (1) a description of current Federal laws, regulations, and practices relating to restrictions on personal financial interests applicable to Federal employees and non-Federal employees; and (2) the Administrator's findings and any recommendations for establishing a requirement for compliance with restrictions relating to personal financial interests such as those that apply to Federal employees by-- (A) those employees of a covered Government contractor who are specifically retained for and engage in providing advice to one or more Federal agencies; and (B) employees of federally funded research and development centers. (b) Definitions.--In this section: (1) Covered government contractor.--The term ``covered Government contractor'' means any entity (other than a Federal agency) awarded a contract by a Federal agency under which one or more individuals hired by the entity perform an acquisition planning function that is closely associated with the responsibilities of a Federal employee. For purposes of the preceding sentence, the term ``acquisition planning function'' means the function of providing advice to a Federal agency on acquisition planning with respect to a particular acquisition or acquisitions. (2) Federal employee.--The term ``Federal employee'' means an employee of a Federal agency. (3) Federal agency.--The term ``Federal agency'' means any of the following: (A) any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation. (B) any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the Architect's direction). (4) Federally funded research and development center.--The term ``federally funded research and development center'' means a federally funded research and development center identified by the National Science Foundation in accordance with the Federal Acquisition Regulation.

Defense Contracting Ethics Oversight Act of 2007 - Directs the Secretary of Defense to prescribe in regulations a requirement that a Department of Defense (DOD) contracting officer may not determine a contractor to be responsible for the award of a covered contract for DOD (one in excess of $5 million) unless the contracting entity has in place, within 30 days after contract award, an internal ethics compliance program to facilitate the timely detection and disclosure of improper conduct in connection with the award or performance of the contract, and to ensure that appropriate corrective action is taken with respect to such conduct. Allows for the suspension or debarment of contractors determined not to have reported suspected improper conduct. Requires a report from the Administrator of Federal Procurement Policy to Congress on personal financial conflicts of interests of contractor employees and employees of federally funded research and development centers.

To require internal ethics compliance programs by Department of Defense contractors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senator Paul Simon Study Abroad Program Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) To prepare students for success in the modern global economy, opportunities for study abroad should be included as part of a well-rounded education. (2) Study abroad programs provide students with unparalleled access to international knowledge, an unmatched opportunity to learn foreign languages, and a unique environment for developing cultural understanding, all of which are knowledge and skills needed in today's global economy. (3) Less than 2 percent of all enrolled postsecondary students in the United States study abroad for credit in any given year, and minority students, first generation college students, and community college students are significantly underrepresented in study abroad participation. (4) Congress authorized the establishment of the Commission on the Abraham Lincoln Study Abroad Fellowship Program pursuant to section 104 of the Miscellaneous Appropriations and Offsets Act, 2004 (division H of Public Law 108-199). Pursuant to its mandate, the Lincoln Commission submitted to Congress and the President a report of its recommendations for greatly expanding the opportunity for students at institutions of higher education in the United States to study abroad, with special emphasis on studying in developing nations. (5) According to the Lincoln Commission, ``[e]xperience shows that leadership from administrators and faculty will drive the number of study abroad participants higher and improve the quality of programs. Such leadership is the only way that study abroad will become an integral part of the undergraduate experience.''. A competitive grant program is necessary to encourage and support such leadership. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to ensure that significantly more students have access to quality study abroad opportunities; (2) to ensure that the diversity of students studying abroad reflects the diversity of students and institutions of higher education in the United States; (3) to encourage greater diversity in study abroad destinations by increasing the portion of study abroad that takes place in nontraditional study abroad destinations, especially in developing countries; and (4) to encourage a greater commitment by institutions of higher education to expand study abroad opportunities. SEC. 4. SENATOR PAUL SIMON STUDY ABROAD PROGRAM. Section 741 of the Higher Education Act of 1965 (20 U.S.C. 1138) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (12) and (13) as paragraphs (13) and (14), respectively; and (B) by inserting after paragraph (11) the following: ``(12) awarding grants under the Senator Paul Simon Study Abroad Program described in subsection (g);''; and (2) by adding at the end the following: ``(g) Senator Paul Simon Study Abroad Program.-- ``(1) Definitions.--In this subsection: ``(A) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101(a). ``(B) National of the united states.--The term `national of the United States' means a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). ``(C) Nontraditional study abroad destination.--The term `nontraditional study abroad destination' means a location that is determined by the Secretary to be a less common destination for students who study abroad. ``(D) Student.--The term `student' means a national of the United States who is enrolled at an institution of higher education located within the United States. ``(E) Study abroad.--The term `study abroad' means an educational program of study, work, research, internship, or combination thereof that is conducted outside the United States and that carries academic credit. ``(2) Senator paul simon study abroad program.-- ``(A) Establishment.--There is established in the Department a program to be called the `Senator Paul Simon Study Abroad Program'. ``(B) Objectives.--The objectives of the program established under subparagraph (A) are, that not later than 10 years after the date of enactment of the Senator Paul Simon Study Abroad Program Act of 2016-- ``(i) not less than 1,000,000 undergraduate students will study abroad annually; ``(ii) the demographics of study abroad participation will reflect the demographics of the United States undergraduate population; and ``(iii) an increasing portion of study abroad will take place in nontraditional study abroad destinations, with a substantial portion of such increases in developing countries. ``(C) Competitive grants to institutions of higher education.--In order to accomplish the objectives set forth in subparagraph (B), the Secretary shall award grants on a competitive basis to institutions of higher education, individually or in a consortium, based on applications by the institutions that-- ``(i) set forth detailed plans for using grant funds to further such objectives; ``(ii) include an institutional commitment to expanding access to study abroad; ``(iii) include plans for evaluating progress made in increasing access to study abroad; ``(iv) describe how increases in study abroad participation achieved through the grant will be sustained in subsequent years; and ``(v) demonstrate that the programs have established health and safety guidelines and procedures. ``(D) Nongovernmental institutions.--Consortia of institutions of higher education applying for grants described in subparagraph (C) may include nongovernmental institutions that provide and promote study abroad opportunities for students. ``(E) Commission on the abraham lincoln study abroad fellowship program.--In administering the program, the Secretary shall take fully into account the recommendations of the Commission on the Abraham Lincoln Study Abroad Fellowship Program, established pursuant to section 104 of the Miscellaneous Appropriations and Offsets Act, 2004 (division H of Public Law 108-199). ``(F) Consultation.--In carrying out this paragraph, the Secretary shall consult with representatives of diverse institutions of higher education, educational policy organizations, and others with appropriate expertise. ``(3) Annual report.--Not later than December 31 of each year following the date of enactment of the Senator Paul Simon Study Abroad Program Act of 2016, the Secretary shall submit 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 a report on the implementation of this subsection during the prior fiscal year. ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2017 and each subsequent fiscal year.''.

Senator Paul Simon Study Abroad Program Act of 2016 This bill authorizes the Department of Education to award grants to institutions of higher education under the Senator Paul Simon Study Abroad Program for encouraging: (1) undergraduate students to study abroad, (2) greater diversity of students studying abroad, and (3) greater diversity in study abroad destinations.

Senator Paul Simon Study Abroad Program Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Day Factor Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the National Center for Education Statistics the length of the average school year steadily increased from 144 to 178 days between 1869 and 1949. In 2008, the average number of school days per year remains at 178.5. (2) In 1983, a recommendation in the Nation at Risk report was to increase students' instructional time by lengthening the school day or the school year, as a means to strengthen our Nation's grip on global competitiveness. Since then, no systematic school day or school year increase has occurred. (3) In 2008, 42 States mandate a school year of 180 or fewer days per year, or the equivalent thereof. Across States, the number of school days per year ranges from 173 to 182. (4) Researchers have demonstrated that-- (A) when class material is covered in a streamlined, shortened unit, students' conceptual mastery of the content suffers; and (B) significant learning requires investment of time. (5) Research has demonstrated that all students are at risk for losing educational gains during extended summer breaks in the typical school calendar, particularly children from low income households. The continued lack of out-of-school learning opportunities contributes to a growing achievement gap. Even more so than achievement gaps present at kindergarten, differences in out-of-school learning opportunities experienced by economically advantaged versus disadvantaged youth contribute to the cumulative achievement difference registered by 9th grade, which affects high school placements, high school exit, and postsecondary school attendance. (6) Since 1991, over 300 expanded learning initiatives have occurred, across 30 States, aimed primarily at schools with high-poverty and high-minority student populations. Outcomes of these initiatives include enhanced student achievement, lower student and teacher absenteeism, and satisfaction of parents, teachers, and students. (7) Research demonstrates that the increased school time is beneficial not only for students, but also for teachers. Teachers gain planning time, more opportunities for cooperative planning, professional development opportunities, and additional time to individualize instruction. Teacher employment increases from part-year to up to full year, depending on the calendar conversion adopted. (8) Regarding the costs of expanded learning initiatives, the cost per hour of instruction decreases with the addition of more learning time. SEC. 3. PURPOSES. The purposes of this Act are to ensure that all children have sufficient time to achieve in school, that all children have access to a high quality and well-rounded education, and that teachers have sufficient time to deliver quality instruction. Such purposes can be achieved by-- (1) encouraging States to expand the minimum number of days in their school year, to 200 full days, by 2014, without reducing the length of the school day; (2) modifying the allocations under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) regarding basic, concentration, targeted, and education finance incentive grants, so that each of the formulas used to determine allocations includes a factor that reflects all of the following: (A) the minimum number of school days in the State- mandated school year length; (B) the most recent increase in the number of school days in the State-mandated academic year; and (C) whether the number of school days in an academic year meets, exceeds, or falls short of the base level school year length described in the amendment made by this Act; and (3) encouraging States to increase the length of the school day. SEC. 4. SCHOOL DAY FACTOR. (a) Amendment.--Subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) is amended by adding at the end the following: ``SEC. 1128. SCHOOL DAY FACTOR. ``(a) Definitions.--In this section: ``(1) Academic year.--The term `academic year' means the period of time beginning with the first day of a school year and ending on the last day of a school year, which typically begins in the late summer and ends in the early summer. ``(2) Base level school year length.--The term `base level school year length' means-- ``(A) 180 school days for the 2009-2010 academic year; ``(B) 185 school days for the 2010-2011 academic year; ``(C) 190 school days for the 2011-2012 academic year; ``(D) 195 school days for the 2012-2013 academic year; and ``(E) 200 school days for the 2013-2014 academic year and for each succeeding academic year. ``(3) Instructional hours.--The term `instructional hours' means the number of hours within the school day that are directly devoted to student learning in core academic subjects. ``(4) School day.-- ``(A) In general.--The term `school day' means a day for which attendance is mandatory for all students attending an elementary school or secondary school in a State, and in which a minimum of 5\1/2\ instructional hours are delivered to students. ``(B) Partial days.--Two days for which attendance is mandatory for all students attending an elementary school or secondary school in a State and in which less than 5\1/2\ instructional hours per day are delivered to students may be deemed to be 1 school day for purposes of this section, if the total instructional time for the 2 partial days meets or exceeds 5\1/2\ instructional hours. ``(5) State-mandated school year length.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), the term `State-mandated school year length' means the minimum number of school days an elementary school or secondary school student is required by the State to attend school in an academic year. In calculating the State-mandated school year length, days that the State permits to be waived due to teacher professional development, weather, or other reasons shall not be counted. ``(B) States that mandate minimum number of instructional hours.--In the case of a State that does not mandate a minimum number of school days for an academic year and does mandate a minimum number of instructional hours per academic year, the State- mandated school year length for such State shall be the quotient of-- ``(i) the minimum number of mandated instructional hours per academic year, excluding hours that may be waived due to teacher professional development, weather, or other reasons; divided by ``(ii) the greater of-- ``(I) the average number of instructional hours per school day in the State's public elementary schools and secondary schools; or ``(II) 6\1/2\ hours. ``(C) States that do not mandate minimum number of days or hours.--In the case of a State that does not mandate a minimum number of school days or a minimum number of instructional hours per academic year, the State-mandated school year length for such State shall be the average number of school days that elementary school or secondary school students in the State attended school during-- ``(i) the preceding school year; or ``(ii) in the case where the preceding school year was significantly shorter due to a natural disaster during such school year, the school year that is preceding the preceding school year. ``(b) School Day Factor.-- ``(1) Adjustments authorized.-- ``(A) In general.--Notwithstanding any other provision of this part, the amount of a grant that a State or local educational agency is eligible to receive under section 1124(a), 1124A(a), 1125(b), or 1125A(b) shall be adjusted by multiplying such amount by the school day factor described in paragraph (2) that is applicable to such State or local educational agency, respectively, for such academic year. ``(B) Timing of adjustment.--The Secretary shall make the adjustment described in subparagraph (A) to the amount of a grant that a State or local educational agency is eligible to receive under section 1124, 1124A, 1125, or 1125A before applying any hold-harmless requirement, minimum grant amount requirement, or ratable reduction requirement under this part. ``(2) School day factor.-- ``(A) In general.--The school day factor referred to in paragraph (1) that is applicable to each State and local educational agency in the State for an academic year is a percentage calculated as the sum of the following: ``(i) \2/3\ of such percentage shall be equal to-- ``(I) the result of-- ``(aa) the State-mandated school year length for the academic year preceding the academic year for which the calculation is made; divided by ``(bb) the base level school year length for the academic year preceding the academic year for which the calculation is made; multiplied by ``(II) 100. ``(ii) \1/3\ of such percentage shall be equal to-- ``(I) the result of-- ``(aa) the State mandated minimum instructional hours per school day for the academic year preceding the academic year for which the calculation is made; divided by ``(bb) 5.5; multiplied by ``(II) 100. ``(B) Special calculation rule.--In making the calculation described in subparagraph (A) for a State, the value of subparagraph (A)(ii) shall be zero if the State mandated minimum instructional hours per school day for the academic year preceding the academic year for which the calculation is made is less than the number of such State mandated minimum instructional hours for the academic year that precedes by two years the academic year for which the calculation is made.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1127 the following: ``Sec. 1128. School day factor.''.

School Day Factor Act of 2009 - Modifies the calculation of basic, concentration, targeted, and education finance incentive grants under the Elementary and Secondary Education Act of 1965 to reward states that increase the minimum number of days in their school year and minimum number of instructional hours in their school day. Makes such modification by factoring into such calculation the extent to which a state's minimum: (1) school year exceeds or falls below a base level school year which is set at 180 days for the 2009-2010 school year and rises five school days for each succeeding school year until it reaches 200 days for the 2013-2014 school year; and (2) instructional hours per school day exceed or fall below five and one-half hours. Removes any advantage gained by states that extend their school year, but reduce their minimum instructional hours per school day.

A bill to amend subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 to establish incentives for States to extend the minimum length of the school year to 200 full days by 2014, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethics in Foreign Lobbying Act of 2016''. SEC. 2. PROHIBITION OF CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE POLITICAL COMMITTEES OR SEPARATE SEGREGATED FUNDS SPONSORED BY FOREIGN-CONTROLLED CORPORATIONS AND ASSOCIATIONS. Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section: ``prohibition of contributions and expenditures by multicandidate political committees sponsored by foreign-controlled corporations and associations ``Sec. 325. (a) Notwithstanding any other provision of law-- ``(1) no multicandidate political committee or separate segregated fund of a foreign-controlled corporation may make any contribution or expenditure with respect to an election for Federal office; and ``(2) no multicandidate political committee or separate segregated fund of a trade organization, membership organization, cooperative, or corporation without capital stock may make any contribution or expenditure with respect to an election for Federal office if 50 percent or more of the operating fund of the trade organization, membership organization, cooperative, or corporation without capital stock is supplied by foreign-controlled corporations or foreign nationals. ``(b) The Commission shall-- ``(1) require each multicandidate political committee or separate segregated fund of a corporation to include in the statement of organization of the multicandidate political committee or separate segregated fund a statement (to be updated annually and at any time when the percentage goes above or below 50 percent) of the percentage of ownership interest in the corporation that is controlled by persons other than citizens or nationals of the United States; ``(2) require each trade association, membership organization, cooperative, or corporation without capital stock to include in its statement of organization of the multicandidate political committee or separate segregated fund (and update annually) the percentage of its operating fund that is derived from foreign-owned corporations and foreign nationals; and ``(3) take such action as may be necessary to enforce subsection (a). ``(c) The Commission shall maintain a list of the identity of the multicandidate political committees or separate segregated funds that file reports under subsection (b), including a statement of the amounts and percentage reported by such multicandidate political committees or separate segregated funds. ``(d) As used in this section-- ``(1) the term `foreign-owned corporation' means a corporation at least 50 percent of the ownership interest of which is controlled by persons other than citizens or nationals of the United States; ``(2) the term `multicandidate political committee' has the meaning given that term in section 315(a)(4); ``(3) the term `separate segregated fund' means a separate segregated fund referred to in section 316(b)(2)(C); and ``(4) the term `foreign national' has the meaning given that term in section 319.''. SEC. 3. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES OF FOREIGN NATIONALS. Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended by adding at the end the following new subsection: ``(c) A foreign national shall not direct, dictate, control, or directly or indirectly participate in the decisionmaking process of any person, such as a corporation, labor organization, or political committee, with regard to such person's Federal or non-Federal election-related activities, such as decisions concerning the making of contributions or expenditures in connection with elections for any local, State, or Federal office or decisions concerning the administration of a political committee.''. SEC. 4. ESTABLISHMENT OF A CLEARINGHOUSE OF POLITICAL ACTIVITIES INFORMATION WITHIN THE FEDERAL ELECTION COMMISSION. (a) Establishment.--There shall be established within the Federal Election Commission a clearinghouse of public information regarding the political activities of foreign principals and agents of foreign principals. The information comprising this clearinghouse shall include only the following: (1) All registrations and reports filed pursuant to the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during the preceding 5-year period. (2) All registrations and reports filed pursuant to the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), during the preceding 5-year period. (3) The listings of public hearings, hearing witnesses, and witness affiliations printed in the Congressional Record during the preceding 5-year period. (4) Public information disclosed pursuant to the rules of the Senate or the House of Representatives regarding honoraria, the receipt of gifts, travel, and earned and unearned income. (5) All reports filed pursuant to title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) during the preceding 5- year period. (6) All public information filed with the Federal Election Commission pursuant to the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) during the preceding 5-year period. (b) Disclosure of Other Information Prohibited.--The disclosure by the clearinghouse, or any officer or employee thereof, of any information other than that set forth in subsection (a) is prohibited, except as otherwise provided by law. (c) Director of Clearinghouse.--(1) The clearinghouse shall have a Director, who shall administer and manage the responsibilities and all activities of the clearinghouse. (2) The Director shall be appointed by the Federal Election Commission. (3) The period of the Director's term of service shall be determined by the Commission, but may not exceed 5 years. (4) No individual appointed to serve a term as the Director may serve for an additional term. (d) Ensuring Sufficient Staff and Other Resources.--The Commission shall ensure that the Director has sufficient resources, including staff, to carry out the Director's duties and responsibilities under this Act. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to conduct the activities of the clearinghouse. SEC. 5. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF THE CLEARINGHOUSE. (a) In General.--It shall be the duty of the Director of the clearinghouse established under section 4-- (1) to develop a filing, coding, and cross-indexing system to carry out the purposes of this Act (which shall include an index of all persons identified in the reports, registrations, and other information comprising the clearinghouse); (2) notwithstanding any other provision of law, to make copies of registrations, reports, and other information comprising the clearinghouse available for public inspection and copying, beginning not later than 30 days after the information is first available to the public, and to permit copying of any such registration, report, or other information by hand or by copying machine or, at the request of any person, to furnish a copy of any such registration, report, or other information upon payment of the cost of making and furnishing such copy, except that no information contained in such registration or report and no such other information shall be sold or used by any person for the purpose of soliciting contributions or for any profit-making purpose; (3) to compile and summarize, for each calendar quarter, the information contained in such registrations, reports, and other information comprising the clearinghouse in a manner which facilitates the disclosure of political activities, including, but not limited to, information on-- (A) political activities pertaining to issues before the Congress and issues before the executive branch; and (B) the political activities of individuals, organizations, foreign principals, and agents of foreign principals who share an economic, business, or other common interest; (4) to make the information compiled and summarized under paragraph (3) available to the public within 30 days after the close of each calendar quarter, and to publish such information in the Federal Register at the earliest practicable opportunity; (5) not later than 150 days after the date of the enactment of this Act and at any time thereafter, to prescribe, in consultation with the Comptroller General, such rules, regulations, and forms, in conformity with the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of section 4 and this section in the most effective and efficient manner; and (6) at the request of any Member of the Senate or Member of the House of Representatives, to prepare and submit to such Member a study or report relating to the political activities of any person and consisting only of the information in the registrations, reports, and other information comprising the clearinghouse. (b) Definitions.--As used in this section-- (1) the terms ``foreign principal'' and ``agent of a foreign principal'' have the meanings given those terms in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611); (2) the term ``issue before the Congress'' means the total of all matters, both substantive and procedural, relating to-- (A) any pending or proposed bill, resolution, report, nomination, treaty, hearing, investigation, or other similar matter in either the Senate or the House of Representatives or any committee or office of the Congress; or (B) any pending action by a Member, officer, or employee of the Congress to affect, or attempt to affect, any action or proposed action by any officer or employee of the executive branch; (3) the term ``issue before the executive branch'' means the total of all matters, both substantive and procedural, relating to any pending action by any executive agency, or by any officer or employee of the executive branch, concerning-- (A) any pending or proposed rule, rule of practice, adjudication, regulation, determination, hearing, investigation, contract, grant, license, negotiation, or the appointment of officers and employees, other than appointments in the competitive service; or (B) any issue before the Congress; and (4) the term ``Member of the House of Representatives'' includes a Delegate or Resident Commissioner to the Congress. SEC. 6. PENALTIES FOR DISCLOSURE. Any person who discloses information in violation of section 4(b), and any person who sells or uses information for the purpose of soliciting contributions or for any profit-making purpose in violation of section 5(a)(2), shall be imprisoned for a period of not more than 1 year, or fined under title 18, United States Code, or both. SEC. 7. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT OF 1938. (a) Quarterly Reports.--Section 2(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 612(b)), is amended in the first sentence by striking ``, within thirty days'' and all that follows through ``preceding six months' period'' and inserting the following: ``on January 31, April 30, July 31, and October 31 of each year, file with the Attorney General a supplement thereto on a form prescribed by the Attorney General, which shall set forth regarding the three-month periods ending the previous December 31, March 31, June 30, and September 30, respectively, or if a lesser period, the period since the initial filing,''. (b) Exemption for Legal Representation.--Section 3(g) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 613(g)) is amended by adding at the end the following: ``A person may be exempt under this subsection only upon filing with the Attorney General a request for such exemption.''. (c) Civil Penalties.--Section 8 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 618) is amended by adding at the end the following: ``(i)(1) Any person who is determined, after notice and opportunity for an administrative hearing-- ``(A) to have failed to file a registration statement under section 2(a) or a supplement thereto under section 2(b), ``(B) to have omitted a material fact required to be stated therein, or ``(C) to have made a false statement with respect to such a material fact, shall be required to pay a civil penalty in an amount not less than $2,000 or more than $5,000 for each violation committed. In determining the amount of the penalty, the Attorney General shall give due consideration to the nature and duration of the violation. ``(2)(A) In conducting investigations and hearings under paragraph (1), administrative law judges may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing. ``(B) In the case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and, upon application by the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as contempt thereof.''.

Ethics in Foreign Lobbying Act of 2016 This bill amends the Federal Election Campaign Act of 1971 to prohibit contributions and expenditures in federal elections by multicandidate political committees or separate segregated funds sponsored by foreign-controlled corporations and associations (at least 50% owned by a non-U.S. citizen or foreign national). Ownership and operating fund reporting requirements are set forth. A foreign national Floor Agenda Team may not participate in the decision-making process of any person's election-related activities (such as those of a corporation, labor organization, or political committee). The bill establishes within the Federal Election Commission (FEC) a clearinghouse of existing public information regarding the political activities of foreign principals and agents of foreign principals. The Foreign Agents Registration Act of 1938 is amended to: (1) revise foreign agents' supplemental reporting requirements, and (2) provide civil penalties for specified reporting violations.

Ethics in Foreign Lobbying Act of 2016

SECTION 1. AUDIT PROCEDURES. (a) In General.-- (1) Annual audit requirement.--The White County Bridge Commission (created by the Act approved April 12, 1941 (55 Stat. 140) and in this Act referred to as the ``Commission'') shall provide for an annual audit of its financial transactions by an independent public accountant of recognized standing in such manner as prescribed by the Governors of the States of Indiana and Illinois and in accordance with generally accepted auditing standards. (2) Availability of records.--The Commission shall make available for purposes of the audit all books, accounts, financial records, reports, files, and all other papers, documents, or property belonging to or in use by the Commission. (3) GAO advice.--The General Accounting Office is authorized and directed to make available its advice on any matter pertaining to an audit performed pursuant to this section. (b) Audit Report.--The Commission within 4 months following the close of the fiscal year for which the audit is made shall submit a copy of the audit report to the Governors of the States of Indiana and Illinois and to the Secretary of Commerce. The report shall set forth the scope of the audit and shall include a statement of assets and liabilities, capital, and surplus or deficits; a statement of surplus or deficit analysis, a statement of income and expense; a statement of sources and application of funds; and such comments and information as may be deemed necessary to keep the Governors and the Secretary informed of the operations and financial condition of the Commission. (c) Additional Audits.--The Governor of the State of Indiana or Illinois or the Secretary of Commerce is authorized to provide for the conduct of further audits of the Commission if the audit report submitted under subsection (b) is not satisfactory to the Governor or the Secretary, as the case may be. (d) Cost.--The Commission shall bear all expenses of the annual audit of its financial transactions as required by this section. All expenses of any additional audit required under this section shall be paid by the official or agency requesting such additional audit. SEC. 2. MEMBERSHIP. (a) Continuation.--Each person who is a member, on the date of enactment of this Act, of the Commission shall continue in office until the expiration of his or her present term, except as provided in subsection (b). (b) Terms of Office.--Notwithstanding any other provision of law, the term of office of each person who is a member of the Commission on the date of enactment of this Act shall expire on the 90th day following such date of enactment. The Secretary of Commerce may thereupon appoint 3 persons as members of the Commission, 1 for a term of 2 years, 1 for a term of 4 years, and 1 for a term of 6 years. Each person appointed as a member of the Commission thereafter shall be a resident of White County, Illinois, or Posey County, Indiana, and shall be appointed for a term of 6 years, except that a person appointed to fill a vacancy shall serve only for the unexpired term of his predecessor. (c) Bond.--Each person appointed under this section shall give such bond as may be fixed by the Secretary, conditioned upon the faithful performance of all duties required by this Act. The cost of such bonds shall be deemed an operating expense of the Commission. (d) Chairman.--The Secretary shall designate the member of the Commission who shall serve as chairman for a term of 2 years and the member who shall serve as vice chairman for a term of 2 years. (e) Vacancies.--Vacancies in the Commission shall not affect its powers and shall be filled in the same manner as the original appointments were made. Incumbent members whose terms have expired shall hold over in office until their successors are appointed and qualified. (f) Rules.--The Commission shall have power to establish rules and regulations for the government of its business. (g) Oath.--Each member appointed under this Act shall qualify within 30 days after appointment by filing with the Secretary of Commerce an oath that he will faithfully perform the duties imposed upon him by law. (h) Removal for Cause.--Each member appointed under this Act shall be removable for cause by the Secretary of Commerce. (i) Limitation on Applicability.--This section shall not be applicable to ex officio members or State highway department members of the Commission. SEC. 3. ANNUAL REPORT. (a) Submission.--The Commission shall submit an annual report covering its operations and fiscal transactions during the preceding fiscal year and its financial condition and a statement of all receipts and expenditures during such period to the Governors of the States of Indiana and Illinois and to the Secretary of Commerce not later than 4 months following the last day of the fiscal year for which the audit required under section 1 of this Act is made. (b) Review.--The Secretary shall review such annual reports and audit reports submitted under section 1(b) of this Act and shall make recommendations to Congress based upon such review, or take such other action as the Secretary may consider necessary, to effectuate the intent of Congress as established by this Act and by the Act approved April 12, 1941 (55 Stat. 140). SEC. 4. AUTHORITY TO TRANSFER. Authority is granted to transfer all functions, powers, duties, responsibilities, authority, assets, liability, obligations, books, records, property, and equipment of the Commission, to the highway department or other agency of the States of Indiana and Illinois, or to joint agencies established by interstate compact or agreement. Such transfer shall be carried out in a manner as may be prescribed or authorized by the laws of the States. Upon such transfer, the Commission shall cease to exist. SEC. 5. SPECIAL RULES. (a) Enforcement.--All provisions of the Act approved April 12, 1941 (55 Stat. 144), may be enforced or the violation thereof prevented by mandamus, injunction, or other appropriate remedy by the chief legal officer of either the State of Indiana or Illinois in any court having competent jurisdiction of the subject matter and of the parties. (b) Non-Federal Employees.--Members and employees of the Commission shall not be treated as Federal officers and employees. (c) Pay.-- (1) Per diem; travel expenses.--The members of the Commission shall each be entitled to a per diem compensation for their services of $20 for each day actually spent in the business of the Commission, but the maximum per diem compensation of the chairman in any 1 year shall not exceed $3,000 and of each other member in any 1 year shall not exceed $2,000. The members of the Commission shall also be entitled to receive traveling expense allowance of the standard mileage rate for each mile actually traveled on the business of the Commission. (2) Treatment of payments.--Payments under the provisions of this subsection shall be in lieu of any other payments for salary or expenses authorized for service as a member of the Commission under the provisions of any other Federal law relating to the Commission, but nothing in this subsection shall affect any other Federal law with respect to the funds from which any such payments shall be made.

Requires the White County Bridge Commission to provide for the annual audit of its financial transactions (with respect to the New Harmony Bridge over the Wabash River) as prescribed by the Governors of the States of Indiana and Illinois. Directs the General Accounting Office to give advice on such audits. Requires the Commission to submit a copy of the audit report to the Governors and the Secretary of Commerce. Allows each Governor or the Secretary of Commerce to provide for the conduct of further audits as they see fit. Declares that the Commission shall bear all expenses of the annual audit.Directs the Commission to submit an annual report to the Governors and the Secretary covering operations and fiscal transactions. Allows the Commission to transfer all functions, powers, duties, and other specified elements to the highway department or other agency of either of the two States, upon which action the Commission shall cease to exist.

To provide for the annual audit of the White County Bridge Commission, for the New Harmony Bridge over the Wabash River, Indiana and Illinois, for the filling of vacancies in the membership thereof, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Share Act of 2008''. SEC. 2. CERTAIN DOMESTICALLY CONTROLLED FOREIGN PERSONS PERFORMING SERVICES UNDER CONTRACT WITH UNITED STATES GOVERNMENT TREATED AS AMERICAN EMPLOYERS. (a) FICA Taxes.--Section 3121 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: ``(z) Treatment of Certain Foreign Persons as American Employers.-- ``(1) In general.--If any employee of a foreign person is performing services in connection with a contract between the United States Government (or any instrumentality thereof) and any member of any domestically controlled group of entities which includes such foreign person, such foreign person shall be treated for purposes of this chapter as an American employer with respect to such services performed by such employee. ``(2) Domestically controlled group of entities.--For purposes of this subsection-- ``(A) In general.--The term `domestically controlled group of entities' means a controlled group of entities the common parent of which is a domestic corporation. ``(B) Controlled group of entities.--The term `controlled group of entities' means a controlled group of corporations as defined in section 1563(a)(1), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears therein, and ``(ii) the determination shall be made without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence). ``(3) Liability of common parent.--In the case of a foreign person who is a member of any domestically controlled group of entities, the common parent of such group shall be jointly and severally liable for any tax under this chapter for which such foreign person is liable by reason of this subsection. ``(4) Cross reference.--For relief from taxes in cases covered by certain international agreements, see sections 3101(c) and 3111(c).''. (b) Social Security Benefits.--Subsection (e) of section 210 of the Social Security Act (42 U.S.C. 410(e)) is amended-- (1) by striking ``(e) The term'' and inserting ``(e)(1) The term'', (2) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and (3) by adding at the end the following new paragraph: ``(2)(A) If any employee of a foreign person is performing services in connection with a contract between the United States Government (or any instrumentality thereof) and any member of any domestically controlled group of entities which includes such foreign person, such foreign person shall be treated for purposes of this chapter as an American employer with respect to such services performed by such employee. ``(B) For purposes of this paragraph-- ``(i) The term `domestically controlled group of entities' means a controlled group of entities the common parent of which is a domestic corporation. ``(ii) The term `controlled group of entities' means a controlled group of corporations as defined in section 1563(a)(1) of the Internal Revenue Code of 1986, except that-- ``(I) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears therein, and ``(II) the determination shall be made without regard to subsections (a)(4) and (b)(2) of section 1563 of such Code. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3) of such Code) by members of such group (including any entity treated as a member of such group by reason of this sentence).''. (c) Effective Date.--The amendment made by this section shall apply to services performed after the date of the enactment of this Act.

Fair Share Act of 2008 - Amends the Internal Revenue Code and title II (Old Age, Survivors, and Disability Insurance Benefits) of the Social Security Act to treat certain foreign subsidiaries of U.S. companies performing services under a contract with the U.S. government as U.S. employers for purposes of Social Security and Medicare employment taxes.

A bill to amend the Internal Revenue Code of 1986 and the Social Security Act to treat certain domestically controlled foreign persons performing services under contract with the United States Government as American employers for purposes of certain employment taxes and benefits.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Women Veterans and Other Health Care Improvements Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Facilitation of reproduction and infertility research. Sec. 3. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services. Sec. 4. Reproductive treatment and care delivery for spouses and surrogates of veterans. Sec. 5. Requirement to improve Department of Veterans Affairs women veterans call center. Sec. 6. Modification of pilot program on counseling in retreat settings for women veterans newly separated from service in the Armed Forces. Sec. 7. Pilot programs on assistance for child care for certain veterans. SEC. 2. FACILITATION OF REPRODUCTION AND INFERTILITY RESEARCH. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7330B. Facilitation of reproduction and infertility research ``(a) Facilitation of Research Required.--The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Director of the National Institutes of Health to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a service-connected genitourinary disability or a condition that was incurred or aggravated in line of duty in the active military, naval, or air service, such as spinal cord injury, that affects the veterans' ability to reproduce. ``(b) Dissemination of Information.--The Secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 is amended by inserting after the item relating to section 7330A the following new item: ``7330B. Facilitation of reproduction and infertility research.''. (c) Report.--Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the research activities conducted by the Secretary under section 7330B of title 38, United States Code, as added by subsection (a). SEC. 3. CLARIFICATION THAT FERTILITY COUNSELING AND TREATMENT ARE MEDICAL SERVICES WHICH THE SECRETARY MAY FURNISH TO VETERANS LIKE OTHER MEDICAL SERVICES. Section 1701(6) of such title is amended by adding at the end the following new subparagraph: ``(H) Fertility counseling and treatment, including treatment using assisted reproductive technology.''. SEC. 4. REPRODUCTIVE TREATMENT AND CARE DELIVERY FOR SPOUSES AND SURROGATES OF VETERANS. (a) In General.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1787. Reproductive treatment and care for spouses and surrogates of veterans ``(a) In General.--The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the health care system established under section 1705(a) of this title if the spouse and the veteran apply jointly for such counseling and treatment through a process prescribed by the Secretary. ``(b) Coordination of Care for Other Spouses and Surrogates.--In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1786 the following new section: ``1787. Reproductive treatment and care for spouses and surrogates of veterans.''. (c) Regulations.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out section 1787 of title 38, United States Code, as added by paragraph (1). SEC. 5. REQUIREMENT TO IMPROVE DEPARTMENT OF VETERANS AFFAIRS WOMEN VETERANS CALL CENTER. The Secretary of Veterans Affairs shall enhance the capabilities of the Department of Veterans Affairs women veterans call center-- (1) to respond to requests by women veterans for assistance with accessing health care and benefits furnished under laws administered by the Secretary; and (2) for referral of such veterans to community resources to obtain assistance with services not furnished by the Department. SEC. 6. MODIFICATION OF PILOT PROGRAM ON COUNSELING IN RETREAT SETTINGS FOR WOMEN VETERANS NEWLY SEPARATED FROM SERVICE IN THE ARMED FORCES. (a) Increase in Number of Locations.--Subsection (c) of section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 38 U.S.C. 1712A note) is amended by striking ``three locations'' and inserting ``14 locations''. (b) Extension of Duration.--Subsection (d) of such section is amended by striking ``2-year'' and inserting ``four-year''. SEC. 7. PILOT PROGRAMS ON ASSISTANCE FOR CHILD CARE FOR CERTAIN VETERANS. (a) Modification of Duration of Pilot Program on Assistance for Child Care for Certain Veterans Receiving Health Care.--Subsection (e) of section 205 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 38 U.S.C. 1710 note) is amended to read as follows: ``(e) Duration.--A child care center that is established as part of the pilot program may operate until the date that is two years after the date on which the pilot program is established in the third Veterans Integrated Service Network required by subsection (d).''. (b) Requirement for Pilot Program on Assistance for Child Care for Certain Veterans Receiving Readjustment Counseling and Related Mental Health Services.-- (1) Pilot program required.--The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of providing, subject to paragraph (2), assistance to qualified veterans described in paragraph (3) to obtain child care so that such veterans can receive readjustment counseling and related mental health services. (2) Limitation on period of payments.--Assistance may only be provided to a qualified veteran under the pilot program required by paragraph (1) for receipt of child care during the period that the qualified veteran receives readjustment counseling and related health care services at a Vet Center. (3) Qualified veterans.--For purposes of this subsection, a qualified veteran is a veteran who is-- (A) the primary caretaker of a child or children; and (B)(i) receiving from the Department regular readjustment counseling and related mental health services; or (ii) in need of readjustment counseling and related mental health services from the Department, and but for lack of child care services, would receive such counseling and services from the Department. (4) Locations.--The Secretary shall carry out the pilot program under this subsection in no fewer than three Readjustment Counseling Service Regions selected by the Secretary for purposes of the pilot program. (5) Duration.--The pilot program under this subsection shall be carried out until the end of the two-year period beginning on the day on which the Secretary begins carrying out the pilot program at the last Readjustment Counseling Service Region selected under paragraph (4) at which the Secretary begins carrying out the pilot program. (6) Forms of child care assistance.-- (A) In general.--Child care assistance under this subsection may include the following: (i) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 (Public Law 107-67; 115 Stat. 552). (ii) Payments to private child care agencies. (iii) Collaboration with facilities or programs of other Federal departments or agencies. (iv) Such other forms of assistance as the Secretary considers appropriate. (B) Amounts of stipends.--In the case that child care assistance under this subsection is provided as a stipend under subparagraph (A)(i), such stipend shall cover the full cost of such child care. (7) Report.--Not later than 180 days after the completion of the pilot program required by paragraph (1), the Secretary shall submit to Congress a report on the pilot program. The report shall include the findings and conclusions of the Secretary as a result of the pilot program, and shall include such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (8) Authorization of appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs to carry out the pilot program required by paragraph (1) $1,000,000 for each of fiscal years 2014 and 2015. (9) Vet center defined.--In this section, the term ``Vet Center'' means a center for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code.

Women Veterans and Other Health Care Improvements Act of 2012 - Directs the Secretary of Veterans Affairs (VA) to facilitate collaborative research to meet the long-term reproductive health care needs of veterans who have a service-connected genitourinary disability or a condition that was aggravated in the line of active duty, such as a spinal cord injury, that affects the veterans' ability to reproduce. Includes fertility counseling and treatment within authorized VA medical services. Directs the Secretary to furnish such counseling and treatment, including the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded veteran who has an infertility condition incurred or aggravated in the line of duty and who is enrolled in the VA health care system, as long as the spouse and veteran apply jointly for such counseling and treatment. Requires the Secretary to enhance the capabilities of the VA women veterans call center: (1) to respond to requests for assistance with accessing VA health care and benefits, and (2) for referral to community resources to obtain assistance with services not furnished by the VA. Amends the Caregivers and Veterans Omnibus Health Services Act of 2010 relating to a pilot program of group retreat reintegration and readjustment counseling for women veterans recently separated from service to: (1) increase from at least 3 to at least 14 the number of locations for such counseling, and (2) extend the pilot program for an additional 2 years. Requires a pilot program under such Act relating to the provision of child care assistance for certain veterans receiving VA health care to be extended until two years after the program is established in the third Veterans Integrated Service Network. (Under current law, such program terminates two years after its original commencement.) Directs the Secretary to carry out a pilot program to assess the feasibility and advisability of providing child care assistance to veterans receiving or in need of VA readjustment counseling and related mental health services. Requires the program to continue until two years after it is begun at the last Readjustment Counseling Service Region chosen by the Secretary.

To amend title 38, United States Code, to improve the assistance provided by the Department of Veterans Affairs to women veterans, to improve health care furnished by the Department, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficient Manufactured Home Act of 2015''. SEC. 2. ASSISTANCE FOR REPLACEMENT OF DATED MANUFACTURED HOMES WITH ENERGY-EFFICIENT MANUFACTURED AND MODULAR HOMES. (a) Authority.--The Secretary of Housing and Urban Development may carry out a program under this section to provide grants to assist low- income, very low-income, and extremely low-income owners of dated manufactured homes for the replacement of such dated manufactured homes with Energy Star-qualified manufactured or modular homes. (b) Grants.-- (1) Eligible entities.--The Secretary may provide grants under this section only to-- (A) State housing finance agencies; (B) units of general local government; and (C) qualified nonprofit organizations. (2) Competition; priority.--The Secretary shall provide grants under this section through competition that provides priority to applicants for such grants that, in accordance with criteria established by the Secretary-- (A) demonstrate that providing a grant to the applicant would result in substantial energy gains and returns on investment on replacement of dated manufactured homes; (B) will use grants in areas having the infrastructure or planned infrastructure necessary to replace dated manufactured homes; (C) will act in partnership with providers of high quality affordable lending products that enable sustainable homeownership; or (D) will supplement assistance provided to eligible owners of dated manufactured homes pursuant to a grant under this section with funds from other sources, and provide such assurances as the Secretary considers necessary to ensure that such supplemental amounts are available for such purpose. (3) Use of funds.--A grantee shall use amounts from a grant provided under this section only to provide assistance to owners of dated manufactured homes in accordance with subsection (c). (4) Failure by grantees to act.--If a grantee fails to use any portion of grant provided under this section during the 36- month period beginning on the date of receipt of the grant amounts-- (A) the unused amount of the grant shall revert to the Secretary; and (B) the Secretary shall make such amounts available under the competition required under paragraph (2). (c) Assistance.--Assistance under this subsection shall be assistance designed to enable the owner of a dated manufactured home to afford to replace or decommission such manufactured home, subject to the following conditions: (1) Form of assistance.--A grantee may provide assistance under this subsection to the owner of a dated manufactured home only in the following forms: (A) A grant or loan for use toward the purchase of a new Energy Star-qualified manufactured or modular home. The Secretary shall establish such requirements for loans made with assistance provided under this subsection, and servicers of such loans, as necessary to ensure that such loans are high quality affordable lending products that enable sustainable homeownership. (B) A grant for the decommissioning, and any related costs, of a dated manufactured home. (2) Income and primary residence requirements.--A grant or loan under this subsection may be made only to the owner of a dated manufactured home who-- (A) is a low-, very low-, or extremely low-income family; and (B) has used such manufactured home as a primary residence on a year-round basis for at least the preceding 24 months. (3) Destruction and replacement of dated manufactured home.-- (A) In general.--A grant or loan under paragraph (1)(A) may be made only if the applicable dated manufactured home will be-- (i) destroyed (including appropriate recycling); and (ii) if replaced with a manufactured or modular home, is replaced in an appropriate area (as determined by the applicable State agency) with an Energy Star-qualified manufactured or modular home. (B) Third-party verification requirements.--The Secretary shall establish such third-party verification requirements as are necessary to ensure that the requirements of subparagraph (A) are met. Such requirements shall provide that compliance with the requirement under subparagraph (A)(i) to destroy a dated manufactured home may be evidenced by means of a photograph of the destroyed manufactured home or of the lot where the manufactured home was located showing that the lot is vacant or the replacement home. (4) Prohibition on previous assistance.--A grant or loan under paragraph (1)(A) may not be provided to any owner of a dated manufactured home that was or is a member of a household for which any member of the household has previously been provided a grant or loan pursuant to this subsection. (5) Control of home site.--As a condition of receipt of a grant or loan under paragraph (1)(A) for the purchase of a new manufactured or modular home, the land on which new manufactured or modular home is to be sited shall be-- (A) owned by-- (i) the owner of the dated manufactured home to whom the grant or loan is provided; or (ii) a limited equity cooperative, a nonprofit organization, a unit of local government or agency thereof, or a public housing agency; or (B) leased by the owner of the dated manufactured home to whom the grant or loan is provided under a land-lease agreement having a duration not shorter than 10 years, which may include a lease from a community land trust or nonprofit housing corporation or a proprietary lease (perpetual or renewable as a matter of right) by a cooperative or homeowner association that is owned or controlled by the homeowners. (6) Requirements for decommissioning grants.--A grant under paragraph (1)(B) for the decommissioning of a dated manufactured home may be made only if-- (A) the dated manufactured home for which the grant is made will be destroyed (including appropriate recycling); (B) proof of, or adequate assurances for, decommissioning of the dated manufactured home is provided before the grant funds are paid, and the Secretary shall provide that such proof may include a photograph of the destroyed decommissioned home or of the lot where the decommissioned home was located showing that the lot is vacant or the replacement home; (C) the owner agrees to repay the full amount of the grant if the home is not decommissioned within 90 days of receipt of the grant funds; and (D) no member of the household of the owner of the dated manufactured home for which the grant is provided has previously been provided a grant or loan pursuant to this section. (d) Administration.-- (1) Controls and procedures.--Each grantee that receives a grant under this section shall establish such fiscal controls and accounting procedures as are sufficient, as determined by the Secretary, to ensure proper accounting for disbursements made from the funds and fund balances. Such controls and procedures shall conform to generally accepted Federal accounting principles, as determined by the Secretary. (2) Coordination with state agencies.--A grantee of a grant under this section may coordinate efforts and share funds for administration with State and local agencies and nonprofit organizations involved in low-income housing programs. (3) Administrative expenses.--A grantee may use not more than 10 percent of the funds provided under a grant under this section for administrative expenses involved in the grantee's program for making grants and loans under subsection (c). (e) Reporting.-- (1) Secretary.--Upon the conclusion of the second fiscal year for which grants under the program under this section are made and the conclusion of each of the next successive four fiscal years, the Secretary shall submit a report to the Congress describing the impact of the program, which shall include information regarding-- (A) the number of dated manufactured homes decommissioned; (B) the number of new manufactured and modular homes purchased; (C) the incomes of families assisted; (D) the number of assisted families, disaggregated by State and ZIP Code; and (E) the number of new Energy Star-qualified manufactured and modular homes that were sited on land held under each type of tenure described in subsection (c)(5). (2) Grantees.--The Secretary shall require grantees receiving grants under this section to submit such reports as may be necessary for the Secretary to ensure compliance with this Act and enable the Secretary to comply with the requirement under paragraph (1). (f) Definitions.--For purposes of this section, the following definitions shall apply: (1) Dated manufactured home.--The term ``dated manufactured home'' means a manufactured home constructed before December 31, 1994. In establishing requirements regarding demonstrating the date of construction of homes, the Secretary shall take into consideration the difficulty of producing evidence of the date of construction of homes manufactured before 1976. (2) Energy star-qualified.--The term ``Energy Star- qualified'' means, with respect to a manufactured or modular home, that the home has been designed, produced, and installed by an Energy Star-certified entity in accordance with Energy Star guidelines issued by the Secretary of Energy for manufactured or modular homes, as applicable. (3) Low-income family; very low-income family; extremely low-income family.-- (A) Low-income family.--The term ``low-income family'' means a family having an income that is not greater than 80 percent of area median income, with adjustments for smaller and larger families, as determined by the Secretary, except that such term includes any family that resides in a rural area that has an income that does not exceed the poverty line (as such term is defined in section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)), including any revision required by such section) applicable to a family of the size involved. (B) Very low-income family.--The term ``very low- income family'' means a family having an income that is not greater than 50 percent of area median income, with adjustments for smaller and larger families, as determined by the Secretary. (C) Extremely low-income family.--The term ``extremely low-income family'' means a family having an income that is not greater than 30 percent of area median income, with adjustments for smaller and larger families, as determined by the Secretary. (4) Manufactured home.--The term ``manufactured home''' has the meaning given such term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402) and such term includes any structure that meets such definition without regard to when it was constructed or manufactured. Such term includes single- and multi-section manufactured homes. (5) Modular home.--The term ``modular home'' means a home that is constructed in a factory in one or more modules-- (A) each of which meet applicable State and local building codes of the area in which the home will be located; and (B) that are transported to the home building site, installed on foundations, and completed. (6) Qualified nonprofit organization.--The term ``qualified nonprofit organization'' means any private, nonprofit organization (including a State or locally chartered nonprofit organization) that-- (A) is organized under State or local laws; (B) has no part of its net earning inuring to the benefit of any member, founder, contributor or individual; (C) complies with standards of financial accountability acceptable to the Secretary; and (D) has among its purposes significant activities related to the provision of decent housing that is affordable to low-income families. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (8) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (9) Unit of general local government.--The term ``unit of general local government'' means a city, county, town, township, parish, village, or other general purpose subdivision of a State, or a consortium of such political subdivisions. (g) Regulations.--The Secretary may issue any regulations necessary to carry out the program under this section. (h) Authorization of Appropriations.--For grants under this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2016 through 2025.

Energy Efficient Manufactured Home Act of 2015 This bill authorizes the Department of Housing and Urban Development to carry out a program to provide grants and loans to assist low-income owners of manufactured homes constructed before December 31, 1994, in decommissioning their dated homes and replacing them with Energy Star-qualified manufactured or modular homes. Grants or loans may be made only to a low-income owner of a dated manufactured home who has used that home as a primary residence on a year-round basis for at least the preceding 24 months. Each household may only receive one grant or loan under the program. The bill sets forth requirements with respect to: (1) ownership of the land on which the new manufactured or modular home is to be sited, and (2) the decommissioning of a dated home.

Energy Efficient Manufactured Home Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Zoning and Property Rights Protection Act of 2015''. SEC. 2. WITHDRAWAL OF RULES AND NOTICES. (a) Proposed Rule.--Not later than 30 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall withdraw the proposed rule of the Department of Housing and Urban Development described in the notice of proposed rule entitled ``Affirmatively Furthering Fair Housing'', published in the Federal Register on July 19, 2013 (78 Fed. Reg. 43710; Docket No. FR-5173-P- 01), any final rule based on such proposed rule (including the rule having the Regulation Identifier Number RIN 2501-AD33), and any successor rule that is substantially similar to such proposed or final rule. (b) Notice.--Not later than 30 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall withdraw the notice of the Department of Housing and Urban Development relating to the Affirmatively Furthering Fair Housing Assessment Tool, published in the Federal Register on September 26, 2014 (79 Fed. Reg. 57949; Docket No. FR-5173-N-02), any proposed or final rule issued pursuant to such notice, and any successor notice or rule substantially similar to such notice or proposed or final rule. SEC. 3. FEDERALISM CONSULTATION AND REPORT. (a) In General.--The Secretary of Housing and Urban Development shall jointly consult with State officials, local government officials, and officials of public housing agencies to develop recommendations, consistent with applicable rulings of the Supreme Court of the United States, to further the purposes and policies of the Fair Housing Act. (b) Consultation Requirements.--In developing the recommendations required under subsection (a), the Secretary shall-- (1) provide State officials, local government officials, and officials of public housing agencies with notice and an opportunity to participate in the consultation process required under subsection (a); (2) seek to consult with State officials, local government officials, and officials of public housing agencies that represent a broad cross-section of regional, economic, and geographic perspectives in the United States; (3) emphasize the importance of collaboration with and among the State officials, local government officials, and officials of public housing agencies; (4) allow for meaningful and timely input by State officials, local government officials, and officials of public housing agencies; (5) promote transparency in the consultation process required under subsection (a); and (6) explore with State officials, local government officials, and officials of public housing agencies whether Federal objectives under the Fair Housing Act can be attained by means other than through new regulations. (c) Reports.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a draft report describing the recommendations developed pursuant to subsection (a). (2) Consensus requirement.--The Secretary may include a recommendation in the draft report only if consensus has been reached with regard to the recommendation among the Secretary, the State officials, local government officials, and officials of public housing agencies consulted pursuant to subsection (a). (3) Failure to reach consensus.--If the Secretary, State officials, local government officials, and officials of public housing agencies consulted under subsection (a) fail to reach consensus on a regulatory proposal, the draft report shall identify that consensus was not reached and shall describe-- (A) the areas and issues with regard to which consensus was reached; (B) the areas and issues of continuing disagreement that resulted in the failure to reach consensus; and (C) the reasons for the continuing disagreements. (4) Public review and comment period.--The Secretary shall make the draft report available for public review and comment for a period of not fewer than 180 days. (5) Final report.--The Secretary shall, in consultation with the State officials, local government officials, and officials of public housing agencies, address any comments received pursuant to paragraph (4) and shall prepare a final report describing the final results of the consultation process under subsection (a). (d) Submission of Final Report.--Not later than 12 months after the date of enactment of this Act, the Secretary shall make publicly available online the final report prepared pursuant to subsection (c)(5). (e) Definitions.--In this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (2) Local government official.--The term ``local government official'' means an elected or professional official of a local government or an official of a regional or national organization representing local governments or officials. (3) State official.--The term ``State official'' means an elected or professional official of a State government or an official of a regional or national organization representing State governments or officials. (4) Public housing agency.--The term ``public housing agency'' has the meaning given such term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

Local Zoning and Property Rights Protection Act of 2015 This bill requires the Secretary of Housing and Urban Development (HUD) to withdraw: the proposed HUD rule entitled "Affirmatively Furthering Fair Housing (AFFH)," any final rule based on it (including the rule with the Regulation Identifier Number RIN 2501-AD33), and any successor rule that is substantially similar to them; and the HUD notice relating to the AFFH Assessment Tool, any proposed or final rule issued pursuant to such notice, and any successor notice or rule substantially similar to them. HUD is required to consult with state, local government, and public housing agency officials to develop recommendations, consistent with applicable rulings of the U.S. Supreme Court, to further the Fair Housing Act's purposes and policies.

Local Zoning and Property Rights Protection Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heroin and Opioid Abuse Prevention and Treatment Act of 2016''. SEC. 2. EXCISE TAX ON OPIOIDS. (a) In General.--Subchapter E of chapter 32 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4192. OPIOIDS. ``(a) In General.--There is hereby imposed on the manufacturer, producer, or importer of any taxable active opioid a tax equal to the amount determined under subsection (b). ``(b) Amount Determined.--The amount determined under this subsection with respect to a manufacturer, producer, or importer for a calendar year is 1 cent per milligram of taxable active opioid in the production or manufacturing quota determined for such manufacturer, producer, or importer for the calendar year under section 306 of the Controlled Substances Act. ``(c) Taxable Active Opioid.--For purposes of this section-- ``(1) In general.--The term `taxable active opioid' means any controlled substance (as defined in section 102 of the Controlled Substances Act) manufactured in the United States which is opium, an opiate, or any derivative thereof. Such term excludes a narcotic drug for maintenance treatment or detoxification treatment if, to dispense the drug, a practitioner must obtain a separate registration under section 303(g) of the Controlled Substances Act. ``(2) Other ingredients.--In the case of a product that includes a taxable active opioid and another ingredient, subsection (a) shall apply only to the portion of such product that is a taxable active opioid.''. (b) Clerical Amendments.-- (1) The heading of subchapter E of chapter 32 of the Internal Revenue Code of 1986 is amended by striking ``Medical Devices'' and inserting ``Other Medical Products''. (2) The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E and inserting the following new item: ``subchapter e. other medical products''. (3) The table of sections for subchapter E of chapter 32 of such Code is amended by adding at the end the following new item: ``Sec. 4192. Opioids.''. (c) Effective Date.--The amendments made by this section shall apply to calendar years beginning after the date of the enactment of this Act. SEC. 3. GRANTS TO STATES FOR PREVENTION AND TREATMENT OF OPIOID (INCLUDING HEROIN) ABUSE. (a) In General.--The Public Health Service Act is amended by inserting after section 399V-6 (42 U.S.C. 280g-17) the following new section: ``SEC. 399V-7. PREVENTION AND TREATMENT OF OPIOID (INCLUDING HEROIN) ABUSE. ``(a) In General.--The Secretary shall provide-- ``(1) grants to States for research on opioids (including heroin); and ``(2) grants to States for opioid abuse prevention and treatment, which may include-- ``(A) establishing new addiction treatment facilities for opioid addicts; ``(B) establishing sober living facilities for recovering opioid addicts; ``(C) recruiting and increasing reimbursement for certified mental health providers providing opioid abuse treatment in medically underserved communities or communities with high rates of opioid abuse; ``(D) expanding access to long-term, residential treatment programs for opioid addicts and recovering addicts; ``(E) establishing or operating support programs that offer employment services, housing, and other support services for recovering opioid addicts; ``(F) establishing or operating housing for children whose parents are participating in opioid abuse treatment programs; ``(G) establishing or operating facilities to provide care for babies born with neonatal abstinence syndrome; ``(H) establishing or operating controlled opioid take-back programs; and ``(I) other opioid abuse prevention and treatment programs, as the Secretary determines appropriate. ``(b) Appropriation of Funds.--From time to time, beginning in the second calendar year that begins after the date of enactment of this section, the Secretary of the Treasury shall transfer from the general fund of the Treasury an amount equal to the total amount of taxes collected under section 4192 of the Internal Revenue Code of 1986 to the Secretary of Health and Human Services to carry out this section. Amounts transferred under this subsection shall remain available without further appropriation until expended.''. (b) Emergency Designation.--The amounts made available by amendments made by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

Heroin and Opioid Abuse Prevention and Treatment Act of 2016 This bill amends the Internal Revenue Code to require manufacturers, producers, and importers of active opioids to pay an excise tax of one cent per milligram of opioid. The bill also amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to provide grants to states for: (1) research on opioids (including heroin), and (2) opioid abuse prevention and treatment. The Department of the Treasury must transfer an amount equal to the revenue collected from the tax to HHS to carry out this bill. The bill makes the funds available without further appropriation and designates the funding as an emergency requirement under the Statutory Pay-As-You-Go Act of 2010 (PAYGO).

Heroin and Opioid Abuse Prevention and Treatment Act of 2016